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

Home , David Wilmot

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

Vol. 145 WASHINGTON, MONDAY, NOVEMBER 1, 1999 No. 151 House of Representatives The House met at 12:30 p.m. and was ACCOMPLISHMENTS OF THE rolls in Illinois have dropped by one- called to order by the Speaker pro tem- REPUBLICAN MAJORITY half. pore (Mr. THORNBERRY). Mr. WELLER. Mr. Speaker, it is my We tamed the tax collector, reform- f privilege to represent one of our Na- ing the IRS, shifting the burden of proof off the backs of the taxpayer and DESIGNATION OF SPEAKER PRO tion’s most diverse congressional dis- onto the IRS. That is pretty good. TEMPORE tricts. I represent the South Side of Chicago, the south suburbs in Cook and Of course, in this Republican major- The SPEAKER pro tempore laid be- Will Counties, a lot of bedroom com- ity we are now committed to moving fore the House the following commu- munities and a lot of cornfields and forward with a better agenda, an agen- nication from the Speaker: farm towns, too. When you represent da to help our local schools, keep the WASHINGTON, DC, such a diverse district, city, suburbs, budget balanced, pay down our na- November 1, 1999. and country, you have to learn to lis- tional debt, strengthen social security I hereby appoint the Honorable MAC and Medicare, and of course, lower the THORNBERRY to act as Speaker pro tempore ten. on this day. I find there is one very common mes- tax burden for working families. J. DENNIS HASTERT, sage that I hear back home. I heard it That is our commitment, because we Speaker of the House of Representatives. back in 1994 when I was elected and are responding to questions that I hear f they sent me here to change how Wash- back at home at the union hall and the VFW, the local Chamber of Commerce. MESSAGE FROM THE SENATE ington works. I continue to hear it. They want us to work together to meet People often ask me, when are you A message from the Senate by Ms. the challenges that we face here in folks going to make another change in McDevitt, one of its clerks, announced Washington, as well as at home. Washington? Now that you have bal- that the Senate had passed without I am pretty proud that over the last anced the budget, when are you going amendment a bill of the House of the 41⁄2 years this Republican majority has to stop the raid on social security? following title: worked to keep our commitments to Ever since LBJ needed to finance the H.R. 2303. An act to direct the Librarian of change how Washington works. When Vietnam War effort and grow govern- Congress to prepare the history of the House we think about it, when we came to ment with the Great Society, Wash- of Representatives, and for other purposes. Washington the Congress, which was ington has dipped into the social secu- The message also announced that the rity trust fund to spend on other Senate has passed a bill of the fol- controlled by the Democrats at that time, passed the biggest tax increase in things. In our Republican balanced lowing title in which concurrence of budget, we want to set aside 100 per- the House is requested: the history of our country. It was considering having a government takeover cent of social security for social secu- S. 1791. An act to authorize the Librarian rity. of Congress to purchase papers of Dr. Martin of our health care system. We had mas- Luther King, Junior, from Dr. King’s estate. sive deficits of $200 to $300 billion a I am disappointed to note that in the President’s budget, he only wants to f year. When we think about it, there have set aside 62 percent, meaning that he MORNING HOUR DEBATES been fundamental changes that have wants to spend 38 percent of social se- The SPEAKER pro tempore. Pursu- occurred since then. In fact, in the last curity on other things. If we add that ant to the order of the House of Janu- 41⁄2 years, this Republican Congress has all up, over 10 years, that raid on social ary 19, 1999, the Chair will now recog- done some things we were told we security totals $340 billion. nize Members from lists submitted by could not do. I am also asked back home, when are the majority and minority leaders for We have balanced the budget for the folks going to start talking about pay- morning hour debates. The Chair will first time in 28 years. That is now pro- ing down the national debt? I am pret- alternate recognition between the par- ducing an estimated $3 trillion surplus ty proud that last year we paid down ties, with each party limited to 30 min- of estimated money. $50 billion of the national debt, above utes, and each Member, except the ma- We cut taxes for the middle class for and beyond what was expected. This jority leader, the minority leader, or the first time in 16 years. Now 3 mil- year we are going to pay down $100 bil- the minority whip, limited to 5 min- lion children in my State of Illinois lion of the national debt, above and be- utes. now qualify for that $500 per child tax yond what is expected. The Chair recognizes the gentleman credit. Under the Republican balanced budg- from Illinois (Mr. WELLER) for 5 min- We have reformed welfare for the et, we pay down over $2.2 trillion of the utes. first time in a generation. The welfare national debt, over two-thirds of 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.

H11147

VerDate 29-OCT-99 01:18 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.000 pfrm12 PsN: H01PT1 H11148 CONGRESSIONAL RECORD — HOUSE November 1, 1999 national debt, over the next 10 years. Mr. BROWN of Ohio. Mr. Speaker, It is equally appropriate that Demo- That is progress, paying down the na- many of us have come to the House crats in Congress are taking the lead in tional debt. floor one after another talking about protecting seniors and the uninsured, I am also often asked, what about lowering the high cost of prescription and to address the ramifications of taxes? Taxes are too high. Forty per- drugs, especially for the elderly and what drug companies are doing to the cent of the average family’s income underinsured. Unfortunately, Repub- disadvantaged. That is our job. goes to government today. Twenty-one licans have simply refused to join Understand, again, 50 percent of all percent of our economy is consumed by Democrats to fight the drug companies research and development costs for the the Federal Government. That tax bur- and reduce these high prices and help research and development of new drugs den is too high, too unfair, too com- protect public health. in this country are paid for by tax- plicated. Let us look at the numbers. More payers. Understand also that Congress Unfortunately, the President vetoed than 75 percent of Medicare bene- has bestowed on those drug companies our effort to eliminate the marriage ficiaries have no coverage or inad- generous tax breaks on the money they tax penalty on married working cou- equate MediGap coverage for prescrip- do spend on research and development. ples, to eliminate the death tax on tion drugs. At least one-third of Medi- Then understand that drug companies family farmers, family businesses, be- care beneficiaries have no drug cov- show their appreciation to American cause he wanted to spend the money. erage at all. Forty-four million Ameri- taxpayers by charging us two and three Now he says he wants to raise taxes by cans do not have health insurance. and four times what citizens of every $238 billion so he can spend more. That That means they also, obviously, do other country in the world pay. is really what we are getting down to not have coverage to help pay the high How can we lower prescription drug in the last few days of this session of cost of prescription drugs. costs? We can lower prices through Congress. We are getting down to some Meanwhile, drug companies charge competition. I have introduced a bill real fundamental issues. Americans higher prices, in many cases that would permit competitors, that If we look at the President’s budget twice as high, sometimes three times, would permit generic companies to and the Democratic budget, as well as four times, five times as high, com- enter the market for drugs when they the Republican budget, there is a big pared to prices paid by the citizens of are unreasonably priced, whether the difference. We had a key vote last any other industrialized Nation. drug’s patent has expired or not. The week. We chose between government An average dosage, 60 tablets of patent-holder would receive royalties waste and social security. We made a Zocor for high cholesterol, costs $44 in for being the first on the market. Ge- commitment that we are willing to cut Canada and $102 in the United States. neric companies would compete with waste, fraud, and abuse in government One month’s supply of Tamoxifen for them, and Americans would receive a by 1 percent, reducing the Federal breast cancer sells for $156 in the price break fueled by competition. budget 1 cent on the dollar in order to United States and only $12 in Canada. The bill would require drug compa- stop the raid on social security. The drug industry repeatedly tells nies to publicly disclose audited infor- That is a fundamental, key vote, be- the American people that any reduc- mation justifying the prices that they cause when we think about it, do we tion in prices will cause them to dra- do charge. want to waste our dollars, or protect matically curtail and cut back their re- I urge my Republican colleagues to social security? We voted in the Repub- search and development efforts. It is stop stonewalling. I urge them to join lican majority to save social security. difficult for some of us to take these Democrats in lowering the cost of pre- What I was very concerned about is threats seriously. Who pays for a ma- scription drugs. Let us act before it is recently the leader of the Democrats, jority of research and development too late. the gentleman from Missouri (Mr. GEP- costs for new drugs in the United f HARDT) said, and I will quote, ‘‘I under- States, anyway? The answer is Amer- stand that there is a feeling now that ican taxpayers. A SALUTE TO THE WORLD WAR II since we have a surplus and since we The fact is Congress, where the drug GENERATION AND ITS CON- have to get ready for the baby industry’s multi-million dollar lob- TRIBUTIONS boomers, that we really ought to try to bying campaign and operation has such The SPEAKER pro tempore. Under spend as little bit as possible.’’ What is great influence, has granted this indus- the Speaker’s announced policy of Jan- interesting is he is saying he is willing try enormous tax breaks for research uary 19, 1999, the gentleman from Cali- to spend social security on other and development. fornia (Mr. ROHRABACHER) is recognized things. At the same time, the National Insti- during morning hour debates for 5 min- Our commitment is to stop the raid tutes of Health and non-governmental utes. on social security. That is an impor- research organizations fund more than Mr. ROHRABACHER. Mr. Speaker, tant commitment, because when folks half of all research and development every day America is losing one of our pay into their retirement security for drug companies without charge. most precious resources. This resource plan, called social security, they ex- Then drug companies take the informa- provided our country what it needed to pect when it is their turn it is going to tion they patented and they market overcome the economic calamity of the be there. Washington has been raiding another new and very lucrative miracle Great Depression. It was a resource the social security trust fund for far drug to Americans, and charge them that saved the world from the twin too long. the highest prices in the world. threats of Nazism and Japanese mili- I was very pleased to note that the It is no secret what is going on here. tarism, and then, when that job was Chief of Staff to the President under- Drug companies simply are doing what done, turn to rebuilding a shattered stands what we want to do. The Repub- they need to do to maximize profits. planet and, when they deserved to let licans’ key goal is not spend the social Unlike every other industrialized na- others pick up the load, they then went security surplus. tion in the world, the U.S. does not in and took on communism, which for Let us work together. We can work any way tamper with or regulate drug decades loomed as a threat to demo- in a bipartisan way. Let us stop the prices. What is the effect? Drug compa- cratic government and individual raid on social security, let us balance nies charge us the highest prices of any rights everywhere. the budget and stop the raid on social country in the world by multiples of I am, of course, talking about a gen- security. two, three, and even four times what eration, perhaps the greatest genera- f other countries pay. tion, of Americans, which is now pass- Who are the victims? The victims are ing from the scene. One year ago my THE AFFORDABLE PRESCRIPTION always those with the least bargaining father, Donald Rohrabacher, or Lieu- DRUGS ACT power: those without insurance, those tenant Colonel USMC retired Don The SPEAKER pro tempore. Under who are elderly, those who are poorest. Rohrabacher died. Just a short-term the Speaker’s announced policy of Jan- From a market perspective, what the ago, a friend of mine, Bob Smiley, Rob- uary 19, 1999, the gentleman from Ohio drug companies are doing is appro- ert Smiley, Junior, lost his dad. (Mr. BROWN) is recognized during morn- priate. They are maximizing their prof- My dad joined the Marines in the ing hour debates for 5 minutes. its. That is their job. Second World War. Robert Smiley,

VerDate 29-OCT-99 01:18 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.002 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11149 Senior, volunteered for the Navy. have created us as one people and To the Congress of the United States: Later, my father helped develop the breathed into our hearts the very es- Section 202(d) of the National Emer- method of dropping the atomic bomb sence of life, we celebrate our common gencies Act (50 U.S.C. 1622(d)) provides from a fighter bomber that helped calling to be people of faith and hope for the automatic termination of a na- change the formula during the Cold and love and to express that faith in tional emergency unless, prior to the War, and helped preserve the peace and those good works that strengthen the anniversary date of its declaration, the preserved America’s deterrence. Bob weak, provide food for the hungry, President publishes in the Federal Reg- Smiley was instrumental in the Polaris clothing to the needy and shelter to ister and transmits to the Congress a Submarine program, which also de- the homeless. While we appreciate our notice stating that the emergency is to terred war with the Soviet Union. own traditions and heritage, we pray, O continue in effect beyond the anniver- Their technological know-how helped God, that we would be better stewards sary date. In accordance with this pro- deter war with the Soviet Union until of the great gifts that we share to- vision, I have sent the enclosed notice, communism collapsed under its own gether. Unite us, strengthen us and stating that the Sudanese emergency is weight, under the weight of its own keep us all in Your grace, now and ev- to continue in effect beyond November contradictions and evil. ermore. Amen. 3, 1999, to the Federal Register for publi- America is losing one thousand of f cation. these veterans from World War II from the Saving Private Ryan generation THE JOURNAL The crisis between the United States every day. They escorted us to the The SPEAKER pro tempore. The and Sudan that led to the declaration doorway of a new millennium. As we Chair has examined the Journal of the on November 3, 1997, of a national enter this new era, which will have un- last day’s proceedings and announces emergency has not been resolved. The imaginable opportunity and prosperity to the House his approval thereof. Government of Sudan continues to sup- and peace and freedom, let us remem- Pursuant to clause 1, rule I, the Jour- port international terrorism and ef- ber the Robert Smileys and the Don nal stands approved. forts to destabilize neighboring governments, and engage in human rights vio- Rohrabachers and the men and women f of their generation for the magnificent lations, including the denial of reli- PLEDGE OF ALLEGIANCE gift that they have left us. gious freedom. Such Sudanese actions Ours would be a far darker and more The SPEAKER pro tempore. Will the pose a continuing unusual and extraor- frightening world if it was not for gentleman from Guam (Mr. UNDER- dinary threat to the national security them, if it was not for their service and WOOD) come forward and lead the House and foreign policy of the United States. their courage. In the history of Amer- in the Pledge of Allegiance. For these reasons, I have determined ica, few generations have carried such Mr. UNDERWOOD led the Pledge of that it is necessary to maintain in a heavy burden for as long as they did, Allegiance as follows: force the broad authorities necessary or confronted more monumental chal- I pledge allegiance to the Flag of the to apply economic pressure on the Gov- lenges, or gave so much. United States of America, and to the Repub- ernment of Sudan. lic for which it stands, one nation under God, WILLIAM J. CLINTON. b 1245 indivisible, with liberty and justice for all. THE WHITE HOUSE, October 29, 1999. Those truly were great Americans. f So let us salute this generation as it f COMMUNICATION FROM THE marches on. Let us keep faith with CLERK OF THE HOUSE them by insisting that America remain COMMUNICATION FROM THE CHIEF true to its ideals of liberty, justice, and The Speaker pro tempore laid before the House the following communica- ADMINISTRATIVE OFFICER OF democracy. Our greatest tribute to THE HOUSE those who saved the world from the tion from the Clerk of the House of Natzis and from the Japanese mili- Representatives: The SPEAKER pro tempore laid be- tarists is to keep America the beacon OFFICE OF THE CLERK, fore the House the following commu- of hope for the oppressed, to make sure HOUSE OF REPRESENTATIVES, nication from James M. Eagen III, that Old Glory keeps waiving proud Washington, DC, October 29, 1999. Chief Administrative Officer of the and strong over the land of the free and Hon. J. DENNIS HASTERT, House of Representatives: The Speaker, House of Representatives, the home of the brave. Washington, DC. OFFICE OF THE CHIEF ADMINISTRA- f DEAR MR. SPEAKER: Pursuant to the per- TIVE OFFICER, HOUSE OF REP- mission granted in Clause 2(h) of Rule II of RESENTATIVES, RECESS the Rules of the U.S. House of Representa- Washington, DC, October 27, 1999. The SPEAKER pro tempore (Mr. tives, I have the honor to transmit a sealed Hon. J. DENNIS HASTERT, envelope received from the White House on Speaker, House of Representatives, THORNBERRY). Pursuant to clause 12 of Washington, DC 20515. rule I, the Chair declares the House in October 29, 1999 at 11:30 a.m. and said to contain a message from the President whereby recess until 2 p.m. DEAR MR. SPEAKER: This is to formally no- he transmits to the Congress an attached notify you pursuant to Rule VIII of the Rules Accordingly (at 12 o’clock and 45 tice on the continuation of the Sudanese of the House that I have received a subpoena minutes p.m.), the House stood in re- emergency. for documents issued by the United States cess until 2 p.m. With best wishes, I am District Court for the District of Columbia. f Sincerely, After consultation with the Office of Gen- JEFF TRANDAHL, b eral Counsel, I will make the determinations 1400 Clerk. required by Rule VIII. AFTER RECESS f Sincerely, JAMES M. EAGEN III, The recess having expired, the House CONTINUATION OF NATIONAL Chief Administrative Officer. was called to order by the Speaker pro EMERGENCY WITH RESPECT TO tempore (Mr. PETRI) at 2 p.m. SUDAN—MESSAGE FROM THE f f PRESIDENT OF THE UNITED STATES (H. DOC. NO. 106–151) PRAYER COMMUNICATION FROM STAFF The SPEAKER pro tempore laid be- MEMBER OF CHIEF ADMINISTRA- The Chaplain, the Reverend James fore the House the following message TIVE OFFICER OF THE HOUSE David Ford, D.D., offered the following from the President of the United prayer: States; which was read and, together The SPEAKER pro tempore laid be- With gratitude and praise, we are with the accompanying papers, without fore the House the following commu- thankful that people of faith can more objection, referred to the Committee nication from John M. Allen, Director completely understand and respect on International Relations and ordered of the Office of Communications Media each other. O gracious God, as You to be printed: of the House of Representatives:

VerDate 29-OCT-99 02:14 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.005 pfrm12 PsN: H01PT1 H11150 CONGRESSIONAL RECORD — HOUSE November 1, 1999 OFFICE OF THE CHIEF ADMINISTRA- Beam me up, Mr. Speaker. These cer- Mr. Speaker, it is time for seniors to TIVE OFFICER, HOUSE OF REP- ebral constipators have already given stop counting holidays and to start RESENTATIVES, away the farm. Now they are starting counting on the money that should be Washington, DC, October 26, 1999. to play with our freedom. set aside for their retirement needs. Hon. J. DENNIS HASTERT, Speaker, House of Representatives, I yield back the fact that we built f Washington, DC 20515. the Panama Canal and China now runs it. ANNOUNCEMENT BY THE SPEAKER DEAR MR. SPEAKER: This is to formally no- PRO TEMPORE tify you pursuant to Rule VIII of the Rules f of the House that the Custodian of Records, The SPEAKER pro tempore. Pursu- House Recording Studio has received a sub- REPUBLICAN CONGRESS WORKING ant to clause 8 of rule XX, the Chair poena for documents issued by the United TO PROTECT SOCIAL SECURITY announces that he will postpone fur- States District Court for the District of Co- (Mr. BARTLETT of Maryland asked ther proceedings today on each motion lumbia. and was given permission to address to suspend the rules on which a re- After consultation with the Office of Gen- corded vote or the yeas and nays are eral Counsel, I will make the determinations the House for 1 minute and to revise required by Rule VIII. and extend his remarks.) ordered, or on which the vote is ob- Sincerely, Mr. BARTLETT of Maryland. Mr. jected to under clause 6 of rule XX. JOHN M. ALLEN, Speaker, for 30 years Washington big Any recorded votes on postponed Director, Office of Communications Media. spenders have raided the Social Secu- questions will be taken after debate f rity trust fund. They have put big gov- has concluded on all motions to sus- ernment programs ahead of retirement pend the rules, but not before 6 p.m. FIGHTING CRIME IN AMERICA security for hardworking Americans. today. (Mr. GIBBONS asked and was given The Republican Congress has f permission to address the House for 1 changed that. We put the Social Secu- FEMA AND CIVIL DEFENSE minute and to revise and extend his re- rity surplus in a lockbox and we are MONUMENT ACT marks.) not spending a dime of it. But the Dem- Mr. GIBBONS. Mr. Speaker, yester- ocrat leadership just does not think Mr. HANSEN. Mr. Speaker, I move to day’s edition of the Las Vegas Sun con- this is a good idea. They think we suspend the rules and pass the bill tained a story detailing disturbing in- should wait and see if we can find any (H.R. 348) to authorize the construction creases in gang violence and gang money in the budget before we meet of a monument to honor those who membership in the Las Vegas metro- our commitment to our Nation’s work- have served the Nation’s civil defense politan area. Although gang violence is ers and retirees. and emergency management programs. not unique to Las Vegas, violent crime That approach just does not cut it. The Clerk read as follows: is a problem that plagues most commu- The money is already there. So we Re- H.R. 348 nities across this Nation. publicans are asking each Federal Be it enacted by the Senate and House of Rep- As we continue to debate the appro- agency to trim waste, fraud and abuse. resentatives of the United States of America in priations bill for the Commerce, State, We will take one penny from each dol- Congress assembled, and Justice Departments, my hope is lar in their budgets and let them decide SECTION 1. AUTHORITY. that we can all unite together to pass (a) GRANT OF AUTHORITY.—The United how to get by without it. In other States National Civil Defense Monument legislation that will improve the Fed- words, we will not cut a single pro- Commission (in this Act referred to as the eral response to combating violence in gram. Instead, we look to the bureauc- ‘‘Commission’’), a private nonprofit organi- America. It is obvious to most Ameri- racy to cut down on waste, fraud and zation organized under the laws of the State cans that putting more police on the abuse so we can strengthen retirement of Pennsylvania, is authorized to construct a street is just a beginning. We must en- security for American workers. Monument to honor those who have served courage all segments of society to f the Nation’s civil defense and emergency work together in implementing effec- management programs. (b) EXPIRATION.—The authority granted by tive crime fighting strategies. LOCKBOX LEGISLATION HELD HOSTAGE this section shall expire 7 years after the Additionally, we need to remove the date of the enactment of this Act, unless be- bureaucratic red tape which discour- (Mr. HERGER asked and was given fore the expiration of such 7-year period— ages local law enforcement agencies permission to address the House for 1 (1) the approvals required by sections 2(a) from seeking Federal funding for their minute and to revise and extend his re- and (b) have been obtained; and crime fighting programs. marks.) (2) the construction of the Monument has I look forward to supporting an ap- Mr. HERGER. Mr. Speaker, yester- begun. propriations plan which will give State day was Halloween, another landmark SEC. 2. SITE AND DESIGN. and local governments more control along the trail of days since the House (a) SITE.—Subject to the approval of the passed my Social Security lockbox pro- Director of the Federal Emergency Manage- over how to best combat crime in their ment Agency, the Commission may select individual communities. We can win tection bill. Since we passed this im- the site upon which the Monument will be the battle against crime but we need to portant bill on May 26, we have cele- constructed. Such site shall be on Federal provide our communities with the brated Memorial Day, the Fourth of land controlled by the Federal Emergency power to fight crime. July, Labor Day, Columbus Day and Management Agency at Emmitsburg, Mary- f now Halloween. Veterans Day is only land. 10 days from now and Thanksgiving, (b) DESIGN.—Subject to the approval of the CHINESE RELATIONS Hanukkah and Christmas are just Director of the Federal Emergency Manage- ment Agency, the Commission may develop (Mr. TRAFICANT asked and was around the corner. And all this time the design of the Monument. given permission to address the House what has happened to the Social Secu- SEC. 3. CONSTRUCTION COSTS. for 1 minute and to revise and extend rity lockbox in the other body? Abso- The costs of constructing the Monument his remarks.) lutely nothing. On six separate occa- shall be paid out of contributions to the Mr. TRAFICANT. Mr. Speaker, re- sions, Democrats in the other body Commission. ports say the White House will support have voted to keep this vital bill from The SPEAKER pro tempore. Pursu- China over Taiwan, thus communism coming to the Senate floor for a vote. ant to the rule, the gentleman from over democracy. Unbelievable. The re- Despite the stall on the lockbox bill, Utah (Mr. HANSEN) and the gentleman ports say the White House will put we will be successful this year in pro- from Guam (Mr. UNDERWOOD) each will tough conditions on it. Like what, Mr. tecting Social Security and Medicare control 20 minutes. Speaker? A waiting period on Chinese funds from the congressional big spend- The Chair recognizes the gentleman missile launches? A promise that China ers. Stopping the raid was not easy. It from Utah (Mr. HANSEN). will not sell any of their stolen tech- will be a tough fight for years into the Mr. HANSEN. Mr. Speaker, I yield nology at missile shows? How about future unless the fight is made easier myself such time as I may consume. trigger locks on all those Chinese mis- with the passage of the Social Security I rise in support of H.R. 348, intro- siles? lockbox bill. duced by the gentleman from Maryland

VerDate 29-OCT-99 01:18 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.009 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11151

(Mr. BARTLETT). The gentleman from support this legislation. I urge my col- (Mr. HANSEN) that the House suspend Maryland worked hard on this bill leagues to support H.R. 348. the rules and pass the bill, H.R. 348. which would help recognize those peo- Mr. Speaker, I reserve the balance of The question was taken. ple who have served in this country’s my time. Mr. HANSEN. Mr. Speaker, on that I civil defense. Specifically, H.R. 348 Mr. HANSEN. Mr. Speaker, I yield 5 demand the yeas and nays. would authorize the United States minutes to the gentleman from Mary- The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Civil Defense Monument Commission land (Mr. BARTLETT), the author of this to construct a monument to honor legislation. ant to clause 8 of rule XX and the those who have served in the Nation’s Mr. BARTLETT of Maryland. Mr. Chair’s prior announcement, further proceedings on this motion will be civil defense and emergency manage- Speaker, I rise today as the original postponed. ment programs. This monument will be sponsor of H.R. 348, the National Civil constructed on Federal land located in Defense/Emergency Management Act f Emmitsburg, Maryland and adminis- of 1999. This is a straightforward, non- LEWIS AND CLARK NATIONAL HIS- tered by the Federal Emergency Man- partisan piece of legislation which will TORIC TRAIL LAND CONVEYANCE agement Agency. The site and design of authorize the placement of a monu- ACT this monument will be subject to the ment to honor those individuals, paid Mr. HANSEN. Mr. Speaker, I move to approval of the Director of FEMA. All and volunteers alike, who have served suspend the rules and pass the bill of the costs for the construction of the our Nation in our most trying times, (H.R. 2737) to authorize the Secretary monument will be paid by the Commis- when disaster strikes. of the Interior to convey to the State sion. Mr. Speaker, as we speak, FEMA em- of Illinois certain Federal land associ- Mr. Speaker, this bill has bipartisan ployees and volunteers are working ated with the Lewis and Clark National support. I urge my colleagues to sup- around the clock to help the victims of Historic Trail to be used as an historic port H.R. 348. Hurricane Floyd recover from wide- and interpretive site along the trail, as Mr. Speaker, I reserve the balance of spread wind damage, beach erosion, amended. my time. and, most notably, flooding. FEMA The Clerk read as follows: Mr. UNDERWOOD. Mr. Speaker, I teams are working tirelessly to deliver H.R. 2737 yield myself such time as I may con- food, shelter, clothing and medical as- Be it enacted by the Senate and House of Rep- sume. sistance to thousands of families up resentatives of the United States of America in (Mr. UNDERWOOD asked and was and down the East Coast. While this is Congress assembled, given permission to revise and extend the most recent disaster to strike the SECTION 1. LAND CONVEYANCE, LEWIS AND his remarks.) U.S., it surely will not be the last. It is CLARK NATIONAL HISTORIC TRAIL, Mr. UNDERWOOD. Mr. Speaker, the ILLINOIS. our hope that this monument will be a (a) CONVEYANCE AUTHORIZED.—The Sec- legislation, H.R. 348, introduced by the permanent reminder to those who come retary of the Interior may convey, without gentleman from Maryland (Mr. BART- to our rescue that we appreciate their consideration, to the State of Illinois all LETT) authorizes a private, not-for- service and dedication to duty. right, title, and interest of the United States profit entity, the United States Na- The monument itself is a gift from in and to a parcel of federally owned land tional Civil Defense Monument Com- the private, nonprofit National Civil under the jurisdiction of the Secretary con- mission, to construct a monument hon- sisting of approximately 39 acres located in Defense Monument Commission. I the north half of section 16, township 4 oring those who have served in our Na- would like to commend the members of north, range 9 west, Third Principal Merid- tion’s civil defense and emergency this commission, especially their ian, Madison County, Illinois, within the cor- management programs. Mr. Speaker, Chairman, Alex Atzert, for their efforts ridor of the Lewis and Clark National His- the civil servants this monument to raise the necessary funds for this toric Trail. would honor are often overlooked until monument, which comes at no cost to (b) SURVEY; CONVEYANCE COSTS.—The exact disasters such as Hurricanes Floyd and acreage and legal description of the land to taxpayers. be conveyed under subsection (a) shall be de- Dennis remind us all of the important Mr. Speaker, as set forth in this leg- termined by a survey satisfactory to the Sec- role played by these dedicated people. islation, the design and site selection retary. The cost of the survey and all other A monument providing a more lasting of the monument must be approved by costs incurred by the Secretary to convey recognition is clearly appropriate. the FEMA Director, currently James the land shall be borne by the State of Illi- It is important to note that this Witt, who has given this monument his nois. (c) CONDITIONS OF CONVEYANCE.— monument would be funded through blessing. I am proud to say that the (1) USE OF CONVEYED LAND.—The convey- contributions to the Commission and monument will be placed on the built on land owned by the Federal ance authorized under subsection (a) shall be grounds of the FEMA training facility subject to the condition that the State of Il- Emergency Management Agency in in Emmitsburg, Maryland, in the Sixth linois, acting through the Illinois Historic Emmitsburg, Maryland. The Commis- Congressional District which I have the Preservation Agency, use the conveyed land sion, subject to the approval of the Di- honor to represent. as an historic site and interpretive center for rector of FEMA, would be authorized Mr. Speaker, by passing H.R. 348, we the Lewis and Clark National Historic Trail. to select the exact location and design can demonstrate our appreciation for (2) PLAN FOR DEVELOPMENT AND OPERATION of the monument. OF SITE.—The conveyance authorized under those who have served our country at subsection (a) shall be subject to the further As a general matter, we should con- FEMA and Civil Defense. sider each new proposal to construct a condition that the Governor of the State of b 1415 Illinois develop, within two years after the monument on Federal land very care- date of the conveyance, a plan for the devel- fully, given the limited space available This small token of appreciation will opment and operation of the historic site and for further such constructions in areas help ensure that future generations interpretive center proposed for the con- such as the National Mall. In this case, recognize the hard work and dedication veyed land. In developing the plan, the Gov- however, the site of the FEMA Center of former employees and volunteers ernor shall provide an opportunity for review in Maryland seems appropriate and the who look favorably on this worthy en- and comment by the Secretary and the pub- involvement of the FEMA director in deavor. lic. (d) DISCONTINUANCE OF USE.—If the State of approving the exact site and design Mr. Speaker, I urge passage of H.R. Illinois determines to discontinue use of the will ensure that this proposed monu- 348, and I yield back the balance of my land conveyed under subsection (a) as an his- ment provides the men and women who time. toric site and interpretive center for the have served in our national civil de- Mr. UNDERWOOD. Mr. Speaker, I Lewis and Clark National Historic Trail, the fense and emergency management pro- yield back the balance of my time. State of Illinois shall convey the lands back grams the recognition they well de- Mr. HANSEN. Mr. Speaker, I have no to the Secretary without consideration. serve. further speakers on this issue, and I (e) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional I would like to add that those of us yield back the balance of my time. terms and conditions in connection with the who come from areas like Guam which The SPEAKER pro tempore (Mr. conveyance under subsection (a) as the Sec- experience natural disasters on a reg- PETRI). The question is on the motion retary considers appropriate to protect the ular basis would also enthusiastically offered by the gentleman from Utah interests of the United States.

VerDate 29-OCT-99 01:18 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.013 pfrm12 PsN: H01PT1 H11152 CONGRESSIONAL RECORD — HOUSE November 1, 1999 (f) AUTHORIZATION OF APPROPRIATIONS.— Importantly, the legislation makes the Lewis and Clark story I encourage all There is authorized to be appropriated such the conveyance conditional on the Americans wishing to retrace the steps of the sums as are necessary to carry out this sec- completion of a survey and requires explorers or to learn more about the impor- tion. that, should the State ever discontinue tance of the expedition to our nation, to visit The SPEAKER pro tempore. Pursu- use of the site for historic and interpre- the Falls of the Ohio and surrounding area. ant to the rule, the gentleman from tive purposes, the land must be re- I am pleased that Congress is taking the ini- Utah (Mr. HANSEN) and the gentleman turned to the Federal Government. tiative to promote and support the commemo- from Guam (Mr. UNDERWOOD) each will During committee consideration of this ration of such a remarkable piece of our control 20 minutes. measure, our amendment requiring the American history. That is why I support H.R. The Chair recognizes the gentleman governor of the State of Illinois to de- 2737. from Utah (Mr. HANSEN). vise a specific plan for the development Mr. UNDERWOOD. Mr. Speaker, I Mr. HANSEN. Mr. Speaker, I yield and operation of this interpretive cen- yield back the balance of my time. myself such time as I may consume. ter was adopted. Mr. HANSEN. Mr. Speaker, I have no Mr. Speaker, I rise in support of H.R. The legislation now specifies that further speakers on this legislation, 2737, as amended. both the Secretary of the Interior as and I yield back the balance of my Numerous events will take place well as the general public shall have an time. across the country in the next few opportunity to review and comment The SPEAKER pro tempore. The years celebrating the exploration of upon this plan. With this added level of question is on the motion offered by the western United States by the Lewis oversight and public input, we urge our the gentleman from Utah (Mr. HANSEN) and Clark expedition. This expedition colleagues to support this bill, as that the House suspend the rules and effectively opened up new territories to amended; and we congratulate our pass the bill, H.R. 2737, as amended. be settled and used by the fledgling friend and colleague, the gentleman The question was taken. United States and led to the discov- from Illinois (Mr. COSTELLO), on this Mr. HANSEN. Mr. Speaker, on that I eries of many new peoples, plants and important legislation for the history of demand the yeas and nays. animals and resources. the Nation. The yeas and nays were ordered. H.R. 2737, introduced by the gen- Mr. HILL of Indiana. Mr. Speaker, I rise to The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the tleman from Illinois (Mr. COSTELLO) offer my support for H.R. 2737, a bill that au- will authorize the Secretary of the In- thorizes the National Park Service to convey Chair’s prior announcement, further terior to convey a parcel of land to the 39 acres of land to the State of Illinois for an proceedings on this motion will be State of Illinois, who will showcase the interpretive center to be constructed along the postponed. beginning of the Lewis and Clark expe- Lewis and Clark National Historic Trail. f dition from this spot which began in I look forward to working with my colleagues GENERAL LEAVE in the House of Representatives on other 1803. The land is currently owned by Mr. HANSEN. Mr. Speaker, I ask projects commemorating the bicentennial of the National Park Service and the con- unanimous consent that all Members veyance authorized by this legislation the Lewis and Clark expedition. However, I feel that I must, as I have done in the past, may have 5 legislative days within shall be made without consideration to which to revise and extend their re- the Federal Government. The parcel of set the record straight on where the Lewis and Clark expedition began. marks on the last two bills, H.R. 348 land consists of approximately 39 acres and H.R. 2737, as amended. on the banks of the Mississippi River in Mr. Speaker, contrary to some of the statements made by my colleagues on the floor The SPEAKER pro tempore. Is there Madison County, Illinois. If the land objection to the request of the gen- conveyance to Illinois is not used for a this afternoon, the expedition of these historic partners began at the Falls of the Ohio, near tleman from Utah? historical and interpretive center, then There was no objection. the land shall be conveyed back to the Clarksville in southern Indiana. On September 1, 1803, Meriwether Lewis f Secretary without consideration. began his journey down the Ohio River toward Mr. Speaker, this bill has wide sup- DUGGER MOUNTAIN WILDERNESS Clarksville, Indiana, where he eventually met port, and I urge my colleagues to sup- ACT OF 1999 his partner on the expedition, William Clark. port H.R. 2737, as amended. Mr. HANSEN. Mr. Speaker, I move to By October 14, Lewis had reached the Falls of Mr. Speaker, I reserve the balance of suspend the rules and pass the bill the Ohio, a series of dangerous rapids created my time. (H.R. 2632) to designate certain Federal by a drop in the river over a two-mile series Mr. UNDERWOOD. Mr. Speaker, I lands in the Talladega National Forest of limestone ledges. The following day, Lewis yield myself such time as I may con- in the State of Alabama as the Dugger and his crew safely crossed the falls on the sume. Mountain Wilderness. north side of the river. They then set out to (Mr. UNDERWOOD asked and was The Clerk read as follows: meet Clark, who was living in Clarksville with given permission to revise and extend H.R. 2632 his brother, Revolutionary War hero George his remarks.) Be it enacted by the Senate and House of Rep- Rogers Clark. resentatives of the United States of America in Mr. UNDERWOOD. Mr. Speaker, H.R. The noted historian, Stephen Ambrose, 2737 directs the Secretary of the Inte- Congress assembled, writes of Lewis and Clark's meeting in Clarks- SECTION 1. SHORT TITLE. rior to give a specific parcel of land to ville in his best-selling book, Undaunted Cour- the State of Illinois to be used as a his- This Act may be cited as the ‘‘Dugger age, ``When they shook hands, the Lewis and Mountain Wilderness Act of 1999’’. toric and interpretive center for the Clark Expedition began.'' During the two SEC. 2. DESIGNATION OF DUGGER MOUNTAIN Lewis and Clark trail, the 39-acre par- weeks following the meeting, Lewis and Clark WILDERNESS, ALABAMA. cel of land located at the confluence of recruited the first official members of the expe- (a) DESIGNATION.—In furtherance of the the Missouri and Mississippi Rivers dition, a group often referred to as the ``Corps purposes of the Wilderness Act (16 U.S.C. 1131 about 20 miles northeast of St. Louis. of Discovery.'' Men from across the region et seq.), certain Federal lands in the This area played a significant role in Talladega National Forest in the State of traveled to Clarksville hoping to be selected to Alabama, which comprise approximately the story of Lewis and Clark, as it is join the expedition. Lewis and Clark chose the area where the explorers camped 9,200 acres, as generally depicted on a map nine men in Clarksville to join them on the entitled ‘‘Proposed Dugger Mountain Wilder- before beginning their journey. journey, and as Ambrose notes in Undaunted ness’’ and dated July 2, 1999, are hereby des- In addition, many of the members of Courage, there ``the Corps of Discovery was ignated as wilderness and, therefore, as a this historic corps were recruited from born.'' component of the National Wilderness Pres- the surrounding area. As the 200th an- The crew departed on October 26, 1803, ervation System, and shall be known as the niversary of the expedition approaches, thus marking Clarksville, Indiana as the actual Dugger Mountain Wilderness. a variety of activities commemorating point of origin for the Lewis and Clark Expedi- (b) MAP AND DESCRIPTION.—As soon as this amazing achievement will take practicable after the date of the enactment tion. From there, the Explorers' remarkable of this Act, the Secretary of Agriculture place across the country, and it is cer- adventures spanned over 8,000 miles of un- shall submit to Congress a map and a bound- tainly fitting that Lewis and Clark’s known land. ary description of the area designated as wil- launching point will host a new his- No bicentennial celebration would be com- derness by this section. The map and descrip- toric and interpretive center. plete without noting southern Indiana's part in tion shall have the same force and effect as

VerDate 29-OCT-99 02:01 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.002 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11153 if included in this Act, except that the Sec- National Recreation Trail. It has been ism in Alabama, and again, when one retary may correct clerical and typo- recommended for wilderness studies has the opportunity to do something graphical errors in the map and description. since 1986. that not only is going to bolster the A copy of the map and description shall be This year marks the 35th anniversary economy of the State and of this local on file and available for public inspection in the Office of the Chief of the Forest Service of the passage of the Wilderness Act. area and at the same time allow us to and in the office of the Supervisor of Na- Congress is adding more acres to the preserve something that is very, very tional Forest System lands in Alabama. national wilderness preservation sys- unique in Alabama, we think that this (c) MANAGEMENT.—Subject to valid exist- tem. Even relatively small amounts of is a win, win, win situation not only for ing rights, lands designated as wilderness by acreage has become an all too infre- the Federal Government, not only for this section shall be managed by the Sec- quent event in recent years. Wilderness this country, not only for Alabama, not retary of Agriculture in accordance with the bills like H.R. 2632, introduced by our only for the people of Calhoun County, provisions of the Wilderness Act governing friend and colleague, the gentleman but we think that it is something that areas designated by that Act as wilderness, will benefit our children for genera- except that, with respect to the wilderness from Alabama (Mr. RILEY), deserve our area designated by this section, any ref- support, and I urge my colleagues to tions to come. erence in the Wilderness Act to the effective pass it. So I would like to thank the gen- date of the Wilderness Act shall be deemed Mr. Speaker, I reserve the balance of tleman from Utah. I thank the com- to be a reference to the date of the enact- my time. mittee for the way that they have ment of this Act. Mr. HANSEN. Mr. Speaker, I yield moved this process through, and I (d) TREATMENT OF DUGGER MOUNTAIN FIRE such time as he may consume to the would ask all of the Members to kindly TOWER.—The Forest Service shall have two gentleman from Alabama (Mr. RILEY), support this bill. years, beginning on the date of the enact- the author of this legislation. Mr. UNDERWOOD. Mr. Speaker, I ment of this Act, in which to use ground- Mr. RILEY. Mr. Speaker, we do have have no requests for time, and I yield based mechanical and motorized equipment back the balance of my time. to disassemble and remove from the wilder- a unique opportunity today to des- ness area designated by this section the ignate the Dugger Mountain Wilder- Mr. HANSEN. Mr. Speaker, I yield Dugger Mountain fire tower, which has been ness Area as a wilderness area that we back the balance of my time. scheduled for removal by the Forest Service, can keep in perpetuity for our children The SPEAKER pro tempore. The and any supporting structures. The road to and our grandchildren to enjoy. question is on the motion offered by the fire tower shall be open to motorized ve- Mr. Speaker, this last weekend I had the gentleman from Utah (Mr. HANSEN) hicles during this period only for the purpose a unique opportunity to take my that the House suspend the rules and of removing the tower and supporting struc- grandchildren out and go on a hike in pass the bill, H.R. 2632. tures, after which time the road shall be per- The question was taken; and (two- manently closed to motorized use. The For- the woods and do some things that I do not get to spend as much time with thirds having voted in favor thereof) est Service shall follow the provisions of the the rules were suspended and the bill National Historic Preservation Act (16 U.S.C. them as I wished I could, but one of the 470 et seq.) in the determination and execu- things that I noticed, especially com- was passed. tion of the removal of the tower and sup- ing from this area, is how unique A motion to reconsider was laid on porting structures. Dugger Mountain is. It is not only the the table. The SPEAKER pro tempore. Pursu- second highest peak in Alabama, but it f ant to the rule, the gentleman from is a section of land, 9,200 acres, that we CENTRAL UTAH PROJECT Utah (Mr. HANSEN) and the gentleman have tried to make a wilderness area COMPLETION ACT AMENDMENTS from Guam (Mr. UNDERWOOD) each will since 1986. Mr. HANSEN. Mr. Speaker, I move to control 20 minutes. Two of my predecessors, Congress- suspend the rules and pass the bill The Chair recognizes the gentleman man BILL NICKLES, who served here for (H.R. 2889) to amend the Central Utah from Utah (Mr. HANSEN). over 20 years, first introduced this Project Completion Act to provide for Mr. HANSEN. Mr. Speaker, I yield piece of legislation, and later Congress- acquisition of water and water rights myself such time as I may consume. man Glen Browder introduced the leg- for Central Utah project purposes, com- Mr. Speaker, H.R. 2623 was intro- islation. It is not very often that we pletion of Central Utah project facili- duced on July 29, 1999, by the gen- have a piece of legislation that comes ties, and implementation of water con- tleman from Alabama (Mr. RILEY). that we have unanimous support for. In servation measures. This legislation would designate cer- Alabama all of the local communities The Clerk read as follows: tain Federal lands in the Talladega Na- have signed proclamations endorsing H.R. 2889 tional Forest in the State of Alabama this. We have over 300 landowners Be it enacted by the Senate and House of Rep- as the Dugger Mountain Wilderness. throughout the area that have sup- resentatives of the United States of America in On August 3, 1999, the Forest Service ported this. Even the Alabama For- Congress assembled, testified in support of H.R. 2632 during estry Association has not opposed des- SECTION 1. AMENDMENT OF CENTRAL UTAH a subcommittee hearing. On October ignating this wilderness area. PROJECT COMPLETION ACT. 20, 1999, Mr. Speaker, the full Com- I know there is a lot of talk today The first sentence of section 202(c) of the mittee on Resources ordered the bill fa- about wilderness areas and how they Central Utah Project Completion Act (Public vorably reported by a voice vote. are becoming more prevalent, but this Law 102–575; 106 Stat. 4611) is amended to read as follows: ‘‘The Secretary is authorized This is a good piece of legislation. is a unique piece of property. Because to utilize any unexpended budget authority The gentleman from Alabama has of its mountainous terrain, the ability provided in this title up to $60,000,000 and worked diligently on this, and I urge to harvest logs off of it or harvest tim- such funds as may be provided by the Com- my colleagues to support this legisla- ber off of this piece of property is non- mission for fish and wildlife purposes, to pro- tion. existent, so the Alabama Forestry vide 65 percent Federal share pursuant to Mr. Speaker, I reserve the balance of Service for the last 25 or 30 years have section 204, to acquire water and water my time. already managed this as a wilderness rights for project purposes including Mr. UNDERWOOD. Mr. Speaker, I area. instream flows, to complete project facilities authorized in this title and title III, to im- yield myself such time as I may con- It is also unique in that it lies half- plement water conservation measures, and sume. way between Birmingham and Atlanta, for the engineering, design, and construction (Mr. UNDERWOOD asked and was and one of the things that we are try- of Hatchtown Dam in Garfield County and given permission to revise and extend ing to do in Alabama is to promote eco- associated facilities to deliver supplemental his remarks.) tourism. When one has a million and a project water from Hatchtown Dam.’’. Mr. UNDERWOOD. Mr. Speaker, H.R. half to 2 million people in Atlanta, ap- The SPEAKER pro tempore. Pursu- 2632 would designate approximately proximately a million people in Bir- ant to the rule, the gentleman from 9,200 acres of land in Alabama’s mingham, this lies halfway between Utah (Mr. HANSEN) and the gentleman Talladega National Forest. Dugger the two, it is an opportunity for our from Guam (Mr. UNDERWOOD) each will Mountain, with an elevation of 2,140 area to showcase the real beauty of control 20 minutes. feet, is the second highest peak in Ala- Alabama. We think that it is going to The Chair recognizes the gentleman bama and includes the popular Pinhoti be an extra special benefit to our tour- from Utah (Mr. HANSEN).

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.003 pfrm12 PsN: H01PT1 H11154 CONGRESSIONAL RECORD — HOUSE November 1, 1999 Mr. HANSEN. Mr. Speaker, I yield administration, and, therefore, we do wasteful, should be stopped, and is contrary myself such time as I may consume. not expect opposition from the White to United States fisheries conservation and H.R. 2889 would amend the Central House. Companion legislation has been management policies; Whereas shark finning is prohibited in the Utah Project to authorize the Sec- introduced by Senator BENNETT and United States exclusive economic zone of the retary of Interior to use up to $60 mil- consideration by the other body is ex- Atlantic Ocean, the Gulf of Mexico, and the lion in unexpended budget authority to pected soon. Caribbean; acquire water and water rights, com- Mr. Speaker, I urge my colleagues to Whereas the practice of shark finning in plete project facilities, and implement support H.R. 2889. the waters of the United States in the Pa- water conservation measures within Mr. HANSEN. Mr. Speaker, I have no cific Ocean is inconsistent with the Magnu- the CUP. Since the 1992 enactment of further requests for time, and I yield son-Stevens Fishery Conservation and Man- the CUP Completion Act, issues regard- back the balance of my time. agement Act, the Federal Fishery Manage- The SPEAKER pro tempore. The ment Plan for Atlantic Tunas, Swordfish, ing endangered species, water con- and Sharks, and the shark finning prohibi- servation and minimum flows in the question is on the motion offered by tions that apply in State waters in the At- lower Provo River have arisen that the gentleman from Utah (Mr. HANSEN) lantic Ocean and Pacific Ocean; need to be adequately addressed and that the House suspend the rules and Whereas the United States is a global lead- funded. During completion of the CUP, pass the bill, H.R. 2889. er in shark management, and the practice of changes in modifications to project The question was taken; and (two- shark finning in the waters of the United features resulted in excess funds in thirds having voted in favor thereof) States in the Pacific Ocean is inconsistent the rules were suspended and the bill with United States international obliga- some accounts and shortages in others. tions, including the Code of Conduct for Re- was passed. b 2030 sponsible Fishing of the Food and Agri- A motion to reconsider was laid on culture Organization of the United Nations, This requires this amendment to the table. the International Plan of Action for Sharks complete this project. f of such organization, and the United Na- Mr. Speaker, I reserve the balance of tion’s Agreement on Straddling Stocks and my time. GENERAL LEAVE Highly Migratory Species; and Mr. UNDERWOOD. Mr. Speaker, I Mr. HANSEN. Mr. Speaker, I ask Whereas establishment of a prohibition on yield myself such time as I may con- unanimous consent that all Members the practice of shark finning in the Central sume. may have 5 legislative days within Pacific Ocean and Western Pacific Ocean (Mr. UNDERWOOD asked and was which to revise and extend their re- would result in the immediate reduction of waste and could reduce shark mortality by given permission to revise and extend marks and include extraneous material as much as 85 percent: Now, therefore, be it his remarks.) on H.R. 2632 and H.R. 2889. Resolved by the House of Representatives (the Mr. UNDERWOOD. Mr. Speaker, H.R. The SPEAKER pro tempore. Is there Senate concurring), That it is the sense of the 2889 would permit the use of savings objection to the request of the gen- Congress that— achieved in certain areas of the Central tleman from Utah? (1) the practice of removing the fins of a Utah Project to be spent on other There was no objection. shark and dumping its carcass back into the projects and programs where needed f ocean, commonly referred to as shark finning, is a wasteful and unsportsmanlike and without further Congressional ap- SENSE OF CONGRESS REGARDING practice that could lead to overfishing of proval. The administration supports SHARK FINNING shark resources; the bill and it is not considered con- (2) all Federal and State agencies and troversial. I urge my colleagues to sup- Mr. SAXTON. Mr. Speaker, I move to other management entities that have juris- port H.R. 2889. suspend the rules and agree to the con- diction over fisheries in waters of the United Mr. Speaker, I yield back the balance current resolution (H. Con. Res. 189) ex- States where the practice of shark finning is of my time. pressing the sense of the Congress re- not prohibited should promptly and perma- Mr. HANSEN. Mr. Speaker, I yield garding the wasteful and unsportsman- nently end that practice in those waters; and like practice known as shark finning, (3) the Secretary of State should continue such time as he may consume to the to strongly advocate for the coordinated gentleman from Utah (Mr. CANNON). as amended. The Clerk read as follows: management of sharks and the eventual Mr. CANNON. Mr. Speaker, first of elimination of shark finning in all other all, I would like to express my grati- H. CON. RES. 189 waters. tude to the gentleman from California Whereas shark finning is the practice of re- The SPEAKER pro tempore. Pursu- (Chairman DOOLITTLE), the gentleman moving the fins of a shark and dumping its ant to the rule, the gentleman from from Alaska (Chairman YOUNG) and the carcass back into the ocean; Whereas demand for shark fins is driving New Jersey (Mr. SAXTON) and the gen- House leadership for bringing this leg- dramatic increases in shark fishing and mor- tleman from Minnesota (Mr. VENTO) islation before the House. tality around the world; each will control 20 minutes. The Central Utah Project has allowed Whereas the life history characteristics of The Chair recognizes the gentleman for the development and delivery of sharks, including slow growth, late sexual from New Jersey (Mr. SAXTON). Utah’s water for decades. The Bureau maturity, and the production of few young, GENERAL LEAVE of Reclamation and the Central Utah make them particularly vulnerable to over- Mr. SAXTON. Mr. Speaker, I ask fishing and necessitate careful management Water Conservancy District have near- unanimous consent that all Members ly completed the planning of the of shark fisheries; Whereas shark finning is not prohibited in may have 5 legislative days within project components and water con- the waters of the Pacific Ocean in which which to revise and extend their reservation measures have surpassed ex- fisheries are managed by the Federal Gov- marks and include extraneous material pectations, while Federal dollars have ernment; on H. Con. Res. 189. been saved at various stages. Whereas according to the National Marine The SPEAKER pro tempore. Is there H.R. 2889 simply allows resources to Fisheries Service, the number of sharks objection to the request of the gen- be shifted from one project to the next killed in Central Pacific Ocean and Western tleman from New Jersey? as they are needed. This will ensure Pacific Ocean fisheries rose from 2,289 in 1991 There was no objection. that the remaining projects can be to 60,857 in 1998, an increase of over 2,500 percent, and continues to rise unabated; Mr. SAXTON. Mr. Speaker, I yield completed in a timely and cost effec- Whereas of the 60,857 sharks landed in Cen- myself such time as I may consume. tive manner. The legislation provides tral Pacific Ocean and Western Pacific Ocean Mr. Speaker, H. Con. Res. 189, au- no additional Federal dollars. It only fisheries in 1998, 98.7 percent, or 60,085, were thored by my friend the gentleman provides flexibility to transfer already killed for their fins; from California (Mr. CUNNINGHAM), ex- authorized dollars and resources as Whereas shark fins comprise only between presses the sense of Congress that the they are needed throughout the 1 percent and 5 percent of the weight of a practice of shark finning is wasteful project. shark, and shark finning results in the un- and unsportsmanlike. In addition, it conscionable waste of 95 percent to 99 per- H.R. 2889 does not increase Federal cent (by weight) of a valuable public re- calls on the Western Pacific Regional spending, nor does it increase any Fed- source; Fisheries Management Council, the Na- eral spending authority. H.R. 2889 in- Whereas the National Marine Fisheries tional Marine Fisheries Service and corporates the changes sought by the Service has stated that shark finning is the State Department to take action to

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.023 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11155 ban the practice in U.S. waters and to practice of shark finning and that the Atlantic Ocean but continues to work for a global ban on the practice. those management bodies that manage persist in the Pacific Ocean. 60,000 to The issue that we are talking about sharks should take action to prohibit 70,000 pacific sharks, and this number here, shark finning, may not be one it. has risen over the years to the point that is familiar to all Members. I would The Subcommittee on Fisheries Con- where in the last 5 years it has grown just like to say a word about what this servation, Wildlife and Oceans held a exponentially, but risen to the point is, because, as the gentleman from hearing on this resolution on October where nearly 70,000 animals are in fact California (Mr. CUNNINGHAM) so well 21, 1999, and heard testimony from a mistreated in this manner, which is points out in H. Con. Res. 189, it is a number of interested parties, including worth I guess a couple million dollars practice which I believe would be taste- the Western Pacific Regional Fish to those that are doing the shark fin- less, at best, and perhaps many other Management Council. While the coun- ning. But I think that the destruction things at worst. cil did take action at their last meet- of that type of resource screams for It is very simply this: Catching, ing to reduce the overall retention of some type of public policy action, and through the process that we generally sharks in the longline fisheries, they certainly this resolution is in step with refer to as long lining, sharks, in this took no action to reduce or eliminate that. I hope that it results in actions case in the western Pacific Ocean, the practice of shark finning. that correct this outrageous practice. bringing them alongside the boat and The full Committee on Resources I know the Western Fisheries Council removing with a knife their fins, and passed this resolution with an amend- had made a goal of reducing the num- then turning them loose to die. That is ment by voice vote on October 27 of ber to 50,000. Quite frankly, Mr. Speak- shark finning. this year. er, I think that type of change of pol- Members of this House will remem- I believe Congress should continue to icy path by itself is not enough, be- ber that in the last reauthorization of express our strong opposition to this cause I think it misses the point as to the Magnuson Fisheries Conservation practice and should pass this resolu- what is taking place here with the de- and Management Act, now known as tion. struction of these species. Some of the the Magnuson-Stevens Act, we added a Mr. Speaker, I reserve the balance of species are very common, like the blue new standard with the goal of reducing my time. shark, but there is indiscriminate bycatch; that is, catching fish other Mr. VENTO. Mr. Speaker, I yield my- treatment of these majestic fish and than the targeted species in a fishery. self such time as I may consume. the sharks that we have in the ocean In the meantime, shark finning has Mr. Speaker, I rise in strong support that are being treated in this way, and been discouraged and made illegal in of this resolution and I concur in the I think that the USA should be leading the Atlantic Ocean, in the Caribbean remarks of the subcommittee chair- in terms of making the policy changes and in the Gulf of Mexico, leaving only man. We had a good hearing and all in the Pacific regarding this deplorable the American waters in the Pacific points of view were presented. I want practice. Hopefully we could enlist Northwest in our country where shark to commend the gentleman from Cali- other nations to follow us in terms of finning is permitted. The Magnuson- fornia (Mr. CUNNINGHAM) for bringing ending this improper practice and ex- Stevens Act requires Fishery Manage- this matter to us in the form of a reso- ploitation of this valued fish species, ment Councils to develop fishery man- lution. the shark. I urge Members to support agement plans which are consistent I support this resolution. In fact, I this resolution. with national standards, and I believe would support a lot more, to not just Mr. Speaker, I support this resolution which that a national standard has been set provide a sense of Congress, but to in urges the Western Pacific Fishery Manage- by outlawing this practice in the At- fact act to prevent this outrageous ment Council, the National Marine Fisheries lantic, the Caribbean and the Gulf of type of activity that is taking place in Service, and the State of Hawaii to ban shark Mexico. our fisheries. finning in all Federal and State waters in the The new national standard requires What it amounts to, Mr. Speaker, as Pacific Ocean. Councils to develop fishery manage- the chairman pointed out, is a practice Finning is a wasteful practice that is already ment plans which minimize bycatch to of longlining and catching tuna and prohibited in U.S. waters in the Atlantic, the the extent practicable, and to the ex- other types of valuable economic spe- Gulf and the Carribean, in part, because it tent that bycatch cannot be reduced, cies of fish. At the same time there is leads to the overfishing of shark resources in the mortality of such bycatch should some bycatch or incidental catch of those areas. It is time for that prohibition to be in effect nationwide. be reduced. sharks. In addition, the U.S. has played a leadership The practice of shark finning appears The fact is that the economic value role in promoting shark conservation efforts not only to encourage the retention of total of the shark is and could be quite internationally. Our continued efforts in this bycatch, but also encourages the mor- significant, but the most valuable por- arena will be hampered if this wasteful prac- tality of the bycatch. In fact, information of it is, of course, the fins on that tice is allowed to continue in our own waters. tion from the National Marine Fish- shark, which are often used for gour- This resolution does not override the au- eries Service suggests that while in met recipe of shark fin soup. As we thorities of the Western Pacific Fishery Man- 1991 only 3 percent of the sharks were know, as its popularity has grown, this agement Council. It simply tells them that this retained, that is right, 3 percent of the particular practice of incidental by- Congress believes it is time for them to bring sharks were retained, by 1998 60 percent catch, of stripping the fins off of the this wasteful practice to an end, and I support of the sharks brought to the boat were sharks to be used for this purpose, is its passage. killed for their fins rather than being increasingly taking place. Mr. Speaker, I reserve the balance of released. The only portion of the shark I think, Mr. Speaker, it is ethically my time. that is retained are the fins, which ob- and morally wrong. I think many parts Mr. SAXTON. Mr. Speaker, I yield viously are kept for economic reasons. of the shark, including the skin, the such time as he may consume to the This is a wasteful practice and should liver for its oil and other qualities, and gentleman from California (Mr. not be allowed. In addition, it is incon- other materials that are present in the CUNNINGHAM), who brought this issue sistent with the rules governing the shark have some economic value. But to our attention and who told us inas- harvest of sharks on the East Coast, in to take out the most valued part, much as shark finning had already the Gulf of Mexico, and, as I pointed which are the fins, of course, that been outlawed, if you will, in the At- out, in the Caribbean. leaves a carcass of a large fish in the lantic, the Caribbean and the Gulf of Some have complained that this reso- ocean to be wasted. I think this is an Mexico, it made no sense to permit the lution undermines the authority of the outrage, and I hope that we can change practice to continue in the western Pa- regional fisheries councils. This is not such practice with this resolution as cific. I thank the gentleman for his true, at least in my opinion. This does the chairman said, a shot across the great effort in bringing this to our at- nothing more than send a signal to the bow. I would hope that would be the tention and making sure that we ad- Western Pacific Council, a shot across case. dress the problem. the bow, if you will, as well as to oth- I think that when we talk about the Mr. CUNNINGHAM. Mr. Speaker, I ers, that Congress does not like the numbers here, it has been banned in would like to thank the gentleman

VerDate 29-OCT-99 02:01 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.027 pfrm12 PsN: H01PT1 H11156 CONGRESSIONAL RECORD — HOUSE November 1, 1999 from New Jersey (Chairman SAXTON) introduce legislation. And if Members 3. Immediately reduce the bycatch of and the gentleman from Minnesota can imagine, the gentleman from New sharks; 4. Prevent overfishing by quickly estab- (Mr. VENTO). I would also like to thank Jersey (Mr. SAXTON), the gentleman lishing precautionary commercial and rec- them for their support, both Repub- from California (Mr. CUNNINGHAM), and reational quotas for sharks until a final com- licans and Democrats alike. This is an the gentleman from Minnesota (Mr. prehensive management plan is adopted that issue on which we can come together. VENTO), if he will join us, on a bill to- ensures the future health of the population. Mr. Speaker, I introduced H. Con. gether on this floor, that will be a day. Given the dramatic increase in the number Res. 189 to send a clear message that I would say to my friend, we plan this of sharks killed in the Hawaiian longline shark finning is wasteful and unsports- spring, under the Magnuson Act, to fishery, WESPAC should cap shark mortality at 1994 levels as a minimum interim action, manlike. The destructive practice of have legal and binding law to act ac- shark finning in the American waters pending the outcome of new population as- cordingly. sessment. off the central and western Pacific Mr. Speaker, I include for the Thank you for your attention to this ur- must stop. RECORD correspondence regarding this gent matter. Mr. Speaker, years ago this country matter: DAVID WILMOT, PH.D., destroyed buffalo herds only for the OCEAN WILDLIFE CAMPAIGN, Ocean Wildlife Campaign. hides of those buffalo and left the meat Washington, DC, September 22, 1999. CARL SAFINA, PH.D., to rot in the sun. What a waste of a re- Hon. RANDY CUNNINGHAM, National Audubon Society. source. They nearly decimated the House of Representatives, LISA SPEER, herds for the Native Americans. The Washington, DC. Natural Resources Defense Council. TOM GRASSO, same thing is done today with elephant DEAR REPRESENTATIVE CUNNINGHAM: We are writing to express serious concern re- World Wildlife Fund. tusks. To just shoot an elephant and garding the management and health of shark SONJA FORDHAM, take the tusk and leave the meat rot- populations in U.S. Pacific waters, specifi- Center for Marine Conservation. ting is wrong. Or whether it is a seal cally in areas under the jurisdiction of the KEN HINMAN, pup for its hide, to take the hide and Western Pacific Regional Fishery Manage- National Coalition for Marine Conservation. let the carcass sit there in the snow is ment Council (WESPAC). Driven by the ELLEN PIKITCH, PH.D., wrong. Shark finning is a practice of international demand for shark fin soup, the Wildlife Conservation Society. removing shark fins and discarding the practice of shark finning—cutting of a carcass into the sea. shark’s fins and discarding its carcass back CENTER FOR MARINE CONSERVATION, Washington, DC, September 22, 1999. Mr. Speaker, I am a sportsman. I love into the ocean—is a rapidly growing problem Hon. RANDY CUNNINGHAM, to hunt and fish, but it is under a man- that is directly responsible for huge increases in the number of sharks killed annu- House of Representatives, aged system to make sure that our really and appalling waste of this nation’s liv- Washington, DC. sources are here for our children and ing marine resources. The National Marine DEAR REPRESENTATIVE CUNNINGHAM: On be- their children and our grandchildren Fisheries Service has prohibited shark fin- half of the Center for Marine Conservation down the line. ning in the U.S. Atlantic, Gulf of Mexico, (CMC), I am writing to express our grave I am also a diver, and I am not nec- and Caribbean. It is time to ban finning in concern for Pacific sharks, specifically those essarily fond of sharks. I have had a the Pacific. under the jurisdiction of the Western Pacific Regional Fishery Management Council couple of occasions where I wished they Between 1991 and 1998, the number of sharks ‘‘retained’’ by the Hawaii-based (WESPAC). High demand for shark fin soup had not have been so close around. But has driven a dramatic surge in shark finning they have been part of our ecosystem swordfish and tuna longline fleet jumped from 2,289 to 60,857 annually. In 1998, over 98 (the practice of slicing off a shark’s valuable fins and discarding the body at sea) by the for millions of years, and I think we percent of these sharks were killed for their Hawaiian longline fleet. This appalling waste need to manage that resource so that fins to meet the demand for shark fin soup. of America’s public marine resources is tied they are not depleted. They went from Because shark fins typically comprise only to alarming yet unrestricted increases in one to five percent of a shark’s bodyweight, taking 2,300 to nearly 61,000 sharks in mortality of some of the ocean’s most bio- very short order. I think we ought to 95 to 99 percent of the shark is going to logically vulnerable fish. stop and take a look. waste. Sharks are particularly vulnerable to Shark conservation has long been a key The gentleman from New Jersey (Mr. overfishing because of their ‘‘life history element of CMC’s fisheries program due in characteristics’’—slow growth, late sexual SAXTON) covered much of this material, large part to the life history characteristics so I will submit a lot of it for the maturity, and the production of few young. that leave sharks exceptionally susceptible Once depleted, a population may take dec- to overfishing. In general, sharks grow slow- RECORD. But the action that WestPac ades to recover. took was merely to cut from 60,000 to ly, mature late and produce a small number The National Marine Fisheries Service, of young. Once depleted, shark populations 50,000 the number of sharks from fin- conservationists, fishermen, scientists, and often require decades to recover. In the U.S. ning. the public have pressured WESPAC to end Atlantic, for example, several overfished the practice of shark finning. Nevertheless, b 1445 shark stocks will require four decades to re- WESPAC and the State of Hawaii recently build to healthy levels, even with strict fish- Yet, Mr. Speaker, 95 percent of those failed to take action to end or control fin- ing controls. Indeed, nearly every large scale sharks are finned and just dumped ning. shark fishery this century has ended in col- back into the water, some alive, left to This issue of shark finning is characterized lapse. drown, and some dead. In any regard, it by a dangerous lack of management, ramp- Off Hawaii, the number of sharks killed ant waste, and egregious inconsistencies is inhumane, it is cruel, and it is and brought to the dock (landed) has in- with U.S. domestic and international policy creased by more than 2500 percent, sky- wasteful. stances. It is the most visible symptom of a rocketing from just 2,289 sharks in 1991 to The United States has emerged as a larger problem: a lack of comprehensive 60,857 sharks in 1998. In 1998, over 98 percent global leader in shark fisheries man- management for sharks in U.S. Pacific wa- of these sharks were killed solely for their agement. Yet, as Ms. Sonya Fordham ters. The history of poorly or unmanaged fins. Considering that shark fins typically of the Center for Marine Conservation shark fisheries around the world is unequivo- comprise only one to five percent of a notes, ‘‘Our inability to address an cal: rapid decline followed by collapse. shark’s bodyweight, 95 to 99 percent of the egregious finning problem within our Sharks are not managed in U.S. Central and shark is going to waste. own waters threatens to undermine the Western Pacific waters, and with increased CMC has been calling upon Western Pacific fishing pressure there may be rapidly grow- fishery managers to restrict shark fisheries U.S. role in these important inter- ing problems. and ban finning for more than 5 years. More national initiatives.’’ We urge your office to take whatever ac- recently, similar demands have been made I would also like to thank a gentle- tion is necessary to immediately end the de- by many other national conservation organi- woman who came all the way from Ha- structive practice of shark finning in U.S. zations as well as local Hawaiian environ- waii, Ms. Brooke Burns, a young 21- waters and encourage WESPAC to develop a mental and fishing groups, international sci- year-old from the series of Baywatch. comprehensive fishery management plan for entific societies, concerned citizens, and sev- She, I think, articulated in a most pro- sharks that will, among other things: eral Department of Commerce high-ranking fessional way the support of the Amer- 1. Immediately prohibit the finning of officials. A recent poll by Seaweb found that sharks; finning was among the ocean issues most dis- ican people in why this practice should 2. Immediately reduce shark mortality lev- turbing to the American public. Neverthe- not continue. els by requiring the live release of all by- less, WESPAC and the State of Hawaii have This spring, the gentleman from New catch or ‘‘incidentally caught’’ animals yet to take action to control finning or limit Jersey (Mr. SAXTON) and myself plan to brought to the boat alive; shark mortality.

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.030 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11157 Shark finning in particular runs counter Thank you for your leadership in this area. eign competitors and NMFS should allow a not only to the will of the American public, Sincerely, tolerance for blue shark fins to be landed. to which these resources belong, but also to MIKE HAYDEN, Response: NMFS disagrees. Finning of U.S. domestic and international policy as ex- President/CEO. sharks within the Federal management unit pressed in: has been prohibited since the original shark the Sustainable Fisheries Act (SFA); THE COUSTEAU SOCIETY, FMP was implemented in 1993 due to exces- the Fishery Management Plan (FMP) for Chesapeake, VA, October 8, 1999. sive waste associated with this practice. Sharks of the Atlantic Ocean; the United Na- Hon. RANDY CUNNINGHAM, NMFS extends the prohibition on finning to tions Food and Agricultural Organization Rayburn House Office Building, all sharks to enhance enforcement and facili- (FAO) Code of Conduct for Responsible Fish- Washington, DC. tate stock rebuilding and maintenance. eries; and DEAR CONGRESSMAN: The Cousteau Society, In a June 21, 1999 letter to the Chairman of the FAO International Plan of Action for on behalf of its 150,000 members, strongly the Western Pacific Council, Mr. Terry Gar- Sharks. supports H. Con. Res. 189, expressing the cia directs the Council to ‘‘take immediate In addition, as you are likely aware, Cali- sense of the Congress regarding the wasteful action to ban the practice of shark finning’’. fornia is just one of many coastal states to and unsportsmanlike practice known as In the letter, Mr. Garcia points out that the ban finning within their waters. shark finning. US has been a leading proponent of inter- In the U.S. Atlantic, the lucrative market The Cousteau Society’s own lengthy expe- national shark conservation measures at the for shark fins drove an intense fishery that dition to film the white shark in Australia United Nations FAO meetings this year. He led to severe depletion of several shark popu- confirmed vividly how little is known about goes on to say that ‘‘The US position during lations within less than 10 years. Citing even this well-publicized species; even less development of the International Plan of Ac- ‘‘universal and strong support’’ for a ban on data are available for the hundreds of shark tion for the Conservation and Management finning on behalf of the non-fishing Amer- species that have not caught public or com- of Sharks was that the FAO should affirma- ican public, the National Marine Fisheries mercial attention. Whenever enough infor- tively address this issue, even to the extent Service (NMFS) banned the practice in U.S. mation is gathered about a given kind of of putting in place a global ban on shark fin- Atlantic in 1993, stating that: shark to confirm a judgment on its status, ning’’. Mr. Garcia’s letter concludes by say- NMFS believes that finning is wasteful of that judgment is almost inevitably that the ing that ‘‘The Council should amend the valuable shark resources and poses a threat species is over-fished and must be protected Western Pacific Pelagic Fishery Manage- to attaining the conservation objectives of to survive. Lack of information is obviously ment Plan to require full utilization of all fishery management under the Magnuson no good reason to delay conservation. sharks harvested in this fishery’’. Act. The Cousteau Society fully endorses your NMFS and the Department of Commerce’s position is clear. Is finning any less of a This year, NMFS expanded the existing recommendation to the Western Pacific waste in the Pacific as opposed to the Gulf or finning ban from the 39 regulated species to Fishery Management Council, the State of Atlantic? The Council unfortunately has all sharks in the Atlantic while Department Hawaii and the National Marine Fisheries known about this problem since 1993 and of Commerce officials have repeatedly, yet Service to ban finning in the central and have repeatedly been told to stop finning by unsuccessfully, called upon WESPAC to halt western Pacific Ocean. Conservation must NMFS as early as 1995, without any action finning. not wait for perfect science nor unanimous being taken. Now the Council, as a result of In recent years, the United States has agreement. Please hold absolutely firm in in- your resolution, is trying to justify their po- emerged as a world leader in crafting and sisting on an end to this destructive prac- sition in Congress by claiming that NMFS promoting landmark, international agree- tice. has not given them the funding to gather the ments pertaining to sharks and continues to Yours truly, lead efforts to raise global awareness of their necessary information nor has NMFS sup- CLARK LEE S. MERRIAM. plight and special management needs. Yet, plied the Council with the necessary data our inability to address an egregious finning that would allow them to take action. Obvi- WESTERN PACIFIC problem within our own waters threatens to ously these excuses are merely a way to shift FISHERIES COALITION, the responsibility of the Council to NMFS. undermine the U.S. role in these important Kailua, HI, September 30, 1999. international initiatives. NMFS has been very consistent in their po- Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, CMC asks for your assistance in ensuring sition that shark finning is a ‘‘waste’’ issue Rayburn House Office Building, an immediate end to the wasteful practice of and not a biological one. The Council has Washington, DC finning, accompanied by a requirement that gone so far as to ask NMFS to define DEAR CONGRESSMAN CUNNINGHAM. First let ‘‘waste’’ even though the Council Chairman all incidentally-caught sharks brought to me thank you for introducing H. Con. Res. has at one point himself, called shark fin- the boat alive be released alive. In addition, 189 and for taking an interest in the blatant ning a ‘‘wasteful practice’’. If people are a comprehensive Pacific shark management waste of one of our natural resources here in going to try and confuse the issue of finning plan that prevents overfishing and reduces the Western Pacific. The Shark Finning over the definition of waste, we’ve all di- bycatch is absolutely crucial to safeguarding issue here has brought a new awareness to gressed to the point where our fisheries are these especially vulnerable animals; pre- the problem not only in the Western Pacific in serious trouble. Look at the history of the cautionary catch limits in the Western Pa- region, but on a global scale. We have been fisheries that have collapsed. Have they col- cific (no higher than 1994 mortality levels) involved in fisheries management here in lapsed because people called for more man- are needed until such a plan is complete. Hawaii for over 15 years and have rep- Thank you for your attention to this ur- agement? Have they collapsed because peo- resented, on some Council issues, more than gent matter. ple called for a precautionary approach and a 18,000 Hawaiian fishermen and concerned in- Sincerely, reduction of waste? Or have they collapsed dividuals. I have been a commercial and rec- SONJA V. FORDHAM, because people used excuses like, we don’t reational fisherman and hunter for over 40 Fisheries Project Manager. have enough data yet, we don’t have the en- years, but I’ve never seen such irresponsible forcement, it’s a complex issue or many oth- actions by fishermen, much less Federal fish- AMERICAN SPORTFISHING ers that all had one thing in common, they ery managers, who continue to be pro- ASSOCIATION, all lead to overfishing. A U.S. Supreme Court ponents for shark finning. Alexandria, VA, September 23, 1999. Justice once said during a Hearing on Por- The NMFS has already implemented a Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, nography . . . ‘‘I don’t know the definition of ‘‘full utilization’’ plan in the Atlantic and House of Representatives, Rayburn House Office pornography, but I know it when I see it’’. I the Gulf, has justified the record and the Building, Washington, DC. suspect his opinion of waste might go along basis for it. The Atlantic Highly Migratory DEAR CONGRESSMAN CUNNINGHAM: On behalf these same lines. Species FMO and Final Regulations, 15 CFR of the nearly 500 members of the American In a recent response from the NMFS Hono- Part 902, published May 28, 1999, in vol. 64 Sportfishing Association, I wish to express lulu Lab, Dr. Michael Laurs indicated that Federal Register, pp. 29090 et seq. NMFS’ re- my strong support for your resolution to ban they HAVE NOT even begun a biological as- sponse to public comments on proposed regu- the wasteful practice of shark finning. I com- sessment of blue sharks and will not have lations to implement Atlantic HMS FMP (at mend your initiative in tackling this impor- any preliminary information until Spring pp. 29108–09): tant, yet easily dismissed issue. 2000. Based on this information we are very For far too long, we have neglected to take Anti-Finning of Sharks concerned that no one seems to actually action to stop this most unsportsmanlike Comment 1: NMFS should implement the know the status of these stocks. The Coun- fishing activity. We now know that the best proposed total prohibition on finning. Re- cil’s claims that Japanese Data has been shark is not a dead shark; that these oft ma- sponse: NMFS agrees. Extending the prohibi- used by the Council to determine that the ligned fish play critical roles in preserving tion on finning to all species of sharks will stocks are healthy is somewhat disturbing as balance in the marine ecosystem. Healthy greatly enhance enforcement and contribute the United States could not depend on Japa- shark populations help maintain robust fish- to rebuilding or maintenance of all shark nese data with regard to High Seas eries. Your effort to ban finning will not species. Driftnetting or Whaling, which in both cases only benefit depressed shark populations, Comment 2: NMFS should not extend the the Japanese data once again claimed that but many other species of commercially and prohibition on finning sharks because it dis- these practices were not threatening the recreationally important fish. advantages U.S. fishermen relative to for- stocks.

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.022 pfrm12 PsN: H01PT1 H11158 CONGRESSIONAL RECORD — HOUSE November 1, 1999 I’ve asked the State Representative, who garded as a family ancestor. There are many waiian Rights Officer, or Nami Ohtomo, Nat- introduced our Shark finning legislation other kinolau in Hawaiian culture, including ural Resources Policy Analyst, at 594–1755. here in Hawaii last year, to forward you all the owl, lizard, dog, rocks, and clouds. Imag- Sincerely, the testimony his committees received in ine the uproar that would arise if the Spot- RANDALL OGATA, support of a ban which clearly shows the ted Owl were to be taken, even as ‘‘bycatch,’’ Administrator. widespread support this issue had here in the for its wings. The intensity of feeling about Mr. Speaker, I thank the gentleman Islands. Native Hawaiians have written in shark finning among Hawaiians is a hundred- from Minnesota (Mr. VENTO), the gen- protest, testified and have written letters fold magnified because of the special spir- calling for a halt to finning. Charter Boat itual significance of the shark. To hurt or tleman from New Jersey (Mr. SAXTON), Captains in Hawaii, Commercial fishermen destroy the shark wantonly and inten- the committee members, and the gen- in Hawaii (both native and non-native) have tionally is for many families equivalent to tleman from Alaska (Mr. YOUNG) for supported a ban and they in fact catch desecrating one’s own ancestors and herit- expediting this to the floor. sharks. Recreational fishermen, conserva- age. As forcefully stated by respected Hawai- Mr. UNDERWOOD. Mr. Speaker, I would tionists, scientists, State politicians and ian cultural practitioner and member of like to thank the Resources Subcommittee some of the Hawaii Congressional Delegation WFRFMC’s Native and Indigenous Rights Chairman JIM SAXTON and the Ranking Demo- in Washington have supported a ban on fin- Advisory Panel Charles Kauluwehi Maxwell crat Mr. FALEOMAVAEGA for their work on this ning, as well as the State of Hawaii. Sr. at a recent WPRFMC meeting, the prac- Please don’t let people confuse this issue tice of shark finning is ‘‘very offensive’’ to resolution. Indeed, H. Con. Res. 189 is impor- as this isn’t about a biological assessment or Hawaiians. tant because it has helped elevate the aware- cruel practice, it is all about waste. Releas- OHA believes that shark finning should not ness of shark finning practices in the Pacific. ing the sharks that are caught as incidental be allowed to continue, and that the U.S. I'm sure that many Americans have been catch alive or fully utilizing the shark, government should not allow landings of moved, as I have, by television images show- would not increase by-catch as much as it shark fins unless it is taken from a shark ing workers aboard fishing vessels, both for- would reduce waste and by-catch mortality. landed whole. eign and domestic, slicing off the fins of Once again thank you for your support and Suggested Amendments to Bill if there is anything we can do to support caught sharks and throwing the carcasses We feel that H. Con. Res. 189 can be your initiative, please don’t hesitate to con- back into the ocean. It's easy to understand strengthened by including language to ex- tact us. why we are moved by these pictures. They Best personal regards, press the culturally offensive nature of shark finning, as described above. Therefore, we are very powerful and appeal to our sense of BOB ENDRESON. suggest inserting the following language or human decency and respect for ``not wasting similar: our kill.'' STATE OF HAWAI’I ‘‘. . . Whereas shark finning in the Western The resolution before us however, does not OFFICE OF HAWAIIAN AFFAIRS, Honolulu, HI, October 8, 1999. Pacific occurs in and around the waters of take any comprehensive approach to end the Hawaii, among other U.S. Pacific holdings; Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, practice of shark finning. Though it presents Whereas the indigenous Native Hawaiian Rayburn House Office Building, us with statistical data showing us the enor- people regard sharks highly as being cul- Washington, DC. mous increase of shark finning activity in the turally and spiritually important to their Re: Support for H. Con. Res. 189 on Shark heritage; Pacific over the past eight years, it neglects to Finning. Whereas wasteful use of a culturally sig- address the volume of U.S. imports which DEAR CONGRESSMAN CUNNINGHAM: I am nificant animal such as the shark is offen- helps to support the demand for shark finning writing to thank you for introducing H. Con. sive to Native Hawaiians; . . .’’ to occur. If we want this resolution to offer Res. 189 to stop the wasteful practice of The Council’s Role meaningful and substantive changes in the shark finning in the Central, South, and In an interview with a reporter during the treatment of sharks, this resolution should ad- West Pacific. The Administration of the Of- WPRFMC meeting several months ago, dress a ban on importation. fice of Hawaiian Affairs (OHA), acting con- Council Chair James D. Cook stated that en- sistently with Board of Trustees policies and Moreover, the authority of the Western Pa- vironmentalists’ concerns and native Hawai- views, supports H. Con. Res. 189. We would cific Regional Fishery Management CouncilÐ ians’ cultural concerns should not influence also like to suggest some amendments to which is the federally recognized regional decisions made by the Council on decisions strengthen the arguments already made in council responsible for developing manage- about shark finning. OHA feels that Mr. H. Con. Res. 189. OHA is a quasi-state agency Cook’s culturally insensitive comment war- ment plans for fisheries for the exclusive eco- tasked with working toward the betterment rants attention and clarification about nomic zones of the State of Hawaii and the of Native Hawaiians, by advocating for the WPRFMC’s position on cultural issues. Per- U.S. Pacific territoriesÐwill be usurped with recognition and continuation of Hawaiian haps WPRFMC’s duties and responsibilities the passage of this resolution. These regional culture and identity. towards indigenous peoples and their cul- As you are no doubt aware, there has been councils are in place to develop sound and re- tural/traditional fishing practices under the considerable outcry among the Native Ha- sponsible fishery management plans while Magnuson-Stevens Act needs to be reas- waiian population, as well as the population being mindful of the unique circumstances of sessed. at large in Hawaii, about the practice of As the full name of the Magnuson-Stevens the presiding region. I am concerned that shark finning. This public disdain for this Act indicates, its objective is to conserve passing this resolution sets a precedent which wasteful fishing practice was most recently and manage fisheries. Moreover, the Act can call in to question the integrity and author- debated both in our State legislature and at clearly places importance on cultural consid- ity of all federally mandated regional fishery a meeting of the Western Pacific Regional erations. Section 104–297 of the Act states Fishery Management Council (WPRFMC). management councils in the U.S. the following regarding community develop- Mr. Speaker, the practice of shark finning is Cultural Significance ment programs: unfortunate. We should not, however, avert Because Hawaiian culture is integrally tied ‘‘. . . the Western Pacific Council shall the authorities of regional councils in lieu of to the health, abundance, and access to in- base such criteria on traditional fishing digenous natural resources, Hawaiians have practices in or dependence on the fishery, our unwillingness to address this issue in a always striven to play a stewardship role by the cultural and social framework relevant comprehensive manner. sound management and protection of the to the fishery, and economic barriers to ac- Mr. ABERCROMBIE. Mr. Speaker, I rise in natural environment on which the culture cess to the fishery,’’ and support of House Concurrent Resolution 189, relies. Unfortunately, Hawaii is constantly ‘‘Notwithstanding any other provision of relating to the practice of shark finning. endangered by the imposition of Western be- this Act, the Western Pacific Council shall There is no question that the practice is liefs, customs, religions, and economic de- take into account traditional indigenous wasteful of a resource and should be discon- sires that do not necessary hold similar fishing practices in preparing any fishery tinued. This issue has been on the agenda of views about the importance of the natural management plan.’’ environment. Taking a small portion of a OHA feels that Mr. Cook’s comment then the Western Pacific Regional Fishery Manage- shark or any animal and wasting the remain- begs the question of what the Council’s pri- ment Council (WESPAC), which is responsible der clearly runs counter to Hawaiian stew- orities are in managing fisheries, and specifi- for managing our Western Pacific fisheries re- ardship views. Traditional use of sharks in cally if it is truly taking cultural consider- sources. WESPAC has been studying this Hawaiian culture meant whole utilization of ations into account. issue, and I encourage them to continue to do the animal. We hope that you will consider this need to so in order to compile the necessary data to Equally as important to Hawaiians is the scrutinize WPRFMC’s priorities and cul- take definitive action. In that regard, I would cultural and spiritual significance of the turally sensitive issues like shark finning shark itself. Many Hawaiian families hold when you introduce legislation to amend the note that the Council has requested additional the shark in special esteem as the physical Magnuson-Stevens Act later this year. funds from NMFS during the past three years manifestation (called Kinolau) of their fam- If we can be of further assistance, please do to do so, and as evidenced by our endorse- ily guardian (aumakua), who was also re- not hesitate to contact Sebastian Aloot, Ha- ment of this resolution today, there is a critical

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.024 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11159 need for NMFS to comply with the request. I CLEAR CREEK DISTRIBUTION The Chair recognizes the gentleman want to work closely with Representatives ENI SYSTEM CONVEYANCE ACT from California (Mr. DOOLITTLE). FALEOMAVAEGA, JIM SAXTON, WAYNE Mr. DOOLITTLE. Mr. Speaker, I Mr. DOOLITTLE. Mr. Speaker, I GILCHREST, GEORGE MILLER, DON YOUNG and move to suspend the rules and pass the yield myself such time as I may con- the Appropriations Committee to make sure bill (H.R. 862) to authorize the Sec- sume. there is adequate federal support for the broad retary of the Interior to implement the Mr. Speaker, the subject of Bureau of and extensive responsibilities for which provisions of the Agreement conveying Reclamation facility transfers has been WESPAC is charged. The fisheries of the title to a Distribution System from the of particular interest to the Congress, Western Pacific economic zones for which United States to the Clear Creek Com- local irrigation districts, and the ad- WESPAC is responsible comprises approxi- munity Services District, as amended. ministration in recent years. Facility mately forty-eight percent of the entire area The Clerk read as follows: transfers represented an effort to NMFS regulates, but WESPAC receives only H.R. 862 shrink the Federal government and twelve percent of the total funding all the com- Be it enacted by the Senate and House of shift the responsibilities for ownership missions receive. We must make certain that Representatives of the United States of America into the hands of those who can more we give the Commission the tools, resources in Congress assembled, efficiently operate and maintain them. and support they need in order to credibly dis- SECTION 1. SHORT TITLE. Much of the momentum for these charge their formidable responsibilities. This Act may be cited as the ‘‘Clear Creek transfers comes from local irrigation Secondly, I would like to point out that even Distribution System Conveyance Act’’. districts that are seeking title to these with enactment of this resolution or additional SEC. 2. DEFINITIONS. projects. The Federal government For purposes of this Act: holds title to more than 600 Bureau of legislation amending the Magnuson-Stevens (1) SECRETARY.—The term ‘‘Secretary’’ Act to ban shark finning, this is an inter- means the Secretary of the Interior. Reclamation water projects through- national problem, and follow-up action must be (2) DISTRICT.—The term ‘‘District’’ means out the West. A growing number of initiated and undertaken in order to effectively the Clear Creek Community Services Dis- these projects are now paid out and op- end the practice internationally. Far more fins trict, a California community services dis- erated and maintained by local irriga- are unloaded in California ports, Hong Kong trict located in Shasta County, California. tion districts. The districts seek to and other sites than in Hawaii, and the issue (3) AGREEMENT.—The term ‘‘Agreement’’ have the facilities transferred to them, means Agreement No. 8–07–20–L6975 entitled of transshipping of fins must also be ad- since many of the districts now have ‘‘Agreement Between the United States and the expertise needed to manage the dressed. If we are serious about ending fin- the Clear Creek Community Services Dis- ning, we need to act on several fronts. trict to Transfer Title to the Clear Creek systems and can do so more efficiently By citing the waste inherent in finning, the Distribution System to the Clear Creek Com- than the Federal government. resolution raises the issue of full utilization of munity Services District’’. H.R. 862 transfers title of the Clear the products harvested from sharks. Fins (4) DISTRIBUTION SYSTEM.—The term ‘‘Dis- Creek distribution system in California should not be the only part of animal used and tribution System’’ means all the right, title, to the Clear Creek Services District we need to develop refined products and mar- and interest in and to the Clear Creek dis- without affecting the underlying water kets in order to more fully make good use of tribution system as defined in the Agree- services contract, and it relieves the ment. shark parts. The resolution cites the waste in- Federal government of all liability for SEC. 3. CONVEYANCE OF DISTRIBUTION SYSTEM. herent in finning, and yet there is an implicit In consideration of the District accepting its role in owning and constructing the level of utilization in other marine products. the obligations of the Federal Government water distribution system. For example, to what extent is taking solely for the Distribution System, the Secretary This transfer should be supported for roe from fish or sea urchins wasteful? NMFS shall convey the Distribution System to the two reasons. In the case of the Clear should address these utilization issues as it District pursuant to the terms and condi- Creek distribution system, the govern- undertakes regulatory actions impacting shark tions set forth in the Agreement. ment will reduce its risk of future li- catches. SEC. 4. RELATIONSHIP TO EXISTING OPER- abilities associated with the project ATIONS. due to faulty project design. The dis- The last matter I would like to raise is that Nothing in this Act shall be construed to of compensation for lost income which will be authorize the District to construct any new trict has indicated that it is prepared sustained by Hawaii fishermen and industry. facilities or to expand or otherwise change to accept responsibility for the system. Shark fins generate significant revenue, and the use or operation of the Distribution Sys- Second, the district believes that it traditionally most of its goes directly to the tem from its authorized purposes based upon has the expertise and financial capa- crews of the fishing fleet. The resolution does historic and current use and operation. Ef- bility to manage this project more effi- not address lost compensation for crews, but fective upon transfer, if the District proposes ciently than the Federal government. to alter the use or operation of the Distribu- Mr. Speaker, I reserve the balance of I am pointing out the issue to indicate the tion System, then the District shall comply complexity of the issue, and equity in address- with all applicable laws and regulations gov- my time. ing the economic consequences of fisheries erning such changes at that time. Mr. UNDERWOOD. Mr. Speaker, I regulatory decisions, based on precedents set SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT yield myself such time as I may con- by previous NMFS actions and decisions. OBLIGATIONS. sume. Again, Mr. Speaker, I urge adoption of the Conveyance of the Distribution System (Mr. UNDERWOOD asked and was resolution, as well as addressing the under- under this Act— given permission to revise and extend lying and associated issues it raises. (1) shall not affect any of the provisions of his remarks.) the District’s existing water service contract Mr. UNDERWOOD. Mr. Speaker, this Mr. VENTO. Mr. Speaker, I have no with the United States (contract number 14– further requests for time, and I yield 06–200–489–IR3), as it may be amended or sup- legislation directs the transfer of the back the balance of my time. plemented; and Bureau of Reclamation water distribu- Mr. SAXTON. Mr. Speaker, I have no (2) shall not deprive the District of any ex- tion system to the Clear Creek Com- further requests for time, and I yield isting contractual or statutory entitlement munity Services District in California. back the balance of my time. to subsequent interim renewals of such con- The transfer will be carried out pursu- The SPEAKER pro tempore (Mr. tract or to renewal by entering into a long- ant to a cooperative agreement that PETRI). The question is on the motion term water service contract. has already been negotiated. offered by the gentleman from New SEC. 6. LIABILITY. The Bureau of Reclamation has Effective on the date of conveyance of the Jersey (Mr. SAXTON) that the House worked closely with local interests on Distribution System under this Act, the suspend the rules and agree to the con- United States shall not be liable under any this transfer proposal, and it is my un- current resolution, H. Con. Res. 189, as law for damages of any kind arising out of derstanding that the manager’s amend- amended. any act, omission, or occurrence based on its ment is acceptable to the administra- The question was taken; and (two- prior ownership or operation of the conveyed tion. This legislation is noncontrover- thirds having voted in favor thereof) property. sial. Mr. Speaker, I urge support of the the rules were suspended and the con- The SPEAKER pro tempore. Pursu- legislation of the gentleman from Cali- current resolution, as amended, was ant to the rule, the gentleman from fornia (Mr. HERGER), H.R. 862. agreed to. California (Mr. DOOLITTLE) and the Mr. Speaker, I have no further re- A motion to reconsider was laid on gentleman from Guam (Mr. UNDER- quests for time, and I yield back the the table. WOOD) each will control 20 minutes. balance of my time.

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.039 pfrm12 PsN: H01PT1 H11160 CONGRESSIONAL RECORD — HOUSE November 1, 1999 Mr. DOOLITTLE. Mr. Speaker, I hazardous waste, Federal power, or en- (b) SALE PRICE.—The Secretary is author- yield 6 minutes to my friend and col- dangered species. It has the full sup- ized to receive from the District $2,000,000 to league, the gentleman from California port of the Clear Creek Community relieve payment obligations and extinguish the debt under contract number 14–06–200– (Mr. HERGER), in whose district this Services District, the citizens, commu- 949IR2, and $9,500,000 to relieve payment obli- project is located . nities, and businesses served by the dis- gations and extinguish all debts associated Mr. HERGER. Mr. Speaker, I would trict, and the Bureau of Reclamation. with contracts numbered 14–06–200–7734, as like to thank the gentleman from Cali- Further, it advances the objective of amended by contracts numbered 14–06–200– fornia (Chairman DOOLITTLE) and the creating a government that works bet- 4282A and 14–06–200–8536A. Notwithstanding members and staff of the Sub- ter and costs less by transferring these the preceding sentence, the District shall committee on Water and Power of the facilities to State and local units of continue to make payments required by sec- Committee on Resources for their hard government where they can be more ef- tion 3407(c) of Public Law 102–575 through work on this important piece of legisla- ficiently managed. year 2029. (c) CREDIT REVENUE TO PROJECT REPAY- tion. I urge the Members to vote in favor MENT.—Upon payment authorized under sub- I would also like to command and of this noncontroversial proposal, section (b), the amount paid shall be credited thank the Clear Creek Community which provides a definite win-win situ- toward repayment of capital costs of the Services District for their persever- ation for all parties involved. I appre- Central Valley Project in an amount equal ance, cooperation, and patience in ciate the opportunity to speak on its to the associated undiscounted obligation. working with the Bureau of Reclama- behalf. SEC. 3. FUTURE BENEFITS. tion and the subcommittee. Mr. DOOLITTLE. Mr. Speaker, I Upon payment, the Sly Park Unit shall no H.R. 862, the Clear Creek Distribu- yield myself such time as I may con- longer be a Federal reclamation project or a tion System Conveyance Act is a mod- sume. unit of the Central Valley Project, and the est and noncontroversial measure that Mr. Speaker, I thank my friend and District shall not be entitled to receive any further reclamation benefits. authorizes the Secretary of the Inte- colleague, the gentleman from Guam rior to convey title to the Clear Creek (Mr. UNDERWOOD), for his help in this SEC. 4. LIABILITY. Except as otherwise provided by law, effec- distribution system out of the hands of matter, and I urge an aye vote. Mr. Speaker, I have no further re- tive on the date of conveyance of the Sly the United States and into the hands of Park Unit under this Act, the United States the Clear Creek Community Service quests for time, and I yield back the shall not be liable for damages of any kind District. balance of my time. arising out of any act, omission, or occur- The Clear Creek Community Services The SPEAKER pro tempore. The rence based on its prior ownership or oper- District is a local agency that provides question is on the motion offered by ation of the conveyed property. water services for domestic and agri- the gentleman from California (Mr. The SPEAKER pro tempore. Pursu- cultural use to a large area of western DOOLITTLE) that the House suspend the ant to the rule, the gentleman from Shasta County in the Northern Cali- rules and pass the bill, H.R. 862, as California (Mr. DOOLITTLE) and the fornia district I represent. amended. gentleman from Guam (Mr. UNDER- Clear Creek entered into a contrac- The question was taken; and (two- WOOD) each will control 20 minutes. tual relationship with the United thirds having voted in favor thereof), The Chair recognizes the gentleman States in 1963 for construction of the the rules were suspended and the bill, from California (Mr. DOOLITTLE). distribution system, as well as a long- as amended, was passed. Mr. DOOLITTLE. Mr. Speaker, I term water services contract and a The title was amended so as to read: yield myself such time as I may con- commitment to long-term repayment ‘‘A bill to direct the Secretary of the Inte- sume. of the construction cost of the system. rior to implement the provisions of an agree- Mr. Speaker, for more than 14 years ment conveying title to a distribution sys- The district commenced making pay- tem from the United States to the Clear the Sly Park Unit conveyance has been ments on its repayment obligation Creek Community Services District.’’. a legislative proposal before the Con- starting in 1967. Thereafter, the dis- A motion to reconsider was laid on gress. It has passed both the House and trict took full and complete responsi- the table. Senate several times in various forms. bility for the administration, oper- Today we have before us what I con- f ation, maintenance, and repair of the sider a fair proposal to all interested system. Legal title to the system, how- SLY PARK UNIT CONVEYANCE ACT parties in the legislation. The Sly Park ever, remained in the name of the Mr. DOOLITTLE. Mr. Speaker, I Unit in California was originally au- United States. move to suspend the rules and pass the thorized under the American River Act Now that the district’s repayment bill (H.R. 992) to convey the Sly Park of October 14, 1949. Since the project obligation has been satisfied by the Dam and Reservoir to the El Dorado Ir- was completed in 1955, the district has terms of its agreement with the Bu- rigation District, and for other pur- operated and maintained the facilities. reau, both the district and Bureau seek poses, as amended. Additionally, the district has played to have title to the federally-owned fa- The Clerk read as follows: a major role in providing a safe, clean, cilities transferred back to the district. H.R. 992 and community-oriented recreation The district took advantage of the Be it enacted by the Senate and House of area that offers camping, boating, administration’s title transfer program Representatives of the United States of America swimming, picnicking, and fishing. and negotiated the terms and condi- in Congress assembled, Since I became the chairman of the tions of an agreement whereby title to SECTION 1. DEFINITIONS. Subcommittee on Water and Power, it the distribution facilities would be For the purpose of this Act, the term— has been my intent to pursue legisla- transferred in a manner satisfactory to (1) ‘‘Secretary’’ means the Secretary of the tion to shrink the size and scope of the all concerned parties. This legislation Interior; Federal government through the will effectuate that agreement, and (2) ‘‘Sly Park Unit’’ means the Sly Park defederalization of these assets. Dam and Reservoir, Camp Creek Diversion This defederalization should be done will bring title and authority over Dam and Tunnel, and conduits and canals as these facilities back to the 8,000 or so authorized under the American River Act of for two reasons. First, in the case of people who are served by them. October 14, 1949 (63 Stat. 853), including those Sly Park, the unit will be completely Although the district already carries used to convey, treat, and store water deliv- paid for prior to conveyance. out all aspects of the operation and ered from Sly Park, as well as all recreation Second, the district has dem- maintenance of the system, transfer of facilities thereto; and onstrated for more than four decades title will allow the customers and (3) ‘‘District’’ means the El Dorado Irriga- their expertise and financial capability water users in the district to be better tion District.– in managing this project more effi- served by more cost-effective and re- SEC. 2. TRANSFER OF SLY PARK UNIT. ciently than the Federal government. (a) IN GENERAL.—The Secretary shall, as During the 105th Congress two con- sponsive administration of the facility. soon as practicable after date of enactment Mr. Speaker, the Clear Creek title of this Act and in accordance with all appli- gressionally-initiated Bureau of Rec- transfer is uncluttered by any adverse cable law, transfer all right, title, and inter- lamation transfer bills were signed into or controversial issues related to envi- est in and to the Sly Park Unit to the Dis- law that directed the Secretary of the ronmental impact, water allocation, trict. Interior to convey all right, title, and

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.035 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11161 interest to the United States in and to ager’s amendment to H.R. 992 under (b) LIMITATION.—The authorization under specified project facilities. consideration today no longer includes subsection (a) shall be limited to the use of It is contemplated that the Sly Park authority for the El Dorado Irrigation that portion of the Solano Project facilities Unit will be maintained and managed District to use tax exempt financing to downstream of Mile 26 of the Putah South Canal (as that canal is depicted on the offi- after the transfer so that there would pay off their remaining repayment ob- cial maps of the Bureau of Reclamation), be no significant changes in operation ligations. which is below the diversion points on the and maintenance or in land and water Under the bill as reported, Federal Putah South Canal utilized by the city of use in the reasonably foreseeable fu- funds could be used to pay off this Fed- Fairfield for delivery of Solano Project ture. eral debt. This inappropriate use of tax water. Once transfer takes place, the future advantage funds municipal bond fi- The SPEAKER pro tempore. Pursu- management of the facility will be the nancing was opposed in dissenting ant to the rule, the gentleman from responsibility of the new owners, with views filed with the committee report, California (Mr. DOOLITTLE) and the any changes made pursuant to all then and it is appropriate that the offending gentleman from Guam (Mr. UNDER- applicable laws. It is the committee’s language be removed from the bill. WOOD) each will control 20 minutes. expectation that the completion of the Mr. Speaker, there have been signifi- The Chair recognizes the gentleman conveyance should take no longer than cant and positive modifications to this from California (Mr. DOOLITTLE). 18 months from the date of enactment. legislation, and I understand that the Mr. DOOLITTLE. Mr. Speaker, I To accomplish this end, we have re- administration now supports the bill, yield myself such time as I may con- ceived assurances from the Bureau of and we are prepared to support this sume. Reclamation that they will complete legislation, H.R. 992, which is impor- Mr. Speaker, the city of Vallejo, as expeditiously as possible the re- tant for the gentleman from California California has tried to use its water quirements of the National Environ- (Mr. DOOLITTLE) in his district. supply facilities more efficiently, but mental Policy Act, or NEPA. Mr. Speaker, I yield back the balance has been limited by a provision in Fed- Furthermore, it is the committee’s of my time. eral law that prohibits the city from expectation that the district will co- Mr. DOOLITTLE. Mr. Speaker, I, too, sharing space in an existing Federal operate with the Bureau of Reclama- am pleased to confirm that the admin- water delivery canal. The city of tion in the environmental process and istration is now officially on record in Vallejo wants to wheel some of its in the administrative tasks necessary support of this legislation. I urge an drinking water through part of the to complete the transfer. If the convey- aye vote. canal serving California’s Solano ance is not completed within 18 months Mr. Speaker, I yield back the balance Project, a water project built by the from the date of enactment, the Sec- of my time. Bureau of Reclamation in the 1950s. retary can be expected to pay 100 per- The SPEAKER pro tempore (Mr. The city of Vallejo is prepared to pay cent of the costs of complying with the PETRI). The question is on the motion any appropriate charges for the use of requirements of NEPA incurred as a di- offered by the gentleman from Cali- these facilities. rect result of executing this title trans- fornia (Mr. DOOLITTLE) that the House H.R. 1235 authorizes the Secretary of fer. suspend the rules and pass the bill, Interior to enter into contracts for the If the conveyance occurs within 18 H.R. 992, as amended. impounding, storage, and carriage of months, the Bureau of Reclamation The question was taken; and (two- nonproject water using facilities asso- should be expected to pay up to 50 per- thirds having voted in favor thereof) ciated with the Solano Project, Cali- cent of the costs of complying with the the rules were suspended and the bill, fornia. In addition, any Warren Act requirements of NEPA incurred as a di- as amended, was passed. contract affecting the Solano Project rect result of executing this title trans- A motion to reconsider was laid on will be conducted with full compliance fer. the table. of all applicable environmental re- Again, I would like to thank my col- f quirements. leagues, especially the gentleman from SOLANO WATER IMPOUNDMENT I urge an aye vote on the bill. Mr. Speaker, I reserve the balance of California (Mr. MILLER), and the Bu- AND CONVEYANCE ACT reau of Reclamation for their work in my time. assuring the passage of this important Mr. DOOLITTLE. Mr. Speaker, I Mr. UNDERWOOD. Mr. Speaker, I legislation. I would urge an aye vote on move to suspend the rules and pass the yield myself such time as I may con- the the bill. bill (H.R. 1235) to authorize the Sec- sume. Mr. Speaker, I reserve the balance of retary of the Interior to enter into con- (Mr. UNDERWOOD asked and was my time. tracts with the Solano County Water given permission to revise and extend Mr. UNDERWOOD. Mr. Speaker, I Agency, California, to use Solano his remarks.) yield myself such time as I may con- Project facilities for impounding, stor- Mr. UNDERWOOD. Mr. Speaker, H.R. sume. age, and carriage of nonproject water 1235 was introduced on March 23, 1999, (Mr. UNDERWOOD asked and was for domestic, municipal, industrial, by the gentleman from California (Mr. given permission to revise and extend and other beneficial purposes. GEORGE MILLER). The gentleman from his remarks.) The Clerk read as follows: California (Mr. GEORGE MILLER), our Mr. UNDERWOOD. Mr. Speaker, the H.R. 1235 friend and colleague, is, of course, the committee has for more than a decade Be it enacted by the Senate and House of senior Democrat on the Committee on been considering various proposals to Representatives of the United States of America Resources; but he also represents Cali- transfer ownership of the Sly Park in Congress assembled, fornia’s 7th Congressional District, Unit of the Central Valley Project. SECTION 1. USE OF SOLANO PROJECT FACILI- which includes the city of Vallejo; and, TIES FOR NONPROJECT WATER. Many of the proposals we have seen unfortunately, he is not able to be with (a) AUTHORIZATION.—The Secretary of the us at this time. have been so controversial that it has Interior is authorized to enter into contracts been impossible to secure passage of a with the Solano County Water Agency, or The city of Vallejo has requested bill. any of its member unit contractors for water congressional approval of its proposal We finally have a bill that resolves from the Solano Project, California, pursu- to use excess capacity in a Bureau of the most contentious issues, and the ant to the Act of February 21, 1911 (43 U.S.C. Reclamation project canal to move majority has worked with the adminis- 523), for— part of its raw municipal water supply tration to reach agreement on lan- (1) the impounding, storage, and carriage to a new water treatment plant. Legis- of nonproject water for domestic, municipal, guage that ensures the environmental lation must be enacted because a limi- industrial, and other beneficial purposes, tation in Federal law currently pro- review process will not be waived. using any facilities associated with the So- hibits the city in sharing space in an b 1500 lano Project, California; and (2) the exchange of water among Solano existing Federal water delivery canal. The bill provides a financial solution Project contractors, for the purposes set Once this legislation is enacted, that reflects agreement with the Office forth in paragraph (1), using facilities associ- Vallejo will be able to negotiate and of Management and Budget. The man- ated with the Solano Project, California. sign a so-called Warren Act contract to

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.038 pfrm12 PsN: H01PT1 H11162 CONGRESSIONAL RECORD — HOUSE November 1, 1999 wheel some of its water supply from its A motion to reconsider was laid on that requirement shall be satisfied by an Lake Curry storage reservoir through a the table. electronic record if— (i) the consumer has separately and affirm- specific and limited part of the Putah f South Canal. In doing so, Vallejo will atively consented to the provision or avail- GENERAL LEAVE ability of such record, or identified groups of be able to keep its current water per- records that that include such record, as an mit active. Mr. DOOLITTLE. Mr. Speaker, I ask electronic record; and The Putah South Canal serves the unanimous consent that all Members (ii) has not withdrawn such consent; and Solano Project, constructed by the Bu- may have 5 legislative days within (B) if such statute, regulation, or other reau of Reclamation in the 1950s. which to revise and extend their re- rule of law requires that a record be re- Vallejo’s proposal has been carefully marks on the bills just passed, H.R. 862, tained, that requirement shall be satisfied if such record complies with the requirements negotiated by the Solano Water Au- H.R. 992, and H.R. 1235. thority and other Solano Project water of subparagraphs (A) and (B) of subsection The SPEAKER pro tempore. Is there (c)(1). users, including the City of Fairfield. objection to the request of the gen- Vallejo is prepared to pay all appro- (c) RETENTION OF CONTRACTS, AGREEMENTS, tleman from California? AND RECORDS.— priate charges for the use of this facil- There was no objection. (1) ACCURACY AND ACCESSIBILITY.—If a stat- ity. There will be no cost to the U.S. ute, regulation, or other rule of law requires f Many California water agencies are that a contract, agreement, or record be in becoming much more accustomed to ELECTRONIC SIGNATURES IN writing or be retained, that requirement is using various facilities, some of them GLOBAL AND NATIONAL COM- met by retaining an electronic record of the Federal, some State, some private, to information in the contract, agreement, or MERCE ACT facilitate the movement and transfer record that— of water more efficiently around the Mr. BLILEY. Mr. Speaker, I move to (A) accurately reflects the information set State. There are both State and Fed- suspend the rules and pass the bill forth in the contract, agreement, or record eral initiatives to encourage more effi- (H.R. 1714) to facilitate the use of elec- after it was first generated in its final form tronic records and signatures in inter- as an electronic record; and cient water use, and many of the var- (B) remains accessible, for the period re- ious CALFED programs focus on im- state or foreign commerce, as amend- quired by such statute, regulation, or rule of proved water management. ed. law, for later reference, transmission, and H.R. 1235 is part of that ongoing ef- The Clerk read as follows: printing. fort to bring some flexibility into our H.R. 1714 (2) EXCEPTION.—A requirement to retain a water management policies while con- Be it enacted by the Senate and House of contract, agreement, or record in accordance tinuing to meet important statutory, Representatives of the United States of America with paragraph (1) does not apply to any in- fiscal, and environmental require- in Congress assembled, formation whose sole purpose is to enable the contract, agreement, or record to be ments. SECTION 1. SHORT TITLE. sent, communicated, or received. Execution of a Warren Act contract This Act may be cited as the ‘‘Electronic (3) ORIGINALS.—If a statute, regulation, or to benefit the city of Vallejo will re- Signatures in Global and National Com- other rule of law requires a contract, agree- quire full compliance with Federal and merce Act’’. ment, or record to be provided, available, or State and environmental laws and reg- TITLE I—VALIDITY OF ELECTRONIC retained in its original form, or provides con- ulations. We want to assure that no RECORDS AND SIGNATURES FOR COM- sequences if the contract, agreement, or damage is done to the steelhead fishery MERCE record is not provided, available, or retained that is returning to Suisun Creek or to SEC. 101. GENERAL RULE OF VALIDITY. in its original form, that statute, regulation, other resources. (a) GENERAL RULE.—With respect to any or rule of law is satisfied by an electronic The record of the committee’s con- contract, agreement, or record entered into record that complies with paragraph (1). sideration of H.R. 1235 includes cor- or provided in, or affecting, interstate or for- (4) CHECKS.—If a statute, regulation, or respondence from the Bureau of Rec- eign commerce, notwithstanding any stat- other rule of law requires the retention of a ute, regulation, or other rule of law, the check, that requirement is satisfied by re- lamation, clearly indicating that all tention of an electronic record of all the in- environment compliance requirements legal effect, validity, or enforceability of such contract, agreement, or record shall not formation on the front and back of the check must be met before execution of a War- be denied— in accordance with paragraph (1). ren Act contract to benefit the city of (1) on the ground that the contract, agree- SEC. 102. AUTHORITY TO ALTER OR SUPERSEDE Vallejo. Those include the requirement, or record is not in writing if the con- GENERAL RULE. ments of the National Environmental tract, agreement, or record is an electronic (a) PROCEDURE TO ALTER OR SUPERSEDE.— Policy Act of 1969, the California Envi- record; or Except as provided in subsection (b), a State ronmental Quality Act, the Endan- (2) on the ground that the contract, agree- statute, regulation, or other rule of law may gered Species Act, State Fish and ment, or record is not signed or is not af- modify, limit, or supersede the provisions of Game Department regulations, and all firmed by a signature if the contract, agree- section 101 if such statute, regulation, or ment, or record is signed or affirmed by an rule of law— other environmental mandates. electronic signature. (1)(A) constitutes an enactment or adop- Mr. Speaker, H.R. 1235 is important (b) AUTONOMY OF PARTIES IN COMMERCE.— tion of the Uniform Electronic Transactions to the city of Vallejo, and this legisla- (1) IN GENERAL.—With respect to any con- Act as reported to the State legislatures by tion is not controversial. tract, agreement, or record entered into or the National Conference of Commissioners I wish to congratulate the gentleman provided in, or affecting, interstate or for- on Uniform State Laws; or from California (Mr. GEORGE MILLER) eign commerce— (B) specifies the alternative procedures or on this important piece of legislation (A) the parties to such contract, agree- requirements for the use or acceptance (or and thank the chairman for his co- ment, or record may establish procedures or both) of electronic records or electronic sig- operation and collaboration on this requirements regarding the use and accept- natures to establish the legal effect, validity, or enforceability of contracts, agree- legislation. I urge my colleagues to ance of electronic records and electronic signatures acceptable to such parties; ments, or records; and support H.R. 1235. (B) the legal effect, validity, or enforce- (2) if enacted or adopted after the date of Mr. Speaker, I yield back the balance ability of such contract, agreement, or enactment of this Act, makes specific ref- of my time. record shall not be denied because of the erence to this Act. Mr. DOOLITTLE. Mr. Speaker, I urge type or method of electronic record or elec- (b) LIMITATIONS ON ALTERATION OR SUPER- an aye vote, and I yield back the bal- tronic signature selected by the parties in SESSION.—A State statute, regulation, or ance of my time. establishing such procedures or require- other rule of law (including an insurance The SPEAKER pro tempore. The ments; and statute, regulation, or other rule of law), re- question is on the motion offered by (C) nothing in this section requires any gardless of its date of enactment or adop- the gentleman from California (Mr. party to use or accept electronic records or tion, that modifies, limits, or supersedes sec- electronic signatures. tion 101 shall not be effective to the extent DOOLITTLE) that the House suspend the (2) CONSENT TO ELECTRONIC RECORDS.—Not- that such statute, regulation, or rule— rules and pass the bill, H.R. 1235. withstanding subsection (a) and paragraph (1) discriminates in favor of or against a The question was taken; and (two- (1) of this subsection— specific technology, process, or technique of thirds having voted in favor thereof) (A) if a statute, regulation, or other rule of creating, storing, generating, receiving, the rules were suspended and the bill law requires that a record be provided or communicating, or authenticating electronic was passed. made available to a consumer in writing, records or electronic signatures;

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.041 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11163 (2) discriminates in favor of or against a or other record created, stored, generated, natures in accordance with the principles specific type or size of entity engaged in the received, or communicated by electronic specified in paragraph (2) and in a manner business of facilitating the use of electronic means. consistent with section 101 of this Act. The records or electronic signatures; (2) ELECTRONIC SIGNATURE.—The term Secretary of Commerce shall take all actions (3) is based on procedures or requirements ‘‘electronic signature’’ means information or necessary in a manner consistent with such that are not specific or that are not publicly data in electronic form, attached to or logi- principles to eliminate or reduce, to the available; or cally associated with an electronic record, maximum extent possible, the impediments (4) is otherwise inconsistent with the pro- and executed or adopted by a person or an to commerce in electronic signatures, in- visions of this title. electronic agent of a person, with the intent cluding those identified in the inquiries (c) EXCEPTION.—Notwithstanding sub- to sign a contract, agreement, or record. under subsection (a) for the purpose of facili- section (b), a State may, by statute, regula- (3) ELECTRONIC.—The term ‘‘electronic’’ tating the development of interstate and for- tion, or rule of law enacted or adopted after means of or relating to technology having eign commerce. the date of enactment of this Act, require electrical, digital, magnetic, optical, electro- (2) PRINCIPLES.—The principles specified in specific notices to be provided or made avail- magnetic, or similar capabilities regardless this paragraph are the following: able in writing if such notices are necessary of medium. (A) Free markets and self-regulation, rath- for the protection of the safety or health of (4) ELECTRONIC AGENT.—The term ‘‘elec- er than government standard-setting or an individual consumer. A consumer may tronic agent’’ means a computer program or rules, should govern the development and not, pursuant to section 101(b)(2), consent to an electronic or other automated means used use of electronic records and electronic sig- the provision or availability of such notice independently to initiate an action or re- natures. solely as an electronic record. spond to electronic records in whole or in (B) Neutrality and nondiscrimination SEC. 103. SPECIFIC EXCLUSIONS. part without review by an individual at the should be observed among providers of and (a) EXCEPTED REQUIREMENTS.—The provi- time of the action or response. technologies for electronic records and elec- sions of section 101 shall not apply to a con- (5) RECORD.—The term ‘‘record’’ means in- tronic signatures. tract, agreement, or record to the extent it formation that is inscribed on a tangible me- (C) Parties to a transaction should be per- is governed by— dium or that is stored in an electronic or mitted to establish requirements regarding (1) a statute, regulation, or other rule of other medium and is retrievable in per- the use of electronic records and electronic law governing the creation and execution of ceivable form. signatures acceptable to such parties. wills, codicils, or testamentary trusts; (6) FEDERAL REGULATORY AGENCY.—The (D) Parties to a transaction— (2) a statute, regulation, or other rule of term ‘‘Federal regulatory agency’ means an (i) should be permitted to determine the law governing adoption, divorce, or other agency, as that term is defined in section appropriate authentication technologies and matters of family law; 552(f) of title 5, United States Code, that is implementation models for their trans- (3) the Uniform Commercial Code, as in ef- authorized by Federal law to impose require- actions, with assurance that those tech- fect in any State, other than sections 1-107 ments by rule, regulation, order, or other nologies and implementation models will be and 1-206 and Articles 2 and 2A; legal instrument. recognized and enforced; and (4) any requirement by a Federal regu- (7) SELF-REGULATORY ORGANIZATION.—The (ii) should have the opportunity to prove in latory agency or self-regulatory organization term ‘‘self-regulatory organization’’ means court or other proceedings that their authen- that records be filed or maintained in a spec- an organization or entity that is not a Fed- tication approaches and their transactions ified standard or standards (including a spec- eral regulatory agency or a State, but that is are valid. ified format or formats), except that nothing under the supervision of a Federal regu- (E) Electronic records and electronic sig- in this paragraph relieves any Federal regulatory agency and is authorized under Fed- natures in a form acceptable to the parties latory agency of its obligations under the eral law to adopt and administer rules appli- should not be denied legal effect, validity, or Government Paperwork Elimination Act cable to its members that are enforced by enforceability on the ground that they are (title XVII of Public Law 105–277); such organization or entity, by a Federal not in writing. (5) the Uniform Anatomical Gift Act; or regulatory agency, or by another self-regu- (F) De jure or de facto imposition of stand- (6) the Uniform Health-Care Decisions Act. latory organization. ards on private industry through foreign (b) ADDITIONAL EXCEPTIONS.—The provi- adoption of regulations or policies with re- sions of section 101 shall not apply to— TITLE II—DEVELOPMENT AND ADOPTION spect to electronic records and electronic (1) any contract, agreement, or record en- OF ELECTRONIC SIGNATURE PRODUCTS signatures should be avoided. tered into between a party and a State agen- AND SERVICES (G) Paper-based obstacles to electronic cy if the State agency is not acting as a mar- SEC. 201. TREATMENT OF ELECTRONIC SIGNA- transactions should be removed. ket participant in or affecting interstate TURES IN INTERSTATE AND FOR- (c) CONSULTATION.—In conducting the ac- commerce; EIGN COMMERCE. tivities required by this section, the Sec- (2) court orders or notices, or official court (a) INQUIRY REGARDING IMPEDIMENTS TO retary shall consult with users and providers documents (including briefs, pleadings, and COMMERCE.— of electronic signature products and services other writings) required to be executed in (1) INQUIRIES REQUIRED.—Within 180 days and other interested persons. connection with court proceedings; or after the date of the enactment of this Act, (d) PRIVACY.—Nothing in this section shall (3) any notice concerning— and biennially thereafter, the Secretary of Commerce, acting through the Assistant be construed to require the Secretary or the (A) the cancellation or termination of util- Assistant Secretary to take any action that ity services (including water, heat, and Secretary for Communications and Informa- tion, shall complete an inquiry to— would adversely affect the privacy of con- power); sumers. (B) default, acceleration, repossession, (A) identify any domestic and foreign im- (e) DEFINITIONS.—As used in this section, foreclosure, or eviction, or the right to cure, pediments to commerce in electronic signature products and services and the manners the terms ‘‘electronic record’’ and ‘‘elec- under a credit agreement secured by, or a tronic signature’’ have the meanings pro- rental agreement for, a primary residence of in which and extent to which such impediments inhibit the development of interstate vided in section 104 of the Electronic Signa- an individual; or tures in Global and National Commerce Act. (C) the cancellation or termination of and foreign commerce; health insurance or benefits or life insurance (B) identify constraints imposed by foreign TITLE III—USE OF ELECTRONIC RECORDS benefits (excluding annuities). nations or international organizations that AND SIGNATURES UNDER FEDERAL SE- CURITIES LAW SEC. 104. STUDY. constitute barriers to providers of electronic (a) FOLLOWUP STUDY.—Within 5 years after signature products or services; and SEC. 301. GENERAL VALIDITY OF ELECTRONIC the date of enactment of this Act, the Sec- (C) identify the degree to which other na- RECORDS AND SIGNATURES. retary of Commerce, acting through the As- tions and international organizations are Section 3 of the Securities Exchange Act of sistant Secretary for Communications and complying with the principles in subsection 1934 (15 U.S.C. 78c) is amended by adding at Information, shall conduct an inquiry re- (b)(2). the end the following new subsection: garding any State statutes, regulations, or (2) SUBMISSION.—The Secretary shall sub- ‘‘(h) REFERENCES TO WRITTEN RECORDS AND other rules of law enacted or adopted after mit a report to the Congress regarding the SIGNATURES.— such date of enactment pursuant to section results of each such inquiry within 90 days ‘‘(1) GENERAL VALIDITY OF ELECTRONIC 102(a), and the extent to which such statutes, after the conclusion of such inquiry. Such re- RECORDS AND SIGNATURES.—Except as other- regulations, and rules comply with section port shall include a description of the ac- wise provided in this subsection— 102(b). tions taken by the Secretary pursuant to ‘‘(A) if a contract, agreement, or record (as (b) REPORT.—The Secretary shall submit a subsection (b) of this section. defined in subsection (a)(37)) is required by report to the Congress regarding the results (b) PROMOTION OF ELECTRONIC SIGNA- the securities laws or any rule or regulation of such inquiry by the conclusion of such 5- TURES.— thereunder (including a rule or regulation of year period. (1) REQUIRED ACTIONS.—The Secretary of a self-regulatory organization), and is re- SEC. 105. DEFINITIONS. Commerce, acting through the Assistant quired by Federal or State statute, regula- For purposes of this title: Secretary for Communications and Informa- tion, or other rule of law to be in writing, (1) ELECTRONIC RECORD.—The term ‘‘election, shall promote the acceptance and use, the legal effect, validity, or enforceability of tronic record’’ means a writing, document, on an international basis, of electronic sig- such contract, agreement, or record shall not

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.013 pfrm12 PsN: H01PT1 H11164 CONGRESSIONAL RECORD — HOUSE November 1, 1999 be denied on the ground that the contract, form, or to be in a specified standard or The bill we have before us today is agreement, or record is not in writing if the standards (including a specified format or the product of extensive research, care- contract, agreement, or record is an elec- formats). ful examination of the issues, com- tronic record; ‘‘(6) DEFINITIONS.—As used in this sub- mittee hearings and mark-ups, and ex- ‘‘(B) if a contract, agreement, or record is section: required by the securities laws or any rule or ‘‘(A) ELECTRONIC RECORD.—The term ‘elec- tensive negotiations with our col- regulation thereunder (including a rule or tronic record’ means a writing, document, or leagues across the aisle and many regulation of a self-regulatory organization), other record created, stored, generated, re- other interested parties. and is required by Federal or State statute, ceived, or communicated by electronic Finally, it is a recognition of a posi- regulation, or other rule of law to be signed, means. tive step that Congress can take to the legal effect, validity, or enforceability of ‘‘(B) ELECTRONIC SIGNATURE.—The term help electronic commerce and the new such contract, agreement, or record shall not ‘‘electronic signature’’ means information or economy continue to grow. be denied on the ground that such contract, data in electronic form, attached to or logi- Mr. Speaker, as many of my col- agreement, or record is not signed or is not cally associated with an electronic record, leagues know, H.R. 1714 was first sched- affirmed by a signature if the contract, and executed or adopted by a person or an agreement, or record is signed or affirmed by electronic agent of a person, with the intent uled to be considered on the House an electronic signature; and to sign a contract, agreement, or record. floor 2 weeks ago. After discussions ‘‘(C) if a broker, dealer, transfer agent, in- ‘‘(C) ELECTRONIC.—The term ‘electronic’ with the gentleman from Massachu- vestment adviser, or investment company means of or relating to technology having setts (Mr. MARKEY), I asked that this enters into a contract or agreement with, or electrical, digital, magnetic, optical, electro- bill be withdrawn from consideration accepts a record from, a customer or other magnetic, or similar capabilities regardless so that we could continue negotiations counterparty, such broker, dealer, transfer of medium.’’. agent, investment adviser, or investment with him and the gentleman from company may accept and rely upon an elec- The SPEAKER pro tempore. Pursu- Michigan (Mr. DINGELL) over a number tronic signature on such contract, agree- ant to the rule, the gentleman from of outstanding issues. ment, or record, and such electronic signa- Virginia (Mr. BLILEY) and the gen- The amended version of the bill as ture shall not be denied legal effect, validity, tleman from Massachusetts (Mr. MAR- before us today is the product of or enforceability because it is an electronic KEY) each will control 20 minutes. lengthy negotiations with the Com- signature. The Chair recognizes the gentleman mittee on Commerce minority and ‘‘(2) IMPLEMENTATION.— from Virginia (Mr. BLILEY). with the Committee on the Judiciary. ‘‘(A) REGULATIONS.—The Commission may prescribe such regulations as may be nec- GENERAL LEAVE As of the middle of last week, I be- essary to carry out this subsection con- Mr. BLILEY. Mr. Speaker, I ask lieved that we had reached a sub- sistent with the public interest and the pro- unanimous consent that all Members stantive agreement on the text we are tection of investors. may have 5 legislative days within debating today. ‘‘(B) NONDISCRIMINATION.—The regulations which to revise and extend their re- Numerous changes were made to the prescribed by the Commission under sub- marks and to insert extraneous mate- text of the bill on a good-faith effort by paragraph (A) shall not— rial on the bill, H.R. 1714. me to address the legitimate concerns ‘‘(i) discriminate in favor of or against a specific technology, method, or technique of The SPEAKER pro tempore. Is there raised about the bill by some of our creating, storing, generating, receiving, objection to the request of the gen- colleagues. These changes include add- communicating, or authenticating electronic tleman from Virginia? ing a new opt-in provision to prevent records or electronic signatures; or There was no objection. consumers from being forced to use or ‘‘(ii) discriminate in favor of or against a Mr. BLILEY. Mr. Speaker, I yield accept electronic records. In addition, specific type or size of entity engaged in the myself such time as I may consume. we added brand-new carve-outs prohib- business of facilitating the use of electronic Mr. Speaker, last year, the Com- iting use of electronic records where records or electronic signatures. mittee on Commerce began an initia- those records are necessary for protec- ‘‘(3) EXCEPTIONS.—Notwithstanding any other provision of this subsection— tive to better understand the issues tion of a consumer’s health, safety, and ‘‘(A) the Commission, an appropriate regu- surrounding the Internet and elec- home. latory agency, or a self-regulatory organiza- tronic commerce. As part of this initia- Unfortunately, all of this hard work tion may require that records be filed or tive, the committee held 11 hearings, has fallen victim to partisan politics. maintained in a specified standard or stand- focusing on a variety of electronic The administration, after publicly sup- ards (including a specified format or for- commerce issues. porting the need for electronic signa- mats) if the records are required to be sub- One of the issues that was raised re- ture legislation, has decided that they mitted to the Commission, an appropriate peatedly at the hearings was the need regulatory agency, or a self-regulatory orga- must deny Congressional Republicans a nization, respectively, or are required by the to provide enforceability to electronic victory on this important technology Commission, an appropriate regulatory signatures and electronic records. This legislation. agency, or a self-regulatory organization to issue is really quite simple: Does an It is my understanding that last be retained; and electronically signed contract formed week officials from the administration ‘‘(B) the Commission may require that con- over the Internet have the same legal met with Members of the Democrat tracts, agreements, or records relating to validity as a paper contract with a leadership in the House and persuaded purchases and sales, or establishing accounts handwritten signature? Do electronic some House Members to withdraw their for conducting purchases and sales, of penny stocks be manually signed, and may require records have the same legal effect as a support from H.R. 1714, despite the such manual signatures with respect to paper record? agreement we had reached and after transactions in similar securities if the Com- In most cases, the answer is either no many days of negotiations. This is a mission determines that such securities are or uncertain. The lack of legal cer- shame. susceptible to fraud and that such fraud tainty for electronic signatures and Since that time, many false and mis- would be deterred or prevented by requiring records has been cited for many in the leading charges have been made manual signatures. e-commerce industry as a potential against H.R. 1714. The bill has come ‘‘(4) RELATION TO OTHER LAW.—The provi- roadblock for the growth of electronic under attack by opponents of tech- sions of this subsection apply in lieu of the commerce. To address this issue, ear- provisions of title I of the Electronic Signa- nology legislation who claim that H.R. tures in Global and National Commerce Act lier this year I introduced H.R. 1714, 1714 would harm consumers. Mr. Speak- to a contract, agreement, or record (as de- the Electronic Signatures in Global er, these claims are absolutely false. fined in subsection (a)(37)) that is required and National Commerce Act, better The consumer provisions contained in by the securities laws. known as E-SIGN. H.R. 1714 keep in place all existing con- ‘‘(5) SAVINGS PROVISION.—Nothing in this The purpose of this legislation is to sumer protection laws and fully pro- subsection applies to any rule or regulation provide a uniform nationwide standard tect consumers. under the securities laws (including a rule or for electronic signatures and electronic Mr. Speaker, it is unfortunate that regulation of a self-regulatory organization) records. It creates a minimum Federal such an important technology bill has that is in effect on the date of enactment of the Electronic Signatures in Global and Na- standard to promote interstate com- come under attack. If we want the tional Commerce Act and that requires a merce, but E-SIGN recognizes the ef- Internet and electronic commerce to contract, agreement, or record to be in writ- forts of States to enact their own uni- continue to grow, we must pass H.R. ing, to be submitted or retained in original form laws. 1714 providing the much needed legal

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.013 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11165 certainty to electronic signatures and b 1515 Mr. MARKEY. Mr. Speaker, I yield records. Mr. BLILEY. Mr. Speaker, I yield 3 such time as he may consume to the H.R. 1714 is one of the most impor- minutes to the gentleman from Ohio gentleman from Minnesota (Mr. tant high technology votes that this (Mr. OXLEY), chairman of the Sub- VENTO). Congress will undertake. If my col- committee on Finance and Hazardous Mr. VENTO. Mr. Speaker, I thank leagues support the U.S. high-tech in- Materials of the Committee on Com- the gentleman for yielding me this dustry, they will vote yes on this bill. merce. time, and I, without equivocation, rise A vote in support of H.R. 1714 is a Mr. OXLEY. Mr. Speaker, I thank in strong opposition to this legislation. vote in support of providing consumers the gentleman for yielding me this I obviously understand the problem with greater security and on-line time, and I rise in strong support of that the committee was trying to solve transactions. It is a vote in support of H.R. 1714, the Electronic Signatures in and the necessity to deal with elec- allowing businesses to provide new and Global and National Commerce Act. tronic or e-commerce, and to try to innovative services online. Commerce on the Internet is pro- provide the legal framework which I urge all of my colleagues to reject jected to grow exponentially to hun- would be workable for such trans- baseless charges against the bill and dreds of billions of dollars in transactions to go forward. That is an im- support H.R. 1714. actions in just a few years. Because the perative that needs to be addressed in Mr. Speaker, I reserve the balance of access to financial information has im- terms of this Congress and I am sure in my time. proved dramatically, the Internet poses subsequent Congresses. The fact of the significant opportunities for more Mr. MARKEY. Mr. Speaker, I yield matter is, though, that this bill, while Americans to become directly involved myself as much time as I may con- being dealt with in the Committee on in the capital markets. Commerce in the House and the Com- sume. The Subcommittee on Finance and Mr. Speaker, I would just like to say mittee on the Judiciary, there was a Hazardous Materials, which I chair, reluctance to in fact provide the Com- that there really is not a gulf that ex- held hearings on this bill and passed it ists between Democrats and Repub- mittee on Banking and Financial Serv- through subcommittee unanimously. ices with an opportunity to look at the licans over our support for electronic This bill will provide a critical corner- commerce. That is clearly something legislation. stone for the electronic financial trans- That in and of itself would be under- that the Committee on Commerce has actions in the next century. standable if in fact the issues dealt been working on for the last 15 years. The securities industry has re- with, in regards to consumer and con- Every single bill has been able to be sponded to the new world of e-com- sumer safeguards, were in fact properly produced with near unanimity. It is merce with a proliferation of on-line dealt with in this legislation. This is clearly a tribute to our committee that trading brokers. Today, millions of not a jurisdictional fight on my part. we have been able to work together in Americans trade securities and manage In fact, I was quite surprised to see this that fashion. their investments on-line. The cost bill on the calendar a couple of weeks At the full committee level, we savings to investors are significant. ago. My impression was that it was a worked closely with the majority on a Full service brokerage can cost as very narrow bill that dealt with some bill that dealt with electronic signa- much as $400 per trade. On-line broker- transactions and tried to, in fact, pro- tures; and we really worked together in age costs less than $10 per trade at vide legal sanctity to an electronic sig- a very bipartisan fashion. Since the many firms. nature, which, as I said, makes some The law needs to keep up with this full committee, the whole notion of the sense. But in the process of going for- significant technological development. bill has been broadened out to include ward and reviewing the bill more close- H.R. 1714 brings legal certainty to elec- records as well, another issue area that ly, my recognition and understanding tronic transactions. The legislation is quite complex but resolvable and one of this bill grew that it encompasses states that contracts shall not be in which I thought that we had made much more than simply an electronic deemed invalid because they are en- enormous progress. In fact, I know we signature. tered into electronically rather than had made enormous progress through In fact, this legislation would under- the old-fashioned way, by handwritten the end of last week. mine some of the fundamental con- It was clearly our intent to have signature. One goal of this legislation is to sumer laws that we have that relate to worked with the majority to, once financial institutions and agreements, again, demonstrate our ability to work allow customers to open accounts on line without mandating a physical sig- such as truth in lending, so an indi- in a bipartisan fashion in this area. It vidual knows what his proper amount was our hope that, at the end of the nature on a brokerage agreement and mailing it back to the broker. Title III of interest is, and he would receive de- day, that would be the case. tailed information. They could opt for I commend the gentleman from Vir- of this legislation modernizes securities laws by providing that require- that electronically and, thereafter, ginia (Chairman BLILEY) for including that would be sufficient. Provided that a provision allowing consumers to de- ments for a writing can be satisfied by an electronic signature with just a that consumer did not make any other cide whether to opt in to receive con- choice under this bill, they would never tractual documents in electronic form. click of a button. The legislation does not endorse any receive this as a paper document, in This opt-in provision goes a long way particular electronic authentication fact, it would only be an electronic towards ensuring that consumers do technology. We think that the market record. not unwittingly forgo existing protec- is the best place to decide that. There are all sorts of problems that tions under State and Federal law. I want to commend the gentleman could go down. The assumption here is However, there were other issues from Virginia (Mr. BLILEY) for his vi- that someone is going to have a com- that are also in play that include what sion and introducing this critical legis- puter and be on the Internet forever; kind of notice, whether it be con- lation that will benefit the future of that the format is not going to change; spicuous or otherwise, that consumers American economy. This is not just a that the printer works; that there is are entitled to under existing laws to bill that will benefit the American paper in the printer. There are many receive these documents in writing. companies that develop new tech- other assumptions that simply do not So, again, we are quite regretful on nology, it will also help American busi- fit in terms of what the consequence this side because we clearly would like nesses, large and small, that use tech- would be with regards to consumers. to support a piece of legislation that nology to develop and grow their busi- I have already mentioned truth in advances these goals and could be ness and provide new and innovative lending. The Real Estate Sales Prac- passed on a bipartisan near-unanimous service to consumers. tices Act, RESPA law is another one, vote out here on the floor. But at this Mr. Speaker, I urge Members to sup- the Real Estate Sales Practices Act, point I have to regretfully ask the port this sound and worthwhile legisla- where an individual gets a preliminary Members to vote no. tion, one of the key pieces of tech- set of documents that estimates what Mr. Speaker, I reserve the balance of nology legislation this Congress will the costs are going to be for closing my time. consider. when a home is purchased, and then a

VerDate 29-OCT-99 02:14 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.043 pfrm12 PsN: H01PT1 H11166 CONGRESSIONAL RECORD — HOUSE November 1, 1999 final set of documents at that closing. Conference of State Legislatures, as I the growth of e-commerce because Again, this paperwork is absolutely mentioned, the National Center on many parties are unwilling to risk en- paramount for people to understand Poverty Law, and many others opposed tering into contracts on line without some of the most important trans- to this, I think to bring a bill up like the certainty that those signatures are actions that they become involved with this on suspension is to make, in a legally binding nationally. H.R. 1714 es- with regards to their financial affairs. sense, a mockery of the importance of tablishes a single standard for the ac- I note that there are some provisions the subject matter and the ability of ceptance of electronic signatures and in the law that are accepted, and some Members to shape and form legislation records and will give both businesses opportunity for States to step in after of this import to the American con- and consumers the same confidence in this bill is enacted, provided they pass sumer and to our constituents. the legal validity of an on-line agree- a whole series of legislation or laws Mr. Speaker, I thank the gentleman ment that they have today in a writ- that address specifically some of the for his generous yielding of time to me, ten, binding agreement signed by two concerns that they now have in force and I urge opposition to this bill. or more contracting parties. and effect as State laws. The con- Mr. BLILEY. How much time do I Another critical feature of this legis- sequence, of course, is all subjected to have left, Mr. Speaker? lation is the balance it strikes between the fact that any interpretation of dif- The SPEAKER pro tempore (Mr. encouraging growth in electronic com- ferences between having things on PETRI). The gentleman from Virginia merce and minimizing the role that the paper or having an electronic form (Mr. BLILEY) has 13 minutes remaining. Federal Government plays in the mar- could be subject to and considered dis- Mr. BLILEY. Mr. Speaker, I yield 5 ketplace. In addition to the gap this crimination under the Federal law that minutes to the gentleman from North- measure fills in establishing a uniform is being written and proposed on this ern Virginia (Mr. DAVIS), the original standard, what is equally important is floor today; so that this State reserva- cosponsor of the bill. that this legislation does not entrench tion is much depreciated if in fact it (Mr. DAVIS of Virginia asked and specific electronic signature tech- exists at all under this measure. was given permission to revise and ex- nologies by dictating what methods So the consequences may very well tend his remarks.) will be used for verifying and vali- be, in some cases, meaningless under Mr. DAVIS of Virginia. Mr. Speaker, dating digital signatures and records. that interpretation of the law. Fur- I rise today to voice my strong support Instead, the E-SIGN bill allows the par- thermore, of course, the States them- for H.R. 1714. As an original cosponsor, ties to set their own procedures for selves, the National Conference of I am pleased to stand here today with using electronic signatures and elec- State Legislatures, the Office of State- my colleague, the gentleman from Vir- tronic records in interstate commerce. Federal Relations, has issued a strong ginia (Mr. BLILEY), to urge my col- As a result, when the future brings new objection to this bill; that it preempts leagues to vote in favor of legislation technologies it will be the market- State consumer protections in contract that I think is the critical first step in place, not government regulations, law, just as I feel it preempts and does reconciling our legal system with mod- that drives the development of those not treat properly some of the Federal ern day technology. The E-SIGN bill is that succeed. laws that occur with regards to truth essential to fostering the continued A vote for this legislation is a vote in lending and RESPA and many other growth of electronic commerce that is for technology and a vote for ensuring laws that are in force and effect that propelling America’s economy and our the evolution of Internet commerce represent safeguards and information prosperity in the Information Age. and the vitality of the American econ- and it is imperative that consumers Electronic commerce has been grow- omy. For this reason, I urge my col- have such information. ing at a tremendous pace, with the leagues to support the legislation. Of course, the out here is that con- number of Americans with access to Mr. Speaker, I want to take a second, sumers may in fact ‘‘opt out,’’ or ‘‘opt the Internet increasing nearly 900 per- if I can, to respond to some of the in’’ to suggest that they do not want cent since early 1993. In 1998, electronic charges coming from the other side this information in a paper form. But I commerce generated more than $300 that this legislation contains anti-con- would suggest to my colleagues that billion in U.S. revenue and was respon- sumer provisions. the relationship between a financial in- sible for over 1.2 billion jobs as of 1998. I have heard that this preempts ex- stitution granting a loan, granting a One estimate places the dollar volume isting consumer protection laws; I have mortgage, and that of a consumer is of business-to-business electronic com- heard that this legislation will force not exactly equal. That is to say when merce in 1998 at $27.4 billion, and the consumers into electronic trans- I go in for a loan, I am trying to keep projected volume for 1999 is $64.8 bil- actions; I have heard this will discrimi- that banker happy so that he would lion. Those numbers are expected to nate against consumers that do not make that loan to me. I think it is quadruple in the next 2 years alone. have computer access. These claims pretty well understood that in order to Consumer on-line sales have reached are false. do that, we want to make it as conven- more than $7 billion this year and are First, consumers are absolutely free ient for the banker and perhaps for expected to exceed $40 billion by 2002. If to choose or not choose to enter into ourselves at that moment. But that the trend continues, it is likely these electronic transactions. This bill clear- moment of convenience may well re- predictions are conservative. ly states that nothing requires any sult in a lack of understanding with re- The need for legal certainty and uni- party to use or accept electronic gards to what the consequences and the formity of laws is compelling if we are records or electronic signatures. This costs of these transactions would be to to encourage the continued growth of bill simply offers consumers the op- those individual consumers. electronic commerce. One of the big- tion, by mutual consent, to use elec- And, of course, throughout this there gest barriers to the explosion of electronic transactions should both parties is this ability of the individual to tronic commerce as the marketplace of determine that to be their preference. waive his or her rights with regards to the 21st century is the lack of cer- If a consumer does choose to conduct paper transactions and records in this tainty surrounding the legal accept- an on-line transaction, that consumer measure. No paper record, no docu- ance of electronic signatures used in is protected by the underlying Federal mentation, I think that that is folly. I conducting on-line contracts or agree- or State laws governing that trans- think it is a big mistake. ments. With the Internet as the com- action. If a State law requires that a I think that based on where we are at munications network of the future, in- notice or disclosure be made in writing, today, with the administration being creasing its use depends on developing then those traditional writings must opposed to this bill, many, many con- and retaining consumer and business continue to be delivered from the consumer groups voicing their opposition confidence in this unique problem. sumer. Nothing in this bill will nullify to it, including the National Consumer Although 44 States have already en- such existing State consumer protec- Law Center, the Consumer Federation acted legislation that would recognize tion laws. of America, groups like the United digital signatures, the differences For example, if a law requires that a Auto Workers, Consumer Union, Con- among these States and the lack of leg- consumer be provided a copy of a war- sumer Action, U.S. PIRG, the National islation in others are an impediment to ranty when purchasing an appliance,

VerDate 29-OCT-99 02:14 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.055 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11167 that consumer has to receive a copy of Administration Policy on this bill. the bill’s provisions, leaving the States pow- that warranty, whether that consumer They oppose it in specific particulars, erless to curb any abuse that the bill itself is at a shopping mall or on line. This and I would like at this point for it to fails to prevent. Third, the bill overrides all Federal and bill does absolutely nothing to alter be included in the RECORD. State laws or regulations concerning notices this long-established principle. H.R. 1714.—ELECTRONIC SIGNATURES IN necessary for the protection of safety, shel- However, before a consumer can re- GLOBAL AND NATIONAL COMMERCE ACT ter or health (there is a narrow exception for ceive an electronic copy of a warranty, The Administration strongly opposes notices relating to the termination of utility a consumer has to separately and af- House passage of the revised version of H.R. services, eviction or foreclosure of a primary firmatively consent to receive that 1714, the ‘‘Electronic Signatures in Global residence, or the termination of health or document electronically. That is, a and National Commerce Act.’’ The Adminis- life insurance). Although the States are per- consumer specifically must approve of tration believes that electronic commerce mitted to reinstate such regulations, the bill can provide substantial benefits to con- creates a gap in protection—in the critical receiving electronic documents in that sumers, and seeks to foster the expansion of area of safety and health—for the several portion of a contract or agreement, this medium. Secure electronic signatures years that inevitably will elapse before these telling the consumer that documents can play an important role in this area, and rules can be reenacted. Federal agencies he or she should receive electronically the Administration supports their develop- have no power to reinstate any Federal no- may not be buried in the fine print. ment and dissemination. However, the Ad- tice and disclosure requirements needed to ministration also believes strongly that indi- protect health, safety, or shelter. b 1530 viduals should have no fewer consumer pro- Fourth, the bill recognizes the importance If the consumer wants to receive a tections in the on-line world than they do in of preserving Federal regulations by requir- traditional paper warranty, he is abso- other forms of commerce. That disparity ing certain entities (including banks and lutely entitled to under this rule and could undermine consumer confidence in other financial institutions) to file or maintain records in a specified form, but fails to under this bill. But if a consumer con- electronic commerce, and impede the growth of this important new medium of trade. ensure that regulators’ safety and soundness sents to receive such documents elec- While some improvements have been made, authority will continue to allow the estab- tronically, as I think many of my con- H.R. 1714 still goes well beyond what is nec- lishment of minimum standards for com- stituents would like to do, that does essary to facilitate electronic commerce, and puter security and interoperability. The bill not mean that they may never return unnecessarily deprives consumers of impor- also preempts all State laws and regulations to receiving paper documents should tant protections. regarding the maintenance of records. As a they so wish. A consumer could with- The Administration believes that Federal result, entities regulated under state law, such as insurance companies, will be able to draw the consent to electronic docu- legislation is appropriate to ensure the validity of electronic agreements entered into decide for themselves how to maintain infor- ments at any time. by private parties under State law before the mation, thereby undermining regulators’ There are two main subsections in the con- States have an opportunity to enact the Uni- ability to ensure the soundness of these in- sent portion of the bill that explicitly constitute form Transactions Act (UETA). We therefore stitutions and to detect violations of the a consumers assent in the bill. One of these support the bill’s provisions affirming the laws and regulations governing them. critical subsections mandates that once the legal validity of contracts that are memori- Fifth, the bill contains a provision (adding consumer withdrawals his consent to receive alized and signed in electronic form. section 3(h)(1) to the Securities Exchange Act of 1934) that appears to preempt State documents electronically, the materials must The Administration also believes, as noted, that consumers must be granted the same and Federal record and signature require- be delivered in the traditional paper writing. ments, including those applicable to forms Finally, H.R. 1714 requires that electroni- protections on-line that they currently receive off-line under existing laws and regula- required under Federal and State tax laws cally delivered documents must accurately re- tions. Unfortunately, many Americans today and regulatory statutes such as ERISA (ex- flect the information agreed to at the time of do not enjoy reliable and regular access to isting Federal securities law requirements the transaction. In addition, any electronic the Internet. To ensure that an electronic are exempted from this broad waiver). This copy of a contract or document must be able disclosure will have the same impact upon means that the securities industry would to be printed or saved for future use by a con- consumers on-line as paper disclosure has have the right to force Federal and State sumer. now, regulators must have the authority to agencies to accept electronically signed doc- In sum, the allegations that H.R. 1714 con- make sure that electronic notices and disclo- uments immediately, even if, for example, the agency has not yet implemented an elec- tains anti-consumer ideas are unfounded. We sures will actually reach and be understood and retained by consumers. H.R. 1714 also tronic filing system. Title I of H.R. 1714 ap- have worked very hard throughout the process would allow businesses to condition credit or pears to preserve filing requirements in Fed- to reach consensus with both sides of the other services on a consumers’ consent to eral regulations (but not statutes) and in aisle and are confident that this bill represents notices or disclosures—even when the con- State laws, and we see no justification for es- a solid balance between protecting consumers sumer is incapable of receiving or retaining tablishing a special preferential rule for the and entering into agreements in the electronic them. The Administration strongly objects securities industry. arena. to this bill on several grounds. Finally, the bill contains other technical Mr. Speaker, it is vitally important for con- First, the bill purports to protect con- and drafting flaws likely to create the very confusion that it is supposed to eliminate. sumers to have safety, security and privacy in sumers by requiring them to ‘‘separately and affirmatively’’ consent to the use of elec- their online transactions. If consumers do not Mr. Speaker, this is a very inter- tronic records. Unfortunately, this provision esting point that we have reached in feel comfortable using this new technology, requires just an additional paragraph of they will abandon it. the history of electronic commerce. small print in the form contract prepared by We, in negotiating in good faith over I believe that the consumer provisions of a business. The notice to the consumer need H.R. 1714 will help consumers to feel com- not be conspicuous, the consumer need not the last month, had reached a point fortable when conducting online transactions. be told of his or her right to obtain informa- where most of the good players, most They will have the information they need to tion in the form required by law, and the of the honest business people in the make an informed decision, and they will have consumer need not be told which specific electronic commerce world had signed the right to accept, if they so choose, impor- records would be affected. More fundamen- off or were close to signing off on pro- tally, these current law notice and disclosure tant documentation in electronic format. tections for consumers. requirements were created to protect vulner- Most of them know, all of the good I urge all of my colleagues to support this able consumers allowing businesses to rede- important legislation that will help to promote business people know, that the contin- fine the protections based on ‘‘consent’’— ued growth of electronic commerce is the growth of electronic commerce and at the something that businesses may not do with same time protect consumers in online trans- respect to paper transactions—is thus an not contingent upon the ability of busi- actions. open invitation to consumer deception on a nesses online to be able to perpetrate Mr. MARKEY. Mr. Speaker, I would broad scale. fraud on consumers. They know that. inquire of the Chair how much time is Second, the scope of the bill’s preemption There are some, of course, that like remaining on either side. is unjustifiably broad. Neither the States nor to hide in cyberspace, like to disappear The SPEAKER pro tempore (Mr. Federal regulators will have any ability to into this veil of spectrum or fiber optic eliminate the abuses that may occur when PETRI). The gentlemen have 111⁄2 min- that makes it very difficult for the electronic records are used. With respect to legal authorities to be able to track utes remaining. Federal regulators, the bill by its terms Mr. MARKEY. Mr. Speaker, I yield eliminates all such authority. With respect them down when they have harmed myself such time as I may consume. to the States, the bill’s grant of authority is consumers. And it is at those par- Mr. Speaker, I would first like to in- illusory because it prohibits (in section ticular entities that we would be tar- clude for the RECORD the Statement of 102(b)(4)) any State action inconsistent with geting any consumer protections.

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.047 pfrm12 PsN: H01PT1 H11168 CONGRESSIONAL RECORD — HOUSE November 1, 1999

But again, let it be known that we Mr. Speaker, H.R. 1714 is minimalist BLILEY) and the gentleman from Vir- had reached pretty near agreement in its effects and merely provides for ginia (Mr. MORAN) who just spoke will with most of the major players in the the legal validity of electronic signa- listen. industry across the board on these con- tures under conditions as agreed to by This is a remarkable exercise. We sumer protections. And that is really the parties and permitted under State have been discussing with our good all it was, it is to create the same kind law. friends on the majority side to find out of a balance in cyberspace that exists I urge my colleagues to support this what was in the legislation on Friday. in the real world, the same kind of legislation. We thought we were very close to an comfort level that people would have Mr. MARKEY. Mr. Speaker, I reserve understanding. to go online with their money, with the balance of my time. We find today that the bill has been their credit card to know that they Mr. BLILEY. Mr. Speaker, I yield 2 changed. We find that it is quite dif- would be paid respect by merchants on- minutes to the gentleman from Vir- ferent than it was the other day. We line in terms of the notification, the ginia (Mr. MORAN). find that consumer protections have records, the confidence that an indi- Mr. MORAN of Virginia. Mr. Speak- been removed, reduced without any vidual could have. er, I thank the distinguished gen- consultation with the minority. My hope is that, as we move forward, tleman from Virginia for yielding me This is most curious. I am not sure we will be able to work with the major- the time. whether it can be called good faith or ity once again and with the outside Mr. Speaker, I want to say to my not. Normally I would not. I can under- parties towards establishing that bal- very good friends from Massachusetts stand the gentleman being enthused ance. and Minnesota that I know their hearts because perhaps he has constituents I am afraid that the administration are in the right place and they want to who likes this. But I happen to like the is today indicating that they would be do what they consider to be the right truth, and I happen to like fair dealing likely not to support, even to veto, this thing for consumers. But I rise in sup- and I like to know what I am doing. legislation in its present form. port of this bill. If the gentleman knows what he is I would prefer to be negotiating with- A number of things have to be under- doing, then he should by all means sup- out the administration around. We do scored. For one, the signature is only port this. He does not, and I do not. it on a bipartisan basis. We produce valid if it is done by mutual consent. And I am not convinced that the ma- legislation. Hopefully, that is the way Both parties have to agree. Number jority knows. I am convinced of one thing, that it in which the bill will proceed from this two, there is legal recourse in the is bad practice and it does not comport point on. event of any kind of fraudulent action. with the traditions of the House of Mr. Speaker, I reserve the balance of Number three, we have all the account- Representatives to negotiate, come to my time. ability that we have really under hard- Mr. BLILEY. Mr. Speaker, I yield 11⁄2 general understandings, and then to recover signatures. Number four, it is al- minutes to the gentleman from Utah pudiate those understandings by ready being done. (Mr. Cannon). changing without discussion with the So the real question is, do we act now Mr. CANNON. Mr. Speaker, I rise other side. That is what has happened ahead of the curve, or do we wait and today in support of H.R. 1714, the Elec- here. tronic Signatures in Global and Na- play catch up just as we did with finan- There is not such enormous haste tional Commerce Act. I commend the cial services modernization, which that we have to vote for something on gentleman from Virginia (Chairman came more than 10 years after the en- a suspension of the rules when we had BLILEY) for his work on this important tire financial services industry had al- seen the arrangements made changed; legislation. ready modernized. when we have seen consumer protec- There are still differing opinions be- I remember when I was on the Com- tions eroded, eradicated, and reduced; tween various camps and committees, mittee on Banking and Financial Serv- and when we have seen a situation but I commend the chairman and the ices a decade ago looking at the possi- where we are told, take it or leave it, House leadership for bringing this leg- bility for modernizing the financial fellows, they have got a two-thirds islation to the floor. services industry. We knew it was vote, and they cannot have any oppor- Mr. Speaker, electronic commerce is going to happen anyway and we should tunity to make any changes in the con- expanding exponentially. The Com- try to influence the process on the side tent of the legislation. merce Department recently estimated of consumers. That is the issue before us. The issue that retail sales might exceed $40 bil- But, no, what we have done over the is should we support the majority in lion by the year 2002 and that all elec- last 10 years is to stand in the way of this high-handed fashion or should we tronic commerce, including business- what was considered modernization, proceed to say, fellows, we will go for to-business activity, may exceed $1.3 and so the industry modernized itself. this and we will work together on a trillion in the next couple of years. And now we finally have a financial piece of legislation which, in fact, re- This legislation embraces the model services modernization bill after the flects honest negotiation on a matter State law called the Uniform Elec- fact. And that is what is going to hap- in which the two sides are generally in tronic Transactions Act, UETA for pen with digitalized signatures. We can agreement. short. Until all 50 States can act to ap- stay by the sidelines, watch it happen, My consult to my colleagues on this prove UETA, parallel Federal legisla- and then after the fact ratify it as side of the aisle, Democratic Members, tion must be adopted to fill the com- though we played a role. I think we and indeed to my friends on the other mercial gap. It must be possible to sign could play a constructive role at the side is let us take enough time to, first an agreement electronically with the beginning by authorizing this legisla- of all, know what we are doing. Second confidence which has historically been tion now. of all, let us take enough time to deal given to handwritten signature. The fact is that we have now more fairly with each other. Third of all, if UETA and H.R. 1714 embrace the than half of the households in every we are going to go ahead and do some- same principles: first, uniformity metropolitan area that are online. In thing which involves significant legis- across State lines in order to provide Northern Virginia 60 percent of all the lative action, let us deal fairly with the for reliability and predictability on the households are online. They are doing consuming public. None of those things part of businesses and consumers alike; these transactions. They ought to be. have been done here. second, technological neutrality to They are legal. We ought to ratify it. Now, I do not know whether this is allow for the development of new and We ought to be really in front instead haste or whether it is bad faith. I do more efficient and less costly delivery of behind the curve. And that is why I know that this does not reflect the systems; third, party autonomy so that support the bill. kind of behavior that I always thought the parties to agreements can decide Mr. MARKEY. Mr. Speaker, I yield 5 the House of Representatives should between themselves how they wish to minutes to the gentleman from Michi- practice. And I do not think that this verify or enforce electronic agreements gan (Mr. DINGELL). represents the kind of conduct that re- just as they now do with traditional Mr. DINGELL. Mr. Speaker, I hope flects well on this body or on the ma- commercial settings. both the gentleman from Virginia (Mr. jority side.

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.050 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11169 I am certainly happy to conclude this actions over the Internet. But an e- think it is improper to consider this in matter in an honorable and a proper commerce bill should not be a grab bag this particular suspension format. If we fashion. I have to say that the way in for insurance, financial, or other spe- do not understand all aspects of it, which this is handled does not give evi- cial interests to hurt consumers. I that is because it has been a moving dence of that kind of behavior. think that is the underlying discussion target for the last 2 weeks as my col- We do not know what is in this legis- that has been developed here today. leagues well know. It deserves richly to lation. The majority of the Members It should not be a vehicle for Con- be defeated today, Mr. Speaker. who are on that side do not know what gress to tell the States that all of a Mr. MARKEY. Mr. Speaker, I yield is in the legislation. It is not because sudden they are unable to enact con- myself the balance of my time. we have not worked diligently with the tract law on their own in the area of e- I do so again to urge my colleagues majority, but it is simply because the commerce. Consumer laws requiring reluctantly to oppose this bill. It does majority has chosen in midstride to notice and disclosure in writing are not have the balance which it needs in change the way the legislation is done. being undermined. order to ensure that while we advance Mr. MORAN of Virginia. Mr. Speak- This measure would allow unsavory the electronic commerce revolution er, will the gentleman yield? merchants to trick consumers into which is transforming the American Mr. DINGELL. I yield to the gen- clicking away many of their rights economy, that simultaneously we are tleman from Virginia. under the laws. able to deal with the sinister side of Mr. MORAN of Virginia. Mr. Speak- b 1545 cyberspace, we are able to deal with er, I thank the distinguished gen- The measure, H.R. 1714, stands for those that would engage in the same tleman for yielding to me so that I can kind of anticonsumer activity that we explain to him that I have no contrib- the proposition that States are unable to enact their own laws and may not have passed laws in our country over utor who has ever asked me to support the last 30 years to protect against in this legislation, just to clarify for the reinstate many additional consumer protections. It further undermines key the real world. And so the rec- RECORD in response to your earlier im- ommendation that we have to give is plication. Federal and State regulatory requirements to prevent fraud and abuse. And to vote ‘‘no’’ on this bill at this time Mr. DINGELL. Mr. Speaker, reclaim- but with the promise that we are going ing my time, I am not talking about so an e-commerce that would be a win- win situation for all, that should make to work on a bipartisan basis to work that. out something which is deserving of Now if the gentleman could tell me it easier for consumers to buy goods and services more quickly from a the support of every Member of the he knows what he is doing, I will be House. quite comforted in his assertions to the broader group of businesses and should Mr. BLILEY. Mr. Speaker, I yield body. allow businesses new methods of reach- myself the balance of my time. The simple fact of the matter is this ing more people, doing all these things, is not the kind of practice that reflects frankly, is not a hard bill to write. First I would like to say I am sorry credit on the House of Representatives. But the bill that the Commerce ma- the gentleman from Michigan is not on I am urging my colleagues on this jority seeks to put on the floor at this the floor, but we pulled this bill 2 side to reject this legislation. We will time is not such a bill. Rather than a weeks ago in order to work with the be happy to negotiate with our friends carefully drawn bill that balances the gentleman from Massachusetts and the on the Republican side and come to equities, the bill unnecessarily under- gentleman from Michigan. The changes some conclusion. But negotiation does mines key laws that protect consumers that were made in the bill were made not mean bringing this thing up in this and prevent fraud, all to please the spe- to accommodate their concerns. I kind of haste, not without anyone hav- cial interests. thought on Friday that we had pretty ing proper notice, without anybody Join me in a negative vote on this much agreement. However, the White having proper understanding, and with measure. House came down and met with the mi- proceedings, which have gone on some- Mr. MARKEY. Mr. Speaker, I yield 45 nority leader, and the ranking member where, where the matter has been seconds to the gentleman from Min- then announced that he could not sup- changed so that it does not reflect the nesota (Mr. VENTO). port the bill. But to say that we have negotiations which were going on ear- Mr. VENTO. Mr. Speaker, I thank not worked in good faith is a gross mis- lier. the gentleman for yielding me this representation. We have done every- Now, it may be the Republicans are time. thing we could to work. But we only in desperate haste to get out of here. I just wanted to point out to my col- have a few days left in this session and That is just possible. Frankly, if I were league from Virginia when he com- we wanted to get this bill moving. doing the kind of job they are doing, I mented that States can come back and I cannot understand why the White would be in desperate haste to get out reenact all these laws that are in fact House would come down and object at of here, too, because I know there are set aside by this measure, that in fact this time. The bill has not passed over people back home just wanting me to there are provisions in the bill that in the Senate. Then we have got to go explain to them just what in the name deal with discrimination and other fac- to conference. There is plenty of time of common sense I had been doing in tors which are screens which may well to work out any concerns that they Washington while I was supposedly rep- prevent States from reasserting such might have. resenting their interests. requirements and printed documenta- But let me also point out the sup- In a nutshell, this matter should be tion. porters of this legislation: The Busi- rejected. We have time enough to come I would just point out that there is ness Software Alliance, the Securities back and consider it under more favor- no assurance in this bill that the con- Industry Association, the American able circumstances and under a process sumer who even has a computer is on Council of Life Insurers, Information that reflects more credit on the House. the Internet. Once you send a message Technology Association of America, In- Mr. MARKEY. Mr. Speaker, I yield 2 out on the Internet like a car warranty formation Technology Industry Coun- minutes to the gentleman from Con- recall, the fact is, for brakes or some cil, Telecommunications Industry As- necticut (Mr. CONYERS), the ranking other major problem, you have no way sociation, National Retail Federation, Democrat on the Committee on the Ju- of knowing whether or not that in fact National Association of Manufacturers, diciary. that has been received by an adult or Charles Schwab and Company, DLJ Di- Mr. CONYERS. Mr. Speaker, I would even the household intended. We know, rect, Investment Company Institute, like to join in the comments of the today, they find us when we have re- America Online, Microsoft, Ford Motor gentleman from Michigan (Mr. DIN- calls on the automobiles and that is an Credit, IBM, EquiFax, the U.S. Cham- GELL), the dean of the House of this important factor and points out the ber of Commerce, and I might add they body. practical unworkable aspect of this have targeted this vote, and a host of Of course we would all like to see bills policy. These are just some of the others. It is purely voluntary as my passage of an e-commerce bill that many, many problems that have not good friend and original cosponsor the would promote commercial trans- been thought through with this bill. I gentleman from Virginia (Mr. DAVIS)

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.057 pfrm12 PsN: H01PT1 H11170 CONGRESSIONAL RECORD — HOUSE November 1, 1999 pointed out between consenting par- The Clerk read as follows: the expansion on the amount of individual tui- ties. Nobody is being coerced into ac- Senate amendment: tion and fee payments made under this section cepting anything. All of the consumer Strike out all after the enacting clause and in succeeding years; (B) is eligible to participate in the student fi- laws are protected. insert: SECTION 1. SHORT TITLE. nancial assistance programs under title IV of I ask the Members to support this the Higher Education Act of 1965 (20 U.S.C. 1070 legislation. This Act may be cited as the ‘‘District of Co- lumbia College Access Act of 1999’’. et seq.); and Ms. ESHOO. Mr. Speaker, today the House SEC. 2. PURPOSE. (C) enters into an agreement with the Mayor is taking an important step to bring our Na- It is the purpose of this Act to establish a pro- containing such conditions as the Mayor may tion's laws in line with the explosive growth of gram that enables college-bound residents of the specify, including a requirement that the insti- E-commerce. District of Columbia to have greater choices tution use the funds made available under this In 1997 my office was the first to establish among institutions of higher education. section to supplement and not supplant assistance that otherwise would be provided to eligi- a virtual district office in the Congress. I quick- SEC. 3. PUBLIC SCHOOL PROGRAM. ble students from the District of Columbia. ly realized my constituents were not permitted (a) GRANTS.— (2) ELIGIBLE STUDENT.—The term ‘‘eligible (1) IN GENERAL.—From amounts appropriated to provide their authorization for any casework student’’ means an individual who— under subsection (i) the Mayor shall award with an electronic signature. (A) was domiciled in the District of Columbia grants to eligible institutions that enroll eligible Subsequently, I introduced the first piece of for not less than the 12 consecutive months pre- students to pay the difference between the tui- legislation addressing the issue of electronic ceding the commencement of the freshman year tion and fees charged for in-State students and at an institution of higher education; signatures during the 105th Congress and the tuition and fees charged for out-of-State (B) graduated from a secondary school or re- succeeded in passing this bill into law. The students on behalf of each eligible student en- ceived the recognized equivalent of a secondary legislation requires Federal agencies to make rolled in the eligible institution. school diploma on or after January 1, 1998; Government forms available online and accept (2) MAXIMUM STUDENT AMOUNTS.—An eligible (C) begins the individual’s undergraduate student shall have paid on the student’s behalf a person's electronic signature on these course of study within the 3 calendar years (ex- under this section— forms. cluding any period of service on active duty in (A) not more than $10,000 for any 1 award Following on this success, I introduced a bill the Armed Forces, or service under the Peace year (as defined in section 481 of the Higher in the 106th Congress to expand the legality Corps Act (22 U.S.C. 2501 et seq.) or subtitle D Education Act of 1965 (20 U.S.C. 1088)); and of electronic signatures to the private sector. (B) a total of not more than $50,000. of title I of the National and Community Service Today, we're voting on a bill that Chairman (3) PRORATION.—The Mayor shall prorate Act of 1990 (42 U.S.C. 12571 et seq.)) of gradua- BLILEY introduced which attempts to accom- payments under this section for students who tion from a secondary school, or obtaining the plish the same goal as H.R. 1320. attend an eligible institution on less than a full- recognized equivalent of a secondary school di- The Congress must ensure that there are time basis. ploma; (b) REDUCTION FOR INSUFFICIENT APPROPRIA- (D) is enrolled or accepted for enrollment, on no roadblocks impeding the growth of E-com- at least a half-time basis, in a degree, certifi- merce. E-commerce is expected to generate TIONS.— (1) IN GENERAL.—If the funds appropriated cate, or other program (including a program of over $1.3 trillion worth of business by 2003. pursuant to subsection (i) for any fiscal year are study abroad approved for credit by the institu- Our laws should not impede this staggering insufficient to award a grant in the amount de- tion at which such student is enrolled) leading growth so we must act to bridge the gap be- termined under subsection (a) on behalf of each to a recognized educational credential at an eli- tween now and the time when every State has eligible student enrolled in an eligible institu- gible institution; passed an updated form of the Uniform State tion, then the Mayor shall— (E) if enrolled in an eligible institution, is Law Code. (A) first, ratably reduce the amount of the tui- maintaining satisfactory progress in the course tion and fee payment made on behalf of each el- of study the student is pursuing in accordance This legislation encourages States to pass a with section 484(c) of the Higher Education Act uniform law so that our Nation's consumers igible student who has not received funds under this section for a preceding year; and of 1965 (20 U.S.C. 1091(c)); and and businesses will not have to face 50 dif- (B) after making reductions under subpara- (F) has not completed the individual’s first ferent sets of regulations to engage in E-com- graph (A), ratably reduce the amount of the tui- undergraduate baccalaureate course of study. merce. I am concerned about the electronic tion and fee payments made on behalf of all (3) INSTITUTION OF HIGHER EDUCATION.—The records provisions in this bill, and hope that other eligible students. term ‘‘institution of higher education’’ has the with further work, these concerns will be (2) ADJUSTMENTS.—The Mayor may adjust the meaning given the term in section 101 of the ironed out by conferees. amount of tuition and fee payments made under Higher Education Act of 1965 (20 U.S.C. 1001). paragraph (1) based on— (4) MAYOR.—The term ‘‘Mayor’’ means the For these reasons, I urge my colleagues to Mayor of the District of Columbia. support H.R. 1714. Our Nation's economy will (A) the financial need of the eligible students to avoid undue hardship to the eligible students; (5) SECONDARY SCHOOL.—The term ‘‘secondary be the beneficiary. or school’’ has the meaning given that term under Mr. BLILEY. Mr. Speaker, I yield (B) undue administrative burdens on the section 14101 of the Elementary and Secondary back the balance of my time. Mayor. Education Act of 1965 (20 U.S.C. 8801). The SPEAKER pro tempore (Mr. (3) FURTHER ADJUSTMENTS.—Notwithstanding (6) SECRETARY.—The term ‘‘Secretary’’ means BARTON of Texas). The question is on paragraphs (1) and (2), the Mayor may the Secretary of Education. the motion offered by the gentleman prioritize the making or amount of tuition and (d) CONSTRUCTION.—Nothing in this Act shall be construed to require an institution of higher from Virginia (Mr. BLILEY) that the fee payments under this subsection based on the income and need of eligible students. education to alter the institution’s admissions House suspend the rules and pass the policies or standards in any manner to enable bill, H.R. 1714, as amended. (c) DEFINITIONS.—In this section: (1) ELIGIBLE INSTITUTION.—The term ‘‘eligible an eligible student to enroll in the institution. The question was taken. institution’’ means an institution that— (e) APPLICATIONS.—Each student desiring a Mr. MARKEY. Mr. Speaker, on that I (A) is a public institution of higher education tuition payment under this section shall submit demand the yeas and nays. located— an application to the eligible institution at such The yeas and nays were ordered. (i) in the State of Maryland or the Common- time, in such manner, and accompanied by such The SPEAKER pro tempore. Pursu- wealth of Virginia; or information as the eligible institution may re- ant to clause 8 of rule XX and the (ii) outside the State of Maryland or the Com- quire. Chair’s prior announcement, further monwealth of Virginia, but only if the Mayor— (f) ADMINISTRATION OF PROGRAM.— proceedings on this motion will be (I) determines that a significant number of eli- (1) IN GENERAL.—The Mayor shall carry out postponed. gible students are experiencing difficulty in the program under this section in consultation gaining admission to any public institution of with the Secretary. The Mayor may enter into a f higher education located in the State of Mary- grant, contract, or cooperative agreement with DISTRICT OF COLUMBIA COLLEGE land or the Commonwealth of Virginia because another public or private entity to administer ACCESS ACT of any preference afforded in-State residents by the program under this section if the Mayor de- the institution; termines that doing so is a more efficient way of Mr. DAVIS of Virginia. Mr. Speaker, (II) consults with the Committee on Govern- carrying out the program. I move to suspend the rules and concur ment Reform of the House of Representatives, (2) POLICIES AND PROCEDURES.—The Mayor, in the Senate amendment to the bill the Committee on Governmental Affairs of the in consultation with institutions of higher edu- (H.R. 974) to establish a program to af- Senate, and the Secretary regarding expanding cation eligible for participation in the program ford high school graduates from the the program under this section to include such authorized under this section, shall develop institutions located outside of the State of policies and procedures for the administration of District of Columbia the benefits of in- Maryland or the Commonwealth of Virginia; the program. State tuition at State colleges and uni- and (3) MEMORANDUM OF AGREEMENT.—The versities outside the District of Colum- (III) takes into consideration the projected Mayor and the Secretary shall enter into a bia, and for other purposes. cost of the expansion and the potential effect of Memorandum of Agreement that describes—

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\K01NO7.062 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11171

(A) the manner in which the Mayor shall con- (1) IN GENERAL.—From amounts appropriated (3) MAYOR.—The term ‘‘Mayor’’ means the sult with the Secretary with respect to admin- under subsection (f) the Mayor shall award Mayor of the District of Columbia. istering the program under this section; and grants to eligible institutions that enroll eligible (4) SECRETARY.—The term ‘‘Secretary’’ means (B) any technical or other assistance to be students to pay the cost of tuition and fees at the Secretary of Education. provided to the Mayor by the Secretary for pur- the eligible institutions on behalf of each eligible (d) APPLICATION.—Each eligible student desir- poses of administering the program under this student enrolled in an eligible institution. The ing a tuition and fee payment under this section section (which may include access to the infor- Mayor may prescribe such regulations as may be shall submit an application to the eligible insti- mation in the common financial reporting form necessary to carry out this section. tution at such time, in such manner, and accom- developed under section 483 of the Higher Edu- (2) MAXIMUM STUDENT AMOUNTS.—An eligible panied by such information as the eligible insti- cation Act of 1965 (20 U.S.C. 1090)). student shall have paid on the student’s behalf tution may require. (g) MAYOR’S REPORT.—The Mayor shall re- under this section— (e) ADMINISTRATION OF PROGRAM.— port to Congress annually regarding— (A) not more than $2,500 for any 1 award year (1) IN GENERAL.—The Mayor shall carry out (1) the number of eligible students attending (as defined in section 481 of the Higher Edu- the program under this section in consultation each eligible institution and the amount of the cation Act of 1965 (20 U.S.C. 1088)); and with the Secretary. The Mayor may enter into a grant awards paid to those institutions on be- (B) a total of not more than $12,500. grant, contract, or cooperative agreement with half of the eligible students; (3) PRORATION.—The Mayor shall prorate another public or private entity to administer (2) the extent, if any, to which a ratable re- payments under this section for students who the program under this section if the Mayor deduction was made in the amount of tuition and attend an eligible institution on less than a full- termines that doing so is a more efficient way of fee payments made on behalf of eligible stu- time basis. carrying out the program. dents; and (b) REDUCTION FOR INSUFFICIENT APPROPRIA- (3) the progress in obtaining recognized aca- (2) POLICIES AND PROCEDURES.—The Mayor, TIONS.— demic credentials of the cohort of eligible stu- in consultation with institutions of higher edu- (1) IN GENERAL.—If the funds appropriated cation eligible for participation in the program dents for each year. pursuant to subsection (f) for any fiscal year (h) GAO REPORT.—Beginning on the date of authorized under this section, shall develop are insufficient to award a grant in the amount enactment of this Act, the Comptroller General policies and procedures for the administration of determined under subsection (a) on behalf of of the United States shall monitor the effect of the program. each eligible student enrolled in an eligible insti- the program assisted under this section on edu- (3) MEMORANDUM OF AGREEMENT.—The tution, then the Mayor shall— cational opportunities for eligible students. The Mayor and the Secretary shall enter into a (A) first, ratably reduce the amount of the tui- Comptroller General shall analyze whether eligi- Memorandum of Agreement that describes— tion and fee payment made on behalf of each el- ble students had difficulty gaining admission to (A) the manner in which the Mayor shall con- igible student who has not received funds under eligible institutions because of any preference sult with the Secretary with respect to admin- this section for a preceding year; and afforded in-State residents by eligible institu- istering the program under this section; and (B) after making reductions under subpara- (B) any technical or other assistance to be tions, and shall expeditiously report any find- graph (A), ratably reduce the amount of the tui- ings regarding such difficulty to Congress and provided to the Mayor by the Secretary for pur- tion and fee payments made on behalf of all poses of administering the program under this the Mayor. In addition the Comptroller General other eligible students. shall— section. (2) ADJUSTMENTS.—The Mayor may adjust the (1) analyze the extent to which there are an (f) AUTHORIZATION OF APPROPRIATIONS.— amount of tuition and fee payments made under insufficient number of eligible institutions to There are authorized to be appropriated to the paragraph (1) based on— which District of Columbia students can gain District of Columbia to carry out this section (A) the financial need of the eligible students admission, including admission aided by assist- $5,000,000 for fiscal year 2000 and such sums as to avoid undue hardship to the eligible students; ance provided under this Act, due to— may be necessary for each of the 5 succeeding or (A) caps on the number of out-of-State stu- fiscal years. Such funds shall remain available (B) undue administrative burdens on the dents the institution will enroll; until expended. Mayor. (B) significant barriers imposed by academic (g) EFFECTIVE DATE.—This section shall take (3) FURTHER ADJUSTMENTS.—Notwithstanding entrance requirements (such as grade point av- effect with respect to payments for periods of in- paragraphs (1) and (2), the Mayor may erage and standardized scholastic admissions struction that begin on or after January 1, 2000. prioritize the making or amount of tuition and tests); and SEC. 6. GENERAL REQUIREMENTS. (C) absence of admission programs benefiting fee payments under this subsection based on the income and need of eligible students. (a) PERSONNEL.—The Secretary of Education minority students; shall arrange for the assignment of an indi- (2) assess the impact of the program assisted (c) DEFINITIONS.—In this section: vidual, pursuant to subchapter VI of chapter 33 under this Act on enrollment at the University (1) ELIGIBLE INSTITUTION.—The term ‘‘eligible of title 5, United States Code, to serve as an ad- of the District of Columbia; and institution’’ means an institution that— (3) report the findings of the analysis de- (A)(i) is a private, nonprofit, associate or bac- viser to the Mayor of the District of Columbia scribed in paragraph (1) and the assessment de- calaureate degree-granting, institution of higher with respect to the programs assisted under this scribed in paragraph (2) to Congress and the education, as defined in section 101(a) of the Act. Mayor. Higher Education Act of 1965 (20 U.S.C. (b) ADMINISTRATIVE EXPENSES.—The Mayor of (i) AUTHORIZATION OF APPROPRIATIONS.— 1001(a)), the main campus of which is located— the District of Columbia may use not more than There are authorized to be appropriated to the (I) in the District of Columbia; 7 percent of the funds made available for a pro- District of Columbia to carry out this section (II) in the city of Alexandria, Falls Church, or gram under section 3 or 5 for a fiscal year to pay $12,000,000 for fiscal year 2000 and such sums as Fairfax, or the county of Arlington or Fairfax, the administrative expenses of a program under may be necessary for each of the 5 succeeding in the Commonwealth of Virginia, or a political section 3 or 5 for the fiscal year. fiscal years. Such funds shall remain available subdivision of the Commonwealth of Virginia lo- (c) INSPECTOR GENERAL REVIEW.—Each of the until expended. cated within any such county; or programs assisted under this Act shall be subject (j) EFFECTIVE DATE.—This section shall take (III) in the county of Montgomery or Prince to audit and other review by the Inspector Gen- effect with respect to payments for periods of in- George’s in the State of Maryland, or a political eral of the Department of Education in the same struction that begin on or after January 1, 2000. subdivision of the State of Maryland located manner as programs are audited and reviewed SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE within any such county; under the Inspector General Act of 1978 (5 DISTRICT OF COLUMBIA. (ii) is eligible to participate in the student fi- U.S.C. App.). (a) IN GENERAL.—Subject to subsection (c), the nancial assistance programs under title IV of (d) GIFTS.—The Mayor of the District of Co- Secretary may provide financial assistance to the Higher Education Act of 1965 (20 U.S.C. 1070 lumbia may accept, use, and dispose of dona- the University of the District of Columbia for et seq.); and tions of services or property for purposes of car- the fiscal year to enable the university to carry (iii) enters into an agreement with the Mayor rying out this Act. out activities authorized under part B of title III containing such conditions as the Mayor may (e) FUNDING RULE.—Notwithstanding sections of the Higher Education Act of 1965 (20 U.S.C. specify, including a requirement that the insti- 3 and 5, the Mayor may use funds made 1060 et seq.). tution use the funds made available under this available— (b) AUTHORIZATION OF APPROPRIATIONS.— section to supplement and not supplant assist- (1) under section 3 to award grants under sec- There are authorized to be appropriated to the ance that otherwise would be provided to eligi- tion 5 if the amount of funds made available District of Columbia to carry out this section ble students from the District of Columbia; or under section 3 exceeds the amount of funds $1,500,000 for fiscal year 2000 and such sums as (B) is a private historically Black college or awarded under section 3 during a time period may be necessary for each of the 5 succeeding university (for purposes of this subparagraph determined by the Mayor; and fiscal years. such term shall have the meaning given the term (2) under section 5 to award grants under sec- (c) SPECIAL RULE.—For any fiscal year, the ‘‘part B institution’’ in section 322(2) of the tion 3 if the amount of funds made available University of the District of Columbia may re- Higher Education Act of 1965 (20 U.S.C. 1061(2)) under section 5 exceeds the amount of funds ceive financial assistance pursuant to this sec- the main campus of which is located in the State awarded under section 5 during a time period tion, or pursuant to part B of title III of the of Maryland or the Commonwealth of Virginia. determined by the Mayor. Higher Education Act of 1965, but not pursuant (2) ELIGIBLE STUDENT.—The term ‘‘eligible (f) MAXIMUM STUDENT AMOUNT ADJUST- to both this section and such part B. student’’ means an individual who meets the re- MENTS.—The Mayor shall establish rules to ad- SEC. 5. PRIVATE SCHOOL PROGRAM. quirements of subparagraphs (A) through (F) of just the maximum student amounts described in (a) GRANTS.— section 3(c)(2). sections 3(a)(2)(B) and 5(a)(2)(B) for eligible

VerDate 29-OCT-99 01:29 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A01NO7.016 pfrm12 PsN: H01PT1 H11172 CONGRESSIONAL RECORD — HOUSE November 1, 1999 students described in section 3(c)(2) or 5(c)(2) I am grateful to those leading re- agenda can achieve. H.R. 974 will level who transfer between the eligible institutions gional foundations and companies that the playing field for District high described in section 3(c)(1) or 5(c)(1). have come together in an extraor- school graduates. It will give them the The SPEAKER pro tempore. Pursu- dinary and historic effort to assist Dis- key to higher education in this region. ant to the rule, the gentleman from trict of Columbia students. The legisla- Back on March 4 when I introduced Virginia (Mr. DAVIS) and the gentle- tion we are passing today is essential the bill, we went to Eastern High woman from the District of Columbia to those great endeavors in the private School with the gentlewoman from the (Ms. NORTON) each will control 20 min- sector. District of Columbia. It is not far from utes. In 1995, the District of Columbia the Capitol. We announced the proposal The Chair recognizes the gentleman faced a crisis of epic proportions. Con- to students and faculty. The gentle- from Virginia (Mr. DAVIS). gress, in passing the control board leg- woman from the District of Columbia Mr. DAVIS of Virginia. Mr. Speaker, islation, with its creation of the posi- and Mayor Williams were with me at I yield myself such time as I may con- tion of chief financial officer, and then the time. I was deeply moved by the resume. in 1997 with the passage of the D.C. Re- action of the students. I will never for- (Mr. DAVIS of Virginia asked and vitalization Act and its related re- get how many took our hands and was given permission to revise and ex- forms, embarked on a critically impor- looked into our eyes and thanked us tend his remarks.) tant process to address the crisis in a for introducing this measure. This Mr. DAVIS of Virginia. Mr. Speaker, truly bipartisan way. The legislation gives them hope for the future, hope we have traveled a long way with the before us today would not be possible for an affordable college education, D.C. College Access Act. From March 4 but for the progress the city has something that is enjoyed by students when we introduced it, to markup in achieved with the initiative of Con- in 50 States in the United States but is our subcommittee, unanimous approval gress and the executive branch working not a reality in our Nation’s capital. in the Committee on Government Re- together, and, I might add, with the Fighting for educational opportunity form chaired by the gentleman from leadership of Tony Williams and the is one of the reasons I entered public Indiana (Mr. BURTON); to House passage city council. life. I am proud of so much that we on May 24, and then on to October 19, The city’s return to the private fi- have been able to do in the Nation’s passage in the Senate with friendly nancial markets is solid evidence that capital for the almost 5 years that I amendments which we are pleased to what Congress did produced credible have had the privilege of serving as accept today. I am deeply proud of our numbers and better performance. Key chairman of the Subcommittee on the hard work. elements of our reforms include Fed- District of Columbia. Economic devel- My thanks to the gentlewoman from eral assumption of certain functions opment, public safety, the real estate the District of Columbia (Ms. NORTON), performed by State governments, and market and so many other aspects of the ranking member of the sub- incentives for economic development city life have changed for the better committee on the District of Columbia and private sector jobs. The economic and the city is working to improve and all of the original cosponsors: The recovery of the Nation’s capital bene- itself. This is something that I think gentlewoman from Maryland (Mrs. fits the entire region and country by ultimately had to happen and is hap- MORELLA), the gentleman from Mary- realizing the vision which has so often pening. But nothing has given me more land (Mr. HOYER), the gentleman from been expressed. The new MCI Center satisfaction than working to improve Maryland (Mr. WYNN), the gentleman and the Convention Center project, a educational opportunities for the city’s from California (Mr. HORN), the gen- tax credit for first-time homebuyers, youth. We need a healthy city to have tleman from California (Mr. enhanced public safety and water qual- a healthy Washington region. CUNNINGHAM), the gentleman from ity are just some of the improvements This bill, expanding higher edu- Maryland (Mr. EHRLICH) and the gen- we have seen. cational choices, is an enormous leap tleman from Virginia (Mr. MORAN). My Two months ago, Speaker HASTERT forward. It is our vision for the future. thanks to Speaker HASTERT, Chairman and I attended a moving ceremony at Mr. Speaker, I reserve the balance of DAN BURTON and Majority Leader DICK the Edison Friendship public charter my time. ARMEY for their support and for per- school in the District. Majority Leader Ms. NORTON. Mr. Speaker, I yield mitting expeditious consideration of ARMEY, Education Chairman BILL myself such time as I may consume. this. And my thanks to the Clinton ad- GOODLING, Senator KAY BAILEY (Ms. NORTON asked and was given ministration and the Department of HUTCHISON and PAUL COVERDELL were permission to revise and extend her re- Education for working with us in a bi- with us. The Edison school and many marks.) partisan spirit of cooperation to work other charter schools represent an- Ms. NORTON. Mr. Speaker, H.R. 974, out our differences and move this thing other great success story in the Dis- the D.C. College Access Act, facing its through for consideration. trict that Congress has helped us final House consideration today, is a My thanks to the D.C. Appropria- achieve. splendid and near typical example of tions Chair ERNEST ISTOOK and his Sen- We know that many concerns re- the bipartisan way in which the gen- ate counterpart, KAY BAILEY main. Many of them are addressed in tleman from Virginia and I have HUTCHISON, for including the money in the budget and others will be dealt worked together since he became chair the budget recommended by the admin- with later. of the Subcommittee on the District of istration. And my thanks to my own The bill before us today will enable Columbia 4 years ago. I want to thank counterpart in the Senate, GEORGE District residents to attend public col- the gentleman from Virginia for his VOINOVICH, for his patience and persist- leges and universities in Virginia and unflagging and indispensable leader- ence in having such an excellent hear- Maryland at in-State tuition rates. We ship and for the energetic work of his ing and markup and for shepherding have included tuition assistance grants staff, especially Peter Sirh and Howie the amendments. And to Senator FRED as another option for private colleges Denis, who worked hand in hand with THOMPSON, chairman of the Senate in and adjacent to the District in those my own able legislative director, Jon committee, for his support. My thanks counties, including historically black Bouker, every step of the way until we as well to Senator JEFFORDS, Senator colleges and universities in Virginia have gotten to final passage today. DURBIN and Senator WARNER for help- and Maryland. The CBO estimate fits H.R. 974 marks a turning point in our ing us to continue to keep this legisla- within the money this bill authorizes approach to lifting the Nation’s capital tion on track and work to improve it. and which the appropriators have in- from fiscal crisis and in affording its And my thanks to some of the staff cluded in their bill. citizens a way to overcome the handi- people who worked on this landmark Mayor Williams has said that this cap of being without a State to assist law: My own staff director and counsel, bill is very, very important not only in it in offering higher education. Because Howie Denis; my chief of staff, Peter improving education but in bringing of the importance of higher education Sirh; and Jon Bouker of the gentle- the city back. I believe it is the best today and its links to full and equal woman from the District of Columbia’s money we can spend and is a shining citizenship, the D.C. College Access Act staff. example of what a bipartisan urban is a bill of historic proportions and

VerDate 29-OCT-99 02:14 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.016 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11173 ranks as one of the most important students in the 50 States. To qualify, a base. With the passage of H.R. 974, Dis- pieces of legislation for District of Co- student must live in the District for 12 trict residents will no longer be the lumbia residents in our history. I am months before beginning college, must only Americans among the States especially pleased that final passage of have graduated from high school after without access to the necessary choices H.R. 974 today will allow Mayor Tony January 1, 1998, must begin college for higher education today. Williams and the city, working to- within 3 years of graduation, must be I want to express my personal thanks gether with the Department of Edu- pursuing her first undergraduate de- once again to the leaders of my com- cation, to have the program up and gree and must be enrolled at least half mittee and subcommittee and appro- running next fall. time. The college must also sign a for- priation committees, as well as their b 1600 mal agreement with the mayor’s office. counterparts in the Senate and the ad- The bill we consider today contains ministration. I want to also express the Both the House and Senate and the three important protections negotiated gratitude of the parents and the chil- administration have worked closely with the Senate. First, the mayor will dren of the District who have let me and collegially on H.R. 974. All deserve have the latitude to expend the in- and my office know in no uncertain credit and praise today. I want to state tuition program to the 50 States terms that they enthusiastically and thank Senator GEORGE VOINOVICH, Gov- subject to cost instead of a blanket overwhelmingly support H.R. 974 and ernment Affairs Subcommittee Chair; confinement to scarce slots in Mary- that they look forward to the historic Senate ranking member, RICHARD DUR- land and Virginia. Second, students opportunities provided by the District BIN; and Senator JIM JEFFORDS for who will be freshmen, sophomores, and of Columbia College Access Act. their vital work in helping to craft an juniors when the program begins next Mr. Speaker, I reserve the balance of acceptable compromise between the year will qualify for in-state tuition my time. Senate and House versions of the bill rates. I appreciate that Senators Mr. DAVIS of Virginia. Mr. Speaker, and for securing unanimous passage in VOINOVICH and DURBIN worked with us I yield 4 minutes to the gentlewoman the Senate on October 20,1999. from Maryland (Mrs. MORELLA), the I also thank the gentleman from In- on this provision inasmuch as the Sen- ate version of the bill originally ap- vice chairman of the Subcommittee on diana (Mr. BURTON), who has consist- the District of Columbia and original ently supported and pressed forward plied only to freshmen. District residents are particularly sponsor of this legislation, who helped bills benefiting the District; the rank- shepherd it through the subcommittee. ing member, the gentleman from Cali- enthusiastic about the expansion of this particular provision because typi- Mrs. MORELLA. Mr. Speaker, I rise fornia (Mr. WAXMAN), whose valuable in strong support of H.R. 974, the Dis- assistance has been unfailing; and ap- cally many go to college with just trict of Columbia College Access Act, propriation chairs, the gentleman from enough money for 1 year, yielding a high college dropout rate because of inas amended by the Senate. I want to Oklahoma (Mr. ISTOOK) and KAY BAI- ability to meet college expenses. Third, add my congratulations to the gen- LEY HUTCHINSON for their critical sup- tleman from Virginia (Mr. DAVIS) for port in assuring necessary funding for institutions in counties close to the the inception of the bill and carrying it the program; and, of course, Secretary District including HBCUs in Maryland of Education Dick Riley for indispen- and Virginia where many D.C. resi- through with his leadership inch by sable work on this bill in both houses. dents often attend will be eligible. inch. I want to also commend the gen- I want particularly to recognize the It is important to note that our work tlewoman from the District of Colum- President who included funds for this on H.R. 974 is bolstered by an extraor- bia (Ms. NORTON) for her leadership in bill in his fiscal year 2000 budget, not dinary private sector effort which is that; and as a matter of fact as has only opening the way for the bill to raising an even larger amount to help been mentioned and should be reiter- pass today, but also assuring that there District students prepare to attend col- ated, this is an excellent example of bi- would be sufficient funds to do the job. lege and to supplement the costs be- partisan cooperation for the benefit of H.R. 974 offers District residents yond the tuition costs offered in this the United States on both sides of the State public higher education alter- bill. Business leaders led by Don aisle in both Houses with several com- natives similar to those available to Graham, publisher of the Washington mittees on both sides who have shep- other Americans as a matter of right. Post, and Lucio Noto, CEO of Mobil herded this bill through. The central feature of H.R. 974 is an au- Oil, have already gotten commitments And I do want to add my thanks also thorization for the Federal Govern- of $17 million and plan to raise $20 mil- to the gentleman from Indiana (Mr. ment to pay the difference between the lion in private funds to supplement the BURTON), the chairman of the Com- cost of in-state and out-of-state tuition funds authorized by H.R. 974. This bill mittee on Government Reform and fees for D.C. residents permitting stu- is a true public-private effort with the Oversight and the gentleman from dents, once admitted, to attend public private sector more than equaling what California (Mr. WAXMAN), the ranking colleges and universities outside of the we do here today. member. But the gentleman from Vir- District and at in-state rates. The final passage of H.R. 974 today is ginia (Mr. DAVIS) has been there from The mayor will administer the in- a milestone in the effort to provide the beginning, and his wonderful staff state tuition program in consultation equal rights and citizenship for D.C. and the minority staff have been there with the Department of Education. In residents. This bill fills a unique and and the cosponsors; and I see the gen- addition to full in-state tuition, the large educational gap that has had a tleman from Virginia (Mr. MORAN), bill authorizes $2,500 per student for particularly harmful effect on families who is also a cosponsor of this bill. D.C. residents to attend private col- here. Inequality in higher education This higher education bill provides leges and universities in the District opportunity hampers the continuing an opportunity for District of Colum- and in certain counties surrounding revitalization of the Nation’s capital bia residents who are high school grad- the District. because, without the array of State of- uates to attend colleges in Maryland The bill also contains an authoriza- ferings for higher education, residents and Virginia at in-state tuition rates. I tion granting the District’s own State have an incentive to move out of the am pleased to be an original cosponsor university, the University of the Dis- District to neighboring jurisdictions. of the D.C. College Access Act. I be- trict of Columbia funded historical As college costs have escalated, high- lieve that it offers an extraordinary black college and university status in er education opportunities have signifi- value. It will ensure that the most eco- recognition of the fact that many D.C. cantly affected, indeed caused, flight nomically disadvantaged students in students prefer to attend their own from the District. Consequently, the our Nation’s Capital are going to have State university or for a variety of rea- city has been left with many residents access to a variety of colleges, and it is sons cannot attend college outside of unable to meet their needs or talents going to go a long way toward ensuring the District. UDC has already received to access to appropriate institutions that the Metropolitan Washington area HBCU funds beginning in fiscal year from junior and specialized colleges to has a well-educated workforce. 1999. 4- year institutions. Thus, many have Access to college is one of the great- Young people graduating from D.C. been left without the education nec- est achievements of our American edu- high schools now will be treated as are essary to contribute to the city’s tax cation system. Escalating costs of our

VerDate 29-OCT-99 02:14 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.066 pfrm12 PsN: H01PT1 H11174 CONGRESSIONAL RECORD — HOUSE November 1, 1999 Nation’s colleges and universities have dents who grow up in the District of will not be taking from in-state stu- created anxiety about college afford- Columbia, and this legislation will ac- dents in Virginia and taking in-state ability. As a matter of fact, I know complish that objective. places. firsthand about that disease called There are some extraordinarily gift- The difference between in-state and ‘‘mal tuition,’’ paying those bills. In ed young men and women in the Dis- out-of-state tuition would be paid from terms of anxiety, paying for college trict of Columbia, but we will never new Federal money being authorized ranks with how to pay for health care fully realize their potential until they and appropriated, up to $10,000 per indi- or housing or how to cover the ex- have access to the excellence that our vidual in any award year. penses of taking care of an elderly rel- college and university systems are able This also provides tuition assistance ative. to provide; and by expanding their ac- grants of $2,500 for D.C. resident high From issues that affect women to cess to the colleges and universities in school graduates who will be attending children at risk, I have always tried to Virginia and Maryland particularly, private colleges in D.C. and adjacent raise my voice in support of equality of they will have that kind of opportunity counties in Virginia and Maryland and opportunity. Well, the D.C. College Ac- which is bound to benefit all of us, our funding of $5 million is authorized for cess Act will provide equal opportuni- economy, our society. this in FY 2000. It also includes private ties for students in the District. There As the distinguished gentleman from historically black colleges in Virginia is little doubt that high school grad- Virginia (Mr. Davis) so well knows, and Maryland. This was an amendment uates who live in the District have far those students, those young men and that my colleague Senator WARNER put fewer college choices than students in women are, in fact, going to enrich the on in the other body. I want to congratulate the gentle- other parts of the country. Residents campuses and the classrooms of the woman from the District of Columbia in all 50 American States have a net- colleges and universities in Virginia, as (Ms. NORTON) on working also for the work of State-supported colleges to at- the gentlewoman from Maryland (Mrs. University of the District of Columbia, tend, and this College Access Act will MORELLA) realizes that the same will that they are not lost in this. In fact, level the playing field for residents in happen in Maryland. We are doing our- they are a beneficiary of this legisla- the District of Columbia. selves a service with this legislation, tion as well. She has given them HCBU I have received many letters of sup- and that is why the D.C. appropriation status and additional funding for the port from my constituents in Mont- act includes $17 million to fund this au- University of the District of Columbia gomery County, Maryland, for H.R. 974. thorization. so they can hone and I think make Montgomery College, a community col- b 1615 greater their role for education than lege, is particularly interested in play- they do today in the District. That ing a major role in serving District This is a good idea. It will be one of the legacies that the gentleman from should not be lost sight of as well. residents. The college already enrolls What UDC does not have and cannot nearly 150 District of Columbia resi- Virginia (Mr. DAVIS) will be able to point to with pride, as I am sure his be by itself, as no university can be by dents, and even at their most costly itself, is a state university system. It out-of-state tuition rate with plans to able assistants, Peter and Howard will as well, and John on the staff of the will be one component of the edu- expand the Tacoma Park, Maryland cational equation for D.C. residents, gentlewoman from the District of Co- campus, the college expects to better but it will now have assistance from lumbia (Ms. NORTON). It takes a lot of accommodate more students from the other areas as well, and, with this addi- work, it takes a lot of commitment to District. tional money, I think its role will be get legislation through as quickly as So again I want to reiterate my strengthened in offering educational this was, but this provides a true in- strong support for the bill and the Sen- opportunities to students from the Dis- centive so that we will see the real tal- ate amendments to H.R. 974. With the trict of Columbia. swift passage of this bill, we are con- ent and potential of the young men and There is no means test in this legisla- tinuing a strong and necessary invest- women of the District of Columbia tion, but if an authorized, appropriated ment in education which will help fully realized. It is good legislation, amount is insufficient, there is a rat- America stay on top and help us to and we should pass it unanimously. able reduction, and if a ratable reduc- maintain our economic vitality into Mr. DAVIS of Virginia. Mr. Speaker, tion is necessary, the mayor, the local the 21st century. I yield myself such time as I may con- leaders there, will have the ability to Ms. NORTON. Mr. Speaker, I yield 3 sume. prioritize based on income and need of minutes to the gentleman from Vir- Mr. Speaker, let me first thank my eligible students. So we will be having ginia (Mr. MORAN), who is not only a colleague from Virginia for his elo- the city make that, and it will not be cosponsor of the bill but is the ranking quent remarks and also his help in the Congressionally mandated, should we member of the Subcommittee on the appropriations process and from all as- have more people use this legislation District of Columbia whose leadership pects as we worked to improve the dis- than are currently foreseen as doing so. was important in assuring funding for trict. The gentleman has been a true Actually, I think that would be a this bill. colleague in the essential part, as that good thing. We hope this is utilized, be- Mr. MORAN of Virginia. Mr. Speak- term implies, in terms of working to- cause I think the more people who are er, I thank the gentlewoman from the gether to make these kinds of things able to use this and go to college, the District of Columbia, who so ably rep- happen for the region, because we rec- better off we all are. Residents in the resents the people of the District of Co- ognize this is not just a city issue, it is 50 states already have a network of lumbia. a justice issue, but it is also a regional state supported colleges to attend. This Mr. Speaker, the students of the Dis- issue of great import, and I thank him. bill levels the playing field for students trict of Columbia are at a unique edu- Let me go briefly and talk about in the District of Columbia. High cational disadvantage today. They are some of the changes in this bill from school graduates would have to be a the only students in the entire conti- the Senate that were changes from the D.C. resident for at least one year prior nental United States who do not have House version that passed earlier. to eligibility, and they would have to access to the State college and univer- These Senate amendments enable D.C. begin undergraduate courses within 3 sity system that every other American residents who are high school grad- years of high school graduation, ex- family is able to avail themselves of. I uates the opportunity to pay in-state cluding active military service. This am not endorsing the concept of state- tuition rates upon admission to state applies to those receiving recognized hood, which would be perhaps one way colleges in Virginia and Maryland only. equivalent of secondary school diplo- to achieve that objective, although we They would have to be admitted as out mas. It provides for an incentive for would still then have to find the re- of state students, so they are com- population stability in the Nation’s sources that would be necessary to peting in a larger pool, although the capital. It gives graduates more build a comparable college system; but States themselves of Virginia and choices. It does not affect admissions I am endorsing the notion that we Maryland have the opportunity to cre- policies or standards. Regional compa- should do everything we can to estab- ate select pools for District residents nies and foundations are helping stu- lish a level playing field for those stu- should they choose to do that. But they dents qualify for college admission,

VerDate 29-OCT-99 01:54 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.068 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11175 and this legislation compliments that salaries, support their children, return trict residents, the entire region bene- effort. a tax base to the District of Columbia, fits. My friend from the District of Co- and make our Nation’s Capital the city It is a win-win for private business, lumbia mentioned Lou Nodo at Mobil it deserves to be and has the potential which has stepped in with its own Corporation, Don Graham at the Wash- to become. version of the D.C. College Access Act, ington Post. Steve Case at America On- This legislation is a giant step for- a private version which inspired in Line has been another leader, and ward. It is not the whole equation, but many ways the public version which we many other companies in the region I it is a vital part of the equation, Mr. pass today. think have contributed private dollars Speaker. I urge my colleagues to pass Mr. Speaker, everywhere I go in the that will compliment this effort. this legislation. city I meet the same response to this We have had extraordinary bipar- Mr. Speaker, I reserve the balance of bill. I go in the poorest sections of the tisan Congressional and administration my time. city all the time, and I go into the sec- cooperation, as my colleague from Ms. NORTON. Mr. Speaker, I yield tions of our city where people have Maryland noted. This will commence myself such time as I may consume. many opportunities, and the only way applying to students who graduated in Mr. Speaker, I want to once again you would know the difference is by January and June of 1998. The city will thank my good partner in the District the color of their skin, because you run the program with Federal over- in this House, the gentleman from Vir- certainly will not know it by the way sight. Disbursements will be made di- ginia (Mr. DAVIS), for the way he has in which they have received this bill. rectly to the eligible colleges, and worked steadfastly on this bill. When This bill is of the very first priority UDC, as I noted before, will receive $1.5 we met small problems along the way, to District residents, the District resi- million additional per year if it does and they were almost always small, we dents who would have no other oppor- not receive funds as a historically simply gathered our forces and with his tunity to go to institutions of the kind black college under the Higher Edu- staff and mine and he and me, we kept that will be available to them except cation Act from this legislation. charging forward. through this bill, and residents who Once again though, the basic concept The way in which we worked on this have other opportunities, but would as is to give children in the District of Co- bill should be noted as well, because soon move out of the District than be lumbia the same educational opportu- when we got to the Senate and found left to pay the difference, to pay the nities for an affordable college edu- that there were differences, instead of fine, as it were, of remaining a District cation that all of our children enjoy in squaring off, we simply closed in and resident once their children get ready the 50 states, an affordable college edu- Senate and House worked together for college. cation. This will help narrow the gap until we got a bill that both of us could Like my tax bills, this bill draws a between the very rich and the very in fact support. big circle around the city and all gath- poor in an information age, and edu- Mr. Speaker, I want to place this bill ered to join it. This bill is not one that cation is the key to narrowing that in its historic context. I believe it fair we might have thought would pass gap. to say that this bill belongs in the cat- In Fairfax County, across the river egory of bills that have made an his- even a couple of years ago, but with from the District, over 90 percent of toric difference to the District of Co- the city returning to full health, it is those who will be graduating from high lumbia, bills like the Home Rule Act, just the kind of response from the Con- school this year or are eligible to grad- the Revitalization Act, and my tax gress that will encourage the city to do uate from high school, will go on to benefits such as the $5,000 home buyer what it needs to do, because the sine higher education. In the District of Co- credit. qua non of this bill is that there is no lumbia, those 18-year-olds, if they This bill brings the kind of benefits free ride and no free lunch. You cannot graduate on time, it will be less than 25 to the District that will have the same get access to this bill unless you grad- percent, a huge disparity. One of the kind of broad effect on individuals, as uate from high school. What this bill reasons for this is for many of these well as the city itself. It keeps the will do will be to encourage youngsters kids there is no hope or opportunity of city’s demographics intact, and yet it who did not see any reason to go an affordable college education. This aids individuals. It is a win-win in all through all the work to graduate from legislation takes an important step in of the ways that matter. high school because there was nothing giving them hope for the future. This bill, as the chairman has indi- there afterwards for them. Now there is I will just note in Fairfax County cated, did not overlook the residents of the same thing that there would be if today our unemployment rate is under the District of Columbia who cannot they lived in any of the 50 states. 2 percent, it is about 1.8 percent. It is leave this town. Many of them have I speak, I know, for the residents of about 31⁄2 times that in the District of family obligations, many of them do the District of Columbia and every Columbia. Over the last 10 years, our not want to leave the District, so UDC ward of the city when I express my economy regionally has grown. Our Na- receives historically black college and gratitude to the chairman and to all tion has prospered. My Congressional university funded status, something who have worked on this bill and to the district has prospered. But in the bot- the university has sought for decades, Congress of the United States for what tom quarter of economic strata there and receives in this bill only because I hope will be final passage unani- has been very little movement, and in this bill opened opportunities in other mously today. places in the District there has been ways and the chairman was willing to Mr. Speaker, I yield back the balance little movement. The way to equalize work with me to make sure that in this of my time and urge unanimous pas- this is through educational opportuni- particular way we filled this gap for sage of H.R. 974. ties, and it is not by the government students who remain in the District. Mr. DAVIS of Virginia. Mr. Speaker, coming in with greater subsidies. That It is a win-win for youngsters who I yield myself such time as I may con- is a last resort. Giving people equal op- have friends in other states across the sume. portunity is the best resort. That is United States and see them having a Mr. Speaker, let me just say to my what this legislation does. choice of institutions, from junior col- colleague, I have enjoyed working with It guarantees a quality of oppor- lege, to all kinds of specialized schools, her on this legislation. I think it is tunity by allowing college and tech- to 4-year colleges, and see themselves landmark. I appreciate the support of nology educations to be affordable for with a struggling state university, one the other Members, the gentlewoman everyone. When the educational oppor- that many of them love, but simply from Maryland (Mrs. MORELLA), the tunities are equal, when college is af- does not provide them the array of gentleman from Virginia (Mr. MORAN) fordable for D.C. residents, as well as choices that youngsters in the 50 states and the other sponsors, many from the Maryland and Virginia residents, we have. region, some outside it, and the sup- are going to see more District of Co- It is a win-win for the region because port of the administration. Without all lumbia students attending college, all of us understand that our region has of us working together, putting aside being trained for the jobs of the future, no borders and that when we work to- some of the jurisdictional issues, we so they can start businesses, earn good gether and open opportunities for Dis- would not be where we are today.

VerDate 29-OCT-99 01:54 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.071 pfrm12 PsN: H01PT1 H11176 CONGRESSIONAL RECORD — HOUSE November 1, 1999 Mr. HOYER. Mr. Speaker I rise today in The D.C. College Access Act simply pro- H.R. 2737, by the yeas and the nays; support of the District of Columbia College Ac- vides the young people of the District of Co- and cess Act. lumbia an opportunity to have access to dis- H.R. 1714, by the yeas and the nays. This legislation would allow high school counted ``in-state' tuition rates to public and The Chair will reduce to 5 minutes graduates from the District of Columbia to pay private educational institutions in the state of the time for any electronic vote after in-State tuition rates at public colleges and Maryland, the commonwealth of Virginia, and the first vote in this series. universities in Maryland and Virginia. Specifi- here in the District of Columbia. f cally, the bill would allow District students to The D.C. appropriations bill recently adopt- apply for up to $10,000 a year, subject to a ed by the House provides $17 million toward FEMA AND CIVIL DEFENSE $50,000 cap, to offset the difference between this program. I hope that the President will MONUMENT ACT in-State and out-of-State tuition rates. Further- support that appropriation. The SPEAKER pro tempore. The more, students who choose to attend private I commend my colleague, the gentleman schools in the District and the adjacent Mary- pending business is the question of sus- from Virginia (Mr. DAVIS) for developing this pending the rules and passing the bill, land and Virginia counties may also apply for important legislation. And I also hope that my up to $2,500 to offset the cost of their private H.R. 348. colleagues will support this bill. The Clerk read the title of the bill. tuition. Mr. DAVIS of Virginia. Mr. Speaker, Although the District of Columbia Appropria- The SPEAKER pro tempore. The I yield back the balance of my time. question is on the motion offered by tions Act has not been signed into law, I am The SPEAKER pro tempore (Mr. pleased the latest version contains $17 million the gentleman from Utah (Mr. HANSEN) BARTON of Texas). The question is on that the House suspend the rules and for this important initiative. the motion offered by the gentleman As many of you know, I graduated high pass the bill, H.R. 348, on which the from Virginia (Mr. DAVIS) that the yeas and nays are ordered. school just across the border in Prince House suspend the rules and concur in Georges County in 1957. My parents were The vote was taken by electronic de- the Senate amendment to the bill, H.R. vice, and there were—yeas 349, nays 4, from very modest means and quite frankly 974. were not in the financial position to help me not voting 80, as follows: The question was taken; and (two- pay for college. I consider myself lucky [Roll No. 550] thirds having voted in favor thereof) though. Lucky because when my stepfather, the rules were suspended and the Sen- YEAS—349 who was in the Air Force, was transferred up ate amendment was concurred in. Abercrombie Crowley Herger to Andrews Air Force Base our family settled A motion to reconsider was laid on Ackerman Cummings Hill (IN) in Maryland. Aderholt Cunningham Hill (MT) Going part time I was able to go to the Uni- the table. Allen Davis (FL) Hilleary f Andrews Davis (VA) Hobson versity of Maryland. I used to go to school dur- Armey DeFazio Hoeffel ing the day and at night I worked first as a file GENERAL LEAVE Bachus DeGette Hoekstra clerk at the Central Intelligence Agency and Baird DeLauro Holt then on Capitol Hill. It was not always easy Mr. DAVIS of Virginia. Mr. Speaker, Baldacci DeMint Hooley I ask unanimous consent that all Mem- Baldwin Deutsch Horn balancing school and work and it took me 6 Ballenger Diaz-Balart Hostettler years to earn my undergraduate degree. How- bers may have 5 legislative days within Barcia Dickey Hoyer ever, I was able to do it because I had in-state which to revise and extend their re- Barrett (NE) Dicks Hunter marks on H.R. 974. Barrett (WI) Dingell Hutchinson tuition and I consider my decision to attend Bartlett Dixon Hyde the University of Maryland as one of the best The SPEAKER pro tempore. Is there Barton Doggett Inslee decisions I have made in my life. objection to the request of the gen- Bass Dooley Isakson The legislation that we have before us af- tleman from Virginia? Bateman Doolittle Istook There was no objection. Becerra Dreier Jackson (IL) fords high school graduates in the District of Bentsen Duncan Jenkins Columbia the same opportunity that I had. The f Bereuter Dunn John opportunity to attend an excellent university at Berman Edwards Johnson (CT) a reasonable cost. b 1630 Berry Ehlers Johnson, E. B. Biggert Ehrlich Johnson, Sam I would like to thank Congressman DAVIS RECESS Bilbray Emerson Jones (NC) and Congresswoman NORTON for all their work Bilirakis English Kanjorski on this legislation which I am pleased to co- The SPEAKER pro tempore (Mr. Bliley Eshoo Kaptur sponsor. Additionally, I would like to thank BARTON of Texas). Pursuant to clause Blumenauer Etheridge Kasich 12 of rule I, the Chair declares the Blunt Evans Kelly D.C. Appropriations Subcommittee Chairman Boehlert Ewing Kennedy ISTOOK and Ranking Member MORAN for in- House in recess until approximately 6 Bonilla Farr Kildee cluding funding for this legislation in their bill. p.m. Bonior Fattah Kilpatrick Mr. CUNNINGHAM. Mr. Speaker, as a Accordingly (at 4 o’clock and 30 min- Bono Filner Kind (WI) utes p.m.), the House stood in recess Borski Fletcher King (NY) member of the House Appropriations Sub- Boswell Foley Kingston committee on the District of Columbia, and as until approximately 6 p.m. Boucher Ford Kleczka a cosponsor of this legislation, I rise to en- f Boyd Fowler Knollenberg courage my colleagues to support H.R. 974, Brady (PA) Frank (MA) Kolbe b 1800 Brady (TX) Franks (NJ) Kucinich the District of Columbia College Access Act. Brown (FL) Frelinghuysen Kuykendall The Washington metropolitan area is one of AFTER RECESS Bryant Frost LaFalce America's leading centers for high technology. Burr Gallegly LaHood Telecommunications giant MCI was founded The recess having expired, the House Burton Gekas Lampson was called to order by the Speaker pro Buyer Gephardt Lantos here. In the suburbs lies America Online, the Callahan Gibbons Largent tempore (Mr. BARTON of Texas) at 6 MAE East, and several powerful and growing Calvert Gilchrest Larson engines of the global internet economy. Yet, p.m. Camp Gillmor Latham f Campbell Gilman LaTourette that growth, and these opportunities, lie be- Canady Gonzalez Lazio yond the reach of young people in the Na- ANNOUNCEMENT BY THE SPEAKER Cannon Goode Leach Capps Goodlatte Lee tion's Capital City, who lack affordable access PRO TEMPORE to many of this region's institutions of higher Capuano Gordon Levin The SPEAKER pro tempore. Pursu- Cardin Goss Lewis (CA) learning. Castle Graham Lewis (GA) We can change this situation for the better, ant to clause 8 of rule XX, the Chair Chabot Granger Lewis (KY) for the betterment of our country, and for the will now put the question on each mo- Clayton Green (TX) Linder betterment of the young people of this great tion to suspend the rules on which fur- Clement Green (WI) LoBiondo Clyburn Gutknecht Lofgren city. ther proceedings were postponed ear- Coble Hall (OH) Lucas (KY) I want the young people of the District of lier today in the order in which that Combest Hall (TX) Lucas (OK) Columbia to have a fighting chance to achieve motion was entertained. Condit Hansen Luther the American dream. I want for the global Votes will be taken in the following Conyers Hastings (FL) Maloney (CT) Cox Hastings (WA) Maloney (NY) internet economy to be their economy too, and order: Cramer Hayes Manzullo to be of their making. H.R. 348, by the yeas and the nays; Crane Hefley Markey

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.019 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11177 Martinez Phelps Snyder ANNOUNCEMENT BY THE SPEAKER King (NY) Nethercutt Sherman Mascara Pickering Souder Kingston Ney Sherwood Matsui Pickett Spence PRO TEMPORE Kleczka Northup Shimkus McCarthy (MO) Pitts Spratt The SPEAKER pro tempore (Mr. Knollenberg Norwood Shuster McCarthy (NY) Pombo Stabenow Kolbe Nussle Simpson McCollum Pomeroy Stark BARTON of Texas). Pursuant to clause 8 Kucinich Oberstar Sisisky McCrery Porter Stearns of rule XX, the Chair announces that Kuykendall Obey Skeen McDermott Portman Stenholm he will reduce to a minimum of 5 min- LaFalce Olver Skelton McGovern Price (NC) Strickland utes the period of time within which a LaHood Ortiz Slaughter McHugh Quinn Stump Lampson Ose Smith (MI) McInnis Radanovich Sununu vote by electronic device may be taken Lantos Oxley Smith (NJ) McIntosh Rahall Tancredo on each additional motion to suspend Largent Packard Smith (TX) McKeon Ramstad Tanner the rules on which the Chair has post- Larson Pallone Snyder Meehan Rangel Tauscher Latham Pascrell Souder Meek (FL) Regula Tauzin poned further proceedings. LaTourette Pastor Spence Meeks (NY) Reyes Terry Lazio Paul Spratt Menendez Reynolds Thomas f Leach Payne Stabenow Millender- Riley Thompson (CA) Lee Pease Stark McDonald Rivers Thornberry LAND CONVEYANCE LEWIS AND Levin Pelosi Stearns Miller (FL) Rodriguez Thune CLARK NATIONAL HISTORIC Lewis (CA) Peterson (MN) Stenholm Miller, Gary Roemer Thurman Lewis (GA) Peterson (PA) Strickland Miller, George Rogan Tiahrt TRAIL, ILLINOIS Lewis (KY) Petri Stump Minge Rogers Tierney The SPEAKER pro tempore. The Linder Phelps Sununu Mollohan Rohrabacher Towns LoBiondo Pickering Tancredo Moore Ros-Lehtinen Traficant pending business is the question of sus- Lofgren Pickett Tanner Moran (KS) Rothman Turner pending the rules and passing the bill, Lucas (KY) Pitts Tauscher Moran (VA) Roukema Udall (CO) H.R. 2737, as amended. Lucas (OK) Pombo Tauzin Morella Roybal-Allard Udall (NM) Luther Pomeroy Terry Murtha Royce Upton The Clerk read the title of the bill. Maloney (CT) Porter Thomas Nadler Ryan (WI) Velazquez The SPEAKER pro tempore. The Maloney (NY) Portman Thompson (CA) Napolitano Ryun (KS) Vento question is on the motion offered by Manzullo Price (NC) Thornberry Nethercutt Sanchez Visclosky the gentleman from Utah (Mr. HANSEN) Markey Quinn Thune Ney Sawyer Vitter Martinez Radanovich Thurman Northup Saxton Walden that the House suspend the rules and Mascara Rahall Tiahrt Norwood Schakowsky Walsh pass the bill, H.R. 2737, as amended, on Matsui Ramstad Tierney Nussle Scott Waters which the yeas and nays are ordered. McCarthy (MO) Rangel Towns Oberstar Sensenbrenner Watt (NC) McCarthy (NY) Regula Traficant Obey Shadegg Waxman This is a 5-minute vote. McCollum Reyes Turner Olver Shaw Weldon (FL) The vote was taken by electronic de- McCrery Reynolds Udall (CO) Ortiz Shays Weller vice, and there were—yeas 355, nays 0, McDermott Riley Udall (NM) Ose Sherman Wexler not voting 78, as follows: McGovern Rivers Upton Oxley Sherwood Weygand McHugh Rodriguez Velazquez Packard Shimkus Whitfield [Roll No. 551] McInnis Roemer Vento Pallone Shuster Wicker YEAS—355 McIntosh Rogan Visclosky Pascrell Simpson Wilson McKeon Rogers Vitter Pastor Sisisky Wise Abercrombie Clayton Gibbons Meehan Rohrabacher Walden Payne Skeen Wolf Ackerman Clement Gilchrest Meek (FL) Ros-Lehtinen Walsh Pease Skelton Woolsey Aderholt Clyburn Gillmor Meeks (NY) Rothman Waters Pelosi Slaughter Wu Allen Coble Gilman Menendez Roukema Watt (NC) Peterson (MN) Smith (MI) Young (AK) Andrews Combest Gonzalez Metcalf Roybal-Allard Waxman Peterson (PA) Smith (NJ) Young (FL) Armey Condit Goode Millender- Royce Weldon (FL) Petri Smith (TX) Bachus Conyers Goodlatte McDonald Rush Weller Baird Cox Gordon Miller (FL) Ryan (WI) Wexler NAYS—4 Baldacci Cramer Goss Miller, Gary Ryun (KS) Weygand Chenoweth-Hage Paul Baldwin Crane Graham Miller, George Sanchez Whitfield Metcalf Sanford Ballenger Crowley Granger Minge Sanford Wicker Barcia Cummings Green (TX) Mollohan Sawyer Wilson NOT VOTING—80 Barrett (NE) Cunningham Green (WI) Moore Saxton Wise Archer Fossella Neal Barrett (WI) Davis (IL) Gutknecht Moran (KS) Schakowsky Wolf Baker Ganske Owens Bartlett Davis (VA) Hall (OH) Moran (VA) Scott Woolsey Barr Gejdenson Pryce (OH) Barton DeFazio Hall (TX) Morella Sensenbrenner Wu Berkley Goodling Rush Bass DeGette Hansen Murtha Shadegg Young (AK) Bishop Greenwood Sabo Bateman DeLauro Hastings (FL) Nadler Shaw Young (FL) Blagojevich Gutierrez Salmon Becerra DeMint Hastings (WA) Napolitano Shays Boehner Hayworth Sanders Bentsen Deutsch Hayes Brown (OH) Hilliard Sandlin Bereuter Diaz-Balart Hefley NOT VOTING—78 Berman Carson Hinchey Scarborough Dickey Herger Archer Fossella Owens Berry Chambliss Hinojosa Schaffer Dicks Hill (IN) Baker Ganske Pryce (OH) Biggert Clay Holden Serrano Dingell Hill (MT) Barr Gejdenson Sabo Bilbray Coburn Houghton Sessions Dixon Hilleary Berkley Goodling Salmon Bilirakis Collins Hulshof Shows Doggett Hinchey Bishop Greenwood Sanders Bliley Cook Jackson-Lee Smith (WA) Dooley Hobson Blagojevich Gutierrez Sandlin Blumenauer Cooksey (TX) Stupak Doolittle Hoeffel Boehner Hayworth Scarborough Blunt Costello Jefferson Sweeney Dreier Hoekstra Bonilla Hilliard Schaffer Boehlert Coyne Jones (OH) Talent Duncan Holt Buyer Hinojosa Serrano Bonior Cubin Klink Taylor (MS) Dunn Hooley Carson Holden Sessions Bono Danner Lipinski Taylor (NC) Edwards Horn Chambliss Houghton Shows Borski Davis (IL) Lowey Thompson (MS) Ehlers Hostettler Clay Hulshof Smith (WA) Boswell Deal McIntyre Toomey Ehrlich Hoyer Coburn Jackson-Lee Stupak Boucher Delahunt McKinney Wamp Emerson Hunter Collins (TX) Sweeney Boyd DeLay McNulty Watkins Engel Hutchinson Cook Jefferson Talent Brady (PA) Doyle Mica Watts (OK) English Hyde Cooksey Jones (OH) Taylor (MS) Brady (TX) Engel Mink Weiner Eshoo Inslee Costello Klink Taylor (NC) Brown (FL) Everett Moakley Weldon (PA) Etheridge Isakson Coyne Lipinski Thompson (MS) Brown (OH) Forbes Myrick Wynn Evans Istook Cubin Lowey Toomey Bryant Ewing Jackson (IL) Danner McIntyre Wamp b Burr 1823 Farr Jenkins Davis (FL) McKinney Watkins Burton Fattah John Deal McNulty Watts (OK) Mrs. CHENOWETH-HAGE, Mr. Callahan Filner Johnson (CT) Delahunt Mica Weiner Calvert PAUL, and Mr. METCALF changed Fletcher Johnson, E. B. DeLay Mink Weldon (PA) Camp their vote from ‘‘yea’’ to ‘‘nay.’’ Foley Johnson, Sam Doyle Moakley Wynn Campbell So (two-thirds having voted in favor Ford Jones (NC) Everett Myrick Canady Fowler Kanjorski Forbes Neal thereof) the rules were suspended and Cannon Frank (MA) Kaptur the bill was passed. Capps Franks (NJ) Kasich b The result of the vote was announced Capuano Frelinghuysen Kelly 1831 as above recorded. Cardin Frost Kennedy So (two-thirds having voted in favor Castle Gallegly Kildee A motion to reconsider was laid on Chabot Gekas Kilpatrick thereof) the rules were suspended and the table. Chenoweth-Hage Gephardt Kind (WI) the bill, as amended, was passed.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.026 pfrm12 PsN: H01PT1 H11178 CONGRESSIONAL RECORD — HOUSE November 1, 1999 The result of the vote was announced Sensenbrenner Spence Turner Stated for: Shadegg Stearns Udall (CO) as above recorded. Shaw Stenholm Upton Ms. STABENOW. Mr. Speaker, on rollcall A motion to reconsider was laid on Shays Stump Vitter No. 552, I was unavoidably detained. Had I the table. Sherman Sununu Walden been present, I would have voted ``yes.'' Sherwood Tancredo Walsh f Shimkus Tauscher Weldon (FL) f Shuster Tauzin Weller Simpson Terry Weygand PERSONAL EXPLANATION ELECTRONIC SIGNATURES IN Sisisky Thomas Whitfield GLOBAL AND NATIONAL COM- Skeen Thompson (CA) Wicker Mr. MICA. Mr. Speaker, on rollcall Nos. 550, MERCE ACT Smith (MI) Thornberry Wilson 551, and 552, I was unavoidably delayed due Smith (NJ) Thune Wolf to mechanical problems on Delta Airlines flight The SPEAKER pro tempore (Mr. Smith (TX) Tiahrt Wu to Washington, DC. Had I been present, I Snyder Towns Young (AK) BARTON of Texas). The pending busi- would have voted ``yea.'' ness is the question of suspending the Souder Traficant Young (FL) f rules and passing the bill, H.R. 1714, as NAYS—122 amended. Abercrombie Gephardt Nadler SPECIAL ORDERS The Clerk read the title of the bill. Ackerman Gonzalez Oberstar The SPEAKER pro tempore. The Allen Hall (OH) Obey The SPEAKER pro tempore. Under Andrews Hastings (FL) Olver question is on the motion offered by the Speaker’s announced policy of Jan- Baird Hill (IN) Ortiz uary 6, 1999, and under a previous order the gentleman from Virginia (Mr. BLI- Baldacci Hinchey Pallone of the House, the following Members LEY) that the House suspend the rules Baldwin Hoeffel Pascrell and pass the bill, H.R. 1714, as amend- Barrett (WI) Hoyer Pastor will be recognized for 5 minutes each. Becerra Jackson (IL) Paul f ed, on which the yeas and nays are or- Bentsen John Payne dered. Berman Johnson, E. B. Phelps GENERAL LEAVE This will be a 5-minute vote. Berry Kanjorski Pomeroy Bonior Kaptur Rahall Mrs. THURMAN. Mr. Speaker, I ask The vote was taken by electronic de- Borski Kildee Rangel vice, and there were—yeas 234, nays Brady (PA) Kilpatrick Reyes unanimous consent that all Members 122, not voting 77, as follows: Brown (FL) Kleczka Rivers may have 5 legislative days within Brown (OH) Kucinich Rodriguez [Roll No. 552] which to revise and extend their re- Capuano LaFalce Rothman marks on the subject of my special YEAS—234 Cardin Lampson Roybal-Allard Chenoweth-Hage Lantos Rush order. Aderholt Ewing Linder Clayton Lee Sawyer The SPEAKER pro tempore. Is there Armey Fletcher LoBiondo Clyburn Levin Schakowsky objection to the request of the gentle- Bachus Foley Lofgren Conyers Lewis (GA) Scott Ballenger Fowler Lucas (KY) Cummings Luther Skelton woman from Florida? Barcia Franks (NJ) Lucas (OK) Davis (IL) Maloney (NY) Slaughter There was no objection. Barrett (NE) Frelinghuysen Maloney (CT) DeFazio Markey Spratt f Bartlett Frost Manzullo DeGette Martinez Stark Barton Gallegly McCarthy (NY) DeLauro Mascara Strickland Bass Gekas McCollum Deutsch Matsui Tanner TRIBUTE TO DR. JOHN LOMBARDI Bateman Gibbons McCrery Dicks McCarthy (MO) Thurman The SPEAKER pro tempore. Under a Bereuter Gilchrest McHugh Dingell McDermott Tierney Biggert Gillmor McInnis Dixon McGovern Udall (NM) previous order of the House, the gentle- Bilbray Gilman McIntosh Duncan Meehan Velazquez woman from Florida (Mrs. THURMAN) is Bilirakis Goode McKeon Edwards Meek (FL) Vento Bliley Goodlatte Metcalf recognized for 5 minutes. Engel Meeks (NY) Visclosky Mrs. THURMAN. Mr. Speaker, I am Blumenauer Gordon Miller (FL) Evans Menendez Waters Blunt Goss Miller, Gary Farr Millender- Watt (NC) here today along with other Members Boehlert Graham Minge Fattah McDonald Waxman of the Florida congressional delegation Bonilla Granger Moore Filner Miller, George Wexler to pay tribute to an accomplished lead- Bono Green (TX) Moran (KS) Ford Mollohan Wise Boswell Green (WI) Moran (VA) Frank (MA) Murtha Woolsey er and a very special man, Dr. John Boucher Gutknecht Morella Lombardi. Today is Dr. Lombardi’s last Boyd Hall (TX) Napolitano NOT VOTING—77 Brady (TX) Hansen Nethercutt day as president of the University of Archer Gejdenson Neal Bryant Hastings (WA) Ney Florida. Baker Goodling Owens Burr Hayes Northup Barr Greenwood Pryce (OH) I remember thinking to myself when Burton Hefley Norwood Berkley Gutierrez Sabo Dr. Lombardi came on board in 1990 Buyer Herger Nussle Bishop Hayworth Salmon Callahan Hill (MT) Ose that we were very lucky to have him. Blagojevich Hilliard Sanders Calvert Hilleary Oxley He came to the University of Florida Boehner Hinojosa Sandlin Camp Hobson Packard Carson Holden Scarborough from Johns Hopkins University where Campbell Hoekstra Pease Chambliss Houghton Serrano Canady Holt Pelosi he excelled as provost and vice presi- Clay Hulshof Sessions Cannon Hooley Peterson (MN) dent for academic affairs. Coburn Jackson-Lee Shows Capps Horn Peterson (PA) Collins (TX) Smith (WA) Castle Hostettler Petri b 1845 Cook Jefferson Stabenow Chabot Hunter Pickering Cooksey Jones (OH) Stupak Clement Hutchinson Pickett Before that, he spent 20 years at Indi- Costello Kennedy Sweeney Coble Hyde Pitts ana University, where he held a variety Coyne Klink Talent Combest Inslee Pombo Cubin Largent Taylor (MS) of teaching and administrative posi- Condit Isakson Porter Danner Lipinski Taylor (NC) tions, including Director of Latin Cox Istook Portman Deal Lowey Thompson (MS) Cramer Jenkins Price (NC) American Studies, Dean of Inter- Delahunt McIntyre Toomey Crane Johnson (CT) Quinn national Programs, and Dean of Arts DeLay McKinney Wamp Crowley Johnson, Sam Radanovich Doyle McNulty Watkins and Sciences. Cunningham Jones (NC) Ramstad Everett Mica Watts (OK) Davis (FL) Kasich Regula These positions at distinguished uni- Forbes Mink Weiner Davis (VA) Kelly Reynolds versities helped to shape Dr. Lombardi Fossella Moakley Weldon (PA) DeMint Kind (WI) Riley Ganske Myrick Wynn into the innovative dynamic leader he Diaz-Balart King (NY) Roemer proved to be while at the top post of Dickey Kingston Rogan b 1840 Doggett Knollenberg Rogers the University of Florida. Dooley Kolbe Rohrabacher Mr. CROWLEY changed his vote from Just to highlight some of his accom- Doolittle Kuykendall Ros-Lehtinen ‘‘nay’’ to ‘‘yea.’’ plishments and to help explain why he Dreier LaHood Roukema Dunn Larson Royce Mr. SHERMAN changed his vote will be missed so much, Dr. Lombardi Ehlers Latham Ryan (WI) from ‘‘present’’ to ‘‘yea.’’ led the University of Florida through a Ehrlich LaTourette Ryun (KS) So (two-thirds not having voted in decade of great accomplishment. Fol- Emerson Lazio Sanchez favor thereof) the motion was rejected. lowing his vision, the University of English Leach Sanford Eshoo Lewis (CA) Saxton The result of the vote was announced Florida waged an amazing 5-year pri- Etheridge Lewis (KY) Schaffer as above recorded. vate fund-raising drive that brought in

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.079 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11179 more than $570 million by the end of are way up. He has implemented very Mr. YOUNG of Florida. Mr. Speaker, I want September and the campaign is well on effective programs to help students to commend my colleague from Florida, its way towards reaching its revised graduate within 4 years. He has in- KAREN THURMAN, for calling this special order goal of $750 million by the end of the creased the number of combined degree today to honor Dr. John Lombardi, the out- year 2000. programs so undergraduates can now going President of the University of Florida. Dr. Lombardi played an instrumental earn a bachelor and master’s degree in Dr. Lombardi has served the University of role in shaping the university into one 5 or 6 years. He has led the effort to Florida with distinction as president for the of the country’s best public research make computers accessible to all stu- past 9 years. During this time, he has taken institutions. The university ranks 12th dents, and even provided every student the university to new national levels of excel- in the country in total research and de- and faculty member with free e-mail lence, from the classroom, to the research lab- velopment spending at public univer- and Internet accounts. The buildings oratories, to the athletic fields. sities and under his leadership the re- on the campuses are new and improved The number of National Merit Scholars at- search awards to the university in- because of him. The campus has new tending the university has more than doubled creased from $161 million in 1990 to $296 dorms, a new student recreational cen- during his presidency. Private gifts to the uni- million in 1999. ter, softball complex, dining room, versity have increased by almost two-thirds Clearly, the additional research dol- chemistry building, physics building, and research and development funds from lars and the success of the private vet school, cancer center and the Brain Federal, State, and private sources have more fund-raising campaign are due in large Institute. than doubled. And we all know of the univer- part to the tremendous job Dr. He also oversaw the transformation sity's prowess on the athletic fields under Dr. Lombardi has done in making the Uni- of the university’s teaching hospital, Lombardi's presidency. The Gators won na- versity of Florida one the country’s Shands, into a multihospital health tional championships in football, men's golf, leading public higher institutions of care system that spans communities women's tennis, women's soccer, and numer- learning. throughout north central Florida, in- ous Southeastern Conference championships This year, U.S. News and World Re- cluding Jacksonville, whose represent- in a wide range of sports. port ranked the University of Florida atives are the gentlewoman from Flor- On a personal note, my colleagues should know how diligently Dr. Lombardi has worked 16th in the country in an overall rating ida (Ms. BROWN) and the gentlewoman with Congress on behalf of our great State of of public universities and, according to from Florida (Mrs. FOWLER). These are Florida and its university system. One dream the latest survey, Money magazine just some of his remarkable accom- of Dr. Lombardi, which I had the opportunity to rated the university number 10 for plishments during his tenure. assist with through my work on the Appropria- schools offering the most value for the I've also come to understand and realize tions Committee, was the creation of the Brain cost. Last year, Kiplinger’s business firsthand the love the students have for this Institute. Through his work and dedication on magazine ranked the university fifth man. Every year during the homecoming pa- this project, the University of Florida now among State universities in the coun- rade, thousands of students stand along the hosts an institute which will lead to critical new try for offering the most value for the sidelines cheering as he passes. They adore medical research and technological break- tuition. him and he's earned their affection through his throughs to help generations of people Those are all ratings to be proud of, warmth, accessibility and understanding. He and Dr. Lombardi can take credit for throughout our Nation and the world. can walk through the campus and the stu- Mr. Speaker, Dr. Lombardi has served our these successes and many more for his dents just know him, and I'm not sure I've State, the University of Florida, its faculty and commitment to an overall mission he seen that in many places over the years. students honorably and with a conviction coined: ‘‘It’s performance that counts.’’ For this reason, I'm pleased to learn Dr. these past nine years. He has been an out- I first had the pleasure of working Lombardi will be staying on at the university to standing ambassador for the university with with Dr. Lombardi while serving in the direct the Center for Florida Studies in the Hu- the Florida congressional delegation and I Florida State Senate. While under the manities and Social Sciences and teaching want to say how much we appreciate his dedi- leadership of the gentlewoman from courses in the history department. Throughout cation and how much we will miss his hard Florida (Mrs. MEEK), I had the privi- his tenure as president, Dr. Lombardi always work and his friendship. Thank you Dr. lege of working as the liaison between made time to teach a course every semester Lombardi for your service and I join with my the Senate Appropriations Sub- on campus, ranging from the history of inter- colleagues from Florida in wishing you and committee on Education and leaders of collegiate sports to Latin American history to your wife Cathryn all the best as you continue higher education in the State. During international business. your work to improve the quality of education this time, I had the opportunity to He enjoys sharing his knowledge, and in for our Nation's students. work with the board of regents and the this way, he will continue to influence students Mr. SCARBOROUGH. Mr. Speaker, on No- chancellor and I soon got to know on campus and make a difference. vember 1, 1999, the citizens of the State of President Lombardi. I was trying to explain to someone in my of- Florida will be losing a man who has dedi- From the very start, he was a very fice the other day exactly why Dr. Lombardi is cated the last decade to making the University impressive man. He came in with fresh so popular. And I have to admit, it can be hard of Florida one of the greatest public univer- ideas and had an uncanny ability to to boil down to a few words. But sometimes sities in the country. This gentleman has dis- talk to people with great clarity and you just meet someone and you just like them. tinguished himself as a community leader, a conviction. That enabled him to rise to You work with them and over time you be- dedicated educator, and one of our Nation's the position of unofficial spokesman on come friends. You see something in them that finest collegiate administrators. The man I behalf of higher education before the you think is very special and that draws you speak about today is Dr. John Lombardi, State Senate and House Committee on to them. Perhaps it's their warmth or the way president of the University of Florida. Appropriations and he earned my re- they approach life. That's how it is with both During Dr. Lombardi's 91¤2-year tenure as spect and admiration in the process. Dr. Lombardi and his wonderful wife, Cathryn. president, the University of Florida's enroll- He was the idea man. He was the one They are both very special people, and I am ment increased to more than 43,000 students who was able to go in with such force very appreciative of the work they have done and its budget is now almost twice what it was that people realized that what they for both the university and the community. I when he arrived in 1990. UF was ranked the were doing was important. I am grate- would like to thank them for helping the Uni- 16th-best public university in the United States ful I was able to continue my working versity of Florida achieve particularly ambitious by U.S. News & World Report earlier this year, relationship with Dr. Lombardi after goals through dedication, commitment and the buildings have popped up all over campus and leaving the State Senate following my general belief that indeed, ``It's Performance an ambitious capital campaign is nearing com- election to Congress in 1992 as the rep- that Counts.'' pletion. Since 1990, the number of degrees resentative of Florida’s 5th District, Mr. Speaker, before I end with my awarded annually from UF's graduate pro- including the University of Florida. tribute I would like to make mention grams has increased from 1,613 in 1988 to Since that time, I have watched him that the gentleman from Florida (Mr. 2,558 in 1998. Research expenditures have set many of his ideas into motion and SCARBOROUGH) could not be here to pay more than doubled since 1988, from $126 mil- make a difference. Among his many ac- tribute in person because of recent lion to $271 million. complishments, the university’s enroll- back surgery, but he will submit a trib- In my opinion, Mr. Speaker, John Lombardi ment, retention and graduation rates ute for the RECORD. has gone above and beyond the call of duty

VerDate 29-OCT-99 02:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.082 pfrm12 PsN: H01PT1 H11180 CONGRESSIONAL RECORD — HOUSE November 1, 1999 throughout this distinguished career in the field Instead, to my surprise, President Lombardi Information System (or ISIS) that allows stu- of education. His personality and genuine con- stepped out of his truck. This truck has be- dents to on-line information on their personal cern for the well being and intellectual devel- come a Lombardi trademark around campus. finance, housing, grades, and curriculum. He opment of students has been the key to his Yes, this noted scholar does not require the has also created the UF BankÐa paradigm for success. John was never the type of university pomp and trappings of his office. He is equally collegiate financial processing, as well as an president who governed from an ivory tower comfortable conversing with the erudite as Integrated Healthcare System, Genetics Insti- on campus. John was a president who could with the common man, and this egalitarian tute, Brain Institute, and numerous combined be seen on any given school day, walking to quality marks all that he does. degree programs. his office through the campus, all the while As with the truck, John is also well known When considering Mr. Lombardi's initiatives, interacting with students and teachers. On for the red suspenders he wears to the foot- one must also consider his university develop- rainy days in Gainesville, Dr. Lombardi would ball games. In addition to the arrival of Presi- ment at the University of Florida. President drive his old, red pick-up truck to work. On fall dent Lombardi, 1990 marked a significant turn Lombardi has overseen and initiated the build- Saturdays, John could be seen cheering on around in Gator football. Steve Spurrier was ing of new dormitories, a student recreational the Fightin' Gators to another gridiron victory brought in as coach. In the previous 56 years, center, Gator Dining, and buildings for chem- with 85,000 other fans and students. no Florida team has captured an official istry, physics, veterinary medicine, and cancer John's maverick attitude and dedication to Southeastern Conference ChampionshipÐthe research. His fundraising efforts have brought public education has been a model in the lives Gators won three in the early 1990's. The ar- more than half a billion dollars to the university of the thousands of students, parents, edu- rival of John Lombardi enhanced more than for further initiatives. cators, and university employees that he has the academic standing of the university, it initi- Mr. Lombardi's most impressive char- taught, supervised, and encouraged. His leg- ated the rise of a sports powerhouse. acteristic, however, may be his ability to lead. acy will tell of a tireless man in black, horn- John is also a family man, and I always Mr. Lombardi is a charismatic leader, a vision- rimmed glasses, who always fought for what enjoy the time I spend with them. His wife ary, responsible for the actions of himself and he thought was best for the University of Flor- Cathryn and I share an interest in science fic- his administration and adept at the often ida and accepted no compromises. tion, and I always appreciate the chance to harrowing necessities of his occupation. When Even as John ends his tenure as president compare notes and to exchange recommenda- the Legislature of the State of Florida set forth of the University of Florida, his dedication to tions. This is a wonderful American family with budgetary restrictions that many thought would education will remain a priority in his life. John two children, and I had the pleasure to have hinder the universities, Mr. Lombardi effec- will continue to remain on the faculty of UF as one of them work in my office part time. tively managed to save 41 of 44 new pro- a history professor and as a co-director of the In the first century B.C., the Roman poet grams to the astonishment of his peers at uni- Center for Studies of Humanities and Social Horace urged that man ``seek for truth in the versities throughout the State of Florida. He Sciences. groves of Academe.'' The brilliance of John has often dealt directly with the State legisla- So today, when that old, red pickup truck Lombardi is exhibited through his efforts to ture to serve the needs of the University of pulls away from the president's house in seek the truth through learning. As president, Florida. Gainesville, FL for the last time, let us think he has taken many courageous standsÐcou- Mr. Lombardi has said that, ``to succeed we about the gifts that Dr. John Lombardi has rageous because they have been controver- must perform, we must be efficient and we given the students of the University of Florida. sial. However, the pursuit of enlightenment is must produce first-rank quality in all that we Gifts like leadership, imagination, greatness, not, and should not. always be easy. Avoiding do.'' His statement is certainly indicative of his and pride. controversy means accepting mediocrityÐand tenure as president of the University of Flor- Mr. STEARNS. Mr. Speaker, I appreciate that is not John Lombardi. ida. He has brought honor to his university, to this opportunity to join with my Florida col- Each of us is here in the world to accom- his State, and to his country through his term leagues in paying tribute to John Lombardi, plish something. During his tenure as presi- of office. who stepped down today as president of the dent, John Lombardi has stood in the gap to Mr. BILIRAKIS. Mr. Speaker, I rise today to University of Florida. Although Dr. Lombardi is make a difference. He has set an example of recognize and honor John V. Lombardi, who leaving the administrative side of the univer- excellence in pubic and private service which has served with distinction as the president of sity, he will return to teaching in the school's should be an example for all. history department. John, thank you for your friendship and for the University of Florida for over 9 years. In When I took office in 1989, I represented all that you have done for the University of that role, he has taken this distinguished insti- Gainesville and the University of Florida until Florida. We are sorry to see you leave office, tution to new heights of academic perform- 1992. Although no longer in my district, the but you have earned this return to the class- ance. university is an important resource for the peo- room where you will continue to help shape I had the pleasure of meeting John ple of Florida, and I have continued to be in- the minds of the future. Lombardi shortly after his inauguration as volved with the school. Over the years, I have Mr. SHAW. Mr. Speaker, today is the final president of the University of Florida. Since had the privilege of working with John day that Mr. John Lombardi will serve in his that time, I have come to know Dr. Lombardi Lombardi and I am proud of what we have ac- capacity as president of the University of Flor- well. I have seen firsthand the profound im- complished. ida. Throughout the last 10 years he has pact he has had at the university in the inter- In 1990, Dr. Lombardi became the president served as not only a president, but as a teach- vening years. Quite frankly, Dr. Lombardi has of the University of Florida. Through his hard er, mentor, historian, innovator, and architect been unique among university presidents in work and dedication, the University of Florida of educational improvement throughout the his ability to relate to students, staff, faculty, has heightened its educational reputation and State of Florida. I am honored to include him and all those who support the University of enhanced its commitment to excellence. among the great leaders of my State. Florida. Under the guidance of Dr. Lombardi over this Though Mr. Lombardi's presidency has As a Member of Congress, I am well aware decade, academic standards have increased, been characterized by conflict, it is through of the difficulty in maintaining close contact student performance has risen, graduation this conflict that he has exuded his abilities as with one's constituents. It takes work; it takes rates have improved, and the modernization of an exceptional leader. Before Mr. Lombardi prioritizingÐbut it is vital to accurate represen- equipment and facilities have flourished. The even began his term in 1990, he found himself tation. Dr. Lombardi has set as his priority the 1990's will long be seen as an era of devel- in the midst of a a racial conflict on campus. ``pursuit of ever-higher quality'' in every area oping a premier institute of higher learning at Mr. Lombardi not only mitigated the crisis, but throughout the University of Florida. the University of Florida. used it as a platform for promoting racial To achieve this goal, he has made himself Although an outstanding administrator and equality at the University of Florida. From that available to the students, to the faculty and to educator, John has other attributes that I am ordeal, he committed his administration to the staff, among others. He has been a leader pleased to point out. I recall one of my first making UF more comfortable and accessible of efforts to improve and diversify programs meetings with him. A number of us were in to minority students. and to secure financial and community sup- Gainesville for a school dinner and waiting for While Mr. Lombardi's term of service can be port. President Lombardi to show up. I was looking characterized by challenges, it can also be I want to publicly commend Mr. Lombardi down the road and saw and old, odd looking characterized by innovation. Under Mr. for his dedicated service to the University of truck lumbering up the road. I though it was Lombardi's administration, the University of Florida. Throughout his commitment, he has probably the landscaper coming in to complete Florida has excelled in technology and edu- helped to provide direction and positive growth some final touches before the event. cation. He has instituted an Integrated Student for a generation of Floridians.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.046 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11181 Mr. BOYD. Mr. Speaker, I would like to take pickup truck, and it became quite clear teaching. He will be teaching history this opportunity to pay tribute to retiring Uni- immediately that this was a very spe- again, and his students will be very versity of Florida president John Lombardi. Dr. cial person who could relate just as ef- lucky to have him there. But this is Lombardi is departing his post today after a fectively with the students as he did our opportunity tonight to thank him decade of service to our university, its stu- with the academics and the adminis- for his courageous leadership and for dents and the surrounding community. Dr. trators. his example in the years to come as the Lombardi's tenure was marked by his dedica- He truly believed in the greatness of University of Florida prospers under tion to a mission of shaping the University of the university and he had a very his tremendous stewardship. Florida into the world-class institution it has unique style of communication that al- The SPEAKER pro tempore. Under a become today. lowed him to spread his vision that, previous order of the House, the gen- As a member of the Florida State Legisla- notwithstanding the tremendous rep- tleman from Florida (Mr. MILLER) is ture, I had the opportunity to develop a per- utation the University of Florida had, recognized for 5 minutes. sonal relationship with Dr. Lombardi as he it was far ahead of its reputation. Mr. MILLER of Florida. Mr. Speaker, worked with the legislature to ensure the uni- John Lombardi’s style of commu- I rise today to pay tribute to Dr. John versity obtained the resources it needed to nication was unique; professional, hon- Lombardi, the outgoing President of serve Florida's students and develop its rep- est, direct and at times blunt, but he my alma mater, the University of Flor- utation as a quality research institution. I have said what many people wanted to hear ida. always been impressed by his tireless efforts and he took the university through a Dr. Lombardi leaves his distinguished posi- on behalf of the university to raise academic great deal of progress in a very short tion today after a proud decade of immeas- period of time. As the gentlewoman standards and student performance and ex- urable service. During this period, he was in- from Florida (Mrs. THURMAN) has pand opportunities for the entire university strumental in promoting the University of Flor- elaborated, research dollars increased community. ida's reputation as one of the premier public by double the amount they were when Dr. Lombardi's commitment, however, ex- universities in the United States. However, he arrived; the academic credentials of tended beyond the boundaries of his campus, even as he prepares to leave this position, his the student body increased dramati- as the entire State of Florida has benefited commitment to education remains unabated. cally. One statistic I will quote, which from his years of service. The constituents of Dr. Lombardi plans to return to the classroom is a little daunting for us, the entering the Second Congressional District, in par- as a professor in the University's history de- freshman at the University of Florida ticular, have profited from Dr. Lombardi's sup- partment. Such dedication is typical of Dr. now is a 3.90. Lombardi, as evidenced by his record of ac- port of the land grant university's concept of a Dr. Lombardi also shepherded complishments and achievements as the ``People's'' university through its Institute of through the creation of three very na- Food and Agricultural Sciences. Dr. Lombardi tionally well-known centers, the UF President of the University of Florida. Complete enumeration of Dr. Lombardi's ac- recognized the campus' critical role in devel- Brain Institute, the Engineering Re- complishments would take days, so I will focus oping research, teaching and extension pro- search Center for Particle Science, and grams to serve Florida's agricultural commu- the National High Magnetic Labora- on a few accomplishments that I believe best nity. tory, which is under the auspices of the portray Dr. Lombardi's tenure. Foremost among the accomplishments dur- Most impressive, however, has been Dr. University of Florida, Florida State Lombardi's devotion to the University of Flor- University and Los Alamos National ing the Lombardi years is the creation of the ida's most important resourceÐits students. At Laboratory. University of Florida Brain Institute. This insti- a time when higher education institutions are The 1990s has not been the easiest tute focuses on brain and spinal cord research bursting at the seams, Lombardi has always decade to manage a university. But and treatment, and is recognized internation- put the needs of his students first, and as a John Lombardi’s creativity and really for its faculty, clinicians, students, and result, he has earned the affection of the en- sourcefulness helped the University of staff. Dr. Lombardi oversaw the creation of tire student body. Florida thrive in a time of shrinking this institute, and construction of a six-story, On behalf of the Second Congressional Dis- budgets and bulging enrollments. He $60 million building to house this comprehen- trict, I would like to thank Dr. Lombardi and created a money management system sive center devoted entirely to neuroscience. send him best wishes for all his future endeav- that gave his deans and directors more Under Dr. Lombardi, the University has also ors. We will not forget the many ways he has control and flexibility of their own increased the availability of combined degree made the University and the State of Florida budgets. The deans thrived under this programs for undergraduates who want to a better place. system, saving more than $6.7 million earn both a Bachelors and a Masters degree f in 1996 and 1997, and $12 million the in five or six years. These programs have proven to be very popular with students seek- The SPEAKER pro tempore (Mr. next year. They took those savings and ing to take advantage of the university's cur- KUYKENDALL). Under a previous order put them directly into student serv- ricular depth during a five or six year experi- of the House, the gentleman from Flor- ices. In addition to all these achieve- ence. ida (Mr. DIAZ-BALART) is recognized for Also underway, as a direct result of Dr. 5 minutes. ments, Dr. Lombardi taught us something very important. Something that Lombardi's vision and leadership, is the Grad- (Mr. DIAZ-BALART addressed the helps us answer the question, how do uate Growth Initiative. This initiative to in- House. His remarks will appear here- we define success in any major State crease the graduate student population to ap- after in the Extensions of Remarks.) university, not just in Gainesville, proximately 25% of the entire student body f Florida? We define success by the value has resulted in growing numbers of graduate HONORING THE SERVICE OF DR. we add to the students that enter the students, and proven to be an important asset JOHN LOMBARDI, PRESIDENT OF university and ultimately leave there. in support of the University's research agenda. UNIVERSITY OF FLORIDA John Lombardi never lost sight of the Dr. Lombardi will be missed as President of fact that a university is only as great the University of Florida. I wish him the best The SPEAKER pro tempore. Under a as each and every one of its students of luck in his return to the classroom, and previous order of the House, the gen- that attend there. commend him for his dedicated service to the tleman from Florida (Mr. DAVIS) is rec- He made a point of doing something University of Florida. ognized for 5 minutes. that not enough university presidents f Mr. DAVIS of Florida. Mr. Speaker, I do today. He spent a great deal of time SOCIAL SECURITY AND THE also rise to pay tribute to President with the students. Whether it was John Lombardi on his last day as cheering the many University of Flor- BUDGET President of the University of Florida. ida sports’ teams on to victory, or The SPEAKER pro tempore. Under a From the very first day that John marching with the student band with previous order of the House, the gen- Lombardi became President of the Uni- his clarinet, Dr. Lombardi showed the tleman from Kansas (Mr. MORAN) is versity of Florida, about 10 years ago, students how much he cared about recognized for 5 minutes. he demonstrated a vision and a passion them and their University. Mr. MORAN of Kansas. Mr. Speaker, that would be very difficult to dupli- Now, Dr. Lombardi, starting tomor- Washington has hit the point on the cate. He arrived in a 1985 GMC red row, is returning to his first love; political calendar when Congress and

VerDate 29-OCT-99 02:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.050 pfrm12 PsN: H01PT1 H11182 CONGRESSIONAL RECORD — HOUSE November 1, 1999 the President pound the tables and incentives, to amend the Employee Re- Dr. Lombardi came along; he was a thump their chests over the final budg- tirement Income Security Act of 1974 university president who had vision et decisions of this year. Our jobs are to provide access to and choice in and he had foresight. He was a scholar, to look past the theatrics and to make health care through association health respected. He was an academic, yet he decisions based upon principle. plans, to amend the Public Health was very well-centered in the commu- This year we sat forth an ambitious Service Act to create new pooling op- nity, as well as the students. He pulled goal that we would hold the line on portunities for small employers to ob- this university up in research and de- spending instead of dipping into the tain greater access to health coverage velopment. He shaped and defined a Social Security Trust Fund. This year through HealthMarts; to amend title I new direction for the university. we have an opportunity for the first of the Employee Retirement Income I had quite a few meetings with time since the Eisenhower administra- Security Act of 1974, title XXVII of the President Lombardi. I respected him, tion to balance the budget without Public Health Service Act, and the In- as I was a member of the Florida Sen- touching the Social Security Trust ternal Revenue Code of 1986 to protect ate Committee on High Education. I Fund. Congress needs to stand on prin- consumers in managed care plans and must say to the graduates and the stu- ciple. We owe it to ourselves and to fu- other health coverage; and for other dents of the University of Florida, ture generations. purposes, which was referred to the John Lombardi will be missed; and to For too many years, these budget ne- House Calendar and ordered to be that entire university system, he gotiations did not create such a fuss. printed. brought them into the 21st century Congress and the President settled f kicking and screaming. We are hoping their differences the old-fashioned way: that they will be able to replace him. They simply spent more money. When TRIBUTE TO DR. JOHN LOMBARDI But I say, no, it is hard to replace a spending exceeded revenues, they bor- The SPEAKER pro tempore. Under a man with the genius and heart of a rowed money first from the Social Se- previous order of the House, the gentle- John Lombardi. curity Trust Fund, then from the pub- woman from Florida (Ms. BROWN) is f lic, by issuing government bonds. recognized for 5 minutes. Forty years later we have run up one Ms. BROWN of Florida. Mr. Speaker, TRIBUTE TO JOHN LOMBARDI heck of a tab. Our Federal debt now I rise tonight to pay tribute to one of The SPEAKER pro tempore (Mr. stands at over $5 trillion. the most progressive leaders in the his- KUYKENDALL). Under a previous order There is hope. The Republican Con- tory of Florida, Dr. John Lombardi. He of the House, the gentlewoman from gress over the past 5 years has been has been a cherished friend to me for Florida (Mrs. FOWLER) is recognized for more serious than ever about fiscal dis- over the past 10 years, but he has also 5 minutes. cipline. That, coupled with a strong na- been a great friend to the University of Mrs. FOWLER. Mr. Speaker, I rise tional economy, have put our Federal Florida and the rest of the State. He is today to offer my best wishes and ap- Government in the black for the first a passionate supporter of public edu- preciation to an outstanding educator, time in a generation and allowed us to cation and he is also a refreshing administrator, and author, Dr. John retire $130 billion in Federal debt. The thinker. Lombardi, who has been the president next step is crucial. Congress and the I have been able to count on Dr. of the University of Florida for more President need to keep their hands out Lombardi for so many years as a valu- than 9 years now, and in that time he of the Social Security cookie jar. It is able friend and resource person. has become much beloved by the stu- too important to our future and to our Though Dr. Lombardi is leaving his po- dent body, faculty, and alumni. This is country. sition as President of the University of a man who truly made a difference dur- The Federal Government will raise Florida, he will still be a part of the ing his years as president. about $1.7 trillion this year in non-So- University’s community. We will con- It would take too long to list all of cial Security revenue. This really tinue to count on him as a resource. his many accomplishments, so I would ought to be enough to operate our gov- As a graduate of the University of like to highlight just a few. ernment. Americans are likely to hear Florida, I am proud of all the work he As an educator, Dr. Lombardi focused some hysterics coming out of our Na- has done to make the University of on and achieved higher academic tion’s capital during the next couple of Florida one of the finest public univer- standards, student performance, and weeks over whether we should spend sities in the country, and the best foot- graduation rates. As an administrator, more money on this or that program. ball team. His hard work has helped us he took care of critical details, such as These decisions are important, but my reach new levels of academic achieve- offering better access to computers and focus will be on the bigger picture: Can ment and we are all proud of his com- augmenting opportunities by increas- we get through this session without mitment. ing the number of combined degree robbing Social Security and future gen- I know that the State of Florida is programs available to undergraduates. erations? grateful to Dr. Lombardi for being so He was intricately involved in the We must end the year by holding the dedicated in his advocacy for equal opening of the Brain Institute, a pre- line on spending, force some savings, rights and a quality education for all of mier center dedicated to brain and spi- and stay out of the Social Security our students. We will miss his leader- nal cord research and treatment. Trust Fund. It is a matter of principle ship, but we will count on his contin- He also excelled in the vitally impor- worth fighting for. ued support and guidance. tant role as a fund-raiser, with gifts to f Mrs. MEEK of Florida. Mr. Speaker, the University increasing exponentially during his tenure, including a re- REPORT ON RESOLUTION AGREE- will the gentlewoman yield? Ms. BROWN of Florida. I yield to the cently arranged multimillion dollar ING TO CONFERENCE RE- contribution to the law school. QUESTED BY SENATE ON H.R. gentlewoman from Florida. (Mrs. MEEK of Florida asked and was In addition, Dr. Lombardi was re- 2990, QUALITY CARE FOR THE sponsible for Florida’s acceptance into UNINSURED ACT OF 1999 given permission to revise and extend her remarks.) the Association of American Univer- Mr. GOSS, from the Committee on Mrs. MEEK of Florida. Mr. Speaker, I sities, the prestigious higher education Rules, submitted a privileged report thank the gentlewoman for yielding to organization comprised of the top 62 (Rept. No. 106–430) on the resolution (H. me. public and private institutions in the Res. 348) agreeing to the conference re- United States. b quested by the Senate on the Senate 1900 More important, though, was Dr. amendment to the bill (H.R. 2990) to Mr. Speaker, Dr. John Lombardi rep- Lombardi the person, a person of great amend the Internal Revenue Code of resented and carried through a renais- popularity and high regard. Let me 1986 to allow individuals greater access sance in Florida’s public education. He just give my colleagues two examples. to health insurance through a health chartered a new course for a university Dr. Lombardi was so well-loved by care tax deduction, a long-term care which many times before him was in a the students that I know that recently deduction, and other health-related tax sleepy existence. the student body voted to ask the

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.087 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11183 Board of Regents to allow Dr. our great role model. It appears here. I am convinced that we can find sav- Lombardi to sign each of their diplo- As we listen to the rhetoric of the lead- ings and solutions in the Department mas. ership, I would like this House to con- of Education and make sure that tax- The second anecdote is even more sider some other faces that are re- payer dollars are used as they were in- true to his spirit, because at every flected here in this penny, the faces of tended, to help kids learn, not on bu- homecoming Dr. Lombardi marched those who represent the real story of reaucratic mix-up or faulty computer with the alumni band playing his about what this penny means. systems. But until the Department of trademark clarinet and wearing his Consider the face of Bob Corsa from Education is willing to work to find Gator suspenders. Clifton, New Jersey. Bob is one of our out how they spend all our money, we Today, Dr. Lombardi is leaving his Nation’s veterans. Cutting that penny cannot be sure how much waste is oc- post after a decade of dedicated serv- means that he and his fellow veterans curring or how much we can more ef- ice. We are fortunate, though, that he will lose nearly $200 million in funding fectively spend taxpayer dollars. will not be going very far and that he for desperately needed medical care. How does anyone explain how a Fed- plans to return to teaching in the Uni- This little penny I hold in my hands eral department is unauditable? The versity’s history department. On this that their side has held up night after only worst case I have ever heard about occasion, I wish Dr. Lombardi and night, I am holding it up tonight. than this one is in 1995, 1996 the IRS Cathryne all the best and offer great These are America’s heroes. Yet, the could not account for about $4 billion. thanks for all his hard work and efforts Republican leadership calls their med- They just could not account for it. on behalf of the University of Florida. ical care wasteful spending. What is They just lost it or misplaced it, I f one penny? What is one percent? guess. How about the face of the young 3- The Republican Congress wants to THE BUDGET year-old in the town I grew up in and take a different approach to education, The SPEAKER pro tempore. Under a still live in, Paterson, New Jersey, who flexibility in return for strong account- previous order of the House, the gen- may be one of 5,000 children denied an ability, the opportunity for parents, tleman from New Jersey (Mr. opportunity to attend Head Start pro- teachers, and schools to spend money PASCRELL) is recognized for 5 minutes. grams. He or she would be so denied be- the way they choose in return for prov- Mr. PASCRELL. Mr. Speaker, over cause this penny actually means 39 ing that students are learning. the past few weeks, the Republican million less dollars for Head Start in We have asked the GAO to look at some of the Department’s accounting leadership has taken their year of their proposal. The other side calls practices to make sure that every dol- budgetary gimmicks to a new level, these investments in our future waste- lar that should be going to the class- and I want to address that. ful spending. Not only have they declared the Cen- We should also remember the face of room students is actually getting there to the local districts and classrooms. sus an emergency, something we have that college student who will not have I hope that the President and Sec- been doing through the centuries, not the opportunity to receive work study only have they delayed funding for retary Riley will work with us to make assistance or the family who will be sure that every Federal education dol- critical medical research at the Na- forced to live another decade near a tional Institutes of Health, they tried lar is spent wisely and is used to help toxic waste site because funding for the children learn, not spent on red tape or to create a 13th month in the year and cleanup of that site has been slashed. put off payments that lower-income bureaucratic mistakes. The other side is saying to those citi- The first step in making sure that working families receive under the zens, it is just a penny. It is just waste- the Department of Education’s books Earned Income Tax Credit. ful spending we are cutting. Their ar- are auditable is that we know where Not only have they put on the floor gument is the easy way out. It is an the money is going. I hope Secretary an appropriation bill that has aban- across-the-board cut that fails those we Riley will do everything he can to doned our commitment to reduce class were sent here to advocate for, the make sure this happens as soon as pos- size in our schools, a commitment voiceless. And we continue this proc- sible. which we started in the 1999 budget to ess. f eliminate immunization for 300 kids f and gutted funding to hire teachers for SOCIAL SECURITY DEPARTMENT OF EDUCATION disadvantaged students, not only have The SPEAKER pro tempore. Under a CANNOT BE AUDITED they been saying that they are the previous order of the House, the gentle- great protectors of Social Security and The SPEAKER pro tempore. Under a woman from California (Ms. WOOLSEY) Social Security surpluses, while their previous order of the House, the gen- is recognized for 5 minutes. own Congress Budget Office numbers tleman from Washington (Mr. Ms. WOOLSEY. Mr. Speaker, Repub- which they have demanded the House METCALF) is recognized for 5 minutes. licans must take all of us for fools, use say the exact opposite, that all Mr. METCALF. Mr. Speaker, today standing on a soap box trying to con- would have been bad enough, now they the Department of Education cannot vince the American public that they are telling us they are doing the reproduce the required paperwork to are the saviors of Social Security, sponsible thing. allow their financial books to be au- when in fact they are like the thief They have decided to hold up a penny dited by the General Accounting Office, who does not believe he has committed and say, of course we can cut one the GAO. It is the only department a crime until he gets caught. Then he penny out of every dollar we spend. that has not been audited for fiscal goes, oh, I committed a crime. One percent they say. That is just year 1998. Instead of supporting Social Secu- wasted money. They have abandoned The Federal Department of Edu- rity, the Republican leadership has a apparently their idea of an $800 billion cation is responsible for distributing long track record of hostility toward tax cut, so-called tax cut. $120 billion a year in education spend- that good program. Why? It did not resonate with the ing. Unfortunately, it does not know In fact, the gentleman from Texas people of America. The reply of the where all that money is going. It is un- (Mr. ARMEY), the majority leader, has leadership has been, Most people don’t acceptable that the Department of maligned Social Security as a rotten pay taxes. That’s why people aren’t Education cannot account for how bil- trick and as a bad retirement for supporting this tax cut. lions of dollars intended for institutes American people. Republicans have They have got to be kidding me. are being spent. tried to eliminate Social Security. Most people in America do pay taxes. Yet, rather than looking at these They have tried to privatize Social Se- Most people in America of adult age issues, the Department has claimed curity, and they are trying to steal work if they are not retired. But let us that, as a result of a less than 1 percent from it. keep it elementary. Let us keep it very reduction in their budget, they will The Republican budget proposals be- simple. Let us get back to the penny. have to cut funding for education pro- fore us this week and for the past few We all know that on the face of this grams because they say there is no weeks would not add a single day to penny is the face of Abraham Lincoln, waste in their agency. Social Security’s solvency.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.089 pfrm12 PsN: H01PT1 H11184 CONGRESSIONAL RECORD — HOUSE November 1, 1999 b 1915 Presidents, J. Wayne Reitz, Phil with a straight face and to the Amer- We are already into the fourth week O’Connell, Bob Marston, Marshall ican people and say that the Repub- of fiscal year 2000 and the Republicans Criser, the interim President Bryan licans have not been good trustees of are covertly dipping into the Social Se- and others who have done a superb job this fund. I urge my colleagues and the curity program. The reality is that the in leading our first and foremost uni- American people to look for the truth, versity in Florida, the University of Republican spending bills have already not rhetoric. Florida in Gainesville. But I have never spent the Social Security trust fund f seen an individual who has done a more surplus for fiscal year 2000. And accord- incredible job in bringing together suc- TRIBUTE TO REVEREND WILBUR ing to the Congressional Budget Office, cess in academics, success in programs, N. DANIEL despite the majority’s smoke and mir- success in contributions to the univer- The SPEAKER pro tempore. Under a rors, they have borrowed more than $13 sity, both financial contributions and previous order of the House, the gen- billion of the Social Security surplus incredible standing. There just is no tleman from Illinois (Mr. DAVIS) is rec- up to this date. And by the time we are one who has done a more incredible job ognized for 5 minutes. finished with all of the spending bills, than John Lombardi. As he departs Mr. DAVIS of Illinois. Mr. Speaker, I CBO estimates, if we go in the way this week after a decade of service to rise to pay tribute to a great theolo- that they are proposing, that $13 bil- our university, to our State, I salute gian, a great community builder, a tre- lion will actually be $24 billion. How him along with other members of the mendous humanitarian and a great does this extend the life of Social Secu- Florida delegation for what he has American, Reverend Wilbur N. Daniel, rity and the Social Security trust done for my alma mater, in raising the pastor of the Antioch Missionary Bap- fund? academic standards and improving stu- tist Church of Chicago for 42 years. From past remarks, we know that dent performance and increasing grad- Reverend Daniel will be best remem- the Republicans would be perfectly uation rates, and for increasing the bered as a fast start Baptist preacher okay to let Social Security dry up and number of degreed programs and again who had the ability to electrify and go away. Social Security, however, the academic standing that he brought move crowds in a matter of 2 or 3 min- faces a shortfall over the long term and to the University of Florida through utes. He was a tremendous organizer Congress must work, and we must work his efforts. and social activist who served as presi- together, with real numbers, to secure Just a word of praise, also, for his dent of the Southside Branch NAACP the future of Social Security for Amer- gracious, hardworking wife Carolyn in Chicago. He was chairman of the icans and for American families in the who also with John Lombardi provided board of the Antioch Foundation, mod- future. her leadership as really our first lady erator of the North Woodriver Baptist I say to the Republicans, stop talk- and spokesperson for the university District Association for 40 years, treas- ing. Start working. Work with us. and tremendous hostess for the univer- urer of the National Baptist Conven- sity. Another tireless, devoted indi- Work with the President. Work on a tion of America and chairman of the vidual who gave so much to the Univer- plan to extend the life of the program. board of directors of the Highland Com- sity of Florida. We truly will miss Actually, the President has a plan to munity Bank. shore up Social Security over the long them, but we are truly grateful for Reverend Daniel was born in Louis- term. His plan would reduce the na- their tremendous contributions, Mr. ville, Kentucky, where he attended tional debt by $3.1 trillion over the Speaker. school and entered the ministry at age The final tribute is not given by me next 15 years and eventually devote the 25. His first pastorate was at the Mac- but given by the graduates to John savings to extend the life of Social Se- edonia Baptist Church in Gary, Indi- Lombardi of this fall’s term. Even curity. We have a responsibility to fu- ana. It was while there that he enrolled ture generations, to ensure that Social though there is an interim president coming, a very distinguished gen- at the Fort Wayne Bible Institute and Security remains the strong successful then on to becoming one of the most program it is and that our country’s tleman coming, they have signed a petition, the graduating seniors, to re- learned theologians in America. priorities are addressed at the same While a great preacher and spiritual quest that John Lombardi sign their time. motivator, Dr. Daniel was also a mas- I have a message for the Republican diplomas, a final salute, not only from alumni and distinguished alumni from ter builder and his church was an early leaders. You are not fooling anybody. leader in the building of affordable Stop talking. Start working. Work throughout the country and the State but even from those graduating this housing through its Eden’s Green De- with us. Work with the President and velopment. He will be seriously remem- work for the people of this country. year. So, John Lombardi, we salute you, and you have done a tremendous bered for helping to rebuild the Engle- f job. wood Community in Chicago. When you drive through it, you will see new TRIBUTE TO RETIRING UNIVER- Mr. Speaker, I also wanted to speak in my remaining few moments to the homes, senior citizen buildings, nurs- SITY OF FLORIDA PRESIDENT ing homes, rehabilitated apartment JOHN LOMBARDI comments of the last speakers who accuse the Republicans of stealing or rob- dwellings, all put together by Reverend The SPEAKER pro tempore (Mr. bing from Social Security. What could Wilbur Daniel and his 4,000-member KUYKENDALL). Under a previous order be more absurd? Every time the Demo- Antioch Missionary Baptist Church. of the House, the gentleman from Flor- crats came to the floor and controlled Please do not think that Dr. Daniel ida (Mr. MICA) is recognized for 5 min- the House of Representatives for 40 relied upon the spirit alone. He was an utes. years, they in fact not only spent all astute politician. He was Republican, Mr. MICA. Mr. Speaker, first I want the money in the Social Security trust Democrat, Independent, making use of to pay just a few moments of tribute to fund, they went beyond that and spent everybody to build houses and develop one of the most distinguished gentle- 200 and $300 billion more per year in communities. A visionary who encour- men I know in the State of Florida, a funding beyond that. This Republican aged social activism, civic involve- gentleman I have known for the past controlled Congress is the first time we ment, union organizing, outreach pro- decade, who has headed the University have brought our financial house into grams for the needy and recreational of Florida, Mr. John Lombardi. John order. We have never said to do away activities for youth. He built a Chris- Lombardi is retiring as the President with Social Security. We said the other tian academy and brought more than of the University of Florida. I have had side bankrupted Social Security. We $25 million of Federal housing money an opportunity since I first attended laid the facts and the information be- into the Englewood Community. Con- the University of Florida, it will be fore the American public and we looked dolences to his sons Wilbur Jr., Ricky some 40 years ago, in 1960, as a fresh- for alternatives to take pressure off of Eugene and two grandchildren. A man on that campus, to see the Univer- Social Security so that Social Security dreamer, a man of vision, a worker, a sity of Florida, which gave me an in- could be secure and not robbed. leader, a good neighbor, a good friend, credible opportunity in life, an edu- So for the first time, and again I can- and a great American, Dr. Wilbur N. cational advantage. I have seen many not believe they can come to the floor Daniel.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.092 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11185 REPUBLICAN BUDGET PRIORITIES ca with 1300 of his closer Federal em- leased would be a tragic injustice. The The SPEAKER pro tempore. Under a ployee friends, spent $42.8 million. Or Members of the FBI Agents Associa- previous order of the House, the gen- how about when he went to China, he tion and the Society for Former Spe- tleman from Georgia (Mr. KINGSTON) is spent $18.8 million and took 500 of his cial Agents of the FBI want the Presi- recognized for 5 minutes. closer friends. Cutting out 1 percent dent and all Americans to be aware of Mr. KINGSTON. Mr. Speaker, we are would mean 50 of them would have to all reasons why clemency should not be at a real interesting time. We are in stay at home the next time he goes to granted to Peltier. the home run stretch of the legislative China. The next time he goes to Africa, June 26, 1975, was a hot dusty Thurs- session. We are in a position on the 13 would have to stay at home. That day on the Pine Ridge Indian Reserva- budget that we are negotiating with does not sound so bad to me. But we tion in southwestern South Dakota the President because of three different keep hearing how harsh this is. when two young FBI agents arrived reasons. Number one, we had the 1997 How about the program in Wash- from their office in Rapid City. It was budget agreement. That agreement was ington, D.C. where the Federal Govern- about noon when the agents pulled into a bipartisan agreement, over 300 Demo- ment spent $6.6 million on a staffing the Jumping Bull compound area of the crats and Republicans alike joined company to help the government get remote reservation seeking to arrest a forces to say, let us put some fiscal people from welfare to work, $6.6 mil- young man in connection with a recent order, some discipline in this place. lion and they were supposed to place abduction and assault of two young The President signed off on it. Now 1500 people. One year later and $1 mil- ranchers. even though it is a bipartisan agree- lion later, they had only placed 30 peo- Observing Peltier’s vehicle, the two ment, it seems like only one party is ple out of 1500. They spent $1 million to agents pursued it. Unknown to the FBI responsible for carrying out that agree- do that. agents, one of the three men in the vehicle was Leonard Peltier, a violent ment. That party is the Republican b 1930 Party. man with a violent past. He was a fugi- Number two, we do not want to spend That is waste. And, you know what? tive, wanted for attempted murder of Social Security money. Now, do not I would like to pop the bubble of the an off duty Milwaukee police officer. take my word for it as a Republican. Democrats and the big spenders up Knowing these cars pursuing him This is John Podesta, the Chief of Staff here. The Federal Government does not were FBI cars, Peltier and his two as- at the White House. He works for Bill have any money. Let me repeat it: The sociates abruptly stopped their vehicle Clinton. Here is his exact statement: Federal Government does not have and began firing their rifles at the ‘‘The Republicans’ key goal is to not money. It is the people’s money. We agents. Surprised by the sudden vio- spend the Social Security surplus.’’ I hard working taxpayers send our lence, outmanned and outgunned and am glad, suddenly the White House is money to Washington. It is not the at an extreme tactical disadvantage, saying things right and we are very Federal Government’s money, it is sent the agents were wounded and defense- glad about that. Indeed, if you look at to them by hard working taxpayers. So less within minutes. One of the agents this smaller chart, that is exactly what I believe that we in Washington have suffered a severe wound, having his we have been able to do. In the past, to be very careful on how we spend arm blown off. The other agent was hit the Democrat controlled Congress and that. in the left shoulder and the right foot. under Republican control, Social Secu- Now I want to say one thing that is Both agents were clearly at the mercy rity money has been taken for general just kind of interesting. Here is a of Peltier and their associates. purposes. But this year, zero. A his- statement by Secretary Babbitt when a Not satisfied with the terrible inju- toric moment. We have not raided So- reporter said is there no more waste in ries that they had just inflicted, cial Security. Very important. government in your department? Sec- Peltier and the other two men walked The third reason we are in this posi- retary Babbitt, who is Mr. Clinton’s ap- down the hill toward the ambushed and tion is that the President had pro- pointee for the Department of Interior, wounded agents. Three shots were fired moted a tax increase as a way to fund the guy in charge of the National from Peltier’s rifle. One of the agents a lot of new programs. On a bipartisan Parks, he said, ‘‘Well, it would take a was still conscious, kneeling and ap- basis, this House, 419–0 voted against magician to say there was no waste in parently surrendering, was shot in the increasing taxes. So right now we are government.’’ Amen to that. ‘‘We are face directly through his outstretched in a situation where the only way to constantly ferreting it out. But the an- hand. He was shot right through his continue the 1997 budget agreement swer is otherwise, yes, you have got it hand. He was trying to surrender. He and not raid Social Security is by re- exactly right.’’ From the President’s died instantly. The unconscious FBI ducing spending a mere one cent on a own folks, yes, there is waste in gov- agent who was lying there with severe dollar. ernment, and we can cut it out and injuries was shot twice in the head at I am a father of four, Mr. Speaker. I save Social Security. close range. He also died instantly. have two teenagers and two smaller f Following the murders, Peltier fled children. We have to every month sit the reservation. In November 1975 an around and decide are we going to fix NO CLEMENCY FOR CONVICTED Oregon state trooper stopped a rec- the washing machine, are we going to MURDERER reational vehicle in which Peltier was buy new tires. I guess we will have to The SPEAKER pro tempore (Mr. hiding. Peltier fired at the trooper and postpone that vacation or that trip to KUYKENDALL). Under a previous order escaped. But found within that rec- Atlanta one more time in the fancy of the House, the gentleman from Colo- reational vehicle was one of the weap- hotel, but we are used to doing that. rado (Mr. MCINNIS) is recognized for 5 ons from the FBI agent with Peltier’s But when Libby and I sit around the minutes. fingerprints on the bag which con- table and cut our budget, out of $5, we Mr. MCINNIS. Mr. Speaker, the Leon- tained the weapon. have got to look for 2 or $3. All we are ard Peltier Defense Committee has an- When later arrested in Canada by the saying to the Federal Government is nounced that in November 1999, it is Royal Canadian Mounted Police, cut out a nickel out of $5 or one cent the Freedom Month for Leonard Peltier remarked that had he known out of $1. We have heard from Demo- Peltier. I used to be a former police of- those were mounted police officers and crats tonight, that cannot be done. ficer and I take this personally. they were there to arrest them, he Let me give my colleagues a few sug- This committee intends to deliver to would have immediately blown them gestions. The FDA has a pizza inspec- the President of the United States a out of their shoes. These are not the tion program. If you buy cheese pizza, petition asking him to grant clemency comments of an innocent man, and the FDA inspects it. But if you buy to Leonard Peltier. they portray a very violent man who, pepperoni pizza, the U.S. Department Leonard Peltier is currently serving without mercy, assassinated two FBI of Agriculture inspects it. I do not consecutive life sentences in a Federal agents. know, but in the private sector we penitentiary for the ruthless murder of Peltier in 1977 was finally brought to would say, let us combine that. Or how two FBI agents. To commute the sen- justice and he was found guilty on both about this. The President went to Afri- tence of Peltier and allow him to be re- counts of the murder of these FBI

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.093 pfrm12 PsN: H01PT1 H11186 CONGRESSIONAL RECORD — HOUSE November 1, 1999 agents. He was sentenced to two con- and also what worked and what was that we do tonight is in context of this secutive life sentences. wasted at the state and at the local secretary is going out and saying that While incarcerated in a Federal pris- level, and really came to a decision to this Congress is stopping the raid on on, a rifle was smuggled in to Peltier. review some of the information and the Social Security on the backs of our He shot his way out of prison and sev- documentation that we gathered since children. Sorry, Mr. Secretary, even eral days later, after assaulting a rang- 1995 based on a press conference that when we find that 1 percent savings in er and stealing his truck, he was fi- the Secretary of Education gave last the Department of Education, this Con- nally recaptured. He was tried and con- week. gress, yes, this Republican-led Con- victed of escape. As many of our colleagues know, we gress, has appropriated $100 million Peltier has since appealed his various are embarked on a plan this year for more for the education of our children convictions on numerous occasions. the second year in a row to try to than what this President even asked Every time he appeals his conviction, make sure that we spend no Social Se- for in his budget. the courts turn him down. The United curity dollars on general fund expendi- We recognize and we are willing to States Supreme Court has had his case tures. It looks like we did that in 1999, invest in our kids’ education, but we twice. They have turned it down twice or came very, very close, for the first are not going to invest in programs without comment. time in 40 years, and what we want to that do not work or that move decision The record is clear: There are no new do is duplicate that for 2000, so we have making to Washington; or, Mr. Sec- facts. These are only old facts, and embarked on a plan that said we are retary, when we give you another $100 they have not changed. This man is going to look for a 1 percent savings. million, you bet we are going to come guilty of murder in cold blood of two Last week the Secretary of Edu- down to your agency, we are going to FBI agents and he should not be re- cation came out and said, ‘‘If you try help you manage your agency, because leased from jail, Mr. President. to find a 1 percent savings in my de- you have not been managing it, be- Peltier openly states he feels no partment, you cannot find it. It is not cause you cannot even tell us where guilt, remorse or even regret for the there, and any reduction in expendi- the dollars go. murders. Peltier has lived a life of tures in education will come off the I will yield to my colleague from Col- crime. He has earned and deserves a backs of our children.’’ orado, just remembering those two lifetime of incarceration. Peltier is a We went to the Education Depart- things in context: Their books are not murderer without compassion or feel- ment on Friday, and there are just two auditable, and Republicans are investing for his fellow man and in turn he things that I would like everybody to ing more in education than what the deserves no compassion. remember as we put this in context, President even asked for in his budget. Mr. President, there is no justifica- two things. If you remember only two Mr. TANCREDO. I thank my col- tion for relieving Peltier from his pun- things out of this whole night, other league from Michigan. I wanted to just ishment. Our judicial system has spo- than that we are trying to save 1 per- first of all tell him how much I appre- ken in this case again and again and cent, remember these two things: ciate his efforts as chairman of the again and again. Leonard Peltier is a The first is that the Department of committee, the oversight committee vicious, violent and cowardly criminal Education’s books are not auditable. that is entrusted with the responsi- who hides behind legitimate Native The first is the Department of Edu- bility of, just as the name implies, American issues. Leonard Peltier was cation’s books are not auditable. We overseeing government operations, spe- never a leader in the Native American will talk a little bit more about that. cifically in the area of education. He community. He is simply a thug and a But we have got a secretary from a de- has been diligent in that regard, and I murderer with no respect for human partment that has responsibility for just want to commend him for that. life. Our citizens on and off the reserva- $120 billion of taxpayer money, and he This is another example of where peo- tion must be protected from murderers is blasting Congress. But when he goes ple like my colleague can truly make a like Peltier. back to his own department and three difference for all Americans, for Ameri- Mr. President, since Leonard Peltier Congressmen go over there and ask cans all over the Nation. could not fool the Federal courts, he is him and his colleagues and say can you As I listened to my colleague’s ref- now trying to fool you and the public. kind of tell us where and how you erence to the Secretary of Education Do not let it happen. Turn down that spend the roughly $35 billion in appro- and how he responded to the request to request for clemency. priations that we give you on an an- reduce expenditures by 1 percent in the f nual basis and the $85 billion of loans next fiscal year, and he said that that that the Department of Education would be impossible, it could not be ANNOUNCEMENT BY THE SPEAKER manages, can you kind of tell us how done, that if it happened, it would PRO TEMPORE you manage the taxpayers’ dollars, the come off the backs of children, you The SPEAKER pro tempore. Mem- response is, ‘‘I am sorry, but for the have to think to yourself, really and bers are reminded to direct their re- last year that we had auditors in tak- truly what goes through someone’s marks to the Chair. ing a look at our books, our books are mind when they actually have to say f not auditable.’’ something like that, when they know It means they cannot tell you. The fully well that anyone listening, any- THE COST OF EDUCATING OUR auditors cannot look at the books with CHILDREN one, except perhaps other Members of any degree of certainty and say that the cabinet who have all been given the The SPEAKER pro tempore. Under the money that came from the Amer- same script, they all say the same the Speaker’s announced policy of Jan- ican taxpayer, went through Congress, things, they cannot find the 1 percent uary 6, 1999, the gentleman from Michi- was entrusted to the employees and the savings. But what do they think Amer- gan (Mr. HOEKSTRA) is recognized for 60 leadership at the Education Depart- ica thinks when they say that? Does minutes as the designee of the major- ment, they cannot tell us where or how anyone out there believe that no one in ity leader. that money was spent and that there is the government of the United States Mr. HOEKSTRA. Mr. Speaker, I wel- no waste, fraud and abuse. can find 1 percent savings without come my colleague from Colorado here My experience in the private sector hurting the actual people that they are tonight as we talk about educating our tells me any organization that does not given charge to take care of? I do not children. have the financial control systems in want to say take care of. Does anyone The topic tonight came out of a proc- place to ensure that their books are believe that cannot happen? ess that for some of us began in 1995, auditable probably has some waste, b where we began a process that was fraud or abuse going on. So, number 1945 called Education at a Crossroads, one, the books at the Department of And with this happening at the same where we took a look at the definition Education, $120 billion agency, does not day, as I say, this is a script everyone of education here in Washington, we have books that are auditable. must be getting. All members of the took a look at what worked and what The second thing that I would like to cabinet, I am sure, have been told that was wasted in the Federal programs, just put in context, everything else they have to say there is no savings.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.094 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11187 Because if there is, if you say yes, please be able to tell us where they the Department to more accurately re- there is a 1 percent savings, someone is spent it. flect its responsibility under the Con- going to say, you mean you have been There is another whole discussion, stitution. As the gentleman knows, we presiding over a department that has and this is much of the debate we are can search the Constitution in vain to had waste, fraud, and abuse? So they having on education today, because find some responsibility for the U.S. say no, it is not there. once we find out where it goes, then we Department of Education. It is not The other day we were talking about will have the other debate which says, there. this, and the Secretary of the Interior, tell us how effectively that money has So we set about a task to, as I say, Secretary Babbitt, said exactly the been used: Did we actually improve reduce the size. When I came in in Sep- same thing almost word for word. That students’ learning? But this is on a tember of 1981, there were 222 people, if is why I say it seemed like it was much more basic level, just tell us memory serves me right; here there scripted. where the money went. were 220-some people employed by the What was amazing about that was Mr. TANCREDO. If the gentleman U.S. Department of Education in the that at the same time that he was tell- will continue to yield, Mr. Speaker, as regional office, Denver, Colorado, Re- ing the people of the United States I understand their response when they gion VIII. That was astounding to me. that there were no savings in the De- were asked about the auditability of I had been a teacher before that. I was partment of the Interior, the deputy the books, they said, well, we cannot in the legislature. I was chairman of secretary was in the Committee on Re- do it because, among other things, all the education committee. We did not sources telling the committee that of the auditors over the last couple of know there was a regional office of the they had lost $7 million, almost simul- years keep pulling out. The most re- U.S. Department of Education. They taneously. One guy is up there saying cent has pulled out and said, we cannot had absolutely no contact with real there is nothing, no fraud and abuse, do it. Am I correct? life, 227 some people. absolutely not, we cannot find a penny Mr. HOEKSTRA. Reclaiming my It took us about 4 years, and we went around here, while his undersecretary time, Mr. Speaker, what they told us through a series of budget cuts and is telling us in the committee, yes, was that in 1997 they had an account- transfers, and we went from 220-some there is $7 million bucks that is gone. ing system. My other colleague here, people down to around the mid sixties, I do not know, it has to be around the gentleman from Colorado, was with 65, an 80 percent cut. someplace. I am sure we will find it be- us. I think this was what we heard. My I used to go out and speak to each fore too long. colleague will correct me if we do not one of the State Departments of Edu- This is the bizarre nature of Wash- get it exactly right. What we heard was cation in the six States for which we ington, D.C., Mr. Speaker. This is the that in 1997 they had an accounting had responsibility which had some only place where discussions like this system. They decided to transition into interaction with the department, and can be actually carried on, where peo- a new and improved accounting sys- for every single one I would say to ple can say things like that. tem. them, we have gone down 80 percent in Mr. HOEKSTRA. Mr. Speaker, I just As they started implementing this the regional office. Have you been able want to reinforce what my colleague is new system in 1998, they implemented to tell the difference? No one, no one talking about. This message has gone it and they found out that there were a ever said, oh, yes, I can tell there has across to all cabinet levels, the same number of problems: security clear- been some change in efficiency. No. No. message, we cannot find 1 percent. ances, duplicate payments, perhaps un- Do Members want to know what else? While the Secretary of the Interior is recorded payments, and those types of If we had gone to zero, they still would saying, we cannot find 1 percent, his things. So they went back to the ven- not have known the difference. This is deputies are saying, I am sorry, we lost dor who had developed this system for in a department that claims there is no $7 million. them. Basically this vendor had pulled waste. We went from 222 to 60-some- Mr. TANCREDO. That is correct. out, withheld support for this new ac- thing, and nobody knew the difference. Mr. HOEKSTRA. And $7 million is counting system. Mr. HOEKSTRA. Reclaiming my real money. It is the same thing we Now, what is the Education Depart- time, Mr. Speaker, again, this is about have in the Department of Education. ment doing? They have unauditable taking the money, taking a look at the Secretary Riley is saying, we cannot books for 1998. They are now in the $120 billion. Like I said, let us clarify, find 1 percent. If we go to his depart- process of soliciting companies and ac- this is about $85 billion in a loan port- ment, as three of us did last week, and counting firms to develop a new ac- folio that the Department of Education we talked to his chief deputies, they counting system which they hope will is responsible for managing, and about are saying, we are sorry, we cannot be in place by 2001. So until 2001, we are $34 to $35 billion in annual appropria- audit the books. What is worse, finding going to limp along with this current tions, and for 1998, those books are out you lost $7 million, or finding out system. unauditable. We do not know what will you did not know where the money So in a period of 5 years, we will have happen with the 1999 statements. went? gone through three accounting sys- My colleague, the gentleman from My guess is that as we go through tems: the original accounting system, Colorado, and I went down there on the Department of Education, again, as which was operational in 1997; the one Friday. We met with a number of the we talk about some of the other discus- they bought and paid for in 1998, and employees and some of the leadership sions that we had at the Department of no, they could not tell us how much at the Education Department. They Education, I think we will find that the they paid to get this new accounting were very hospitable. We gave them money is there to be found if we put in system; and now the one that is antici- roughly a day’s notice. We let them place the stringent financial controls. pated to be online by 2001. There were know on Thursday that we would like What always amazes me, and I think three accounting systems. to come down and meet with some of my colleague also had this kind of I come back to the fact that this them. background, when we talk about strin- agency is entrusted with managing $120 They were very gracious and they gent financial controls, I am sorry, but billion, this is with a B, not with an M. were very knowledgeable. They were every day every small business, every This is $120 billion per year, and they very helpful when we came there on publicly-held company, every Fortune cannot tell us where the money goes. Friday morning. I think we had a very 500 company, they have auditable I yield to my colleague, the gen- fruitful discussion with the leadership. books each and every year. This is not tleman from Colorado (Mr. TANCREDO). We asked them about the auditability brain surgery. There are people who do Mr. TANCREDO. I appreciate the of their books. That is where we heard this every day, and they do it for a liv- gentleman yielding. In another life I about the five different or the three ing. was the regional director for the U.S. different accounting systems that are We are just asking an agency that Department of Education in Region going to be in place over a period of 5 manages roughly $120 billion a year to VIII. I was appointed to that position years, and maybe my colleague, the please be careful with the taxpayers’ in 1981. I was charged with the respon- gentleman from Colorado, would like dollars, and at the end of the year, sibility of trying to reduce the size of to share some of the other things we

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.097 pfrm12 PsN: H01PT1 H11188 CONGRESSIONAL RECORD — HOUSE November 1, 1999 talked about. I yield to the gentleman their kids. I would ask, how old is your gentleman and I have been working on from Colorado (Mr. SCHAFFER). daughter? How old is your son? Where this process. I have been working on Mr. SCHAFFER. Mr. Speaker, I do they go to school? These are folks this process. We issued a report in 1998 thank the gentleman for yielding. I who care about the future of education in the subcommittee called Education just want to paint a picture for my col- of America. at a Crossroads. leagues about what occurred on Friday. They also care about the solvency of This report came out in 1998. It high- It was just a few days before that our country and the security of our so- lighted not the inefficiencies or the that the White House convened a press cial security programs, our retirement waste, fraud, and abuse, just because conference and assembled all of the programs. They understand that this is they are not doing the basics, but it Secretaries of the various cabinet level a job that entails the entire govern- was taking a look at some of the things agencies. They were paraded in front of ment pulling together. we could do better. the TV cameras, and gave their opin- So when we asked that question, do That is, we identified that of every ions about this effort to save one penny you think you can help us, do you Federal education dollar that is sent out of $1, or actually a little less than think you can help us find that one out, 35 to 40 cents of that is wasted in one penny on $1 to help rescue the so- penny out of a dollar to help balance bureaucracy. It is kind of like we in cial security trust fund. the Nation’s budget and run the coun- Congress create a program, we have to The goal, of course, is to try to get try according to the promises that we tell the local people that the program all Federal agencies to reduce spend- have made to the American people, exists, they apply for the program, we ing, or actually, to reduce the increase nine times out of ten the individuals review the application, we write a in spending by approximately .97 of a we spoke with said, well, we are cer- check, they cash the check, they spend percent. tainly willing to try. the money, they report how they spend The Secretary of Education sug- We handed out lots of business cards. the money, the Federal government gested that this was an impossibility; These are folks who I think if we are has to audit it because we know we that in their $35 billion fund, that they able to, as rank and file Members of cannot trust the local people, and when could not come up with that one penny Congress, to reach around the partisan we cut through all of that, it is kind of out of $1 in savings to help the Nation level of disagreement that takes place like, there goes 35 to 40 percent out of and save our social security program. over in the White House and at the that. He also made some other comments, Secretary level at the Department of It is not necessarily all Federal that the Education Department was a Education, if we can just reach right money, some of it is State or local lean, efficient operating agency, and around all of that political nonsense money, but it gets to be a very expen- that they are as efficient as they can across the aisle to those who are on a sive process. So we know that there are get. We just cannot come up with less day-to-day basis working hard to run savings there. We are very willing, and than 1 percent savings without hurting the Department of Education, I am this, I think, was the message we gave children. convinced as a result of that visit that to the Education Department, help us The gentleman and I and other Mem- we can accomplish this job. We can find the 1 percent, or help us find 10 bers of Congress, we have children who save a penny on a dollar and do it with- percent, and we will not take all that are in public schools. We care deeply out harming the education of our chil- 10 percent and drive it into a surplus. about the quality of education. The dren. Help us find 10 percent so that we can last thing we want to see is this effort Mr. HOEKSTRA. Reclaiming my take that other 9 cents that you find to try to save money to fall dispropor- time, Mr. Speaker, it is interesting, we and drive it into a classroom where it tionately on the backs of America’s had that dialogue with the manage- really makes a difference, and take it children. ment and the employees of the Edu- out of bureaucracy. I think they are We just do not buy the notion that cation Department for about 21⁄2 hours just as willing to do that as they are to that has to be the case, that the De- on Friday morning. It was very inter- find the 1 percent for social security. partment of Education is incapable of esting, I do not know if the gentleman b finding the administrative savings, the read some of the comments, but in my 2000 bureaucratic savings and the savings papers back home some of my col- Mr. SCHAFFER. Mr. Speaker, the de- through the creativity in financial im- leagues on the other side characterized, scription of the gentleman from Michi- provements of saving these dollars so and get this, this is three Members of gan (Mr. HOEKSTRA) of the way the Sec- we can help children. That is the mes- Congress going to the Education De- retary of Education characterized the sage we took to the U.S. Department of partment, being very warmly received, action of three Members of Congress Education. talking to the leadership, talking to going down to their building and talk- The rest of Congress adjourned or rank and file employees. ing with rank and file employees as went back home Thursday evening I think the gentleman is absolutely storm trooping. after we had finished the week’s busi- right, if they were given the challenge, Mr. HOEKSTRA. Did the Secretary ness. We essentially had the day off. and I think we asked the leadership, actually say that? The three of us stuck behind and de- have you gone through and seen how Mr. SCHAFFER. Mr. Speaker, he cided to head down to the Department you would find 1 percent, and kind of called that a publicity stunt was his of Education offices. got this glazed-over look from the lead- words, that this was a publicity stunt. We literally walked right through ership of the Education Department. It is remarkable because what you the front doors and started going office But when we talked to the rank and have going on here in Washington is to office asking people about their jobs, file Education Department employees, just a handful of the education elite in what they do, what kinds of functions do you think you can help us find 1 per- the White House and in the Depart- they serve. cent to make sure that we do not de- ment of Education that want to con- We met with the finance officers. Be- crease by one amount the penny that is trol the entire national message on fore we go into some of the details on going into the classroom, they were education, not only the terms of im- that, I just want to point out that the very excited about that kind of an op- provement for America’s education gentleman’s description of our recep- portunity. system, but the terms of quality, the tion is entirely accurate. We had just a The characterization of Members of terms of spending and all of the rest. wonderful assembly of individuals Congress talking to employees within I think they feel threatened some- there at the Department of Education. the Department, it was characterized what when people like the gentleman I am talking about the rank and file as being like storm troopers. It was from Michigan and I and other Mem- people who are working every day on kind of like, I do not think so. I do not bers of Congress who have children and these programs. think that is the response we got at care deeply about the quality of edu- They care deeply about the country. all, either. cation around the country physically I walked into a number of office spaces The Department of Education em- go down there to their offices and talk and there on the desk would be the pic- ployees, we were talking to them about with the rank and file members. I tures of some of these folks, some of how they hand out the grant fund. The think this threatens somewhat their

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.098 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11189 ability to control the message. So if it cided to no longer provide support serv- give them each and every year to make threatens the message, so be it. ice to the Department of Education, so, sure that that money actually helps Mr. HOEKSTRA. Mr. Speaker, the therefore, the Department of Edu- kids learn. bottom line that we found out, which cation is now looking to a second ven- If they cannot find 1 percent, if they we suspected because GAO was report- dor, third vendor, I guess, to run a cannot produce auditable books, it is ing earlier this fall that this was going third accounting system and account- kind of like what they always say, we to be the case, for the Secretary to ing process. That will take place they are the Federal Government, and we come back and call something a pub- said, I think, in 2001. are here to help. It is kind of like, Mr. licity stunt. I talked to my staff about So over the span of a 5-year period, Secretary, we are here to help. It is what was going to happen after we they will undergo three different ac- part of our responsibility. came back. He said, well, you can bet counting systems. Again, I think the The gentleman from Colorado and I that the other side, since they cannot rank and file type people that we met are part of the oversight sub- talk about the issue, they are going to with, they certainly sympathize with committee. We are held responsible by just holler and scream and start pound- the concern that we have as Members the House to ensure that the funds that ing the table. of Congress and understand that there are given to Federal agencies are actu- If I were them, I would holler and is a legitimate question about the ally used in and accomplish the goals scream and pound the table and auditability of these books and realize and the purposes that Congress man- scream, because if they are not that they need to come up with an an- dates by law. holering and screaming, they are going swer very, very soon. Let us talk about some of the things to have to answer the one basic ques- But in the intervening time period, that we found when we talked about tion, which I did not see reported any- there is no doubt at all that there are them, and that is the grant back fund where: Mr. Secretary, you are man- too many questions that go unan- and the duplicate payments and those aging $120 billion, why are your books swered, particularly at a time when the types of things. But before we do that, not auditable? Why are you hollering dollar amount is very, very relevant. let us just go back. Some have said, and screaming at Congressmen? We need every spare penny to help well, this is a new effort now. The Sec- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE make good on our promise, to balance retary comes out on Tuesday, talks The SPEAKER pro tempore (Mr. the budget, and do it in a way that about these kinds of issues, and, all of KUYKENDALL). The gentleman should honors our commitment to save the a sudden, now Republicans are inter- direct his comments to the Chair, not Social Security Trust Fund. ested in education. Wrong. to others. They realize that they are a big part In 1995, we started the first hearings Mr. HOEKSTRA. Mr. Speaker, I of the solution over there. But as long that led to the Education at a Cross- thank the Chair for that guidance. as their books cannot be audited, as roads report which we published in Mr. Speaker, addressing the gen- long as their funds are being parked, to 1998. The hearing cycle began in 1995 tleman from Colorado (Mr. SCHAFFER) use the exact term that was used, being and continues to this year. We have here, the question that that Congress parked into accounts to the tune of been in Chicago. We have been in Mil- can and should be asking is: Mr. Sec- hundreds of millions of dollars, and not waukee. We have been in Wilmington, retary, why can you not answer the to mention the issue we discovered of Delaware. We have been in question of where the money went? the duplicate checks, duplicate checks Milledgeville, Georgia. We have been in What have you done with $120 billion? were being signed to different univer- San Fernando, California. We have I think that, as part of the Sub- sities and different recipients around been in Phoenix. We have been in Napa, committee on Oversight and Investiga- the country, as long as these kinds of California. We have been in Louisville, tions, those are the kinds of questions accounting glitches are occurring on a Kentucky, the Bronx and New York, we will ask over the next 2, 3 weeks, 2, day-by-day basis and the books are not Cincinnati, Little Rock. We have also 3, 4 months. The gentleman from Colo- auditable, they realize they have a done a lot of work in investigating the rado, as a member of the sub- problem. expenditures here in Washington. committee, knows that we have been It almost suggests that the answer The gentleman from Colorado re- dealing with this issue with the Cor- we heard from the Secretary and the members when we went back. One’s tax poration for National Service for 5 President was not a reasoned one, not a dollars at work were kind of an inter- years. For 5 years, they have not had sensible one, but a defensive one, that, esting highlight of this report. We auditable books. Now, some would say, no, we do not have a penny in savings highlighted it. Remember, the Depart- well, that is only a $600 million, $700 that we can find over here. It is not ment of Education, one of its primary million agency, why worry about it? here. Do not look here. Our agency is responsibilities is to help those kids Back in Michigan $600 million, $700 as clean as effective as can possibly be, who need help the most, to help them million is still a lot of money. and we are not going to help. to learn, to read, to help them to learn, The Department of Education, there That is why I say I think the Sec- to do math. is $120 billion. But the Secretary would retary is genuinely threatened. I think The Department of Education’s office get up and pound the table because he it is unfortunate the response we have of Special Education and Rehabilita- cannot answer the basic question as to, seen coming out of his office was as tive Services, what do they think is why are your books not auditable? We caustic as it was. I think that what we one of their primary missions? Close have given you $120 billion. We have represent is a part of a team that is ex- captioning is provided for, and this is a entrusted that to you. You cannot tell hibiting a good faith effort to reach out quote from one of their reports, diverse us where the money went. to the Executive Branch of government programs such as, this is the Federal Mr. Speaker, I yield to the gentleman and help these folks find the one penny Government, our Department of Edu- from Colorado (Mr. SCHAFFER). in savings for every dollar in expendi- cation paying for close captioning of Mr. SCHAFFER. Mr. Speaker, the tures that is necessary in order to run Bay Watch, Ricky Lake, the Montel frustration that was expressed to us an efficient and credible government. Williams show, and Jerry Springer. just by the finance leaders in the De- Mr. HOEKSTRA. Mr. Speaker, re- Good wholesome, all American pro- partment of Education was very evi- claiming my time, I think what mes- gramming. I guess I understand why dent, particularly within the context of sage we clearly sent last week was they provide close captioning for Bay this contracting transfer for the con- really twofold. Number one, we are Watch. My understanding is most peo- tractors that are setting up the audit going to help find the 1 percent savings ple watch that with the sound turned system. They had abandoned the old and make sure we do not raid Social off anyway. But that is where some of audit system just a few years ago and Security. The second thing is we are our Federal education dollars go. are now in the middle of transforming going to help come in and find the Here are some of the educational their entire financial system. other inefficiencies and the other man- publications from the Department of The contractor who was supporting agement deficiencies in this Depart- Education: Cartoons, the title of which the service took a hike, I suppose. The ment to ensure that we get maximum is the Ninjas, the X-Men, and the La- way it was described to us, they de- leverage on the $120 billion that we dies; Playing With Power and Identity

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.100 pfrm12 PsN: H01PT1 H11190 CONGRESSIONAL RECORD — HOUSE November 1, 1999 in Urban Primary School. We talked Mr. Speaker, I yield to the gentleman answers we received on Friday, we about this earlier at a press conference. from Colorado (Mr. SCHAFFER). think this is one legitimate place, not Another educational publication is Mr. SCHAFFER. Mr. Speaker, just to the entirety of our scope of concern, the Bakery Industry. This is their be clear on what this fund is, this is a but this is one legitimate place where title, Lesson Plans Prepared For Car fund where various payments are made the Congress ought to look to see if we Grocery Employees. The lessons focus out of the Department of Education to can find the savings that are rep- on topics from the workplace in the universities, other programs, States, resented by this one penny out of every following areas: Bakery, cake orders, and school districts directly, I pre- dollar in government expenditures. courtesy clerk, and sushi bar, 96 pages sume, other grantees that are selected We are trying to save that one penny. long. I am partial to bakeries, my dad to provide the specific services to the Again, when we went to the financial was a bakery, but I am not sure this is Department. These funds are expended officers, who are charged with man- a high priority program. and then, perhaps, not drawn down en- aging this fund, because we think there Fifth Grade Pipefitters, another lead- tirely or spent in a way that does not are still a lot of questions that are un- ing edge educational department pro- meet the definition of the original answered, very clearly from a staff to gram. Building workplace vocabulary grants, so these funds come back to the congressional level basis there is a very for pipefitters, compound words, 27 Department of Education, and they are clear willingness to clear up the ac- pages. I like this one. They are great. held there. count, to try to find any savings that They did one for the cement indus- A certain portion of them at some we can and to help our project of giving try. Care to guess what the name of point in time are eligible to go back to dollars to the classroom rather than that is. This is for the cement indus- the States or back to the programs in having it hung up in these questionable try. Title: A Concrete Experience, A question. Any unused portion is sup- accounts in Washington, D.C. Curriculum Developed to the Cement posed to go to the United States Treas- Mr. HOEKSTRA. If we go to take a Industry. ury, back to the American people. look at that report, I believe that is I love this one. Donna Reed; Channel- So one can see there is a lot of money also the report that says of the $712 ling Your Donna Reed Syndrome, a moving in and out that is of an indirect million that were in that account at manual on stress management for the nature, and this fund almost lends the end of 1996, only $12 to $13 million workplace, 20 pages long. itself to a certain amount of suspicion. were actually in the account based on This is not about whether we can find It was described to us that, while we what the account was set up for, and 1 percent, it is about whether there is were at the Department of Education, that the balance, the other 98 percent the Commitment to go through the that money is parked in this fund on of the money had found its way into over 200 programs at the Department of occasion, meaning that there is a posi- this account with no relationship to Education and to decide to focus on tive balance and presumably, at some the intended purpose of this account. Is what is right and what is not nec- points in time, according to their own that accurate? essary. memos, a rather large balance on occa- Mr. SCHAFFER. That is what their Remember the two contexts that we sion. chief financial officer states. He says, are debating this in and talking about Even though those dollars in that ‘‘The grant back account balance as of tonight is the Department of Edu- fund may not be in and of themselves September 30, 1996, is approximately cation, their books are not auditable, spent on other purposes, the very fact $725 million, of which $13 million is and this Republican Congress has actu- that the Department of Education is true grant back activity and $712, as ally allocated and approved more fund- able to show a large positive balance of stated above, is unidentified funds not ing for the Department of Education cash on hand means that they are al- related to the purposes of this ac- than what the President had in his lowed to make all kinds of other finan- count.’’ original request. cial commitments and maneuvering So here, not in my words or the We are willing to fund education; but within the Department. words of the gentleman from Michigan, but in the words of the chief financial at the same time, we are going to hold b that Department accountable for the 2015 officer within the Department of Edu- $35 billion that it receives in annual So that is why we raised the question cation, $712 million, as stated above, is appropriations. That is kind of the con- and why we looked at that fund. unidentified funds not related to the text, saying these kinds of things have But I think, Mr. Speaker, the real purposes of this account. been going on in the Department of evidence of the need for concern by Now, we did not go charging any kind Education. Congress comes right from a memo of malicious intent with these dollars, We identified those from 1995 to 1998. that we received from the Office of the or suggest that there is fraud or delib- We issued the report in 1998. Now, in Chief Financial Officer within the De- erate abuse of these funds, merely that 1999, we find out that their books are partment of Education, and here is in an agency with an annual appropria- no longer auditable. what he says about this particular tion of $35 billion, it is possible that Then maybe we want to talk a bit fund. He says, ‘‘Education’s fund,’’ edu- lines of communications occasionally about the grant back account. cation being the Department of Edu- get crossed and that there are funds Mr. Speaker, I yield to the gentleman cation, ‘‘Education’s fund balance ac- where dollars are being parked. And at from Colorado (Mr. SCHAFFER). count includes $712 million that it can- a point in time when we are trying to Mr. SCHAFFER. Mr. Speaker, the not identify with any specific program. save that one penny out of a dollar, grant back account is one that, well, I As stated in the following two para- this may be a good place to look. think the best way to describe it is to graphs, these unidentified funds have Mr. HOEKSTRA. Reclaiming my just go right to the internal report that accumulated since fiscal year 1993 due time, when the chief financial officer is circulating in the Department. to adjustments made to its grant pro- says we have this account established Mr. HOEKSTRA. Mr. Speaker, re- gram accounts. For example, during that has over $700 million in it, only 2 claiming my time for a minute, when the fiscal year 1996, Education made percent of which, only $12 million, is in we talk about the books are not adjustments to approximately 155 of that account based on why that ac- auditable, this is not a couple of Mem- the 184 grant program accounts.’’ count was set up, meaning roughly $700 bers saying, hey, we do not think the So, again, of the 184 grant programs million found its way into this account books are auditable. It is their own that are on their list, they made ad- through some other reason, when we chief finance officer, their own Inspec- justments to just about all of them, 155 combine that with the fact that that is tor General saying they are not of them, all but 29 of them, and the re- 1996; that 1998’s books are not auditable. The same thing, we use sult being that money comes back to auditable, we have just asked some, I words from the people in the Depart- the Department of Education and is think, very legitimate questions. How ment of Education. So these are not al- parked in this account. We just simply much is in the account today? And the legations made by Congressmen, these think that, based on their own chief fi- estimate was, well, this account today are people within the Department mak- nancial officer memos, the questions has in it somewhere around $189 to $200 ing these kinds of statements. and the answers that we issued and the million. So as of today, or at least as of

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.102 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11191 Friday there was still $200 million in this was the example the gentleman the appropriate account or in some that account. was thinking of using, but the Federal cases returned to the Treasury.’’ We have asked the General Account- Education Department does not edu- Once again, the answer is, well, other ing Office to go to the Department of cate kids, what it does is it hands out agencies do this. This is a pretty typ- Education and ask some very basic money. And they hand out money ical thing in government, therefore, it questions, which I think we as Mem- based on school districts applying and is okay for the Department of Edu- bers of Congress, representing the then the Department of Education giv- cation. He goes on. He says, ‘‘Over the American people, are entitled to some ing out grants. past few years, our Inspector General answers. We have asked as colleagues, Under Vice President GORE’s Na- has worked closely with the Depart- and as the chairman of the oversight tional Performance Review, they did do ment and independent auditors to fur- subcommittee, I want to know where better. They took a look at how this ther improve controls over these and that original $700 million came from. process works, the discretionary grant all other department accounting and fi- Under the anti-deficiency act, no Fed- process, and they found out that if a nancial management systems and pro- eral agency is entitled to carry dollars school district or an educational entity cedures.’’ Well, what that sentence over from year to year to year. I want applied for a grant, it took 26 weeks to tells us is that the Department of Edu- to know where the decision was made get processed and it took 487 separate cation realizes it may have a problem that these dollars, $700 million, did not steps from start to finish. with respect to this account. They fall under the Anti-Deficiency Act, and So if a school district is all excited, have had their own Inspector General that they should have been returned to or is really concerned because they working to, as he says, ‘‘improve con- the Treasury at the end of every fiscal have identified this issue or problem trols over these and other department year, where did the Department get the that they need to deal with, it was kind accounting and financial management authorization to keep that money at of like, hey, the Federal Government systems.’’ the Department of Education? Now has this program out here, let us apply And, finally, I would just point out that it has gone from $700 to $189 mil- for it. Twenty-six weeks later and 487 that he says ‘‘The Department cur- lion, where did this $500 million go? Is steps later they might have gotten rently maintains three clearing ac- the tracking there? Under whose au- their answer and they might have got- counts.’’ We only investigated the one, thorization, under what congressional ten a check. Well, they improved that. but he says that there are three. There authorization did this $700 million get It now only takes 20 weeks and 216 is not just the big, the rather large, whittled down to $189 million? steps. So if school starts in September, grant back account, which in 1998 was We are talking about real money and that school has got some creative $594 billion. here. This is $500 million. We have a le- teachers who have got a program they Mr. HOEKSTRA. $594 million. gitimate right to know. And maybe would like to propose or whatever, Mr. SCHAFFER. Sorry, $594 million. when we go through this whole process, maybe by the beginning of the new In 1996 it was $712 million. The Sec- the Department of Education will have year or the second semester they might retary claims now that the fund is at a very reasoned approach to showing be able to have an answer to the grant $189 million. But there is this short- how they got from $700 million to $189 request. term clearing account and there is an- million. But when we have these kinds I yield to my colleague. other one called a long-term clearing of questions in place about the money Mr. SCHAFFER. I was intending to account, and the Secretary suggests being parked inappropriately or in a go back to the memo that the gen- that there is $41 million on hand there, fund that was designed for another pur- tleman and I received just last Friday. for a grand total of $228 million, ac- pose, when we have a department that After our visit, the Secretary sent the cording to the Secretary’s analysis has unauditable books, and when we memo addressed to the gentleman and that he was able to scrap together on have at least an appearance of a viola- myself, and it suggests that our ques- Friday. tion of the Anti-Deficiency Act, there tions into this whole slush fund, as the The point being, even if we are are some questions that should be term had been used, is unwarranted. wrong, the fact remains there is $228 asked and the Department should be First of all, he says, ‘‘The account million sitting in three clearing ac- held accountable for and that they was used as a clearing account to make counts over at the Department of Edu- should respond to. And we have set adjustments. The Inspector General cation, which is, coincidently, close, those wheels in motion to try to get never called this a slush fund.’’ So not exactly to the dollar figure, but the answers to those kinds of ques- since the Inspector General does not close to the 1 percent savings we are tions. call it a slush fund, therefore, accord- trying to get at. And, Mr. Speaker, I yield to my col- ing to the memo, it does not exist. So we may not be able to find the league. But the Secretary goes on and says, whole penny in this account, but I am Mr. SCHAFFER. I think the most ‘‘The Department is legally prohibited sure if the gentleman and I were able disappointing aspect of this whole from obligating funds for new activi- to figure this out within the course of question that we have raised, and the ties from these accounts.’’ Again, a couple weeks of investigation and challenge that we have put to the De- pointing out that those funds may not discussion with other members of the partment of Education is the instanta- be spent out of the account on other Secretary’s staff, by the time we all neous reflexive response from its sec- things. But parking hundreds of mil- worked cooperatively together to real- retary and from the White House say- lions of dollars of cash in that account ize that this is an important legitimate ing we cannot find any efficiency sav- creates a false-positive balance in the national goal, to secure savings and ings in the Department. It is just not overall books that allows other expend- put dollars in the classroom rather there. It is impossible. Stop looking. itures to take place. This is the point than leaving them tied up in Wash- Go look somewhere else. And to con- we are raising. ington, that we can find that one penny tinue to insist we can squeeze one But just listen here to the shallow savings. penny of savings out of every dollar of defense that is put up, or the defensive I thing we are well on our way in the expenditure means we have to hurt posture I guess that is represented in research we have done. And the visit children, I think, is the wrong attitude the memo the Secretary uses when he that we initiated on Friday is a good and the wrong approach to take. writes to the gentleman and myself. step in the right direction and offers I think the American people expect ‘‘Most, if not all, Federal agencies some real hope and promise that we better of people in Washington. maintain ‘clearing accounts’ in which will be able to get this job accom- Mr. HOEKSTRA. I was going to give funds are held temporarily prior to plished. an example of doing better, and one ex- final allocation. Balances in Education Mr. HOEKSTRA. Going back to the ample of this administration thinking Department’s clearing accounts pri- letter my colleague was reading, the that they can do better. marily are the result of currently Department clearly knows that their Under the National Performance Re- unreconciled differences in other de- financial controls were lacking, when view process, which was designed to partments’ accounts. These balances they say the Department has worked streamline government, and maybe ultimately either are reclassified to closely with their Inspector General. It

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.104 pfrm12 PsN: H01PT1 H11192 CONGRESSIONAL RECORD — HOUSE November 1, 1999 is obvious they have not done a good local classroom so that a teacher can that were made under this old account- enough job. use that money to help educate a child. ing system and did you recover them. In 1998, the last year they tried to The second thing that we want to do, Because maybe some schools maybe audit the books, the books were still and this is where we really had the two did not know they got a duplicate pay- not auditable. Perhaps in this one ac- different worlds of education policy ment and so they maybe spent it, and count we can find a good portion of two weeks ago, the ESEA, the Elemen- now all of a sudden they have got to be that, but then we still cannot take tary Secondary Education Act, which put on a repayment schedule to get the away what is in this report. Paying for is a Washington mandate model that money back. Jerry Springer, paying for a process says you will use this money to do Sloppy fiscal management is not in that takes 20 weeks and 216 steps. these types of things and we are going the best interest of anybody. It is not Mr. SCHAFFER. There really are two to measure you and hold you account- in the best interest of the taxpayer. It points upon which we need to focus in able, versus the process that you and I is not in the best interest of the De- order to accomplish the job of truly very much support, which is what is partment of Education. And it is not in making the Department of Education called Straight A’s, which is, in ex- the best interest of local school dis- an efficient and lean organization for change for the States coming back and tricts, either. the benefit of children. One is the fi- getting a great degree of flexibility, we Mr. SCHAFFER. Mr. Speaker, to go nancial structure of the Department, will hold them accountable, not for back to one of the remarkable quotes which is cumbersome and it is boring what the other bill does, which is that my colleague referenced a little to a lot of people. It is not exciting. measures process, did you fill the forms earlier, I do not want to name the But that is where a lot of the money is. out correctly and did you use the Member in particular, but one of our But the second, which the gentleman money for what we intended it for, we colleagues blasted our visit to the De- has focused on, are the policy-related allow the States and allow the local partment of Education. He said in the decisions. school districts to take the money and quote, and this is an AP story, he b 2030 use it on what they felt was most need- blasted our efforts as ‘‘storm trooper ed in that school, if it was technology, tactics’’ of the three Republicans who There are many functions of the De- if it was reducing class size, if it was visited Friday on the Department of partment of Education that we frankly teacher training, if it was additional Education. do not need that, as I commented Fri- materials for the classroom; and in ex- Mr. HOEKSTRA. Mr. Speaker, I day when we came back here, there are change for that flexibility, the State thank the gentleman from Colorado good, hard-working, conscientious would be held accountable not for fill- (Mr. SCHAFFER) for participating in the folks that are working in some of the ing out the process, but for improving special order. offices that we visited. But frankly, the educational achievement of every f there are a handful of offices and pro- student in the State. grams that the Department maintains So the Federal Government would LEAVE OF ABSENCE and runs today that, despite the best of reach into a contract with the States By unanimous consent, leave of ab- efforts, they are not essential. and focus on academic achievement sence was granted to: I hate to say that to some of the rather than a process oriented system. Ms. BERKLEY (at the request of Mr. folks that are employed by these pro- That is what this is all about. It is GEPHARDT) for today on account of grams. They work hard at the task about educating kids. That is why we family medical reasons. that has been given them. But if we are going over to the Department of Mr. STUPAK (at the request of Mr. ask an average teacher around the Education and saying, we are sorry, a GEPHARDT) for today on account of country, those who teach my children department that manages $120 billion a family matters. and those who are in schools anywhere year that does not have auditable Ms. CARSON (at the request of Mr. in America, whether some of these pro- books is not doing a good enough job GEPHARDT) for today and November 2 grams that the gentleman from Michi- helping our kids get a good education, on account of official business. gan (Mr. HOEKSTRA) mentioned just a a department that perhaps maintains Mr. MCNULTY (at the request of Mr. few moments ago are important when some of these questionable accounting GEPHARDT) for today and November 2 stacked up against the classroom level practices really is not doing a good on account of business in the District. needs that these teachers have in their enough job. Ms. JACKSON-LEE of Texas (at the re- classroom, I think nine times out of We have not even talked about the quest of Mr. GEPHARDT) for today on ten a teacher, certainly a principal and duplicate payments. account of family medical matter. an administrator, is going to pick the Mr. SCHAFFER. Mr. Speaker, no, we Mr. OWENS (at the request of Mr. money to the classroom rather than have not talked much about that ei- GEPHARDT) for today on account of offi- the money to the Government program ther. cial business. in Washington. Mr. HOEKSTRA. Mr. Speaker, this is Mr. HAYWORTH (at the request of Mr. Mr. HOEKSTRA. Mr. Speaker, that I think maybe perhaps one of the sad- ARMEY) for today on account of family puts us right back to what the Repub- der moments when we were sitting reasons. lican agenda has been and like we said down with the leadership of the De- Mr. HULSHOF (at the request of Mr. when we began this. The two param- partment of Education and we asked ARMEY) for today and November 2 on eters are, number one, their books are about duplicate payments and they account of attending the birth of Casey not auditable, so we are going to be said, we are aware of one. And we kind Elizabeth Hulshof. able to find the waste, fraud, or the of pushed them on it and they said, Mr. TOOMEY (at the request of Mr. savings in the Department. I am not well, there might have been a couple. ARMEY) for today on account of attend- concerned about that. And then we hauled out again from I ing Pennsylvania state elections. But then that moves over into the think their chief function officer docu- f policy debate. And remember, Repub- ment that we said the head of the bul- SPECIAL ORDERS GRANTED licans have put more money into edu- let points were examples of duplicate cation than what this President even payments, 40 million, 4 million, 296. By unanimous consent, permission to asked for. So it is not about money. I know that went to the State of Col- address the House, following the legis- What it is about is policy, how is that orado or the University of Colorado. lative program and any special orders money going to get to a local school, Mr. SCHAFFER. Mr. Speaker, they heretofore entered, was granted to: how is it going to get to a local teacher sent it back. (The following Members (at the re- or to a local classroom. Mr. HOEKSTRA. Yes, they sent it quest of Mr. GREEN of Texas) to revise My colleague and I just participated back. But these were examples and and extend their remarks and include in, number one, we said last year and they were only telling us about a cou- extraneous material:) we are going to work on it again this ple. So, again, this is another thing Mrs. THURMAN, for 5 minutes, today. year is that we want to put 95 cents of that we have asked for is, give us a Mr. DAVIS of Florida, for 5 minutes, every Federal education dollar into a listing of all the duplicate payments today.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.106 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11193

Mrs. MEEK of Florida, for 5 minutes, The motion was agreed to; accord- (PHAS); Transition to the PHAS [Docket No. today. ingly (at 8 o’clock and 36 minutes FR–4497–N–02] (RIN: 2577–AC08) received Oc- Mr. FILNER, for 5 minutes, today. p.m.), under its previous order, the tober 22, 1999, pursuant to 5 U.S.C. Ms. BROWN of Florida, for 5 minutes, House adjourned until tomorrow, Tues- 801(a)(1)(A); to the Committee on Banking and Financial Services. today. day, November 2, 1999, at 9 a.m., for 5047. A letter from the Assistant General Mr. PASCRELL, for 5 minutes, today. morning hour debates. Counsel for Regulations, Office of the Sec- (The following Members (at the re- f retary, Department of Housing and Urban quest of Mr. MCINNIS) to revise and ex- Development, transmitting the Depart- tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, ment’s final rule—Section 8 Tenant-Based neous material:) ETC. Assistance; Statutory Merger of Section 8 Mr. MILLER of Florida, for 5 minutes, Under clause 8 of rule XII, executive Certificate and Voucher Programs; Housing today and November 2 and 3. communications were taken from the Choice Voucher Program [Docket No. FR– Mr. MICA, for 5 minutes, today. Speaker’s table and referred as follows: 4428–F–04] (RIN: 2577–AB91) received October 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. MORAN of Kansas, for 5 minutes, 5038. A letter from the Administrator, Ag- today. the Committee on Banking and Financial ricultural Marketing Service, Department of Services. Mr. STEARNS, for 5 minutes, today. Agriculture, transmitting the Department’s 5048. A letter from the General Counsel, Mrs. FOWLER, for 5 minutes, today. final rule—Domestically Produced and Im- National Credit Union Administration, Mr. GOSS, for 5 minutes, today and ported Peanuts; Change in the Maximum transmitting the Administration’s final November 2–5. Percentage of Foreign Material Allowed rule—Federal Credit Unions; Miscellaneous Mr. RAMSTAD, for 5 minutes, today. Under Quality Requirements [Docket Nos. Technical Amendments—received October 27, Mr. METCALF, for 5 minutes, today. FV99–997–2 IFR, FV99–998–1 IFR, and FV99– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. SHAW, for 5 minutes, today. 999–1 IFR] received October 25, 1999, pursuant Committee on Banking and Financial Serv- Mr. KINGSTON, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on ices. Mr. MCINNIS, for 5 minutes, today. Agriculture. 5049. A letter from the Director, Office of (The following Member (at her own 5039. A letter from the Congressional Re- Regulatory Management and Information, request) to revise and extend her review Coordinator, Animal and Plant Health Environmental Protection Agency, transmit- Inspection Service, Department of Agri- marks and include extraneous mate- ting the Agency’s final rule—Approval and culture, transmitting the Department’s final Promulgation of Implementation Plan; Indi- rial: ) rule—Imported Fire Ant; Approved Treat- ana [IN106–1a; FRL–6446–5] received October Ms. WOOLSEY, for 5 minutes, today. ments [Docket No. 99–027–2] received October 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to (The following Member (at his own 25, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. request) to revise and extend his re- the Committee on Agriculture. 5050. A letter from the Director, Office of marks and include extraneous mate- 5040. A letter from the Administrator, Ag- Regulatory Management and Information, rial:) ricultural Marketing Service, Department of Environmental Protection Agency, transmit- Mr. DAVIS of Illinois, for 5 minutes, Agriculture, transmitting the Department’s ting the Agency’s final rule—Approval and today. final rule—Walnuts Grown in California; De- Promulgation of Air Quality Implementa- creased Assessment Rate [Docket No. FV99– tion Plans; New Jersey; Approval of National f 984–3 IFR] received October 25, 1999, pursuant Low Emission Vehicle Program [Region 2 BILL AND JOINT RESOLUTIONS to 5 U.S.C. 801(a)(1)(A); to the Committee on Docket No. NJ35–2–195a FRL–6461–7] received PRESENTED TO THE PRESIDENT Agriculture. October 20, 1999, pursuant to 5 U.S.C. 5041. A letter from the Administrator, Ag- 801(a)(1)(A); to the Committee on Commerce. Mr. THOMAS, from the Committee ricultural Marketing Service, Department of 5051. A letter from the Director, Office of on House Administration, reported Agriculture, transmitting the Department’s Regulatory Management and Information, that that committee did on the fol- final rule—Refrigeration Requirements for Environmental Protection Agency, transmit- lowing dates present to the President, Shell Eggs [Docket No. PY–99–002] received ting the Agency’s final rule—National Emis- for his approval, a bill and joint resolu- October 25, 1999, pursuant to 5 U.S.C. sion Standards for Hazardous Air Pollutants: tions of the House of the following ti- 801(a)(1)(A); to the Committee on Agri- Publicly Owned Treatment Works [AD–FRL– culture. 6462–7] (RIN: 2060–AF26) received October 20, tles: 5042. A communication from the President 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the On October 27, 1999: of the United States, transmitting a request Committee on Commerce. H.R. 1175. To locate and secure the return to make available $8.8 billion in previously 5052. A letter from the Director, Office of of Zachary Baumel, a United States citizen, appropriated FY 2000 emergency funds for Regulatory Management and Information, and other Israeli soldiers missing in action. the Department of Agriculture; (H. Doc. No. Environmental Protection Agency, transmit- H.J. Res. 62. To grant the consent of Con- 106–152); to the Committee on Appropriations ting the Agency’s final rule—Approval and gress to the boundary change between Geor- and ordered to be printed. Promulgation of Air Quality Implementa- gia and South Carolina. 5043. A letter from the Secretary of Agri- tion Plans; Virginia; Control of VOC Emis- On October 28. 1999: culture, transmitting a letter reporting vio- sions from Solvent Metal Cleaning Oper- H.J. Res. 73. Making further continuing ap- lations of section 1341(a) and 1517(a) of Title ations [VA 097–5041; FRL–6459–9] received Oc- propriations for the fiscal year 2000, and for 31 of the U.S. Code; to the Committee on Ap- tober 20, 1999, pursuant to 5 U.S.C. other purposes. propriations. 801(a)(1)(A); to the Committee on Commerce. f 5044. A letter from the Assistant General 5053. A letter from the Special Assistant to Counsel for Regulations, Department of the Bureau Chief, Mass Media Bureau, Fed- OMMISSION FROM THE CONGRES- Housing and Urban Development, transmit- eral Communications Commission, transmit- SIONAL RECORD OF THURSDAY, ting the Department’s final rule—Renewal of ting the Commission’s final rule—Amend- OCTOBER 28, 1999 Expiring Annual Contributions Contracts in ment of Section 73.202(b), Table of Allot- the Tenant-Based Section 8 Program; For- ments, FM Broadcast Stations (Princeton mula for Allocation of Housing Assistance and Elk River, Minnesota) [MM Docket No. ENROLLED JOINT RESOLUTION [Docket No. FR–4459–F–03] (RIN: 2577–AB 96) 98–208 RM–9396] received October 25, 1999, SIGNED received October 22, 1999, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on mittee on Commerce. Mr. THOMAS, from the Committee Banking and Financial Services. 5054. A letter from the Special Assistant to on House Administration, reported 5045. A letter from the Assistant General the Bureau, Mass Media Bureau, Federal that that committee had examined and Counsel for Regulations, Department of Communications Commission, transmitting found truly enrolled a joint resolution Housing and Urban Development, transmit- the Commission’s final rule—Amendment of of the House of the following title, ting the Department’s final rule—Public Section 73.202(b), Table of Allotments, FM which was thereupon signed by the Housing Agency Plans [Docket No. FR–4420– Broadcast Stations (Fremont and Holton, Speaker: F–05] (RIN: 2577–AB89) received October 22, Michigan) [MM Docket No. 98–180 RM–9365) 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the received October 25, 1999, pursuant to 5 H.J. Res. 73. Joint resolution making fur- Committee on Banking and Financial Serv- U.S.C. 801(a)(1)(A); to the Committee on ther continuing appropriations for the fiscal ices. Commerce. year 2000, and for other purposes. 5046. A letter from the Assistant General 5055. A letter from the Special Assistant to f Counsel for Regulations, Office of Assistant the Bureau Chief, Mass Media Bureau, Fed- ADJOURNMENT Secretary for Public and Indian Housing, De- eral Communications Commission, transmit- partment of Housing and Urban Develop- ting the Commission’s final rule—Amend- Mr. HOEKSTRA. Mr. Speaker, I move ment, transmitting the Department’s final ment of Section 73.202(b), Table of Allot- that the House do now adjourn. rule—Public Housing Assessment System ments, FM Broadcast Stations (Mount Olive

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.109 pfrm12 PsN: H01PT1 H11194 CONGRESSIONAL RECORD — HOUSE November 1, 1999 and Staunton, Illinois) [MM Docket No. 99– 5065. A letter from the Deputy Associate 5075. A letter from the Acting Director, Of- 167 RM–9391] received October 25, 1999, pursu- Administrator, Office of Acquisition Policy, fice of Sustainable Fisheries, National Ma- ant to 5 U.S.C. 801(a)(1)(A); to the Committee National Aeronautics and Space Administra- rine Fisheries Service, National Oceanic and on Commerce. tion, transmitting the Administration’s final Atmospheric Administration, transmitting 5056. A letter from the Special Assistant to rule—Federal Acquisition Regulation; Value the Administration’s final rule—Fisheries of the Chief, Mass Media Bureau, Federal Com- Engineering Change Proposals/PAT [FAC 97– the Exclusive Economic Zone off Alaska; munications Commission, transmitting the 14; FAR Case 97–031; Item XIV] (RIN: 9000– Inseason Adjustment to Required Observer Commission’s final rule—Amendment of Sec- AH84) received September 21, 1999, pursuant Coverage [Docket No. 980826225–8296–02; I.D. tion 73.202(b). Table of Allotments, FM to 5 U.S.C. 801(a)(1)(A); to the Committee on 100499B] received October 25, 1999, pursuant Broadcast Stations (Cal-Nev-Ari, Boulder Government Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on City, and Las Vegas, Nevada) [MM Docket 5066. A letter from the Commissioner, So- Resources. No. 93–279 RM–8368 RM–8385] received Octo- cial Security Administration, transmitting 5076. A letter from the Assistant Secretary ber 25, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); the annual inventory of commercial activi- of the Army, Department of Defense, trans- to the Committee on Commerce. ties as required by Public Law 105–270; to the mitting the Department’s biennial report on 5057. A letter from the Chairman, Federal Committee on Government Reform. the implementation of section 1135 of the Energy Regulatory Commission, transmit- 5067. A letter from the Director, Office of Water Resources Development Act of 1986, as ting the Commission’s final rule—Regula- Surface Mining, Department of the Interior, amended, pursuant to 33 U.S.C. 2294 nt.; to tions Governing Off-the-Record Communica- transmitting the Department’s final rule— the Committee on Transportation and Infra- tions [Docket No. RM–98–1–000] received Oc- Missouri Regulatory Program [SPATS No. structure. tober 20, 1999, pursuant to 5 U.S.C. MO–035–FOR] received October 25, 1999, pur- 5077. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Chief Counsel, Office of Motor Carrier Safe- 5058. A letter from the Secretary of the mittee on Resources. ty, Department of Transportation, transmit- Commission, Bureau of Consumer Protec- 5068. A letter from the Assistant Secretary, ting the Department’s final rule—Motor Car- tion, Division of Enforcement, Federal Trade Water and Science, Bureau of Reclamation, rier Safety Regulations [Docket No. OMCS– Commission, transmitting the Commission’s Department of the Interior, transmitting the 99–6386] (RIN: 2125–AE70) received October 25, final rule—Guides For The Dog And Cat Department’s final rule—Offstream Storage 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Food Industry—received October 22, 1999, of Colorado River Water and Development Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Release of Intentionally Created Unused structure. mittee on Commerce. Apportionment in the Lower Division States 5078. A letter from the Chief, Office of Reg- 5059. A letter from the Chief Counsel (For- (RIN: 1006–AA40) received October 26, 1999, ulations and Administrative Law, USCG, De- eign Assests Control), Department of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Transportation, transmitting Treasury, transmitting the Department’s mittee on Resources. the Department’s final rule—Safety Zone final rule—Sudanese Sanctions Regulations; 5069. A letter from the Director, Office of Regulations; Mile 94.0 to Mile 96.0, Lower Libyan Sanctions Regulations; Iranian Surface Mining, Department of the Interior, Mississippi River, Above Head of Passes Transactions Regulations: Licensing of Com- transmitting the Department’s final rule— [COTP New Orleans, LA Regulation 99–027] mercial Sales, Exportation and Reexpor- Mississippi Regulatory Program [SPATS No. (RIN: 2115–AA97) received October 25, 1999, tation of Agricultural Commodities and MS–015–FOR] received October 20, 1999, pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Products, Medicine, and Medical Equipment; suant to 5 U.S.C. 801(a)(1)(A); to the Com- Iranian Accounts on the Books of U.S. De- mittee on Transportation and Infrastruc- mittee on Resources. pository Institutions; Informational Mate- ture. 5070. A letter from the Director, Office of 5079. A letter from the Program Analyst, rials; Visas—received October 27, 1999, pursu- Surface Mining, Department of the Interior, FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule— mitting the Department’s final rule—Modi- on International Relations. Indiana Regulatory Program [SPATS No. 5060. A letter from the Executive Director, fication of Class E Airspace; Sedona, AZ IN–140–FOR; State Program Amendment No. Committee For Purchase From People Who [Airspce Docket No. 99–AWP–4] received Oc- Are Blind or Severely Disabled, transmitting 98–4] received October 20, 1999, pursuant to 5 tober 25, 1999, pursuant to 5 U.S.C. the Committee’s final rule—Miscellaneous U.S.C. 801(a)(1)(A); to the Committee on Re- 801(a)(1)(A); to the Committee on Transpor- Amendments to Committee Regulations—resources. tation and Infrastructure. 5071. A letter from the Acting Director, Of- ceived October 25, 1999, pursuant to 5 U.S.C. 5080. A letter from the Program Analyst, fice of Sustainable Fisheries, National Ma- 801(a)(1)(A); to the Committee on Govern- FAA, Department of Transportation, trans- rine Fisheries Service, National Oceanic and ment Reform. mitting the Department’s final rule—Estab- 5061. A letter from the Executive Director, Atmospheric Administration, transmitting lishment of Class E Airspace: York County, Committee For Purchase From People Who the Administration’s final rule—Fisheries of PA [Airspace Docket No. 99–AEA–09] re- Are Blind Or Severely Disabled, transmitting the Exclusive Economic Zone Off Alaska; ceived October 25, 1999, pursuant to 5 U.S.C. the Committee’s final rule—Additions and Yellowfin Sole by Vessels Using Trawl Gear 801(a)(1)(A); to the Committee on Transpor- Deletion—received October 25, 1999, pursuant in the Bering Sea and Aleutian Islands tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 990304063–9063–01; I.D. 101599C] re- 5081. A letter from the Program Analyst, Government Reform. ceived October 22, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 5062. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Resources. mitting the Department’s final rule—Modi- Administrator, Office of Acquisition Policy, 5072. A letter from the Acting Director, Of- fication of Federal Airway Victor 108 (V–108) National Aeronautics and Space Administra- fice of Sustainable Fisheries, National Ma- in the Vinicity of Colorado Springs, CO [Air- tion, transmitting the Administration’s final rine Fisheries Service, National Oceanic and space Docket No. 99–ANM–4] (RIN: 2120– rule—Federal Acquisition Regulation; Use of Atmospheric Administration, transmitting AA66) received October 25, 1999, pursuant to Competitive Proposals [FAC 97–14; FAR Case the Administration’s final rule—Fisheries of 5 U.S.C. 801(a)(1)(A); to the Committee on 99–001; Item III] (RIN: 9000–AI44) received the Exclusive Economic Zone Off Alaska; Transportation and Infrastructure. September 21, 1999, pursuant to 5 U.S.C. Pollock in Statistical Area 620 of the Gulf of 5082. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Govern- Alaska [Docket No. 990304062–9062–01; I.D. FAA, Department of Transportation, trans- ment Reform. 101499A] received October 25, 1999, pursuant mitting the Department’s final rule—Stand- 5063. A letter from the Deputy Associate to 5 U.S.C. 801(a)(1)(A); to the Committee on ard Instrument Approach Procedures; Mis- Administrator, Office of Acquisition Policy, Resources. cellaneous Amendments [Docket No. 29815; National Aeronautics and Space Administra- 5073. A letter from the Acting Director, Of- Amdt. No. 1957] received October 25, 1999, tion, transmitting the Administration’s final fice of Sustainable Fisheries, National Ma- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Federal Acquisition Regulation; His- rine Fisheries Service, National Oceanic and mittee on Transportation and Infrastruc- torically Underutilized Business Zone Atmospheric Administration, transmitting ture. (HUBZone) Empowerment Contracting Pro- the Administration’s final rule—Fisheries of 5083. A letter from the Program Analyst, gram [FAC 97–14; FAR Case 97–307; Item II] the Exclusive Economic Zone Off Alaska; FAA, Department of Transportation, trans- (RIN: 9000–AI20) received September 21, 1999, Other Rockfish in the Central Regulatory mitting the Department’s final rule—Stand- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Area of the Gulf of Alaska [Docket No. ard Instrument Approach Procedures Mis- mittee on Government Reform. 990304062–9062–01; I.D. 101399B] received Octo- cellaneous Amendments [Docket No. 29814; 5064. A letter from the Deputy Associate ber 25, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Amdt. No. 1956] received October 25, 1999, Administrator, Office of Acquisition Policy, to the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- National Aeronautics and Space Administra- 5074. A letter from the Director, Office of mittee on Transportation and Infrastruc- tion, transmitting the Administration’s final Sustainable Fisheries, National Oceanic and ture. rule—Federal Acquisition Regulation; Cost- Atmospheric Administration, transmitting 5084. A letter from the Program Analyst, Reimbursement Architect-Engineer Con- the Administration’s final rule—Atlantic FAA, Department of Transportation, trans- tracts [FAC 97–14; FAR Case 97–043; Item XII] Highly Migratory Species Fisheries; Atlantic mitting the Department’s final rule—Stand- (RIN: 9000–AI22) received September 21, 1999, Bluefin Tuna [I.D. 092899G] received October ard Instrument Approach Procedures; Mis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to cellaneous Amendments [Docket No. 29786; mittee on Government Reform. the Committee on Resources. Amendment No. 1954] received October 25,

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\L01NO7.000 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11195 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39–11387; AD 99–22–09] (RIN: 2120– gress regarding the wasteful and unsports- Committee on Transportation and Infra- AA64) received October 25, 1999, pursuant to manlike practice known as shark finning; structure. 5 U.S.C. 801(a)(1)(A); to the Committee on with an amendment (Rept. 106–428). Referred 5085. A letter from the Program Analyst, Transportation and Infrastructure. to the House Calendar. FAA, Department of Transportation, trans- 5094. A letter from the Chief, Regulations Mr. BLILEY: Committee on Commerce. mitting the Department’s final rule—Air- Branch, U.S. Customs Service, Department H.R. 2418. A bill to amend the Public Health worthiness Directives; Short Brothers Model of the Treasury, transmitting the Depart- Service Act to revise and extend programs SD3–60 Series Airplanes [Docket No. 99–NM– ment’s final rule—Customs BONDed Ware- relating to organ procurement and trans- 52–AD; Amendment 39–11383; AD 99–22–05] houses [T.D. 99–78] (RIN: 1515–AC41) received plantation; with an amendment (Rept. 106– (RIN: 2120–AA64) received October 25, 1999, October 21, 1999, pursuant to 5 U.S.C. 429). Referred to the Committee of the Whole pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Ways and House on the State of the Union. mittee on Transportation and Infrastruc- Means. Mr. GOSS: Committee on Rules. House ture. 5095. A letter from the Chief, Regulations Resolution 348. Resolution agreeing to the 5086. A letter from the Program Analyst, Unit, Internal Revenue Service, transmitting conference requested by the Senate on the FAA, Department of Transportation, trans- the Service’s final rule—Reporting of Gross Senate amendment to the bill (H.R. 2990) to mitting the Department’s final rule—Air- Proceeds Payments to Attorneys [Notice 99– amend the Internal Revenue Code of 1986 to worthiness Directives; Construcciones 53] received October 27, 1999, pursuant to 5 allow individuals greater access to health in- Aeronautacs, S.A. (CASA), Model CN–235 Se- U.S.C. 801(a)(1)(A); to the Committee on surance through a health care tax deduction, ries Airplanes (RIN: 2120–AA64) received Oc- Ways and Means. a long-term care deduction, and other tober 25, 1999, pursuant to 5 U.S.C. 5096. A letter from the Chief, Regulations health-related tax incentives, to amend the 801(a)(1)(A); to the Committee on Transpor- Unit, Internal Revenue Service, transmitting Employee Retirement Income Security Act tation and Infrastructure. the Service’s final rule—Rulings and deter- of 1974 to provide access to and choice in 5087. A letter from the Program Analyst, mination letters [Rev. Proc. 99–40] received health care through association health FAA, Department of Transportation, trans- October 27, 1999, pursuant to 5 U.S.C. plans, to amend the Public Health Service mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Ways and Act to create new pooling opportunities for worthiness Directives; Airbus Model A330 Means. small employers to obtain greater access to and A340 Series Airplanes [Docket No. 99– 5097. A letter from the Chief, Regulations health coverage through HealthMarts; to NM–181–AD; Amendment 39–11385; AD 99–22– Unit, Internal Revenue Service, transmitting amend title I of the Employee Retirement 07] (RIN: 2120–AA64) received October 25, 1999, the Service’s final rule—Weighted Average Income Security Act of 1974, title XXVII of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Interest Rate Update [Notice 99–52] received the Public Health Service Act, and the Inter- mittee on Transportation and Infrastruc- Ocotber 25, 1999, pursuant to 5 U.S.C. nal Revenue Code of 1986 to protect con- ture. 801(a)(1)(A); to the Committee on Ways and sumers in managed care plans and other 5088. A letter from the Program Analyst, Means. health coverage, and for other purposes FAA, Department of Transportation, trans- 5098. A letter from the Assistant Secretary (Rept. 106–430). Referred to the House Cal- mitting the Department’s final rule—Air- for Legislative Affairs, Department of State, endar. worthiness Directives; British Aerospace transmitting notice that the President has Mr. BURTON: Committee on Government BAe Model ATP Airplanes [Docket No. 99– exercised the authority provided to him and Reform. H.R. 170. A bill to require certain NM–19–AD; Amendment 39–11381; AD 99–22–03] has issued the required determination to notices in any mailing using a game of (RIN: 2120–AA64) received October 25, 1999, waive certain restrictions on the mainte- chance for the promotion of a product or pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- nance of a Palestine Liberation Organization service, and for other purposes; with an mittee on Transportation and Infrastruc- (PLO) Office and on expenditure of PLO amendment (Rept. 106–431). Referred to the ture. funds for a period of six months; jointly to Committee of the Whole House on the State 5089. A letter from the Program Analyst, the Committees on International Relations of the Union. FAA, Department of Transportation, trans- and Appropriations. Mr. BURTON: Committee on Government mitting the Department’s final rule—Air- Reform. H.R. 3137. A bill to amend the Presi- worthiness Directives; Bombardier Model f dential Transition Act of 1963 to provide for DHC–8–102, –103, –106, –201, –202, –301, –311, and REPORTS OF COMMITTEES ON training of individuals a President-elect in- –315 Series Airplanes [Docket No. 99–NM–32– tends to nominate as department heads or AD; Amendment 39–11382; AD 99–22–04] (RIN: PUBLIC BILLS AND RESOLUTIONS appoint to key positions in the Executive Of- 2120–AA64) received October 25, 1999, pursu- Under clause 2 of rule XIII, reports of fice of the President (Rept. 106–432). Referred ant to 5 U.S.C. 801(a)(1)(A); to the Committee committees were delivered to the Clerk to the Committee of the Whole House on the on Transportation and Infrastructure. for printing and reference to the proper State of the Union. 5090. A letter from the Program Analyst, calendar, as follows: FAA, Department of Transportation, trans- f mitting the Department’s final rule—Air- Mr. YOUNG of Alaska: Committee on Re- worthiness Directives; Raytheon Model sources. H.R. 359. A bill to clarify the intent PUBLIC BILLS AND RESOLUTIONS Mitsubishi MU–300 Airplanes [Docket No. 96– of Congress in Public Law 93–632 to require Under clause 2 of rule XII, public NM–210–AD; Amendment 39–11376; AD 99–21– the Secretary of Agriculture to continue to provide for the maintenance and operation of bills and resolutions were introduced 30] (RIN: 2120–AA64) received October 25, 1999, and severally referred, as follows: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 18 concrete dams and weirs that were located mittee on Transportation and Infrastruc- in the Emigrant Wilderness at the time the By Mrs. MORELLA (for herself, Mr. ture. wilderness area was designated in that Pub- DAVIS of Virginia, Mr. CUMMINGS, Mr. 5091. A letter from the Program Analyst, lic Law (Rept. 106–425). Referred to the Com- MORAN of Virginia, and Ms. NORTON): FAA, Department of Transportation, trans- mittee of the Whole House on the State of H.R. 3185. A bill to amend title 5, United mitting the Department’s final rule—Air- the Union. States Code, to establish a new method for worthiness Directives; McDonnell Douglas Mr. YOUNG of Alaska: Committee on Re- fixing rates of basic pay for administrative Model DC–9, DC–9–80 and C–9 (Military) Se- sources. H.R. 1235. A bill to authorize the appeals judges, and for other purposes; to the ries Airplanes, and Model MD–88 Airplanes Secretary of the Interior to enter into con- Committee on Government Reform. [Docket No. 98–NM–382–AD; Amendment 39– tracts with the Solano County Water Agen- By Mr. BURR of North Carolina: 11386; AD 99–22–08] (RIN: 2120–AA64) received cy, California, to use Solano Project facili- H.R. 3186. A bill to restrict the authority of October 25, 1999, pursuant to 5 U.S.C. ties for impounding, storage, and carriage of the Federal Communications Commission to 801(a)(1)(A); to the Committee on Transpor- nonproject water for domestic, municipal, review mergers and to impose conditions on tation and Infrastructure. industrial, and other beneficial purposes licenses and other authorizations assigned or 5092. A letter from the Program Analyst, (Rept. 106–426). Referred to the Committee of transferred in the course of mergers or other FAA, Department of Transportation, trans- the Whole House on the State of the Union. transactions subject to review by the De- mitting the Department’s final rule—Air- Mr. YOUNG of Alaska: Committee on Re- partment of Justice or the Federal Trade worthiness Directives; General Electric Air- sources. H.R. 2737. A bill to authorize the Commission; to the Committee on Com- craft Engines CF34 Series Turbofan Engines Secretary of the Interior to convey to the merce, and in addition to the Committee on [Docket No. 98–ANE–62–AD; Amendment 39– State of Illinois certain Federal land associ- the Judiciary, for a period to be subse- 11388; AD 99–22–10] (RIN: 2120–AA64) received ated with the Lewis and Clark National His- quently determined by the Speaker, in each October 25, 1999, pursuant to 5 U.S.C. toric Trail to be used as an historic and in- case for consideration of such provisions as 801(a)(1)(A); to the Committee on Transpor- terpretive site along the trail; with an fall within the jurisdiction of the committee tation and Infrastructure. amendment (Rept. 106–427). Referred to the concerned. 5093. A letter from the Program Analyst, Committee of the Whole House on the State By Mr. CALVERT: FAA, Department of Transportation, trans- of the Union. H.R. 3187. A bill to amend the Federal mitting the Department’s final rule—Air- Mr. YOUNG of Alaska: Committee on Re- Property and Administrative Services Act of worthiness Directives; Boeing Model 747–400 sources. House Concurrent Resolution 189. 1949 to temporarily continue authority relat- Series Airplanes [Docket No. 99–NM–178–AD; Resolution expressing the sense of the Con- ing to transfers of certain surplus property

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L01NO7.000 pfrm12 PsN: H01PT1 H11196 CONGRESSIONAL RECORD — HOUSE November 1, 1999

to State and local governments for law en- H.R. 534: Mr. TAUZIN and Mr. SMITH of H.R. 3147: Mr. FRANK of Massachusetts. forcement and emergency reponse purposes; Washington. H.R. 3180: Mrs. THURMAN. to the Committee on Government Reform. H.R. 541: Mr. EVANS. H.J. Res. 46: Mr. BILIRAKIS, Mr. QUINN, and By Mr. HALL of Ohio: H.R. 583: Mr. WEINER and Mr. BARCIA. Mr. COOK. H.R. 3188. A bill to provide for the disclo- H.R. 765: Mr. LEWIS of Kentucky, Mr. H. Con. Res. 77: Ms. STABENOW, Mr. SKEL- sure of the source of gem-quality diamonds CRAMER, and Mr. ADERHOLT. TON, and Mr. BASS. H. Con. Res. 152: Mr. COOK, Mr. OLVER, Mr. and gem-quality diamond products imported H.R. 826: Mr. PICKERING. SANDLIN, and Mr. PAYNE. into and sold in the United States; to the H.R. 997: Mr. OWENS, Mr. PICKERING, and H. Con. Res 177: Mr. BARCIA and Ms. KIL- Committee on Commerce. Mr. CONYERS. PATRICK. H.R. 1044: Mr. ARMEY and Mr. BLUNT. By Mr. GARY MILLER of California: H. Con. Res. 193: Mr. DAVIS of Virginia, Mr. H.R. 1102: Mr. BASS. H.R. 3189. A bill to designate the United KOLBE, Mr. CHAMBLISS, Mr. RYAN of Wis- H.R. 1115: Mr. RANGEL and Mr. LINDER. States post office located at 14071 Peyton consin, Mr. HAYWORTH, Mr. RILEY, Mr. H.R. 1145: Mr. GREEN of Texas. Drive in Chino Hills, California, as the ‘‘Jo- POMBO, Mr. FRELINGHUYSEN, Mrs. MORELLA H.R. 1168: Mr. SHIMKUS. seph Ileto Post Office‘‘; to the Committee on Mr. MICA, Mr. SUNUNU, Mr. SOUDER, Mr. H.R. 1248: Mr. GUTIERREZ and Mr. HULSHOF. Government Reform. MCKEON, Mr. SERRANO, Mr. BARRETT of Wis- H.R. 1322: Mrs. MCCARTHY of New York. By Mr. PETERSON of Pennsylvania: consin, Mr. GONZALEZ, Mr. DIXON, Mr. FRANK H.R. 1441: Mr. WHITFIELD and Mr. KOLBE. H.R. 3190. A bill to establish the Oil Region of Massachusetts, Mrs. THURMAN, Mr. CON- H.R. 1485: Ms. KILPATRICK. National Heritage Area; to the Committee YERS, Mr. SHOWS, Mrs. MEEK of Florida, Ms. H.R. 1591: Ms. ROYBAL-ALLARD. on Resources. LEE, Mr. SAWYER, Mr. THOMPSON of Mis- H.R. 1611: Mr. LATHAM and Mr. PAUL. By Mr. SAXTON: sissippi, Mr. JACKSON of Illinois, Mr. KEN- H.R. 1750: Mr. FORBES. H.R. 3191. A bill to amend the Federal NEDY of Rhode Island, Ms. LOFGREN, Mr. H.R. 1795: Mr. BONIOR, Mr. RUSH, Mr. Water Pollution Control Act relating to ma- CUMMINGS, Mr. MENENDEZ, Mr. CLYBURN, Mr. KUCINICH, and Mr. COYNE. rine sanitation devices; to the Committee on BISHOP, Mr. PHELPS, Mrs. MINK of Hawaii, H.R. 1798: Mr. PRICE of North Carolina and Transportation and Infrastructure. Mr. CROWLEY, Ms. JACKSON-LEE of Texas, Ms. Mr. MARTINEZ. By Mr. WALSH (for himself, Mr. HALL SCHAKOWSKY, Mr. REYES, Mr. WATT of North H.R. 1837: Mrs. MALONEY of New York and of Ohio, Mrs. CLAYTON, Mrs. KELLY, Carolina, Mr. BROWN of Ohio, Mr. MCNULTY, Mr. CRAMER. Mr. DIAZ-BALART, and Ms. KAPTUR): Mr. FALEOMAVAEGA, Ms. EDDIE BERNICE H.R. 1871: Mr. FOLEY and Ms. MILLENDER- H.R. 3192. A bill to restore food stamp ben- JOHNSON of Texas, Mr. ORTIZ, Mr. COYNE, and MCDONALD. efits for aliens, to provide States with flexi- Mr. GREEN of Texas. H.R. 1885: Mr. OLVER and Ms. BALDWIN. bility in administering the food stamp vehi- H. Con. Res. 213: Mrs. ROUKEMA. H.R. 2053: Mr. CROWLEY. cle allowance, to index the excess shelter ex- H. Con. Res. 216: Ms. KAPTUR, Mr. LIPINSKI, H.R. 2059: Mr. WEINER. pense deduction to inflation, to authorize ad- Mr. ACKERMAN, Mr. NEAL of Massachusetts, H.R. 2066: Mr. JOHN, Mr. PHELPS, Mr. BURR ditional appropriations to purchase and Mr. BECERRA, Mr. KENNEDY of Rhode Island, of North Carolina, and Mrs. THURMAN. make available additional commodities Mr. BERMAN, Mr. SOUDER, Mr. KNOLLENBERG, H.R. 2129: Mr. WELDON of Florida, Mr. under the emergency food assistance pro- and Ms. DANNER. PACKARD, Mr. LIPINSKI, and Mr. BRYANT. gram, and for other purposes; to the Com- H. Res. 298: Mrs. MINK of Hawaii and Mr. H.R. 2162: Mr. ADERHOLT. mittee on Agriculture. PRICE of North Carolina. H.R. 2170: Mr. HINOJOSA and Mr. HASTINGS By Mr. SHAW (for himself, Mr. DIAZ- H. Res. 325: Ms. BERKLEY, Mr. SCHAFFER, of Florida. BALART, Mr. MILLER of Florida, Mr. Mr. VENTO, Mr. FRANK of Massachusetts, Mr. H.R. 2200: Mr. LANTOS and Mrs. MORELLA. FOLEY, Mr. GOSS, Ms. BROWN of Flor- WALSH, and Mr. WU. H.R. 2221: Mr. ISTOOK. ida, Mrs. THURMAN, Mrs. MEEK of f H.R. 2314: Mr. GORDON. Florida, Mr. DAVIS of Florida, Ms. H.R. 2341: Mr. MATSUI, Mrs. LOWEY, Mrs. ROS-LEHTINEN, Mr. DEUTSCH, Mr. PETITIONS, ETC. MEEK of Florida, and Ms. PRYCE of Ohio. MICA, Mr. HASTINGS of Florida, Mrs. Under clause 3 of rule XII, petitions H.R. 2386: Mr. MARTINEZ. FOWLER, and Mr. BILIRAKIS): H.R. 2391: Mr. WATTS of Oklahoma, Mr. and papers were laid on the clerk’s H. Con. Res. 217. Concurrent resolution ex- BOEHLERT, Mr. DICKEY, Mr. DEAL of Georgia, desk and referred as follows: pressing the sense of the Congress that Mr. WAMP, Mr. FROST, Mr. GORDON, Mr. 64. The SPEAKER presented a petition of Miami, Florida, and not a competing foreign BENTSEN, and Mr. HINOJOSA. the Marine Corps League, Inc, relative to a city, should serve as the permanent location H.R. 2405: Mrs. LOWEY. petition urging the President of the United for the Secretariat of the Free Trade Area of H.R. 2420: Mr. JEFFERSON. States of America to send legislation to the the Americas (FTAA) beginning in 2005; to H.R. 2439: Mr. GEORGE MILLER of Cali- United States Congress that will require all the Committee on Ways and Means. fornia. school districts throughout the United By Mr. TAYLOR of North Carolina (for H.R. 2470: Mr. LOBIONDO. States of America to provide a United States himself, Mr. JONES of North Carolina, H.R. 2558: Mr. ROGAN. Flag for display in each classroom, that at Mr. COBLE, Mrs. MYRICK, Mr. H.R. 2697: Mr. KENNEDY of Rhode Island, the beginning of each school day the Pledge BALLENGER, Mr. HAYES, Mr. Mr. HILLIARD, and Mr. RAHALL. of Allegiance is recited, and the National An- ETHERIDGE, Mrs. CLAYTON, Mr. MCIN- H.R. 2722: Mr. MCNULTY, Mr. DOOLEY of them be played at the conclusion of the TYRE, Mr. BURR of North Carolina, California, Mrs. NAPOLITANO, Mr. KENNEDY of Pledge of Allegiance; to the Committee on and Mr. PRICE of North Carolina): Rhode Island, Mr. ENGEL, and Mr. WAXMAN. Education and the Workforce. H. Res. 349. A resolution expressing the H.R. 2727: Mr. PETERSON of Minnesota and 65. Also, a petition of the Marine Corps sense of the House of Representatives that Ms. CARSON. League, Inc, relative to a resolution urging the President should immediately transmit H.R. 2790: Mrs. EMERSON. the Congress of the United States to inaugu- to Congress the President’s recommenda- H.R. 2819: Mrs. THURMAN. rate a National Day of Recognition to those tions for emergency response actions, includ- H.R. 2890: Ms. KILPATRICK and Mr. ENGEL. who served on active duty from 1945 to 1976, ing appropriate offsets, to provide relief and H.R. 2902: Mr. GEORGE MILLER of Cali- and continuous from 1976 to the present dur- assistance to the victims of Hurricane Floyd; fornia, Mr. WATT of North Carolina, Mr. ing the major conflicts on the continent of to the Committee on Transportation and In- MCGOVERN, and Mr. MARTINEZ. Asia, and that the day of October 23 be cho- frastructure. H.R. 2936: Mr. MANZULLO and Mr. MAR- sen to commence this Day of Recognition; to f TINEZ. the Committee on Government Reform. H.R. 2960: Mr. NETHERCUTT. 66. Also, a petition of the Marine Corps ADDITIONAL SPONSORS H.R. 2966: Mr. DEFAZIO, Ms. HOOLEY of Or- League, INC, relative to a petition urging Under clause 7 of rule XII, sponsors egon, Mr. HUTCHINSON, Ms. KILPATRICK, and the President and Congress to pledge their Mr. SCARBOROUGH. full support to the State Veterans Home Pro- were added to public bills and resolu- H.R. 2985: Mr. FOLEY and Mr. BOEHLERT. gram as it is the most cost-effective nursing tions as follows: H.R. 3031: Mr. HASTINGS of Florida, Ms. care-alternative available to VA; to the H.R. 116: Mr. MOLLOHAN, Mr. JACKSON of Il- MCKINNEY, Mr. MCNULTY, Mr. BROWN of Committee on Veterans’ Affairs. linois, and Ms. CARSON. Ohio, Mr. DELAHUNT, Mr. WAXMAN, Mr. WATT f H.R. 123: Mr. LEWIS of Kentucky. of North Carolina, Mr. STICKLAND, Mr. H.R. 125: Mr. CHRISTENSEN, Mrs. KELLY, COYNE, and Mr. FATTAH. AMENDMENTS and Mr. CROWLEY. H.R. 3099: Mr. BECERRA. Under clause 8 of rule XVIII, pro- H.R. 274: Mr. BURTON of Indiana, Mr. MAS- H.R. 3109: Mr. FROST. Mrs. LOWEY, Mr. posed amendments were submitted as CARA, and Mr. PICKERING. C UGH ONYERS TICKLAND M H , Mr. C , Mr. S , Mr. follows: H.R. 329: Mr. PICKETT. RANGEL, Mr. ETHERIDGE, Mr. PRICE of North H.R. 347: Mr. RILEY. Carolina, and Mr. RUSH. H.R. 2389 H.R. 460: Mr. HORN. H.R. 3144: Ms. EDDIE BERNICE JOHNSON of OFFERED BY MR. GOODLATTE H.R. 493: Mr. WHITFIELD and Mr. JONES of Texas, Mr. PETERSON of Minnesota, and Mr. AMENDMENT NO. 1: Strike out all after the North Carolina. BAIRD. enacting clause and insert the following:

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\L01NO7.100 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11197

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cation, road construction and maintenance, (b) PURPOSES.—The purposes of this Act (a) SHORT TITLE.—This Act may be cited as search and rescue, law enforcement, waste are— the ‘‘Secure Rural Schools and Community removal, and fire protection, that directly (1) to provide Federal funds to county gov- Self-Determination Act of 1999’’. benefit these Federal lands and people who ernments that are dependent on and sup- (b) TABLE OF CONTENTS.—The table of con- use these lands. portive of the Federal lands so as to assist tents of this Act is as follows: (5) To accord a measure of compensation to such counties in restoring funding for edu- Sec. 1. Short title; table of contents. the affected counties for their loss of future cation and other public services that the Sec. 2. Findings and purpose. revenues and for the critical services they counties must provide to county residents Sec. 3. Definitions. provide to both county residents and visitors and visitors; to these Federal lands, Congress determined TITLE I—SECURE PAYMENTS FOR (2) to provide these funds on a temporary that the Federal Government should share STATES AND COUNTIES CONTAINING basis in a form that is environmentally with these counties a portion of the revenues FEDERAL LANDS sound and consistent with applicable re- the United States receives from these Fed- source management plans; Sec. 101. Determination of full payment eral lands. (3) to facilitate the development, by the amount for eligible States and (6) Congress enacted in 1908 and subse- Federal Government and the counties which counties. quently amended a law that requires that 25 benefit from the shared revenues from the Sec. 102. Payments to States from Forest percent of the revenues derived from Na- Federal lands, of a new cooperative relation- Service lands for use by coun- tional Forest System lands be paid to States ship in Federal land management and the de- ties to benefit public education for use by the counties in which the lands velopment of local consensus in imple- and transportation. are situated for the benefit of public schools menting applicable plans for the Federal Sec. 103. Payments to counties from Bureau and roads. lands; of Land Management lands for (7) Congress enacted in 1937 and subse- (4) to identify and implement projects on use to benefit public safety, law quently amended a law that requires that 50 the Federal lands that enjoy broad-based enforcement, education, and percent of the revenues derived from the re- local support; and other public purposes. vested and reconveyed grant lands be paid to (5) to make additional investments in in- TITLE II—LOCALLY INITIATED the counties in which those lands are situ- frastructure maintenance and ecosystem res- PROJECTS ON FEDERAL LANDS ated to be used as are other county funds. toration on Federal lands. (8) For several decades during the dramatic Sec. 201. Definitions. SEC. 3. DEFINITIONS. growth of the American economy, counties Sec. 202. General limitation on use of dependent on and supportive of these Federal In this Act: project funds. lands received and relied on increasing (1) FEDERAL LANDS.—The term ‘‘Federal Sec. 203. Submission of project proposals by shares of these revenues to provide edu- lands’’ means— participating counties. cational opportunities for the children of (A) lands within the National Forest Sys- Sec. 204. Evaluation and approval of projects residents of these counties. tem, as defined in section 11(a) of the Forest by Secretary concerned. (9) In recent years, the principal source of and Rangeland Renewable Resources Plan- Sec. 205. Local advisory committees. these revenues, Federal timber sales, has ning Act of 1974 (16 U.S.C. 1609(a)); and Sec. 206. Use of project funds. been sharply curtailed and, as the volume of (B) the Oregon and California Railroad Sec. 207. Duration of availability of a coun- timber sold annually from most of the Fed- grant lands revested in the United States by ty’s project funds. eral lands has decreased precipitously, so too the Act of June 9, 1916 (Chapter 137; 39 Stat. Sec. 208. Treatment of funds generated by have the revenues shared with the affected 218), Coos Bay Wagon Road grant lands re- locally initiated projects. counties. conveyed to the United States by the Act of TITLE III—FOREST COUNTIES (10) This decline in shared revenues has se- February 26, 1919 (Chapter 47; 40 Stat. 1179), PAYMENTS COMMITTEE verely impacted or crippled educational and subsequent additions to such lands. Sec. 301. Definitions. funding in, and the quality of education pro- (2) ELIGIBILITY PERIOD.—The term ‘‘eligi- Sec. 302. National advisory committee to de- vided by, the affected counties. bility period’’ means fiscal year 1984 through velop long-term methods to (11) In the Omnibus Budget Reconciliation fiscal year 1999. meet statutory obligation of Act of 1993, Congress recognized this trend (3) ELIGIBLE COUNTY.—The term ‘‘eligible Federal lands to contribute to and ameliorated its adverse consequences by county’’ means a county or borough that republic education and other pub- providing an alternative annual safety net ceived 50-percent payments for one or more lic services. payment to 72 counties in Oregon, Wash- fiscal years of the eligibility period or a Sec. 303. Functions of Advisory Committee. ington, and northern California in which county or borough that received a portion of Sec. 304. Federal Advisory Committee Act Federal timber sales had been restricted or an eligible State’s 25-percent payments for requirements. prohibited by administrative and judicial de- one or more fiscal years of the eligibility pe- Sec. 305. Termination of Advisory Com- cisions to protect the northern spotted owl. riod. The term includes a county or borough mittee. (12) The authority for these particular established after the date of the enactment Sec. 306. Sense of Congress regarding Advi- safety net payments is expiring and no com- of this Act so long as the county or borough sory Committee recommenda- parable authority has been granted for alter- includes all or a portion of a county or bor- tions. native payments to counties elsewhere in the ough described in the preceding sentence. United States that have suffered similar (4) ELIGIBLE STATE.—The term ‘‘eligible TITLE IV—MISCELLANEOUS PROVISIONS losses in shared revenues from the Federal State’’ means a State that received 25-per- Sec. 401. Authorization of appropriations. lands and in the educational funding those cent payments for one or more fiscal years of Sec. 402. Treatment of funds and revenues. revenues provide. the eligibility period. Sec. 403. Conforming amendments. (13) Although alternative payments are not (5) FULL PAYMENT AMOUNT.—The term ‘‘full SEC. 2. FINDINGS AND PURPOSE. an adequate substitute for the revenues, payment amount’’ means the amount cal- (a) FINDINGS.—The Congress finds the fol- wages, purchasing of local goods and serv- culated for each eligible State and eligible lowing: ices, and social opportunities that are gen- county under section 101. (1) The National Forest System, which is erated when the Federal lands are managed (6) 25-PERCENT PAYMENTS.—The term ‘‘25- managed by the United States Forest Serv- in a manner that encourages revenue-pro- percent payments’’ means the payments to ice, was established in 1907 and has grown to ducing activities, such alternative payments States required by the 6th paragraph under include approximately 192,000,000 acres of are critically needed now to stabilize edu- the heading of ‘‘FOREST SERVICE’’ in the Federal lands. cational funding in the affected counties. Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. (2) The public domain lands known as re- (14) Changes in Federal Land management, 500), and section 13 of the Act of March 1, vested Oregon and California Railroad grant in addition to having curtailed timber sales, 1911 (36 Stat. 963; 16 U.S.C. 500). lands and the reconveyed Coos Bay Wagon have altered the historic, cooperative rela- (7) 50-PERCENT PAYMENTS.—The term ‘‘50- Road grant lands, which are managed pre- tionship between counties and the Forest percent payments’’ means the payments that dominantly by the Bureau of Land Manage- Service and the Bureau of Land Manage- are the sum of the 50-percent share otherwise ment were returned to Federal ownership in ment. paid to a county pursuant to title II of the 1916 and 1919 and now comprise approxi- (15) Both the Forest Service and the Bu- Act of August 28, 1937 (Chapter 876; 50 Stat. mately 2,600,000 acres of Federal lands. reau of Land Management face significant 875; 43 U.S.C. 1181f), and the payment made (3) Congress recognized that, by its deci- backlogs in infrastructure maintenance and to a county pursuant to the Act of May 24, sion to secure these lands in Federal owner- ecosystem restoration that are not likely to 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– ship, the counties in which these lands are be addressed through annual appropriations. 1 et seq.). situated would be deprived of revenues they (16) New relationships between the coun- (8) SAFETY NET PAYMENTS.—The term would otherwise receive if the lands were ties in which these Federal lands are located ‘‘safety net payments’’ means the payments held in private ownership. and the managers of these Federal lands to States and counties required by sections (4) Even without such revenues, these same need to be formed to benefit both the natural 13982 or 13983 of the Omnibus Budget Rec- counties have expended public funds year resources and rural communities of the onciliation Act of 1993 (Public Law 103–66; 16 after year to provide services, such as edu- United States as the 21st century begins. U.S.C. 500 note; 43 U.S.C. 1181f note).

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 H11198 CONGRESSIONAL RECORD — HOUSE November 1, 1999 TITLE I—SECURE PAYMENTS FOR STATES pended by the eligible county in accordance land use plan prepared by the Bureau of AND COUNTIES CONTAINING FEDERAL with title II. Land Management for units of the Federal LANDS (2) COUNTIES WITH MINOR DISTRIBUTIONS.—In Lands described in section 3(1)(B) pursuant SEC. 101. DETERMINATION OF FULL PAYMENT the case of each eligible county to which less to section 202 of the Federal Land Policy and AMOUNT FOR ELIGIBLE STATES AND than $100,000 is distributed for fiscal year Management Act of 1976 (43 U.S.C. 1712) and COUNTIES. 2000 pursuant to subsection (c), the eligible land and resource management plans pre- (a) CALCULATION REQUIRED.— county shall make an election whether or pared by the Forest Service for units of the (1) ELIGIBLE STATES.—The Secretary of the not to be subject to the requirements of National Forest System pursuant to section Treasury shall calculate for each eligible paragraph (1) for that fiscal year and all sub- 6 of the Forest and Rangeland Renewable Re- State an amount equal to the average of the sequent fiscal years for which payments are sources Planning Act of 1974 (16 U.S.C. 1604). three highest 25-percent payments and safety made under subsection (a). The county shall (5) SECRETARY CONCERNED.—The term ‘‘Sec- net payments made to that eligible State for notify the Secretary of Agriculture of its retary concerned’’ means the Secretary of fiscal years of the eligibility period. election under this subsection not later than the Interior with respect to the Federal (2) BLM COUNTIES.—The Secretary of the 60 days after the county receives its distribu- Lands described in section 3(1)(B) and the Treasury shall calculate for each eligible tion for fiscal year 2000. Secretary of Agriculture with respect to the county that received a 50-percent payment SEC. 103. PAYMENTS TO COUNTIES FROM BU- Federal Lands described in section 3(1)(A). during the eligibility period an amount REAU OF LAND MANAGEMENT (6) SPECIAL ACCOUNT.—The term ‘‘special equal to the average of the three highest 50- LANDS FOR USE TO BENEFIT PUBLIC account’’ means an account in the Treasury percent payments and safety net payments SAFETY, LAW ENFORCEMENT, EDU- established under section 208(c) for each re- made to that eligible county for fiscal years CATION, AND OTHER PUBLIC PUR- gion of the Forest Service, and for the Bu- POSES. of the eligibility period. reau of Land Management. (b) ANNUAL ADJUSTMENT.—For each fiscal (a) REQUIREMENT FOR PAYMENTS TO ELIGI- year in which payments are required to be BLE COUNTIES.—The Secretary of the Treas- SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS. made to eligible States and eligible counties ury shall make to each eligible county that under this title, the Secretary of the Treas- received a 50-percent payment during the eli- Project funds shall be expended solely on ury shall adjust the full payment amount in gibility period a payment in accordance with projects that meet the requirements of this effect for the previous fiscal year for each el- subsection (b) for each of fiscal years 2000 title and are conducted on the Federal lands. igible State and eligible county to reflect through 2006. The payment for a fiscal year SEC. 203. SUBMISSION OF PROJECT PROPOSALS changes in the consumer price index for shall be made as soon as practicable after BY PARTICIPATING COUNTIES. rural areas (as published in the Bureau of the end of that fiscal year. (a) SUBMISSION OF PROJECT PROPOSALS TO Labor Statistics) that occur after publica- (b) PAYMENT AMOUNTS.—The payment to SECRETARY CONCERNED.— tion of that index for fiscal year 1999. an eligible county under subsection (a) for a (1) PROJECTS FUNDED USING PROJECT SEC. 102. PAYMENTS TO STATES FROM FOREST fiscal year shall consist of the following: FUNDS.—Not later than September 30, 2001, SERVICE LANDS FOR USE BY COUN- (1) The 50-percent payments and safety net and each September 30 thereafter through TIES TO BENEFIT PUBLIC EDU- payments under section 13983 of the Omnibus 2009, each participating county shall submit CATION AND TRANSPORTATION. Budget Reconciliation Act of 1993 (Public to the Secretary concerned a description of (a) REQUIREMENT FOR PAYMENTS TO ELIGI- Law 103–66; 43 U.S.C. 1181f note) applicable to any projects that the county proposes the BLE STATES.—The Secretary of the Treasury that county for that fiscal year. Secretary undertake using any project funds shall make to each eligible State a payment (2) If the amount under paragraph (1) is reserved by the county during the three-fis- in accordance with subsection (b) for each of less than the full payment amount in effect cal year period consisting of the fiscal year fiscal years 2000 through 2006. The payment for that county for that fiscal year, such ad- in which the submission is made and the pre- for a fiscal year shall be made as soon as ditional funds as may be appropriated to pro- ceding two fiscal years. A participating practicable after the end of that fiscal year. vide a total payment not to exceed the full county does not have to submit all of its (b) PAYMENT AMOUNTS.—The payment to payment amount. project proposals for a year at the same an eligible State under subsection (a) for a (c) EXPENDITURE OF PAYMENTS.—Subject to fiscal year shall consist of the following: time. subsection (d), payments received by eligible (2) PROJECTS FUNDED USING SPECIAL AC- (1) The 25-percent payments and safety net counties under subsection (a) shall be ex- payments under section 13982 of the Omnibus COUNTS.—Until September 30, 2007, a partici- pended in the same manner in which 50-per- pating county may also submit to the Sec- Budget Reconciliation Act of 1993 (Public cent payments are required to be expended. Law 103–66; 16 U.S.C. 500 note) applicable to retary concerned a description of any (d) EXPENDITURE RULES FOR ELIGIBLE projects that the county proposes the Sec- that State for that fiscal year. COUNTIES.—In the case of an eligible county (2) If the amount under paragraph (1) is retary undertake using amounts in a special to which a payment is made in a fiscal year account in lieu of or in addition to the coun- less than the full payment amount in effect pursuant to subsection (a)— for that State for that fiscal year, such addi- ty’s project funds. (1) 80 percent of the payment to the eligi- (3) JOINT PROJECTS.—Participating coun- tional funds as may be appropriated to pro- ble county shall be expended in the same vide a total payment not to exceed the full ties may pool their project funds and jointly manner in which the 25-percent payments propose a project or group of projects to the payment amount. are required to be expended; and (c) DISTRIBUTION AND EXPENDITURE OF PAY- Secretary concerned under paragraph (1). (2) 20 percent of the payment to the eligi- MENTS.— Participating counties may also jointly pro- ble county shall be reserved and expended by (1) DISTRIBUTION METHOD.—An eligible pose a project or group of projects to the the eligible county in accordance with title State that receives a payment under sub- Secretary concerned under paragraph (2). II. section (a) shall distribute the payment (b) REQUIRED DESCRIPTION OF PROJECTS.— among all eligible counties in the State, TITLE II—LOCALLY INITIATED PROJECTS In submitting proposed projects to the Sec- with each eligible county receiving the same ON FEDERAL LANDS retary concerned under subsection (a), a par- percentage of that payment as the percent- SEC. 201. DEFINITIONS. ticipating county shall include in the de- age of the State’s total 25-percent payments In this title: scription of each proposed project the fol- and safety net payments under section 13982 (1) PARTICIPATING COUNTY.—The term ‘‘par- lowing information: of the Omnibus Budget Reconciliation Act of ticipating county’’ means an eligible county (1) The purpose of the project. 1993 (Public Law 103–66; 16 U.S.C. 500 note) that— (2) An estimation of the amount of any that were distributed to that county for fis- (A) receives Federal funds pursuant to sec- timber, forage, and other commodities an- cal years of the eligibility period. tion 102 or 103; and ticipated to be harvested or generated as (2) EXPENDITURE PURPOSES.—Subject to (B) is required to expend a portion of those part of the project. subsection (d), payments received by eligible funds in the manner provided in section (3) The anticipated duration of the project. States under subsection (a) and distributed 102(d)(1)(B) or 103(d)(2) or elects under sec- (4) The anticipated cost of the project. to eligible counties shall be expended in the tion 102(d)(2) to expend a portion of those (5) The proposed source of funding for the same manner in which 25-percent payments funds in accordance with section 102(d)(1)(B). project, whether project funds, funds from are required to be expended. (2) PROJECT FUNDS.—The term ‘‘project the appropriate special account, or both. (d) EXPENDITURE RULES FOR ELIGIBLE funds’’ means all funds reserved by an eligi- (6) The anticipated revenue, if any, to be COUNTIES.— ble county under section 102(d)(1)(B) or generated by the project. (1) GENERAL RULE.—In the case of an eligi- 103(d)(2) for expenditure in accordance with (c) ROLE OF LOCAL ADVISORY COMMITTEE.— ble county to which $100,000 or more is dis- this title and all funds that an eligible coun- A participating county may propose a tributed in a fiscal year pursuant to sub- ty elects under section 102(d)(2) to reserve project to the Secretary concerned under section (c)— under section 102(d)(1)(B). subsection (a) only if the project has been re- (A) 80 percent of the funds distributed to (3) LOCAL ADVISORY COMMITTEE.—The term viewed and approved by the relevant local the eligible county shall be expended in the ‘‘local advisory committee’’ means an advi- advisory committee in accordance with the same manner in which the 25-percent pay- sory committee established by the Secretary requirements of section 205, including the ments are required to be expended; and concerned under section 205. procedures issued under subsection (d) of (B) 20 percent of the funds distributed to (4) RESOURCE MANAGEMENT PLAN.—The such section. the eligible county shall be reserved and ex- term ‘‘resource management plan’’ means a (d) AUTHORIZED PROJECTS.—

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11199

(1) IN GENERAL.—Projects proposed under connection with a proposed project, the par- (E) The commitment of the contractor to subsection (a) shall consist of any type of ticipating county shall withdraw the submis- hiring highly qualified workers and local project or activity that the Secretary con- sion of the project from further consider- residents. cerned may otherwise carry out on the Fed- ation by the Secretary concerned. Such a (g) TIME FOR COMMENCEMENT.— eral lands. withdrawal shall be deemed to be a rejection (1) PROJECTS FUNDED USING PROJECT (2) SEARCH, RESCUE, AND EMERGENCY SERV- of the project for purposes of section 207(d). FUNDS.—If an approved project is to be fund- ICES.—Notwithstanding paragraph (1), a par- (c) TIME PERIODS FOR CONSIDERATION OF ed in whole or in part using project funds to ticipating county may submit as a proposed PROJECTS.— be provided by a participating county or project under subsection (a) a proposal that (1) PROJECTS REQUIRING ENVIRONMENTAL RE- counties, the Secretary concerned shall com- the county receive reimbursement for search VIEW.—If the Secretary concerned deter- mence the project as soon as practicable and rescue and other emergency services per- mines that an environmental review or con- after the receipt of the project funds pursu- formed on Federal lands and paid for by the sultation is required for a proposed project ant to section 206 from the county. county. The source of funding for an ap- pursuant to subsection (b), the Secretary (2) PROJECTS FUNDED USING SPECIAL AC- proved project of this type may only be the concerned shall make a decision under sub- COUNTS.—If an approved project is to be fund- special account for the region in which the section (a) to approve or reject the project, ed using amounts from a special account in county is located or, in the case of a county to the extent practicable, within 30 days lieu of any project funds, the Secretary con- that receives 50-percent payments, the spe- after the completion of the last of the re- cerned shall commence the project as soon as cial account for the Bureau of Land Manage- quired environmental reviews and consulta- practicable after the approval decision is ment. tions. made. (3) COMMUNITY SERVICE WORK CAMPS.—Not- (2) OTHER PROJECTS.—If the Secretary con- SEC. 205. LOCAL ADVISORY COMMITTEES. withstanding paragraph (1), a participating cerned determines that an environmental re- (a) ESTABLISHMENT AND PURPOSE OF LOCAL county may submit as a proposed project view or consultation is not required for a ADVISORY COMMITTEES.— under subsection (a) a proposal that the proposed project, the Secretary shall make a (1) ESTABLISHMENT.—Except as provided in county receive reimbursement for all or part decision under subsection (a) to approve or paragraph (2), the Secretary concerned shall of the costs incurred by the county to pay reject the project, to the extent practicable, establish and maintain, for each unit of Fed- the salaries and benefits of county employ- within 60 days after the date of that deter- eral lands, a local advisory committee to re- ees who supervise adults or juveniles per- mination. view projects proposed by participating forming mandatory community service on (d) DECISIONS OF SECRETARY CONCERNED.— counties and to recommend projects to par- Federal lands. (1) REJECTION OF PROJECTS.—A decision by ticipating counties. SEC. 204. EVALUATION AND APPROVAL OF the Secretary concerned to reject a proposed (2) COMBINATION OR DIVISION OF UNITS.—The PROJECTS BY SECRETARY CON- project shall be at the Secretary’s sole dis- Secretary concerned may, at the Secretary’s CERNED. cretion. Within 30 days after making the re- sole discretion, combine or divide units of (a) CONDITIONS FOR APPROVAL OF PROPOSED jection decision, the Secretary concerned Federal lands for the purpose of establishing PROJECT.—The Secretary concerned may shall notify in writing the participating local advisory committees. make a decision to approve a project sub- county that submitted the proposed project (b) APPOINTMENT BY THE SECRETARY.— mitted by a participating county under sec- of the rejection and the reasons therefor. (1) APPOINTMENT AND TERM.—The Secretary tion 203 only if the proposed project satisfies (2) NOTICE OF PROJECT APPROVAL.—The Sec- concerned shall appoint the members of local each of the following conditions: retary concerned shall publish in the Federal advisory committees for a term of 2 years be- (1) The project complies with all Federal Register notice of each project approved ginning on the date of appointment. The Sec- laws and all Federal rules, regulations, and under subsection (a) if such notice would be retary concerned may reappoint members to policies. required had the project originated with the subsequent 2-year terms. (2) The project is consistent with the appli- Secretary. (2) BASIC REQUIREMENTS.—The Secretary cable resource management plan and with (3) PROJECT APPROVAL AS FINAL AGENCY AC- concerned shall ensure that each local advi- any watershed or subsequent plan developed TION.—A decision by the Secretary concerned sory committee established by the Secretary pursuant to the resource management plan to approve a project under subsection (a) meets the requirements of subsection (c). and approved by the Secretary concerned. shall be considered a final agency action (3) INITIAL APPOINTMENT.—The Secretary (3) The project has been approved by the under the Administrative Procedures Act. concerned shall make initial appointments relevant local advisory committee in accord- (e) SOURCE AND CONDUCT OF PROJECT.—For to the local advisory committees not later ance with section 205, including the proce- purposes of Federal law, a project approved than 120 days after the date of enactment of dures issued under subsection (d) of such sec- by the Secretary concerned under this sec- this Act. tion. tion shall be considered to have originated (4) VACANCIES.—The Secretary concerned (4) The project has been described by the with the Secretary. shall make appointments to fill vacancies on participating county in accordance with sec- (f) IMPLEMENTATION OF APPROVED any local advisory committee as soon as tion 203(b). PROJECTS.— practicable after the vacancy has occurred. (b) ENVIRONMENTAL REVIEWS.— (1) RESPONSIBILITY OF SECRETARY.—The (5) COMPENSATION.—Members of the local (1) REVIEW REQUIRED.—Before making a de- Secretary concerned shall be responsible for advisory committees shall not receive any cision to approve a proposed project under carrying out projects approved by the Sec- compensation. subsection (a), the Secretary concerned shall retary under this section. The Secretary con- (c) COMPOSITION OF ADVISORY COMMITTEE.— complete any environmental review required cerned shall carry out the projects in compli- (1) NUMBER.—Each local advisory com- by the National Environmental Policy Act of ance with all Federal laws and all Federal mittee shall be comprised of 15 members. 1969 (42 U.S.C. 321 et seq.) in connection with rules, regulations, and policies and in the (2) COMMUNITY INTERESTS REPRESENTED.— the project and any consultation and biologi- same manner as projects of the same kind Each local advisory committee shall have at cal assessment required by the Endangered that originate with the Secretary. least one member representing each of the Species Act of 1973 (16 U.S.C. 1531 et seq.) in (2) COOPERATION.—The Secretary concerned following: connection with the project. may enter into contracts and cooperative (A) Local resource users. (2) TREATMENT OF REVIEW.—Decisions of agreements with States and local govern- (B) Environmental interests. the Secretary concerned related to an envi- ments, private and nonprofit entities, and (C) Forest workers. ronmental review or consultation conducted landowners and other persons to assist the (D) Organized labor representatives. under paragraph (1) shall not be subject to Secretary in carrying out an approved (E) Elected county officials. administrative appeal or judicial review un- project. (F) School officials or teachers. less and until the Secretary approves the (3) BEST VALUE STEWARDSHIP CON- (3) GEOGRAPHIC DISTRIBUTION.—To the ex- project under subsection (a) for which the re- TRACTING.—To enter into a contract author- tent practicable, the members of a local ad- view or consultation was conducted. ized by paragraph (2), the Secretary con- visory committee shall be drawn from (3) PAYMENT OF REVIEW COSTS.— cerned may use a contracting method that throughout the area covered by the com- (A) REQUEST FOR PAYMENT BY COUNTY.—The secures, for the best price, the best quality mittee. Secretary concerned may request the par- service, as determined by the Secretary (4) CHAIRPERSON.—A majority on each local ticipating county or counties submitting a based upon the following: advisory committee shall select the chair- proposed project to use project funds to pay (A) The technical demands and complexity person of the committee. for any environmental review or consulta- of the work to be done. (d) APPROVAL PROCEDURES.— tion required under paragraph (1) in connec- (B) The ecological sensitivity of the re- (1) ISSUANCE.—Not later than 90 days after tion with the project. When such a payment sources being treated. the date of the enactment of this Act, the is requested, the Secretary concerned shall (C) The past experience by the contractor Secretaries concerned shall jointly issue the not begin the environmental review or con- with the type of work being done, using the approval procedures that each local advisory sultation until and unless the payment is re- type of equipment proposed for the project, committee must use in order to ensure that ceived. and meeting or exceeding desired ecological a local advisory committee only approves (B) EFFECT OF REFUSAL TO PAY.—If a par- conditions. projects that are broadly supported by the ticipating county refuses to make the re- (D) The use by the contractor of low value committee. The Secretaries shall publish the quested payment under subparagraph (A) in species and byproducts. procedures in the Federal Register.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 H11200 CONGRESSIONAL RECORD — HOUSE November 1, 1999

(2) TREATMENT OF PROCEDURES.—The funds, the participating county or counties SEC. 208. TREATMENT OF FUNDS GENERATED BY issuance and content of the procedures shall transfer to the Secretary concerned the LOCALLY INITIATED PROJECTS. issued under paragraph (1) shall not be sub- amount of project funds required to continue (a) PAYMENT TO SECRETARY.—Any and all ject to administrative appeal or judicial re- the project in that fiscal year according to revenues generated from a project carried view. Nothing in this paragraph shall affect the agreement entered into under subsection out in whole or in part using project funds or the responsibility of local advisory commit- (a). The Secretary concerned shall suspend funds from a special account shall be paid to tees to comply with the procedures. work on the project if the county fails to the Secretary concerned. (e) OTHER COMMITTEE AUTHORITIES AND RE- transfer the required amounts as required by (b) DEPOSIT.—Notwithstanding any other QUIREMENTS.— the agreement. provision of law, the Secretary concerned (1) STAFF ASSISTANCE.—A local advisory (4) SPECIAL RULE FOR WORK CAMP shall deposit the revenues described in subcommittee may submit to the Secretary con- PROJECTS.—In the case of a project described section (a) as follows: cerned a request for staff assistance from in section 203(d)(3) and approved under sec- (1) Through fiscal year 2006, the revenues Federal employees under the jurisdiction of tion 204, the agreement required by sub- shall be deposited in the appropriate special the Secretary. section (a) shall specify the manner in which account as provided in subsection (c). (2) MEETINGS.—All meetings of a local ad- a participating county that is a party to the (2) After fiscal year 2006, the revenues shall visory committee shall be announced at agreement may retain project funds to cover be deposited in the general fund of the Treas- least one week in advance in a local news- the costs of the project. ury. (c) AVAILABILITY OF TRANSFERRED FUNDS.— paper of record and shall be open to the pub- (c) REGIONAL AND BLM SPECIAL AC- Project funds transferred to the Secretary lic. COUNTS.— concerned under this section shall remain (3) RECORDS.—A local advisory committee (1) ESTABLISHMENT.—There is established shall maintain records of the meetings of the available until the project is completed. in the Treasury an account for each region of committee and make the records available SEC. 207. DURATION OF AVAILABILITY OF A the Forest Service and an account for the for public inspection. COUNTY’S PROJECT FUNDS. Bureau of Land Management. The accounts (a) SUBMISSION OF PROPOSED PROJECTS TO (f) FEDERAL ADVISORY COMMITTEE ACT EX- shall consist of the following: OBLIGATE FUNDS.—By the end of each of the EMPTION.—The local advisory committees (A) Revenues described in subsection (a) fiscal years 2003 through 2009, a participating shall be exempt from the provisions of the and deposited pursuant to subsection (b)(1). county shall submit to the Secretary con- Federal Advisory Committee Act (5 U.S.C. (B) Project funds deposited pursuant to cerned pursuant to section 203(a)(1) a suffi- App.). section 207(c)(1). cient number of project proposals that, if ap- SEC. 206. USE OF PROJECT FUNDS. proved, would result in the obligation of at (C) Interest earned on amounts in the spe- (a) AGREEMENT REGARDING SCHEDULE AND least the full amount of the project funds the cial accounts. COST OF PROJECT.— county received under title I in the second (2) REQUIRED DEPOSIT IN FOREST SERVICE AC- (1) AGREEMENT BETWEEN PARTIES.—As soon preceding fiscal year. COUNTS.—If the revenue-generating project as practicable after the approval of a project (b) TRANSFER OF UNOBLIGATED FUNDS.—If a was carried out in whole or in part using by the Secretary concerned under section participating county fails to comply with project funds that were reserved pursuant to 204, the Secretary concerned and the chief subsection (a) for a fiscal year, any project section 102(d)(1)(B), the revenues shall be de- administrative official of the participating funds that the county received in the second posited in the account established under county (or one such official representing a preceding fiscal year and remaining unobli- paragraph (1) for the Forest Service region in group of participating counties) shall enter gated shall be returned to the Secretary of which the project was conducted. into an agreement addressing, at a min- the Treasury for disposition as provided in (3) REQUIRED DEPOSIT IN BLM ACCOUNT.—If imum, the following with respect to the subsection (c). the revenue-generating project was carried project: (c) DISPOSITION OF RETURNED FUNDS.— out in whole or in part using project funds (A) The schedule for completing the (1) DEPOSIT IN SPECIAL ACCOUNTS.—In the that were reserved pursuant to section project. case of project funds returned under sub- 103(d)(2), the revenues shall be deposited in (B) The total cost of the project, including section (b) in fiscal year 2004, 2005, or 2006, the account established under paragraph (1) the level of agency overhead to be assessed the Secretary of the Treasury shall deposit for the Bureau of Land Management. against the project. the funds in the appropriate special account. (4) PROJECTS CONDUCTED USING SPECIAL AC- (C) For a multi-year project, the estimated (2) DEPOSIT IN GENERAL FUND.—After fiscal COUNT FUNDS.—If the revenue-generating cost of the project for each of the fiscal years year 2006, the Secretary of the Treasury shall project was carried out using amounts from in which it will be carried out. deposit returned project funds in the general a special account in lieu of any project (D) The remedies for the participating fund of the Treasury. funds, the revenues shall be deposited in the county or counties for the failure of the Sec- (d) EFFECT OF REJECTION OF PROJECTS.— special account from which the amounts retary concerned to comply with the terms Notwithstanding subsection (b), any project were derived. of the agreement. funds of a participating county that are un- (d) USE OF ACCOUNTS TO CONDUCT (2) LIMITED USE OF FEDERAL FUNDS.—The obligated at the end of a fiscal year because PROJECTS.— Secretary concerned may decide, at the Sec- the Secretary concerned has rejected one or (1) AUTHORITY TO USE ACCOUNTS.—The Sec- retary’s sole discretion, to cover the costs of more proposed projects shall be available for retary concerned may use amounts in the a portion of an approved project using Fed- the county to expend in the same manner as special accounts, without appropriation, to eral funds appropriated or otherwise avail- the funds reserved by the county under sec- fund projects submitted by participating able to the Secretary for the same purposes tion 102(d)(1)(A) or 103(d)(1), whichever ap- counties under section 203(a)(2) that have as the project. plies to the funds involved. The project funds been approved by the Secretary concerned (b) TRANSFER OF PROJECT FUNDS.— covered by this subsection shall remain under section 204. (1) INITIAL TRANSFER REQUIRED.—As soon as available until expended. (2) SOURCE OF FUNDS; PROJECT LOCATIONS.— practicable after the agreement is reached (e) EFFECT OF COURT ORDERS.— Funds in a special account established under under subsection (a) with regard to a project (1) PROJECTS FUNDED USING PROJECT subsection (c)(1) for a region of the Forest to be funded in whole or in part using project FUNDS.—If an approved project is enjoined or Service region may be expended only for funds, the participating county or counties prohibited by a Federal court after funds for projects approved under section 204 to be that are parties to the agreement shall the project are transferred to the Secretary conducted in that region. Funds in the spe- transfer to the Secretary concerned an concerned under section 206, the Secretary cial account established under subsection amount of project funds equal to— concerned shall return any unobligated (c)(1) for the Bureau of Land Management (A) in the case of a project to be completed project funds related to that project to the may be expended only for projects approved in a single fiscal year, the total amount participating county or counties that trans- under section 204 to be conducted on Federal specified in the agreement to be paid by the ferred the funds. The returned funds shall be lands described in section 3(1)(B). county or counties; or available for the county to expend in the (3) DURATION OF AUTHORITY.—No funds may (B) in the case of a multi-year project, the same manner as the funds reserved by the be obligated under this subsection after Sep- amount specified in the agreement to be paid county under section 102(d)(1)(A) or 103(d)(1), tember 30, 2007. Unobligated amounts in the by the county or counties for the first fiscal whichever applies to the funds involved. The special accounts after that date shall be year. funds shall remain available until expended promptly transferred to the general fund of (2) CONDITION ON PROJECT COMMENCEMENT.— and shall be exempt from the requirements the Treasury. The Secretary concerned shall not com- of subsection (b). TITLE III—FOREST COUNTIES PAYMENTS mence a project pursuant to section 204(g)(1) (2) PROJECTS FUNDED USING SPECIAL AC- COMMITTEE until the project funds required to be trans- COUNTS.—If an approved project is enjoined ferred under paragraph (1) for the project or prohibited by a Federal court after funds SEC. 301. DEFINITIONS. have been received by the Secretary. from a special account have been reserved In this title: (3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR for the project under section 208, the Sec- (1) ADVISORY COMMITTEE.—The term ‘‘Advi- PROJECTS.—For the second and subsequent retary concerned shall treat the funds in the sory Committee’’ means the Forest Counties fiscal years of a multi-year project to be same manner as revenues described in sec- Payments Committee established by section funded in whole or in part using project tion 208(a). 302.

VerDate 29-OCT-99 01:50 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 November 1, 1999 CONGRESSIONAL RECORD — HOUSE H11201

(2) HOUSE COMMITTEES OF JURISDICTION.— among the members appointed pursuant to legislative initiatives (or both) regarding al- The term ‘‘House committees of jurisdic- paragraphs (4) and (5) of subsection (b). ternatives for, or substitutes to, the short- tion’’ means the Committee on Agriculture, (2) VACANCIES.—Any vacancy in the mem- term payments required by title I in order to the Committee on Resources, and the Com- bership of the Advisory Committee shall be provide a long-term method to generate an- mittee on Appropriations of the House of filled in the same manner as required by sub- nual payments to eligible States and eligible Representatives. section (b). A vacancy shall not impair the counties at or above the full payment (3) SENATE COMMITTEES OF JURISDICTION.— authority of the remaining members to per- amount. The term ‘‘Senate committees of jurisdic- form the functions of the Advisory Com- (2) REPORTING REQUIREMENTS.—Not later tion’’ means the Committee on Agriculture, mittee under section 303. than 18 months after the date of the enact- Nutrition, and Forestry, the Committee on (3) COMPENSATION.—The members of the ment of this Act, the Advisory Committee Energy and Natural Resources, and the Com- Advisory Committee who are not officers or shall submit to the Senate committees of ju- mittee on Appropriations of the Senate. employees of the United States, while at- risdiction and the House committees of juris- (4) SUSTAINABLE FORESTRY.—The term tending meetings or other events held by the diction a final report containing the rec- ‘‘sustainable forestry’’ means principles of Advisory Committee or at which the mem- ommendations developed under this sub- sustainable forest management that equally bers serve as representatives of the Advisory section. The Advisory Committee shall sub- consider ecological, economic, and social fac- Committee or while otherwise serving at the mit semiannual progress reports on its ac- tors in the management of Federal lands. request of the Chairperson, shall each be en- tivities and expenditures to the Senate com- titled to receive compensation at a rate not SEC. 302. NATIONAL ADVISORY COMMITTEE TO mittees of jurisdiction and the House com- DEVELOP LONG-TERM METHODS TO in excess of the maximum rate of pay for mittees of jurisdiction until the final report MEET STATUTORY OBLIGATION OF grade GS–18, as provided in the General has been submitted. FEDERAL LANDS TO CONTRIBUTE Schedule under section 5532 of title 5, United (b) GUIDANCE FOR COMMITTEE.—In devel- TO PUBLIC EDUCATION AND OTHER States Code, including traveltime, and while oping the recommendations required by sub- PUBLIC SERVICES. away from their homes or regular places of section (a), the Advisory Committee shall— (a) ESTABLISHMENT OF FOREST COUNTIES business shall each be reimbursed for travel (1) evaluate the method by which pay- PAYMENTS COMMITTEE.—There is hereby es- expenses, including per diem in lieu of sub- ments are made to eligible States and eligi- tablished an advisory committee, to be sistence as authorized by section 5703 of title ble counties under title I and the use of such known as the Forest Counties Payments 5, United States Code, for persons in Govern- payments; Committee, to develop recommendations, ment service employed intermittently. (2) evaluate the effectiveness of the local consistent with sustainable forestry, regard- (e) STAFF AND RULES.— advisory committees established pursuant to ing methods to ensure that States and coun- (1) EXECUTIVE DIRECTOR.—The Advisory Committee shall have an Executive Director, section 205; and ties in which Federal lands are situated re- (3) consider the impact on eligible States ceive adequate Federal payments to be used who shall be appointed (without regard to the provisions of title 5, United States Code, and eligible counties of revenues derived for the benefit of public education and other from the historic multiple use of the Federal public purposes. governing appointments in the competitive service) by the Advisory Committee and lands. (b) MEMBERS.—The Advisory Committee serve at the pleasure of the Advisory Com- (c) MONITORING AND RELATED REPORTING shall be composed of the following members: mittee. The Executive Director shall report ACTIVITIES.—The Advisory Committee shall (1) The Chief of the Forest Service, or a to the Advisory Committee and assume such designee of the Chief who has significant ex- monitor the payments made to eligible duties as the Advisory Committee may as- pertise in sustainable forestry. States and eligible counties pursuant to title sign. The Executive Director shall be paid at (2) The Director of the Bureau of Land I and submit to the Senate committees of ju- a rate of pay for grade GS–18, as provided in Management, or a designee of the Director risdiction and the House committees of juris- the General Schedule under 5332 of title 5, who has significant expertise in sustainable diction an annual report describing the United States Code. forestry amounts and sources of such payments and (2) OTHER STAFF.—In addition to authority (3) The Director of the Office of Manage- containing such comments as the Advisory to appoint personnel subject to the provi- ment and Budget, or the Director’s designee. Committee may have regarding such pay- sions of title 5, United States Code, gov- ments. (4) Two members who are elected members erning appointments to the competitive of the governing branches of eligible coun- service, and to pay such personnel in accord- (d) TESTIMONY.—The Advisory Committee ties; one such member to be appointed by the ance with the provisions of chapter 51 and shall make itself available for testimony or President pro tempore of the Senate (in con- subchapter III of chapter 53 of such title re- comments on the reports required to be sub- sultation with the chairmen and ranking lating to classification and General Schedule mitted by the Advisory Committee and on members of the Senate committees of juris- pay rates, the Advisory Committee shall any legislation or regulations to implement diction) and one such member to be ap- have authority to enter into contracts with any recommendations made in such reports pointed by the Speaker of the House of Rep- private or public organizations which may in any congressional hearings or any rule- resentatives (in consultation with the chair- furnish the Advisory Committee with such making or other administrative decision men and ranking members of the House com- administrative and technical personnel as process. mittees of jurisdiction) within 60 days of the may be necessary to carry out the functions date of enactment of this Act. SEC. 304. FEDERAL ADVISORY COMMITTEE ACT of the Advisory Committee under section 303. REQUIREMENTS. (5) Two members who are elected members To the extent practicable, such administra- of school boards for, superintendents from, tive and technical personnel, and other nec- Except as may be provided in this title, the or teachers employed by, school districts in essary support services, shall be provided for provisions of the Federal Advisory Com- eligible counties; one such member to be ap- the Advisory Committee by the Chief of the mittee Act (5 U.S.C. App.) shall not apply to pointed by the President pro tempore of the Forest Service and the Director of the Bu- the Advisory Committee. Senate (in consultation with the chairmen reau of Land Management. SEC. 305. TERMINATION OF ADVISORY COM- and ranking members of the Senate commit- (3) COMMITTEE RULES.—The Advisory Com- MITTEE. tees of jurisdiction) and one such member to mittee may establish such procedural and The Advisory Committee shall terminate be appointed by the Speaker of the House of administrative rules as are necessary for the three years after the date of the enactment Representatives (in consultation with the performance of its functions under section of this Act. chairmen and ranking members of the House 303. committees of jurisdiction) within 60 days of (f) FEDERAL AGENCY COOPERATION.—The SEC. 306. SENSE OF CONGRESS REGARDING ADVI- the date of enactment of this Act. heads of the departments, agencies, and in- SORY COMMITTEE RECOMMENDA- (c) GEOGRAPHIC REPRESENTATION.—In mak- strumentalities of the executive branch of TIONS. ing appointments under paragraphs (4) and the Federal Government shall cooperate It is the sense of Congress that the pay- (5) of subsection (b), the President pro tem- with the Advisory Committee in the per- ments to eligible States and eligible counties pore of the Senate and the Speaker of the formance of its functions under subsection required by title I should be replaced by a House of Representatives shall seek to en- (c) and shall furnish to the Advisory Com- long-term solution to generate payments sure that the Advisory Committee members mittee information which the Advisory Com- conforming to the guidance provided by sec- are selected from geographically diverse lo- mittee deems necessary to carry out such tion 303(b) and that any promulgation of reg- cations. functions. ulations or enactment of legislation to es- (d) ORGANIZATION OF ADVISORY COM- SEC. 303. FUNCTIONS OF ADVISORY COMMITTEE. tablish such method should be completed MITTEE.— (a) DEVELOPMENT OF RECOMMENDATIONS.— within two years after the date of submis- (1) CHAIRPERSON.—The Chairperson of the (1) IN GENERAL.—The Advisory Committee sion of the final report required by section Advisory Committee shall be selected from shall develop recommendations for policy or 303(a).

VerDate 29-OCT-99 01:58 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 H11202 CONGRESSIONAL RECORD — HOUSE November 1, 1999 TITLE IV—MISCELLANEOUS PROVISIONS funds transferred to a Secretary concerned (1) by redesignating subparagraphs (D) under section 206, and revenues described in SEC. 401. AUTHORIZATION OF APPROPRIATIONS. through (J) as subparagraphs (E) through section 208(a) shall be in addition to the any (K), respectively; and There are hereby authorized to be appro- other annual appropriations for the Forest (2) by inserting after subparagraph (C) the priated such sums as are necessary to carry Service and the Bureau of Land Manage- out this Act. following new subparagraph: ment. ‘‘(D) the Secure Rural Schools and Commu- SEC. 402. TREATMENT OF FUNDS AND REVENUES. SEC. 403. CONFORMING AMENDMENTS. nity Self-Determination Act of 1999;’’. Funds appropriated pursuant to the au- Section 6903(a)(1) of title 31, United States thorization of appropriations in section 401, Code, is amended—

VerDate 29-OCT-99 01:58 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.037 pfrm12 PsN: H01PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, NOVEMBER 1, 1999 No. 151 Senate The Senate met at 12 noon and was the conference report to accompany of the Senate to talk about the issue of called to order by the President pro the D.C./Labor appropriations bill will Medicare coverage for prescription tempore [Mr. THURMOND]. occur at 10 o’clock Tuesday morning. drugs. As the Senate can see, I am urg- Tomorrow morning there will be an ad- ing seniors to send in copies of their PRAYER ditional 30 minutes of debate on the prescription drug bills, as this poster The Chaplain, Dr. Lloyd John conference report prior to the 10 a.m. instructs, to your Senator, U.S. Sen- Ogilvie, offered the following prayer: vote. Senators who have statements on ate, Washington, D.C. 20510. Dear Lord, who always has a next that conference report should be pre- I am doing this because it is criti- step in the adventure of living and pared to come to the floor during to- cally important that Congress move on leadership, we thank You for calling us day’s session. As a reminder, two clo- this issue and address it in a bipartisan to greater intentionality. Help us to ture motions were filed on Friday in way. With the counsel and input of put into action what we intend. Clarify relation to the African trade bill. Senator SNOWE of Maine, there is one Your goals for us as individuals and as Those votes will occur tomorrow as bipartisan bill now before the Senate outlined by rule XXII or at a time to be a nation and then call us out from to cover the issue of prescription drugs determined by the two leaders. where we are to a new level of risk. for the Nation’s elderly. I thank my colleagues for their at- I am sure other Members of the Sen- What would we do if we trusted You tention. completely? Give us the courage to do ate are getting the kind of mail I am. f it! May this be a ‘‘do-it-now’’ action What I will do this morning, as I have week. We have nothing to fear when we MEASURE PLACED ON CALENDAR done on eight previous occasions, is have no one else to please but You. Mr. HAGEL. Mr. President, I under- talk specifically about some of the Bless the Senators with intentionality stand there is a bill at the desk due for bills I am getting from senior citizens that is willing to risk anything except its second reading. in Oregon in an effort to pull together their relationship with You. You are The PRESIDENT pro tempore. The a bipartisan coalition for action in this our Lord and Savior. Amen. clerk will read the bill by title. session. f The legislative clerk read as follows: We have heard, again and again, ex- A bill (S. 1832) to amend the Fair Labor perts on the health care issue say the PLEDGE OF ALLEGIANCE Standards Act of 1938 to increase the Federal prescription drug question is too com- The Honorable CHUCK HAGEL, a minimum wage. plicated for the Senate to act on at Senator from the State of Nebraska, Mr. HAGEL. Mr. President, I object this time. That is a view I do not share. led the Pledge of Allegiance as follows: to further proceedings on this bill at It is not shared by Senator SNOWE. In I pledge allegiance to the Flag of the this time. fact, 54 Members of the Senate have al- United States of America, and to the Repub- The PRESIDENT pro tempore. Under ready voted for the funding plan the lic for which it stands, one nation under God, the rule, the bill will be placed on the two of us have developed. We have al- indivisible, with liberty and justice for all. calendar. ready laid the foundation for the Sen- f Mr. HAGEL. I thank the Chair. ate to move on this issue in a bipar- Mr. President, I note the absence of a tisan way. RECOGNITION OF THE ACTING quorum. I will talk for a few minutes this MAJORITY LEADER The PRESIDENT pro tempore. The afternoon about our legislation and The PRESIDENT pro tempore. The clerk will call the roll. about some copies of bills I have re- The bill clerk proceeded to call the Senator from Nebraska is recognized. ceived from senior citizens. I have a roll. Mr. HAGEL. I thank the Chair. Mr. WYDEN. I ask unanimous con- whole sheaf of them to go through. f sent that the order for the quorum call What our bill is all about is trying to give senior citizens who are on Medi- SCHEDULE be rescinded. The PRESIDING OFFICER (Mr. care the same kind of bargaining power Mr. HAGEL. On behalf of the leader, HAGEL). Without objection, it is so or- in the marketplace that a health main- today the Senate will begin 2 hours of dered. tenance organization has. The sad part morning business and then resume con- f about this issue is that the senior citi- sideration of the conference report to zens get shellacked on their prescrip- accompany the D.C./Labor-HHS appro- MEDICARE COVERAGE FOR tion bills twice. Medicare doesn’t cover priations bill. As announced on Friday, PRESCRIPTION DRUGS prescription drugs. When the program there will be no votes today. By a pre- Mr. WYDEN. Mr. President, this is began in 1965, it didn’t cover prescrip- vious consent agreement, the vote on the ninth time I have come to the floor tions. Maybe back then there was a

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

S13585

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.000 pfrm01 PsN: S01PT1 S13586 CONGRESSIONAL RECORD — SENATE November 1, 1999 feeling they weren’t that important. If nance organization does. We focus on send in copies of their prescription anybody thought that then, they cer- the principles of the private market- drug bills to their Senators. tainly would not believe that now, be- place, trying to create choices and op- She sent me her case. Very clearly, cause we have more than 20 percent of tions and a wide variety of alternatives these are heartrending cases—to think the Nation’s senior citizens spending for the Nation’s seniors, and we do it people with a $1,000-a-month income over $1,000 a year out of pocket for through a concept the President of the trying to get by on that alone is hard their prescription medicine. They can’t Senate and all of us understand very enough. Having to spend 25 percent of afford these prescriptions. The doctors well, and that is, we use the model of her income on prescription drugs, hav- tell them to take three prescriptions. the Federal Employees Health Benefits ing to be part of a drug regime where They start off taking two, and then Plan. We don’t go out and set up a she can’t even take all that her doctor they take one, and eventually they whole new bureaucracy. We don’t set is telling her to take—this is what is can’t afford their medicine, and they up a lot of price controls and get the going on in the United States of Amer- get sicker and they need perhaps insti- Government intervening in the mar- ica. A country as rich and powerful and tutional care, which is far more expen- ketplace. as good as ours has not yet figured out sive. What is so sad is that the seniors, I have great reservations about that a way to help people such as this. It is of course, with Medicare not covering kind of approach because, if you go a tragedy that we cannot come to- prescriptions, have to pay out of pock- with price controls, say, on Medicare, gether on a bipartisan basis, the way et. On top of that, they have to sub- the only thing that will happen is you the Snowe-Wyden bill envisages. There sidize the big buyers, the health main- will shift all the costs onto the backs are other approaches that certainly tenance organizations, the health of other vulnerable people. I don’t would be appealing as well. But we plans, and other big buyers that are in think there is a Member of the Senate need to get this done. What everybody a position to get a discount on their who would like to see us take action says is that this Congress is so polar- prescription medicine. with respect to prescription drugs for ized, they can’t deal with big issues. So Senator SNOWE and I, in support the Nation’s senior citizens, and then Well, I believe the bipartisan Snowe- of the bipartisan Snowe-Wyden bill, are have a lot of costs shifted onto, say, a Wyden bill, which has gotten 54 votes urging seniors to send copies of their 27-year-old woman who is divorced and in terms of a funding plan and is based prescription drug bills to the Senate, has two kids and is working hard and on models that every Member of the to your Senators, in Washington, DC, playing by the rules and suddenly is Senate knows about, is a very appeal- in the hopes that we can deal with this seeing the prescription drug costs for ing kind of concept. But if our col- in this session of the Senate. her children go up very dramatically. leagues have different approaches—and I have been concerned about this So we ought to unleash the forces of certainly in this body we have strong issue since back in the days when I was the marketplace. That is what is in the views, and there are a variety of dif- codirector of the Oregon Gray Pan- bipartisan Snowe-Wyden prescription ferent ideas on this—have them come thers. I ran the legal aid office for sen- drug bill. forward. ior citizens then, and prescriptions What I am going to do for a few mo- But let’s not duck this issue. Let us were awfully important even then. But ments is talk about some of the bills not duck it and say, oh, this is a mat- the fact is they are much more impor- and documents that I have been sent ter for the 2000 campaign, and we don’t tant to the Nation’s older people today by seniors since we came to the floor need to deal with it today. We need to than they were then because, today, so and began to urge them, as this poster deal with it now. many of these prescriptions can, in ef- says, to send in copies of their prescrip- I am going to go through a couple of fect, help to keep seniors well and tion drug bills to us in the Senate. other cases. healthy and physically fit. So many of The first case I want to talk about Here is another one from a couple in the drugs today can help to lower blood this morning involves a senior citizen Cornelius, OR, a home in my State. pressure, or deal with cholesterol prob- who is 73 years old and lives in my They have a monthly income of about lems, or a wide variety of conditions, home State, in Hillsboro. She has a $1,000. They are spending between $200 and can keep our seniors healthy. The monthly income of $1,000, and she is and $400 every month on their prescrip- savings associated with these kinds of spending 25 percent of it on her pre- tion drugs. They have to take drugs for drugs are absolutely staggering. scription drugs. She doesn’t have any arthritis, for cholesterol problems, and I reported last week, when we talked of these bills covered by her health in- antibiotics on a fixed income. about the question of prescriptions for surance—not any of them. She has to Clearly, this kind of case where seniors on the floor of the Senate, take a wide variety of drugs, such as month after month they are seeing be- about one anticoagulant drug seniors Relafen and Prilosec—a whole host of tween 20 percent and 40 percent of their often take today. It costs a little over prescription drugs—primarily due to monthly income going for prescription $1,000 a year for a senior citizen to take hypertension and a variety of prob- drugs ought to make it clear to Mem- that anticoagulant drug. By taking lems. Her Prilosec alone is one she has bers of this body that we have to move that drug, very often it is possible to to take on a regular basis; yet, as a re- and move on a bipartisan basis. prevent a debilitating stroke that can sult of the expenses associated with her There isn’t anything that is impor- cost a senior more than $100,000, in prescription medicine, this senior cit- tant in Washington, DC, that isn’t bi- terms of expenses. Just think of that. izen at home in Hillsboro, OR, is not partisan. I don’t know of a single issue An anticoagulant drug helps our sen- able to take all of the medication she that can be addressed in a significant iors stay healthy for about $1,000 a needs. She reports that when she does way without Democrats and Repub- year. As a result of spending $1,000 a take her Prilosec as her doctor tells licans coming together. The Snowe- year on this particular medicine, we her, she has had to give up other kinds Wyden bipartisan approach is one way. can keep that person from having a de- of necessities. She is eating cheaper There may be others. But the impor- bilitating stroke, which could cost foods and is particularly concerned tant thing is we ought to move and we more than $100,000 a year. that if something isn’t done about pre- ought to move in this session of Con- So, very often, I am asked by col- scription drugs in the Senate, she is gress. leagues and others in the Congress going to have a whole host of other A third case I would like to go whether our Nation can afford to cover problems. She is not able to afford through involves an elderly woman in prescription drugs for the elderly. My other essentials, such as being able to Forest Grove, OR. Recently, in effect, answer is that our Nation cannot afford take care of expenses for her house. in the last few weeks, she spent $294 on not to cover prescription drugs, when This is a real case, not some govern- her prescription medicine. She has had you look at the kind of savings that ment report from some think tank in to take a variety of different medi- would be associated with this coverage. Washington, DC, hypothesizing about cines. That is one example of what we Now, in the Snowe-Wyden bill, we what the senior citizens need. This is a are getting now from the seniors across seek to do a number of things beyond real, live case from my home State, in this country. This particular senior is giving senior citizens the same kind of Hillsboro, OR. She heard I am urging in Forest Grove, OR, taking a whole bargaining power that a health mainte- senior citizens, as this poster says, to host of medications.

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.004 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13587

A lot of our seniors average 15 pre- ator SNOWE and I got 54 votes on the ously, we are heading toward the end of scriptions a year. The third case I have floor of the Senate for the funding ap- this session. There is speculation as to gone through this morning with sen- proach we are taking. More than $10 when we will conclude our work. Of iors spending $294 in just a few weeks billion goes from the Medicare program course, before that is done, clearly the on her prescription medicines in Forest each year to cover tobacco-related ill- most important thing before us is the Grove is pretty representative of what nesses. We know we have to act. We appropriations process, funding the we are hearing. have to act responsibly to address Government, and we will do that. I hope that as a result of my coming these concerns of seniors. I had the opportunity this weekend to the floor over these last days before There is a marketplace-oriented ap- to spend some time in my home State. we wrap up for the year that we can see proach to this problem. We don’t need I can always pick up things about Democrats and Republicans in the Sen- a lot of price controls. We don’t need a which people feel strongly. They want ate coming together to try to deal with ‘‘one-size-fits-all’’ run from a Wash- to see the budget signed. There are dif- this question. ington, DC, program. The Snowe- ferences of view as to what that budget I want to bring up one last case. It is Wyden bill will give seniors the same should contain—legitimately, of a particularly poignant one. It is from kind of bargaining power that a health course. an older person who is now taking 15 maintenance organization has to nego- Most of the people in my State—and prescription drugs. She is on a fixed in- tiate prices, not through a government I certainly believe they are well income with nothing but her Social Secu- regime but through the power of mar- formed because I agree with them— rity. She is spending $600 a month—$600 ketplace forces. think we ought to hold down the size of a month—on her prescription medicine. I am going to keep coming back to the budget because that is how we real- None of it is covered by her health in- the floor of the Senate until we get ac- ly put some limits on Government. surance. She writes to tell me that she tion on this issue. I will keep reading That does not mean we do not fund the is spending almost her entire monthly from these letters. I hope seniors will things that are essential. Certainly we income on prescription drugs. continue, as this poster says, to send in will not always have unanimity on Think of that. A senior citizen, copies of their prescription drug bills. I what people perceive as being essen- again, at home in Oregon spending al- know that seniors at home have made tial, and that is what it is all about. most her entire monthly income on it clear they are going to keep sending People do want the budget signed. prescription drugs. We asked: What them to me, and I am very hopeful that They do not want the Government to happens when you can’t afford the pre- we can get action on this issue in this shut down, nor does anyone here, and I scription drugs you need? She said bor- session. hope not the President. He has indi- row. That is what she tries to do. A I yield the floor. cated he does not. We have about five senior citizen with only Social Secu- Mr. President, I suggest the absence bills to complete and get signed. I am rity spending virtually all of her of a quorum. optimistic about it. We will conclude monthly income on prescription drugs The PRESIDING OFFICER. The our work without a shutdown. We will is now having to borrow from friends clerk will call the roll. conclude our work without spending and family. The legislative bill clerk proceeded Social Security dollars, which was the I have a list of these prescriptions. to call the roll. commitment we made. Again, the list goes on and on. Mr. BAUCUS. Mr. President, I ask Out of the surplus this year—a sur- This is an example of the kind of bills unanimous consent that the order for plus, frankly, for the second time in 25 that senior citizens are now sending in the quorum call be rescinded. years—we will only spend that money as a result of our efforts to try to get The PRESIDING OFFICER. Without when it comes in the operational budg- bipartisan action on this issue. objection, it is so ordered. et and not the budget of Social Secu- I hope as a result of my remarks Mr. BAUCUS. Mr. President, I ask rity. More important, not only will we other seniors will, as this poster says, unanimous consent to speak as in not spend Social Security money, but send in copies of their prescription morning business for 15 minutes. we also have a plan to strengthen So- drug bills. I hope they will be inter- The PRESIDING OFFICER. Without cial Security for the future. To save ested in the bipartisan Snowe-Wyden objection, it is so ordered. Social Security is not enough. We must prescription drug bill. But, frankly, I (The remarks of Mr. BAUCUS per- do that, of course. would like to make sure they are in taining to the introduction of S. 1837 The other thing I have heard—and I contact with all of us in the Senate be- are located in today’s RECORD under already mentioned it—is hold down the cause this is not an issue that should ‘‘Statements on Introduced Bills and size of Government; we do not want the be allowed to be put off until after the Joint Resolutions.’’) Federal Government to continue to 2000 election. Mr. BAUCUS. Mr. President, I sug- grow and to be the dominating factor We are given an election certificate. gest the absence of a quorum. in people’s lives. Indeed, there are es- Mr. President, I know you feel very The PRESIDING OFFICER (Mr. ROB- sential elements of the Federal Gov- strongly about important issues such ERTS). The clerk will call the roll. ernment, but the strength lies in the as campaign finance reform where it is The legislative assistant proceeded communities, States, and counties of important to come together. We are to call the roll. this country. The more decisionmaking giving election certificates to deal with Mr. THOMAS. Mr. President, I ask that takes place there, it seems to me these issues. I have not been given an unanimous consent that the order for the stronger we will be and the closer election certificate to put this off until the quorum call be rescinded. we will be to the governed making the after another election. We are all sent The PRESIDING OFFICER. Without decisions, and the better off we will be. here to deal with these important objection, it is so ordered. We will do well. We will have to issues such as campaign finance reform Mr. THOMAS. What is the order of make some adjustments. One of them and prescription drugs because these business, Mr. President? may well be an across-the-board cut of are important to the American people. The PRESIDING OFFICER. The 1 percent. I happen to favor that idea. I am very proud to have been able to order of business is, under the previous We are talking about a discretionary work with Senator OLYMPIA SNOWE on order, the time until 2 p.m. shall be budget of about $595 billion. That is out this issue. under the control of the distinguished of a total of about $1.7 trillion, the rest I think when you are dealing with Senator from Wyoming, Mr. THOMAS, being mandatory. We are talking about important questions such as prescrip- or his designee. The Senator is recog- actually below 1 percent, a .97-percent tion drugs and campaign finance re- nized. across-the-board cut, which is about form it has to be bipartisan. My plan is f $3.5 billion. That will bring us down to to keep coming to the floor of the Sen- $592 billion. I cannot imagine that ate day, after day, after day, bringing BUSINESS OF THE SENATE agencies with a budget of $15 billion or up these examples of what I am hearing Mr. THOMAS. Mr. President, I will $260 billion are unable to find 1 percent from the Nation’s senior citizens and take a few minutes and talk about that can be reduced. Generally, hope that we can come together. Sen- some of the things we are doing. Obvi- through things that are not terribly

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.006 pfrm01 PsN: S01PT1 S13588 CONGRESSIONAL RECORD — SENATE November 1, 1999 important or some even considered to cause of the President’s tax bill in 1995, The marriage penalty: Almost every- be wasteful spending, they can find 1 the percentage of taxes with respect to one would agree to the fact that a mar- percent. In any event, I am very con- the gross national product has in- riage penalty is very unfair, where two fident that can be done. creased, the highest since World War young people who are single at a cer- Some say it will require the military II. Of course, we tried to do something tain wage level pay a certain amount to lay off. The fact is, after 1 percent, about that. We passed a bill that would of tax, but if they get married, they it would still be a substantial increase have been a reduction in taxes, but, un- pay a higher amount of tax. That is not over last year and over the President’s fortunately, the President vetoed it. fair. We sought to change that. Unfor- request for the military budget. We are I mentioned Social Security and that tunately, as I said, that was vetoed. closing in on getting that job done. we have to do more than simply talk Nevertheless, I consider it to be an ac- Certainly it is the compelling task be- about it. We can do that. Two years complishment for the Republican Sen- fore us. ago, President Clinton urged us to save ate because it sets the groundwork to It reminds me of one of the things I Social Security first. Unfortunately, he move forward in another year. believe we ought to consider, and that has done very little since then, but Education: This budget we are talk- is a biennial budget, so we can do this there have been a number of things ing about contains more for education business of budgeting and allocating done here. Republicans have worked than the President requested. He is ar- resources every other year, which has hard in seeking passage of a Social Se- guing about that. The big argument is the advantage of giving agencies and curity lockbox. Unfortunately, it has not the amount of money. The argu- the Federal Government a better op- been filibustered on the other side of ment is because the President wants to portunity of knowing what they will be the aisle. dictate, to stipulate where the money doing for a longer period of time. But One of the most fundamental changes goes—in this case for 100,000 teachers. more important, it provides an oppor- I hope will be considered next year and We think it makes much more sense to tunity for 1 year to do budgeting and passed is the notion of having private be more flexible. If you have the appropriations and 1 year for oversight accounts where people who are closer money, send it to the States, send it to which, in my view, is equally impor- to the retirement benefit age will con- the school districts, and let those folks tant. It is important for the Congress tinue as they are. But people 25, 35, and decide where it is most efficient to in- to have oversight of the expenditures 40 years old will have the opportunity vest the money. and to ensure these expenditures are to take the dollars they have contrib- I have a strong belief that the needs implementing policies that have been uted to Social Security and put them in Greybull, WY, are quite different passed by the Congress. in a personal account, directly invested than they are in Pittsburgh. We ought Most States do biennial budgeting in equities, directed by the owner to be able to adjust for that. I believe and find it very useful, very satisfac- through an investment program, that what we have done, in the case of edu- tory, and successful. I suspect there will have several benefits. One, it cation with Ed-Flex, is given local peo- will be resistance, of course, from those would belong to the taxpayer. If, unfor- ple more flexibility. So there is addi- involved in the appropriations process tunately, you were not able to utilize tional money in this budget for edu- because it will eliminate 1 year in it before you passed away, it would be cation. We had money in our tax bill to which they have perhaps extraordinary part of your estate. The second is, the encourage education, as well. I am authority in the direction we will take. return on the investment would be pretty pleased about that. Nevertheless, I hope this idea is fa- more substantially invested in equities National security: We have added $17 vored by the chairman of the Budget than it would be invested as it is now billion for the defense of this country. Committee and by the leader of the in Government securities. That is the Probably, if you had to select the item Senate majority. That is something we real direction we need to take. and the issue that the National Gov- ought to consider. Tax relief, of course, will be back As we talk to people at home, we again. It continues to be an issue. ernment is most responsible for—the ought to talk a little bit about the ac- When you have taxpayers who are pay- Federal Government—it is defense. No complishments of this Congress. I being more into the Federal Government one else, of course, can participate as lieve it has been extraordinary. It is a than is necessary to sustain the essen- fully in the defense of our country as little difficult to keep up with it tial elements of the Government, then the Federal Government. through the media’s description of the money ought to be returned. It has Unfortunately, we have had more what we do; they don’t like to talk been said—and it is probably true— troop deployments over the last couple about anything unless it is sensational; that if dollars remain in Washington, years than we have had in 50 years. But and also opportunities to communicate they have a way of getting spent. So the administration has requested funds are very difficult. One of them is the we ought to give some relief to tax- that would cause military readiness to budget. payers. go down. We have been in Haiti, in Bos- We have a surplus—the first time in I was out last summer, in August, nia, in Kosovo, and a number of other 42 years. Two years in a row, we have talking about the tax relief bill, and places, which has been very expensive. had a surplus. Part of that, obviously, people sort of rolled their eyes about it We have found ourselves in the situa- is we have more revenue coming in and because they had heard that before. tion, with voluntary Armed Forces, a strong economy. But equally as im- But when you talked about the ele- where it is difficult to recruit people to portant—perhaps more important—is ments of it, they became very inter- come into the military. Probably the the balanced budget amendments that ested and supportive of it. more difficult thing is to retain those were passed 3 years ago that have kept Estate taxes: For example, we have a people in the military who have been down spending. At the end of the seven- lot of agriculture in Wyoming. Many trained to be pilots or mechanics, or ties and through the eighties, into the agriculturists have almost all of their whatever, who can find, of course, nineties, growth each year was in the life’s earnings in property, not in year- much better jobs somewhere else. neighborhood of 10 to 12 percent. In ly income but in the estate they build Health care: Clearly, health care is a this year, it is just over 2 percent. Is it up in that farm or ranch. Currently, vital interest to all of us. Again, folks where we want to be? No. For many of they could lose nearly half of that in Wyoming are interested in that, in us, it is not. Nevertheless, it is through estate taxes. We would like to particular, because the changes that progress. We even have had, of course, do away with those over a period of have been made over the last couple of a non-Social Security surplus. time. years have affected rural areas prob- Instead of spending at 10 percent, Capital gains: More and more people ably to more of an extreme than which we did in the early eighties, we are investing money in the market and nonrural areas. We are moving, of are spending at 2.8-percent growth. seeking to take care of themselves for course, into an era where very small That is pretty good. their old age security or to supplement hospitals find it most difficult. We Spending as a percent of gross na- their Social Security. We need to en- have some towns in our State with hos- tional product has fallen during the courage that. One way to do that is to pitals that have an average occupancy nineties. Unfortunately, largely be- reduce the tax on capital gains. of one or two acute-care beds. That is

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.017 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13589 very difficult. And there are shifts tak- The distinguished Senator from Republican is 94 percent. That tells us ing place. We have changed the defini- Oklahoma is recognized. something. It tells us there is a basic tion of ‘‘hospital’’ so that HCFA, the f difference in the policy of the Demo- funding agency, can fund hospitals that crat versus the Republican Party. have less than full services, even emer- NATIONAL DEFENSE This is significant because we just gency rooms, to move those patients Mr. INHOFE. Mr. President, I appre- completed debate on the Comprehen- off to somewhere else. ciate very much the Senator from Wyo- sive Test Ban Treaty and we heard a We passed the Patients’ Bill of ming taking the time to show some of lot of dialog on both sides. To the last Rights. I hope one of the things that the differences and some of the accom- one on the Republican side who voted will happen before we leave is some plishments of this session of the Sen- in opposition to this treaty, it was a change in the balanced budget amend- ate. While I was watching him do that, recognition that there is a real threat ment on Medicare. That will probably it occurred to me that something else out there. By unilaterally disarming, be an additional $15 billion over 10 constantly needs to be brought up be- which is essentially what we would years, to take away what we think fore the American people because a lot have done under the Comprehensive were the overcuts that have been made of times people look at Democrats and Test Ban Treaty, we would have al- by the agency that pays it out. So we Republicans and do not realize that we lowed those nations to go ahead and will be moving forward on that. do stand for different things. test their nuclear arsenal, even though Financial modernization: I think for In the case of the Republican Party, there is no way of verifying whether or the first time since the 1930s the whole I have had the honor, since I have been not they were testing, of course. financial picture has changed some- in the Senate, of serving on the Senate Good old America, we do what we say what. That bill is prepared to come to Armed Services Committee. I origi- we are going to do. If we say we will the floor. We closed the deal last week. nally discovered when I was in the not do it, then we don’t do it. I remem- We have been trying for 10 years—and House of Representatives—and it was a ber several times Secretaries of De- finally got that done—to change the shocker—why there is such a difference fense would actually testify: We know regulations that were put in place dur- in the approach to national security we are not going to do it, but there is ing the Depression times to fit what is between the Democrats and Repub- no way of knowing whether the other necessary now. licans. side is doing it. I had no doubt in my So we have accomplished a great deal To put it very bluntly, the Repub- mind that both China and Russia would in the budget: Social Security, edu- licans have always believed that the continue to test their nuclear weapons, cation, defense, tax relief, health care, primary responsibility of Government even if they had ultimately ratified. By and now a banking bill—all things that was to give America a more secure the way, they kept using the argument are good for America—but yet without country and to promote our national that we are going to have to ratify this letting the Federal Government grow security. Yet time and time again, it is because if we don’t do it, Russia won’t out of control. quite obvious that there is a difference It is legitimate to have different do it. I remember that same argument between Democrats and Republicans. in the START II treaty. Russia still views, and we ought to have an ex- To document this or to quantify it, change of views. There are different hasn’t done it. We need to look at these there is a group called the Center for things. Unfortunately, it does become a views everywhere. One of the basic dif- Security Policy. I think this is kind of ferences here has to do, frankly, with partisan issue. interesting because people need to In talking about our national de- the size and involvement of the Federal know what we are doing here. All too fense, I come from the background of Government; it has to do with spend- often people will read the mail of their chairing the Readiness Subcommittee ing. The liberals, of course, want to Senators and assume that is every- of the Senate Armed Services Com- have more taxes, more spending, put thing that is going on here, when, in mittee. There is a huge issue taking the Federal Government into more fact, there are some things that may place right now. I will make a couple of things, override the States because not be accurately expressed in that references to it because I have intro- they think that is a better way to do mail. For example, if a constituent is duced a Senate concurrent resolution, it. It is a legitimate point of view. I do concerned with how his particular with several Members who are cospon- not agree with it. Member is voting on tax issues, the Na- soring it, which calls upon the Presi- We ought to try to limit those things tional Tax Limitation Committee and that can best and must be done by the dent and the Secretary of Defense to National Taxpayers Union rank us so reopen the Vieques training bombing Federal Government. Do we raise they can tell who is for more taxes and money to do it? Of course. But after range off the island of Puerto Rico. who is for less taxes. If a constituent is This is what the range looks like. that we ought to let that be done clos- concerned about what is happening in This is the island of Puerto Rico. It is er to the people. terms of family values, they have a Those are the real issues. Sometimes about 22 miles from here to there. This number of organizations that will tell they do not show up. We get to talking part represents a live bombing range. how Members voted on issues such as about details, but the basic philosophy It only constitutes 2.7 percent of the abortion. If they are concerned about is there and it is legitimate and we entire island. how much regulation is disturbing peo- This bombing range has been hot need to work at it. I hope we can move forward. I think ple who are trying to run small busi- range active for 58 years. During the we have completed a good amount of nesses, the NFIB, National Federation time period it has been active, there work this year. We have some more to of Independent Business, actually does has only been one death on the ground do. We have probably less than 2 weeks a rating. as a result of the use of the range. That to do it. So I hope we move forward. As far as national security is con- was last April 19. As a result, everyone I now yield whatever time he might cerned, the Center for Security Policy in Puerto Rico who is running for of- consume to the Senator from Okla- is an organization that takes all these fice, whether it is for delegate or for homa. votes we cast having to do with a the Governor of Puerto Rico, is using Mr. INHOFE. I thank the Senator strong national defense, having to do as his or her platform: We are going to from Wyoming. with test ban treaties, a national mis- do the most we can to shut down this f sile defense system, defense spending, range. and they rank us to see who the good This is the range over here. It has PRIVILEGE OF THE FLOOR guys and the bad guys are in their eyes; been used for 58 years. There is live Mr. INHOFE. Mr. President, I ask that is, who is promoting a stronger ordnance all over the range. There are unanimous consent that Paul Barger, a national defense and is more concerned protesters there right now, illegally fellow in my office, be granted floor about national security or who legiti- trespassing, who are picking up and privileges for the remainder of today’s mately believes there is a threat. throwing around these live pieces of session. The average Democrat is ranked, in ordnance. The PRESIDING OFFICER. Without accordance with the Center for Secu- I have written twice to Janet Reno objection, it is so ordered. rity Policy, at 12 percent; the average and told her she should go down there

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.020 pfrm01 PsN: S01PT1 S13590 CONGRESSIONAL RECORD — SENATE November 1, 1999 and enforce the trespassing laws, if for Gov. Rossello on Friday called Republican Hold up the other chart, if you will. no other reason than just to keep Senator James Inhofe a ‘‘backward and reac- To give a comparison between the two, someone from getting killed. She has tionary’’ member of the ultra right wing of at Vieques, they use 9-inch guns. We refused to do that. Unfortunately, it the Republican Party, while several island legislators called him an ‘‘Ugly American’’ use 6.1-inch in Fort Sill. The days of has been politicized. following comments the Oklahoma Senator training average 164 live days a year in We had a committee meeting where made about Puerto Rico this week. Vieques, and at Fort Sill we average we had the Governor of Puerto Rico [Senator Inhofe] upholds the same tradi- 320 days per year. The range at Fort and others testify. They take the position of other people who have made similar Sill is open and is hot and used twice tion that if you want to keep this statements, which is an anti-Hispanic, anti- as many days per year as it is in minority. . . . training range active so we can prop- Vieques. erly train our American soldiers, which It goes on. I think this is a further Thirdly, the distance from the popu- include Puerto Rican soldiers, some- demonstration that they must not lation is 9.7 miles in Vieques, and it is how you don’t like Puerto Ricans. I have a case, if they are going to have only 1 mile at Fort Sill. The popu- think it is very important to realize to resort to these kinds of insults. lation, instead of 9,000, is 100,000 people. I say, in my own defense, that it that that little training range offers They talk about the danger that im- wasn’t long ago—it was 1996—I, along three components of training that can- poses. There have been three fatalities. with the Democrat over on the House not be duplicated anywhere else in the One fatality in Vieques was an F–18 side, was the recipient of the Award for Western Hemisphere. that went down and both pilots were Freedom and Democracy from the First of all, it is high-altitude bomb- killed. They have had 1 ground fatality International Foundation for Election ing. Why is that necessary? It is nec- there, and we have had 26 (34 including Systems. The statement that was made essary because, as in the case of air fatalities) at Fort Sill over a period when I was being introduced was: Sen- Kosovo, when we sent our pilots in of time. ator JAMES INHOFE has done more to there with cruise missiles, it was nec- So when people accuse us of having promote freedom and democracy in essary that they be above the range of two standards, one for those ranges in Central America; he has done more to the surface-to-air missiles. They were the United States and one for the range promote trade with Mexico and more very successful in Kosovo in doing that happens to be in a territory, I to provide humanitarian assistance to that. There is no place else we can get think those people have to stop and re- the Caribbean than anybody else and is that training because of airspace realize: aren’t they asking for something hereby awarded the Freedom and De- strictions. that is more than what we find to be mocracy Award by the International I went, the weekend before this last perfectly acceptable in Kansas or in Foundation of Election Systems. weekend, to the U.S.S. Eisenhower, Oklahoma? So I hope people will keep which is scheduled to go to the gulf, That was due to a couple of things I in mind that several of our officers where they very likely could see some have done. One time, not too many have made the statement that if we kind of combat. The Navy pilots were years ago, when a devastating hurri- send and deploy, on February 18, as is actually from that aircraft carrier con- cane wiped out the lower Caribbean, I currently scheduled, those sailors and ducting their training exercises in two led a group of 10 airplanes through two airmen and marines, they will have to different places in the United States. hurricanes to take down humanitarian Here is the problem. I say this as a goods, doctors, two nurses, and food for go by way of the Mediterranean to the professional pilot of 40 years. To do the victims on those islands. In the Persian Gulf. The chances are better that, they have to go through normal case of promoting trade with Mexico, than 2-to-1 that they will see combat in commercial airspace. In other words, in 1981 I promoted the first trade where the Persian Gulf because that is what they take off in an F–14 or F–18 from we actually flew to San Luis Potosi, history shows us right now. We would the U.S.S. Eisenhower. They go to drop Mexico, and made, not a cultural ex- be sending them there without the ben- their load of either real or not real ord- change but an industrial exchange, efit of any training at all. nance. To do this, they have to fly where we computerized things they can There is another resolution that was through civilian airspace as if they do down there and things we were introduced by Senator WARNER, chair- were a general aviation pilot or a com- doing in my home city of Tulsa, OK. man of the Armed Services Committee, mercial pilot flying a commercial air- And they now have established trade last week. He was admonishing the line. In doing this, it is a totally dif- with that country, and relationships President not to deploy the U.S.S. Ei- ferent set of rules. Then when they and contracts are still alive today. senhower if they don’t have that train- come up to the range, where they can I had occasion to be involved in Cen- ing range opened up so they can get the drop their ordnance, they have to all of tral America during the problems that training. I am going to support that a sudden be tactical. It is totally dis- were taking place down in Nicaragua resolution as well as mine. The prob- ruptive, and they can’t do it at an alti- and some of the other Central Amer- lem I see with it is that we have al- tude high enough to give them the ac- ican countries. So I say that in my own ready deployed the U.S.S. Roosevelt. tual training. What it will mean is, if defense. I appeal to people to start They are already returning. The U.S.S. these guys are deployed in the Persian looking at the real problems that exist Kennedy is out there right now, and Gulf on February 18, many of them will in Puerto Rico right now, in terms of only half of its personnel have had go over there and will be called upon to that range. I wish there was someplace proper training. We would be asking do things they have never done before. else we could train other than this is- them to make a second 6-month de- At the same time, you have your ma- land of Vieques. When they say it is an ployment. That would have a terribly rine expeditionary units, that would inconvenience and it is noisy and it is negative effect on an already-eroding not have had this training—actually just 10 miles—this is the range. This is problem that we have with retention in landing and going on amphibious oper- where the population is. It is 9.7 miles the military. ations on the shores of Vieques, where between here and here. So I have two points I wish to make. they have been doing it for 58 years I want to show you, by contrast, if One is that we need to do all we can to without incident. We wouldn’t have the you hold up the other chart, the two protect our young people whom we are Navy being able to fire their guns. In red areas are the live ranges that are asking to go into combat by giving fact, one of the officers said that they where? In Oklahoma, Fort Sill, which them the proper training, and also to would be sending sailors out there to is an artillery training range, a hot point out that there is a difference be- fire when they have never fired live on range. When I fly over the area, the tween the Democratic and the Repub- the ground before. controller tells me whether their range lican Party when it comes to our sup- It is a very serious problem. I bring is hot or not. So there it is, these two port of national defense. this up not just to gain support for the ranges. Here is the population of I will repeat one more time the sta- resolution but to respond to something Lawton, OK. So you can see the hot tistic I used from the center for secu- that is going on right now. range goes within 1 mile of a popu- rity policy. The average Democrat We had a committee hearing with lation of 100,000 people, as opposed to rates 12 percent; the average Repub- Governor Rossello. He came in. I will Vieques, where the range is 9.7 miles lican rates 94 percent. I don’t think the read some of the local press there. from 9,000 people. American people would expect that the

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.026 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13591 defense of our country and national se- Mr. REID. Mr. President, I ask unan- and say you are in business and you curity should be a partisan issue, but it imous consent that the order for the want to haul a convicted child killer is. quorum call be rescinded. around the country. I yield the floor and suggest the ab- The PRESIDING OFFICER (Mr. The escape of this convicted child sence of a quorum. VOINOVICH). Without objection, it is so killer occurred in a circumstance The PRESIDING OFFICER. The ordered. where the bus transporting him, which clerk will call the roll. f carried over 30 people, pulled up to a The legislative assistant proceeded service station to get gas. One of the to call the roll. PRIVILEGE OF THE FLOOR guards apparently was fueling the vehi- Mr. VOINOVICH. Mr. President, I ask Mr. REID. Mr. President, I ask unan- cle, the other apparently might have unanimous consent that the order for imous consent that Bob Perret, a fel- been getting a hamburger at the Food the quorum call be rescinded. low in my office, be accorded the privi- Mart, and the third was asleep on the The PRESIDING OFFICER. Without lege of the floor during the pendency of bus, and in the meanwhile this killer objection, it is so ordered. S. 1287. goes out through a hatch in the roof of f The PRESIDING OFFICER. Without the bus. Then the guards get back on objection, it is so ordered. the bus and for 9 hours that bus drove COOKED BOOKS Mr. REID. I suggest the absence of a across the country, and they never Mr. VOINOVICH. Mr. President, I quorum. knew this convicted killer had escaped. rise today to read an editorial from to- The PRESIDING OFFICER. The He escaped in civilian clothes, inci- day’s Columbus Dispatch. I want to clerk will call the roll. dentally—a convicted killer being read it in its entirety because I believe The bill clerk proceeded to call the transported across this country in ci- it strongly makes a point that needs to roll. vilian clothes. One would logically ask be made. Mr. DORGAN. Madam President, I the question: If you are doing that, if The editorial is entitled: ‘‘Cooked ask unanimous consent that the order you are transporting a convicted killer books—That big federal budget sur- for the quorum call be rescinded. across State lines, why would you not plus? It isn’t.’’ The PRESIDING OFFICER (Ms. COL- have an orange prison uniform that The editorial reads as follows: LINS). Without objection, it is so or- says ‘‘I Am A Prisoner’’? Because there The president and members of Congress dered. are no regulations, no standards. You should all be kept after school to write this Mr. DORGAN. Madam President, I can haul prisoners, including violent on the blackboard 123 billion times: ask consent to be recognized in morn- prisoners, across this country coast to There is no federal budget surplus. ing business. I understand the majority The $123 billion surplus that the president coast and you do not have any stand- and Congress are crowing about last week leader and Democratic leader will soon ards to meet. I think that is wrong. If really is a $1 billion deficit, hidden by $124 appear on the floor. When they do, I you are a company, a private company billion in excess Social Security tax revenue will be happy to yield the floor to them contracting to haul violent prisoners that shouldn’t even be counted in the gen- to take care of business they will across this country, it seems to me you eral budget because it is meant to be set transact. In the meantime, I would like ought to meet minimum regulations, aside in a trust fund to cover retirement- to speak in morning business about a minimum standards. benefit payments later. very important issue. In order to enhance public safety, I Put that Social Security money aside as The PRESIDING OFFICER. The Sen- intended and the truth about the federal sur- am going to propose later this week a plus becomes evident: ator from North Dakota is recognized. piece of legislation that will require The government spent $1 billion more than f the Justice Department to establish standards that private companies efit took in last year. THE INTERSTATE Certainly, a $1 billion deficit is a vast im- fecting that transport must meet. TRANSPORTATION OF CRIMINALS provement over years past, when the govern- When there is an interstate transport ment was running in the red to the tune of Mr. DORGAN. Madam President, the of criminals across this country, espe- $200 billion or more annually and creating a picture I have displayed on the floor of cially high-risk criminals, certain min- national debt approaching $6 trillion. the Senate is of an 11-year-old child But it is still a deficit. imum conditions must be met. And it is patently dishonest for the presi- named Jeanna North. Jeanna North Minimum standards on background dent and Congress to pretend that all that was tragically murdered by a man checks for employees—is that reason- red ink is black. named Kyle Bell. Kyle Bell was a pre- able? You bet. Minimum standards for Even the $124 billion in excess Social Secu- viously convicted child molester, a vio- the type of training an employee would rity revenues is really not a surplus for the lent criminal living in the neighbor- have, who is transporting a violent retirement program. hood. This young girl, out on roller criminal across State lines; restric- Yes, Social Security took in more last year blades one afternoon on a quiet Fargo than it paid out, but that surplus is a drop in tions on the number of hours that em- the bucket of the program’s $8 trillion un- street, was abducted and murdered. ployees are on duty during a 24-hour funded liability. Kyle Bell was convicted of that mur- period; minimum standards on the That’s the amount of money the program der. On October 13, Kyle Bell was being number of guards that must be present ultimately is obligated to pay out to current transported to prison and he escaped in for supervising violent criminals; retirees and workers above and beyond what New Mexico from a bus that was trans- standards requiring that high-risk vio- those participants have paid or will pay into porting him and nearly 30 other pris- lent prisoners wear brightly colored the system. oners across the country. Kyle Bell, clothing, clearly identifying them as The $124 billion cushion that Social Secu- this convicted child murderer, escaped rity has right now puts a mere 1.6 percent prisoners; minimum standards on the dent in that massive obligation. from a company called Transcorps. type of restraint that is used when Congress and the president each pay lip Transcorps is a private company. There transporting these prisoners; and a re- service to the idea of balancing the federal are a number of private companies that quirement that private prison trans- budget and preserving the Social Security states contract with to haul killers and port companies notify law enforcement surpluses for Social Security, but a genuine criminals around the country. When officials of scheduled stops in their ju- commitment to these goals would begin with you haul toxic waste around America, risdiction when they are hauling a honest bookkeeping. you have to meet certain requirements. Until then, it is back to the blackboard: cargo of violent prisoners. There is no federal budget surplus. When you haul circus animals around These are standards that ought to be There is no federal budget surplus. this country, you have to meet certain implemented. The murder of this There is no federal budget surplus. minimum requirements. But if you are young girl in Fargo, ND, by Kyle Bell Thank you, Mr. President. a business holding yourself out to is a tragedy. But it is a tragedy that is I suggest the absence of a quorum. transport prisoners all around this compounded by the escape of this mur- The PRESIDING OFFICER. The country from State to State, there are derer who now, this afternoon, is on clerk will call the roll. no minimum requirements and no the loose. God forbid he should harm or The legislative assistant proceeded standards. Get yourself a minivan, hire kill someone else while he has escaped to call the roll. your brother-in-law and two cousins from custody. But this escape should

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.028 pfrm01 PsN: S01PT1 S13592 CONGRESSIONAL RECORD — SENATE November 1, 1999 persuade us, as almost all law enforce- Lott amendment No. 2332 (to amendment pressed last week our concern for two ment officials have told me, that there No. 2325), of a perfecting nature. things: First, the array of relevant is a need for some reasonable standards Lott amendment No. 2333 (to amendment amendments that may not be germane. or requirements. Even the private com- No. 2332), of a perfecting nature. The majority leader’s amendment in- Lott motion to commit with instructions panies themselves have said, yes, there (to amendment No. 2333), of a perfecting na- cludes all relevant amendments that, is a need for some basic standards. ture. in many cases, if not all of them, are I intend to introduce legislation that Lott amendment No. 2334 (to the instruc- not germane. So unless we get an would allow the Justice Department to tions of the motion to commit), of a per- agreement to add these relevant establish these standards and perhaps fecting nature. amendments, we are precluded from we will not again see an escape of a Lott (for Ashcroft) amendment No. 2340 (to doing so. violent killer of this type. The U.S. amendment No. 2334), to establish a chief ag- There are some relevant amendments Marshals Service also transports of- ricultural negotiator in the Office of the United States Trade Representative. that still need to be offered that are fenders or criminals across this coun- not included in this package. By taking AMENDMENT NO. 2340 WITHDRAWN try, and they have never lost a violent the tree down, those relevant amend- Mr. LOTT. Madam President, I now criminal during that transport. When ments about which we have been very withdraw amendment No. 2340. private companies are contracting with concerned are still pending and would The PRESIDING OFFICER. The Sen- States and cities to haul violent crimi- not be offered if there were objections ator has that right. The amendment is nals, the American public ought to ex- to offering them or if we were not able withdrawn. pect that if they pull up to a gas sta- to bring them to closure. Mr. LOTT. Madam President, it is tion someplace they are not pulling up The second problem we had, of now my hope the Senate can consider next to a minivan that contains three course, was with nonrelevant, non- trade related amendments to the un- or four convicted murderers who are germane amendments. In our discus- derlying African trade/CBI bill. We being handled improperly, by ill- sions and negotiations, we have been have been encouraging Members trained guards, sitting in civilian able to accommodate that concern by throughout this process to be prepared clothing, and potentially able to es- working out an agreement on bank- to offer their amendments. I have stat- cape. ruptcy that I find to be very satisfac- ed previously it has always been our The American public should not have tory that will allow us to take up non- willingness to have Senators offer to accept that risk. We will not accept relevant, nongermane amendments. risks in the transport of toxic waste. these trade amendments. I believe it is time to move forward on this impor- I intend to support cloture tomorrow, We will not accept the transport, with- if that is the only way we can move out standards, of cattle; or for that tant legislation and complete this bill as early as possible this week. this forward. I hope our colleagues will matter of circus animals. Neither do so. It is no longer now a matter of should we accept the transport of con- So I ask consent it be in order for me to send to the desk a series of cleared protecting colleagues’ rights. We are victed killers across this country with- denied that right, not by the majority out some basic minimum standard that amendments that I think are about equally divided on both sides. This will leader or by the parliamentary situa- would guarantee public safety. tion, but by individual Senators who The PRESIDING OFFICER. The ma- be the so-called managers’ amendments to H.R. 434. I would say, we are within their rights, of course, to jority leader is recognized. object to proceeding on this bill. f would offer these en bloc. There may be other amendments that may need to be I want to get this legislation fin- ORDER OF BUSINESS offered that are not on this list. ished. I want to do all I can to protect Mr. LOTT. Madam President, Sen- I ask this so-called managers’ amend- Senators and their rights to offer amendments. Obviously, we will have ator DASCHLE and I have been working, ment be considered en bloc, agreed to really last week and early this week, to en bloc, and the motion to reconsider to find other ways with which to do reach an agreement on the best way to be laid upon the table. that. One way or the other, we are have further consideration of the trade Mr. HOLLINGS. I object. going to continue to work to see if we bill and also the bankruptcy bill. I The PRESIDING OFFICER. Objec- can resolve these difficulties. I appre- want to say right up front that there tion is heard. ciate very much the majority leader’s has been a good faith effort on both Mr. LOTT. Madam President, when I effort to get us to this point. sides. I certainly feel that way toward yield the floor, the bill will be open for Mr. LOTT. Madam President, in con- the Democratic leader. We are very amendment. An amendment can be of- clusion, I yield the floor and observe close to reaching an agreement. I think fered at this point. In my discussion the bill is open for amendment. it is basically a question of showing with Senator DASCHLE, I have indicated The PRESIDING OFFICER. The Sen- each other the actual amendments that if we can get agreement on how to pro- ator from South Carolina. would be involved. But I understand ceed on the trade bill and the bank- Mr. HOLLINGS. Madam President, I the Senator from South Carolina will ruptcy bill, on which I think he and I remember the distinguished minority not allow us to enter into any agree- can agree, I will be perfectly willing to leader’s plea about protecting the ment with regard to the trade bill at take down the tree, too. I want the rights of colleagues. Now instead of this time. Having said that, we will RECORD to reflect that. I have opened protecting the rights, we are given our continue to work to reach an agree- this slot so an amendment is in order. rights on the installment plan. If you ment on the bankruptcy bill as well as Senator DASCHLE may want to com- get in line for your installment, fine trying to find a way to consider the ment on that. business. pending trade bill. The PRESIDING OFFICER. The Like the distinguished Senator from f Democratic leader. New Jersey, he has an amendment that Mr. DASCHLE. Madam President, the majority leader was just presenting AFRICAN GROWTH AND first, while I fully recognize the ability to grant permanent and normal trade OPPORTUNITY ACT—Resumed of the Senator from South Carolina to relations status to Albania. Isn’t that Mr. LOTT. Madam President, with object to this amendment, it is cer- grand? We have gone from CBI, to the that, I now call for the regular order tainly his right. I am disappointed. The sub-Sahara, and now we are back to Al- with respect to the trade bill. majority leader has made, in my view, bania. Next thing you know, we will The PRESIDING OFFICER. The a major step forward in trying to re- have a Kosovo amendment protecting clerk will report the bill by title. solve the impasse. I commend him and Members’ rights to present amend- The legislative clerk read as follows: appreciate the direction he has now in- ments. You can get in the back room A bill (H.R. 434) to authorize a new trade dicated he is prepared to go in an at- and work this out. and investment policy for sub-Sahara Africa. tempt to bring this matter to a close. Here is another one. The Dodd- Pending: The amendment, as the majority Ashcroft-Bond amendment that would Lott (for Roth/Moynihan) amendment No. leader indicated, is one that includes allow a company with operations in 2325, in the nature of a substitute. amendments on both sides. We ex- Connecticut and Missouri to obtain the

VerDate 29-OCT-99 00:15 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.033 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13593 refund on duties paid on imports of nu- rather disappointing, then a second finding— just taken over from government as the big- clear fuel assemblies. Isn’t that won- that it has accounted for 35% of total real gest local employer—have also started their derful? They can bring up that amend- GDP growth since 1994, which should keep e- own lobbying group, CapNet. fanatics happy. Oh, boy it goes on and on and says, ment. That is germane. I am sure it is Perhaps unwisely. A new analysis by Rich- because down in the Caribbean Basin, wait a minute, it has the largest con- ard Sherlund and Ed McKelvey of Goldman tribution group in all of Washington all they have a lot of nuclear down there, Sachs argues that even this definition of particularly in the sub-Sahara. I have ‘‘technology’’ is too wide. They argue that of a sudden. Five years ago they were traveled there and I have gone to see since such things as basic telecom services, not even around. all the nuclear plants in Nigeria and television, radio and consumer electronics That is what it says on page 23 of this Ghana and the Republic of Congo, have been around for ages and they should be October 30 edition of the London Econ- Brazzaville, the French Congo, and the excluded. As a result, they estimate the com- omist. puting and communications-technology sec- You ought to read these magazines. rest. It is wonderful to see all those nu- tor at a more modest 5% of GDP. ... Somehow, maybe that is what col- clear powerplants. That is another ger- But what, might you ask, about the Inter- leagues can do on the weekends. Be- mane amendment. net? Goldman Sachs’s estimate includes cause if you read Time magazine, if Then the distinguished Senator from Internet service providers, such as America Montana has a sense-of-the-Senate Online, and the technology and software you read the London Economist, if you amendment that it is the Senate’s view used by online retailers, such as Ama- read the Washington Post, you can find that Japan should open its tele- zon.com. It does not, however, include trans- out what influence it can have up here. The devastating impact, of course, is communications sector. Now we have actions over the Internet. Should it? E-busi- somehow, really, we ought to get rid of gone from CBI, to sub-Sahara, and we ness is tiny at present, but Forrester Re- search, an Internet consultancy, estimates the textile industry and we ought to are all the way around to Japan now. that this will increase to more than $1.5 tril- get rid of all these smokestack indus- With this deal, you can move things lion in America by 2003. Internet bulls cal- tries and everything else. That is what around. It is bargain basement time— culate that this would be equivalent to about they said to them in Great Britain this sort of parliamentary Filene’s that 13% of GDP. Yet it is misleading to take the years ago: that we will go from a na- opened up on the weekend. I did not total value of such goods and services, whose tion of brawn to a nation of brains; in- know you could get all of these things production owes nothing to the Internet. The stead of providing products, we will over the weekend. value added of Internet sales—i.e., its con- The Roth amendment, the distin- tribution to GDP—would be much less, prob- provide services; instead of creating ably little more than 1% of GDP. guished chairman of the Finance Com- wealth, we will handle it. Of course, mittee would ensure existing reports But with the contributions, it has a they have gone to second rate. They regarding trade-related matters are 100-percent impact on this particular have the lowest GDP growth and have submitted to the Finance and Ways body when we would see it with about created two levels of society. I came over only because of the unan- and Means Committees in addition to 1-percent impact actually on the econ- imous consent request. But I have the the committees already designated. We omy. But politically it has gotten articles with respect to the U.S. News have the Government Operations Com- where you pick it up in the weekend & World Report, and Mort Zuckerman 2 mittee with jurisdiction in this bill. news magazines. Time magazine—talk- weeks ago, that I had inserted into the Clarification regarding rules of ori- ing about the move of Fruit of the RECORD about how we are going to two gin for silk products, an amendment Loom, with its 17,000 jobs from Ken- levels of society. Now we see the maga- requested by the President. Tell him to tucky, its 7,000 jobs from Louisiana, zines and the title: run for the Senate like his wife. going down to the Cayman Islands, An amendment requested by the with its executives contributing over The new economy e-exaggeration. The dig- $500,000 to the Presidential race of Gov. ital economy is much smaller than you President to clarify the rules of origin think. regarding silk products. This clarifica- George W. Bush, and others, and of It is really a bummer for the main tion is part of a settlement reached in course of, the Democrats. They know and simple reason it does not create a dispute between the United States how to give to both sides. jobs, it does not help with the exports. and the European Union—not sub-Sa- But with those contributions, it is It is not helping with the growth at all. hara, not CBI, not a Senator, but sooey not 1 percent of the effect, it is 100 per- It is small income growth, and imbal- pig, everybody come, just get whatever cent, and we come around and start anced mix of jobs, and a poor export you want. changing the rules. When the computer prospect. In fact, Eamonn Fingleton, I am ready to deal because I have industry came to town—that was the distinguished author of ‘‘Blind- worked into a position where I can deal American Online, Gateway, and all the side,’’ now has put out his book ‘‘In now. That is the way trade is treated in rest of them—our friend Bill Gates, Praise of Hard Industries,’’ and com- the Senate. It is a very sad thing for talked all of us. We sat around the pares exactly the hard industries and the main and simple reason we have an table and then rushed out with Y2K their contributions to the economic se- extremely important matter not only legislation. It can’t even happen until a curity and power of a nation compared for textiles but with respect to the gen- couple months from now or more, but with the e-commerce or the informa- eral mindset of the National Govern- we changed all the State tort laws. tion society, what he calls the ment. Why? Because of the contributions. I have heard time and again on the I think they have an article with re- deindustrialization group. floor of the Senate how the e-com- spect to just exactly that in the same The postindustrial jobs, that is what it is, magazine. Here in the magazine they the postindustrial jobs of people of consider- merce and the telecommunications in- ably higher than average intelligence. It dustry, the information society, the have taken judicial notice, as we used to say in the law: does create jobs for the top 2 or 3 percent. semiconductors, software, Microsoft, You have to be a whiz kid to be one of the and all the rest are an engine that is The rise of America’s high-tech industry is 22,000 who work for Bill Gates out there at really barreling this economy forward not just a windfall for presidential hopefuls. Microsoft in Redmond, WA. I have had the of the United States. I was very inter- It could also be a godsend for the liberal po- privilege of visiting there and meeting with litical tradition. ested in reading over the weekend those folks. about the impact. I refer in particular But the high-tech industry have Right to the point, according to Time to the October 30 edition of the London come to town now, and they have dou- magazine, with their stock options, Economist: bled their effort on all scores. you have 22,000 millionaires. They are A study published in June by the Depart- The Technology Network (TechNet), a powell paid. But heavens above, that is ment of Commerce estimates that the digital litical action group founded two years ago in not middle America. That is not jobs economy— Silicon Valley, has just set up a second office for everybody. What we are talking in Austin, and plans to open more chapters about is—of course, the computeriza- That is what they are talking in the future—an attempt to influence policy about— at both state and local level. Companies in tion, has assisted—but more than any- the hardware and software of the computer Washington, DC—home of America Online, thing else, with robotics we have be- and telecoms industries—amounts to 8% of America’s biggest Internet service provider, come a very productive society for not America’s GDP this year. If that sounds and a city where the computer industry has the best IQ laborers in our society but

VerDate 29-OCT-99 01:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.036 pfrm01 PsN: S01PT1 S13594 CONGRESSIONAL RECORD — SENATE November 1, 1999 for normal folks such as you and me because we manufactured and produced States of America. If it continues at who can get the job. hard goods. Last week, I put into the this particular rate, by the end of next According to Fingleton and Michael RECORD that we have really gone out of year, 2000, it will have a bigger gross Rothchild, 20 percent of the American business with respect to shoes and tex- domestic product; it will have a larger workforce will be marginalized by the tiles and machine tools and steel. We economy, the largest in the world. move to an information-based econ- are importing steel. Can you imagine— John Schmitt and Lawrence Mishel omy. That amounts to a shocking 25 the United States of America is a net pointed out that the per capita gross million people. We are not just talking steel importer. That is why we have domestic product actually grew faster about textiles for the CBI and sub-Sa- had a hard time getting a ruling. We in Japan than in the booming United hara. We are talking about the basic, have had to take the case all the way States for the first 8 years of 1990. The formative industry in America really from the International Trade Adminis- distinguished Senator from New York supporting our society. And with 25 tration to the commission and back and the distinguished chairman of our million, they can give you all of these over to the White House trying our Finance Committee started off the de- particular statistics about unemploy- dead level best to save the No. 1 indus- bate on Friday that way: What a won- ment and otherwise, but I can tell you try important to our national security. derful economic boom we have had. We now, those are retail jobs and part- But we don’t have anything now to ex- have to sober up. We have to look at time jobs for people who have lost their port. the real facts. jobs in textiles—some 31,200 in South When you look to software, you have Actually, our competition is growing Carolina since NAFTA—that they have the language difficulties, the cultural much stronger and much faster than had to seek out as best they can. That difficulties with respect to that soft- we are. Japan’s performance has been is a loss of some 25 million jobs. It is a ware. You have the proposition of pi- even better than the comparisons sug- slow-income growth. For example, the racy, and they can steal and reproduce gest. For a start, the figures measured ultimate authority on the income immediately this software overseas. gross domestic product, whereas the growth or the new economy is the Or- This is the most important thing to most appropriate yardstick for com- ganization of European Community emphasize because they have people parison is gross national product. The Statistics and Figures, the Paris-based smart enough about software outside of distinction, of course, is that the GNP Organization of Economic Cooperation the United States. They assume all of is a more comprehensive measure. Un- and Development. these skills are just here, which is ab- like gross domestic product, it takes in For those who believe in the superiority of solutely fallacious. That is why they account the debits and credits relating the U.S. postindustrial strategy, the 1998 edi- are trying to change the immigration to cross-border investments. tion of the yearbook makes distinctly chas- laws. The United States has become an in- tening reading. It shows, with a per capita The software people are coming up creasingly large net importer of capital income—about $27,821 a year—the United here because they want to take all the in recent years. Its GNP is actually States trails no fewer than eight other na- smart people the world around and now considerably less than its GDP. By tions. bring them into this country. contrast, Japan has long been a major Last week when I was talking about Let’s talk about Japan, which is sup- net exporter of capital and its GNP is the United States going out of busi- posed to be going broke. That has par- considerably larger than its GDP. ness, look at this: We trail Japan, Den- ticularly nettled me, and I am glad to These are the kinds of things that have mark, Sweden, Germany, Austria, get the exact figures, because they to be taken into consideration. The yen Switzerland. You can go right on down have calculated a controlled kind of has been gaining a net 24 percent be- the list. They are into the manufac- capitalism through their Ministry of tween 1989 and 1998 on the dollar. turing and the middle class of America. Finance and their Ministry of Inter- I saw that in the Financial Times Manufacturing over in those other national Trade and Industry. They al- last week. I put that article in. If we economies have outpaced the United locate the financing of a particular in- continue with this deficit in the bal- States in interim growth with 134 per- dustry and then they control the local ance of trade, there is bound to be a decent compared to our 106 percent over market. valuation. In this regard, if other the same period. The wages of Amer- We act as if we have led the way for things are equal, the strength of a na- ica’s post-industrial workers are gen- 50 years on liberal trade and have bro- tion’s currency is the ultimate deter- erally much higher than the American ken down the barriers, as one of the minant of the size of its economy, the average. Naisbitt jumps to the com- distinguished proponents said only last ultimate symbol of its economic pletely fallacious conclusion that a Friday. That is why I brought that health. In the 1960s, President John F. general shift by the United States into thick book. Just on textiles alone, bar- Kennedy felt so strongly about this post-industrialism or the information riers persist around the world, specifi- that he ranked dollar devaluation society will result in a general boost in cally in the sub-Sahara and the CBI, alongside nuclear war as the two wages. The fallacy here is that Naisbitt specifically no reciprocity in this par- things he feared most. assumes that post-industrial wages are ticular treaty—that is the thing we are Let us get right to a particularly in- higher by dint of the superior economic trying to emphasize. Those things con- teresting section here: the clearest evi- virtues. In reality, the high wages paid, tinue. Japan now is supposed to have dence of the lengths to which Japanese such as in the software industry, mere- gone broke. Let’s see how they com- leaders are prepared to go to under- ly reflect the fact that some businesses pare. state their economy. They know how generally recruit exceptionally intel- The living standards and everything to talk rather than run around beating ligent and capable workers. But it is a have really improved. In fact, with the their breasts like American politicians very small group of people earning this so-called almost depression that was saying how great we are, the only re- income. described in the Wall Street Journal, maining superpower. We are going to The leader in income growth, of there was a less than 4 percent unem- blow them off the map and, of course, course, for the entire period from 1980 ployment rate, less than 4 percent in if they don’t move with the Air Force, to 1998 is South Korea, because it has the first 8 years of the 1990s up to early we are not going to invade, or anything gone, not for high tech, but for hard 1999. The highest it had been at any else of that kind. It is almost embar- goods. Of course, they tried to say this stage was 4.4 percent. Japan’s total ex- rassing, this braggart attitude of information society or post-industrial ports during that period rose by a cu- United States politicians. America is really going to create those mulative 53 percent in the first 8 years. Perhaps the clearest evidence of the jobs, but in truth, it does not. Without That represents real growth of more lengths to which Japanese leaders are pre- those jobs, they have slow income than 18 percent. pared to go to understate their economy’s growth and poor export prospects. So Japan is still coming on as an eco- true strengths is in the way they talk about the Japanese Government’s budget. All We have all been talking about the nomic superpower at this minute—the through the 1990s, they have suggested that matter of agriculture, which is a mag- little island of 125 million versus the the government has been running huge defi- nificent contribution to our exports. great United States with its 260 mil- cits—deficits ostensibly intended to stimu- We used to export a lot of hard goods lion. Japan outproduces the United late consumption, particularly consumption

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.038 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13595 of imported goods. So successful have they World Report, from David Gergen, he having had the audacity to come in been in this regard that America’s most re- got back to my particular premise, with nuclear, Japan, Albania, distilled spected media organizations—organizations that what we ought to do is double the spirits, and what have you, but not of the caliber of the New York Times, the take a formative, relevant, serious con- Washington Post, and the Wall Street Jour- teachers’ pay. You get what you pay nal—have fallen for the story. Thus, year for. Average pay is $37,000. The average cern that we have on this particular after year, Americans have been treated to a pay in my State is down to $31,000. I see bill. deluge of reports that Japan was supposedly the young graduates coming across the I didn’t like NAFTA. But, be that as running huge government deficits. In reality, stage and they say: Senator, I would it may, it had side agreements on both as authoritative figures from OECD dem- like to have gone into teaching, but I the environment and labor. I have a onstrate, Japan was running huge govern- could not save enough money to send side agreement to present on the envi- ment surpluses. In 1995, for instance, the my children to college. Yet, we are ronment. I want them to allow us to year when the Wall Street Journal reported vote on that side agreement for the that Japan was running a budgetary deficit bumping into each other, saying how we are all for education. We can be all CBI and the sub-Sahara. I want them of 2 percent, the OECD found that the gov- to let us vote—at least a vote. Don’t ernment achieved a budgetary surplus of 3.5 for it or all against it. The most you percent. In fact, according to OECD’s figures, are going to spend is 7 cents out of get here with a technicality after you which were published each year in the widely every dollar. It is a local matter. We have sneaked in all your Japanese, Al- circulated yearbook OECD In Figures, not are Senators and we have to get on to banian, Missouri, and nuclear amend- only was Japan’s surplus one of the strongest the things the local and State governments here this afternoon when nobody of any OECD nation, but Japan was the only ments do not take care of, and that is is in town and then come tomorrow major nation that had a budget surplus at all when the Senate is in full session and that year. By comparison, the United King- trade. That is the economic strength and viability and security of the say, oh, no, that is not germane; we dom, for instance, ran a deficit of 5.0 percent have rules of rules. They will get to be and America’s deficit was 2.2 percent. United States, the sustenance of the middle class. That is why I am talking rules of rules tomorrow. One is reci- Well, this Senator knows better than procity. We have tariffs that are being about these particular figures. anyone how they didn’t really continue really merged out and disassembled out to call deficits surpluses. I put that in In the first seven years of the 1990s, America’s current account deficits to- because under the Multifiber Arrange- the RECORD, and I will put it in the taled $726 billion, up 79 percent. Thus, ment we had a 10-year blend-out of it RECORD again time after time. The De- and a termination. So now we are en- partment of Treasury’s figures showed despite a massive devaluation of the dollar that supposedly brought a dra- tering the last 5 years. that they had $127 billion deficit last But there are still some tariffs that matic turnaround in American com- fiscal year. Now, true it is, they had ought to be reconciled with the CBI petitiveness that would soon dispose of some carry-over amount, which con- and the tariffs in the sub-Sahara, so we the deficits for goods. cluded to be about $16 billion. So, at can get some modicum of reciprocity Madam President, for the first 8 best, it would be $111 billion to $112 bil- when they talk about the trade adjust- years of the 1990s, Japan’s current ac- lion deficit—not a surplus. That is the ment assistance. That takes gall to do count surpluses totaled $750 billion. debt of treasury at year end, Sep- that. They say it is unconscionable to That was more than 21⁄2 times the total tember 30, 1999, for fiscal year 1999—a oppose this bill. I will say it takes gall of $279 billion recorded in the first 8 deficit, not a surplus. But these news- to talk about trade adjustment assist- years of the 1980s. So all during the papers pick this up, and we have al- ance, which is nothing more than wel- ‘90s, we have been reading and telling most got a cheering section carrying us fare payments putting people out of each other these fairy tales. One, that into bankruptcy. Continuing to read, it work. the information age is upon us and the says: So they say: Hurry up, we have to get information society, and post-industri- So how strong is the Japanese economy this bill done because we have 200,000 of really? alism has taken over. The computer those put out of work who have lost software and so forth is the engine of Eamonn Fingleton said, in this book their jobs as a result of these silly the economy that is barreling us for- Hard Industries: trade agreements—these one-way ward into global competition. False. It streets that the Senate has ratified and From his vantage point in Tokyo, he has is taking us down into very precarious seen little since then to undermine his con- agreed upon. You wouldn’t have to fidence in his analysis. Certainly, he has straits. We are relying upon it, and we have trade adjustment assistance if been vindicated in his central point, which are going to eliminate the middle class you just let them trade, if you just let was that Japan’s current account surpluses and the workforce of America. Other- them work, and not put them out of would continue to soar in the latter half of wise, we have been told time and time business. the 1990s, thus, giving the lie to much talk in again about how Japan has been going But the great merit, according to the the American press in the mid-1990s that Ja- down and we have been going up. We senior Senator from New York, on this pan’s export industries would be disastrously have had 8 years of the boom, with the particular measure is, back in Ken- hollowed out by South Korea and other low- lowest inflation, the lowest unemploy- wage East Asian nations. nedy’s days, 37 years ago, we passed . . . the truth is that, at last count, Japan ment; but we have been giving away trade adjustment assistance. I don’t was producing $708 billion in new savings a the store. want that to infer that John F. Ken- year—or nearly 60 percent more than Amer- Mr. President, I wasn’t prepared to nedy was against textiles. Thirty-eight ica’s total of $443 billion. get into this general item this after- years ago, President John F. Kennedy They are saving twice as much. noon, but it is salutary that we were put in his seven-point textile program . . . Japan’s net external assets jumped able to touch on it so we can talk sense and one-price cotton looking out for from $294 billion to $891 billion in the first to the American people, because what the cotton farmer. seven years of the 1990s. By contrast, Amer- we have with the CBI, the sub-Sahara So the Senator from Massachusetts, ica’s net external liabilities ballooned from bill, is an extension of NAFTA to the then President, was very aware of the $71 billion to $831 billion. Caribbean Basin Initiative; and so the economic viability of these United Madam President, the reason we con- sub-Sahara. If you are in with or close States of America. He knew what was tinue to give these figures with respect to the leadership, you can take care of keeping the country strong and what to this particular bill is that we are in Japan, Albania, and operations in Con- was necessary to keep the country deeper trouble than most Senators re- necticut and Missouri to refund some strong. So he put that in. He wasn’t alize. They are all talking about money on nuclear fuel assemblies. You bragging about having to put in trade whether they are human, or whether even can get a distilled spirits tax adjustment assistance. He was just try- they have on an overcoat, or a jacket, fixed. ing to reconcile the successful United or whatever nonsense it is about run- You watch it. States at the time with the other trad- ning the campaign, and who all is for I am going to present an amendment ing nations, giving them a chance education. Everybody is for education to put side agreements that we had on under the Marshall Plan to rebuild and wants smaller classrooms, or bet- NAFTA on this particular bill, and you their economies. ter math and science programs. We fi- can bet your boots they will stand At that particular time, they said to nally got, again—in the U.S. News and down there and say it is not germane, me, as Governor: Governor, what do

VerDate 29-OCT-99 01:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.041 pfrm01 PsN: S01PT1 S13596 CONGRESSIONAL RECORD — SENATE November 1, 1999 you expect these Third World emerging see the fix is on. They are going to roll wise. They say the President wants nations to make? Let them make the over this particular Senator and get rid this; the minority leader says it is his textiles and the shoes, and we will con- of what little textile industry we have duty to give the President what he tinue, and we will make the computers left. wants. The other side of the aisle has and the airplanes. My problem now, in There will be a few of the real com- been wanting to do away with all kinds November 1999, is those countries are petitors; the Roger Millikens will last. of trade agreements and market forces, making 86 percent of the shoes worn on They put money in, and they know how and Adam Smith has long since gone in the floor of the Senate. I can see them to run an industry and they will sur- this global competition. It ought to de- now. These countries also are making vive. But generally speaking, they pend on market forces. They depend on two-thirds of the clothing that I see, can’t survive. The reason they can’t protection. Of course, so does the other looking at in this Chamber, imported survive is on account of us. We Demo- side of the aisle when it comes to intel- into the United States. crats, we Republicans, we Senators and lectual property, movies, books, copy- Look at the contracts made by USAir Congressmen have many requirements righting, when it comes to protecting and all of the other airlines concerning called the American high standard of the talents of the individual producers, Airbus. They are making the planes light. That standard calls for Social the authors, writers, singers, and per- and dumping them here in the United Security, Medicare, Medicaid, plant formers. Fine, let’s have protection for States. They are making the com- closing notice, parental leave, safe them. But for those who work by the puters and dumping them in the United working place, safe machinery, clean sweat of their brow, that is protec- States. The Japanese have taken over air, clean water, all of these things, tionism and a terrible thing. We are the computer industry, in spite of labor rights, and otherwise. And it is isolationist and we are unconscionable. Sematech, in spite of Microsoft, in one of these things in the global com- Maybe they will have another con- spite of Intel. petition that is not required. On the sent agreement similar to this one, and We have to be not pessimists nor op- other hand, they have the comparative I will have another opportunity to timists but realists. advantage of their governmental poli- talk. I appreciate the indulgence of my Here on the floor of the Senate is a cies. colleagues this afternoon. good moment to really bring every- I wish Ricardo were here because he Mr. BAUCUS. Mr. President, I am thing into focus because the leadership didn’t think finance could be trans- proud to stand on the floor of the said we are now going to vote cloture ferred so easily, that the bankers world’s greatest deliberative body. I’ve tomorrow and the minority leader is would all stay close to their home folks been proud every time over the past not going to ask them to vote against and depositors. Now you can transfer it twenty years that I have had this privi- it. That is exactly how NAFTA was on satellite by computer, in a flash, lege. I can think of no greater honor passed. and you can get capital anywhere. You than to discuss with my Senate col- I will never forget the New York can send on a computer chip the tech- leagues issues of vital importance to Times article. I wish I had it. But I will nology and save 20 percent of your our nation. try to get it and put it in the RECORD labor costs by moving to low-wage off- So I am deeply distressed that I have tomorrow. But in NAFTA, the Presi- shore countries. So a company in the not yet had an opportunity to discuss dent then just bought off the sufficient United States with $500 million in sales important trade issues. Last week, the votes to pass NAFTA. I will never for- can save 20 percent, or $100 million, by majority leader chose to cut off consid- get. He gave a cultural exchange to my keeping its main office and its sales eration of amendments to the Africa friend, Jake Pickle of Texas. He gave force here in the United States, send bill, the only trade bill which will two C–17s to another Texas fellow. He its manufacturing to a Third World, reach the floor of this honorable body. gave another particular freebie, and low-wage country, and make $100 mil- That bill included amendments which they went down with the 26 giveaways lion, or they can continue to work had bipartisan support. Because of this to pick up the 26 votes. their own people and go broke because bizarre process, we can’t even act on Here on this solemn afternoon, we of competition. Senator HARKIN’s amendment to com- have the same deal going. They are That is why on last week I inserted bat child labor, which has widespread buying off the votes. They are getting part of an important book in the support. it on nuclear fuel assemblies. We are RECORD. I will get that book again and I had filed two amendments to the getting it on the Japanese tele- show you that all of them are leaving bill, both of them trade-related. Both communications. We are getting it on here in the United States—Dan River, of them issues which are extremely im- Ways and Means and Finance Com- the corn mills, Burlington, all of them portant to Americans. I am very dis- mittee rules. We are getting it on silk are going down. It is not the sewing op- appointed that we were locked out of products of the United States and the erations alone, it is fabric plants, and, discussing them. However, with the European Union. We are getting it on of course, the Japanese, the Koreans, new filing of cloture, I hope that we Albania. We just go right down—on and, most of all, the Chinese, the Peo- may have the chance to talk about Kyrgyzstan. What in the world? ple’s Republic of China. these important matters. Kyrgyzstan. I don’t know about that. They are whining on the other side of One of the amendments allowed for Now we are in Asia Minor. I am almost the aisle about most favored nation for tariff cuts on environmental goods as at Bible school. Asia Minor. This proce- China. Look at a most-favored-nation part of a global agreement in the WTO. dure has gotten to be a disgrace. They Chinese vote and anyone will see a vote The measure has the support of both buy enough votes and they win. They for this bill. business and environmental groups. have 11 of them listed here on the so- China, we have sub-Sahara; put up This is a rare instance where both sides called managers’ amendment. So they the front companies and put up the of the trade-environment debate agree put them all in there and take care of production of the People’s Republic of on something. It’s a shame that the those 11 votes so they will know that China through the sub-Sahara. Senate cannot move forward on some- they will get cloture. The arrangement that those folks re- thing so sensible. It is wonderful to serve in this body. lied on some 5 years ago; they better The second amendment concerned But it is better to be heard because it batten down the hatches because I agricultural subsidies. American farm- is important that we be heard. I can don’t know how they will get the ers are the most productive in the tell you here and now, when the ATMI money out of the machinery and sur- world. But they’re being frozen out of wakes up, the American Textile Manu- vive with this particular measure. It is foreign markets by European and Japa- facturers Institute, and they put in the drastic. It is unconscionable. They say nese subsidies. I filed an amendment sub-Sahara along with the CBI, I want we are unconscionable; I say they are that would fight back by funding our to see them at that party. They are unconscionable. Export Enhancement Program. going to hold a victory party because We can see how the majorities are This amendment required the Sec- they supported this particular bill. fixed. We have not had any real debate retary of Agriculture to target at least That is going to happen. That is ex- on the floor of the Senate on trade as two billion dollars in Export Enhance- actly what is going to occur. You can a matter of national policy or other- ment Program funds into the EU’s

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.043 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13597 most sensitive markets if they fail to portunity portion of the bill. But I sup- duties into an account. Customs holds eliminate their export subsidies by ported the Chairman’s mark, which in- the money until renewal legislation is 2003. It’s time to start fighting fire cluded a provision requiring U.S. fabric signed. Eventually the companies get with fire. This ‘‘GATT trigger’’ should for apparel products produced in eligi- their money back. But they don’t know provide leverage in the next round of ble sub-Saharan African countries. how long renewal legislation will take. the WTO in reducing grossly distorted Developing markets is in the best in- So they don’t how much they’ll have to barriers to agricultural trade. terest of us all. And the trade bill set aside, or how long the money will it I voted against cloture last week be- would help Africa move in that direc- be in escrow. cause I objected to the way the major- tion. But this bill is about more than How can we expect businesses to op- ity leader handled the bill. I was denied trade. It is about hope. erate efficiently under such conditions? the ability to do what the people of It is about bringing the struggling These cycles of GSP lapsing and then Montana sent me here to do. But I sup- nations of Sub-Saharan Africa into our being renewed represent government at port the bill itself. I support each of its democratic system. It is about estab- its worst. We have a responsibility to elements—the Caribbean Basin Initia- lishing stability and a framework provide business and consumers with a tive, the Africa Growth and Oppor- wherein the citizens of these nations consistent, predictable set of rules. We tunity Act, and the renewal of both can enjoy the fruits of prosperity. It is need to fix this GSP lapse as quickly as Trade Adjustment Assistance and the about building a bridge between the possible. Generalized System of Preferences. United States and Africa that will be a Mr. President, a lot of effort, a lot of I have long supported efforts to ex- model for all nations. thought, a lot of time has gone into tend additional tariffs preferences to The third part of the bill renews the this bill. Much time has also gone into the Caribbean Basin. But with condi- Trade Adjustment Assistance Program. formulating amendments. It was a tions. The benefits should be condi- This program is vital to help our work- great disappointment to see this effort tioned on the beneficiary countries’ ers adjust to the new forces of unravel over partisan politics. We may trade policies, their participation and globalization. have a second chance this week. Let’s cooperation in the Free Trade Area of I have seen the effects of this pro- not squander the opportunity. We can the Americas (‘‘FTAA’’) initiative, and gram in Montana. We have been well and should work together to pass this other factors. This trade bill is sub- served by the efforts of Gary Kuhar, bill. stantially similar to the version I sup- Director of the Northwest TAA Center We were elected to his body to pass ported in the 105th Congress with some in Seattle, Washington. legislation not to bicker. Let’s do what reservation. Impact on Montana—Montana cur- the people sent us here to do. I see a flaw in the bill, however, and rently has six firms affected by TAA I yield the floor and I suggest the ab- would like to work to repair it. The bill funding, including: sence of a quorum. suggests criteria the President can use Montana Moose—Christmas orna- The PRESIDING OFFICER. The when deciding whether to grant CBI ment operation, clerk will call the roll. benefits. It is a long list of about a Ranchland—a cattle operation, The legislative clerk proceeded to dozen items. Criteria like Intellectual Mountain Woods—furniture designer, call the roll. Property Rights. Investment protec- Western States—pellet operation, Mr. GRAHAM. Madam President, I tions. Counter-narcotics. Each one is Sun Mountain Sports—manufacturer ask unanimous consent that the order important. The bill should make these of golf bags and other ripstops, for the quorum call be rescinded. criteria mandatory. Burt and Burt—wind chimes, and In particular, I believe that the Kahlund Enterprises—picture frames The PRESIDING OFFICER. Without President should be required to certify producer. objection, it is so ordered. that CBI beneficiaries respect worker In fact, the renewal of Trade Adjust- Mr. GRAHAM. Madam President, I rights, both as a matter of law and in ment Assistance translates to 330 Mon- ask that we return to morning business practice. We can’t maintain domestic tana employees impacted and approxi- for a period of 30 minutes for remarks support for open trade here at home mately $44 million in gross annual on the Labor-HHS conference report. unless our programs take core labor sales preserved. The PRESIDING OFFICER. Without standards into account. This legislation is long overdue. objection, it is so ordered. We want to help our Caribbean neigh- While we delay, certified firms anx- f bors compete effectively in the U.S. iously await funding. This is fun- D.C./LABOR-HHS APPROPRIATIONS market. But we don’t want them to damentally unfair—especially for firms Mr. GRAHAM. Madam President, the compete with U.S. firms by denying fighting import competition that is be- their own citizens fundamental worker yond their control. business before the Senate will soon be rights. They cannot afford to wait while the conference report on Labor Depart- It only seems reasonable that as we TAA is caught up in the annual battle ment and Health and Human Services help the economic development of for funding as the ‘‘perennial bar- and Education appropriations bill. We these nations, we also help them en- gaining chip’’ for other trade proposals. are now considering various trade force the laws already on their books. That’s just ineffective government. It’s measures. Since we will be taking up The majority of these countries al- time to pass this legislation. the D.C./Labor-HHS conference report ready have the power and only need the Finally, let me say a word about GSP tomorrow, I appreciate the Presiding will to ensure that their citizens see renewal. This is the fourth part of the Officer’s generosity in allowing me to the benefits of enhanced trade—decent trade bill. This is also a question of ef- discuss this very important piece of wages, decent hours and a decent life. fective government. Over the years, the legislation. Overall, I believe that CBI parity is program has lapsed periodically when I think it is fair to describe that one the right thing to do—if it does what it renewal legislation was delayed. The night within the last few weeks, is intended to do. That is lift the peo- latest lapse occurred on June 30. Four through back-door negotiations, var- ple of the hurricane devastated coun- months later, we still haven’t acted on ious members of the Senate and House tries out of poverty and ensure them a its renewal. of Representatives Appropriations better way of life. Who gets hurt? Not just foreign com- Committees crafted the conference re- I also believe that the U.S. must lead panies. A lot of American firms get ports that we have before us today. The by example. Sensitively to labor and hurt. That includes both American im- end result was that a very large ele- environment must play a role in our porters and exporters. A lot of the phant, weighing $313.6 billion, The trade decisions and actions around the American firms produce abroad and Labor/HHS conference report, being world. then export to the United States. Much placed upon the back of a relatively It’s tragic that partisan politics of this is internal company trade. small and not particularly compliant keeps the United States Senate from That’s the reality of today’s global ant weighing $429 million, the District taking these actions. economy. of Columbia’s Appropriations bill. I have the same concerns about labor When GSP lapses, these companies Out of that marriage of elephant and in terms of the African Growth and Op- are suddenly required to deposit import ant, we now have before the Senate the

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.014 pfrm01 PsN: S01PT1 S13598 CONGRESSIONAL RECORD — SENATE November 1, 1999 conference report on the District of Co- diate future, the description I have petitive bidding. Let me use an exam- lumbia with the enormous addition of a given is essentially an accurate rep- ple from my own State. One of the $313 billion of Labor-HHS ‘‘rider’’. resentation. other provisions in that 1997 Balanced Unfortunately, when these bizarre What has been the result of this reli- Budget Act was to set up competitive marriages occur, the public interest is ance on a percentage of fee-for-service bidding on the Part B, or hospital com- not necessarily served. This parliamen- within a narrow, local area on the ponent of Medicare, as it related to a tary tactic has stolen from Members of amount that HMOs are reimbursed? It variety of items, including durable the Senate the right to offer motions has resulted the fact that in many medical equipment. The demonstration instructing the conferees on how we be- areas of your State and mine, where for durable medical equipment was set- lieve they should proceed in con- fee-for-service charges are relatively tled to be in Lakeland, FL. ference. We have also lost the right to low—that is particularly true in rural In its first year, this project has sub- challenge the existence of authorizing areas—there are no HMOs. Why? Be- stantially reduced the amount Medi- legislation on an appropriations bill cause HMOs cannot economically jus- care pays for the five products that during the process of negotiation be- tify operating with the reimbursement were included in the demonstration, tween the two Houses. There will be no levels they would get based on 95 per- and in that one community has saved opportunity for Congress or the Presi- cent of those relatively low fees for Medicare approximately $1 million. dent to independently consider the service. What are the areas that are being Labor, Health and Human Services and On the other hand, in some areas competitively bid? Let me say that Education Appropriations bill. While which have very high fees for service— these products, durable medical equip- one is an elephant and one is an ant, for instance, an area that has a large ment, for most of America today are they are both important and deserve tertiary hospital, particularly one as- the subject of a price list. It would be separate and distinct consideration. sociated with a medical school where as if you suddenly needed, let’s say, a There is not the opportunity to pro- costs tend to be very high because of wheelchair—you had broken your leg test the inclusion of items which were the nature of the service they provide— and you had to have a wheelchair for not included in either the Senate or that community will have a high fee- temporary use—and the way you would the House bill, or were so altered as to for-service rate. Therefore, 95 percent pay for that wheelchair, or decide what be unrecognizable. This bill is purely of that high level will result in high re- was the appropriate rental for the the creation of that late-night negotia- imbursement levels for HMOs. So, you wheelchair, was to have Government tion. This lack of democracy has al- have not just one HMO, but typically give you a price list and say this is lowed the will of a small minority to many HMOs that want to compete to what thou shalt pay to purchase or triumph on a variety of provisions of get that fixed-formula-based percent- lease that wheelchair. That is exactly great importance. I will take the op- age of fee-for-service reimbursement. what Medicare does today for a list of portunity this afternoon to focus on The purpose of the 1997 action of the hundreds of durable medical equipment only two of the issues that are a part of Congress was to try a different model; items. So we are going to find out, was this marriage of elephant and ant: to not rely on this central planning use there a different way to establish what First, the proposal to terminate com- of fee-for-service but rather go out and those prices should be? Was there a petitive bidding for Medicare’s pay- test the marketplace. What will the means by which we could use the mar- ment of health maintenance organiza- market in a rural area say is called for ketplace to set the price? That was the tions’ reimbursement; and, second, pre- to engage managed care as an option purpose of the demonstration in Lake- venting the Congress from fully fund- for Medicare beneficiaries? What is the land, FL. ing the Social Service Block Grant appropriate level of HMO reimburse- What results? Competitive pricing Program. ment in a large urban area with high has reduced the price of oxygen sup- Let me begin the discussion with the fee-for-service costs? That was the pur- plies and equipment by 17.5 percent absconding of funds from two congres- pose of this competitive bidding dem- over what was on that price list, for ex- sionally authorized competitive pricing onstration project. actly the same oxygen supplies and demonstrations. This takes us back 2 The Balanced Budget Act, in con- equipment. Competitive bidding for years to 1997 during the consideration junction with the Health Care Financ- hospital beds and ancillary hospital of the Balanced Budget Act. Both ing Agency, set up a structure which items has been reduced by 29.8 percent Houses of Congress voted to create included area advisory committees. by competitive bidding as opposed to demonstration projects based upon These committees consisted of health the price list. For enteral nutrition, community participation in an at- plans, providers, and beneficiary rep- where a person is taking his or her nu- tempt to learn more about how HMOs, resentatives. It was decided the two trition through intravenous means which provided services to Medicare communities in which demonstrations rather than more normal oral means, beneficiaries, could be priced; that is, would take place were Kansas City and the price of that has been reduced by how the amount of that reimbursement Phoenix. The function of the area advi- 29.2 percent as a result of competition, from the Federal Government could be sory committees was to recommend rather than using the price list. Sur- determined by competitive bidding. how to best implement the competitive gical dressings have been reduced by In order to understand what this pricing demonstrations in these two 12.9 percent, and urological supplies by issue is about, I am afraid some discus- communities. 20 percent. All of these savings were ac- sion of how HMOs currently are priced Unfortunately, in the bill that will be complished by the use of competitive when they provide services for a Medi- before us tomorrow, the bill that the bidding as opposed to relying on almost care beneficiary is required. In a sim- conference has reported as the funding a Soviet system of a prescribed price plified form, the way in which an HMO for Departments of Labor, HHS, and list. receives reimbursement when it pro- the District of Columbia, all funding It is estimated, if this Lakeland dem- vides funds to a Medicare beneficiary is for these two demonstrations in Kansas onstration were to be applied on a na- a function of how much is paid within City and Phoenix has been removed, re- tionwide basis and applied to a broader that county for fee-for-service pay- moved by those who do not want to range of items that are just as suscep- ments. While there are some modifica- find out if there is a means to use the tible to competitive bidding as the five tions to this overly broad statement, competitiveness of the marketplace to which were selected for the demonstra- basically if, let us say, in a particular arrive at what should be the appro- tion in Lakeland, we could save the county the average payment for a fee- priate reimbursement level for health Medicare programs over $100 million a for-service Medicare patient is $5,000, maintenance organizations. year. The Medicare program is a big then the HMO is reimbursed at, more Experience has shown us in other program, but even for that big pro- or less, 95 percent of that level, or areas of the Medicare system that gram, even for the Federal Govern- $4,500. There is some blending of the there is the potential for preserving ment, saving $100 million a year is an national fee-for-service rate and the high levels of quality and saving important achievement. local fee-for-service rate, but as of money by using the dynamism of the It is interesting that, while we are today, and in the past and in the imme- marketplace as determined by com- about to take a vote on whether we

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.046 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13599 should terminate even a demonstration eliminate funding for a program that one-third of the money in the Balanced on competitive bidding to establish the saves money without harming quality, Budget Act ‘‘add back’’ measure goes appropriate price for HMO reimburse- that gives us the opportunity to learn to one-sixth of the Medicare bene- ment, we are applying competitive bid- if there is a free-enterprise approach to ficiaries. ding in other areas. We are using the reimbursing HMOs as opposed to a so- Adding to this peculiar situation is competitive marketplace, rather than cialist approach? the Congressional Budget Office’s esti- centralized planning, to determine Madam President, it does not take a mate that up until the end of this dec- what is a fair price. Sherlock Holmes to solve this mystery. ade, the number of Medicare bene- For example: In 1998, Congress re- Chapter 1 of our mystery: It is July, ficiaries receiving their reimbursement formed the means by which national 1999. The United States spends a full through an HMO will still be less than parks reimbursed their conces- week debating managed care reform. the one-third of the total Medicare sionaires. To put it more accurately, The end result of this debate is vapid, population. Yet, one-third of the the concessionaires paid for the privi- weak legislation that impacts less than money in the Balanced Budget Act lege of operating within one of our na- one-third of all Americans whose ‘‘add back’’ bill is allocated to Medi- tional parks. Previously, prior to 1998, health care is covered by HMOs. It has care HMOs. concessionaires had a preferential weak standards on issues such as emer- Chapter 3: A Republican Member of right of renewal allowing them to gency room, access to specialists, a match any other offers, thus elimi- the House of Representatives intro- woman’s right to use an OB/GYN as a duces a bill to give doctors the right to nating competition. primary physician, the right to con- You can imagine if, Madam Presi- collectively bargain with HMOs. The tinue to use a doctor if an HMO chairman of the Judiciary Committee dent, there were a firm which had a changes its plan. The legislation the concession in a national park in your brings this bill up before his committee Senate passed earlier this summer also for consideration. What happens? Let beautiful State of Maine and they had very limited enforcement and no knew that in order to keep that conces- me read from the Daily Monitor of right to sue. Wednesday, October 27. I ask unani- sion, all they had to do was match any It is interesting that the House of mous consent that this article be print- other competitor who would deign to Representatives has written a different ed in the RECORD immediately after my try to take the concession. That would chapter with a much stronger and more remarks. not encourage very many people to go effective bill of patients’ rights when to the effort of offering a competitive they are members of a health mainte- The PRESIDING OFFICER. Without bid because they knew all the incum- nance organization. objection, it is so ordered. bent concessionaire had to do was just We have a second chapter in our (Exhibit 1.) match their best price and they would book. The Senate is about to eliminate Mr. GRAHAM. Under the headline continue to have the concession. two demonstration projects that will ‘‘GOP Leaders Order Hyde To Kill Bill In 1998, we changed the system. We allow us learn whether the market- On Doctor Bargaining’’: said we would go to an open, competi- place might be an appropriate deter- Managed care lobby pushed to halt meas- tive bidding process and let those who minant of how Medicare HMOs should could offer the highest quality and the ure allowing doctors to negotiate with be reimbursed. Chapter 2 continues health plans. best return to the park system be the with the Senate Finance Committee After an intense lobbying campaign by concessionaires. designing a bill to give funds back to managed care plans, House GOP leaders have Yesterday, I had the privilege of vis- providers who have made the case they killed for this year—at least—a bill that iting Bandelier National Monument in have been negatively, excessively im- would allow doctors to bargain collectively New Mexico. It exemplified the conces- pacted by the Balanced Budget Act of with health plans. sion’s contract law’s positive effect on 1997. It is the same Balanced Budget The bill (H.R. 1304), sponsored by Tom the national parks system. The new Campbell, R-Calif., had been scheduled for a Act that weaves its way through this concessionaire improved the quality of markup in the House Judiciary Committee products and provided such things as whole volume. Tuesday. But Speaker J. Dennis Hastert, R- What does the Senate Finance Com- handicapped access to facilities that Ill., on Monday asked committee Chairman mittee decide to do? Nearly one-third had not been available previously. Henry J. Hyde, R-Ill., to yank it. We can anticipate that the rates of of the money that will be provided ‘‘It won’t be dealt with this year,’’ Hyde return to the Government at Bandelier back to physicians, hospitals, home said. ‘‘The leadership decided that they were and other national parks will increase health care agencies, skilled nursing involved with other health care issues and facilities —a whole variety of medical this was the. . .one that broke the camel’s because we have a good example at Yo- back. It’s extra weight on a complicated semite National Park. At Yosemite, providers—nearly one-third of the total money goes to the health maintenance issue. They felt it was another area of focus the application of competitive bidding they don’t need right now.’’ organizations that provide services resulted in almost a 15-percent increase On Oct. 7, after months of heated negotia- in the rate of return to the Govern- under the Medicare+Choice Program. tions and debate, the House passed a broad ment of the lease of their various con- The irony is that only about 15 per- patients’ rights measure (H.R. 2723, later cession facilities. cent of the beneficiaries of Medicare H.R. 2990) after voting down a much nar- I commend Senator CRAIG THOMAS, receive their health care through a rower package backed by Hastert. The issue our colleague, who was the leader in health maintenance organization. The has long been a thorn in the side of the GOP assuring this movement towards a fair remaining 85 percent of Medicare bene- leadership, which favors allowing the mar- price and quality goods and services for ficiaries get their Medicare through ketplace—rather than government—to regulate managed care. the users of our national parks. Unfor- the traditional fee-for-service system; The Campbell bill would for the first time tunately, the zeroing out of funds for that is, they make an unrestrained choice as to what doctor they want to allow independent doctors who contract with competitive bidding demonstrations in health plans to bargain collectively on ev- Phoenix and Kansas City, as this con- see and then receive the services of erything from fees to who determines the ference report on the Labor-HHS/Dis- that physician, and they, along with treatment a patient receives. Health insur- trict of Columbia appropriations will Medicare, then reimburse that physi- ance groups strongly oppose the bill, arguing do—it ensures that we will never know cian. that doctors would be able to fix prices and if we can achieve similar savings in the The 85 percent of Medicare bene- drive up health insurance premiums. Doc- Medicare+Choice Program; that is, we ficiaries who use fee for service get tors, led by the American Medical Associa- can never know there will be a better, only two-thirds of the additional pay- tion, backed the measure. They say health plans are beginning to monopolize the pa- fairer way of reimbursing health main- back money. Clearly, there is something fishy about the way these crit- tient market, and that doctors often have no tenance organizations, which provide choice but to sign restrictive contracts in services to Medicare beneficiaries than ical funds, intended to allow for the order to stay in business. what we are getting today through this providers of health care to Medicare Hyde said that, along with Hastert, rank- percentage of fee-for-service formula. beneficiaries avoid draconian cuts in and-file members who had been contacted by Here is a riddle for the Senate to an- their service levels, were divided. the health insurance industry asked him to swer: Why would the appropriators Clearly, there is something amiss when pull the bill.

VerDate 29-OCT-99 01:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.048 pfrm01 PsN: S01PT1 S13600 CONGRESSIONAL RECORD — SENATE November 1, 1999 The chairman said he still wants to pursue We must reverse the course of this ate. This figure is also below the $1.9 the issue in the future but could not say if he Congress. This Congress has shielded billion that the House Labor, Health would ever mark up the Campbell bill. ‘‘I HMOs from patient protections, bal- and Human Services and Education Ap- don’t know,’’ he said. ‘‘I’m interested in anced negotiations with physicians, propriations Subcommittee approved doing something with the difficult relationship between doctors, HMOs and insurers. I and competition in pricing. This Con- for this program. don’t think the problem will go away, nor gress has rewarded HMOs with one- The raiding of the Title XX program will our responsibility [to address it].’’ third of the additional money for one- should serve as an example of what can We have had the HMO industry de- sixth of the Medicare beneficiaries. happen when a program is block grant- lude, almost to total lack of effective- And this Congress has refused to ened. Our experience with the social serv- ness, the Patients’ Bill of Rights in the hance the fee-for-service programs for ices block grant should serve as a red Senate. We have had the industry in- 85 percent of the Medicare bene- flag as we structure other social services funding. crease its reimbursement at twice the ficiaries. Those, for instance, who might suc- rate that fee-for-service medicine is This Congress can begin to reverse cumb to the siren call of block grants having its reimbursement increased as this record by sustaining the Presi- dent’s veto of the outrage which de- for education should take note. A Fed- a part of the Balanced Budget Act eral program which serves a largely po- ‘‘add-backs’’ legislation that we will scribes itself as the Labor-HHS/District of Columbia appropriations bill. I am litically voiceless group of Americans, soon be considering. We have had the as Hubert Humphrey described, those House kill a bill to allow doctors to confident that the President will reject this legislation. We will have our next who live in the dawn of life, our chil- collectively bargain when they nego- dren, those who live in the twilight of tiate with HMOs. And now, after the opportunity when we sustain his veto. Madam President, having talked life, our elderly, and those who live in HMOs have said what they want is to the shadows of life, the disabled, these have the marketplace, not Govern- about just one of the outrages in this bill, let me turn to a second. That is are the Americans who will be at risk, ment, run their business, they seem to just as they are at risk today with the have said they do not want to partici- the funding of the social services block grant. slashing of funding of the social serv- pate in the competitive bidding process ices block grant. They will be at risk if to determine their levels of reimburse- On September 30, by a 57–39 vote, the Senate placed its strong bipartisan we move towards the same pattern of ment. It appears that they would rath- funding for important national pro- er rely on the socialist-based theory of support behind the continued funding of the Social Services Block Grant Pro- grams such as education. Because they percentage of fee-for-service cost. will not have the HMOs’ lobbyists, they The managed care industry has suc- gram at its authorized level of $2.38 billion. will not have the PACs to represent cessfully used its influence to move their interests, to ensure they get their forward one of its key policy objec- The Social Services Block Grant al- locates funds to States, enabling them share when the Federal largess is di- tives: To strengthen Medicare managed vided, they are likely to get the scraps care at the expense of Medicare fee for to provide services to vulnerable, low- income children and elderly, disabled that are left over. service. You might think that my I urge the President of the United statement is extreme, but I assure you people. The Social Services Block Grant is a mandatory program estab- States to veto this legislative elephant it is accurate. which is squashing the ant. I urge that The policy objective is very clear. lished under Title XX of the Social Se- curity Act. he veto the legislation that would fund Using the words of the former Speaker the Departments of Labor and HHS, of the House, Speaker Newt Gingrich, The purpose of Title XX is to inter- vene with vulnerable populations be- and the District of Columbia because which he used to describe his view of we, the Congress, can do better. We Medicare reform, I quote from an Asso- fore they reach the point of disability or other condition that might make need to be given the opportunity and ciated Press article of July 30, 1996, in the challenge to do so. a speech given to the Health Insurance them eligible for a Social Security en- EXHIBIT 1 Association of America. This is what titlement program. [From the CQ Daily Monitor, Oct. 27, 1999] the Speaker said: In 1996, the Senate Finance Com- mittee joined the House Ways and GOP LEADERS ORDER HYDE TO KILL BILL ON We don’t get rid of it [Medicare] in round DOCTOR BARGAINING one because we don’t think that’s politically Means Committee, and then the full (By Karen Foerstel) smart, and we don’t think that’s the right Chambers, in promising that this pro- way to go through a transition. But we be- gram of social services block grants After an intense lobbying campaign by lieve it [traditional Medicare] is going to would be funded at the authorized level managed care plans, House GOP leaders have wither on the vine. of $2.38 billion for the fiscal year 2000. killed for the year—at least—a bill that would allow doctors to bargain collectively ‘‘Wither on the vine.’’ In fact, we made a commitment to the with health plans. If you had to have a series of events States that the social services block The bill (HR 1304), sponsored by Tom that all had as their common objective grant would be guaranteed at the $2.38 Campbell, R–Calif., had been scheduled for a diverting energy, resources, and atten- billion annual level until welfare re- markup in the House Judiciary Committee tion away from the program where 85 form was fully completed in the year Tuesday. But Speaker J. Dennis Hastert, Ill., percent of the Medicare beneficiaries 2002. on Monday asked committee Chairman receive their health care services to- When this commitment was rec- Henry J. Hyde, R–Ill., to yank it. ‘‘It won’t be dealt with this year,’’ Hyde wards the program where 15 percent re- ommended to be breached by the Sen- said. ‘‘The leadership decided that they were ceive their health care services—and ate version of the Labor-HHS appro- involved with other health care issues and nobody is estimating that within the priations bill, on September 30, the this was the . . . one that broke the camel’s next 10 years any more than 30 percent Senate stood up, and by that vote of 57– back. It’s extra weight on a complicated of the Medicare beneficiaries will re- 39 voted to restore full funding to com- issue. They felt it was another area of focus ceive their health care through HMOs— ply with our commitment to our con- they don’t need right now.’’ you couldn’t have had a better strategy stituents and to the States. On Oct. 7, after months of heated negotia- Once again, the appropriators have tions and debate, the House passed a broad than the chapters that we have either patients’ rights measure (HR 2723, later HR written or are in the process of writing nullified our vote. They have voided 2990) after voting down a much narrower in the Congress in 1999. our promise to the States. In the con- package backed by Hastert. The issue has On behalf of the 39 million Medicare ference report that will be before us, long been a thorn in the side of the GOP beneficiaries in America today, and the the Labor-HHS/District of Columbia leadership, which favors allowing the market millions more who will rely on the pro- appropriations bill, the Social Services place—rather than government—to regulate gram tomorrow, I pledge to make cer- Block Grant Program will be rec- managed care. tain that when Congress embarks upon ommended for funding at $1.7 billion— The Campbell bill would for the first time allow independent doctors who contract with true Medicare reform it will be focused over a half billion dollars below what is health plans to bargain collectively on ev- on what is best for all beneficiaries, our authorized level, what is our com- erything from fees to who determines the both fee-for-service and Medicare+ mitment to the States. This figure is treatment a patient receives. Health insur- Choice participants alike. below what was approved by the Sen- ance groups strongly oppose the bill, arguing

VerDate 29-OCT-99 01:25 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.051 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13601 that doctors would be able to fix prices and players. From his first year in coach- answer the call to one of the most drive up health insurance premiums. Doc- ing, his students considered Coach noble vocations in our country—they tors, led by the American Medical Associa- Tasker a father figure. Those who want to be farmers. tion, back the measure. They say health knew Coach Tasker describe him as Last week, the Future Farmers of plans are beginning to monopolize the patient market, and that doctors often have no dedicated, sincere, and loyal to his America hosted their seventy-second choice but to sign restrictive contracts in players and community. annual national convention in Lex- order to stay in business. After leaving Sulphur Springs, Coach ington, Kentucky. Nearly 50,000 future Hyde said that, along with Hastert, rank- Tasker served our country for three farmers and their guests, including a and-file members who had been contacted by years in the U.S. Air Corps. He then ac- number of young South Dakotans, the health insurance industry asked him to cepted another coaching position in gathered to exchange ideas, develop pull the bill. New Mexico at Lovington High School. leadership skills and to have a frank The chairman said he still wants to pursue After three years and one state cham- discussion about the future of family the issue in the future but could not say if he would ever mark up the Campbell bill. ‘‘I pionship with Lovington, Coach Tasker farming. don’t know,’’ he said. ‘‘I’m interested in moved twenty miles south to Hobbs Mr. President, I’m proud to report doing something with the difficult relation- High School, where he would remain that, of the hundreds of local FFA ship between doctors, HMOs and insurers. I for the rest of his coaching career. chapters from across the country, and don’t think the problem will go away, nor Forty-nine years, eleven state cham- of the thousands of participants na- will our responsibility [to address it].’’ pionships, two perfect seasons, and two tionwide, the Future Farmers of Amer- Mr. GRAHAM. I thank the Chair and National High School Coach of the ica chapter from Garretson, South Da- suggest the absence of a quorum. Year awards later, Coach Tasker de- kota was named National FFA Chapter The PRESIDING OFFICER (Mr. cided to retire. In fifty-three years of of the Year. Chapter members Brian VOINOVICH). The clerk will call the roll. coaching, Tasker had a remarkable col- Cooper, Gary Kringen, Mitch Coburn, The legislative clerk proceeded to lection of achievements. He finished Amanda Dorman, and their adviser Ed call the roll. with 1,122 wins and 291 losses, which Mueller have spent countless hours Mr. FITZGERALD. Mr. President, I ranks him as the third place coach in working on projects ranging from pro- ask unanimous consent that the order total number of wins in high school moting economic development in rural for the quorum call be rescinded. boys’ basketball history. Among many communities to providing lessons in The PRESIDING OFFICER. Without honors, he was elected to four different farm safety to elementary students. objection, it is so ordered. halls of fame, won twelve state cham- Their hard work and dedication to the f pionships, and in 1991 was named the future of agriculture is a heartening MORNING BUSINESS National Athletic Coach of the Year in sign that there will be a future genera- the prestigious Walt Disney National tion of farmers to work the land and Mr. FITZGERALD. Mr. President, I Teacher Awards Program. raise the food for this great country. ask unanimous consent that the Sen- Coach Tasker was slow to take cred- I want to offer my most sincere con- ate now proceed to a period of morning it, but quick to praise. He often said, gratulations to the members of the business, with Senators permitted to ‘‘When you’ve got players like I’ve got, Garretson chapter of the Future Farm- speak for up to 10 minutes each. they make a great coach out of you.’’ ers of America on receiving this great The PRESIDING OFFICER. Without He was uncomfortable in the limelight, honor. These young people have earned objection, it is so ordered. and even chose to put his awards away the admiration and respect of their f in drawers, preferring to display art- community and the entire state of RALPH TASKER ‘‘A COACHING work by his grandchildren. Coach South Dakota. Brian, Gary, Mitch, and LEGEND’’ Tasker always sought to uplift his chil- Amanda remind us that outstanding dren, grandchildren, students, and young people are willing to commit Mr. LOTT. Mr. President, I rise today players. themselves to farming—one of the to honor a man who touched the lives Mr. President, Coach Ralph Tasker most challenging, rewarding, and im- of each person he came into contact passed away on Monday, July 19, 1999, portant careers they could choose. with throughout his teaching and after a brief bout with cancer. I trust f coaching career. Coach Ralph Tasker the Senate will join me in honoring one was a respected person, and a perfect of the greatest men in the sports his- CHANGES TO THE BUDGETARY AG- gentleman. He always looked for the tory of New Mexico and this country. GREGATES AND APPROPRIA- good in people and had that rare abil- He will be missed by everyone. I be- TIONS COMMITTEE ALLOCATION ity to bring out the best in others. lieve my friend Senator DOMENICI put Mr. DOMENICI. Mr. President, sec- Born and raised in Moundsville, West it best when he said, ‘‘The passing of tion 314 of the Congressional Budget Virginia, Coach Tasker took up basket- Ralph Tasker marks the loss of an in- Act, as amended, requires the Chair- ball when he was five years old. This stitution in Hobbs and in New Mexico.’’ man of the Senate Budget Committee was his common bond with most of his f to adjust the appropriate budgetary ag- friends. In Moundsville, nearly every- gregates and the allocation for the Ap- one worked in coal mines except for CONGRATULATIONS TO THE GARRETSON, SD, CHAPTER OF propriations Committee to reflect Tasker’s parents, who owned and oper- amounts provided for emergency re- ated a grocery store. He played basket- THE FUTURE FARMERS OF AMERICA quirements. ball in high school, earning all-state I hereby submit revisions to the 2000 honors in his junior and senior cam- Mr. DASCHLE. Mr. President, I have Senate Appropriations Committee allo- paigns. From there he played four spoken many times to my colleagues in cations, pursuant to section 302 of the years at Alderson-Broaddus College, this body about the importance of agri- Congressional Budget Act, in the fol- and this is where he met his wife, Mar- culture in America. It is certainly one lowing amounts: garet Elizabeth Marple. The two were of the most valuable industries in my [In million of dollars] married and devoted to each other for home state of South Dakota and is nearly fifty years until Margaret clearly essential to the economy and Budget Outlays passed away in 1991. well-being of the entire United States. Authority Tasker began his coaching career Undoubtedly, farming has always Current Allocation: General purpose discretionary ...... 557,504 561,698 straight out of college at Sulphur been a difficult job. But, consistent Violent crime reduction fund ...... 4,500 5,554 Springs High School in Sulphur with the industrious spirit of America, Highways ...... 24,574 Mass transit ...... 4,117 Springs, Ohio, in 1941. He spent less there have always been dedicated Mandatory ...... 321,502 304,297 than a year at Sulphur Springs, but young men and women who have been Total ...... 883,506 900,240 even then made an impact on his stu- willing to face the challenge of growing Adjustments: dents and players. Tasker went beyond the food for this country. And even General purpose discretionary ...... +2,499 +1,340 Violent crime reduction fund ...... the role of coach and teacher, as he was during tough times, there have been Highways ...... always a friend to his students and young Americans who are willing to Mass transit ......

VerDate 29-OCT-99 01:37 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.014 pfrm01 PsN: S01PT1 S13602 CONGRESSIONAL RECORD — SENATE November 1, 1999

[In million of dollars] endar year 2000 the exclusion of employer- By fiscal year, in millions of dollars provided educational assistance, JCT esti- Budget mates that the bill also would decrease off- 2000 2001 2002 2003 2004 Authority Outlays budget revenues by a total of $118 million in Total Changes in Revenues 123 ¥3,779 730 686 1,802 Mandatory ...... fiscal years 2000 and 2001. In addition, CBO CHANGES IN DIRECT SPENDING 2 estimates that the bill would increase direct Total ...... +2,499 +1,340 Estimated Budget Authority ...... 85 20 6 6 7 Revised Allocation: spending by $124 million over the 2000–2004 Estimated Outlays ...... 85 20 6 6 7 General purpose discretionary ...... 560,003 563,038 period and by $159 million over the 2000–2009 1 Violent crime reduction fund ...... 4,500 5,554 period. Although the bill would affect both Represents a loss of taxes to the Federal Old-Age and Survivors Insur- Highways ...... 24,574 ance and Disability Insurance Trust Funds from extending through calendar Mass transit ...... 4,117 governmental receipts and direct spending, year 2000 the exclusion of employer-provided educational assistance. Mandatory ...... 321,502 304,297 section 301 of the bill specifies that any 2 Implementing the bill would also increase spending subject to appro- change in the surplus or deficit resulting priation, but CBO estimates that such costs would not be significant. Total ...... 886,005 901,580 from enactment shall not be counted for pur- Sources: Congressional Budget Office and Joint Committee on Taxation. I hereby submit revisions to the 2000 poses of enforcing the pay-as-you-go proce- BASIS OF ESTIMATE dures established by the Balanced Budget budget aggregates, pursuant to section and Emergency Deficit Control Act. Revenues: All revenue estimates were pro- 311 of the Congressional Budget Act, in JCT estimates that S. 1792 contains one vided to CBO by JCT. the following amounts: new intergovernmental mandate, the cost of Direct Spending: Payment to Territories of [In million of dollars] which would not exceed the threshold for Rum Excise Tax. Under current law, a tax of intergovernmental mandates ($50 million in $13.50 per proof gallon is assessed on distilled Budget Au- Outlays Deficit 1996, adjusted annually for inflation) estab- spirits produced in or brought into the Un- thority lished in the Unfunded Mandates Reform Act tied States. The treasuries of Puerto Rico Current Allocation: Budget Resolu- (UMRA). JCT estimates that S. 1792 contains and the Virgin Islands receive $10.50 of the tion ...... 1,452,453 1,433,080 ¥24,998 16 new private-sector mandates, and that the tax assessed on rum manufactured in either Adjustments: Emergencies ...... +2,499 +1,340 ¥1,340 territory. In addition, the territories receive Revised Allocation: Budget Resolu- costs of those mandates would exceed the tion 1,454,952 1,434,420 ¥26,338 threshold established in UMRA ($100 million payments, at a similar rate, on all rum im- in 1996, adjusted annually for inflation) in ported into the United States from any for- f each of fiscal years 2000 through 2004. eign country. Those payments to Puerto CONGRESSIONAL BUDGET OFFICE DESCRIPTION OF MAJOR PROVISIONS Rico and the Virgin Islands are recorded as outlays in the budget. LETTER ON S. 1792 S. 1792 would amend the Internal Revenue Code to: Under the bill, the governments of Puerto Mr. ROTH. Mr. President, I ask unan- Extend to tax years 1999 and 2000 a provi- Rico and the Virgin Islands would receive imous consent that a copy of a letter sion to allow individuals to use nonrefund- the full $13.50 per proof gallon for assess- from Dan L. Crippen, Director of the able personal tax credits to offset their reg- ments made between July 1, 1999, and De- Congressional Budget Office, dated Oc- ular tax liability in full (as opposed to lim- cember 31, 2000. Based on recent tax and pay- tober 29, 1999, be printed in the RECORD. iting such credits to the difference between ment data, CBO estimates that increasing The letter analyzes S. 1792, the Tax Re- their regular tax liability and their alter- the territories’ share of the excise tax would native minimum tax liability); increase direct spending by $85 million in fis- lief Extension Act of 1999. Extend the research and experimentation cal year 2000 (including $18 million in retro- There being no objection, the mate- tax credit through December 31, 2000; active payments for fiscal year 1999) and $16 rial was ordered to be printed in the Extend the exemption from Subpart F for million in fiscal year 2001. RECORD, as follows: active financing income through tax year Streptococcus Pneumoniae Vaccine. S. 1792 U.S. CONGRESS, 2000; would add conjugate vaccines against strep- CONGRESSIONAL BUDGET OFFICE, Extend to tax year 2000 the suspension of tococcus pneumoniae to the list of taxable Washington, DC, October 29, 1999. income limitation on percentage depletion vaccines and thus would allow for federal Hon. WILLIAM V. ROTH, Jr., from marginal oil and gas wells; payments to individuals for injuries related Extend the work opportunity and welfare- Chairman, Committee on Finance, to those vaccines from the National Vaccine to-work tax credits through December 31, U.S. Senate, Washington, DC. Injury Compensation Trust Fund. CBO esti- 2000; DEAR MR. CHAIRMAN: The Congressional mates that this provision would increase Temporarily increase the amount of the Budget Office has prepared the enclosed cost outlays for compensation to individuals by excise tax on rum paid to Puerto Rico and estimate for S. 1792, the Tax Relief Exten- $4 million over the 2000–2004 period. This pro- the U.S. Virgin Islands from $10.50 per proof sion Act of 1999. vision also would increase federal Medicaid If you wish further details on this esti- gallon to $13.50 per proof gallon; Add the streptococcus pneumoniae vaccine outlays by $21 million over the 2000–2004 pe- mate, we will be pleased to provide them. to the list of taxable vaccines; riod because Medicaid would be required to The CBO staff contacts are Hester Grippando Increase the amount of the estimated tax pay the excise tax on purchases of vaccines (for revenues), who can be reached at 226– that individuals must pay based on the against streptococcus pneumoniae. The fed- 2720, John R. Righter (for payment to terri- amount of their prior year’s tax to 110.5 per- eral government purchases about one-half of tories of rum excise tax), who can be reached cent for tax years beginning in 2000 and to all vaccines through its Vaccines for Chil- at 226–2860, and Jeane De Sa (For strepto- 112 percent for tax years beginning in 2004; dren Program. coccus pneumoniae vaccine), who can be Modify the rules that allow taxpayers to In addition, this provision would increase reached at 226–9010. credit the payment of foreign taxes against the cost of vaccines purchased under section Sincerely, the payment of U.S. taxes owed on income 317 of the Public Health Service Act. Section BARRY B. ANDERSON derived from foreign sources; and 317 would authorize grants to states for the (For Dan L. Crippen, Director). Prohibit taxpayers who use an accrual purchase of vaccines under federal contracts Enclosure. method of accounting from also using the in- with vaccine manufacturers. We estimate CONGRESSIONAL BUDGET OFFICE COST stallment method of accounting when re- that any increase in spending under this sec- ESTIMATE, OCTOBER 29, 1999 porting dispositions of property for income tion would not be significant and would be S. 1792: TAX RELIEF EXTENSION ACT OF 1999 tax purposes. subject to the availability of appropriated (As reported by the Senate Committee on ESTIMATED COST TO THE FEDERAL GOVERNMENT funds. Finance on October 26, 1999) The estimated budgetary impact of S. 1792 PAY-AS-YOU-GO CONSIDERATIONS SUMMARY is shown in the following table. Estimated The Balanced Budget and Emergency Def- S. 1792 would amend existing tax laws and spending would fall within budget functions icit Control Act sets up pay-as-you-go proce- extend numerous tax provisions that have 800 (general government) and 550 (health). dures for legislation affecting direct spend- expired recently or are about to expire. The By fiscal year, in millions of dollars ing or receipts. The net changes in outlays Joint Committee on Taxation (JCT) esti- and governmental receipts that are subject mates that enacting S. 1792 would decrease 2000 2001 2002 2003 2004 to pay-as-you-go procedures are shown in the on-budget governmental receipts by $320 mil- following table. For the purposes of enforc- CHANGES IN REVENUES lion over the 2000–2004 period, but would in- ing pay-as-you-go procedures, only the ef- Estimated On-Budget Revenues 200 ¥3,738 730 686 1,802 crease such receipts by $461 million over the Estimated Off-Budget Revenues 1 ¥77 ¥41 0 0 0 fects in the budget year and the succeeding 2000–2009 period. By extending through cal- four years are counted.

By Fiscal Year, in Millions of Dollars 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Changes in receipts ...... 200 ¥3,738 730 686 1,802 ¥1,000 468 427 445 441

VerDate 29-OCT-99 01:37 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.011 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13603

By Fiscal Year, in Millions of Dollars 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Changes in outlays ...... 85 20 6 6 7 7 7 7 7 7

Section 301 specifies that any change in ments in such Washington-based publi- Finally, Mr. Martin notes: ‘‘our firm the surplus or deficit resulting from enact- cations as Roll Call and National Jour- in no way assisted in preparation of the ment of S. 1792 shall not be counted for pur- nal’s Congress Daily AM . The targets CAR advertisement nor did we have poses of enforcing the pay-as-you-go proce- of these interest groups in this expen- any knowledge of it until your office dures. sive ad campaign are, of course, the sent me a copy.’’ ESTIMATED IMPACT ON STATE, LOCAL, AND members of this body and of the House I ask unanimous consent that the TRIBAL GOVERNMENTS of Representatives. The advertisement full text of Thomas Martin’s letter to JCT has determined that the provision uses the recent bankruptcy reorganiza- me be printed in the RECORD at the that would add streptococcus pneumoniae to the list of taxable vaccines is an intergovern- tion filing of the Rutland Fire Clay conclusion of my remarks. mental mandate. JCT estimates that the Company to promote the Fairness in The PRESIDING OFFICER. Without cost of this mandate would not exceed the Asbestos Compensation Act, S. 758 and objection, it is so ordered. threshold specified in UMRA ($50 million in H.R. 1283. (See exhibit 2.) 1996, adjusted annually for inflation). Mr. President, here is a copy of this Mr. LEAHY. I have met with Tom ESTIMATED IMPACT ON THE PRIVATE SECTOR ad. The headline is: ‘‘How asbestos liti- Martin of the Rutland Fire Clay Com- JCT has determined that the following pro- gation ruined a family business.’’ Then pany and corresponded with him about visions of the bill contain private-sector in the body of the advertisement is this asbestos litigation. Mr. Martin should mandates: (1) clarify the tax treatment of in- pullout headline: ‘‘Rutland Fire Clay be commended for reaching a settle- come and losses on derivatives, (2) add cer- Files For Chap. 11.’’ Throughout the ad ment with his insurers and the trial tain vaccines against streptococcus is the history of this 116-year-old bar concerning his firm’s asbestos pneumoniae to the list of taxable vaccines, Vermont firm as reported in the Rut- problems. Unlike some big businesses (3) expand reporting of cancellation of in- land Herald on October 19, 1999. that are trying to avoid any account- debtedness income, (4) impose limitation on Finally, the ad concludes with this prefunding of certain employee benefits, (5) ability for their asbestos responsibil- limit conversion of character of income from statement: ‘‘we believe that the inter- ities through national legislation, Mr. constructive ownership transactions, (6) ests of the hundreds of large and small Martin and the Rutland Fire Clay Com- modify installment method and prohibit its businesses affected by this national pany are trying to do the right thing use by accrual method taxpayers, (7) limit travesty, their employees, pensioners, within the legal system. use of nonaccrual experience method of ac- communities who depend on them, and Mr. Martin plans to lead the Rutland counting, (8) deny charitable contribution their millions of shareholders warrant Fire Clay Company from bankruptcy deduction for transfers associated with split- your support of the Act as well.’’ I ask next year as a stronger firm with a dollar insurance arrangements, (9) prevent unanimous consent that the text of duplication or acceleration of loss through solid financial foundation for the 21st assumption of certain liabilities, (10) require this advertisement be printed in the Century. I applaud Tom Martin and the consistent treatment and provide basis allo- RECORD at the end of my remarks. employees of the Rutland Fire Clay cation rules for transfers of intangibles in The PRESIDING OFFICER. Without Company for their efforts. certain nonrecognition transactions, (11) objection, it is so ordered. Mr. President, I am willing to work limits distributions by a partnership to a (See exhibit 1.) with my colleagues on both sides of the corporate partner of stock in another cor- Mr. LEAHY. Mr. President, I am of- aisle and with interested parties to poration, (12) prohibit allocations of stock in fended by this slick advertisement. It craft fair legislation to help victims an S corporation employee stock ownership is clear that the executives on Madison and businesses, large and small, af- plan, (13) impose 10 percent vote on value Avenue who crafted this ad want law- test for real estate investment trusts fected by asbestos. But exploiting the makers—you, me, and all of our col- bankruptcy filing of a small firm in (REITs), (14) change treatment of income leagues—to believe that the employees and services provided by taxable REIT sub- Vermont and using misleading adver- sidiaries, with 20 percent asset limitation, of the Rutland Fire Clay Company sup- tisements to promote a flawed bill are (15) modify treatment of closely held REITs, port the Fairness in Asbestos Com- not the right ways to advance our con- and (16) modify estimated tax rules for close- pensation Act and that this bill would sideration of this issue, and they are ly held REITs. have helped the Vermont firm avoid re- certainly not an admirable way to at- JCT estimates that the costs of the pri- organization in bankruptcy. Nothing is tempt to sway opinion in or outside of vate-sector mandates would exceed the further from the truth. threshold established in UMRA ($100 million this body. Thomas Martin, who is the President I believe the 240 special interest orga- in 1996, adjusted annually for inflation) in of the Rutland Fire Clay Company, and each of fiscal years 2000 through 2004, with nizations that sponsored this advertise- the amount of such costs ranging from a low who is named in the advertisement, has ment owe an apology to Tom Martin of $383 million in 2004 to a high of $1,042 mil- written to me to set the record and the other Vermonters who work for lion in 2001. straight. Mr. Martin writes: ‘‘I re- the Rutland Fire Clay Company, and I Estimate prepared by: Revenues: Hester viewed the bill and my opinion is it will remind them of that obligation Grippando (226–2270), Payment to Territories would not help Rutland Fire Clay Com- until they offer that apology. of Rum Excise Tax: John R. Righter (226– pany reduce this [asbestos litigation] EXHIBIT NO. 1 2860), Streptococcus Pneumoniae Vaccine: burden, nor would it help other small [From the Rutland Herald, Oct. 19, 1999] Jeanne De Sa (226–9010). businesses with thousands of claims. Estimate approved by: Peter H. Fontaine, RUTLAND FIRE CLAY FILES FOR CHAP. 11 Deputy Assistant Director for Budget Anal- . . . Under S. 758 costs would be appor- tioned to Rutland Fire Clay Company HOW ASBESTOS LITIGATION RUINED A FAMILY ysis; G. Thomas Woodward, Assistant Direc- BUSINESS: 22 EMPLOYEES AND 50,000 LAWSUITS tor for Tax Analysis. equally, and thus higher, than under the current system.’’ Asbestos lawyers would have you believe f that only billion dollar companies are af- Mr. Martin continues: ‘‘The adver- fected by the asbestos nightmare. But in re- MISLEADING ADVERTISEMENT tisement’s heading gave the impression FOR THE FAIRNESS IN ASBES- ality, more than 300 small businesses, as well that our family business would be ‘ru- as large ones, find themselves today en- TOS COMPENSATION ACT ined’ and that our 22 employees would meshed in the asbestos litigation mess. This Mr. LEAHY. Mr. President, I come to be out of work. The truth is that we spiraling litigation—filed largely by non- the Senate floor today to stand up for have worked out a consensual bank- sick claimants who may have been exposed a small business in my home state—the ruptcy plan which recognizes the value to asbestos, as have a majority of all Ameri- Rutland Fire Clay Company of Rut- of Rutland Fire Clay Company and its cans, but have no physical symptoms or im- pairment—continues to drive firms to bank- land, VT. employees. No jobs will be lost and we ruptcy or its brink. For the past week, a coalition of 240 will continue to serve the fireplace and Just last week, Rutland Fire Clay, a small special interest organizations have run home repair markets as we have for 116 family-owned Vermont manufacturer of fur- a series of the same paid advertise- years.’’ nace and wood stove repair cements, was

VerDate 29-OCT-99 01:37 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.013 pfrm01 PsN: S01PT1 S13604 CONGRESSIONAL RECORD — SENATE November 1, 1999 forced into bankruptcy as a result of what it share of costs. Our company cannot afford International Trade Commission, transmit- termed ‘‘the crushing burden of asbestos re- the expense of litigation if disagreement ting, pursuant to law, a report relative to its lated lawsuits.’’ with the large defendants is the result. In ad- commercial activities inventory; to the You should know these facts about the dition, our historical costs per claim proc- Committee on Governmental Affairs. Rutland Fire Clay case: essed for defense and indemnity have been EC–5971. A communication from the Execu- Rutland Fire Clay, with its 22 employees, very low relative to that of other defendant tive Director, United States Holocaust Me- is a small, 116 year-old family business, in companies. Under S. 758 costs would be ap- morial Museum, transmitting, pursuant to Rutland, Vermont. portioned to Rutland Fire Clay Company law, a report relative to its commercial ac- The business was started in 1883 by Rufus equally, and thus higher, than under the cur- tivities inventory; to the Committee on Gov- Perkins and his two sons and has manufac- rent system. ernmental Affairs. tured, for more than 100 years, a cement ma- The advertisement’s headline gave the im- EC–5972. A communication from the Sec- terial for use in the repair of furnaces and pression that our family business would be retary, The Commission of Fine Arts, trans- residential wood stoves sold through hard- ‘‘ruined’’ and that our 22 employees would be mitting, pursuant to law, a report relative to ware stores. The product originally con- out of work. The truth is that we have its commercial activities inventory; to the tained a very small amount of encapsulated worked out a consensual bankruptcy plan Committee on Governmental Affairs. asbestos, although Rutland discontinued the which recognizes the value of Rutland Fire EC–5973. A communication from the Office use of asbestos in its products almost 30 Clay Company and its employees. No jobs of Independent Counsel Thompson, transmit- years ago. will be lost and we will continue to serve the ting, pursuant to law, a report relative to Since 1984, there have been 50,000 asbestos fireplace and home repair markets as we the Office’s audit and investigative activities cases filed against the company, and 37,000 have for 116 years. for fiscal year 1999; to the Committee on remain pending today—most of these cases Lastly, our firm in no way assisted in prep- Governmental Affairs. involving non-sick claimants. aration of the CAR advertisement nor did we EC–5974. A communication from the Chair, The company has estimated its liability have any knowledge of it until our office Architectural and Transportation Barriers for current and future asbestos claims at $67 sent me a copy. Compliance Board, transmitting, pursuant to million, with assets of only $3 million. Thank you, law, a report relative to the Federal Man- Thomas Martin, the firm’s president, said Sincerely, agers’ Financial Integrity Act; to the Com- in a Rutland press interview last week, that THOMAS P. MARTIN, mittee on Governmental Affairs. EC–5975. A communication from the Chair- if it weren’t for asbestos claims, the 116 year- President. man and Chief Executive Officer, Chemical old company would never have wound up in f Safety and Hazard Investigation Board, bankruptcy. He described business as ‘‘excel- transmitting, pursuant to law, a report rel- lent,’’ with the company expecting a record MESSAGE FROM THE HOUSE ative to the Office’s audit and investigative sales year. At 12:36 p.m., a message from the activities for fiscal year 1999; to the Com- The Rutland Fire Clay case is a stark ex- House of Representatives, delivered by mittee on Governmental Affairs. ample of what happens in the asbestos litiga- Mr. Berry, one of its reading clerks, an- EC–5976. A communication from the Audi- tion world today. Asbestos lawyers continue nounced that the House disagrees to tor of the District of Columbia, transmit- to draw from an almost limitless pool of po- ting, pursuant to law, a report entitled ‘‘Fis- tential defendants by targeting, with the the amendment of the Senate to the cal Year 1998 Annual Report on Advisory touch of a word processing button, small and bill (H.R. 1180) to amend the Social Se- Neighborhood Commissions’’; to the Com- large companies—many with only a tangen- curity Act to expand the availability of mittee on Governmental Affairs. tial association to asbestos. These ‘‘asbes- health care coverage for working indi- EC–5977. A communication from the Gen- tos’’ defendants include local building prod- viduals with disabilities, to establish a eral Counsel, Federal Emergency Manage- ucts distributors, home remodeling centers, Ticket to Work and Self-Sufficiency ment Agency, transmitting, pursuant to law, ‘‘mom and pop’’ hardware stores, and other Program in the Social Security Admin- the report of a rule entitled ‘‘Suspension of unsuspecting companies who manufactured, istration to provide such individuals Community Eligibility; 64 FR 56256; 10/19/99’’, or only distributed, products that may have received October 29, 1999; to the Committee contained nominal amounts of asbestos in a with meaningful opportunities to work, and for other purposes, and agrees to on Banking, Housing, and Urban Affairs. component part of end products, such as EC–5978. A communication from the Direc- forklifts, cranes, gaskets, grinding wheels, the conference asked by the Senate on tor, Office of Sustainable Fisheries, National lawnmower engines, etc. the disagreeing votes of the two Houses Marine Fisheries Service, Department of While the principal focus of the bipartisan thereon; and appoints Mr. ARCHER, Mr. Commerce, transmitting, pursuant to law, Fairness in Asbestos Compensation Act is, as BLILEY, Mr. ARMEY, Mr. RANGEL, and the report of a rule entitled ‘‘Fisheries of the it should be, on the rights of deserving asbes- Mr. DINGELL as the managers of the Exclusive Economic Zone Off Alaska: Pol- tos victims, we believe that the interests of conference on the part of the House. lock by Vessels Catching Pollock for Proc- the hundreds of large and small businesses f essing by the Inshore Component in the Ber- affected by this national travesty, their em- ing Sea Subarea’’, received October 16, 1999; ployees, pensioners, communities who de- MEASURE PLACED ON THE to the Committee on Commerce, Science, pend upon them, and their millions of share- CALENDAR and Transportation. holders warrant your support of the Act as EC–5979. A communication from the Direc- well. The following bill was read the sector, Office of Sustainable Fisheries, National ond time and placed on the calendar: Marine Fisheries Service, Department of EXHIBIT NO. 2 S. 1832. A bill to amend the Fair Labor Commerce, transmitting, pursuant to law, RUTLAND FIRE CLAY COMPANY, Standards Act of 1938 to increase the Federal the report of a rule entitled ‘‘Atlantic Highly Rutland, VT, October 29, 1999. minimum wage. Migratory Species Fisheries; Atlantic Hon. PATRICK J. LEAHY, f Bluefin Tuna; Opening of General Category U.S. Senate, Russell Senate Office Building, NY Bight Fishery’’ (I.D. 100899B), received Washington, DC. EXECUTIVE AND OTHER October 29, 1999; to the Committee on Com- DEAR SENATOR LEAHY: Thank you for send- COMMUNICATIONS merce, Science, and Transportation. ing me the recent advertisement produced by The following communications were f the Coalition for Asbestos Resolution (CAR) laid before the Senate, together with that is using our recent bankruptcy filing in PETITIONS AND MEMORIALS accompanying papers, reports, and doc- its campaign in support of S. 758 and its com- The following petitions and memo- uments, which were referred as indi- panion, H.R. 1283. rials were laid before the Senate and cated: We presently have over 37,000 lawsuits were referred or ordered to lie on the pending against us and we have approxi- EC–5969. A communication from the Direc- table as indicated: mately $4 million of insurance and $2 million tor of the Office of Management and Budget, in assets. For small firms such as ours with Executive Office of the President, transmit- POM–369. A resolution adopted by the limited remaining insurance and minimal as- ting, pursuant to law, a cumulative report House of the Legislature of the State of sets, the burden of claims is indeed crushing on rescissions and deferrals dated October 27, Michigan relative to hazardous materials fa- as quoted in the CAR advertisement. How- 1999; referred jointly, pursuant to the order cilities; to the Committee on Environment ever, I reviewed this bill and my opinion is it of January 30, 1975, as modified by the order and Public Works. would not help Rutland Fire Clay Company of April 11, 1986, to the Committee on Appro- HOUSE RESOLUTION NO. 223 reduce this burden, nor would it help any priations, to the Committee on the Budget, Whereas, Federal law under Title III of the other small business with thousands of to the Committee on Energy and Natural Re- Superfund Amendments and Reauthorization claims. As an example under section 601 ap- sources, and to the Committee on Foreign Act of 1986 (SARA) requires identifying the portionment of costs for the ARC are ad- Relations. locations of facilities which handle haz- dressed. Potential disputes could easily arise EC–5970. A communication from the Direc- ardous materials and also requires the devel- between defendants as to their respective tor, Office of Administration, United States opment of a plan for communities to respond

VerDate 29-OCT-99 01:37 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.005 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13605 to hazardous material releases and to estab- S. 1837. A bill to amend title XIX of the So- awards. This legislation is to accord lish right-to-know provisions for hundreds of cial Security Act to provide low-income similar treatment to payments made substances identified as extremely hazardous medicare beneficiaries with medical assist- to the approximately 2,700 members of materials plus an additional 1,000 potentially ance for out-of-pocket expenditures for out- the Bois Forte Band and the 790 mem- hazardous substances an toxic chemicals; patient prescription drugs; to the Committee and on Finance. bers of the Grand Portage Band. Whereas, More than 3,200 businesses and By Mr. WELLSTONE: In 1988 the two bands entered into an industries within the Commonwealth of S. 1838. A bill to provide that certain in- agreement with the state of Minnesota Pennsylvania have been officially identified come derived from an agreement between whereby the State agreed to make an as being within the SARA Title III planning the Bios Forte Band of Chippewa Indians and annual payment to the bands in ex- requirements; and the State of Minnesota shall not be consid- change for the bands’ restriction of Whereas, The time frames for reporting ered income for purposes of Federal assist- their members’ hunting and fishing chemicals used by facilities under SARA ance eligibility; to the Committee on Indian rights. These rights are guaranteed by Title III may be considered ineffective at Affairs. times due to the length of the required re- S. 1839. A bill to provide that land which is the treaty of September 30, 1854. From porting period; and owned by the Lower Sioux Indian Commu- that payment, the Tribal Councils of Whereas, Conforming the time frames for nity in the State of Minnesota but which is the Bands make small annual pay- reporting Material Safety Data Sheets to not held in trust by the United States for the ments to their members. The Bois State and local officials, mirroring Occupa- Community may be leased or transferred by Forte Band pays each of its members tional Safety and Health Administration re- the Community without further approval by $500 per year, for example. The shares quirements on the reporting of hazardous the United States; to the Committee on In- of minors are paid into a trust fund materials, may lead to an enhanced and dian Affairs. that cannot and disbursed until the more accurate reporting system; and f Whereas, The establishment of Hazardous minor reaches the age of 18. The shares Material Exposure Parameters around haz- SUBMISSION OF CONCURRENT AND of adults are paid directly to them. ardous material facilities and the require- SENATE RESOLUTIONS These payments are intended to comment of direct reporting to residences and pensate the band members for a Fed- businesses within these parameters may lead The following concurrent resolutions eral treaty right that they have elected to the increased safety of our communities; and Senate resolutions were read, and to forgo in return for these funds. As a therefore be it referred (or acted upon), as indicated: result, this constitutes income which is Resolved, That the House of Representa- By Mr. ABRAHAM: derived from a trust resource. The in- tives of the Commonwealth of Pennsylvania S. Res. 212. A resolution to designate Au- tent of the Federal law is that such respectfully request that the Congress of the gust 1, 2000, as ‘‘National Relatives as Par- funds—up to a certain level, are not United States pursue amendments to SARA ents Day’’; to the Committee on the Judici- Title III to ensure higher levels of safety for ary. treated as income for purposes of Fed- communities which have hazardous material By Mr. LOTT (for himself and Mr. eral benefit eligibility. This is in rec- facilities within their borders; and be it fur- DASCHLE): ognition of the special status of Indian ther S. Res. 213. A resolution to authorize testi- tribes within the United States, and Resolved, That copies of this resolution be mony, document production, and representa- the trust relationship that the Federal transmitted to the presiding officers of each tion of employees in the Senate in Bonnie Government maintains to this day. house of Congress and to each member of Mendelson v. Delaware River and Bay Author- However, while these payments clearly Congress from Pennsylvania. ity; considered and agreed to. fall within the intent Federal law to f f protect trust resources, the current REPORTS OF COMMITTEES STATEMENTS ON INTRODUCED statute does not encompass these payments. The following reports of committees BILLS AND JOINT RESOLUTIONS The result is that for a small number were submitted: By Mr. WELLSTONE: of band members, approximately 10 By Mr. MURKOWSKI, from the Committee S. 1838. A bill to provide that certain percent of the Bois Forte band and cur- on Energy and Natural Resources, with income derived from an agreement be- rently no members of the Grand Por- amendments: tween the Bois Forte Band of Chippewa S. 623. A bill to amend Public Law 89–108 to tage Band, this income is of no real Indians and the State of Minnesota benefit because it reduces or elimi- increase authorization levels for State and shall not be considered income for pur- Indian tribal, municipal, rural, and indus- nates their public assistance payment. poses of Federal assistance eligibility; trial water supplies, to meet current and fu- These members are all extremely poor, ture water quantity and quality needs of the to the Committee on Indian Affairs. elderly, or disabled. Mr. President, Red River Valley, to deauthorize certain INCOME EXEMPTION FROM FEDERAL ASSISTANCE these are people who can least afford to project features and irrigation service areas, ELIGIBILITY REQUIREMENTS bear the brunt of this loophole in Fed- to enhance natural resources and fish and ∑ Mr. WELLSTONE. Mr. President, I wildlife habitat, and for other purposes eral law. am introducing today legislation of Additionally, Mr. President, these (Rept. No. 106–203). great importance to two tribes in Min- By Mr. MURKOWSKI, from the Committee band members see a spike in their in- on Energy and Natural Resources, with an nesota, the Bois Forte Bank of Chip- come—an extremely small spike mind amendment in the nature of a substitute: pewa and the Grand Portage Band of you—in 1 month out of the year. Does S. 1052. A bill to implement further the Act Chippewa. This bill would exempt in- it serve any public purpose to kick (Public Law 94–241) approving the Covenant come derived from an agreement be- them off of Federal assistance in that 1 to Establish a Commonwealth of the North- tween the two bands and the State of month, only to require them to reapply ern Mariana Islands in Political Union with Minnesota from being considered as in- in the following month? Their cir- the United States of America, and for other come for purposes of Federal assistance purposes (Rept. No. 106–204). cumstances are not changed by this eligibility when the funds from the payment. These funds will not lift any- f agreement are distributed to tribal one out of poverty, they do not replace INTRODUCTION OF BILLS AND members. an income lost to disability or age. JOINT RESOLUTIONS Under current law, most payments to This bill will ensure that members of Indians derived from trust resources the Bois Forte and Grand Portage The following bills and joint resolu- are exempt from consideration as in- tions were introduced, read the first Bands receive fair—though small— come or resources for the purposes of compensation for their foregone treaty and second time by unanimous con- determining federal benefits under var- sent, and referred as indicated: rights. It is a question of simple equity ious Federal or federally assisted pro- and I urge my colleagues to support By Mr. HOLLINGS (for himself and Mr. grams. Regulations promulgated by it.∑ THURMOND): various Federal agencies reflect the S. 1836. A bill to extend the deadline for statutory exemptions for income de- By Mr. BAUCUS: commencement of construction of a hydro- electric project in the State of Alabama; to rived from interests of individual Indi- S. 1837. A bill to amend title XIX of the Committee on Energy and Natural Re- ans in trust or restricted lands and the Social Security Act to provide low- sources. from payments distributed to tribal income Medicare beneficiaries with By Mr. BAUCUS: members as the result of Indian claims medical assistance for out-of-pocket

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.007 pfrm01 PsN: S01PT1 S13606 CONGRESSIONAL RECORD — SENATE November 1, 1999 expenditures for outpatient prescrip- Today as never before there is in- scription drug coverage. One-third of tion drugs; to the Committee on Fi- creased competition among drug com- seniors in our country have no pre- nance. panies to put out new drug therapies scription drug coverage. In rural areas, THE HEALTHY SENIORS ACT OF 1999 for the many ailments that face Ameri- it is even worse. In rural America, the Mr. BAUCUS. Mr. President, I rise cans, young and old. I, for one, do not number increases to nearly half. Sen- today to introduce the Healthy Seniors want to stunt the innovation that has iors are being denied products that can Act of 1999. Prescription drugs are a made America the leading architect of save their lives because of geography. hot topic these days. From the lawn of medical technology. Half of American seniors don’t have the White House to the TV screen in The second reason the drug benefit is prescription drug coverage. your house, everyone is talking about so important is these research efforts Part of the problem is we don’t have prescription drugs, and for good reason. are increasingly fruitful. Drugs can a lot of managed care in rural areas. In Americans have the greatest health now treat illnesses where formally sur- fact, we have very little. Managed care care system in the world: The best doc- gery was needed. Drug coverage means will often provide drug coverage to sen- tors, the best research, and the most healthier individuals, leading to fewer iors. In many parts of America, par- effective prescription drugs. That hospitals and less time in the hospital. ticularly rural America, there is no doesn’t mean anything if thousands of New York has a plan called EPIC to managed care, much less prescription seniors can’t afford to use them. We help low-income seniors with medica- drug coverage for seniors. are creating a system where the well- tions that saved an estimated $47 mil- Recently, my staff spoke to Ardys off can buy the best health care and lion in hospitalization costs in the re- Olin and her mother Thelma of Bil- the poor can afford little more than an cent year, compared with the $41 mil- lings, MT. Both are beneficiaries of aspirin. lion it cost to run the program. David Gold Choice, Montana’s only Medicare Recently, ‘‘60 Minutes’’ did a show on Cutler, a Harvard economist, reports managed care plan. Ardys is disabled; the high cost of prescription drugs and elderly disability rates have fallen 15 Thelma is 87. For the time being, they the need to provide coverage to low-in- percent in the last decade largely be- both get prescription drug coverage come beneficiaries. National Public cause of increased use of prescription through Gold Choice, the only managed Radio has run a series of stories on the drugs. care program for Medicare in Montana. rising cost of prescription drugs and Barbara Holter, a Montana Medicare They are quite pleased with it. government plans to make them avail- beneficiary, last week wrote me: Because payment rates are insuffi- able to Medicare beneficiaries. Full- Senator BAUCUS . . . innovative prescrip- cient to sustain managed care in rural page advertisements and news stories tion drugs and biological therapies played an America, Gold Choice is soon going to are in our Nation’s newspapers, from important role in the treatment of arthritis. leave Montana, leaving its 2,600 bene- the Washington Post to the Billings While not a cure, these new medications can ficiaries without prescription drug cov- Gazette. We have all seen Flo and her help alleviate the pain, slow the progress of erage. Where are these people going to disease, and prevent disability. Unfortu- bowling ball. go? What are they going to do when I have a story from the Montana nately, 35 percent of Medicare beneficiaries do not have coverage. It is important that Gold Choice pulls out of Montana? Standard, Butte’s local newspaper. The Congress take action to expand access to Most employers in rural America headline reads: ‘‘Montanans Testify for drug coverage. can’t afford to offer prescription drug Medicare Drug Coverage.’’ Gone are the days when surgery and coverage in their retirement plans. The Greg Loushin’s heart breaks every time he mechanical devices alone work to save profit margins are so low in rural watches Montana’s elderly and uninsured lives and increase their quality. A America. Unfortunately, many people scrounge for change to buy prescription in rural areas have little or no retire- drugs. Oftentimes, the Butte pharmacist heart ailment that may have required pulls money from his own pocket. an extensive bypass a few years ago ment income beyond their Social Secu- Think of that, the local pharmacist can now be treated with a clot-busting rity checks. These people are hurting. pulls money from his own pocket when medication or a stent. To paraphrase Many of the 2,600 Montanans losing his own customers do not have ade- the renowned physician and health prescription drug coverage with the quate funds to pay for their drugs. care policy expert, Dr. William termination of Gold Choice—the only From the story: Schwartz, medicine is changing ‘‘from managed Medicare care program in our Pharmacist helping seniors buy drugs they the mechanical to the molecular.’’ State—don’t have enough money of need from his own money. Everyone seems to recognize this their own to buy Medigap coverage. People help one another out in Butte, shift. Everyone, that is except our gov- Medigap is the insurance plan offered MT. Greg’s customers are lucky to ernment. We are 60 days from the year by many companies to fill the gap be- have him for a pharmacist. But we 2000, and we are still trying to run a tween what Medicare doesn’t pay and know in our increasingly interpersonal health care program rooted in the year what Medicare should pay. Maybe peo- world, Greg’s generosity is a rare ex- 1965. ple do not have enough money to buy ception. It isn’t a long-term solution to Some say we ought to reform Medi- Medigap insurance. That is why many the problem of escalating costs of pre- care before providing a drug benefit. Americans don’t have any prescription scription drugs; creating a prescription Senator BILL ROTH, chairman of the Fi- drug coverage at all. They simply have drug benefit under Medicare is. nance Committee, has indicated his in- to hope they do not become ill and, if Why is it suddenly so important sen- terest in working in a bipartisan fash- they do, that they will be able to afford iors be given a drug benefit under ion to strengthen Medicare in the com- the cost of the drugs their doctors pre- Medicare? Why all the attention? Why ing year. I welcome his willingness to scribe. the stories? The answer is twofold. do so. Without action, Medicare will go The legislation I am introducing will First, prescription drug costs have broke in just 15 years, at the very time begin, not totally—but begin to address risen dramatically. Overall medical in- our social insurance system becomes this problem. We are not creating any flation has been slowed in recent years, inundated with the baby boom genera- new bureaucracies, no new large Gov- but the cost of prescription drugs has tion, about 15 years from now. ernment programs. We are simply ex- actually skyrocketed, rising much fast- We must act to save Medicare. We tending the reach of the Medicaid pro- er than the average cost of medical ought not let perfection be the enemy gram to administer drug coverage to care. In 1980, prescription drugs were of the good. I accept and agree that our most needy. That is it. This bill only 4 percent of total health costs. In Medicare must be changed. It is also provides prescription drug coverage to the year 2000, they will account for 16 true the average senior fills 19 prescrip- the elderly whose incomes are 175 per- percent of the total, a fourfold increase tions every year on average. Our sen- cent of the Federal poverty limit. In in 20 years. The increased costs are at- iors don’t have the luxury of waiting real terms, that means seniors making tributable both to the prices charged until the politics are right to get the up to about $13,500 a year will be pro- for the new, sophisticated drugs that drugs they need. This is particularly vided some prescription drug coverage; are being developed by pharmaceutical true in rural areas. $16,800 in the case of couples. companies, and to increase use of the As this chart indicates, one-third of This bill impacts seniors who are less drugs by our seniors. Medicare beneficiaries have no pre- able to pay for their prescription drugs.

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.018 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13607 Consider the following data graciously By Mr. WELLSTONE: pursuit of economic opportunities to provided by, and under review at, S. 1839. A bill to provide that land improve the lives of its members. With Health Affairs, the Nation’s leading which is owned by the Lower Sioux In- that in mind, I believe it is both appro- health policy journal. dian Community in the State of Min- priate and necessary and I urge its These numbers are from a study sup- nesota but which is not held in trust by adoption. ported by the Commonwealth Fund, a the United States for the community I ask that a copy of a tribal council national philanthropic organization en- may be leased or transferred by the resolution in support of the bill be gaged in independent research on Community without further approval printed in the RECORD. health and social policy issues, and is by the United States; to the Com- The material follows: the product of the able scholarship of mittee on Indian Affairs. LOWER SIOUX COMMUNITY COUNCIL Dr. Jan Blustein, professor at the Wag- APPROVAL NOT REQUIRED TO VALIDATE LAND RESOLUTION NO. 08–99 ner School of New York University. TRANSACTIONS Whereas, The Lower Sioux Community This chart shows the extent to which ∑ Mr. WELLSTONE. Mr. President, I Council is the governing body of the Lower low-income seniors with hypertension am introducing legislation today which Sioux Indian Community in Minnesota, a have prescription drug coverage. Hy- will allow the Lower Sioux Indian federally recognized Indian tribe; and pertension—that is, high blood pres- Community of Minnesota to sell non- Whereas, The Lower Sioux Community has sure—is prevalent among the elderly, trust land which falls outside their res- in the past purchased land in its own name occurring in better than 50 percent of ervation borders. Enactment of this in fee simple for various Community pur- persons over age 65. As you can see, bill would give the Lower Sioux the poses, including the promotion of economic development that would enable the Commu- seniors with hypertension, with in- same rights as any other landowner: to nity and its members to become self-suffi- comes between 100 and 125 percent of conduct real estate transactions with- cient; and poverty, only have prescription drug out an act of Congress. Whereas, The Community must make addi- coverage about 65 percent of the time. The Lower Sioux Community has ac- tional such purchases in the future for eco- Again, seniors whose income is be- quired several parcels of land outside nomic development, housing, and other pur- tween 100 percent and 125 percent of its reservation borders. None of these poses; and poverty have prescription drug cov- lands are held in trust by the United Whereas, There is no certainty that the erage only about 65 percent of the States. The Community pays state and Community will be able to transfer any of its time. Those between 126 percent and local property taxes on the land and is fee land to the United States to hold in trust for the Community; and 150 percent of poverty, the next line not exempted from local zoning ordi- Whereas, Under current federal law, when down, fare even worse, receiving drug nances. The Community is treated like the Community purchases land in fee it must coverage only about half the time, 55 any other non-Indian land owner with pay taxes on such land but it is not allowed percent of the time. regard to these parcels under the law— to transfer, lease, mortgage, or otherwise Mr. President, 150 percent of poverty except that federal law requires that convey interests in such land without a con- is not a lot of money, only about $11,500 Congress approve the sale of land gressional statute allowing it to do so; and a year. There is clearly a need to help owned in fee simple by Indian tribes. In Whereas, The restrictions on the transfer, these people, and the bill I am intro- other words, should the Community lease, and mortgage of Community fee land ducing today does just that. wish to engage in almost any kind of unfairly burden the Community’s develop- Let me be clear in stating this legis- ment projects, and place the Community in a land transaction involving these par- worse position than any other surrounding lation is not intended as a permanent cels, Congress must pass legislation to landowner. solution to the prescription drug prob- allow it to happen. Now Therefore be it Resolved that: The lem. It does not provide stop-loss cov- The Community seeks to have this Lower Sioux Community Council urges the erage for beneficiaries whose drug bills burden lifted from them. It argues that Minnesota congressional delegation specifi- measure in the thousands of dollars. the Community’s development projects cally, and Congress generally, to support leg- And because it uses Medicaid, the leg- are unfairly restricted by this require- islation that will remove the restrictions on islation uses a delivery mechanism ment. Indeed, my colleagues know how the Community’s ability to transfer, lease, that can differ from State to State in long it can take for Congress to act on mortgage, or otherwise convey interests in the scope of benefits it provides. But it even the most parochial and non-con- land owned by it in fee. The removal of these restrictions will allow the Community to use does provide a benefit to those who troversial of legislation. Last year, we its fee land in the same manner as any other need it the most. It is not perfect, but were successful in passing legislation landowner in order to develop its economy it is a start. Most important, it is an authorizing the sale of a single parcel and provide services to its members.∑ idea that has broad-based support from of land owned by the Lower Sioux. It f the public and in the Congress. passed as part of a technical amend- The Medicare Commission, although ments bill, but the entire process took ADDITIONAL COSPONSORS unable to reach a supermajority on its over six months. All of this for a plot S. 345 recommendation to fix the program— of land no bigger than thirteen acres. At the request of Mr. ALLARD, the that is, Medicare—proposed covering Obviously, such hurdles can make name of the Senator from Delaware drugs for low-income seniors through dealing with the Lower Sioux Commu- (Mr. ROTH) was added as a cosponsor of Medicare. In a recent poll, 86 percent of nity complicated and time consuming. S. 345, a bill to amend the Animal Wel- Americans favored adding a new Medi- Congress could even choose not to act fare Act to remove the limitation that care drug benefit to cover part of the upon a request. This puts the band at a permits interstate movement of live cost of the prescription drugs. competitive disadvantage relative to birds, for the purpose of fighting, to During the recent debate over tax other land owners. The Lower Sioux is States in which animal fighting is law- cuts and the Federal budget, I, with 33 not a wealthy community. It can ill af- ful. of my colleagues, sent the President a ford the hassles of pursuing closure in S. 424 letter urging him to set aside one-third Washington to deals in Minnesota. of the on-budget surplus for Medicare. I This legislation is introduced at the At the request of Mr. COVERDELL, the am pleased he announced his inten- request of the Lower Sioux Commu- name of the Senator from Tennessee tions just last week to do that, to fund nity. The legislation does not cover (Mr. FRIST) was added as a cosponsor of a prescription drug benefit. Although any other tribe besides the Lower S. 424, a bill to preserve and protect the creating a prescription drug benefit Sioux Community, and again, it applies free choice of individuals and employ- will be expensive, I think inaction is only to land not held in trust by the ees to form, join, or assist labor organi- even more costly. In the words of the United States or that is not within the zations, or to refrain from such activi- former President, Calvin Coolidge, ‘‘We borders of the Community’s reserva- ties. cannot do everything at once but we tion. This is a narrowly focused bill de- S. 670 can do something at once.’’ signed to meet the unique needs and At the request of Mr. JEFFORDS, the Let’s do that something now to help circumstances of the Lower Sioux name of the Senator from Nebraska our most vulnerable seniors, help them Community. (Mr. KERREY) was added as a cosponsor pay for the drugs that can save their Mr. President, this legislation will of S. 670, a bill to amend the Internal lives. lower barriers to the Lower Sioux’s Revenue Code of 1986 to provide that

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.023 pfrm01 PsN: S01PT1 S13608 CONGRESSIONAL RECORD — SENATE November 1, 1999 the exclusion from gross income for SNOWE), the Senator from Delaware appointing members of the Keweenaw foster care payments shall also apply (Mr. ROTH), the Senator from New Jer- National Historic Park Advisory Com- to payments by qualifying placement sey (Mr. TORRICELLI), the Senator from mission. agencies, and for other purposes. Kansas (Mr. ROBERTS), and the Senator SENATE CONCURRENT RESOLUTION 63 S. 678 from Hawaii (Mr. AKAKA) were added as At the request of Mr. ABRAHAM, the At the request of Mrs. FEINSTEIN, the cosponsors of S. 1419, a bill to amend name of the Senator from Massachu- name of the Senator from North Caro- title 36, United States Code, to des- setts (Mr. KENNEDY) was added as a co- lina (Mr. EDWARDS) was added as a co- ignate May as ‘‘National Military Ap- sponsor of Senate Concurrent Resolu- sponsor of S. 678, a bill to establish cer- preciation Month’’. tion 63, a concurrent resolution contain safeguards for the protection of At the request of Mrs. MURRAY, her demning the assassination of Armenian purchasers in the sale of motor vehi- name was added as a cosponsor of S. Prime Minister Vazgen Sargsian and cles that are salvage or have been dam- 1419, supra. other officials of the Armenian Govern- aged, to require certain safeguards con- S. 1510 ment and expressing the sense of the cerning the handling of salvage and At the request of Mr. MCCAIN, the Congress in mourning this tragic loss nonrebuildable vehicles, to support the name of the Senator from South Caro- of the duly elected leadership of Arme- flow of important vehicle information lina (Mr. THURMOND) was added as a co- nia. to the National Motor Vehicle Title In- sponsor of S. 1510, a bill to revise the SENATE RESOLUTION 108 formation System, and for other pur- laws of the United States appertaining poses. At the request of Mr. BREAUX, the to United States cruise vessels, and for names of the Senator from Delaware S. 866 other purposes. (Mr. ROTH), the Senator from Nebraska At the request of Mr. CONRAD, the name of the Senator from Washington S. 1515 (Mr. HAGEL), the Senator from Arkan- (Mr. GORTON) was added as a cosponsor At the request of Mr. HATCH, the sas (Mrs. LINCOLN), the Senator from of S. 866, a bill to direct the Secretary name of the Senator from South Da- Iowa (Mr. GRASSLEY), and the Senator of Health and Human Services to revise kota (Mr. JOHNSON) was added as a co- from New York (Mr. SCHUMER) were existing regulations concerning the sponsor of S. 1515, a bill to amend the added as cosponsors of Senate Resolu- conditions of participation for hos- Radiation Exposure Compensation Act, tion 108, a resolution designating the pitals and ambulatory surgical centers and for other purposes. month of March each year as ‘‘National under the medicare program relating S. 1528 Colorectal Cancer Awareness Month’’. to certified registered nurse anes- At the request of Mr. LOTT, the SENATE RESOLUTION 128 thetists’ services to make the regula- names of the Senator from Rhode Is- At the request of Mr. COCHRAN, the tions consistent with State supervision land (Mr. REED) and the Senator from names of the Senator from Montana requirements. Massachusetts (Mr. KERRY) were added (Mr. BAUCUS) and the Senator from S. 1158 as cosponsors of S. 1528, a bill to amend Delaware (Mr. ROTH) were added as co- At the request of Mr. HUTCHINSON, the Comprehensive Environmental Re- sponsors of Senate Resolution 128, a the name of the Senator from Wyoming sponse, Compensation, and Liability resolution designating March 2000, as (Mr. THOMAS) was added as a cosponsor Act of 1980 to clarify liability under ‘‘Arts Education Month’’. of S. 1158, a bill to allow the recovery that Act for certain recycling trans- SENATE RESOLUTION 196 of attorney’s fees and costs by certain actions. At the request of Mr. WARNER, the employers and labor organizations who S. 1547 names of the Senator from Wisconsin are prevailing parties in proceedings At the request of Mr. MACK, his name (Mr. FEINGOLD), the Senator from Lou- brought against them by the National was added as a cosponsor of S. 1547, a isiana (Ms. LANDRIEU), and the Senator Labor Relations Board or by the Occu- bill to amend the Communications Act from Arizona (Mr. MCCAIN) were added pational Safety and Health Adminis- of 1934 to require the Federal Commu- as cosponsors of Senate Resolution 196, tration. nications Commission to preserve low- a resolution commending the sub- S. 1187 power television stations that provide marine force of the United States Navy At the request of Mr. DORGAN, the community broadcasting, and for other on the 100th anniversary of the force. names of the Senator from Georgia purposes. f (Mr. COVERDELL) and the Senator from S. 1623 Rhode Island (Mr. REED) were added as SENATE RESOLUTION 212—TO DES- At the request of Mr. SPECTER, the cosponsors of S. 1187, a bill to require IGNATE AUGUST 1, 2000, AS ‘‘NA- names of the Senator from Delaware the Secretary of the Treasury to mint TIONAL RELATIVES AS PARENTS (Mr. ROTH) and the Senator from Or- coins in commemoration of the bicen- DAY’’ egon (Mr. WYDEN) were added as co- tennial of the Lewis and Clark Expedi- sponsors of S. 1623, a bill to select a Na- Mr. ABRAHAM submitted the fol- tion, and for other purposes. tional Health Museum site. lowing resolution; which was referred S. 1327 to the Committee on the Judiciary: S. 1708 At the request of Mr. DODD, his name S. RES. 212 was added as a cosponsor of S. 1327, a At the request of Mr. MOYNIHAN, the name of the Senator from South Caro- Whereas children are this Nation’s most bill to amend part E of title IV of the valuable resource; lina (Mr. HOLLINGS) was added as a co- Social Security Act to provide States Whereas the most important responsibility with more funding and greater flexi- sponsor of S. 1708, a bill to amend the for this Nation’s lawmakers and citizens is bility in carrying out programs de- Employee Retirement Income Security the protection and care of children; signed to help children make the tran- Act of 1974 and the Internal Revenue Whereas in order to ensure the future suc- sition from foster care to self-suffi- Code of 1986 to require plans which cess of this Nation, children must be taught ciency, and for other purposes. adopt amendments that significantly values that will help them lead happy, healthy, and productive lives; S. 1384 reduce future benefit accruals to pro- Whereas the family unit is most suitable At the request of Mr. ABRAHAM, the vide participants with adequate notice of the changes made by such amend- to provide the special care and attention names of the Senator from North Da- needed by children; kota (Mr. DORGAN) and the Senator ments. Whereas this year, many children will suf- from North Dakota (Mr. CONRAD) were S. 1781 fer from child abuse, neglect, poor nutrition, added as cosponsors of S. 1384, a bill to At the request of Mr. LEVIN, the and insufficient child care, all of which jeop- amend the Public Health Service Act name of the Senator from Michigan ardize the well-being of young children and to provide for a national folic acid edu- (Mr. ABRAHAM) was added as a cospon- the opportunity for a fulfilling and success- cation program to prevent birth de- sor of S. 1781, a bill to amend the Act ful adulthood; Whereas extended family members, willing fects, and for other purposes. that established the Keweenaw Na- to open their hearts and homes to children S. 1419 tional Historical Park to require the whose immediate families are in crises, play At the request of Mr. MCCAIN, the Secretary of the Interior to consider an indispensable role in helping those chil- names of the Senator from Maine (Ms. nominees of various local interests in dren heal by providing them with a stable

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.020 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13609 and secure environment in which they can to open their hearts and homes to chil- Mendelson v. Delaware River and Bay Author- grow and develop; dren whose families are in crisis. These ity, except concerning matters for which a Whereas approximately 520,000 children are special people play an indispensable privilege should be asserted. currently under the care and guidance of fos- role in helping children heal—pro- SEC. 2. The Senate Legal Counsel is author- ter parents—about 150,800, or 29 percent, of ized to represent David P. Hauck, Julie B. whom are children living in foster homes viding children with a stable and se- Cardillo, Bonnie Powell, and any other cur- with extended family members who care for cure environment in which they can rent or former employee of the Senate in these children and provide them with a posi- grow and develop into successful connection with the testimony and docu- tive home environment; and adults. ment production authorized in section one. Whereas ‘‘National Relatives as Parents Mr. President, approximately 520,000 f Day’’ is an appropriate occasion to recognize children live with foster families— the dedication, compassion, and selflessness about 150,800, or 29 percent, of whom AMENDMENTS SUBMITTED of extended family members who willingly are children living with relatives who assume the often thankless responsibility of providing a relative child with a family and are willing to take in relative children, AFRICAN GROWTH AND home: Now, therefore, be it providing them with guidance and a OPPORTUNITY ACT Resolved, That the Senate— caring and positive home environment. (1) designates August 1, 2000, as ‘‘National It is in honor of these individuals that Relatives as Parents Day’’; and I stand today, for without their self- FEINGOLD AMENDMENTS NOS. (2) requests that the President issue a lessness, many of the close to 160,000 2427–2428 proclamation calling on the people of the children would either remain in United States to observe ‘‘National Relatives (Ordered to lie on the table.) unhealthy and unsafe environments or as Parents Day’’ with appropriate cere- Mr. FEINGOLD submitted two be uprooted and placed in temporary monies and activities. amendments intended to be proposed group homes. Relatives who take on by him to the bill (H.R. 434) to author- Mr. ABRAHAM. Mr. President, today the responsibility of parents deserve ize a new trade and investment policy I rise to introduce my resolution which special recognition for their long-last- for sub-Sahara Africa; as follows: would recognize August 1st, 2000 as ing contributions to their children and ‘‘National Relatives as Parents Day.’’ to the larger community. AMENDMENT NO. 2427 Mr. President, last year the state of It is my hope that all of my col- Strike sections 111 through 114 and insert Michigan and its Governor, John leagues will join with me in recogni- the following: Engler, declared August 1, 1999, as Rel- tion of all of this country’s relatives, SEC. 111. ENCOURAGING MUTUALLY BENEFICIAL atives Raising Relative Children Day who as parents, have had an incalcu- TRADE AND INVESTMENT. (a) FINDINGS.—Congress makes the fol- in order to recognize the enduring and lable positive impact in the lives of valuable contributions of those individ- lowing findings: young children in need of a family and (1) A mutually beneficial United States uals willing to raise relative children home. as their own sons and daughters. I be- Sub-Saharan Africa trade policy will grant f new access to the United States market for lieve that we should follow the exam- a broad range of goods produced in Africa, by ple set by my home State and recog- SENATE RESOLUTION 213—TO AU- Africans, and include safeguards to ensure nize all of our relatives raising rel- THORIZE TESTIMONY, DOCU- that the corporations manufacturing these atives. MENT PRODUCTION, AND REP- goods (or the product or manufacture of the Mr. President, my resolution declar- RESENTATION OF EMPLOYEES IN oil or mineral extraction industry) respect the rights of their employees and the local ing August 1, 2000 as ‘‘National Rel- THE SENATE atives as Parents Day’’ provides the environment. Such trade opportunities will perfect opportunity to recognize and Mr. LOTT (for himself and Mr. promote equitable economic development DASCHLE) submitted the following reso- and thus increase demand in African coun- honor the dedication and compassion of tries for United States goods and service ex- relatives who willingly take on the lution; which was considered and agreed to: ports. often thankless responsibility of pro- (2) Recognizing that the global system of viding a relative child in need of a fam- S. RES. 213 textile and apparel quotas under the ily and home. Whereas, in the case of Bonnie Mendelson v. MultiFiber Arrangement will be phased out Mr. President, there is little doubt Delaware River and Bay Authority, Civil Ac- under the Uruguay Round Agreements over that children are our Nation’s most tion No. 98–90–GSL, pending in the U.S. Dis- the next 5 years with the total termination valuable resource. They are, quite lit- trict Court for the District of Delaware, tes- of the quota system in 2005, the grant of ad- timony has been requested from David P. ditional access to the United States market erally, America’s future. And, it is our Hauck and Julie B. Cardillo, employees of in these sectors is a short-lived benefit. most important responsibility as law- the Congressional Special Services Office, (b) TREATMENT OF QUOTAS.— makers and as citizens to protect and and Bonnie Powell, a former employee of the (1) KENYA AND MAURITIUS.—Pursuant to the care for our most vulnerable charges. Congressional Special Services Office; Agreement on Textiles and Clothing, the Mr. President, there is also little Whereas, pursuant to sections 703(a) and United States shall eliminate the existing doubt that the family plays a vital and 704(a)(2) of the Ethics in Government Act of quotas on textile and apparel imports to the irreplaceable role in providing young 1978, 2 U.S.C. § § 288b(a) and 288c(a)(2), the United States from Kenya and Mauritius, re- children with the secure and caring en- Senate may direct its counsel to represent spectively, not later than 30 days after each employees of the Senate with respect to any country demonstrates the following: vironment necessary to teach them the subpoena, order, or request for testimony re- (A) The country is not ineligible for bene- values integral to leading a happy, lating to their official responsibilities; fits under section 502(b)(2) of the Trade Act healthy and productive life. Mr. Presi- Whereas, by the privileges of the Senate of of 1974 (19 U.S.C. 2462(b)(2)). dent, it is within the family that chil- the United States and Rule XI of the Stand- (B) The country does not engage in signifi- dren best receive the special care and ing Rules of the Senate, no evidence under cant violations of internationally recognized attention necessary for their proper de- the control or in the possession of the Senate human rights and the Secretary of State velopment. may, by the administrative or judicial proc- agrees with this determination. Unfortunately, not all children grow ess, be taken from such control or possession (C)(i) The country is providing for effective but by permission of the Senate; enforcement of internationally recognized up in a healthy home environment. Too Whereas, when it appears that evidence worker rights throughout the country (in- many children will suffer from child under the control or in the possession of the cluding in export processing zones) as deter- abuse or neglect, poor nutrition and in- Senate may promote the administration of mined under paragraph (5), including the sufficient child care, all of which jeop- justice, the Senate will take such action as core labor standards enumerated in the ap- ardize the well-being of a young child will promote the ends of justice consistently propriate treaties of the International Labor and his or her opportunity for a ful- with the privileges of the Senate: Now, Organization, and including— filling and successful adulthood. Sadly, therefore, be it (I) the right of association; in the event that the family unit Resolved, That David P. Hauck, Julie B. (II) the right to organize and bargain col- Cardillo, Bonnie Powell, and any other cur- lectively; breaks down, the child cannot remain rent or former employee of the Senate from (III) a prohibition on the use of any form of in his or her existing home situation. whom testimony or document production coerced or compulsory labor; Mr. President, I am pleased to note may be required, are authorized to testify (IV) the international minimum age for that there are many individuals willing and produce documents in the case of Bonnie the employment of children (age 15); and

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.022 pfrm01 PsN: S01PT1 S13610 CONGRESSIONAL RECORD — SENATE November 1, 1999

(V) acceptable conditions of work with re- (i) IN GENERAL.—For purposes of carrying that would apply to a similar operation in spect to minimum wages, hours of work, and out paragraph (1)(C), the Secretary of Labor, the United States, the European Union, occupational safety and health. in consultation with the individuals de- Japan, or any other developed country (or (ii) The government of the country ensures scribed in clause (ii) and pursuant to the pro- group of developed countries), as the case that the Secretary of Labor, the head of the cedures described in clause (iii), shall deter- may be. national labor agency of the government of mine whether or not each sub-Saharan Afri- (d) CUSTOMS PROCEDURES AND ENFORCE- that country, and the head of the Inter- can country is providing for effective en- MENT.— national Confederation of Free Trade forcement of internationally recognized (1) OBLIGATIONS OF IMPORTERS AND PARTIES Unions-Africa Region Office (ICFTU–AFRO) worker rights throughout the country (in- ON WHOSE BEHALF APPAREL AND TEXTILES ARE each has access to all appropriate records cluding in export processing zones). IMPORTED.— and other information of all business enter- (ii) INDIVIDUALS DESCRIBED.—The individ- (A) IN GENERAL.—Notwithstanding any prises in the country. uals described in this clause are the head of other provision of law, all imports to the (D) The country is taking adequate meas- the national labor agency of the government United States of textile and apparel goods ures to prevent illegal transshipment of of the sub-Saharan African country in ques- pursuant to this Act shall be accompanied goods that is carried out by rerouting, false tion and the head of the International Con- by— declaration concerning country of origin or federation of Free Trade Unions-Africa Re- (i)(I) the name and address of the manufac- place of origin, falsification of official docu- gion Office (ICFTU–AFRO). turer or producer of the goods, and any other ments, evasion of United States rules of ori- (iii) PUBLIC COMMENT.—Not later than 90 information with respect to the manufac- gin for textile and apparel goods, or any days before the Secretary of Labor makes a turer or producer that the Customs Service other means, in accordance with the require- determination that a country is in compli- may require; and ments of subsection (d). ance with the requirements of paragraph (II) if there is more than one manufacturer (E) The country is taking adequate meas- (1)(C), the Secretary shall publish notice in or producer, or if there is a contractor or ures to prevent being used as a transit point the Federal Register and an opportunity for subcontractor of the manufacturer or pro- for the shipment of goods in violation of the public comment. The Secretary shall take ducer with respect to the manufacture or Agreement on Textiles and Clothing or any into consideration the comments received in production of the goods, the information re- other applicable textile agreement. making a determination under such para- quired under subclause (I) with respect to (F) The cost or value of the textile or ap- graph (1)(C). each such manufacturer, producer, con- parel product produced in the country, or by (B) CONTINUING COMPLIANCE.—In the case of tractor, or subcontractor, including a de- companies in any 2 or more sub-Saharan Af- a country for which the Secretary of Labor scription of the process performed by each rican countries, plus the direct costs of proc- has made an initial determination under sub- such entity; essing operations performed in the country paragraph (A) that the country is in compli- (ii) a certification by the importer of or such countries, is not less than 60 percent ance with the requirements of paragraph record that the importer has exercised rea- of the appraised value of the product at the (1)(C), the Secretary, in consultation with sonable care to ascertain the true country of time it is entered into the customs territory the individuals described in subparagraph origin of the textile and apparel goods and of the United States. (A), shall, not less than once every 3 years the accuracy of all other information pro- (G) Not less than 90 percent of employees thereafter, conduct a review and make a de- vided on the documentation accompanying in business enterprises producing the textile termination with respect to that country to the imported goods, as well as a certification and apparel goods are citizens of that coun- ensure continuing compliance with the re- of the specific action taken by the importer try, or any 2 or more sub-Saharan African quirements of paragraph (1)(C). The Sec- to ensure reasonable care for purposes of this countries. retary shall submit the determination to paragraph; and (H) The country has established, or is mak- Congress. (iii) a certification by the importer that ing continual progress toward establishing— (C) REPORT.—Not later than 6 months after the goods being entered do not violate appli- (i) a market-based economy, where private the date of enactment of this Act, and on an cable trademark, copyright, and patent laws. property rights are protected and the prin- annual basis thereafter, the Secretary of (B) LIABILITY.—The importer of record and ciples of an open, rules-based trading system Labor shall prepare and submit to Congress the final retail seller of the merchandise are observed; a report containing— shall be jointly liable for any material false (ii) a democratic society, where the rule of (i) a description of each determination statement, act, or omission made with the law, political freedom, participatory democ- made under this paragraph during the pre- intention or effect of— racy, and the right to due process and a fair ceding year; (i) circumventing any quota that applies to trial are observed; (ii) a description of the position taken by the merchandise; or (iii) an open trading system through the each of the individuals described in subpara- (ii) avoiding any duty that would other- elimination of barriers to United States graph (A)(ii) with respect to each such deter- wise be applicable to the merchandise. trade and investment and the resolution of mination; and (2) OBLIGATIONS OF COUNTRIES TO TAKE AC- bilateral trade and investment disputes; and (iii) a report on the public comments re- TION AGAINST TRANSSHIPMENT AND CIRCUMVEN- (iv) economic policies to reduce poverty, ceived pursuant to subparagraph (A)(iii). TION.—The President shall ensure that any country in sub-Saharan Africa that intends increase the availability of health care and (6) REPORT.—Not later than March 31 of educational opportunities, expand physical each year, the President shall publish in the to import textile and apparel goods into the infrastructure, and promote the establish- Federal Register and submit to Congress a United States— ment of private enterprise. report on the growth in textiles and apparel (A) has in place adequate measures to (2) OTHER SUB-SAHARAN COUNTRIES.—The imported into the United States from coun- guard against unlawful transshipment of tex- President shall continue the existing no tries in sub-Saharan Africa in order to in- tile and apparel goods and the use of coun- quota policy for each other country in sub- form United States consumers, workers, and terfeit documents; and Saharan Africa if the country is in compli- textile manufacturers about the effects of (B) will cooperate fully with the United ance with the requirements applicable to the no quota policy. States to address and take action necessary Kenya and Mauritius under subparagraphs (c) TREATMENT OF TARIFFS.—The President to prevent circumvention of any provision of (A) through (H) of paragraph (1). shall provide an additional benefit of a 50 this section or of any agreement regulating (3) TECHNICAL ASSISTANCE.—The Customs percent tariff reduction for any textile and trade in apparel and textiles between that Service shall provide the necessary technical apparel product of a sub-Saharan African country and the United States. assistance to sub-Saharan African countries country that meets the requirements of sub- (3) STANDARDS OF PROOF.— in the development and implementation of paragraphs (A) through (H) of subsection (A) FOR IMPORTERS AND RETAILERS.— adequate measures against the illegal trans- (b)(1) and subsection (d) and that is imported (i) IN GENERAL.—The United States Cus- shipment of goods. directly into the United States from such toms Service (in this Act referred to as the (4) OFFSETTING REDUCTION OF CHINESE sub-Saharan African country if the business ‘‘Customs Service’’) shall seek imposition of QUOTA.—When the quota for textile and ap- enterprise, or a subcontractor of the enter- a penalty against an importer or retailer for parel products imported from Kenya or Mau- prise, producing the product is in compliance a violation of any provision of this section if ritius is eliminated, the quota for textile and with the following: the Customs Service determines, after appro- apparel products from the People’s Republic (1) Citizens of 1 or more sub-Saharan Afri- priate investigation, that there is a substan- of China for each calendar year in each prod- can countries own not less than 51 percent of tial likelihood that the violation occurred. uct category shall be reduced by the amount the business enterprise. (ii) USE OF BEST AVAILABLE INFORMATION.— equal to the volume of all textile and apparel (2) If the business enterprise involves a If an importer or retailer fails to cooperate products in that product category imported joint-venture arrangement with, or related with the Customs Service in an investigation from all sub-Saharan African countries into to as a subsidiary, trust, or subcontractor, a to determine if there has been a violation of the United States in the preceding calendar business enterprise organized under the laws any provision of this section, the Customs year, plus 5 percent of that amount. of the United States, the European Union, Service shall base its determination on the (5) DETERMINATION OF COMPLIANCE WITH Japan, or any other developed country (or best available information. INTERNATIONALLY RECOGNIZED WORKER group of developed countries), or operating (B) FOR COUNTRIES.— RIGHTS.— in such countries, the business enterprise (i) IN GENERAL.—The President may deter- (A) DETERMINATION.— complies with the environmental standards mine that a country is not taking adequate

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.025 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13611

measures to prevent illegal transshipment of (B) to prevent circumvention of this sec- ‘‘(6) SUB-SAHARAN AFRICAN COUNTRY.—The goods or to prevent being used as a transit tion or of any agreement regulating trade in terms ‘sub-Saharan African country’ and point for the shipment of goods in violation textiles and apparel between that country ‘sub-Saharan African countries’ mean a of this section if the Customs Service deter- and the United States. country or countries in sub-Saharan Africa, mines, after consultations with the country (e) DEFINITION.—In this section, the term as defined in section 104 of the African concerned, that there is a substantial likeli- ‘‘Agreement on Textiles and Clothing’’ Growth and Opportunity Act. hood that a violation of this section oc- means the Agreement on Textiles and Cloth- ‘‘(7) LOME TREATY PRODUCT LIST.—The term curred. ing referred to in section 101(d)(4) of the Uru- ‘Lome Treaty product list’ means the list of (ii) USE OF BEST AVAILABLE INFORMATION.— guay Round Agreements Act (19 U.S.C. products that may be granted duty-free ac- (I) IN GENERAL.—If a country fails to co- 3511(d)(4)). cess into the European Union according to operate with the Customs Service in an in- SEC. 112. GENERALIZED SYSTEM OF PREF- the provisions of the fourth iteration of the vestigation to determine if an illegal trans- ERENCES. Lome Covention between the European shipment has occurred, the Customs Service (a) PREFERENTIAL TARIFF TREATMENT FOR Union and the African-Caribbean and Pacific shall base its determination on the best CERTAIN ARTICLES.—Section 503(a)(1) of the States (commonly referred to as ‘Lome IV’) available information. Trade Act of 1974 (19 U.S.C. 2463(a)(1)) is signed on November 4, 1995.’’. (II) EXAMPLES.—Actions indicating failure amended— (e) CLERICAL AMENDMENT.—The table of of a country to cooperate under subclause (I) (1) by redesignating subparagraph (C) as contents for title V of the Trade Act of 1974 include— subparagraph (D); and is amended by inserting after the item relat- (aa) denying or unreasonably delaying (2) by inserting after subparagraph (B) the ing to section 505 the following new item: entry of officials of the Customs Service to following: ‘‘505A. Termination of benefits for sub-Saha- investigate violations of, or promote compli- ‘‘(C) ELIGIBLE COUNTRIES IN SUB-SAHARAN ran African countries.’’. ance with, this section or any textile agree- AFRICA.— (f) EFFECTIVE DATE.—The amendments ment; ‘‘(i) IN GENERAL.— made by this section take effect on the date (bb) providing appropriate United States ‘‘(I) DUTY-FREE TREATMENT.—Subject to that is 30 days after the date enactment of officials with inaccurate or incomplete infor- clause (ii), the President may provide duty- this Act. mation, including information required free treatment for any article described in under the provisions of this section; and SEC. 113. ADDITIONAL ENFORCEMENT. subclause (II) that is imported directly into (cc) denying appropriate United States of- A citizen of the United States shall have a the United States from a sub-Saharan Afri- ficials access to information or documenta- cause of action in the United States district can country. tion relating to production capacity of, and court in the district in which the citizen re- ‘‘(II) ARTICLE DESCRIBED.— outward processing done by, manufacturers, sides or in any other appropriate district to ‘‘(aa) IN GENERAL.—An article described in producers, contractors, or subcontractors seek compliance with the standards set forth this subclause is an article set forth in the within the country. under subparagraphs (A) through (H) of sec- most current Lome Treaty product list, that (4) PENALTIES.— tion 111(b)(1), section 111(c), and section is the growth, product, or manufacture of a (A) FOR IMPORTERS AND RETAILERS.—The 111(d) of this Act with respect to any sub-Sa- penalty for a violation of any provision of sub-Saharan African country that is a bene- haran African country, including a cause of this section by an importer or retailer of tex- ficiary developing country and that is in action in an appropriate United States dis- tile and apparel goods— compliance with the requirements of sub- trict court for other appropriate equitable (i) for a first offense (except as provided in sections (b) and (d) of section 111 of the Afri- relief. In addition to any other relief sought clause (iii)), shall be a civil penalty in an can Growth and Opportunity Act, with re- in such an action, a citizen may seek three amount equal to 200 percent of the declared spect to such article, if, after receiving the times the value of any damages caused by value of the merchandise, plus forfeiture of advice of the International Trade Commis- the failure of a country or company to com- the merchandise; sion in accordance with subsection (e), the ply. The amount of damages described in the (ii) for a second offense (except as provided President determines that such article is not preceding sentence shall be paid by the busi- in clause (iii)), shall be a civil penalty in an import-sensitive in the context of all articles ness enterprise (or business enterprises) the amount equal to 400 percent of the declared imported from United States Trading part- operations or conduct of which is responsible value of the merchandise, plus forfeiture of ners. This subparagraph shall not affect the for the failure to meet the standards set the merchandise, and, shall be punishable by designation of eligible articles under sub- forth under subparagraphs (A) through (H) of a fine of not more than $100,000, imprison- paragraph (B). section 111(b)(1), section 111(c), and section ment for not more than 1 year, or both; and ‘‘(bb) OTHER REQUIREMENTS.—In addition to 111(d). (iii) for a third or subsequent offense, or meeting the requirements of division (aa), in SEC. 114. UNITED STATES-SUB-SAHARAN AFRI- for a first or second offense if the violation the case of an article that is the product or CAN TRADE AND ECONOMIC CO- of the provision of this section is committed manufacture of the oil or mineral extraction OPERATION FORUM. knowingly and willingly, shall be punishable industry, and the business enterprise that (a) DECLARATION OF POLICY.—The President by a fine of not more than $1,000,000, impris- produces or manufactures the article is in- shall convene annual meetings between sen- onment for not more than 5 years, or both, volved in a joint-venture arrangement with, ior officials of the United States Government and, in addition, shall result in forfeiture of or related to as a subsidiary, trust, or sub- and officials of the governments of sub-Saha- the merchandise. contractor, a business enterprise organized ran African countries in order to foster close (B) FOR COUNTRIES.—If a country fails to under the laws of the United States, the Eu- economic ties between the United States and undertake the measures or fails to cooperate ropean Union, Japan, or any other developed sub-Saharan Africa. as required by this section, the President country (or group of developed countries), or (b) ESTABLISHMENT.—Not later than 12 shall impose a quota on textile and apparel operating in such countries, the business en- months after the date of enactment of this goods imported from the country, based on terprise complies with the environmental Act, the President, after consulting with the the volume of such goods imported during standards that would apply to a similar oper- officials of interested sub-Saharan African the first 12 of the preceding 24 months, or ation in the United States, the European governments, shall establish a United shall impose a duty on the apparel or textile Union, Japan, or any other developed coun- States-Sub-Saharan African Trade and Eco- goods of the country, at a level designed to try (or group of developed countries), as the nomic Cooperation Forum (in this section secure future cooperation. case may be. referred to as the ‘‘Forum’’). (5) APPLICABILITY OF UNITED STATES LAWS ‘‘(ii) RULE OF CONSTRUCTION.—For purposes (c) REQUIREMENTS.—In creating the Forum, AND PROCEDURES.—All provisions of the laws, of clause (i), in applying section 111(b)(1) (A) the President shall meet the following re- regulations, and procedures of the United through (H) and section 111(d) of the African quirements: States relating to the denial of entry of arti- Growth and Opportunity Act, any reference (1) FIRST MEETING.—The President shall di- cles or penalties against individuals or enti- to textile and apparel goods or products shall rect the Secretary of Commerce, the Sec- ties for engaging in illegal transshipment, be deemed to refer to the article provided retary of the Treasury, the Secretary of fraud, or other violations of the customs duty-free treatment under clause (i).’’. State, and the United States Trade Rep- laws, shall apply to imports of textiles and (b) TERMINATION.—Title V of the Trade Act resentative to invite their counterparts from apparel from sub-Saharan African countries, of 1974 is amended by inserting after section interested sub-Saharan African governments in addition to the specific provisions of this 505 the following new section: and representatives of appropriate regional section. ‘‘SEC. 505A. TERMINATION OF BENEFITS FOR organizations to participate in the first an- (6) MONITORING AND REPORTS TO CON- SUB-SAHARAN AFRICAN COUNTRIES. nual meeting to discuss expanding trade and GRESS.—Not later than March 31 of each ‘‘No duty-free treatment provided under investment relations between the United year, the Customs Service shall monitor and this title shall remain in effect after Sep- States and sub-Saharan Africa. the Commissioner of Customs shall submit tember 30, 2006 in the case of a beneficiary (2) NONGOVERNMENTAL ORGANIZATIONS.— to Congress a report on the measures taken developing country that is a sub-Saharan Af- (A) IN GENERAL.—The President, in con- by each country in sub-Saharan Africa that rican country.’’. sultation with Congress, shall invite United imports textiles or apparel goods into the (d) DEFINITIONS.—Section 507 of the Trade States nongovernmental organizations to United States— Act of 1974 (19 U.S.C. 2467) is amended by add- host meetings with their counterparts from (A) to prevent transshipment; and ing at the end the following: sub-Saharan Africa in conjunction with

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.025 pfrm01 PsN: S01PT1 S13612 CONGRESSIONAL RECORD — SENATE November 1, 1999 meetings of the Forum for the purpose of dis- ficiary sub-Saharan African country for pur- ‘‘506B. Termination of benefits for sub-Saha- cussing the issues described in paragraph (1). poses of subsection (a). The President shall ran African countries.’’. (B) PRIVATE SECTOR.—The President, in include the reasons for the President’s deter- (e) EFFECTIVE DATE.—The amendments consultation with Congress, shall invite minations in the annual report required by made by this section take effect on October United States representatives of the private section 115 of the African Growth and Oppor- 1, 2000. sector to host meetings with their counter- tunity Act. SEC. 112. TREATMENT OF CERTAIN TEXTILES parts from sub-Saharan Africa in conjunc- ‘‘(3) CONTINUING COMPLIANCE.—If the Presi- AND APPAREL. tion with meetings of the Forum for the pur- dent determines that a beneficiary sub-Saha- (a) PREFERENTIAL TREATMENT.—Notwith- pose of discussing the issues described in ran African country is not making continual standing any other provision of law, textile paragraph (1). progress in meeting the requirements de- and apparel articles described in subsection (3) ANNUAL MEETINGS.—As soon as prac- scribed in paragraph (1), the President shall (b) (including textile luggage) imported from ticable after the date of enactment of this terminate the designation of that country as a beneficiary sub-Saharan African country, Act, the President shall meet with the heads a beneficiary sub-Saharan African country described in section 506A(c) of the Trade Act of the governments of interested sub-Saha- for purposes of this section, effective on Jan- of 1974, shall enter the United States free of ran African countries for the purpose of dis- uary 1 of the year following the year in duty and free of any quantitative limita- cussing the issues described in paragraph (1). which such determination is made. tions, if— ‘‘(b) PREFERENTIAL TARIFF TREATMENT FOR (1) the country is taking adequate meas- AMENDMENT NO. 2428 CERTAIN ARTICLES.— ures to prevent illegal transshipment of Strike sections 111 and 112, and insert: ‘‘(1) IN GENERAL.—The President may pro- goods that is carried out by rerouting, false vide duty-free treatment for any article de- SEC. 111. ELIGIBILITY FOR CERTAIN BENEFITS. declaration concerning country of origin or scribed in section 503(b)(1) (B) through (G) (a) IN GENERAL.—Title V of the Trade Act place of origin, falsification of official docu- (except for textile luggage) that is the of 1974 is amended by inserting after section ments, evasion of United States rules of ori- growth, product, or manufacture of a bene- 506 the following new section: gin for textile and apparel goods, or any ficiary sub-Saharan African country de- other means, in accordance with the require- ‘‘SEC. 506A. DESIGNATION OF SUB-SAHARAN AF- scribed in subsection (a), if, after receiving RICAN COUNTRIES FOR CERTAIN ments of subsection (c); and BENEFITS. the advice of the International Trade Com- ‘‘(2) the country is taking adequate meas- mission in accordance with section 503(e), ‘‘(a) AUTHORITY TO DESIGNATE.— ures to prevent being used as a transit point the President determines that such article is ‘‘(1) IN GENERAL.—Notwithstanding any for the shipment of goods in violation of the other provision of law, the President is au- not import-sensitive in the context of im- Agreement on Textiles and Clothing or any thorized to designate a country listed in sec- ports from beneficiary sub-Saharan African other applicable textile agreement. tion 104 of the African Growth and Oppor- countries. (b) PRODUCTS COVERED.—The preferential tunity Act as a beneficiary sub-Saharan Af- ‘‘(2) RULES OF ORIGIN.—The duty-free treat- treatment described in subsection (a) shall rican country eligible for the benefits de- ment provided under paragraph (1) shall apply only to the following textile and ap- scribed in subsection (b), if the President de- apply to any article described in that para- parel products: termines that the country— graph that meets the requirements of section (1) APPAREL ARTICLES ASSEMBLED IN BENE- ‘‘(A) has established, or is making con- 503(a)(2), except that— FICIARY SUB-SAHARAN AFRICAN COUNTRIES.— tinual progress toward establishing— ‘‘(A) if the cost or value of materials pro- Apparel articles assembled in one or more ‘‘(i) a market-based economy, where pri- duced in the customs territory of the United beneficiary sub-Saharan African countries vate property rights are protected and the States is included with respect to that arti- from fabrics wholly formed and cut in the principles of an open, rules-based trading cle, an amount not to exceed 15 percent of United States, from yarns wholly formed in system are observed; the appraised value of the article at the time the United States that are— ‘‘(ii) a democratic society, where the rule it is entered that is attributed to such (A) entered under subheading 9802.00.80 of of law, political freedom, participatory de- United States cost or value may be applied the Harmonized Tariff Schedule of the mocracy, and the right to due process and a toward determining the percentage referred United States; or fair trial are observed; to in subparagraph (A) of section 503(a)(2); (B) entered under chapter 61 or 62 of the ‘‘(iii) an open trading system through the and Harmonized Tariff Schedule of the United elimination of barriers to United States ‘‘(B) the cost or value of the materials in- States, if, after such assembly, the articles trade and investment and the resolution of cluded with respect to that article that are would have qualified for entry under sub- bilateral trade and investment disputes; and produced in one or more beneficiary sub-Sa- heading 9802.00.80 of the Harmonized Tariff ‘‘(iv) economic policies to reduce poverty, haran African countries shall be applied in Schedule of the United States but for the increase the availability of health care and determining such percentage. fact that the articles were subjected to ‘‘(c) BENEFICIARY SUB-SAHARAN AFRICAN educational opportunities, expand physical stone-washing, enzyme-washing, acid wash- COUNTRIES, ETC.—For purposes of this title, infrastructure, and promote the establishing, perma-pressing, oven-baking, bleaching, the terms ‘beneficiary sub-Saharan African ment of private enterprise; garment-dyeing, or other similar processes. country’ and ‘beneficiary sub-Saharan Afri- ‘‘(B) does not engage in gross violations of (2) APPAREL ARTICLES CUT AND ASSEMBLED can countries’ mean a country or countries IN BENEFICIARY SUB-SAHARAN AFRICAN COUN- internationally recognized human rights or listed in section 104 of the African Growth TRIES.—Apparel articles cut in one or more provide support for acts of international ter- and Opportunity Act that the President has beneficiary sub-Saharan African countries rorism and cooperates in international ef- determined is eligible under subsection (a) of forts to eliminate human rights violations this section.’’. from fabric wholly formed in the United and terrorist activities; (b) WAIVER OF COMPETITIVE NEED LIMITA- States from yarns wholly formed in the ‘‘(C) is taking adequate measures to pre- TION.—Section 503(c)(2)(D) of the Trade Act United States, if such articles are assembled vent illegal transshipment of goods that is of 1974 (19 U.S.C. 2463(c)(2)(D)) is amended to in one or more beneficiary sub-Saharan Afri- carried out by routing, false declaration con- read as follows: can countries with thread formed in the cerning country of origin or place of origin, ‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVEL- United States. falsification of official documents, evasion of OPING COUNTRIES AND BENEFICIARY SUB-SAHA- (3) HANDLOOMED, HANDMADE, AND FOLKLORE United States rules of origin for textile and RAN AFRICAN COUNTRIES.—Subparagraph (A) ARTICLES.—A handloomed, handmade, or apparel goods, or any other means, in ac- shall not apply to any least-developed bene- folklore article of a beneficiary sub-Saharan cordance with the requirements of sub- ficiary developing country or any bene- African country or countries that is certified section (c) of section 112 of the African ficiary sub-Saharan African country.’’. as such by the competent authority of such Growth and Opportunity Act; (c) TERMINATION.—Title V of the Trade Act beneficiary country or countries. For pur- ‘‘(D) is taking adequate measures to pre- of 1974 is amended by inserting after section poses of this paragraph, the President, after vent being used as a transit point for the 506A, as added by subsection (a), the fol- consultation with the beneficiary sub-Saha- shipment of goods in violation of the Agree- lowing new section: ran African country or countries concerned, ment on Textiles and Clothing or any other ‘‘SEC. 506B. TERMINATION OF BENEFITS FOR shall determine which, if any, particular tex- applicable textile agreement; and SUB-SAHARAN AFRICAN COUNTRIES. tile and apparel goods of the country (or ‘‘(E) subject to the authority granted to ‘‘In the case of a country listed in section countries) shall be treated as being the President under section 502 (a), (d), and 104 of the African Growth and Opportunity handloomed, handmade, or folklore goods. (e), otherwise satisfies the eligibility criteria Act that is a beneficiary developing country, (c) CUSTOMS PROCEDURES AND ENFORCE- set forth in section 502. duty-free treatment provided under this title MENT.— ‘‘(2) MONITORING AND REVIEW OF CERTAIN shall remain in effect through September 30, (1) OBLIGATIONS OF IMPORTERS AND PARTIES COUNTRIES.—The President shall monitor and 2006.’’. ON WHOSE BEHALF APPAREL AND TEXTILES ARE review the progress of each country listed in (d) CLERICAL AMENDMENTS.—The table of IMPORTED.— section 104 of the African Growth and Oppor- contents for title V of the Trade Act of 1974 (A) IN GENERAL.—Notwithstanding any tunity Act in meeting the requirements de- is amended by inserting after the item relat- other provision of law, all imports to the scribed in paragraph (1) in order to deter- ing to section 505 the following new items: United States of textile and apparel goods mine the current or potential eligibility of ‘‘506A. Designation of sub-Saharan African pursuant to this Act shall be accompanied each country to be designated as a bene- countries for certain benefits. by—

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.025 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13613

(i)(I) the name and address of the manufac- (II) EXAMPLES.—Actions indicating failure other appropriate equitable relief. In addi- turer or producer of the goods, and any other of a country to cooperate under subclause (I) tion to any other relief sought in such an ac- information with respect to the manufac- include— tion, a citizen may seek three times the turer or producer that the Customs Service (aa) denying or unreasonably delaying value of any damages caused by the failure may require; and entry of officials of the Customs Service to of a country or company to comply. The (II) if there is more than one manufacturer investigate violations of, or promote compli- amount of damages described in the pre- or producer, or if there is a contractor or ance with, this section or any textile agree- ceding sentence shall be paid by the business subcontractor of the manufacturer or pro- ment; enterprise (or business enterprises) the oper- ducer with respect to the manufacture or (bb) providing appropriate United States ations or conduct of which is responsible for production of the goods, the information re- officials with inaccurate or incomplete infor- the failure to meet the standards set forth quired under subclause (I) with respect to mation, including information required under subparagraphs (A) through (E) of sec- each such manufacturer, producer, con- under the provisions of this section; and tion 506A(a)(1) of the Trade Act of 1974 and tractor, or subcontractor, including a de- (cc) denying appropriate United States of- subsection (c) of this section. scription of the process performed by each ficials access to information or documenta- (e) DEFINITION.—In this section, the term such entity; tion relating to production capacity of, and ‘‘Agreement on Textiles and Clothing’’ (ii) a certification by the importer of outward processing done by, manufacturers, means the Agreement on Textiles and Cloth- record that the importer has exercised rea- producers, contractors, or subcontractors ing referred to in section 101(d)(4) of the Uru- sonable care to ascertain the true country of within the country. guay Round Agreements Act (19 U.S.C. origin of the textile and apparel goods and (4) PENALTIES.— 3511(d)(4)). the accuracy of all other information pro- (A) FOR IMPORTERS AND RETAILERS.—The (f) EFFECTIVE DATE.—The amendments vided on the documentation accompanying penalty for a violation of any provision of made by this section take effect on October the imported goods, as well as a certification this section by an importer or retailer of tex- 1, 2000 and shall remain in effect through of the specific action taken by the importer tile and apparel goods— September 30, 2006. to ensure reasonable care for purposes of this (i) for a first offense (except as provided in paragraph; and clause (iii)), shall be a civil penalty in an HOLLINGS AMENDMENT NO. 2429 (iii) a certification by the importer that amount equal to 200 percent of the declared the goods being entered do not violate appli- value of the merchandise, plus forfeiture of (Ordered to lie on the table.) cable trademark, copyright, and patent laws. the merchandise; Mr. HOLLINGS submitted an amend- (B) LIABILITY.—The importer of record and (ii) for a second offense (except as provided ment intended to be proposed by him the final retail seller of the merchandise in clause (iii)), shall be a civil penalty in an to the bill, H.R. 434, supra; as follows: shall be jointly liable for any material false amount equal to 400 percent of the declared At the appropriate place in the bill, insert statement, act, or omission made with the value of the merchandise, plus forfeiture of intention or effect of— the merchandise, and, shall be punishable by the following: (i) circumventing any quota that applies to a fine of not more than $100,000, imprison- SEC. . ENVIRONMENTAL AGREEMENT RE- the merchandise; or ment for not more than 1 year, or both; and QUIRED. (ii) avoiding any duty that would other- (iii) for a third or subsequent offense, or The benefits provided by the amendments wise be applicable to the merchandise. for a first or second offense if the violation made by this Act shall not be available to (2) OBLIGATIONS OF COUNTRIES TO TAKE AC- of the provision of this section is committed any country until— (1) the President has negotiated with that TION AGAINST TRANSSHIPMENT AND CIRCUMVEN- knowingly and willingly, shall be punishable country a side agreement concerning a side TION.—The President shall ensure that any by a fine of not more than $1,000,000, impris- country in sub-Saharan Africa that intends onment for not more than 5 years, or both, agreement concerning the environment, to import textile and apparel goods into the and, in addition, shall result in forfeiture of similar to the North American Environment United States— the merchandise. Cooperation Agreement; and (2) submitted that agreement to the Con- (A) has in place adequate measures to (B) FOR COUNTRIES.—If a country fails to gress. guard against unlawful transshipment of tex- undertake the measures or fails to cooperate tile and apparel goods and the use of coun- as required by this section, the President terfeit documents; and shall impose a quota on textile and apparel LANDRIEU AMENDMENT NO. 2430 (B) will cooperate fully with the United goods imported from the country, based on (Ordered to lie on the table.) States to address and take action necessary the volume of such goods imported during to prevent circumvention of any provision of Ms. LANDRIEU submitted an amend- the first 12 of the preceding 24 months, or ment intended to be proposed by her to this section or of any agreement regulating shall impose a duty on the apparel or textile trade in apparel and textiles between that goods of the country, at a level designed to the bill, H.R. 434, supra; as follows: country and the United States. secure future cooperation. At the appropriate place, insert the fol- (3) STANDARDS OF PROOF.— (5) APPLICABILITY OF UNITED STATES LAWS lowing new section: (A) FOR IMPORTERS AND RETAILERS.— AND PROCEDURES.—All provisions of the laws, SEC. . LIMITATIONS ON PREFERENTIAL TREAT- (i) IN GENERAL.—The United States Cus- regulations, and procedures of the United MENT. toms Service (in this Act referred to as the States relating to the denial of entry of arti- Notwithstanding any other provision of ‘‘Customs Service’’) shall seek imposition of cles or penalties against individuals or enti- law, the President may not exercise the au- a penalty against an importer or retailer for ties for engaging in illegal transshipment, thority to extend preferential tariff treat- a violation of any provision of this section if fraud, or other violations of the customs ment to any country in sub-Saharan Africa the Customs Service determines, after appro- laws, shall apply to imports of textiles and provided for in this Act, unless the President priate investigation, that there is a substan- apparel from sub-Saharan African countries, determines that the per capita gross na- tial likelihood that the violation occurred. in addition to the specific provisions of this tional product of the country (calculated on (ii) USE OF BEST AVAILABLE INFORMATION.— section. the basis of the best available information If an importer or retailer fails to cooperate (6) MONITORING AND REPORTS TO CON- including that of the International Bank for with the Customs Service in an investigation GRESS.—Not later than March 31 of each Reconstruction and Development) is not to determine if there has been a violation of year, the Customs Service shall monitor and more than 5 times the average per capita any provision of this section, the Customs the Commissioner of Customs shall submit gross national product of all sub-Saharan Af- Service shall base its determination on the to Congress a report on the measures taken rican countries eligible for such preferential best available information. by each country in sub-Saharan Africa that tariff treatment under the Act. (B) FOR COUNTRIES.— imports textiles or apparel goods into the f (i) IN GENERAL.—The President may deter- United States— mine that a country is not taking adequate (A) to prevent transshipment; and NOTICE OF HEARING measures to prevent illegal transshipment of (B) to prevent circumvention of this sec- COMMITTEE ON HEALTH, EDUCATION, LABOR, goods or to prevent being used as a transit tion or of any agreement regulating trade in point for the shipment of goods in violation AND PENSIONS textiles and apparel between that country Mr. JEFFORDS. Mr. President, I of this section if the Customs Service deter- and the United States. mines, after consultations with the country (d) ADDITIONAL ENFORCEMENT.—A citizen of would like to announce for information concerned, that there is a substantial likeli- the United States shall have a cause of ac- of the Senate and the public that an hood that a violation of this section oc- tion in the United States district court in executive session of the Senate Com- curred. the district in which the citizen resides or in mittee on Health, Education, Labor, (ii) USE OF BEST AVAILABLE INFORMATION.— any other appropriate district to seek com- and Pensions will be held on Wednes- (I) IN GENERAL.—If a country fails to co- pliance with the standards set forth under day, November 3, 1999, 9:30 a.m., in SD– operate with the Customs Service in an in- section 506A(a)(1) (C) and (D) of the Trade vestigation to determine if an illegal trans- Act of 1974 and subsection (c) of this section, 430 of the Senate Dirksen Building. The shipment has occurred, the Customs Service with respect to any sub-Saharan African following is the committee’s agenda. shall base its determination on the best country, including a cause of action in an ap- 1. S. 1114, The Federal Mine Safety available information. propriate United States district court for and Health Act of 1999;

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.025 pfrm01 PsN: S01PT1 S13614 CONGRESSIONAL RECORD — SENATE November 1, 1999 2. S. 1809, The Developmental Disabil- years. Our state is fortunate for their I am pleased that while he has left his ities Assistance and Bill of Rights Act vision and I am honored to recognize post as Commissioner, he will not leave of 1999; and their efforts in promoting Native the field of education. And wherever he 3. Presidential nominations. American Art and preserving the cul- works, I know he will continue to have f ture of Native Americans.∑ an impact on helping children to reach f higher. ADDITIONAL STATEMENTS His integrity, humility and humanity TRIBUTE TO MARC HULL make Marc Hull a wonderful advisor, a Mr. JEFFORDS. Mr. President, it is EITELJORG FELLOWSHIP FOR ∑ good friend and an asset to the nation. with much pride, and a little sadness, NATIVE AMERICAN FINE ART He’s not a bad politician either, in the that I rise today to pay tribute to one best sense of the word. Throughout my ∑ Mr. BAYH. Mr. President, as Novem- of Vermont’s outstanding leaders in term as chairman of the Senate’s edu- ber has been designated Native Amer- education. Marc Hull, who recently re- cation committee I have relied on his ican History Month, I am honored to signed his post as Commissioner of good counsel. Though he will never get congratulate a museum in my own Education in my home state, deserves proper credit, his influence has been state for its efforts to recognize Native both praise and gratitude for all he has felt far beyond the Green Mountains. I American artists and encourage the accomplished for the children and thank him, I wish him well, and I plan creation of new Native American fine youth of Vermont. to continue learning from him.∑ art. The Eiteljorg Museum of American At a time when education rightly Indians and Western Art recently tops the state and national agenda, we f launched an unprecedented 10-year pro- have been fortunate to have his serv- ON THE RETIREMENT OF JAMES gram to strengthen the recognition and ices. Marc has effectively advanced the B. EDWARDS study of Native American artists who education agenda of Vermont through are making a valuable contribution to his dedication and perseverence in ∑ Mr. HOLLINGS. Mr. President, it our nation’s fine arts. The long-term making sure that every child achieves gives me great pleasure today to recog- goal of the program is to create a na- his or her highest potential, by setting nize my friend Dr. Jim Edwards, who tional alliance of scholars, curators, high standards and giving children and recently retired as president of the artists, teachers, and collectors who teachers the means to reach them. To Medical University of South Carolina would further the notice and study do so, he developed the Vermont after a distinguished 17-year tenure. given to Native American fine artists. Framework of Standards which is serv- Thanks to his hard work and dedica- Under the leadership of John ing as the guide for improving the per- tion, MUSC is now consistently ranked Vanausdall, the museum’s president formance of all Vermont schools, and as one of the top 100 research univer- and CEO, an international jury of most importantly the performance of sities in the country and has estab- scholars was appointed to select the Vermont’s students. lished itself as a leader in teaching and first year’s fellows and master artist I also want to take this opportunity patient care. from 106 qualified nominees. Jurors in- to salute Marc for his prior service to Since Dr. Edwards took the helm at cluded: Gerald R. McMaster (Plains Vermont as Director of Special Edu- MUSC, the university has graduated Cree), curator of contemporary Indian cation. He has consistently spoken for more than 10,000 health care profes- art at the Canadian Museum of Civili- those who at one time had no voice and sionals who are serving throughout the zation; Bruce Bernstein, assistant di- helped individuals advocate for them- state and nation. The university also rector for cultural resources at the Na- selves and their children. For years he experienced remarkable physical tional Museum of the American Indian; has labored tirelessly to provide appro- growth under his leadership with the and Kay WalkingStick (Cherokee), art- priate education programs for children construction of several valuable facili- ist and professor of fine art at Cornell with disabilities. ties including the Children’s Hospital, University. But despite these important posi- the Hollings Cancer Center, the Gazes On November 13, the first five recipi- tions and titles, I think of Marc as first Institute for Cardiac Research and the ents of the Eiteljorg Fellowship of Na- and foremost a teacher. He has cer- Strom Thurmond Biomedical Research tive American Fine Art will travel to tainly taught me, and I think he has Center. The Charleston area is fortu- the Eiteljorg Museum where they will probably touched and inspired every- nate to have MUSC in its midst. The receive national acclaim. They will one around him. area’s largest employer, MUSC has an each be presented with a fellowship I am especially fond of the example impressive economic impact of $1.3 bil- award of $20,000 and participate in the that stemmed from his visit to Wash- lion annually. opening events for an exhibition of ington, D.C. this spring. Marc had led Dr. Edwards’ vision and drive that their art. I am pleased to announce the Vermont’s efforts to implement the helped place MUSC in the medical fore- inaugural winners: Lorenzo R. Clayton federal Ed Flex law, and was invited by front are talents he developed during (Navajo), Truman Lowe (Ho Chunk), the President to attend the signing the previous two decades as a public Marianne Nicolson (Kwakwaka’wakw), ceremony in the Rose Garden. At the servant. He became a politician for all Rick Rivet (Me´tis/Dene), and Jaune ceremony, the President graciously the right reasons. He was the arche- Quick-to-See Smith (Flathead). In ad- gave Marc one of the pens he used to typal man fed up with America’s ills, dition, George Morrison (Chippewa) sign the legislation. For most of us, the but with the uncommon belief that it was named a master artist. I urge story would have stopped there, as the was his duty to correct them. Americans to visit the exhibition pen gathered dust on our bookshelf or A successful oral surgeon, Jim served which will be on view at the Eiteljorg in a drawer. Not so for Marc. He took for two years in the South Carolina Museum, located in the beautiful the pen with him to classrooms Senate before resigning to run for gov- White River State Park in Indianapolis throughout Vermont so that hundreds ernor in 1974. Although the underdog in from November 13, 1999 through Janu- of students had the thrill of writing a the race, he emerged the victor, becom- ary 23, 2000. word or two with the pen the President ing the first Republican governor of I commend the Eiteljorg Museum for used to sign the Ed Flex legislation. As South Carolina since Reconstruction. conceiving this long-overdue honor to usual, their comments were priceless, As governor, he passed the Education Native American artists. This wonder- ranging from ‘‘This must be worth mil- Finance Act, which helped modernize ful program is due to the generosity of lions!’’ to ‘‘Can I use it to write my our state’s education system. He also the Indianapolis-based Lilly Founda- name in my baseball cap?″ established a reserve fund, created a tion, Inc. which has directed $490,000 to Marc Hull has written his name into motor vehicle management office, this worthy endeavor. Thanks to the the fabric of our state. With compas- streamlined the state budgeting proc- efforts of the Eiteljorg Museum and sion for all whom he served, unique ess, developed welfare reform proce- Lilly, the future is bright for Native leadership skills and unsurpassed cre- dures, established the Energy Research American artists, as this program will ativity, Marc has worked to make Institute and launched state govern- award $100,000 to five artists every two Vermont schools the best they can be. ment reorganization efforts.

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.028 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13615 His nonpartisan approach to state of the chartering of United Automobile be easy to confuse leadership with ce- government was commendable. ‘‘I sin- Workers Local 599, which is located in lebrity. However, there are in every cerely believe that during a campaign Flint, Michigan. community, men and women whose you ought to be partisan as you can UAW Local 599 received its charter names are rarely found in the headlines be,’’ he told The State newspaper re- on January 10, 1939. During the 60 years and whose faces rarely appear on the cently, ‘‘and talk about the differences since its founding, Local 599 members television screen, but who nevertheless of the two parties. There’s plenty there have been powerful advocates for the contribute real leadership day in and to talk about. . . . But when elected, rights of working men and women and day out. all this partisan stuff should stop. You their families. Local 599 has helped to In my state of Delaware, one of those ought to work together with whomever improve the living standards of its invaluable if rarely recognized leaders the people elected to work with you in members by successfully fighting for is Wilmington City Clerk, and Demo- government.’’ Democrats far out- fair wages; sick, accident and life in- cratic City Chairman, Leo Marshall. A numbered Republicans in the South surance; workers compensation; unem- Wilmington native and a lifelong Wil- Carolina legislature when Jim was gov- ployment compensation; and education mington resident, Leo Marshall does ernor, yet representatives from both and training opportunities. In addition not often make the morning headlines parties have compliments to bestow to the success Local 599 has achieved or the evening broadcast news, but he upon him to this day. He left the Gov- for its members and their families, the is easily familiar to many ernor’s Mansion with an approval rat- men and women of the Local have been Wilmingtonians because he never ing of nearly 80 percent. deeply involved in the life of the Flint joined the migration to the suburbs A year after Dr. Edwards returned to community by supporting countless that drained the energies and econo- his dental practice, President Reagan civic and charitable activities. mies of many of our older cities—he asked him to serve as the nation’s en- UAW Local 599 has truly played an has lived and served among them for ergy secretary. True to his commit- important role in the history of the four eventful decades. ment to public service, Jim answered labor movement. I know my colleagues Leo Marshall is, in many ways, the the call, moving to Washington to join me in extending sincere congratu- ‘‘Mr. Wilmington’’ of an older and in- tackle an important national issue. lations to the past and present mem- creasingly diverse city he has helped to During his tenure, the DOE decon- bers of Local 599, as they celebrate the guide through the social and economic trolled oil, stepped up the pace for fill- 60th anniversary of its founding.∑ challenges that have marked our urban ing the Strategic Petroleum Reserve, f landscape from the confrontations of obtained federal aid for three synthetic the Sixties to, in Wilmington’s case, fuel projects and shepherded a nuclear RECOGNITION OF MAJOR TIM COY the dawning rebirth of the Nineties. He waste measure through Congress. In ∑ Mr. ALLARD. Mr. President, today, I would be the last to claim major credit 1982, he moved back to South Carolina would like to recognize an individual for the city’s successes; he will tell you and assumed the presidency at MUSC. that has been a tremendous asset to that the city has survived and got to Dr. Jim Edwards’ retirement marks my office—Maj. Tim Coy. For the past its feet again at the hands of a succes- an end to the career of one of South year, Major Coy has been an Air Force sion of progressive city administra- Carolina’s finest. His impact will be Legislative Fellow in my office. He has tions—but knowledgeable Wilming- felt for many years to come. My wife, proven to be a professional officer, who tonians will tell you Leo Marshall has Peatsy, joins me in wishing Jim and handles any task he is given with en- built and maintained the strong polit- his wonderful wife, Ann, a happy re- thusiasm and tenacity. ical structure that has made progress tirement.∑ A year ago I requested a sharp mili- possible in the relatively small city f tary officer be assigned to my staff be- that is nevertheless Delaware’s largest THE VERY BAD DEBT BOXSCORE cause of my new position on the Senate and most thoroughly urban commu- Mr. HELMS. Mr. President, at the Armed Services Committee. Once we nity. ∑ Like another Democrat prominently close of business Friday, October 29, interviewed Tim, we knew that his ex- in the news today, Leo Marshall first 1999, the Federal debt stood at tensive space and missile expertise came to public notice with a basketball $5,679,726,662,904.06 (Five trillion, six would benefit my committee assign- in his hands, but as a proud product of hundred seventy-nine billion, seven ments, and his knowledge of Colorado Wilmington’s still highly coherent Pol- hundred twenty-six million, six hun- would also be invaluable. ish-American community, he was not dred sixty-two thousand, nine hundred From Tim’s first day in the office, he willing to stop there. He turned his at- four dollars and six cents). blended in with my talented staff and One year ago, October 29, 1998, the went to work. He assisted in all areas tention to city government, and the Federal debt stood at $5,559,428,000,000 of the office. He played a major role same intelligence and fiercely competi- (Five trillion, five hundred fifty-nine with our defense team on committee tive spirit that had been so evident on billion, four hundred twenty-eight mil- work, floor speeches, and became a the basketball court soon marked him lion). point person for missile defense issues. as a leader in the rough-and-tumble of Fifteen years ago, October 29, 1984, Just as important, he became more city politics. the Federal debt stood at than a one year staffer, but a friend to He was and is a frankly partisan $1,599,006,000,000 (One trillion, five hun- us all. Democrat, and he has made Wil- dred ninety-nine billion, six million). In closing, Tim is an exceptionally mington a Democratic stronghold in Twenty-five years ago, October 29, capable and professional military offi- most of our elections; but he has al- 1974, the Federal debt stood at cer. He is the very first fellow I have ways reserved his most intense par- $480,331,000,000 (Four hundred eighty hired, and one of the reasons I look for- tisanship for his city itself. He never billion, three hundred thirty-one mil- ward to bringing in another fellow for loses sight of the city’s interests, and lion) which reflects a debt increase of next year. He has a bright future in the he will vigorously defend them against more than $5 trillion— Air Force and I know I will be hearing all comers, regardless of party. Those $5,199,395,662,904.06 (Five trillion, one great things about him in the future. of us who encounter him as Democrats hundred ninety-nine billion, three hun- Not only was I proud to have Maj. Tim learn quickly, if we expect to enjoy the dred ninety-five million, six hundred Coy as a ‘‘member’’ of my staff, but he relationship, that Leo Marshall will al- sixty-two thousand, nine hundred four also did the Air Force proud.∑ most invariably be found among the dollars and six cents) during the past 25 f most progressive of Democrats when it years. comes to issues or candidates, local, ∑ TRIBUTE TO LEO MARSHALL f state or national—but only when he is ∑ Mr. BIDEN. Mr. President, under the assured that the city’s interests have IN RECOGNITION OF UNITED daily 24-hour assault of our highly been taken into constructive consider- AUTOMOBILE WORKERS LOCAL 599 competitive news media, constantly in ation. In those cases, he is capable of ∑ Mr. LEVIN. Mr. President, I rise search of the latest event and the most being a statesman who can help pull a today to recognize the 60th anniversary readily available personality, it would party, a city or a state together; but if

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.009 pfrm01 PsN: S01PT1 S13616 CONGRESSIONAL RECORD — SENATE November 1, 1999 he feels the city is being attacked or history of his community, and that is Highlights of her diverse and chal- neglected, he takes off the frock coat the truest legacy of leadership.∑ lenging career include serving as Direc- and rolls up his sleeves—and his oppo- f tor of the Department of Nursing at nents rarely enjoy the contest that en- two of the Air Force’s largest medical sues. COMMENDATION OF DR. SWEET centers—David Grant USAF Medical If it sounds like I am characterizing ∑ Mr. DEWINE. Mr. President, I rise to Center, Travis Air Force Base, Cali- Leo Marshall as an old-fashioned ‘‘city commend the services of David Sweet, fornia, and Wilford Hall USAF Medical boss,’’ there is some truth to that no- who is ending his term of the North- Center, Lackland Air Force Base, tion; he came to party leadership out east-Midwest Institute’s Board of Di- Texas. Prior to her current position, of the tradition of bare-knuckle ward rectors. David is a distinguished Ohi- she served as the Command Nurse, Of- politics that was the hallmark of most oan, who has helped to enhance the fice of the Command Surgeon, Air Mo- American cities of the day. But he has economic vitality and environmental bility Command, Scott Air Force Base, survived and successfully carried his quality of my State and the Northeast- Illinois, where she provided leadership leadership into a far different day be- Midwest region. and oversight of nursing services for 12 cause he has proved to be a boss with a Dr. Sweet has been dean of the Levin medical treatment facilities and the difference—in a city significantly and College of Urban Affairs at Cleveland worldwide Aeromedical Evacuation persistently marked by rapid and chal- State University since 1978. He has ex- System. lenging social and economic changes, panded that institution and developed Mr. President, more than fifty years he has been able to adapt his outlook, it into a well-respected research center ago, as I was recovering in a military his leadership and his party to one that focuses on public service. Before hospital, I began a unique relationship major transition after another to the joining Cleveland State, David served with military nurses. General Stierle benefit of both his party and his com- in several high-ranking positions with- embodies what I know military nurses munity. in Ohio’s State government. He was a to be—strong, professional leaders who Such adaptable behind-the-scenes member of the Public Utilities Com- are committed to serve their fellow party leadership invites a consider- mission, director of the Department of comrades in arms and their country. ation of the current state of our polit- Economic and Community Develop- General Stierle’s many meritorious ical parties. Much is said these days of ment, chairman of the Ohio Energy awards and decorations demonstrate how ‘‘entrepreneurial politics’’ has re- Emergency Commission, and secretary her contributions in a tangible way, duced our parties to mere shadows of of the Ohio Developmental Financing but it is the legacy she leaves behind their former selves, and those of us Commission. for the Air Force Nurse Corps for which who must regularly place our records David actually served four 3-year we are most appreciative. It is with and our hopes for the future before the terms on the Northeast-Midwest Insti- pride that I congratulate General judgment of our constituents are well tute’s Board of Directors, and he was Stierle on her outstanding career of ex- aware that that analysis comes uncom- elected chairman from 1995 to 1998. He emplary service.∑ fortably close to the truth. Replacing has provided stable leadership, offered f party conventions with primary elec- a wealth of ideas, and advanced the In- AUTHORIZING OF SENATE tions, struggling to meet the stag- stitute’s credibility. The Northeast- REPRESENTATION gering costs of campaigning and coping Midwest Institute provides policy re- with a swollen press corps that dogs search for the bipartisan Northeast- Mr. FITZGERALD. Mr. President, I our tracks at all seasons has inevitably Midwest Senate Coalition and its Great ask consent the Senate now proceed to thrown onto the shoulders of individual Lakes Task Force, which I co-chair the immediate consideration of S. Res. 213, submitted earlier by Senators candidates much of the burden that with Senator CARL LEVIN of Michigan. historically was borne by the political Mr. President, I again want to com- LOTT and DASCHLE. The PRESIDING OFFICER. The parties. mend David Sweet for his service on clerk will report the resolution by But we should not let that fact blind the board of the Northeast-Midwest In- title. us to the continuing contribution our stitute. He has provided valued counsel The legislative clerk read as follows: political parties make to our national and helped increase that organization’s life. They remain the institutions that A resolution (S. Res. 213) to authorize tes- reputation and effectiveness.∑ timony, document production, and represen- embody the political values we place f tation of employees in the Senate in Bonnie before the voters when we campaign for TRIBUTE TO BRIGADIER GENERAL Mendelson v. Delaware River and Bay Au- office. They still provide the structure thority. LINDA J. STIERLE upon which our whole political system There being no objection, the Senate is based. They may not wield the over- ∑ Mr. INOUYE. Mr. President, I would proceeded to consider the resolution. whelming political influence they once like to take a moment to honor Briga- Mr. LOTT. Mr. President, this resolu- possessed—and most of us would agree dier General Linda J. Stierle as she re- tion concerns a request for testimony that they should not—but they are not tires after twenty-nine years of active in a civil action pending in the U.S. without identity, they are not without duty service in the United States Air District Court for the District of Dela- purpose, and they are not without con- Force. General Stierle culminates her ware. The plaintiff in this case is a tinuing value. They deserve our con- distinguished career as the Director of former sign-language interpreter for tinuing attention, and leaders who Medical Readiness and Nursing Serv- the Congressional Special Services Of- maintain them to serve our nation’s ices in the Office of the Air Force Sur- fice. The case concerns injuries sus- political life—leaders like Leo Mar- geon General. She is the first Nurse tained by the plaintiff while a private shall who have adapted those parties to Corps officer to be appointed as the Di- passenger aboard a ferryboat. the realities of our day—deserve our rector of Medical Readiness for the Air This resolution would permit former thanks and our admiration. Force Medical Service. Under her di- coworkers of the plaintiff’s on the Con- Mr. President, the great American rection, the medical readiness doctrine gressional Special Services staff to tes- humorist Will Rogers was as wise as he has been reengineered to be faster, tify about the effect of the plaintiff’s was amusing, and never more so than lighter, and more responsive to the injuries on her ability to perform her when he said, ‘‘God will look you over, needs of the fighting force. Thanks to work at the Senate. not for medals, diplomas or degrees— her extraordinary leadership, the Air Mr. FITZGERALD. Mr. President, I but for scars!’’ Wilmington’s Leo Mar- Force Medical Service is positioned to ask unanimous consent the resolution shall need fear no such examination; he fully support the Air Force’s new Expe- be agreed to, the preamble be agreed bears the honorable scars of many a po- ditionary Air Force structure in meet- to, the motion to reconsider be laid litical battle, all of them acquired in ing current and future contingencies. upon the table, and any statements re- the service of his city and his party, General Stierle’s distinguished ca- lating to the resolution be printed in but also on behalf of his state and na- reer began in 1970 when she received a the RECORD. tion. He does not often make the head- direct commission in the Air Force The PRESIDING OFFICER. Without lines, but he has made his mark on the Nurse Corps as a second lieutenant. objection, it is so ordered.

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.008 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — SENATE S13617 The resolution (S. Res. 213) was Cardillo, Bonnie Powell, and any other cur- The PRESIDING OFFICER. Without agreed to. rent or former employee of the Senate in objection, it is so ordered. The preamble was agreed to. connection with the testimony and docu- Mr. FITZGERALD. I further ask con- The resolution, with its preamble, ment production authorized in section one. sent that with respect to the African reads as follows: f trade/CBI bill, Senators have until 10 S. RES. 213 ORDER OF PROCEDURE a.m. to file second-degree amendments. The PRESIDING OFFICER. Without Whereas, in the case of Bonnie Mendelson v. Mr. FITZGERALD. Mr. President, I Delaware River and Bay Authority, Civil Ac- objection, it is so ordered. ask unanimous consent that with re- tion No. 98–90–GSL, pending in the U.S. Dis- f trict Court for the District of Delaware, tes- spect to the time controlled by the timony has been requested from David P. Democratic leader on the D.C./Labor PROGRAM Hauck and Julie B. Cardillo, employees of appropriations conference report, the the Congressional Special Services Office, 15 minutes be allocated as follows: 5 Mr. FITZGERALD. For the informa- and Bonnie Powell, a former employee of the minutes each for Senators DURBIN, tion of all Senators, at 9:30 a.m. on Congressional Special Services Office; HARKIN, and LAUTENBERG. Tuesday, the Senate will immediately Whereas, pursuant to sections 703(a) and The PRESIDING OFFICER. Without begin 30 minutes of debate on the con- 704(a)(2) of the Ethics in Government Act of objection, it is so ordered. ference report to accompany the D.C./ 1978, 2 U.S.C. § § 288b(a) and 288c(a)(2), the Labor-HHS appropriations bill. Fol- Senate may direct its counsel to represent f employees of the Senate with respect to any lowing the debate, the Senate will pro- subpoena, order, or request for testimony re- ORDERS FOR TUESDAY, ceed to a vote on the conference report lating to their official responsibilities; NOVEMBER 2, 1999 which will be followed by possibly two Whereas, by the privileges of the Senate of Mr. FITZGERALD. Mr. President, I cloture votes in relation to the African the United States and Rule XI of the Stand- ask unanimous consent that when the trade bill. Therefore, Senators can an- ing Rules of the Senate, no evidence under ticipate up to three stacked votes at the control or in the possession of the Senate Senate completes its business today, it adjourn until the hour of 9:30 a.m. on approximately 10 a.m. It is expected may, by the administrative or judicial proc- cloture will be invoked and the Senate ess, be taken from such control of possession Tuesday, November 2. I further ask but by permission of the Senate; consent that on Tuesday, immediately will begin the 30-hours of postcloture Whereas, when it appears that evidence following the prayer, the Journal of debate on the CBI/African trade bill. under the control or in the possession of the proceedings be approved to date, the The leader has indicated he hopes to Senate may promote the administration of morning hour be deemed expired, the complete action on the trade bill this justice, the Senate will take such action as time for the two leaders be reserved for week. will promote the ends of justice consistently f with the privileges of the Senate: Now, their use later in the day, and the Sen- ate then resume consideration of the therefore, be it ADJOURNMENT UNTIL 9:30 Resolved, That David P. Hauck, Julie B. conference report to accompany the Cardillo, Bonnie Powell, and any other cur- D.C./Labor-HHS appropriations bill TOMORROW rent or former employee of the Senate from under the previous time agreement. Mr. FITZGERALD. Mr. President, if whom testimony or document production The PRESIDING OFFICER. Without there is no further business to come be- may be required, are authorized to testify objection, it is so ordered. fore the Senate, I now ask unanimous and produce documents in the case of Bonnie Mr. FITZGERALD. Further, I ask consent the Senate stand in adjourn- Mendelson v. Delaware River and Bay Author- ity, except concerning matters for which a consent the Senate stand in recess ment under the previous order. privilege should be asserted. from the hours of 12:30 p.m. to 2:15 p.m. There being no objection, the Senate, SEC. 2. The Senate Legal Counsel is author- for the weekly policy conferences to at 5:33 p.m., adjourned until Tuesday, ized to represent David P. Hauck, Julie B. meet. November 2, 1999, at 9:30 a.m.

VerDate 29-OCT-99 00:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.056 pfrm01 PsN: S01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2227 EXTENSIONS OF REMARKS

DOMESTIC VIOLENCE AWARENESS to take actionÐthrough greater participation In addition to service contracts, PRIDE In- MONTH and awarenessÐto end this national tragedy, dustries has thrived in electronic contract man- Advocates should not have to fight alone, and ufacturing. It makes printed circuit boards, as- HON. EARL POMEROY victims should not have to suffer alone. This is sembles and repairs electronics products, and OF NORTH DAKOTA one issue on which the old adage holds true: even manufactures its own brand of snow- IN THE HOUSE OF REPRESENTATIVES If we're not part of the solution, we're part of shoes. the problem. Mr. Ziegler has built PRIDE Industries into a Monday, November 1, 1999 f thriving business recognized around the world Mr. POMEROY. Mr. Speaker, as many of for its success and direction. He has brought TRIBUTE TO MICHAEL ZIEGLER my colleagues may be aware, October is Do- self respect and hope to many people with AND PRIDE INDUSTRIES mestic Violence Awareness Month. In my disabilities while maintaining and operating a home State of North Dakota, as well as across successful business. the Nation, citizens have already participated HON. ROBERT T. MATSUI Mr. Speaker, as the United Cerebral Palsy in numerous activities, such as candlelight vig- OF CALIFORNIA Association convenes to present Michael Zie- ils, ``Take Back the Night'' rallies, and other IN THE HOUSE OF REPRESENTATIVES gler with their Humanitarian Award, I am hon- forms of demonstration aimed at raising public Monday, November 1, 1999 ored to pay tribute to one of Sacramento's awareness of this national tragedy. Mr. MATSUI. Mr. Speaker, I rise in tribute to most outstanding citizens. His contributions to Domestic violence is one of our Nation's Michael Ziegler and PRIDE Industries. On No- disabled people and the community of Sac- most prevalent, yet misunderstood, tragedies. vember 5, 1999, the United Cerebral Palsy ramento are commendable. I ask all of my col- Recently, North Dakota's Attorney General re- Association of Sacramento is presenting their leagues to join with me in wishing Mr. Ziegler leased a report on domestic violence for 1997, most prestigious Humanitarian Award to Mr. and PRIDE Industries continued success in all and the statistics should cause us all to take Ziegler. As friends and associates of Mr. Zie- their future endeavors. notice. To cite just a few of the facts: in 1,450 gler and the United Cerebral Palsy Association incidents reported through the North Dakota gather to celebrate, I ask all my colleagues to f Uniform Crime Reporting Program, there were join me in saluting this special occasion. 1,638 victims involved; 39 percent of all re- The United Cerebral Palsy Association's Hu- TRIBUTE TO LENORE PAQUIN ported physical violence cases across the manitarian Award is given annually to `ìndivid- State were incidents of domestic violence; and uals or organizations who have displayed a HON. JAMES P. McGOVERN among reported victims of domestic violence, passion for life and a sincere desire to work OF MASSACHUSETTS 74 percent were women and 19 percent were toward enhancing the lives of others.'' Those IN THE HOUSE OF REPRESENTATIVES juveniles. who receive this award have fulfilled their pas- These figures are even more sobering when sion and desire through extensive community Monday, November 1, 1999 you consider that domestic violence is one of involvement. Mr. McGOVERN. Mr. Speaker, on Novem- the most severely underreported crimes. We As president and chief executive officer of may not be able to estimate the number of ber 12, 1999, Ms. Lenore Paquin will retire PRIDE Industries, Michael Ziegler has exem- after twenty-seven years of service to the victims who, living in fear or denial, do not plified that passion and desire. He has been come forward; however, the National Crime Town of North Attleboro as the Public Health the guiding force behind PRIDE Industries' Nurse. Victimization survey, administered by the De- mission to offer employment to an ever-ex- In addition to her role as Public Health partment of Justice, reports that victims of all panding number of individuals with disabilities. Nurse, Ms. Paquin was especially well known types of violence, including domestic, report While maintaining a successful business, Mr. for her many community and charitable works. only about half of their victimizations to the po- Ziegler has been able to significantly increase She has been on the Board of Directors of the lice. the employment rate of handicapped people in Visiting Nurses Association, Versa Care, New Unfortunately, attitudes are slow to change, the Sacramento area. especially on such an intimate issue as do- Under the leadership of Michael Ziegler, Hope, Attleboro Area Community Council and mestic violence. No longer can we sit idly by, PRIDE Industries has strived to meet four core Hillside Adult Care, where she was also a as the cycle of violence not only goes on, but values: mission, people, customers, and cul- founder. She has been honored by individuals oftentimes worsens. No longer can we claim ture. Through their mission of creating good and organizations too numerous to mention. that what goes on in another person's private jobs for people with disabilities, they are work- It has been said that whenever there was a life is none of my or your business. No longer ing toward creating a challenging and reward- need, Lenore stepped in and offered her as- can we blame the victims saying that they ing environment. Energized by the fact that sistance. She organized a kitchen where she `àsked for it.'' No longer can we make ex- their efforts make a positive difference in the distributed food to the families who were going cuses. community, Mr. Ziegler is committed to estab- without and arranged Thanksgiving and Christ- During this month of awareness, therefore, I lishing PRIDE Industries as a competitive and mas campaigns to alleviate the problems that am proud to also mark the fifth anniversary of thriving company. families encounter during the holiday season. one of the most important stands Congress The road to success for PRIDE Industries When you mention the name Lenore in the has ever taken against domestic violence: the has spanned several areas. Over the years, it Town of North Attleboro and the surrounding Violence Against Women Act (VAWA). has gone from a non-profit organization to a area, it is not necessary to mention her last Through programs that bolster prosecution of government-funded agency and finally to a pri- name because everyone knows her and her sexual assault and domestic violence, in- vately-funded corporation. Mr. Ziegler has en- work. A number of years ago when the Attle- crease victim services, and step up education abled PRIDE Industries to become one of the boro Area Business and Professional Women and prevention activities, VAWA has gone far fastest-growing private companies in Greater honored her, she spoke about the difference to protect individuals from sexual offenses and Sacramento with mostly disabled employees. in taking care of patients in a hospital setting domestic abuse. I am proud to support reau- As a result of increased demand for its and in her role as a Public Health Nurse. She thorization of all these programs as a cospon- manufacturing and service contracts, PRIDE statedÐ`Ìn a hospital setting you never know sor of H.R. 357, the Violence Against Women Industries expects to add nearly 200 employ- what happens to them when they leave. Here Act of 1999. ees over the next 12 months. The company you walk along with them. I kind of like that Congress, however, cannot act alone. The has service contracts in such areas as custo- .. .'' House of Representatives cannot pass a law dial work, groundskeeping, recycling, building The people in the Town of North Attleboro to ban domestic violence. The Senate cannot maintenance, and various other service con- and the surrounding area are indeed fortunate force attitudes to change. It is up to all of us tracts for Air Force bases. to have a person like Lenore in their midst.

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

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.000 pfrm04 PsN: E01PT1 E2228 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 TRIBUTE TO CLENTE FLEMMING the arts and communication within the context asked to take the position of 2nd and 1st of enlightened liberal education. Commander and now he holds the position of HON. JAMES E. CLYBURN Founded in 1890, Columbia continues its commander. As commander, Jim Cravens has OF SOUTH CAROLINA dedication to communication arts as well as to worked hard to pay off old death benefits, im- IN THE HOUSE OF REPRESENTATIVES media arts, applied and fine arts, theatrical prove the post both inside and out, and put it and performing arts, and management and back on sound financial ground while taking Monday, November 1, 1999 marketing arts. More than one-third of Colum- care of other duties. In addition to his service Mr. CLYBURN. Mr. Speaker, I rise today to bia's 8,500 students are minoritiesÐthe larg- to the Polish-American veterans, Jim was a pay tribute to Clente Flemming for nearly 30 est enrollment of any arts and communications member of the Polish Americans Inc, the Pol- years of service in the banking industry. institution in the country. ish American Congress, the Amateur Athletic Through dedication and hard work, Mr. Dr. John Duff, President of Columbia Col- Union USA, and is still serving as ward leader Flemming rose through the ranks to become lege continues to develop the foundations of a of Cleveland Ward 12 as well as vice presi- Senior Vice President overseeing Personnel Columbia education which includes small dent of the Merchant Guild of the Slavic Vil- for Bank of America in North and South Caro- class sizes that ensure close interaction with a lage. lina. At the end of this year, he retires from faculty of working professionals who bring the My fellow distinguished colleagues, please that impressive career to launch a new con- working world into the classroom. The College join me in honoring Jim W. Cravens as he is sulting venture in which I am sure he will provides a sound liberal arts background for honored by the Polish Legion of American enjoy similar success. the developing artist or communicator and Veterans as Veteran of the Year. Clente Flemming began his career in 1970 supports students' employment goals through f as a third shift clerk at what was then Bank- a full range of career services. ers' Trust. From there he quickly became a Outside the classroom, students participate TRIBUTE TO EDUARDO CASTELL shift supervisor and then moved into the audit- in activities that include the College's student ing department in 1974. But Mr. Flemming re- newspaper, radio station, electronic news- HON. EDOLPHUS TOWNS alized that to further his career he must pur- letter, two student magazines, cable television, OF NEW YORK sue academic achievements beyond his work three theaters, dance center, photography and IN THE HOUSE OF REPRESENTATIVES at Palmer Junior College. He enrolled in the art museums, and film and video festival. Monday, November 1, 1999 University of South Carolina and earned a Columbia is an integral part of its commu- B.S. in Business Administration in 1979. nity, sponsoring and working with over two Mr. TOWNS. Mr. Speaker, I want to recog- After that, his career with the bank took off. dozen diverse organizations, ranging from the nize the achievements of Eduardo Castell, a He joined the personnel department and be- African Film Festival to the Chicago Jazz En- resident of the Park Slope neighborhood in came Vice President of Employee Relations. semble. Dozens of other independent organi- Brooklyn, New York. With that move, Mr. Flemming became the zations are involved regularly with one or an- ``Eddie'', as he is known amongst his col- bank's first African American Vice President. other program or department of Columbia. leagues and friends, has committed himself to In 1990, he was elevated to Senior Vice Presi- This nurturing of diversity is Columbia's hall- a life of public service. Even as an honor student Carolinas Personnel Executive, a position mark. dent at Connecticut College, he served on that he will hold until the year's end. Today, Columbia remains secure in its mis- College's Board of Trustees as a Student Mr. Flemming has utilized his position to sion and traditional commitments to oppor- Representative. He later joined the staff of our hire and train other talented African Ameri- tunity, diversity and career-cognizant arts and colleague, the late Congressman Ted Weiss, cans. When he joined the banking industry, it media education in a liberal arts context. Mr. where he was instrumental in the passage of was not very diverse. However, he has been Speaker, please join me in recognizing Colum- legislation that required credit reporting agen- in a position to serve as a mentor and expand bia College Chicago, a unique Chicago institu- cies to list delinquent child support payments the ranks of minorities at all levels. tion, which draws both its strength and identity on individuals' credit reports. This law, strongly Once officially retired from Bank of America, from the city and its students. supported by women and children's advocacy Mr. Flemming plans to use his expertise in f groups, has been instrumental in identifying personnel matters to help small businesses and correcting the abusive practices of ``dead with their personnel policies and benefits. As IN HONOR OF JIM CRAVENS beat dads''. a consultant he plans to help others achieve He joined the staff of Congresswoman success. In addition to those efforts, Mr. HON. DENNIS J. KUCINICH NYDIA VELAÂZQUEZ where he rose from the po- Flemming has plans to open an employment OF OHIO sition of Legislative Director to Chief of Staff. agency focused on finding jobs for the under- IN THE HOUSE OF REPRESENTATIVES During his tenure with Congresswoman VELAÂZQUEZ, Eddie drafted legislative proposals employed. Monday, November 1, 1999 Clente is married to the former Ojeta Irving on education, housing, banking, and insurance and they have a daughter, Joy, and a son, Mr. KUCINICH. Mr. Speaker, I rise today to including a ``hate crimes'' initiative which funds Eric. honor Jim W. Cravens as he is honored as organizations education and prevention in Mr. Speaker, I ask you to join with me and Veteran of the Year by the Lincoln Post No. schools. He was also instrumental in bringing my fellow South Carolinians as we pay tribute 13 Polish Legion of American Veterans for his nearly $20 million in Federal monies for eco- to Clente Flemming for 30 years of blazing a outstanding service and dedication. nomic development to Brooklyn. trail for African Americans through the banking Jim Cravens began his career of service in Currently, Eddie is Special Assistant to Wil- community. He is an excellent role model and the Air Force in February of 1959 as a drafts- liam C. Thompson, Jr., President of the New we all wish him continued success in his new man and served until 1961. During his retire- York City Board of Education, a position he ventures. ment he joined the Local Junior Chamber of has held since 1997. In this capacity, he ad- f Commerce and pursued his lifelong hobby of vises President Thompson on education policy derby racing by working with the local youth in and administrative oversight of the nation's COLUMBIA COLLEGE CHICAGO building racers. His youthful enthusiasm has largest school system. Eddie has led efforts to truly been inspiring to everyone he has en- expand minority procurement and contracting HON. JESSE L. JACKSON, JR. countered. and to explore alternatives for building new OF ILLINOIS In 1963, Jim Cravens began his work with schools. He was also involved in the passage IN THE HOUSE OF REPRESENTATIVES the Cleveland Board of Education in the Archi- of a citywide school uniform policy. tectural Department. Later, because of his Never one to limit his community activism, Monday, November 1, 1999 community and political involvement, he was Eddie serves on the Board of Directors of Mr. JACKSON of Illinois. Mr. Speaker, I am elected president of his neighborhood group Neighbors Helping Neighbors, a Brooklyn- pleased to recognize the fifth-largest private and the Local War Democratic Club. In 1979 based not-for-profit housing and business de- institution of higher education in Illinois, Co- he was elected to the Cleveland City Council velopment organization. He is a former Advi- lumbia College Chicago, as it starts the 1999± and in 1982 Jim Cravens started his work with sory Board member of the Brooklyn Legal 2000 school year. Columbia College Chicago the Cuyahoga County Board of Elections. Services Corporation. He and his wife, Jen- is an undergraduate and graduate college in Jim Craven's participation with the Polish nifer, have one son, Carlos. downtown Chicago whose principal commit- Legion of American Veterans began in 1992 I salute Eddie Castell for his commitment to ment is to provide comprehensive education in when he was a social member, then was later a career of public service.

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.007 pfrm04 PsN: E01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2229 HONORING VISIONONE position of crew supervisor. Mr. George B. spite repeated and ongoing efforts of the Or- Salter was a steadfast believer that with the ganization of African Unity, the United Nations, HON. GEORGE RADANOVICH proper amount of work anything was possible. the United States, and other countries, the OF CALIFORNIA Mr. George B. Salter took an active part in prospects for peace remain dubious. IN THE HOUSE OF REPRESENTATIVES his community. This was seen in his utmost commitment to his vocation as God's faithful Although a border dispute is cited as the Monday, November 1, 1999 servant. As a senior usher in charge of the proximate cause of the conflict, I have come Mr. RADANOVICH. Mr. Speaker, I rise balcony at Liberty Baptist Church, George B. to learn that tensions between these countries today to honor VisionOne, Inc. for being an Salter enjoyed helping Liberty's official greet- were building for some time, and some griev- economic force that attracts high-tech skills ers bring their children to the steps. Mr. Salter ances between them precede their existence and companies to the Fresno area, as well as brought hope and optimism to ordinary folks as national governments. delivering the most affordable e-business solu- whose lives he touched so deeply never hold- Both countries are governed by ex-liberation tions and Internet technologies to the region. ing anyone at arm's length. movement parties with a Marxist ideological I had the privilege of attending VisionOne's Mr. George B. Salter was a relentless com- background. The populations of both countries ribbon cutting ceremony on July 8, 1999 as munity builder, a loving father, and a doting they officially opened their new Fresno loca- grandfather, completely unselfish in all of his are highly mobilized, with more than half a mil- tion. endeavors. Mr. Salter leaves behind this de- lion men and women currently under arms, in VisionOne is a privately held international voted wife of 58 years Louise, his daughter trenches and bunkers, across a 1000-mile bor- corporation that was founded in 1998, with Brenda Salter Jones married to James Jones der. Each country has waged a scathing prop- United States headquarters in Fresno, and ad- Jr., Henrietta Salter Leak married to Spencer aganda campaign against the other. Many of ditional offices in Switzerland, Mexico, Ger- Leak Sr., and four beautiful grandsons James the Members of this Congress have been sub- many, Chile, and Brazil. The specialty of Jones, Spencer Leak Jr., Stephen L. Leak and jected to that propaganda for the past 17 VisionOne lies in their ability to provide user- Stacey R. Leak. The man they called ``Papa'' months. maintainable e-business solutions and Internet will surely be missed. President Clinton once held up the leaders technologies. Their mission is to help clients in My fellow colleagues please join me in hon- various industries conduct cost-effective and oring the memory of Mr. George B. Salter, a of Eritrea and Ethiopia as shining examples of successful online business. With a focus on e- true beacon of the Chicago community. Africa's ``New Generation of Leaders.'' He cor- business solutions and Internet technologies, f rectly pointed to their governments' lack of VisionOne is strategically positioned as a force corruption and their genuine desire to advance that will attract high-tech skills to the Central CONDEMNING THE ASSASSINATION the development of the rural poor. Regrettably, Valley. OF ARMENIAN LEADERS IN AT- these ``new'' leaders appear to have a few VisionOne is a creative company with a TACK ON PARLIAMENT stubborn flaws of their own. high-tech gut. Their philosophy is to never Ethiopia, for example, has been stalling the lose sight of the fact they are developing tech- HON. HENRY A. WAXMAN OAU mediators and Special Envoy Tony Lake nology for users, not users for technology. The OF CALIFORNIA to avoid moving forward on the same peace solutions VisionOne offers derive value to the IN THE HOUSE OF REPRESENTATIVES agreement that they once vigorously em- extent they simplify lives and overcome busi- Monday, November 1, 1999 ness challenges. braced. They have become paranoid about Mr. Speaker, it is my pleasure to honor Mr. WAXMAN. Mr. Speaker, it is with great the power and intentions of their neighbor to VisionOne for its commitment to the financial sadness and shock that I rise to mourn the the north. It now appears likely that Ethiopia is prosperity of Fresno and the Central Valley. I loss of Armenian Prime Minister Vazgen going to renew the military conflict even if it urge my colleagues to join me in wishing Sargsian, Speaker of the Parliament Karen means international condemnation and a new VisionOne many more years of continued suc- Demirchian, and the Members of Parliament generation of Ethiopian widows. Their sov- who were killed in the legislature on Wednes- cess. ereignty, they claim, must not be com- day, October 27, 1999. Their exemplary lead- f promised. ership contributed immensely to the bold polit- TRIBUTE TO MR. GEORGE B. ical and economic reforms that are trans- Eritrea's government also deserves scrutiny. SALTER forming Armenia into a vibrant democracy. It continues to act at times as if it were still a Their dedication helped Armenia evolve to- leadership cell within a liberation movement. HON. BOBBY L. RUSH ward transparency, peace and stability. It is The press in Eritrea is tightly controlled, local OF ILLINOIS painful that the attack takes place at such a NGO's who gain too much foreign support IN THE HOUSE OF REPRESENTATIVES hopeful time in the Nagorno-Karabakh peace come under suspicion and are frequently shut talks, and only one month after the Prime Min- down by the government, and the sole political Monday, November 1, 1999 ister's successful trip to the United States. party raises revenues through national and Mr. RUSH. Mr. Speaker, I rise today to pay As a member of the Congressional Caucus international front companies. Eritrea's leader- tribute to one of Chicago's unsung heroes, the on Armenia, I condemn these acts of terror. It late George B. Salter. His untimely death on would be an injustice to the memory of these ship has cut deals with Libyan leader Muam- October 24, 1999, will truly leave a deep void courageous leaders to let an assassin's bullets mar Qaddafi and made highly personal attacks in our community. disrupt their important work. I join the Presi- on senior United States officials. When asked Mr. George B. Salter was born in Hickory, dent, the Vice President and my colleagues in why they agreed to the peace agreement only MS on October 13, 1916 to the union of Sallie extending my deepest condolences to the after Ethiopia militarily pushed them back well Johnson Salter and Frank Salter. Mr. George families of the victims, President Kocharian, into Eritrea from one area they'd occupied, B. Salter later married his high school sweet- the Armenian people, and their friends in they say that it was a matter of ``national sov- heart Louise Lucille Salter. To this union two America. Our thoughts and prayers are with ereignty.'' daughters were born, Brenda Yvonne Salter them doing this difficult time in their history. This resolution is, in my opinion, an ex- and Henrietta Louise Salter. f A Navy veteran, Mr. George B. Salter com- tremely mild expression of the deep frustration mitted a part of his life to protect the freedom URGING AN END OF THE WAR and disappointment that many of us feel. We of Americans and to further the fight for the BETWEEN ERITREA AND ETHIOPIA are dismayed that two countries with extraor- freedom of others around the world. While in dinary human capital, a firm commitment to the Navy Mr. George B. Salter was a member SPEECH OF nation-building, and a rich international base of the prestigious Navy band playing the HON. BENJAMIN A. GILMAN of support have chosen to reenact World War Trumpet while stationed in Earl, NJ. OF NEW YORK I's Battle of the Somme with modern weap- Mr. George B. Salter was employed by the IN THE HOUSE OF REPRESENTATIVES onry. Chicago Burlington and Quincy Railroad (presently Burlington Northern Santa Fe Railroad) Tuesday, October 26, 1999 What a terrible waste. where he rose in the ranks and became the Mr. GILMAN. Mr. Speaker, Ethiopia and Eri- I support this measure and urge my col- first African-American to be appointed to the trea have been at war since May 1998. De- leagues to do likewise.

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.011 pfrm04 PsN: E01PT1 E2230 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 TRIBUTE TO MRS. JOHN greatest and most immediate current foreign The number of serious assaults in which vic- SPARKMAN OF HUNTSVILLE, policy needs. The Conference Report does not tims sustained major injuries grew by 12%. ALABAMA provide the funding to pay our United Nations Hate crimes take many forms and affect dues. many different kinds of victims. We all remem- HON. ROBERT E. (BUD) CRAMER, JR. Great nations pay their bills. It is a travesty ber the horrible murder last year of James OF ALABAMA and a very poor reflection on this institution Byrd, Jr., an African-American man in Texas. IN THE HOUSE OF REPRESENTATIVES that the United States has fallen more than $1 We all remember earlier this year, when a gunmen opened fire at a Jewish Community Monday, November 1, 1999 billion behind in our payments to the U.N. Today, we could and should be solving this Center and then singled out an Asian Amer- Mr. CRAMER. Mr. Speaker, I rise today to problem. However, the Republican leadership ican and shot him. How many more deaths, pay tribute to a long-standing citizen of my has chosen, instead, to allow this important how many assaults on the personal integrity of district, Mrs. Ivo Sparkman, widow of U.S. international obligation to be held hostage to people, need to happen before this Congress Senator John Sparkman. Mrs. Sparkman the domestic politics of the far-right by con- will see the need for hate crimes legislation? passed away last week, 2 weeks after cele- tinuing the connection between U.N. dues and The Hate Crimes Prevention Act would pro- brating her 100th birthday. the unrelated issue of restrictions on inter- vide law enforcement officials with needed During their 62 year marriage, Senator and national family planning. tools to fight these crimes, and would serve as Mrs. Sparkman made their way from There are many consequences to the U.S. a lasting tribute to the lives of Matthew Albertville, Alabama all the way to Wash- not paying its UN bills. Most immediately, if we Shepard, James Byrd, Jr., and the others who ington, D.C. and then settled in downtown do not pay a significant portion of our arrears have been victimized by hate crimes. The Huntsville. this year, we will automatically lose our vote in Hate Crimes Prevention Act would not end all In later years, Mrs. Sparkman discovered a the General Assembly. I cannot believe that violence against people because they are gay, or African-American, or Jewish, or come from real artistic talent, painting, and she produced this Congress could even consider allowing another country. Nonetheless, this legislation several colorful paintings for family and such a step to occurÐbut, unfortunately, it has would allow the federal government to inves- friends. She also possessed a true love for done so repeatedly in the past few years and tigate and punish crimes motivated by hate. If nature enjoying gardening and bird-watching. there is a real possibility that it will again this this law prevents one hate-driven death, it will As the wife of a longtime U.S. Senator, Mrs. year. In light of the majority's recent rejection Sparkman exhibited a keen interest in politics be justified. of the Comprehensive Test Ban Treaty in the The murder of Matthew Shepard is the man- and hosted many dignitaries at her home Senate, not paying our UN dues marches this through the years. The Sparkman's time in ifestation of the enduring bigotry that still pre- Congress further down the path of neo-isola- vails in our society. The Hate Crimes Preven- Washington proved very beneficial to my dis- tionism. trict as Huntsville's space program began to tion Act should be included in the Commerce, We used to be told by our colleagues who Justice, State Appropriations bill. thrive under their leadership. oppose the UN that their objections to UN Alabama and the nation displayed their af- I also believe that this Conference Report is funding were based on concerns about ineffi- fection for Mrs. Sparkman at her October 6th deficient because it provides only $325 million ciencies and bureaucracy at the UN. Those birthday party. Former U.S. Senator Howell for the Community Oriented Policing Service issues have been and continue to be ad- Heflin attended the party, held on ``Ivo (COPS) program. This funding level is a cut of dressed. The UN is reforming. We use our le- Sparkman Day'' as proclaimed by Mayor Lo- $1.1 billion below last year's funding and $950 verage to continue those reforms when we million below the President's request. This cut retta Spencer and Governor Don Siegelman. continue as a deadbeat in our dues. is wrong. The COPS program has been suc- Letters poured in from all over including spe- Now, of course, our U.N. dues have not cessful in adding officers to local law enforce- cial notes from Lady Bird Johnson and Annie been paid because they are being held hos- ment agencies and has had a real impact on and John Glenn. tage to a totally unrelated matterÐthe Mexico preventing crime and promoting neighborhood I believe this is a fitting tribute for one who City gag rule and the politics of the religious and community safety. has dedicated many years to serving the na- right on the other side of the aisle. It is long Because the CJS Conference Report does tion and Alabama. I send my condolences to past time for this to stop and for the United not pay our UN debt, because it does not con- the Sparkman family. On behalf of the people States to live up to its international obligations. tain the Hate Crimes Prevention Act, because of Alabama's 5th Congressional District, I join The people of San Francisco, who I am it inadequately funds the COPS programs, and them in celebrating the extraordinary life and honored to represent here in Congress, under- for other short-comings in important programs, honoring the memory of a wonderful lady, Mrs. stand the importance of the United Nations. I urge my colleagues to oppose the Con- Ivo Sparkman. Our great City is the birthplace of the UNÐthe ference agreement. f UN's Founding Charter was signed in San f OPPOSITION TO THE CONFERENCE Francisco over 50 years ago. San Francisco's TRIBUTE TO REVEREND EDWARD REPORT ON FISCAL YEAR 2000 interest in the UN goes well beyond our histor- R. SHERRIFF COMMERCE-JUSTICE-STATE AP- ical connections to the institution. San Francis- PROPRIATIONS, H.R. 2670 cans take seriously the principles and the ideals behind the UN, including the belief that HON. ROBERT T. MATSUI HON. NANCY PELOSI a multinational institution can play a valuable OF CALIFORNIA role in conflict resolution and the promotion of IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Monday, November 1, 1999 IN THE HOUSE OF REPRESENTATIVES peace. I believe that the U.S. has a national inter- Mr. MATSUI. Mr. Speaker, I rise in tribute to Monday, November 1, 1999 est in a reformed United Nations that functions Reverend Edward R. Sherriff. On October 20, Ms. PELOSI. Mr. Speaker, my statement in effectively and efficiently. We must provide it 1999, Reverend Sherriff was stabbed to death opposition to the Commerce, State, Justice with the needed resources. in his home in Sacramento. A memorial serv- Appropriations Conference Report on the Fis- The second major problem with this Con- ice will be held on November 7 at River City cal Year 2000 Commerce-Justice-State appro- ference Report is the removal by the Con- Metropolitan Community Church's Cathedral of priations bill was inadvertently left out of the ference Committee of the Hate Crimes Pre- Promise in Sacramento. As the community RECORD. The following is the statement I had vention Act. mourns his loss, I ask all my colleagues to join prepared. One year ago, many of us spoke on this with me in saluting the career and efforts of I have the greatest respect for the Chairman floor about the tragic and brutal murder of this exceptional person. and Ranking Members of this Subcommittee Matthew Shepard, a gay college student. Mat- Reverend Sherriff was born in Serdro- and am, therefore, disappointed in the need to thew was courageously willing to be open Wooley, Washington and raised in Northern oppose the Conference Report, however it is about who he was. He suffered because of California on the Hupa Reservation. He began deficient in several critical ways, particularly in who he was. This is simply wrong. preaching locally at age seventeen. This child- not paying our UN debt, in not including the Unfortunately, Matthew is not alone. Accord- hood interest grew into a career. He was the Hate Crimes Prevention Act, and in under ing to the National Coalition of Anti-Violence pastor of several congregations and coordi- funding the Community Oriented Policing programs, in 1998, 33 Americans were mur- nated churches in the Northwest U.S. and in Service (COPS) program. dered because they were gay or lesbian. In Canada. In 1965, he was dismissed as a re- First, this Conference Report does not pro- the United States last year, there were at least sult of his sexual orientation, and he did not vide the needed funds to address one of our 2,552 reports of anti-gay or lesbian incidents. enter another church for 19 years.

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.014 pfrm04 PsN: E01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2231 His life in ruin, Reverend Sherriff borrowed Strong, Mess Attendant 3rd Class, U.S. Navy. these values. Winsome completed her under- money to buy a restaurant. This venture even- The Government of France has approved Mr. graduate and graduate studies at the Univer- tually expanded to five extremely successful Strong for the award of The National Order of sity of the West Indies and Howard University. eateries. During this time, he also financed a the Legion of Honor. She completed post-graduate studies in ger- homosexual hotline in Spokane, Washington, The National Order of the Legion of Honor ontology at the Brookdale Center on Aging of taught nursing for the state of Washington, is the highest honor France bestows on its citi- the City University of New York. and volunteered his time to help the needy zens and foreign nationals. It is presented in Winsome is married to Kenneth Davis and and hungry. gratitude for the American valor in France dur- they have a five-year-old son, Andrew. Ms. In 1983, Reverend Sherriff attended a serving World War I and in recognition of the 80th McLean-Davis is truly an inspiration to her fel- ice at Emmanuel Metropolitan Community anniversary of the signing of the Armistance low administrators and a pillar in her commu- Church in Spokane, Washington. Because of on November 11, 1918. nity. I commend her to my colleagues as an this open and caring environment, he was John Strong is 101 years old, and a long outstanding example of a community leader. convinced to rejoin the ministry. time resident of Fresno and the San Joaquin f Reverend Sherriff briefly served as a pastor Valley. He served as a Mess Attendant 3rd of the MCC church in Boise, Idaho, and he Class with the U.S. Navy in World War I. He TRIBUTE TO CLAUDE C. STEWART, served as District Coordinator of the North- left for Brest, France on the U.S.S. Passtora JR. west District, Universal Fellowship of Metro- and served aboard a submarine in France. politan Community Churches from 1987±1992. John Strong vividly remembers surviving a tor- HON. JAMES E. CLYBURN From 1990 to 1992, Reverend Sherriff served pedo missile attack by the Germans. The tor- OF SOUTH CAROLINA as Executive Director of the Hope House, a pedo landed three or four feet away from the IN THE HOUSE OF REPRESENTATIVES low-rent residence facility operated by Loaves and Fishes. submarine that he was on and many sailors Monday, November 1, 1999 Edward Sherriff began his tenure as Asso- were killed as a result of the attack. Mess At- Mr. CLYBURN. Mr. Speaker, I rise to pay ciate Pastor of River City Metropolitan Com- tendant 3rd Class Strong was one of the few tribute to Claude C. Stewart, Jr. Although he munity Church in Sacramento in 1987. His of- fortunate sailors to survive and he has never is no longer with us, his life stands as a testa- fice was located in the church building in Oak forgotten this incident. He was honorably dis- ment to the value of hard work and a strong Park, a multicultural community in a de- charged from the U.S. Navy on September commitment to family. However, ``June,'' as he pressed area of Sacramento. He made a prac- 25,1919. is fondly known, liked to believe that he led an tice of inviting cold and hungry people off the John Strong has since been a minister of ordinary life. street to come in for a cup of hot coffee. As the Gospel of the Jesus Christ Church. He en- He was born on September 7, 1923 in the news spread, more and more people tered into the ministry in 1929 and over the Union County, South Carolina. He was the began to flock to the Reverend's door. years has pastored in five churches. He was 18th child of Claude C. Stewart, Sr. and Janie Due to his nursing background and interest an active minister until 1998. Means Stewart. Other than a 22 month stint in feeding the needy, nutritional concerns were Mr. Speaker, I want to honor the Reverend serving in the U.S. Army during World War II, of utmost importance in formulating his out- Strong for his dedication to the U.S. Navy. I June spent most of his childhood and adult life reach to the community. In 1990, he began urge my colleagues to join me in wishing John in Columbia. cooking a pot of soup for the 10 or 20 hungry Strong many more years of continued success For more than 40 years, he worked for people who had nowhere else to go for a in life. Johnson's Funeral Home and Palmer Memo- warm meal. f rial Chapel. However, ``June'' is best remem- In the early 1990's Reverend Sherriff and bered for his service to the Columbia, South MCC began the Samaritan Center to provide TRIBUTE TO WINSOME McLEAN- Carolina, Fire Department. In 1953, he was held for the needy regardless of religious affili- DAVIS selected one of the first eight African Ameri- ation, race, creed, sex, or sexual orientation. cans to work at the department. Hard work The Samaritan Center used volunteers and HON. EDOLPHUS TOWNS and dedication enabled June to rise through the church's kitchen to prepare the meals and OF NEW YORK the ranks and become the first black Engineer, used the church's social hall to serve the IN THE HOUSE OF REPRESENTATIVES Captain, Battalion Chief and Assistant Chief. meals. The number of hungry people contin- In June 1989, he retired as Assistant Chief ued to grow, and in 1992, Reverend Sherriff Monday, November 1, 1999 after 36 years of service. resigned his District Coordinator position and Mr. TOWNS. Mr. Speaker, I want to bring to Outside work, ``June'' was a dedicated dedicated his time to the Samaritan Center. my colleagues' attention the achievements of In 1994, MCC's Activities Building, which Ms. Winsome McLean-Davis. member of Second Calvary Baptist Church housed the Samaritan Center, burned to the Ms. McLean-Davis is currently the adminis- were he served on the Deacon Board. He was ground. At the time, the Samaritan Center was trator for the Bishop Henry B. Hucles Epis- also a member of Masonic Lodge #47 and the providing about 400 hot meals per day. As a copal Nursing Home which is a 240-bed Veterans of Foreign Wars. Until his death, June was married to Bertha result, the center was promptly moved to a skilled nursing facility in the Bedford- Williams Stewart for 46 years. They had two new location and continued the services to the Stuyvesant section of Brooklyn. Through her children. Their son, Claude David, pre- community. In September of 1999, the Sa- leadership and pioneering spirit, the facility deceased his father. Their daughter, maritan's Food Bank program, together with opened an adult day care program in April of Claudette, married Leonard Hampton and has Reverend Sherriff's coffee shop, had helped this year. The Episcopal Nursing Home has one son, Terrance Claude Hampton, whom feed over 4,200 people. also received a deficiency-free assessment ``June'' affectionately called his ``Man.'' Mr. Speaker, as the community of Sac- from the Department of Health. Mr. Speaker, I ask you to join with me and ramento gathers to mourn the loss of one of Winsome's contributions to our community my fellow South Carolinians from the Colum- its finest citizens, I am honored to pay tribute go beyond her accomplishments in the suc- bia area as we pay tribute to Claude C. Stew- to Reverend Edward R. Sherriff. His tireless cessful operation of this nursing facility. As art, Jr. ``June'' showed us how to turn the service to the community and people of Sac- Vice President of her local block association, glory in an ordinary life into the extraordinary. ramento will be dearly missed. I ask all of my Winsome has focused on improving her com- He will be sorely missed. colleagues to join me in mourning his loss and munity. In an attempt to develop community f celebrating his achievements. support groups, Winsome organized a sum- f mer program for children and youth. Currently, TRIBUTE TO ANN MELLON HONORING WWI VETERAN, JOHN Winsome also serves as the Vice President of STRONG the Black Long Term Care Administrators' As- HON. JAMES P. McGOVERN sociation (BLTCA). OF MASSACHUSETTS Our community has greatly benefited from IN THE HOUSE OF REPRESENTATIVES HON. GEORGE RADANOVICH Winsome's strong moral commitments. She OF CALIFORNIA credits her father, Curlin Thomas McLean, a Monday, November 1, 1999 IN THE HOUSE OF REPRESENTATIVES trade union leader in Jamaica with instilling in Mr. MCGOVERN. Mr. Speaker, today I rise Monday, November 1, 1999 her the principle that ``investing in another's to honor the life of a great American, Ann Mel- Mr. RADANOVICH. Mr. Speaker, I rise life is the real sign of true service.'' Her moth- lon, from my hometown, Worcester, Massa- today to honor World War I veteran, John er, Ruby, by example, continues to enforce chusetts. Ann was an amazing woman. She

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.015 pfrm04 PsN: E01PT1 E2232 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 was known throughout the community as driven more than a million from their homes in diamond mines; too much of it was spent on mother to all those in need, loving all children the past year, and now threatens two million weapons that cost millions of Africans their no matter whose they were. with famine. Their weapons, including land lives and limbs, and reversed years of eco- Working with Catholic Charities she served mines that make Angola the deadliest place in nomic progress their countries had made. as a foster mother to over 116 children whom the world, are purchased with diamond reve- Where would these nations be without those she loved with all her heart and being. It is my nues totaling nearly $4 billion this decade. wars? The contrast between Botswana, which opinion that the whole world is a better place Through their greed and craven brutality, invested its diamonds in its people, and Sierra because of her work. rebels and dealers in dirty diamonds risk tar- Leone, which invested them in war, is striking. A loving wife and mother, Ann was a nurse nishing the appeal of diamonds to consumers, Africans in Botswana live to age 52, on av- and caregiver to all those who needed care. and their promise to impoverished African na- erage; in Sierra Leone, they die at age 35. She gave enduringly of herself, always with tions. I believe the CARAT Act will help pro- In Botswana, 7 in 10 people can read; in Si- compassion and most of all love. She was a tect these democracies from the shame that erra Leone, 7 in 10 cannot. happy person, always laughing with the chil- these outlaws are bringing to the diamond In Botswana, annual per capita income is dren she loved so dearly. Her door was al- trade. nearly $6,000; in Sierra Leone, it is just over ways opened to the hungry. She was always The information my bill provides to con- $600. able to provide them with a meal, a laugh, and sumers can be given without hesitation by Mr. Speaker, as Members of Congress we a good dose of the best medicine of all, the those trading in diamonds mined in Botswana, have a civic responsibility to invest our tax- medicine of the heart. Mr. Speaker, today I South Africa, Namibia, Canada, Australia, and payers' money wisely. We also have a moral join her family and friends, as well as the en- Russia. It will reassure Americans that the duty to help those who Scriptures call ``the tire Worcester community, in mourning her symbols of love and commitment they cherish least of these.'' Neither allows us to ignore the passing. were never darkened by the shadows of ma- root cause of the terrible suffering that this f chetes or land mines, and that their invest- legislation seeks to address. We should not ment was not used to buy guns or bombs. rush into enacting any ill-advised sanctions; CONSUMER ACCESS TO A RESPON- Mr. Speaker, I commend the efforts of Glob- but neither should we continue to look away SIBLE ACCOUNTING OF TRADE al Witness, a coalition of human rights organi- from a problem we could do so much to elimi- ACT zations working to draw worldwide attention to nate. the link between the illicit trade in diamonds In this decade, we have had no opportunity HON. TONY P. HALL and wars in Africa. The ``Fatal Transactions'' to get to the root of this evil like the one we OF OHIO campaign they have launched is a responsible have today. The hideous war in Sierra Leone IN THE HOUSE OF REPRESENTATIVES effort, one that aims to shield those engaged has ended; Liberia is rebuilding its economy in legitimate trade from public outrage. That is Monday, November 1, 1999 and society; and United Nations sanctions very important, because activists will play a block the sale of diamonds by UNITA rebels in Mr. HALL of Ohio. Mr. Speaker, I rise today crucial role in shaping public opinion about the Angola. Only in the Democratic Republic of to introduce the Consumer Access to a Re- diamond trade. If diamonds go the way of Congo do illicit sales of diamonds threaten sponsible Accounting of Trade Act of 2000. furÐif they become a pariah product in the peace. Now is the time to take preventive ac- This bill aims to give Americans the same eyes of many consumersÐdemocracy in tion to sever one of the key lifelines of war in information about diamonds that they have Southern Africa could be shaken, and regional Africa. about other products they buy. I believe it is stability put at risk. I am heartened that Global In preparing this bill, I have learned that dia- information that may be of increasing interest Witness' member organizations are exercising monds are judged by what experts call ``the to them, as attention focuses on some re- greater caution to ensure this does not hap- four C's''Ðcut, color, clarity, and carat weight. gions' reliance on diamonds to fuel wars there. pen. I hope that, by giving consumers informa- I believe the day is coming when diamonds This link between dirty diamonds and war is at tion they can use to understand this issue, my also are judged by a fifth CÐtheir country of the root of much evil in Africa today. bill will provide another safeguard. origin. the CARAT Act will ensure consumers Mr. Speaker, I want to make it clear that I also hope this legislation will support work know all five C's, and help themÐif they warÐand not diamondsÐis the root of these on this issue by policymakers, and I commend choose to do soÐuse their purchasing power evils. Botswana went from the poorest country to our colleagues' attention the efforts of our to support those who are using diamond reve- in the world to become one of Africa's greatest State Department, of Secretary Albright, of nues to wage war against their people. success storiesÐa success built on the care- Britain's Robin Cook, of Canada's Robert My bill is a simple one, Mr. Speaker. It sim- ful investment of diamond revenues in the na- Fowler, and of the many experts in govern- ply requires gem-quality diamonds imported tion's people. In Namibia and South Africa, ment, non-government, and business organi- into the U.S. market to be accompanied by a too, diamonds have been the fuel for tremen- zations working to sever the link between war certificate listing where they were mined. But dous progress. and gems. it will also remind those who depend on our Sadly, and especially so for those of us who The supply-side approach they are taking business that Americans are powerful and re- have hoped and worked for a brighter future offers the promise of a global solution, and I sponsible consumers. It will protect the demo- for all Africans, fighting is again overshad- hope they succeed. In the meantime, how- cratic nations in Africa that depend on dia- owing prospects for progress in several other ever, the United States can play a bigger role mond revenues. And it enables American con- African nations. In twoÐLiberia and Sierra in this noble effort. In fact, the way to have the sumers to choose not to support the oppres- LeoneÐpeace agreements have stopped most most constructive impact might be by exer- sors of African people who have paid too of the fighting; in the Democratic Republic of cising our purchasing power wisely. dearly, and for too long, the price of war. Congo, a fragile cease-fire is holding so far; Mr. Speaker, Americans buy 65 percent of and in Angola, war threatens to drag on for the gem-quality diamonds sold worldwide, f some time. In all four countries, revenues from making us a force the market must reckon diamond mining have fueled these wars and with. Insisting that our consumers are in- TRIBUTE TO THE TORRANCE made their continuation possible. formed of the original source of diamonds sold UNIFIED SCHOOL DISTRICT Sierra Leone is a dramatic example: Rebels to them will send a wake-up call to the dia- there went from a rag-tag bunch of 400 sol- mond industry. It will encourage countries and HON. STEVEN T. KUYKENDALL diers, to a formidable force numbering more businesses in Africa to use their influence to OF CALIFORNIA than 20,000. The revenues from the diamond end the wars that wreak so much havoc on IN THE HOUSE OF REPRESENTATIVES mines they seized ensured they never wanted that continent before those wars give dia- for the best in weapons or gear, and they en- monds a bad name. And it will help protect the Monday, November 1, 1999 abled these butchers to cut off the hands and democratic nations that are using their dia- Mr. KUYKENDALL. Mr. Speaker, I rise arms of civilians in punishment for casting bal- mond revenues for the good of their people. today to recognize the Torrance Unified lots. In all, $200 million a year in diamond ex- Mr. Speaker, in the past decade our Nation School District. This school district has taken ports funded the bloodshed that killed 50,000 has spent nearly $2 billion in humanitarian aid the initiative in addressing youth violence by people in Sierra Leone this decade. to people who live in the nations where ``con- implementing a systemwide program for con- Angola's seemingly endless war is another flict diamonds'' are fueling wars. Over the flict resolution. example. Rebels again are waging the war same period, at least three times that much Highlighting themes of compassion, respect, that has cost a million people their lives, has was siphoned away from those same nations' and character, this program works with the

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.019 pfrm04 PsN: E01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2233 students and adults to help them to better un- teacher at Charles D. Owen High School in Only then can the Senate offer its amend- derstand and manage the conflicts they en- Black Mountain, North Carolina was named ments to this legislation. counter in their own lives, as well as the chal- the NFL Teacher of the Month for the Month All too often in recent years, we have faced lenges that they encounter in society. It also of September. The National Football League similar situations where Congress has failed to works to eliminate prejudices and further the will grant a cash award of $2,500 to Mr. Sapp enact its 13 separate annual appropriation bills practices of the nonviolent resolution of con- and $5,000 to Owen High School as part of in a timely manner. However, this does not flict. this program. mean we can fly in the face of the Constitu- It is programs like this one that are Mr. Sapp has taught at Owen High School tion. proactive in preventing the violence at our for 22 years, specializing in mathematics. In Today, we voted on a continuing resolution schools that we have become all too familiar addition to his regular load of classes, Mr. to keep the government running. Although with. It is clear that something must be done Sapp also is the coach of the high school adopting these bills through a series of con- to prevent our youth from resorting to vio- math team, which consistently represents the tinuing resolutions is very costly to the tax- lence. Torrance Unified is committed to its stu- school well at competition and has produced payers, it provides us with time to debate and dents and creating a safer, more peaceful many exemplary performances by its mem- amend these measures properly and constitu- learning environment, as well as a safer com- bers. It was one of Mr. Sapp's former stu- tionally. munity as a whole. dents, and an exemplary performer himself, We have now had three continuing resolu- Torrance Unified was recently recognized by who nominated Mr. Sapp for this honor: Quar- tions in relation to the fiscal year 2000 appro- the Los Angeles Board of Supervisors, and it terback Brad Johnson of the Washington Red- priation bills. Three continuing resolutions! Yet, has also been featured at the World Congress skins. the Republican leaders have prevented this on Violence and Human Coexistence in Ire- Brad Johnson, a native of Western North measure from being taken up by this House. land. This school district will continue to be a Carolina, has been very active in community The Republican leadership has provided us model for addressing the tough issues of con- service with organizations such as Children's with no opportunity to amend this measure. flict and youth violence. We need more pro- Miracle Network and the United Way of Amer- We are being denied the opportunity to offer grams like this one. ica. Of course, many would more likely know an amendment on behalf of our constitu- I commend the Torrance Unified School Dis- the work he has done to propel the Redskins encies. trict's commitment to conflict resolution and back into the ranks of the elite in the National I don't fault the Appropriations Committee. their efforts in creating a safer community for Football League. I am very proud of these two They have worked hard and reported the ap- the people of the South Bay. I wish them con- native sons of Western North Carolina who propriations bills. We could long ago have tinued success with this significant program. have proven time and again to be among the acted upon these bills. The Appropriations f elite in their respective fields. And once again, Committee didn't hold up the bills. The Repub- CONGRATULATIONS TO JAMES I commend Anthony Wayne Sapp for his lican leadership held up this bill because they ECKMANN achievements. knew the cuts reported out of the House Ap- f propriations Committee would not help their HON. RANDY ‘‘DUKE’’ CUNNINGHAM public image. So, they decided to bypass the CONFERENCE REPORT ON H.R. 2064, House of Representatives! OF CALIFORNIA DISTRICT OF COLUMBIA APPRO- IN THE HOUSE OF REPRESENTATIVES Only now, are we getting to debate this PRIATIONS ACT, 2000 measure. But what exactly are we debating? Monday, November 1, 1999 This conference report was only filed last SPEECH OF Mr. CUNNINGHAM. Mr. Speaker, I rise night. We have not had an opportunity to re- today to congratulate my constituent, Mr. HON. PATSY T. MINK view it and see what is really in this report. James Eckmann. Mr. Eckmann just returned OF HAWAII What I know is bad enough. It includes an from a volunteer mission with the International IN THE HOUSE OF REPRESENTATIVES across-the-board cut of 0.97%, and it under- Executive Service Corps in El Salvador. Dur- mines the Administration's class-size reduction Thursday, October 28, 1999 ing his time Mr. Eckmann provided managerial initiative by giving districts the option to use and technical assistance to improve the lives Mrs. MINK of Hawaii. Mr. Speaker, today the money on any other use that improves of the people there. we are considering the conference report on academic achievement. I can only imagine Specifically, Mr. Eckmann volunteered with the so-called Labor-HHS FY2000 appropria- what has been sneaked in behind closed Dr. Francisco Jose Barrienjos and provided tion measure, even though this measure has doors. advice and assistance to Dr. Barrienjos' small not even been voted on by the House. In- But the worst part about this charade is the law firm on various aspects of working with stead, this Republican leadership decided to way that we have flaunted the Constitution. American law firms and representing American pre-conference the Senate measure and at- f companies. Mr. Eckmann also gave sugges- tach it to the conference report of the DC Ap- tions on client communications, marketing, propriations legislation. ‘‘THE IMPORTANCE OF CBI employee relations, accounting and adminis- This Labor-HHS appropriations measure is LEGISLATION’’ trative procedures. one of the largest and most important meas- Mr. Eckmann conducted this activity under ures we take up in each year. It is a massive HON. CHARLES B. RANGEL the auspices of the International Executive piece of legislation. The committee report itself OF NEW YORK Service Corps (IESC), an international man- numbers hundreds of pages. It covers some of IN THE HOUSE OF REPRESENTATIVES agement and business development organiza- the most important programs that this Govern- tion. IESC has provided assistance to more ment fundsÐour public education system, the Monday, November 1, 1999 than 21,000 projects during the last thirty-four National Institutes of Health, the Food and Mr. RANGEL. Mr. Speaker, as we approach years to business, government and nonprofit Drug Administration, and the Occupational consideration by the U.S. Senate of legislation groups around the world. Safety and Health Administration. Yet, the Re- to build a stronger trading and commercial re- James Eckmann deserves our congratula- publican leaders decided this measure is too lationship between the United States and the tions for a job well done. I know that he is contentious for proper floor debate. So, they nations of the Caribbean Basin and Africa, it proud of his accomplishments, and I am proud opted to pre-conference this measure with the is good to be reminded by the leadership of to have him as my constituent. Senate passed bill. the affected nations how critical this legislation f This process is deplorable. It flies in the is to their economic growth and development, ANTHONY SAPP—NFL TEACHER OF face of the Constitution. Article I, Section 7 while simultaneously aiding the United States THE MONTH states that ``all bills for raising revenue shall by strengthening our export markets and cre- originate in the House of Representatives.'' ating new jobs. HON. CHARLES H. TAYLOR Mr. Speaker, the Constitution is not a rough The new President of El Salvador, Fran- draft. We cannot decide to ignore it because cisco Flores, wrote a persuasive opinion edi- OF NORTH CAROLINA the bill will be too controversial for the floor torial which was published in the Journal of IN THE HOUSE OF REPRESENTATIVES and we are running out of precious time. Commerce on Tuesday, October 19, 1999. He Monday, November 1, 1999 The bill must originate in the House of Rep- rightfully concludes, after analyzing the bene- Mr. TAYLOR of North Carolina. Mr. Speak- resentatives. We must be given the oppor- ficial impact of the Caribbean Basin Initiative er, Anthony Wayne Sapp, a mathematics tunity to debate and amend this measure. upon the Caribbean Basin since its enactment

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.022 pfrm04 PsN: E01PT1 E2234 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 16 years ago, that the trade and commercial Finally, enhanced trade opportunities for am proud of all I did,'' he said. `Ì regret that relationship between the region and the United the region will bring a win-win situation for we hadn't done all that is imputed to us, for States is critical, even essential, to economic U.S. and Central American businesses. had we done that then, today Croatia wouldn't Enhanced trade will benefit industries such development and growth in the nations of the as textiles and maquilas that have contrib- have had problems, there wouldn't have been region and is a prerequisite to political and so- uted to our economic dynamism. In addition, people to write lies!'' cial stability in the region. President Flores it will provide flexibility to U.S. industries, In addressing his personal responsibility for says ``The enactment of CBI is the single most permitting them to remain competitive in the atrocities that occurred under his watch at important thing that the United States can do an increasingly competitive marketplace. Jasenovac, Sakic asserted the defense made to assist in the long-term development of Cen- In the area of textiles and apparel, extend- famous by Goering, von Ribbentrop, and other tral America and the Caribbean region.'' ing CBI benefits to vertically integrated ap- Nazi leaders at Nuremberg: He was simply fol- I am pleased to submit President Flores' parel production provides the region the best lowing orders. `Ì wasn't making decisions,'' vehicle for attracting investment and cre- editorial for the RECORD. Sakic declared, despite overwhelming informa- ating jobs. We will not be able to compete THE CASE FOR CARIBBEAN TRADE with Asia and Mexico if we are relegated to tion to the contrary, ``but I obeyed the orders ENHANCEMENT a ‘‘cut and sew’’ operation. consciously because they were in accordance (by Francisco Flores) In our view, therefore, meaningful CBI en- with my convictions of national interests and As early as this week, it is anticipated hancement legislation should include: the efforts to preserve the biological survival of that the Senate will vote on passage of trade Tariff treatment equivalent to the North the Croatian people.'' During the trial, Sakic enhancement for the Caribbean Basin. This American Free Trade Agreement to products laughed at camp survivors who testified legislation has been pending before the U.S. currently excluded from CBI. In the case of against him and claimed that he has ``no guilty Congress for five years. sugar, CBI enhancement legislation should conscience whatsoever.'' Based on the appall- include provisions to monitor the effect of Last month, the presidents of Central ing account of his unspeakable crimes, he cer- American countries, along with the presi- NAFTA on CBI countries’ sugar access to the US preferential market, and if adverse, to tainly should have a guilty conscience. dent of the Dominican Republic and the Mr. Speaker, the Croatian Government's prime minister of Trinidad and Tobago, vis- take actions to ameliorate such effects. ited Washington to advocate the passage of Quota-free and duty-free treatment for timely and public efforts to hold Dinko Sakic Caribbean Basin Initiative enhancement leg- originating textile and apparel products that accountable for his crimes merit the apprecia- islation. comply with the ‘‘yarn-forward’’ rule of ori- tion of all who care about international justice We decided to visit Washington to meet gin, including 807–A and 809 programs and and human rights. It is imperative that Cro- with the U.S. government because enhanced those made with regional fabrics formed atia's leaders continue to confront the coun- with regional yarns. trade with the United States has become try's World War II past as they have done so critical to the region’s ability to promote The enactment of CBI is the single most important thing the United States can do to effectively with the prosecution of Dinko Sakic economic growth and maintain social and and that the Croatian government aggressively political stability. assist on the long-term development of Cen- As a region, we are urging Congress to ap- tral America and the Caribbean region. oppose World War II and Holocaust revi- prove legislation that enhances trade bene- It is our hope that the Senate will move sionism. It is my hope that other newly demo- fits to the CBI nations, so that regional ex- swiftly to pass CBI enhancement legislation, cratic nations in Central and Eastern Europe ports that are currently excluded under CBI and that the House and Senate conferees will will follow the example of the Sakic trial, and are able to enjoy quota-free and duty-free ac- work to provide the most comprehensive and that they will work to honor the memory of the meaningful trade package for the region. cess to the U.S. market. millions who lost their lives during the Holo- In simple terms, we are requesting that the f caust. trade playing field be leveled so that we can f help ourselves. We regard CBI enhancement RECOGNITION OF THE CROATIAN legislation as a stepping stone to the nego- GOVERNMENT’S EFFORTS TO CELEBRATING THE SUCCESSES OF tiation of a free-trade agreement between HOLD WAR CRIMINAL DINKO THE INDUSTRIAL AREAS FOUN- Central America and the United States. SAKIC ACCOUNTABLE FOR HIS DATION AND THE METROPOLI- Enhanced trade will create an expansion of CRIMES economic opportunities that are urgently TAN ORGANIZATION needed to preserve our region’s stability by creating employment and encouraging inter- HON. TOM LANTOS HON. GENE GREEN national and domestic investment. OF CALIFORNIA OF TEXAS Conversely, a lack of trade benefits will postpone the prosperity of our region, and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES our democratic institutions could be threat- Monday, November 1, 1999 Monday, November 1, 1999 ened if governments fail to meet the expec- tations of the people. Mr. LANTOS. Mr. Speaker, I would like to Mr. GREEN of Texas. Mr. Speaker, I rise An expansion of economic opportunities invite my colleagues to join me in com- today to offer my congratulations to the Indus- between the United States and Central mending the Croatian Government's vigorous trial Areas Foundation Southwest Network and America would provide an incentive to pre- prosecution of Dinko Sakic, the commander of especially to one of their member organiza- vent Central Americans from emigrating the notorious Jasenovac concentration camp tions from Houston, The Metropolitan Organi- outside the region to seek better jobs and during World War II and one of the worst war zation, for their twenty-five years of service to living conditions. Hence, free trade will also criminals alive today. On October 4, Sakic was the disadvantaged and underprivileged com- constitute the best prevention policy against found guilty in a Zagreb court of crimes munities in the Southwestern United States. uncontrolled migration from the region that the United States can implement. against humanity and sentenced to twenty During their November meeting in San Anto- Enhanced trade between the United States years in prisonÐthe maximum allowable pen- nio, the Industrial Areas Foundation will begin and the region will also strengthen the posi- alty under Croatian law. I welcome and ap- planning a ``Domestic Policy Summit'' to be tive trend that we have seen in trade be- plaud this verdict. scheduled in the Spring of 2000. We wish tween our two areas during the past decade. Tens of thousands of Jews, Gypsies, Serbs, them success and look forward to their contin- U.S. exports to the CBI countries—among and anti-fascist Croats were murdered at ued involvement in the issues important to our which exports to Central America are Jasenovac, called the `Àuschwitz of the Bal- cities. predominent—have more than doubled since kans.'' Mass executions, random killings, tor- For 25 years, grassroots organizations in 1989, going from $9 billion to $22.1 billion, creating almost 125,000 jobs in the United ture, and starvation took place there and at communities across seven states have been States. other concentration camps run by the pro-Nazi working with the IAF Southwest Network to CBI enhancement legislation will increase Ustashe regime during World War II. Accord- make a difference in the lives of hundreds of the region’s purchasing power for all types of ing to evidence presented during his trial, thousands of people. The list of accomplish- goods and services produced in the United Sakic not only supervised these atrocities, but ments is a lengthy one, and touches on many States. also took part in many of them himself. aspects of everyday life. In my home state of For each dollar exported to the rest of the At the end of World War II Sakic fled to Ar- Texas, IAF Southwest Network has been in- world by the CBI countries, approximately 75 cents is imported in products from the gentina, where he lived for over half a century volved in convincing municipalities to raise the United States. In marginal terms for each under his real name. When he was finally de- minimum wage to a living wage; in improving additional dollar in the CBI region’s gross ported to stand trial in Croatia last year, Sakic the conditions in the communities along the domestic product, 44 cents are imported from responded to his critics by defending the gen- Texas-Mexican border, the so-called the United States. ocidal policies of the Ustashe dictatorship. `Ì ``colonias,'' many of which were without power,

VerDate 2999 04:03 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.026 pfrm04 PsN: E01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2235 water or sewer services; fighting to bring tion and ample funding to combat some of the between the ages of 13 and 18 with profes- health care coverage to the working poor; con- growing concerns in the African American sional Black men for a day of mentoring. By vincing the Texas Legislature to match federal community. partnering with the current administration, TNL seeks to expand our outreach efforts. dollars the Children's Health Insurance Pro- Mr. Speaker, I ask you and our House col- We will achieve this through continued ad- gram, ensuring that children in families up to leagues to join me in recognizing the efforts vancements in technology, creation of char- 200% of the poverty line would have access to and the achievements of The New Leaders. I ter organizations, and drawing upon the ex- health care; securing millions of dollars in also submit a position paper presented to The pertise of African American leaders both funding for after-school enrichment programs White House by The New Leaders for the past and present. that keep children learning in safety instead of RECORD. THE HISTORICAL UNDER-COUNT IN THE PAST roaming the streets; providing job training for THE NEW LEADERS CENSUS & THE IMPACT ON AFRICAN AMERICANS workers that lead to good jobs at good wages; 1999 POSITION PAPER ON YOUTH, LEADERSHIP Since the inception of the census count, and assisting eligible immigrants in acquiring AND THE CENSUS IN THE AFRICAN AMERICAN Blacks have been consistently under-counted. As a result, the Black community has English skills as well as assistance in pre- COMMUNITY been grossly misrepresented and ample fund- paring their application to become citizens. PRESENTED TO THE WHITE HOUSE, SEPTEMBER ing has not been secured. One area of vital The Metropolitan Organization in Houston 18, 1999 importance is health care. In this area, a has been at the forefront of these efforts. They The New Leaders (TNL) is a non-profit, new generation of African Americans con- have participated in voter registration drives non-partisan organization committed to em- tinue to lead in the disparity of diseases such that helped register record numbers of new powering the African American community. as: infant mortality, diabetes, cancer screen- voters. They have also worked tirelessly to ob- For the last five years, TNL has been coming and management, heart disease, AIDS prised primarily of Black professionals dedi- and immunizations (diseases identified by tain funds for street improvements, parks and cated to addressing the social, economic and the Administration’s initiative to end racial recreational centers, and libraries in low-in- political issues facing people of color. We be- and ethnic health disparities). As we move come neighborhoods. Moreover, they have lieve by leveraging our combined resources towards a new millennium, an under-count provided aid for those seeking to become with a fresh, innovative perspective, our goal in Census 2000 will have an enormous impact homeowners, encouraging people to put down of shaping public policy will result in the or- on the reapportionment efforts in this coun- roots and contribute to the revitalization of ganization attaining a value-added level of try. These efforts in turn could jeopardize their communities. influence in this country. minority political representation on the local, state and federal levels. Mr. Speaker, it is organizations like The Building upon the success the Clinton Ad- ministration has had in fostering mentoring, REMEDYING PAST UNDER REPRESENTATION OF Metropolitan Organization and the Industrial - expanding investments in youth education AFRICAN AMERICANS Areas Foundation Southwest Network that and training, and creating the GEAR-UP ini- It is the contention of TNL that one glar- make our nation great. I commend them for tiative, TNL recognizes that several partnering example of the apathy and distrust of their twenty-five years of hard work, and wish ship opportunities lie ahead. Therefore, TNL government deals with the under-count of them success in their continuing effort to make recommends that the Administration put Blacks in the census. While it is understood democracy work for all citizens of our Nation. forth initiatives that further promote our that federal moneys have been set aside to f young people to become actively involved in actively outreach underserved communities, leadership and government. Additionally, TNL believes that additional steps are need- RECOGNITION OF THE NEW these initiatives will help remedy the mis- ed to address this long standing problem. LEADERS representation of Blacks that resulted from TNL recommends that the White House in- previous under-counts of minorities in past troduce an initiative similar to the one in- national census counts. troduced by the Kennedy Administration that encouraged Americans to join the Peace HON. HAROLD E. FORD, JR. OBJECTIVE FOR INCREASING AFRICAN AMERICAN Corps. This initiative would focus on train- OF TENNESSEE LEADERSHIP REPRESENTATION ing and empowering young people to become IN THE HOUSE OF REPRESENTATIVES TNL encourages the Clinton Administra- active in government. TNL believes that Monday, November 1, 1999 tion to expand existing initiatives and/or such an initiative will not only address the create a new initiative design to invest in Mr. FORD. Mr. Speaker, I rise today in rec- issues of inadequate reapportionment, but the development of governmental leadership also concerns regarding reparations as well ognition of an organization that is vitally impor- within African American communities as the equitable treatment of Black Ameri- tant to our society as a whole. The New Lead- across this nation. To formulate a model cans caught up in this nation’s burgeoning ers is an organization committed to empow- that could be duplicated, TNL proposes the criminal justice system. ering the African American community. Many development of a demonstration project that CONCLUSION creates a leadership institute to train and challenges lie ahead in addressing the con- In their purest form, true leaders empower cerns of people of color. This organization prepare African Americans to take an active the constituency they represent, they take role in government. brings young professionals together to tackle control of adverse circumstances, and they the social, economic, and political problems CURRENT CIRCUMSTANCES OF BLACKS IN THE assume the responsibility for a better way of POLITICAL PROCESS facing people of color. For five years, this or- life. The best way to instill this ideology is Extreme apathy exists among a massive to train and equip individuals that have been ganization used the collective resources of pool of untapped voters across this country. consistently and systematically denied the these young professionals to shape public pol- This apathy is prevalent in the Black com- liberties this country has afforded other citi- icy. munity, especially among our youth. While zens. Using fresh and innovative perspectives that reasons vary as to why eligible young voters Therefore, TNL believes that the most ef- we as policy makers desperately need, this or- are so far removed from the political proc- fective way to tackle these issues begin with ganization has become a part of several youth ess, we must find a way to reengage these in- empowering every African-American to be- dividuals. Our failure to successfully address come motivated and actively engage in the education and training partnerships. The New principals of democracy. If we can accom- Leaders has worked continually to increase this issue will result in continued inadequate resources for undeserved minority commu- plish this, we will balance the scales of jus- African American leadership opportunities and tice, ensuring fairness and equitable treat- nities. to foster an environment of youth empowerment for all, irrespective of race, creed, or TNL’S COMMITMENT TO YOUTH EMPOWERMENT ment. As a member of their generation, I real- color. ize the importance of looking at our young Over the past few years, TNL has touched A new era. A new America. The possibili- the lives of thousands by addressing the so- ties are endless. people as assets and resources. cial, political and economic state of the Afri- f The New Leaders have made significant can American community. One of TNL’s pri- strides in this area by designing a leadership mary interests has been and continues to be FORMER SENATOR PAUL SIMON development program for middle school stu- our youth—equipping and instructing them COMMENTS ON MEDICAL RE- dents, providing scholarship money to stu- to assume responsibility for their own lives SEARCH FUNDING dents, and sponsoring the highly successful and the future of their communities. and effective Take a Youth To Work Day. TNL has made significant strides in this Not only are The New Leaders ahead of the area by designing a leadership development HON. ROSA L. DeLAURO program for middle school students, pro- OF CONNECTICUT curve in advocating youth empowerment they viding $88,000 in scholarship moneys through IN THE HOUSE OF REPRESENTATIVES also support a fair and accurate census. His- Texas Southern University (TSU), and most Monday, November 1, 1999 torically, minorities have been under-counted importantly, sponsoring our annual Take a and The New Leaders are committed to Cen- Youth to Work Day. Every year this mile- Ms. DELAURO. Mr. Speaker, I submit the sus 2000 in order to ensure equal representa- stone event pairs African American males following article for the RECORD.

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.028 pfrm04 PsN: E01PT1 E2236 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 [From Parade Magazine, Sept. 12, 1999] billion in 1998. But we can’t rely on them for Members of the Saint George Society have ‘‘I HAD NO SYMPTOMS OF HEART ATTACK . . .’’ basic research efforts. That’s why funding always vigorously upheld their pledge to aid for the National Institutes of Health, which (By Paul Simon) the sick and needy among them. Although does basic research that can benefit us all, is jobs were scarce and times were difficult in As I look back on my 22 years in the House so important. Its funding has doubled in the and Senate, I realize I would like to change last 15 years—to $15 billion. But while $15 the early years of the society, they success- a few of the votes I cast. Most people—and billion is a sizable sum, it is inadequate fully raised money in order to help those in politicians probably more than most—hate when compared to what we spend on legal- need. As their membership grew, the society to admit they are wrong. I was wrong ized gambling ($638 billion in 1997), alcohol was able to both rent space for their meetings though, and that was brought home to me re- ($95 billion) and cigarettes ($50 billion). Two- at Pulaski Hall and continue to help the com- cently in a most dramatic way. thirds of Americans agree that funding for munity in many significant ways. It started when I happened to read a maga- medical research should be doubled, accord- In the early 1920's, the Society gave 25 dol- zine article on a new device for measuring ing to a poll taken last year by the nonprofit blockage of the heart arteries. The device lars to returning war veterans who had been advocacy group Research! America. Yet, for members of the organization before leaving for takes a type of picture of the heart and coro- the fiscal year beginning Oct. 1, President nary arteries (called a ‘‘heart scan,’’ some- Clinton has asked for just a 2.1 percent in- the War. Also, as a result of the Society's ex- thing like an X-ray) that can pick up hidden crease—barely above the inflation rate. clusively Polish membership, they made sub- problems. I had no symptoms of heart trou- That’s not nearly enough. We must do stantial efforts to buy Polish War Bonds in ble, such as chest pain or shortness of more. Greater focus on research would be a order to aid Poland. By 1959, the Society had breath, but the article noted that about 20 marvelous gift to future generations of my weathered the great depression, two wars and percent of those over 60 (I am 70) who have a family and of yours. I know. It already has a changing world. In spite of this, by the end heart attack or stroke have no advance been a marvelous gift to me. of the year they were able to expand their warnings. I set up an appointment for a heart scan at f services to care for mentally disabled children. Rush-Presbyterian-St. Luke’s Medical Cen- On August 23, 1981, they opened the doors of ter in Chicago on Nov. 10 last year. The scan MATTYDALE, N.Y. SCHOOL CELE- a new facility which allowed them even greater took 10 minutes, but the results were star- BRATES ‘‘VETERANS AWARE- opportunity to serve and be a part of the com- tling: I was headed for a heart attack or NESS WEEK’’ munity. stroke. As a result, last Jan. 5 I had a six- On July 11, 1999, the Saint George Society way heart bypass operation. celebrated many years of accomplishment by Today, I’m doing fine. It turns out that the HON. JAMES T. WALSH OF NEW YORK burning the mortgage on their property. As heart scan—developed as a result of research you can imagine, this was a very meaningful done by Douglas Boyd at the University of IN THE HOUSE OF REPRESENTATIVES event for this organization which has given so California at San Francisco—probably saved Monday, November 1, 1999 my life. Sadly, I had to admit to myself that much to Bay City. For them, burning this mort- supporting funds for medical research was Mr. WALSH. Mr. Speaker, I want to bring to gage was more than just destroying a piece of not something I devoted much time or effort the attention of the House of Representatives paper, but was an event that represents many to when I served in the Congress. I felt other today the patriotic and noble intentions of stu- years of accomplishment, dedication, sacrifice issues were more important. Now I know how dents at St. Margaret's School in Mattydale, and commitment. wrong I was. All around me are others— New York, in my home district. These young Mr. Speaker, the Saint George Society has former colleagues and friends—who have people, by way of Ms. Kimberly Arnold's So- been a source of strength and pride for many benefited from medical research: years in the Bay City area. I know that they The TV talk-show host Larry King, who cial Studies class, have taken it upon them- has had serious heart problems and under- selves this year to institute a new celebration will continue to be a vital part of Michigan's gone bypass surgery, often says, ‘‘Because of honoring veterans of U.S. military service. Fifth District. For that reason, I urge you and research, I’m alive today.’’ On November 8, 1999 the students will cel- my colleagues to join me in wishing the Saint Sen. Ted Stevens (R., Alaska) and former ebrate the first Veterans Awareness Week. George Society many blessings for the future. Sen. Bob Dole (R., Kan.) had successful sur- The program will include patriotic songs by the f gery for prostate cancer thanks to the bene- school choir, essay contest readings, distribu- fits of medical discoveries. TRIBUTE TO THOMAS A. BUTTS, U.S. Rep. Rosa DeLauro (D., Conn.) has tion of ribbons and special recognition by chil- ASSOCIATE VICE PRESIDENT been successfully treated for ovarian cancer. dren to veterans in their immediate families. FOR GOVERNMENT RELATIONS But I also think of those who lost their This is a remarkable and worthy celebration AND EXECUTIVE DIRECTOR OF battles or still struggle because not enough of the sacrifices made by veterans in the THE UNIVERSITY OF MICHIGAN’S research has been done: United States. Worthy, because of the great WASHINGTON, D.C. OFFICE Jay Monahan, husband of the Today host service veterans have given our nation and Katie Couric, died at age 42 from colon can- the free world. Remarkable, because these cer, because we don’t yet have enough weap- young people have taken the initiative to rec- HON. LYNN N. RIVERS ons against that disease. OF MICHIGAN ognize veterans in a time of peace. That their Rep. Morris Udall (D., Ariz.) died of Par- IN THE HOUSE OF REPRESENTATIVES kinson’s disease, another illness for which young lives include sensitivity to the fact that we’re still seeking a cure. I watched Udall— freedom is not free is wonderful tribute to our Monday, November 1, 1999 a brilliant legislator with a great sense of armed forces, past and present, and to the Ms. RIVERS. Mr. Speaker, I rise today to humor—gradually decline in health. What a Founders of the United States of America. pay tribute to Thomas A. Butts, Associate Vice waste of talent that could have been pre- f President for Government Relations and Exec- vented with more research! utive Director of the University of Michigan's My first memories of Christopher Reeve THE SAINT GEORGE SOCIETY: A Washington, D.C. Office, who is retiring from are of a dynamic, vibrant actor interested in POSITIVE INFLUENCE ON BAY the University after 35 years of distinguished public affairs. He is still vibrant and dy- COUNTY namic but more focused in his public-affairs public service. interest as he presses with an understand- Mr. Butts has served as the University's liai- able zealotry for research in spinal-cord inju- HON. JAMES A. BARCIA son to Congress and federal agencies for al- ries. OF MICHIGAN most two decades. In addition to opening the Rachel Mann, a marvelous young woman IN THE HOUSE OF REPRESENTATIVES University's Washington Office in 1990, he has and family friend, had cystic fibrosis, the logged thousands of miles commuting be- Monday, November 1, 1999 largest genetic killer of children. Because of tween Ann Arbor and Washington as together her, I did push for additional funds for re- Mr. BARCIA. Mr. Speaker, I rise to pay trib- we've labored to strengthen higher education search into this disease when I was in Con- gress, but she ultimately lost her battle at ute to the Saint George Society who has in the United States. age 25. served the citizens of Bay City, Michigan, Mr. Butts' success as an advocate for high- since 1887. One does not often find, in our er education emanates from his great personal WE CAN DO BETTER relatively young country, an organization with warmth, his many contacts in government and A century ago, the average U.S. citizen lived to be 48. Now we live to an average of a continuous history of serving their fellow citi- academe, and his professional expertise, par- 76—thanks in large part to medical research. zens for 112 years. The Saint George Society, ticularly in the area of student financial aid. Pharmaceutical companies do an excellent however, has consistently carried out their Over the years, Mr. Butts has contributed job in research, and they increased their re- mission to serve their community without hesi- enormously to the deliberations resulting in research spending from $2 billion in 1980 to $20 tation and with much devotion. authorization of the Higher Education Act. He

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.032 pfrm04 PsN: E01PT1 November 1, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2237 also championed the William D. Ford Federal commerce and banking. The unitary thrift loop- have accumulated on an ad hoc basis. In ad- Direct Loan Program. hole which allows commercial firms to control dition, community banks for the first time are Prior to becoming a government relations smaller S&L charters has been closed. Not authorized the right to underwrite municipal officer, Mr. Butts served the University as an only will no new unitaries be chartered, but revenue bonds. admissions counselor and assistant director of those in existence cannot be sold to commer- 4. Regulatory relief. The legislation provides admissions in 1964±67, assistant director of cial firms. This means that the signal breach modest regulatory relief for banks with assets the Educational Resources Information Center of banking and commerce that exists in cur- under $250 million. Those with an ``out- I Counseling and Personnel Services in 1969± rent law is plugged, which has the effect of standing'' Community Reinvestment Act rating 71, director of Student Orientation in 1967±77, both stopping the potential ``keiretzuing'' of the will be examined for compliance only every 5 and director of Student Financial Aid in 1971± American economy and protecting the viability, years, while those with a ``satisfactory rating 77. and therefore the value, of community bank will be reviewed every 4 years. He also worked as Deputy Assistant Sec- charters. As close observers of the process 5. Special provisions. For a bill of the mag- retary for Student Assistance with the U.S. understand, at many stages in consideration nitude for this one, there are surprisingly few Department of Education in the late 1970s. of bank modernization legislative, powerful in- special interest provisions. The Congress held More recently, he has served as a member of terest groups attempted to introduce legislative the line to assure that breaches of imprudent both the National Commission on Responsibil- language which would have allowed large regulation were not provided to specific institu- ities for Financing Postsecondary Education banks to merge with large industrial con- tions, therefore protecting the deposit insur- and of the Advisory Committee on Student Fi- cernsÐi.e., to provide that Chase could merge ance fund, to which community banks dis- nancial Assistance. with General Motors or Bank of America with Mr. Butts earned a Bachelor of Science de- Amoco. Instead, this bill precludes this pros- proportionately provide resources, and the gree in English, economics, and secondary pect and, indeed, blocks America's largest republic, which is the last contingency backup. education from Eastern Michigan University in tail company from owning a federally insured 6. Prohibition on deposit production offices. 1959, and a Master of Science degree in edu- institution, for which an application is pending. The legislation expands the prohibition on de- cation in 1964 and Ph.D. doctoral candidate Federal Home Loan Bank System reforms. posit production offices contained in the certification in 1974, both from the University 2. The FHLB charter is broadened to allow Reigle-Neal Interstate bill to include all of Michigan. He was a first lieutenant in the community banks to borrow for small business branches of an out-of-state bank holding com- U.S. Army in 1960±63. and family farm lending. The implications of pany. This prohibition ensures that large multi- I applaud Mr. Butts' accomplishments and this FHLB mission expansion are extraor- state bank holding companies do not take de- express my deep gratitude for his commitment dinary. In rural areas it allows, for the first posits from communities without making loans to the well-being of students and to colleges time, community banks to have access to within them. and universities in Michigan and nationally. I long-term capital comparable to the Farm 7. Competition. The power under the act will congratulate Mr. Butts, a trusted adviser and Credit System, which like the Federal Home provide community banks a credible basis to friend, on this special occasion, and wish him Loan Bank System is empowered as a Gov- compete with financial institutions of any size a healthy and rewarding retirement. ernment Sponsored Enterprise to tap national or any speciality and in addition to offer, in f credit markets at near Treasury rates. The bill similar ways, services that new entrants into fi- thus creates greater competitive equity be- nancial markets, such as Internet or computer THE COMMUNITY BANK TILT TO tween community banks and the Farm Credit software companies, may originate. FINANCIAL MODERNIZATION System and greater credit cost savings for LEGISLATION farmers. With regard to the small business In a competitive world in which consolidation provision, the same principle applies. If larger has been the hallmark of the past decade, the HON. JAMES A. LEACH financial institutions choose to emphasize rela- framework of this bill assures that community tionships with larger corporate and individual banks have the tools to remain competitive. If OF IOWA larger institutional arrangements ever become IN THE HOUSE OF REPRESENTATIVES customers, the ability of community banks to pledge small business loans as collateral for consumer-unfriendly or geographically-con- Monday, November 1, 1999 FHLB System advances will allow them to centrated in their product offerings, the powers Mr. LEACH. Mr. Speaker, during every serve comprehensively a small business and reserved for community banks will ensure stage in its development, financial moderniza- middle class family market niche. Most impor- competitive viability and, where needed, tion legislation has had controversial elements tantly, if the present trend continues of Amer- incentivize the establishment of new commu- for all of the parties concerned. Differences ican savers putting less money in banks and nity-based institutions. will always remain between and within the more in non-insured deposit accounts, such as What the new flexibility provided community banking, insurance, and securities industries. money-market mutual funds, this FHLB reform banks means in that small businesses in the But it should be clear that in the final analysis assures community banks the liquidityÐat most rural parts of America will be provided the Gramm-Leach-Bliley Act which will be con- competitive costsÐthey will need for genera- access to the most up-to-date, sophisticated fi- sidered this week, relatively speaking, tilts in tions to come. nancial products in the world, delivered by favor of the nation's community banks and the 3. Additional Powers. In recent years, so- people they know and trust. Without financial customers they serve. phisticated money-center banks have devel- modernization legislation, the trend towards Seven areas deserve particular mention: oped powers, under Federal Reserve and commerce and banking, as well as more face- 1. Unitary Thrifts. While the financial mod- OCC rulings, that have allowed them to offer less interstate banking, will be unstoppable. ernization legislation provides for increased products which community banks in many Community based institutions need to be able competition in the delivery of financial prod- states are frequently precluded from offering. to compete with larger institutions on equal ucts, it repudiates the Japanese industrial This bill allows community banks all the pow- terms or growth and economic stability in rural model and forestalls trends toward mixing ers as a matter of right that larger institutions America will be jeopardized.

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A01NO8.036 pfrm04 PsN: E01PT1 E2238 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1999 SENATE COMMITTEE MEETINGS Environment and Public Works 10 a.m. Fisheries, Wildlife, and Drinking Water Aging Title IV of Senate Resolution 4, Subcommittee To hold hearings on certain initiatives to agreed to by the Senate on February 4, To hold hearings to examine solutions to improve nursing home quality of care. 1977, calls for establishment of a sys- the policy concerns with respect to SD–562 tem for a computerized schedule of all Habitat Conservation Plans. Judiciary meetings and hearings of Senate com- SD–406 Business meeting to consider pending Aging mittees, subcommittees, joint commit- calendar business. To hold hearings to examine the qulity tees, and committees of conference. SD–226 of care in the nation’s nursing homes. This title requires all such committees SD–562 10:15 a.m. to notify the Office of the Senate Daily Commission on Security and Cooperation Foreign Relations Digest—designated by the Rules com- in Europe To hold hearings to examine issues relat- mittee—of the time, place, and purpose To hold hearings on the Chechen crisis ing to Chechnya. of the meetings, when scheduled, and and its implications for Russian De- SD–419 any cancellations or changes in the mocracy. 11 a.m. Judiciary meetings as they occur. 2226, Rayburn Building 10:30 a.m. To hold hearings on issues relating to As an additional procedure along Foreign Relations the MCI Worldcom/Sprint merger. with the computerization of this infor- Business meeting to consider pending SD–266 mation, the Office of the Senate Daily calendar business. 2:30 p.m. Digest will prepare this information for S–116, Capitol Foreign Relations printing in the Extensions of Remarks 2:30 p.m. To hold hearings to examine the future section of the CONGRESSIONAL RECORD Foreign Relations United States policy with Nigeria. To hold hearings to examine issues in on Monday and Wednesday of each SD–419 promoting United States interests. week. SD–419 Meetings scheduled for Tuesday, No- NOVEMBER 5 vember 2, 1999 may be found in the NOVEMBER 4 11 a.m. Daily Digest of today’s RECORD. 9:30 a.m. Foreign Relations Indian Affairs International Economic Policy, Export and Trade Promotion Subcommittee MEETINGS SCHEDULED To hold joint hearings with the House Committee on Resources on S. 1586, to To hold hearings to examine issues relat- reduce the fractionated ownership of ing to the International Monetary NOVEMBER 3 Indian Lands; and S. 1315, to permit the Fund, focusing on lessons learned from leasing of oil and gas rights on certain the Asian financial crisis. 9:30 a.m. lands held in trust for the Navajo Na- SD–419 Armed Services tion or allotted to a member of the To hold hearings on lessons learned from Navajo Nation, in any case in which NOVEMBER 9 the military operations conducted as there is consent from a specified per- 9:30 a.m. part of Operation Allied Force, and as- centage interest in the parcel of land Governmental Affairs sociated relief operations, with respect under consideration for lease. to Kosovo. Room to be announced Investigations Subcommittee SH–216 Armed Services To hold hearings to examine the Health, Education, Labor, and Pensions To hold hearings on the nomination of vulnerabilities of United States private Business meeting to consider pending Alphonso Maldon, Jr., of Virginia, to banks to money laundering. calendar business. be an Assistant Secretary of Defense; SD–628 SD–430 and the nomination of John K. Energy and Natural Resources Veroneau, of Virginia, to be an Assist- NOVEMBER 10 Business meeting to consider pending ant Secretary of Defense. 1 p.m. calendar business. SR–222 Governmental Affairs SD–366 Commerce, Science, and Transportation Investigations Subcommittee 10 a.m. To hold hearings on local phone competi- To hold hearings to examine the Governmental Affairs tion, examining how to increase con- vulnerabilities of United States private Business meeting to consider pending sumer choice in local telephone mar- calendar business. kets. banks to money laundering. SD–628 SR–253 SD–628

VerDate 2999 03:52 Nov 02, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M01NO8.000 pfrm04 PsN: E01PT1 Monday, November 1, 1999 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Lott Amendment No. 2334 (to the instructions of Chamber Action the motion to commit), of a perfecting nature. Routine Proceedings, pages S13586–S13617 Page S13592 Measures Introduced: Four bills and two resolu- Withdrawn: tions were introduced, as follows: S. 1836–1839, and Lott (for Ashcroft) Amendment No. 2340 (to S. Res. 212–213. Page S13605 Amendment No. 2334), to establish a Chief Agricul- Measures Reported: Reports were made as follows: tural Negotiator in the Office of the United States S. 623, to amend Public Law 89–108 to increase Trade Representative. Page S13592 authorization levels for State and Indian tribal, mu- District of Columbia/Labor/HHS/Education Ap- nicipal, rural, and industrial water supplies, to meet propriations Conference Report—Agreement: A current and future water quantity and quality needs unanimous-consent agreement was reached providing of the Red River Valley, to deauthorize certain for further consideration of the conference report on project features and irrigation service areas, to en- H.R. 3064, making appropriations for the govern- hance natural resources and fish and wildlife habitat, ment of the District of Columbia and other activities with amendments. (S. Rept. No. 106–203) chargeable in whole or in part against revenues of S. 1052, to implement further the Act (Public said District for the fiscal year ending September 30, Law 94–241) approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in 2000, on Tuesday, November 2, 1999. Page S13617 Political Union with the United States of America, A further unanimous-consent agreement was with an amendment in the nature of a substitute. (S. reached providing for the allocation of time with re- Rept. No. 106–204) Page S13605 spect to the time controlled by the Democratic Lead- er on the conference report. Page S13617 Measures Passed: Senate Employees Representation: Senate agreed Messages From the House: Page S13604 to S. Res. 213, to authorize testimony, document Measures Placed on Calendar: Page S13604 production, and representation of employees in the Communications: Page S13604 Senate in Bonnie Mendelson v. Delaware River and Petitions: Pages S13604±05 Bay Authority. Pages S13616±17 Statements on Introduced Bills: Pages S13605±07 African Growth and Opportunity Act: Senate resumed consideration of H.R. 434, to authorize a new Additional Cosponsors: Pages S13607±08 trade and investment policy for sub-Sahara Africa, Amendments Submitted: Pages S13609±13 taking action on the following amendments proposed Notices of Hearings: Pages S13613±14 thereto: Pages S13592±97 Pending: Additional Statements: Pages S13614±16 Lott (for Roth/Moynihan) Amendment No. 2325, Adjournment: Senate convened at 12 noon, and ad- in the nature of a substitute. Page S13592 journed at 5:33 p.m., until 9:30 a.m., on Tuesday, Lott Amendment No. 2332 (to Amendment No. November 2, 1999. (For Senate’s program, see the 2325), of a perfecting nature. Page S13592 remarks of the Acting Majority Leader in today’s Lott Amendment No. 2333 (to Amendment No. Record on page S13617.) 2332), of a perfecting nature. Page S13592 Lott motion to commit with instructions (to Amendment No. 2333), of a perfecting nature. Committee Meetings Page S13592 No committee meetings were held.

D1229 D1230 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1999 House of Representatives product or service, amended (H. Rept. 106–431); Chamber Action and Bills Introduced: 8 public bills, H.R. 3185–3192; H.R. 3137, to amend the Presidential Transition and 2 resolutions, H. Con. Res. 217 and H. Res. Act of 1963 to provide for training of individuals a 349, were introduced. Pages H11195±96 President-elect intends to nominate as department Reports Filed: Reports were filed today as follows: heads or appoint to key positions in the Executive H.R. 359, to clarify the intent of Congress in Office of the President (H. Rept. 106–432). Public Law 93–632 to require the Secretary of Agri- Page H11195 culture to continue to provide for the maintenance Speaker pro Tempore: Read a letter from the and operation of 18 concrete dams and weirs that Speaker wherein he designated Representative were located in the Emigrant Wilderness at the time the wilderness area was designated in that Public Thornberry to act as Speaker pro tempore for today. Law (H. Rept. 106–425); Page H11147 H.R. 1235, to authorize the Secretary of the Inte- Recess: The House recessed at 12:45 p.m. and re- rior to enter into contracts with the Solano County convened at 2:00 p.m. Page H11149 Water Agency, California, to use Solano Project fa- Presidential Message—Re Sudan: Read a message cilities for impounding, storage, and carriage of non- from the President wherein he transmitted his notice project water for domestic, municipal, industrial, stating the national emergency with Sudan is to con- and other beneficial purposes (H. Rept. 106–426); H.R. 2737, to authorize the Secretary of the Inte- tinue in effect beyond Nov. 3, 1999—referred to the rior to convey to the State of Illinois certain Federal Committee on International Relations and ordered to land associated with the Lewis and Clark National be printed (H. Doc. 106–151). Page H11149 Historic Trail to be used as an historic and interpre- Suspensions: The House agreed to suspend the rules tive site along the trail, amended (H. Rept. and pass the following measures: 106–427); Dugger Mountain Alabama Wilderness: H.R. H. Con. Res. 189, expressing the sense of the 2632, to designate certain Federal lands in the Congress regarding the wasteful and unsportsmanlike Talladega National Forest in the State of Alabama as practice known as shark finning, amended (H. Rept. 106–428); the Dugger Mountain Wilderness; Pages H11152±53 H.R. 2418, to amend the Public Health Service Acquisition of Water Rights for Central Utah Act to revise and extend programs relating to organ Project: H.R. 2889, to amend the Central Utah procurement and transplantation, amended (H. Rept. Project Completion Act to provide for acquisition of 106–429); water and water rights for Central Utah Project pur- H. Res. 348, agreeing to the conference requested poses, completion of Central Utah project facilities, by the Senate on the Senate amendment to the bill and implementation of water conservation measures; (H.R. 2990) to amend the Internal Revenue Code of Pages H11153±54 1986 to allow individuals greater access to health insurance through a health care tax deduction, a long- Advocating the Elimination of Shark Finning: term care deduction, and other health-related tax in- H. Con. Res. 189, amended, expressing the sense of centives, to amend the Employee Retirement Income the Congress regarding the wasteful and unsports- Security Act of 1974 to provide access to and choice manlike practice known as shark finning; in health care through association health plans, to Pages H11154±59 amend the Public Health Service Act to create new Clear Creek, California Distribution System pooling opportunities for small employers to obtain Conveyance: H.R. 862, amended, to authorize the greater access to health coverage through Secretary of the Interior to implement the provisions HealthMarts; to amend title I of the Employee Re- of the Agreement conveying title to a Distribution tirement Income Security Act of 1974, title XXVII System from the United States to the Clear Creek of the Public Health Service Act, and the Internal Community Services District. Agreed to amend the Revenue Code of 1986 to protect consumers in man- title; Pages H11159±60 aged care plans and other health coverage (H. Rept. 106–430); Sly Park, California Conveyance: H.R. 992, H.R. 170, to require certain notices in any mail- amended, to convey the Sly Park Dam and Reservoir ing using a game of chance for the promotion of a to the El Dorado Irrigation District; Pages H11160±61 November 1, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1231 Dual Use of Solano Project, California Facili- amendment to H.R. 2990, Quality Care for the Un- ties: H.R. 1235, to authorize the Secretary of the In- insured Act of 1999. The rule provides that the terior to enter into contracts with the Solano County House agrees to the conference requested by the Sen- Water Agency, California, to use Solano Project fa- ate thereon. cilities for impounding, storage, and carriage of non- f project water for domestic, municipal, industrial, and other beneficial purposes; Pages H11161±62 COMMITTEE MEETINGS FOR TUESDAY, District of Columbia College Access: Agreed to NOVEMBER 2, 1999 the Senate amendment to H.R. 974, to establish a (Committee meetings are open unless otherwise indicated) program to afford high school graduates from the District of Columbia the benefits of in-State tuition Senate at State colleges and universities outside the District Committee on Banking, Housing, and Urban Affairs: to of Columbia—clearing the measure for the Presi- hold hearings on the World Trade Organization, its Se- dent. Pages H11170±76 attle Ministerial, and the Millennium Round, 10 a.m., Monument to Honor Service in Civil Defense SD–538. and Emergency Management Programs: H.R. 348, Committee on Energy and Natural Resources: Subcommittee to authorize the construction of a monument to on Forests and Public Land Management, to hold oversight hearings on the recent announcement by President honor those who have served the Nation’s civil de- Clinton to review approximately 40 million acres of na- fense and emergency management programs (passed tional forest lands for increased protection, 9:30 a.m., by yea and nay vote of 349 yeas to 4 nays, Roll No. SD–366. 550); and Pages H11150±51, H11176±77 Committee on Foreign Relations: to hold hearings on the Lewis and Clark Trail, Illinois Land Convey- nomination of Avis Thayer Bohlen, of the District of Co- ance: H.R. 2737, amended, to authorize the Sec- lumbia, a Career Member of the Senior Foreign Service, retary of the Interior to convey to the State of Illi- Class of Minister-Counselor, to be Assistant Secretary of nois certain Federal land associated with the Lewis State for Arms Control; Robert J. Einhorn, of the District of Columbia, to be Assistant Secretary of State for Non- and Clark National Historic Trail to be used as an proliferation; J. Stapleton Roy, of Pennsylvania, a Career historic and interpretive site along the trail (passed Member of the Senior Foreign Service with the Personal by yea and nay vote of 355 yeas with none voting Rank of Career Ambassador, to be Assistant Secretary of ‘‘nay’’, Roll No. 551). Pages H11151±52, H11177±78 State for Intelligence and Research; Craig Gordon Suspension Failed—Use of Electronic Records Dunkerley, of Massachusetts, a Career Member of the and Signatures: The House failed to pass H.R. Senior Foreign Service, Class of Minister-Counselor, for 1714, amended, to facilitate the use of electronic the Rank of Ambassador during his tenure of Service as records and signatures in interstate or foreign com- Special Envoy for Conventional Forces in Europe; and Norman A. Wulf, of Virginia, a Career Member of the merce (failed to pass, with 2/3 required to pass, by Senior Executive Service, to be a Special Representative of yea and nay vote of 234 yeas to 122 nays, Roll No. the President, with the rank of Ambassador, 10 a.m., 552). Pages H11162±70, H11178 SD–419. Recess: The House recessed at 4:30 p.m. and recon- Full Committee, to hold hearings on the nomination vened at 6:00 p.m. Page H11176 of Charles Taylor Manatt, of the District of Columbia, to be Ambassador to the Dominican Republic; and the nom- Senate Messages: Message received from the Senate ination of Anthony Stephen Harrington, of Maryland, to appears on page H11147. be Ambassador to the Federative Republic of Brazil, 2 Quorum Calls—Votes: Three yea and nay votes de- p.m., SD–419. veloped during the proceedings of the House today Subcommittee on Near Eastern and South Asian Af- and appear on pages H11176–77, H11177, and fairs, to hold hearings to examine extremist movements H11178. There were no quorum calls. and their threat to the United States, 3 p.m., SD–419. Committee on the Judiciary: business meeting to consider Adjournment: The House met at 12:30 p.m. and pending calendar business, Time to be announced, Room adjourned at 8:36 p.m. to be announced. Full Committee, to hold hearings to examine public interest’s concerning government lawsuits, 10:30 a.m., Committee Meetings SD–226. QUALITY CARE FOR THE UNINSURED Subcommittee on Administrative Oversight and the ACT—MOTION TO GO TO CONFERENCE Courts, to hold joint oversight hearings with the House Committee on the Judiciary’s Subcommittee on Commer- Committee on Rules; Granted, by voice vote, a rule cial and Administrative Law on bankruptcy judgeship providing that the House disagrees to the Senate needs, 2 p.m., 2141, Rayburn Building. D1232 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1999 House Forest; H.R. 1749, to designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component Committee on Commerce, Subcommittee on Finance and of the National Wild and Scenic Rivers System; H.R. Hazardous Materials, to mark up the following bills: 1969, Arizona National Forest Improvement Act of 1990; H.R. 1954, Rental Fairness Act of 1999; H.R. 887, to and H.R. 3089, to provide for a comprehensive scientific amend the Securities and Exchange Act of 1934 to re- review of the current conservation status of the northern quire improved disclosure of corporate charitable con- spotted owl as a result of implementation of the Presi- tributions; and H.R. 1089, Mutual Fund Tax Awareness dent’s Northwest Forest Plan, which is a national strategy Act of 1999, 10 a.m., 2123 Rayburn. for the recovery of the species on public forest lands, 2 Committee on Government Reform, Subcommittee on Gov- p.m., 1334 Longworth. ernment Management, Information, and Technology, to Committee on Rules, to consider the following: conference mark up H.R. 2376, to require agencies to establish ex- report to accompany S. 900, Financial Services Mod- pedited review procedures for granting a waiver to a State ernization Act of 1999; and H.R. 2389, County Schools under a grant program administered by the agency if an- Funding Revitalization Act of 1999, 1 p.m., H–313 Cap- other State has already been granted a similar waiver by itol. the agency under such program, time to be announced, Committee on Small Business, Subcommittee on Em- 2154 Rayburn. powerment, hearing on H.R. 2373, Start-Up Success Ac- Committee on the Judiciary, to continue mark up of H.R. counts Act of 1999, 10 a.m., 2360 Rayburn. 2366, Small Business Liability Reform Act of 1999, and to mark up H.R. 1869, Stalking Prevention and Victim Joint Meetings Protection Act of 1999, 9:30 a.m., 2141 Rayburn. Joint Meetings: Senate Committee on the Judiciary, Sub- Committee on Resources, Subcommittee on Forests and committee on Administrative Oversight and the Courts, Forest Health, to mark up the following bills: H.R. to hold joint oversight hearings with the House Com- 1680, to provide for the conveyance of Forest Service mittee on the Judiciary’s Subcommittee on Commercial property in Kern County, California, in exchange for and Administrative Law on bankruptcy judgeship needs, county lands suitable for inclusion in Sequoia National 2 p.m., 2141 Rayburn Building. November 1, 1999 CONGRESSIONAL RECORD—DAILY DIGEST D1233

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through October 31, 1999 January 6 through October 31, 1999

Senate House Total Civilian nominations totaling 394, disposed of as follows: Days in session ...... 149 122 . . Confirmed ...... 155 Time in session ...... 1,076 hrs., 59′ 1,016 hrs., 36′ . . Unconfirmed ...... 222 Congressional Record: Withdrawn ...... 8 Pages of proceedings ...... 13,583 11,145 . . Returned to White House ...... 9 Extensions of Remarks ...... 2,213 . . Public bills enacted into law ...... 28 57 85 Private bills enacted into law ...... 2 . . 2 Other civilian nominations, totaling 1920, disposed of as follows: Bills in conference ...... 26 10 . . Confirmed ...... 1499 Measures passed, total ...... 359 529 888 Unconfirmed ...... 420 Senate bills ...... 103 36 . . Returned to White House ...... 1 House bills ...... 77 243 . . Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 8 12 . . Air Force nominations, totaling 6,222, disposed of as follows: Senate concurrent resolutions ...... 17 6 . . Confirmed ...... 5,708 House concurrent resolutions ...... 24 53 . . Unconfirmed ...... 514 Simple resolutions ...... 128 179 . . Measures reported, total ...... *291 *393 684 Senate bills ...... 212 9 . . Army nominations, totaling 5,226, disposed of as follows: House bills ...... 27 246 . . Confirmed ...... 5,194 Senate joint resolutions ...... 4 . . . . Unconfirmed ...... 32 House joint resolutions ...... 1 9 . . Senate concurrent resolutions ...... 4 . . . . House concurrent resolutions ...... 1 12 . . Navy nominations, totaling 6,576, disposed of as follows: Simple resolutions ...... 42 117 . . Confirmed ...... 6,558 Special reports ...... 18 11 . . Unconfirmed ...... 18 Conference reports ...... 20 . . Measures pending on calendar ...... 181 60 . . Measures introduced, total ...... 2,138 3,820 5,958 Marine Corps nominations, totaling 2,126, disposed of as follows: Bills ...... 1,833 3,184 . . Confirmed ...... 2,126 Joint resolutions ...... 36 73 . . Concurrent resolutions ...... 64 216 . . Simple resolutions ...... 205 347 . . Summary Quorum calls ...... 7 2 . . Yea-and-nay votes ...... 342 277 . . Total Nominations received this Session ...... 22,464 Recorded votes ...... 270 . . Total Confirmed ...... 21,240 Bills vetoed ...... 4 . . Total Unconfirmed ...... 1,206 Vetoes overridden ...... Total Withdrawn ...... 8 Total Returned to White House ...... 10 D1234 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1999

Next Meeting of the SENATE (2) H. Res. 59, Endorsing United States continued 9:30 a.m., Tuesday, November 2 commitment to the NATO; (3) H.R. 2105, Drug Kingpins Bankruptcy Act; (4) H.R. 2513, Acquisition of a Building in Terre Senate Chamber Haute, Indiana; Program for Tuesday: Senate will resume consideration (5) H.R. 3137, Providing training for a President- of the conference report on H.R. 3064, District of Co- elect’s nominees to key positions; lumbia/Labor/HHS/Education Appropriations, with a vote (6) H. Res. 324, Support of National Civility Week; on adoption of the conference report to occur at 10 a.m. (7) H.R. 170, Honesty in Sweepstakes Act of 1999 Also, Senate will vote on the motion to close further de- (8) S. 468, Federal Financial Assistance Management bate on Amendment No. 2325 to H.R. 434, African Improvement Act Growth and Opportunity Act, and vote on the motion to (9) H. Con. Res. 193, Support for Activities to Increase close further debate on the bill. Participation in the Decennial Census; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (10) H.J. Res. 46, Conferring Honorary Veteran Status respective party conferences.) on Zachary Fisher; (11) H.R. 1801, Antitrust Technical Corrections Act ; (12) H.R. 441, Nursing Relief for Disadvantaged Areas Next Meeting of the HOUSE OF REPRESENTATIVES Act ; and 9 a.m., Tuesday, November 2 (13) H. Con. Res. 199, Support for Prayers and Invoca- tions at Public School Sporting Events; and (14) H. Res. 349, Sense of Congress Concerning the House Chamber Hurricane Floyd Disaster. Program for Tuesday: Consideration of 13 Suspensions: Go to conference on H.R. 2990, Quality Care for the (1) H. Con. Res. 213, Promotion of Financial Literacy Uninsured Act (rule providing that the House disagrees Training; to the Senate amendment and agrees to a conference)

Extension of Remarks, as inserted in this issue

HOUSE Hall, Tony P., Ohio, E2232 Pomeroy, Earl, N.D., E2227 Jackson, Jesse L., Jr., Ill., E2228 Radanovich, George, Calif., E2229, E2231 Barcia, James A., Mich., E2236 Kucinich, Dennis J., Ohio, E2228 Rangel, Charles B., N.Y., E2233 Clyburn, James E., S.C., E2228, E2231 Kuykendall, Steven T., Calif., E2232 Rivers, Lynn N., Mich., E2236 Rush, Bobby L., Ill., E2229 Cramer, Robert E. (Bud), Jr., Ala., E2230 Lantos, Tom, Calif., E2234 Taylor, Charles H., N.C., E2233 Cunningham, Randy ‘‘Duke’’, Calif., E2233 Leach, James A., Iowa, E2237 Towns, Edolphus, N.Y., E2228, E2231 DeLauro, Rosa L., Conn., E2235 McGovern, James P., Mass., E2227, E2231 Walsh, James T., N.Y., E2236 Ford, Harold E., Jr., Tenn., E2235 Matsui, Robert T., Calif., E2227, E2230 Waxman, Henry A., Calif., E2229 Gilman, Benjamin A., N.Y., E2229 Mink, Patsy T., Hawaii, E2233 Green, Gene, Tex., E2234 Pelosi, Nancy, Calif., E2230

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $165.00 for six months, $325.00 per year, or purchased for $2.75 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.