30546 CONGRESSIONAL RECORD—SENATE November 18, 1999 SENATE—Thursday, November 18, 1999

The Senate met at 11 a.m. and was The Senate may also consider any leg- completing the bankruptcy bill and not called to order by the President pro islative or executive items cleared for completing it this year. The only two tempore [Mr. THURMOND]. action during today’s session. amendments of the seven that I under- f I thank my colleagues for their at- stand are causing any controversy are tention. the ones dealing with gun manufactur- PRAYER Mr. REID addressed the Chair. ers and clinic violence. The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The as- On the gun manufacturing amend- Ogilvie, offered the following prayer: sistant minority leader. ment, the proponents have agreed to a Almighty God, the only source of f 70-minute time agreement, and on the lasting authentic courage, we thank amendment relating to clinic violence, You that You use ordinary people to do BANKRUPTCY REFORM the proponent has agreed to 30 min- extraordinary things. This morning, we Mr. REID. Mr. President, I appreciate utes. So there is really not much left turn to the psalmist and to Jesus for the Senator outlining for us what the to complete this bill. I hope that dur- the bracing truth about courage to see intent is for the day. I hope that part ing the day there can be discussions things through, not just to the end of of what we are going to do is to work ongoing to complete this bill. We the Senate session but to the accom- on completing the bankruptcy bill. I would be willing at any time the ma- plishment of Your ends. David reminds say to my friends in the majority that jority wants to lock in these amend- us: ‘‘Be of good courage, and He shall we only have a few amendments re- ments; we would be willing to come strengthen your heart, all you who maining. I have spoken to Senator back and I would propound this unani- hope in the Lord’’—Psalm 31:24. And LEAHY and his staff, and I am ready to mous consent request, or we could have Jesus challenges us to take courage offer a unanimous-consent request. I the majority do so, so that this bill (John 16:33). We know that we can take will not ask that the Senator accept could be completed in a reasonably courage to press on because You have this, recognizing that he must speak short period of time. taken hold of us. You have called us to with the manager of the bill, Senator f serve You because You have chosen to GRASSLEY. But what I would like to do get Your work done through us. So is ask unanimous consent that the fol- RESERVATION OF LEADER TIME bless the Senators as they confront the lowing amendments numbered 2517, The PRESIDING OFFICER. Under issues of the budget, consider creative 2537, 2538, 2539, 2658, 2666, 2667, 2747, 2748, the previous order, leadership time is compromises, and seek to bring this 2753, 2759, 2761, 2763, and 2670, and any reserved. Senate session to a conclusion. In this amendment agreed upon by the two f quiet moment, may they take courage managers be the only amendments— MORNING BUSINESS and press on. Through our Lord and those I have just read and those agreed Savior. Amen. to by the two managers—in order to S. The PRESIDING OFFICER. Under the previous order, there will now be a f 625, the bill to amend title 11, United States Code, and for other purposes, period for the transaction of morning PLEDGE OF ALLEGIANCE and that following the disposition of business not to extend beyond the hour The Honorable JAMES INHOFE, a all the above-described amendments, of 12 noon, with Senators permitted to Senator from the State of Oklahoma, the bill be immediately advanced to speak therein up to 5 minutes. led the Pledge of Allegiance as follows: third reading; that the Senate then Under the previous order, the time until 11:30 shall be under the control of I pledge allegiance to the Flag of the proceed to the House companion bill, United States of America, and to the Repub- H.R. 833; that all after the enacting the Senator from Ohio, Mr. VOINOVICH, lic for which it stands, one nation under God, clause be stricken, the text of the Sen- or his designee. indivisible, with liberty and justice for all. ate bill, as amended, be inserted; that f f the bill be advanced to third reading; ORDER OF PROCEDURE that a vote occur on passage of the bill RECOGNITION OF THE ACTING Mr. NICKLES. Mr. President, my col- without any intervening action, mo- MAJORITY LEADER league from Nevada spent several min- tion or debate; that the Senate insist The PRESIDING OFFICER (Mr. utes outlining a unanimous consent. It on its amendments, request a con- was on the time of the Senator from INHOFE) The Senator from Ohio. ference with the House, and the Senate Ohio. I wonder if we might accommo- f bill be placed back on the calendar. date that. Mr. President, that is the unani- SCHEDULE Mr. REID. Absolutely. mous-consent request that I spread Mr. NICKLES. Mr. President, I ask Mr. VOINOVICH. Mr. President, across the RECORD of the Senate, recog- unanimous consent that the Senator today the Senate will be in a period of nizing that at this time there will not from Ohio have charge of the time morning business until 12 noon, with be an objection to it. We will make this until 11:35 and then the remainder of Senator VOINOVICH in control of the unanimous-consent request at some the time under the charge of the des- first 30 minutes and Senator DURBIN in later time. ignee of the minority leader. control of the second 30 minutes. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there For the information of all Senators, objection? objection? The Chair hears none, and it the final appropriations items were Mr. REID. I am not asking, Mr. is so ordered. filed last night and are expected to be President, that there be objection. I am The PRESIDING OFFICER. The Sen- considered in the House throughout the not asking unanimous consent at this ator from Ohio. day. Therefore, following morning busi- time. f ness, it is expected that the Senate will I say to the majority that we have begin consideration of the final appro- enumerated 14 amendments. Seven of THE STATE OF AFFAIRS IN THE priations items as they are received. them have tentatively been agreed BALKANS Members will be notified as the sched- upon or they will be withdrawn. Only Mr. VOINOVICH. Mr. President, as ule for consideration becomes clearer. seven amendments are now between the first session of the 106th Congress

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

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30547 comes to a close, I want to remind my lieved that, with the Cold War over, it could in the LBJ room here in the Capitol. colleagues that the aftermath of our leave Yugoslavia to Europe. Europe’s hour They made it very clear to me that nation’s largest foreign policy initia- had not dawned in Yugoslavia; Washington they are ready to work together. I was tive this year and a 78-day air war, will had a dog in this particular fight. pleased that they realized they have a be our nation’s biggest foreign policy The overconfidence of Europe and the symbiotic relationship—a relationship concern next year. disengagement of the United States that must be cultivated in order to As my colleagues are aware, I op- contributed greatly to the tragedy of bring about peace and implement a posed our nation’s ‘‘sign or we’ll bomb’’ Slavonia, Krijna and Bosnia- modern, free-market economy. The diplomacy that ultimately led to the Herzegovina. When we finally realized Holy Spirit was definitely present in decision to conduct the air war over it was important for the U.S. to get in- that room. There was an aura of en- Kosovo and Serbia earlier this year. In- volved, we dealt with, and thus, lightenment among those leaders, and stead, I believed that we should have legitimatized three war criminals— we must capitalize on the momentum done all that we could to negotiate a Slobodan Milosevic, Franco Tudjman of this cooperative spirit if we are to real diplomatic solution. Nevertheless, and Alija Izetbegovic—at the Dayton successfully bring the region into the at the conclusion of the conflict, I Peace Accords. broader European fold. came to the Senate floor and com- Unfortunately, the legitimitization Consider that not so many years ago, mented that ‘‘some good always blows of Milosevic caused us to continue to no one would have thought that Euro- in an ill wind.’’ have a relationship with him at a time pean political and economic coopera- The ‘‘good’’ that I saw in the ill wind when we should have been working tion, let alone union, was possible. of the bombing campaign was the op- with opposition leaders to get rid of After all, two world wars had been portunity for NATO and the United him. Then, when he showed his true fought in the trenches and on the fields States to provide the impetus for a colors, we were reluctant to be as ag- of Europe, fostering tremendous ill-will lasting peace throughout Southeastern gressive as we should have been. We among many nationalities. Europe. Since that time, my staff and misjudged him, we underestimated Today, those feelings have largely I have spent hours working hard to en- him, and now we’re paying the price for dissipated. Germans, French, Italians— sure that some good does blow in and our mistake. all share the same currency. They that we do not lose this opportunity to As a result, we have spent at least $18 cross national boundaries freely. They promote peace, stability and prosperity billion in operations in Bosnia and work cooperatively to solve economic in that region of our world. Herzegovina, Kosovo, Serbia and else- problems because it is in their collec- To ensure the future of Southeast where. We will, no doubt, spend billions tive best interest. We are seeing that in Europe, it is important to understand more. In addition, we have placed a tre- terms of competition right now. The its past. Every student of history is mendous strain on the equipment and Ambassadors I met with see this co- well aware that this century’s two personnel of our Armed Forces due to operation and wish it for their nations, most horrific wars had deep roots in our past and present involvement in but, they are also quite frustrated with the Balkans, but few people are aware peacekeeping missions in Southeast the lack of speed by the international of the level of violence, bloodshed, ha- Europe. Also, the State Department community in responding to the hu- tred and destruction that has been has paid an incredible amount of atten- manitarian and economic needs of the commonplace in the region for cen- tion to the Balkans. And finally, we region. turies. Indeed, the Balkans have been have complicated our relations with The NATO air war triggered immense the site of numerous wars and count- other nations on the international human suffering which has not yet less battles, and have been fought over scene—primarily, Russia and China. been fully remedied. Here are some by every major regional power since A November 1 article written by Eliz- facts: the days of the Roman legions. abeth Sullivan, foreign-affairs cor- The refugee exodus from Kosovo deci- Over the last 10 years, regional eth- respondent for the Cleveland Plain mated the economies of surrounding nic tensions have resulted in yet an- Dealer, indicates that the Russians nations, especially in Macedonia. Mac- other nightmare for the people of the harbor resentment and incredulity to- edonia’s reaching out to help their fel- Balkans. And for the third time this wards the United States over our as- low man was done at a great sacrifice century, Europe, reluctantly, has suming an air of moral superiority re- to their economy and the quality of life turned its attention to their southern garding their actions in Chechnya. of their people. neighbors. They see our attitude as a double In the Federal Republic of Yugo- Their concern can be attributed to standard, which affects our ability to slavia (FRY), there are still 500,000 ref- self-interest; an attempt to get South- appeal to their better instincts. She ugees from Slavonia, Krijna, and Bos- east Europe to settle down so as to writes: nia. Another 150,000 were displaced dur- avoid any possible spillover that could The Kremlin is resolutely turning a deaf ing the Kosovo bombing. bring unrest to their nations, and a ear to U.S. admonitions for restraint in In Kosovo, the international commu- genuine concern over the ethnic cleans- Chechnya. The criticisms have inflamed nity has had to deal with 700,000 refu- ing and human rights violations in the anti-U.S. feelings in Russia where it’s bit- gees who have returned after the con- region. To do this, Europe has involved terly recalled that NATO’s unpopular bomb- flict. 500,000 of these refugees are still the international community, and in ing killed hundreds of Yugoslav civilians. It officially considered ‘‘internally dis- particular, the United States, which, is the first big display of lost U.S. influence placed persons,’’ without any place to for the first time in our history, has after Kosovo. call their own. immersed itself politically and mili- It is clear that instability in South- Kosovo has turned into an armed tarily in the region. east Europe has the potential to camp where soldiers from numerous Our willingness to get involved and threaten America’s overall interests countries are forced to keep the peace lead should have come earlier. Indeed, throughout the rest of Europe. How- and prevent further bloodshed. when conflicts began in Bosnia in the ever, a full-fledged integration of The lack of an effective internal po- early 1990’s, it was reported that a key Southeast Europe into the whole Euro- lice force has led to virtual chaos, foreign policy official of the Bush Ad- pean community would remove the where organized crime and illegal drug ministration made the statement that burden and expense of maintaining a trafficking is said to be rampant and a ‘‘we have no dog in this fight.’’ History constant peacekeeping force, end years cause of great concern among its citi- records that nothing could have been of diplomatic wrangling and political zens. further from the truth. According to posturing, and more important, end the On this last point, a senior official Ambassador Richard Holbrooke in his death and destruction that has plagued from the Organization for Security and book, ‘‘To End A War’’: the region. Cooperation in Europe, OSCE, told me Europe believed it could solve Yugoslavia Recently, I met with a number of that the reason there is no effective po- without the United States; Washington be- Ambassadors from the Balkans region lice force in Kosovo is because there

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30548 CONGRESSIONAL RECORD—SENATE November 18, 1999 aren’t enough qualified or even inter- Milosevic will not be hungry this winter. The that the United States be at the table ested individuals willing to join the idea is that the pain and suffering among the to provide leadership and contribute force. The official told me that if the lowest strata of society will ‘‘trickle up’’ to our fair share. the higher echelons. Protests by dis- Without our presence, they are not crime problem in Kosovo isn’t checked, contented citizens will lead to policy it will spread to the entire region and changes and perhaps even the removal of confident that our NATO allies will into the rest of Europe. Milosevic. The problem is that humans do make good on the promises they made Indeed, this point was illustrated not behave this way. Cold, dispirited citizens at the end of the war. And, quite frank- again in the November 1 Elizabeth Sul- do not take to the streets. Rather, they draw ly, I think it is up to us to make it livan article for the Cleveland Plain up inside their own homes and try to survive. clear to our European allies that we ex- Dealer. She wrote: If the going gets tough, they try to exit, pect them to adhere to their commit- often leaving the country. Only the few with The scope of the gun, drug and prostitute ment. hope continue to fight, and even they cannot We are going to be at the table. We trade fanned by the Kosovo conflict is also persist for long when they are isolated from becoming clear. [Last week] Italian and supportive networks. are going to have leadership. We are Swiss police busted a ring that allegedly anteing up, and it is time for you to Our sanctions policy has allowed smuggled millions of dollars in Swiss weap- ante up and make good on your prom- Milosevic to blame Serbia’s faltering ons to Kosovo, and Albanian prostitutes out ises. economy, declining humanitarian situ- to Italy, using humanitarian aid as a cover. The best way I can summarize the at- ation and international isolation on The growing crime problem was defi- titude at the meeting I had with the the West. He has been able to deflect nitely a topic of concern for the Am- ambassadors, and the meeting I had the ire of the Serbian people who have bassadors I met with. I was amazed with the Serbian opposition leaders is a little access to independent media. that they considered organized crime word in Serbo-Croatian—‘‘edemo’’— and drugs their No. 1 or No. 2 concern We must pursue specific courses of action that will help us get rid of which means, ‘‘let’s get going!’’ to be addressed. Think of that, orga- On balance, I believe there has been nized crime and drugs as their No. 1 or Milosevic once and for all. No. 1, we must continue to squeeze some real progress made on a number No. 2 concern in the region. Milosevic so that his allies inside and of fronts in our policy towards South- The fact of the matter is, the bomb- outside the Serbian government will east Europe in recent months. The Sta- ing has had a terribly destabilizing ef- see that he is vulnerable and his hold bility Pact is moving ahead—albeit fect on the region, and a very real im- on power is tenuous. Milosevic is an in- slowly and indeed need of some addi- pact on the humanitarian situation dicted war criminal, and we have to tional leadership, particularly ours. and basic human existence as well, one make his allies understand that his The policy toward sanctions seems to that has not been widely reported to fate is their fate. In other words, leave be finessed a bit and real work finally the American people. The T.V. cameras now, or pay later. is being done on the ground in the re- are gone now. You know how it is: out No. 2, we should work with our allies gion to deal with humanitarian con- of sight, out of mind, and we have to announce a detailed humanitarian cerns. I am pleased the administration moved on to other issues. and economic aid package that would is starting to soften up on this a little Although it’s hard to grasp the ex- be available to the people of Serbia bit. tent of the problem, for the last several once Milosevic is removed. The impor- The administration is meeting with months, the U.S. has been working tance of this kind of package to the Serbian opposition leaders and finan- through the United Nations and the success of democratization was under- cial support is beginning to trickle into International Committee for the Red scored recently when several of us met the movement. Southeastern European Cross to deal with the needs of the re- with the leaders of the anti-Milosevic nations are beginning to think region- gion. Both the UN and the Red Cross force right here in the Capitol. ally with the understanding they have claim that they will be able to keep They talked about how important it a symbiotic relationship in their ef- people fed, clothed and sheltered was we have a clear, defined package forts to promote and develop their through the upcoming winter. Yet, I that says, if he goes, here is what we economies. That is wonderful. have received a number of credible re- are willing to do. Although in many respects, things ports in recent weeks which indicate No. 3, we should provide as much as- are much better off today than they that in fact we will witness a humani- sistance as we can, including such were after the war, the momentum has tarian catastrophe in the region in the things as heating oil, food, clothing to be increased significantly, and that months ahead because of a lack of shel- and direct financial assistance, as soon is the challenge of this Congress and ter, heat, food and medical care. as possible to the Serbian opposition this administration. I am aware that there are individuals groups, particularly the mayors, who The administration, working through in the foreign policy community who are struggling to bring about demo- the State Department, bears the re- are opposed to providing significant as- cratic change. sponsibility of bringing about real sistance to the people of Serbia. They No. 4, we should continue to support change in Serbia and honoring the believe that humanitarian suffering President Djukanovic of Montenegro commitments the United States has will lead to political discontent which with whom I met two weeks ago. He is made to friendly governments in will, in turn, lead to a popular move- a bright and energetic leader and a key Southeast Europe. Congress has an ob- ment that will bring about the removal ally for peace and prosperity in South- ligation to provide oversight and sup- of Slobodan Milosevic. I disagree. east Europe. port to the administration’s policies With the exception of South Africa, No. 5, we must undertake a massive towards the restoration of peace and crippling sanctions have not success- effort to overrun Milosevic’s monopoly stability in the region. fully brought about a change in polit- control on Serbia’s mass media. To that end, I look forward to work- ical leadership. Just look at Saddam Milosevic’s distorted information must ing with my colleagues in the next ses- Hussein in Iraq. We don’t know what is be countered with the truth; a com- sion of Congress to loosen some of the going on there anymore. modity we must get to the Serb people restrictive language that was placed in To emphasize this point, Professor whatever way possible. the Foreign Operations appropriations Julie Mertus of the Ohio Northern Uni- As I mentioned earlier, I held a meet- bill, language that the State Depart- versity wrote an excellent piece which ing recently with a number of ambas- ment claims has made it difficult, and was recently published in the Wash- sadors and senior embassy staff from continues to make it difficult, for them ington Post. Professor Mertus special- the nations of Southeast Europe to get to do the kinds of things they would izes in international law. Here is what their reaction to the Stability Pact ini- like to be doing in Southeast Europe. she has to say: tiative. And they were honest; they The Senate has already made a posi- How does a freezing and hungry Yugoslavia said things were not going well. They tive start with the recent unanimous advance U.S. policy goals? Certainly were very clear that it was essential passage of the Serbia Democratization

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30549 Act. I believe we need to build on that and that is the issue of the range that When you steam off to battle you’re either progress. has been used for 58 years on the island ready or you’re not. If you’re not, that Southeast Europe is strategic to our of Vieques located 6 miles off the means casualties. That means more POWs. national interests and key to our ef- shores of Puerto Rico. That means less precision and longer cam- I am concerned about this because we paigns. You pay a price for all this in war, forts to maintain peace in the world. and that price is blood. Until the nations of Southeast Europe started using this range 58 years ago. are welcomed into the broader Euro- We have become dependent upon it be- We are talking about American pean community, those efforts will re- cause it is the only range we can use blood. I am very proud of all the mili- main unfulfilled. The United States that offers an integrated three-level tary, uniformed and others. This is the must provide the leadership because we type of training—first, high-altitude first time in the years I have served in do ‘‘have a dog in this fight.’’ bombing; second, the type of protection the Senate that they have been willing I thank the Chair. I yield the floor that comes from the ships to the shore to stand up for something they know is and suggest the absence of a quorum. using live fire; and third, the Marine right, not knowing for sure where the The PRESIDING OFFICER. The expeditionary amphibious movements. President is going to be on this issue. clerk will call the roll. All three of those can be done simulta- The President has imposed a morato- The bill clerk proceeded to call the neously and have been done success- rium on training on the island of roll. fully over the last 58 years. Vieques. We are going to try our best Mr. INHOFE. Mr. President, I ask The problem we have with this range to encourage him, for the lives of unanimous consent that the order for is that there is no place else in the Americans, to allow us to use it to the quorum call be rescinded. Western Hemisphere that we can actu- train those people who are on the The PRESIDING OFFICER (Mr. ally give the training to our troops. U.S.S. Eisenhower, ready to be de- ployed. VOINOVICH). Without objection, it is so Right, now we have deployed into the ordered. Persian Gulf the U.S.S. Kennedy. Be- Richard Danzig, the Secretary of the cause this President put a moratorium Navy, said: f on training in Vieques, only half of Only by providing this preparation can we MILITARY STATE OF READINESS those deployed on the U.S.S. Kennedy fairly ask our service members to put their Mr. INHOFE. Mr. President, I was have ever had the necessary training lives at risk. presiding when the distinguished Sen- should they have to become involved in In a joint statement between the ator from Ohio was talking about the combat. Chairman of the Joint Chiefs of Staff, problems the U.N. faces in Kosovo. I We have scheduled for the 18th of the Chief of Naval Operations, and the share all of the concerns the Senator February the deployment of the U.S.S. Commandant of the Marine Corps, they from Ohio expressed. In addition to Eisenhower Battle Group. If this battle said: Vieques provides integrated live- that, since I am the chairman of the group goes through the Mediterranean fire training ‘‘critical to our readi- Senate Armed Services Readiness Sub- and goes to the Persian Gulf, the ness,’’ and the failure to provide for committee, I have another concern, chances are better than 50–50 they will adequate live-fire training for our and that is the deployment of troops in see combat. If we do not allow them to naval forces before deployment will 1995 into Bosnia, then again to Kosovo, have the training on the island of place those forces at unacceptably high Vieques prior to their deployment, and the way they are being deployed risk during deployment. they will have to go into combat very today has put us in an apparent condi- This is military language to mean likely without ever having any live tion in terms of our state of readiness. casualties, those who can be killed in ordnance training. This goes for the pi- It is very unfortunate that during action. lots flying the F–18s and the F–14s that this administration we have had a cut I am proud of Admiral Johnson, the will be deployed off the U.S.S. Eisen- in our force strength by approximately Chief of Naval Operations, and General hower. Jones, the Commandant of the Marine 50 percent, only to find out just last I was there 3 weeks ago and watched Corps, when they say: Without the week that two of our Army divisions them during their training, but they ability to train on Vieques, the U.S.S. are now rated at C–4. That means they were unable to use live ordnances and Eisenhower Battle Group and the 24th are not capable of combat today. Those use that range. It goes for the 24th Ma- Marine Expeditionary Unit scheduled two divisions are the 10th Army Divi- rine Expeditionary Unit and the others for deployment in February 2000 would sion, of which most are located in Bos- who would be deployed at the same not be ready for such deployment nia, and the 1st Infantry Division lo- time. cated in Kosovo. I would like to quote, if I could, Gen. ‘‘without greatly increasing the risk to This means that if something should Wes Clark. Of course, he is one for those men and women who we ask to happen, we are not in a ready condition whom we all have a great deal of re- go in harm’s way.’’ to defend America, where we do have spect. We watched the way he worked Lastly, Admiral Murphy, the Com- national security interests which, in commanding the European forces and mander of the Sixth Fleet of the Navy, my opinion, we do not have and never the NATO forces. He said: said: The loss of training on Vieques had in either Bosnia or Kosovo. I stood The live fire training that our forces were would ‘‘cost American lives.’’ side by side with the Senator from exposed to at training ranges such as It is a very serious thing. I some- Ohio in trying to keep us from making Vieques helped ensure that the forces as- times listen to the complaints we hear that deployment. We were not success- signed to this theater— from some of the Puerto Ricans, but ful. I do believe we should be looking We are talking about Kosovo, those mostly from the people of the island of very soon at any way we can bring our 78, 79 days— Vieques, who say: Wait a minute. How troops back to a state of readiness, to were ready-on-arrival and prepared to would you like to have bombs dropped do what we are supposed to be doing, fight, win and survive. and live ordnances fired where you are? the No. 1 function of Government, and What General Clark is saying is, we You can’t do anything about that. that is to defend America. were successful. Even though we should They actually have a 10-mile buffer f not have been in Kosovo to start with, range between the bombing range and once we made that decision, we were where people live. VIEQUES successful in dropping our cruise mis- I happen to represent the State of Mr. INHOFE. Mr. President, I have siles in there and our bombs because of Oklahoma. We have a very fine organi- been a little disturbed not knowing the the training those pilots had on the is- zation there called Fort Sill, where we certainty of the schedule and how long land of Vieques. do all our artillery training. I have said we will have to get some things done at Capt. James Stark, Jr., the com- on the floor here several times before the last minute. I want to bring up one manding officer of the Roosevelt Roads that, while on Vieques they have a 10- issue that has to be discussed briefly, Naval Station, said: mile buffer zone, we have only a 1-mile

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30550 CONGRESSIONAL RECORD—SENATE November 18, 1999 buffer zone in the State of Oklahoma are maintained and flown to protect portant, to make sure passengers between a population of 100,000 people those who are passengers. These inves- across the world can at least have some living in Lawton and the live-fire tigations are critically important. We piece of mind knowing we have done range. often come up with information about everything we can to make airline So let me just wind up and conclude a mechanical failure. We then set out safety our top and highest priority. by saying that many of us, including to repair it. We decide that planes f Senator WARNER, the chairman of our won’t go back up in the air until that CLOSING DAYS OF THE SESSION Armed Services Committee, are asking is taken care of. If there is human the President and pleading with him to error—that will happen in most acci- Mr. DURBIN. In the closing days of work out some type of arrangement to, dents—we at least get to the bottom of this session—it is interesting—we have at the very least during this interim the equation and understand what is spent almost a year debating 13 appro- while we are in recess, provide for going on. priations bills. Now we are trying to training on the island of Vieques be- The thing I find absolutely incred- bring them to a close. We have some cause if that does not happen, we will ible, in 1999, is that we are dealing with six or seven bills that will finally be lose American lives. such primitive tools when it comes to lumped together in a huge package I yield the floor and suggest the ab- investigating aircraft disasters. The which literally no single Member of the sence of a quorum. idea of an audio recording in a cockpit Senate will ever read. The PRESIDING OFFICER. The goes back to the 1930s. That was the It will come to the floor. And then clerk will call the roll. state of the art then. But today, tech- weeks afterwards, when people pore The bill clerk proceeded to call the nology is far more advanced and I through the details, they will call us in roll. would suggest that we need to update our offices and say: Did you know there Mr. DURBIN. Mr. President, I ask plane safety by putting a video camera was a paragraph in this bill which has unanimous consent that the order for in the new planes’ cockpits so we can an impact on some people or some busi- the quorum call be rescinded. determine what is happening in a nesses? In all honesty, we don’t. We The PRESIDING OFFICER (Mr. crash. rely on our leadership and other appro- priators. Frankly, we rely on a system INHOFE). Without objection, it is so or- The obvious is not being used. If you dered. walk into a bank, if you walk into that is flawed, a system that allows Mr. DURBIN. Would the Chair be most office buildings, a casino, a con- this to happen too often. It is an unfor- kind enough to tell me what the order venience store, or stand in front of an tunate system and, frankly, reflects of business is? ATM machine, you will be on a video the fact that this Congress has been The PRESIDING OFFICER. We are in camera which will reflect your conduct very unproductive. When Members of the Senate return morning business until the hour of 12 and your activities. Think what a dif- to their homes and are asked by aver- o’clock and under the minority’s time. ference it would make today if there age families in their States, what did Mr. DURBIN. I understand that my had been a video camera in the cockpit you accomplish to make life better for ENNEDY from Mas- of the EgyptAir aircraft. colleague, Senator K the families of America, we will be The obvious question is, Why haven’t sachusetts, will be joining me on the hard pressed to point to any significant we done this? The technology is there. floor shortly. I will certainly yield at thing we have done. that point. It is a question of will. It may be a If we pay attention to the polling f question of legislation. That is why I data of what Americans are worried have written not only to the head of about and what families are concerned VIDEO CAMERAS IN THE COCKPITS the Federal Aviation Administration OF AIRCRAFT about, we have missed the boat en- as well as the Department of Transpor- tirely. We have missed it entirely, Mr. DURBIN. Mr. President, I would tation and the National Transportation when it comes to the question of the like to address several topics that I Safety Board, urging them to expedite relationship between American fami- think may be of interest to those who this question about whether or not we lies and their health insurance compa- are following the debate in the Senate. can safely install a video camera in the nies. Time and time again, when asked, One in particular has become a focal cockpit of aircraft to make certain these families respond that they are point of the news media across the that if there is an accident, so that we concerned about the fact doctors are no United States and literally around the have another tool available to deter- longer making decisions, nurses are no world. That was the crash of the mine the reason for the disaster. We longer making decisions. Decisions are EgyptAir aircraft just a few weeks ago wouldn’t be involved in all this specu- being made by insurance companies and the loss of over 200 lives. lation with the people of Egypt about and their clerks. I find it interesting, as we try to the utterance of a prayer and whether We are down to the wire. Most of the piece together all the information to that meant this was a suicide mission major issues that are on the minds of determine what happened in that air- or something far different if we had a the American public are being buried craft disaster, how limited we are with videotape we could refer to. We could in this session of the Congress. Most of respect to investigative tools. We have find out who was at the controls and the bills, such as the Patients’ Bill of the so-called black box which has the what they did at those controls. We Rights, that could have helped working flight data information. We are poring would have an obvious clear answer to families are being stifled and gutted. through that to try to determine what the question. The Senate passed a bill several was happening mechanically on that As I went through this, I was amazed. months ago which was an embarrass- plane when it went down. Then we have I stopped and thought for a moment, ment. It was, in fact, a protection bill the audio recording which is now the why in the world are we still stuck for the insurance companies. It didn’t focus of all sorts of international spec- with a tape recording of voices and protect patients. It protected the CEOs ulation. We listen to that audio record- sounds in the investigation of this air- of companies that are making literally ing for sounds, for words, and then try craft disaster? I am urging my col- millions of dollars off health care in to piece together this mystery to de- leagues, those who feel as I do, to join America. termine what happened in the cockpit me in this effort to make certain we Over the steadfast opposition of the of that plane which led to this loss of bring the very best technology to the Republican leadership, the House of life. cockpits of aircraft, not only in the Representatives took a different This is more than just to satisfy curi- United States but those who serve the course. They overwhelmingly approved, osity. This investigation is being un- United States, so the day may come 275–151, a bipartisan bill with strong dertaken, as most are, to determine that if there is a disaster, we will have protections for all privately insured whether there is something we can or a final and complete answer, not just Americans. What a contrast. The Sen- should do to change the way aircraft to satisfy curiosity but, even more im- ate came up with an insurance version

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30551 of the bill; the House came up with a covered by the Senate bill; Motorola’s we promised our disabled fellow citi- version for American families. employees would have been covered. zens a new and better life in which dis- Well, keep hope alive. Can there be a John Deere’s would be covered. But ability would no longer put an end to conference? Can we come together? Can America’s small business employees the American dream. Too often, for too we finally come up with a bill to pro- would be left behind by the Senate Re- many Americans, that promise has tect American families? No. The honest publican bill. A farmer in Macoupin been unfulfilled. The Ticket To Work answer is the Republican leadership in County, IL, who pays for his own fam- and Work Incentives Improvement Act the House and the Senate refuse to ily’s insurance, and pays a lot for it, is basically the legislation that Sen- convene the conference to come up wouldn’t be safe from insurance abuses. ator JEFFORDS of Vermont and I, Sen- with the bill and the House leadership Public school teachers, policemen, ator ROTH, and Senator MOYNIHAN has rigged the naming of conferees so women, firemen, and so many others urged the Senate to accept and had that their conferees are all members would be out of luck. been accepted by the Senate by a 99–0 who opposed the House passed bill. So I will return to this in a moment. I vote. Now the title is the Ticket To we leave and close this session at the will speak to another issue, which I be- Work and Work Incentives Improve- end of 1999 no better than when we lieve the Senator from Massachusetts ment Act, and it will dramatically started. We have nothing to say to the is going to address. That is the perilous strengthen the fulfillment of that families across America when they ask situation we find ourselves in in the promise. whether we have taken any steps to closing hours of the session when it We know that millions of disabled protect them when it comes to their re- comes to the critical question of fair- men and women in this country want lationship with these insurance compa- ness in organ allocation. to work and are able to work. But they nies. We have a situation across America are denied the opportunity, primarily I am glad 68 Republicans in the where over 4,800 Americans die every because they lack the continued access House of Representatives broke from year waiting for an organ transplant. to needed health care. As a result, the their leadership and voted with the There are people in your State and Nation is denied their talents and con- Democrats for a real Patients’ Bill of mine sitting by the telephone hoping tributions to our community. Rights. The bill the Senate passed on for the call that tells them they have a Eliminating the health care barriers July 15 did absolutely nothing when it chance to live. It is hard to believe this to work will help large numbers of dis- came to protecting Americans and has become a political issue. In fact, it abled Americans to achieve self-suffi- dealing with their concerns about has. An effort by the Department of ciency and enable them to become health insurance. Health and Human Services to make equal partners in the American dream. Let us take a look at some of the dif- organs available across America to The Ticket To Work and Work Incen- ferences between the two bills intro- those in need is being stopped by an or- tives Improvement Act removes these duced in the House and the Senate. ganization and a special interest group unfair barriers to work that face so This chart shows the Senate Repub- that really has put profit ahead of many Americans with disabilities. It lican bill and the bipartisan bill passed human well-being. I hope we can ad- makes health insurance available and by Republicans and Democrats in the dress this and address it forcefully. Let affordable when a disabled person goes House of Representatives. It goes it be known on a bipartisan basis that to work, or develops a significant dis- through a long litany of things Amer- we want to take the politics and the ability while working; it gives people special interests out of organ alloca- ican families tell us they want to see in greater access to the services they need tion, that our dedication is to the men their health insurance policies: pro- to become successfully employed; it and women and children sitting by tecting all patients, whether they are phases out the loss of cash benefits as those telephones waiting for word of employed in a small or large business income rises, instead of the unfair sud- the availability of an organ. or bought their own insurance; the den cutoff that workers with disabil- At this point, I yield the floor to my ability to hold plans accountable if ities face today; it places work incen- colleague from Massachusetts, Senator they make the wrong decision about tives in communities, rather than bu- KENNEDY. medical care; the definition of medical The PRESIDING OFFICER. The Sen- reaucracies, to help workers with dis- necessity; access to specialists; access ator from Massachusetts is recognized. abilities to learn how to obtain the em- to out-of-network providers—the list Mr. KENNEDY. How much time re- ployment services and support they goes on and on—can a woman keep her mains? need. OB/GYN as her primary care physician The PRESIDING OFFICER. Under For far too long, disabled Americans if that is the person with whom she is the previous order, 9 minutes remain have been left out and left behind. It is comfortable. until the hour of 12. time for us to take the long overdue Some plans say no. Many women action needed to correct the injustices f across America think that is a decision that have unfairly been placed upon that should be made by them and their TICKET TO WORK AND WORK those with disabilities. We should not doctors. That is in this bill. And as we INCENTIVES IMPROVEMENT ACT have this legislation brought down by a go through all of these, we find the bi- Mr. KENNEDY. Mr. President, today, controversial provision that does not partisan bill that passed the House of the House of Representatives will take belong in this bill—a provision that is Representatives basically provides all up one of the most important bills to effectively what they call around here these protections. come before this Congress, now labeled a ‘‘poison pill.’’ A provision that en- Look at the scant protections pro- the Ticket To Work and Work Incen- dangers the legislation. vided by the Senate Republican bill. tives Improvement Act, which is in- I want to say that for a time it You can see why many people across tended to move us closer to opening looked as if we were going to see a suc- America think we have failed in our the workplace doors for the disabled in cessful achievement for this legisla- most important mission. The bill communities across the country. tion, and I want to commend my col- passed by the Senate excluded more It is a sad day when the U.S. Con- league and friend, the Senator from than 100 million Americans from basic gress finds it necessary to attach a Vermont, Mr. JEFFORDS, for his strong protections of health insurance reform. controversial provision to the legisla- leadership, as chairman of our Human Most of the provisions applied only to tion that could jeopardize the oppor- Resource Committee. He has worked the 48 million Americans in big em- tunity for large numbers of people with long and hard for this legislation. If we ployer-sponsored plans. It failed to pro- disabilities to fulfill their hopes and are able to achieve it, his role in sup- vide basic protection to millions of dreams of living independent and pro- port of it and also in its development is others. ductive lives. enormously important. In my State, Caterpillar Tractor A decade ago, when Congress enacted On the unacceptable amendment that Company’s workers would have been the Americans With Disabilities Act, I had mentioned, it is the amendment

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30552 CONGRESSIONAL RECORD—SENATE November 18, 1999 which would effectively undermine the Mr. President, I will take only a mo- tribute to the Nation in a more signifi- proposal of the Secretary of HHS on ment or two more—because the time is cant way. Final Rule for organ transplantation. moving on—to refer to the Institute of I certainly hope we can work through There is an excellent editorial in the Medicine report, which really is the au- this process because the legislation, Washington Post, dated 11–17–99. It thoritative report on this whole issue. which as I mentioned, has been com- puts this issue in perspective. It says: I will mention relevant parts of the in- pleted and supported in a bipartisan Congress has not quite given up the year- stitute report, and focus on the conclu- way, is a lifeline to millions of Ameri- long attempt to block rules that would make sion that the Institute of Medicine had cans and deserves passage. the Nation’s organ transplant network more on the whole question of developing I see my friend and colleague, Sen- equitable. House leaders are maneuvering to rules on fairness for organ transplan- ator JEFFORDS, who has been instru- undo a deal reached by conferees allowing the rules to go into effect, even threatening tation—the question of how to best ad- mental in having this legislation ad- to block an unrelated authorization for re- dress the moral issues and the ability vanced. I am glad to see him on the search and training at children’s hospitals if of people to be able to be treated fairly floor at this time. I hope he will ad- the organ rules are not further delayed. under a system of organ distribution. dress the Senate on this issue. The Institute of Medicine’s analysis This was written at a time when they f were threatening to hold up the help shows that patients who have a less ur- and assistance that pediatric hospitals gent need for a transplant sometimes CONCLUSION OF MORNING need to train pediatricians, to make receive transplants before more se- BUSINESS sure that pediatric hospitals were verely ill patients who are served by The PRESIDING OFFICER. Morning going to be treated fairly and equi- different OPOs. There is no credible business is closed. tably, as other teaching hospitals. evidence that implementing the HHS’s The Senator from Vermont. There is broad and wide bipartisan recommendation would result in clo- support for the proposal to support sure of smaller transplant centers. f teaching in pediatric hospitals. But Mr. President, that fear about the EXTENSION OF MORNING that was going to be the messenger, fate of small centers is the heart of the BUSINESS and the poison pill was going to be the argument of those that have put on Mr. JEFFORDS. Mr. President, I ask language which, as I understand, would this rider. A rider that has no business unanimous consent that morning busi- be a part of the legislation that we will being put on this legislation. see later on in the day. The Institute of Medicine analysis ness be extended until 1 p.m. with the Let me continue with the Post edi- further found that there is no reason to time equally divided in the usual form. torial: conclude that minority and low-income The PRESIDING OFFICER. Without The rules issuance last year touched off fu- patients would be less likely to obtain objection, it is so ordered. rious counter-lobbying by the supporters of organ transplants as a result. Like- f the small local transplant centers who feared wise, data does not support the asser- TICKET TO WORK AND WORK that a new system based more on finding the tion that potential donors and their patients with the most urgent need, and less INCENTIVES IMPROVEMENT ACT families would decline to make dona- on keeping organs near home, would force Mr. JEFFORDS. Mr. President, I small centers to close. Never mind if it also tions because an organ might be used would save lives. Currently, when an organ outside the donor’s immediate geo- thank the Senator from Massachusetts. becomes available, it is offered locally first graphical area. I would be happy if he desires to more and then regionally. That leads to situations The Institute of Medicine rec- fully discuss what we have done. I was in which people languish on long waiting ommended that HHS—and this is on not here to hear his full speech. I lists in some places, while the wait in other page 12 of the report—should exercise thank him. We have worked together. regions is much shorter. The wealthy can get the legitimate oversight responsibil- He was here years before I came to the on multiple waiting lists and fly to wherever Senate. In 1975, we had the initial big a liver or kidney becomes available. Since ities assigned to it by the National some 4,000 people a year die while waiting for Organ Transplant Act, and articulated step forward for the disabled and were an organ, you would think a proposal to in the Final Rule, to manage the sys- able to set up the 94142, as it was called purge the distribution system of some of its tem of organ procurement and trans- then, to make sure all children got a inefficiencies would have been welcome. In- plantation in the public interest. good education, and specially those stead, local transplant centers turn to Con- Federal oversight is needed to ensure with disabilities. gress, which twice attached riders to appro- that high standards of equity and qual- As we have walked through this over priations bills delaying the regulations’ ef- ity are met. Those high standards of a period of many years, we have fought fective date. They also turned to State gov- equity and quality were included in the year by year to remove block by block ernments, many of which passed laws that bar and prevent organs from being trans- Secretary’s excellent recommendation. what the disabled community has had ferred out of State. Finally, conferees By tampering with those, we are under- to face. Finally, we are at that point reached a compromise that would delay the mining enormously powerful and im- where we are opening the final door to rules 6 more weeks, then let them go into ef- portant health policy issues. And this allow them to do what all disabled fect. extremely controversial rider is added want to do, and that is to have a mean- Mr. President, that agreement was onto underlying legislation which is so ingful life, to be able to seek employ- broken with the language that has important to millions of disabled indi- ment, and get employment without been included on the disability legisla- viduals in our country. Individuals who having the doors slammed because they tion. By breaking that agreement, the thought—when this legislation moved lost their benefits. lives of tens of thousands of des- through with very strong bipartisan I can’t thank the Senator enough for perately ill people are put at risk. support in the Senate, and then what he has done. Also, there are oth- Every year, thousands of people die through the final months, has moved ers, some who have left this body, such while waiting for transplantation—and through the House of Representatives, as Bob Dole, who was another leader at least one person every day dies be- and has the strong support of President for the disabled. I praise him also for cause the transplantation system is Clinton, and has had the bipartisan the work he did, and especially in this not equitable. The language included support here in the Congress—thought area where he helped us introduce the on the disability legislation violates that there was going to be a new day bill that we were so happy to be able to fundamental fairness—the fairness of for those who have physical or mental cosponsor and to see it put into the the bargaining process in which an challenges and disabilities to have the final steps. agreement was reached between the ability to participate in the workforce I thank the Senator from Massachu- Secretary and the appropriators, and and become more productive, useful, setts profusely for all he has done. I the fairness of the organ allocation active, and independent citizens in this would be happy to yield for any further system. country, and also to be able to con- comment.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30553 Mr. KENNEDY. As I mentioned ear- bill I know he is eager to sign into law, marked this legislation out of the Fi- lier, this has been a continuing process will have a tremendous impact on peo- nance Committee with an over- beginning with the passage of the ple with disabilities. In fact, this legis- whelming majority in favor of the bill. Americans With Disabilities Act, when lation is the most important piece of Finally, on June 15th, with a total of 80 we put into law protections for the dis- legislation for the disability commu- cosponsors, we passed this legislation abled so they wouldn’t be discrimi- nity since the Americans with Disabil- on the floor of the United States Sen- nated against in the workplace based ities Act. ate, with a unanimous vote of 99–0. upon their disability. My reason for sponsoring this par- Four months later, over 35 of our col- As the Senator knows very well, that ticular piece of legislation is quite sim- leagues in the House of Representa- has been enormously important and ple. The Work Incentives Improvement tives, took to the floor of their cham- has been effective. But as the Senator Act of 1999 addresses a fundamental ber, and spoke eloquently for their has pointed out, with this legislation flaw in current law. Today, individuals version of this legislation. Later that complimenting what has been achieved with disabilities are forced to make a day, the bill passed the floor of the with the Americans With Disabilities choice...an absurd choice. They House with a vote of 412–9. Since then, Act, we can open an entirely new dawn must choose between working and re- the Senate and House Conferees have for millions who have some disability. ceiving health care. Under current fed- been working diligently in effort to As we are getting closer to achieving eral law, if people with disabilities reach common ground. I am very that, I am sure the Senator agrees with work and earn over $700 per month, pleased today, that the differences in me that when we finally have the they will lose cash payments and policy in the two different bills have President’s signature on this, there health care coverage under Medicaid or been resolved and consensus has been will be people saying: What has taken Medicare. This is health care coverage reached on a conference agreement. them so long? This is such a common- that they need. This is health care cov- This agreement does not compromise sense approach. But as the Senator erage that they cannot get in the pri- the original intent of the legislation, knows, this has been a battle every vate sector. This is not right. retaining key provisions from S. 331. step of the way. There have been those Once enacted, the Work Incentives From my perspective, the Work In- who have felt that if we do this for this Improvement Act of 1999 will allow in- centives Improvement Act of 1999 rep- particular group, we might be estab- dividuals with disabilities, in states resents a natural and important pro- lishing some form of precedent that that elect to participate, continuing gression in federal policy for individ- may be used somewhere down the road, access to health care when they return uals with disabilities. That is, federal and worry if we know where it might to work or remain working. In addi- policy increasingly reflects the premise lead. tion, those individuals who seek it, will that individuals with disabilities are There are a number of strong nega- have access to job training and job cherished by their families, valued and tive voices out there. Nonetheless, I placement assistance from a wider respected in their communities, and think with the leadership of the Sen- range of providers than is available at are an asset and resource to our na- ator from Vermont and others—he this time. Currently, there are 9.5 mil- tional economy. Today, most federal mentioned certainly Senator Dole, lion individuals with disabilities across policy promotes opportunities for these Senator Weicker, and our good friend the country who receive cash payments individuals, regardless of the severity on our human resources committee, and health care coverage from the fed- of their disabilities, to contribute to TOM HARKIN, who is generally recog- eral government. Approximately 24,000 their maximum potential—at home, in nized in this body as one of the real au- of these individuals live in my home school, at work, and in the community. thorities on disability issues—this has state, Vermont. Once enacted, the I have been committed to improving been a common effort of this institu- Work Incentives Improvement Act will the lives of individuals with disabil- tion. It is an area of public policy actually save the federal government ities throughout my Congressional ca- where this institution has done what it money. For example, let’s assume that reer. Providing a solid elementary and is challenged to do; and that is to find 200 Social Security disability bene- secondary education for children with common ground in a bipartisan way to ficiaries in each state return to work disabilities, so that they will be address a common concern that affects and forgo cash payments. That would equipped, along with their peers, to millions of Americans and make be 10,000 individuals out of the 9.5 mil- benefit from post-secondary and em- progress on it. lion individuals with disabilities across ployment opportunities is crucial. I again thank the Senator from the country. The annual savings to the When I came to Congress in 1975, Pub- Vermont for the opportunity to work Federal Treasury in cash payments for lic Law 94–142, the Education for all with him. We still have a ways to go to just these 10,000 people would be Handicapped Children Act, now the In- make sure the legislation actually $133,550,000! Imagine the savings to the dividuals with Disabilities Education reaches the people and addresses the Federal Treasury if this number were Act (IDEA), was enacted into law. regulations in the way it is intended. higher. Clearly, the Work Incentives IDEA assures each child with a dis- But I think this is going to be enor- Improvement Act of 1999 is fiscally re- ability, a free and appropriate public mously important—and I hope soon to sponsible legislation. education. I am proud to be one of the finally have the President’s signature I began work on this bill in 1996. original drafters of this legislation on this legislation. We are much closer Though it was a long and sometimes which has reshaped what we offer to today than we have ever been in the difficult task, many hands made light and expect of children with disabilities past. work. Senator KENNEDY, Ranking in our nation’s schools. I join with the Senator to thank him Member on the HELP Committee, In addition, I have been committed for his good work. We hope to see that joined me in March of 1997. Senators to providing job training opportunities this is actually put into place and im- ROTH and MOYNIHAN, Chairman and for individuals with disabilities. In plemented so it will benefit those that Ranking Member on the Finance Com- 1978, I played a central role in ensuring it should benefit. mittee signed on as committed part- access to programs and services offered I thank the Senator. ners in December of 1998. Last January, by the federal government for individ- Mr. JEFFORDS. Mr. President, 35 of our colleagues, from both sides of uals with disabilities through an again, I thank the Senator from Massa- the aisle, joined us in introducing S. amendment to the Rehabilitation Act. chusetts for those comments and for 331, the Senate version of this legisla- I believe that this amendment alone all the work he has done. tion. One week later, in a Finance laid the foundation for significant leg- I am delighted to stand before you Committee hearing, we heard compel- islation that followed, including the today, to speak about an extremely im- ling testimony from our friend, former Technology-Related Assistance for In- portant piece of legislation. The bill we Senator Dole, a strong supporter of dividuals with Disabilities Act of 1988, are sending to the President today, a this legislation. A month later, we now the Assistive Technology Act of

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30554 CONGRESSIONAL RECORD—SENATE November 18, 1999 1998, both of which I drafted. Most im- health care, when an individual ini- tional rehabilitation agencies was de- portantly, this legislation opened the tially acquires a disability. We will leted in Conference. The new legisla- doors for the most comprehensive piece also learn the value of continuing tion gives the Commissioner of Social of legislation of all, the Americans health care to a working individual Security the authority to address these with Disabilities Act of 1990. This legis- with a disability. If an individual, even matters through regulation. lation prohibits discrimination on the with a severe disability, knows that he Although several changes have been basis of disability in employment, pub- or she has access to uninterrupted, ap- made from the original Work Incen- lic services, public accommodations, propriate health care, the individual tives bill, I am still very pleased with transportation, and telephone service. will be a healthier, happier and thus what we are adopting today. This is These laws have forever changed the more productive worker. legislation that makes sense, and it social landscape of America. They I would like to take the time now to will contribute to the well-being of serve as models for other countries who briefly outline the major provisions millions of Americans, including those recognize that their citizens with dis- which have remained as part of this with disabilities and their friends, abilities are an untapped resource. In legislation. The conference agreement their families, and their co-workers. our country, individuals with disabil- retains the two state options of estab- Today’s vote provides us the oppor- ities are seen everywhere, doing every- lishing Medicaid buy-ins for individ- tunity to bring responsible change to thing. Just this past weekend, thou- uals on Social Security disability rolls, federal policy and to eliminate a mis- sands of physically disabled individuals who choose to work and exceed income guided result of the current system—if participated in the New York City Mar- limits in current law, as well as for you don’t work, you get health care; if athon, as they have been doing for those who show medical improvement, you do work, you don’t get health care. years. The expectations that these peo- but still have an underlying disability. The Work Incentives Improvement Act ple set for themselves and the stand- For working individuals with disabil- of 1999 makes living the American ards we apply to them have increas- ities, the conference agreement ex- dream a reality for millions of individ- ingly been raised, and now in many cir- tends access, beyond what is allowed in uals with disabilities, who will no cumstances equal those set and applied current law, to Medicare. In addition, longer be forced to choose between the to other individuals. the legislation before us today retains health care coverage they so strongly Unfortunately, one major inequity several key provisions from S. 331, in- need and the economic independence remains. That is, the loss of health cluding, the authority to fund Medicaid they so dearly desire. care coverage if an individual on the demonstration projects to provide ac- In closing, I would like to thank the Social Security disability rolls chooses cess to health care to working individ- many people who contributed to reach- to work. Individuals with disabilities uals with a potentially severe dis- ing this day. I especially thank the want to work. They have told me this. ability; the State Infrastructure Grant conferees, Majority Leader LOTT, Sen- In fact, a Harris survey found that 72 Program, to assist states in reaching ators ROTH and MOYNIHAN, and in the percent of Americans with disabilities and helping individuals with disabil- House, Majority Leader ARMEY, and want to work, but only one-third of ities who work; work incentive plan- Congressmen ARCHER, BLILEY, RANGEL, them do work. With today’s enactment ners and protection and advocacy pro- and DINGELL. I also thank their staff of the Work Incentives Improvement visions; and finally, most of the provi- who worked so closely in effort to Act of 1999, individuals with disabil- sions in the Ticket to Work Program. reach this day. From my staff, I thank ities will no longer need to worry about In order to control the cost of this Pat Morrissey, Lu Zeph, Leah Menzies, losing their health care if they choose legislation, compromises were made. Chris Crowley, and Kim Monk. I want to work a forty-hour week, to put in Although the purpose of the State In- to recognize and extend my apprecia- overtime, or to pursue career advance- frastructure Grant Program and the tion to the staff members of my three ment. Individuals with disabilities are Medicaid Demonstration Grant Pro- fellow sponsors of this bill; Connie Gar- sitting at home right now, waiting for gram remain the same, the terms and ner in Senator KENNEDY’s office, Jen- this legislation to become law. Having conditions of these grants were altered nifer Baxendell and Alexander Vachon a job will provide them with a sense of in conference. As a result, states are with Senator ROTH, and Kristen Testa, self-worth. Having a job will allow not required to offer a Medicaid buy-in John Resnick, and Edwin Park from them to contribute to our economy. option to individuals with disabilities Senator MOYNIHAN’s staff. Finally, I Having a job will provide them with a on Social Security, who work and ex- wish to thank Ruth Ernst with the living wage, which is not what one has ceed income limits in current law, Senate Legislative Counsel for her through Social Security. prior to receiving an Infrastructure or drafting skill and substantive exper- In addition to continuing health care a Medicaid Demonstration Grant. tise, her willingness to meet time ta- coverage and providing job training op- Also in Conference, the extended pe- bles, and most of all, her patience. portunities for individuals with disabil- riod of eligibility for Medicare for In addition to staff, we received ities, this legislation offers many other working individuals with disabilities countless hours of assistance and ad- substantial long-term benefits. The has been changed from 24 to 78 months. vice from the Work Incentives Task Work Incentives Improvement Act of During this extended period, the fed- Force of the Consortium for Citizens 1999 will give us access to data regard- eral government is to cover the cost of with Disabilities. These individuals ing the numbers, the health care needs, the Part A premium of Medicare for a worked tirelessly to educate Members and the characteristics of individuals working individual with a disability, of Congress about the need for and the with disabilities who work. Further- who is eligible for Medicare. S. 331 effects of this legislation. more, this legislation will provide the would have extended such coverage for Finally, I would like to urge my col- federal government as well as private an individual’s working life, if he or leagues in both chambers to set aside employers and insurers, the facts upon she became eligible during a 6-year any concerns about peripheral matters which to craft appropriate future time period. and to focus on the central provisions health care options for working indi- I would like to note two changes to of this legislation. Let’s focus on what viduals with disabilities. It will allow the Ticket to Work program made dur- today’s vote will mean to the 9.5 mil- employers and insurers to factor in the ing Conference. The new legislation lion individuals with disabilities across effects of changing health care needs shifts the appointment authority for the nation. At last, these individuals over time for this population. Hope- the members of the Work Incentives will be able to work, to preserve their fully, it will even improve the way in Advisory Panel from the Commissioner health, to support their families, to be- which employers operate return-to- of Social Security to the President and come independent, and most impor- work programs. Through increased Congress. In addition, language regard- tantly, to contribute to their commu- tracking of data, we will learn the ben- ing the reimbursements between em- nities, the economy, and the nation. efits of intervening with appropriate ployment networks and state voca- We are making a statement, a noble

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30555 statement and we must do the right The relationship of a person, a family, We don’t talk about medical cov- thing. Let’s send this bill to the Presi- a business, to their health insurance erage for all Americans. Families talk dent. company. That is pretty basic. When about it. Families talk about their kids Thank you, Mr. President. we asked America’s families, they said turning 23 years of age, coming off the Mr. DURBIN. Mr. President, under that is the No. 1 concern. We want to health insurance policies of their the unanimous consent agreement, how make certain, when we go in a doctor’s moms and dads, and whether they have much time remains in morning busi- office, that the doctor makes the deci- a chance to be covered. Families talk ness? sion, not some clerk at an insurance about whether or not someone with a The PRESIDING OFFICER (Mr. BEN- company off in Topeka, KS. preexisting condition can find insur- NETT). We are in morning business I know from my experience in Illi- ance in this country. We don’t talk until 1 o’clock, with the time equally nois, as most others know from their about it in Congress, no. The insurance divided between the two sides. own personal experiences, many times companies don’t want Members to talk Mr. DURBIN. The remaining time on doctors are being overruled. I can re- about it. The special interests ruled the Democratic side? call a doctor who said to me a mother this session of Congress. The PRESIDING OFFICER. Twenty- came in the office with an infant and We see in the Republican legislative six minutes. the baby had been complaining of a landfill of the 106th Congress the Pa- f headache on the right side of his head tients’ Bill of Rights, an issue we failed for several months. The doctor asked if to address. LEGISLATIVE LANDFILL it was always complaining about one The nuclear test ban treaty: Just a Mr. DURBIN. Mr. President, as we re- side of the head, and the mother said few weeks ago, possible one of the flect at the end of this legislative ses- yes. The doctor thought: I had better worst decisions made by Congress in a sion on our accomplishments, it is my take an MRI to see if there might be a decade, a decision to turn down a trea- belief that there are very few things we brain tumor. Before he said that to the ty where the United States not only can go back home to tell the American mother, he looked at her file for the would have the moral leadership in the people we achieved. name of her insurance company. He world but enact a treaty that backs it 100 Senators and 435 Members of the said, excuse me, left the room, got on up and says to countries around the House of Representatives came to the phone and called the insurance world: If you are not a nuclear power, Washington, DC, at the beginning of company. He said: The mother presents don’t become one. If you have nuclear the year and listened closely to Presi- herself with an infant complaining of weapons, don’t test them. Let’s stop dent Clinton’s State of the Union Ad- headaches for several weeks and this nuclear arms race in place. dress where he outlined a program and months on one side of the head. It is This nuclear test ban treaty failed in some objectives, many stood and my medical decision and opinion we the Senate on a largely partisan vote. cheered. The applause lines were fre- should have an MRI to determine It was a sad day for America. It was a quent during the course of that speech. whether there is a possibility of a brain sad day for a country which has tried People of both political parties left the tumor. to lead the world and say to countries State of the Union Address saying they The voice on the other end of the such as India and Pakistan, stop what were now energized and invigorated to phone said: No; no. The insurance com- you are doing, don’t keep this arms go forward and address the issues fac- pany that pays for the bills declines race going and develop nuclear weap- ing America, and we began the legisla- that procedure. ons that could mushroom into a war That doctor had to walk back to that tive process. that would destroy not only people in room and not even tell the mother For me, it is the 17th time I have those two countries but in many other what had happened. He was bound by been through this. It is hard for me to nations. This Congress, this Senate, his contract not even to disclose that remember another session of the Con- failed to enact a nuclear test ban trea- gress as unproductive as this session of his medical judgment had been over- ruled by an insurance company clerk. ty. the Congress. When it came to issues That is the state of health care in We failed to enact any legislation to that the people and families across America. Families who go into those deal with school construction. Take a America care about, this Congress re- doctors’ offices, confident the patient- look at the numbers: There will be fused to do anything. This wasn’t a ti- doctor relationship is a sacred one that more kids showing up for classes in the tanic struggle between the Republican can be trusted, are beginning to think next 10 years than we have been serv- conservative agenda and the progres- twice. They appeal to Members of Con- ing in the last 10 or 20 years. Those sive agenda of the Democrats where we gress, Democrats and Republicans: Do kids need teachers, they need class- brought issues to the floor and fought something; restore our faith in our rooms, they need modern schools, over amendments from one side to the medical system. Restore quality health schools where they have the electricity other. That is what we are supposed to care. Pass a Patients’ Bill of Rights. to make certain they can sustain the see on Capitol Hill. That didn’t happen No, not in this Congress. This Con- computer technology, schools that are because there was no agenda on the gress and the Senate on July 15 passed safe, schools where kids have a positive other side. The Republican leadership a bill friendly to the insurance compa- learning environment. When the Presi- had no agenda. nies—as if they needed another friend dent made this proposal for school con- Recently, a Republican Congressman on Capitol Hill—a bill which, frankly, struction, it was greeted with disbelief said we considered this year a ‘‘legisla- didn’t address the most basic issues and disapproval on the other side of the tive timeout.’’ When timeouts occur families worry over every single day. aisle. We have done nothing in this ses- during the course of an NFL football I won’t even get into the question of sion of Congress to deal with school game, most people leave the room and expanding medical insurance coverage. construction. go to the refrigerator; if America’s We wouldn’t even utter those words on Campaign finance reform: Is there a families had left the room and gone to Capitol Hill for fear it might bring more basic issue for the future of Con- the refrigerator, they would have spent down charges of radicalism, the idea gress? Will we ever change the current a lot of time there this year if they that the 44 million uninsured Ameri- system which has become a bidding were waiting for Congress to do some- cans who grow in number every year war among special interests where thing. We didn’t do it. We didn’t re- might have their Government care Members of the Senate such as myself spond. Now we have to go home, as we enough to do something. We are not in literally have to be on the phone day should, and explain it. that business with the Republican-con- and night, begging for money for a Let me state some of the issues we trolled Congress. We don’t talk about campaign that costs millions of dol- failed to act on this year, issues that those things—like the aunt who is lars? If you are not independently make a difference to families across somewhere off in the distance, never wealthy and cannot write a big check America. The Patients’ Bill of Rights: referred to by a family. to sustain your own campaign in the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30556 CONGRESSIONAL RECORD—SENATE November 18, 1999 Senate, you spend most of your time umbine and so many other schools, had gress. When you consider the lives of begging for money. Is that what Ameri- a chance to pass sensible gun control people who are dependent on this ac- cans want in the Senate or the House legislation and failed. We will go home tion, you understand the severity of it. of Representatives? I don’t think so. now to face our constituents, many of I will tell one quick story. A bipartisan bill—Senator JOHN whom live in cities where gun violence Take a look at this little girl here. MCCAIN, a Republican, of Arizona, and is a commonplace occurrence, and have She is Theresa. She lives in Yorkville, Senator RUSS FEINGOLD, a Democrat to tell them this Congress failed to IL. Her dad is a police officer and her from Wisconsin—said we can clean up pass any sensible gun control legisla- mom stays at home to look after her. this system, but this Congress failed to tion. She suffers from a rare disease known enact meaningful campaign finance re- Smaller class size—thank goodness as spinal muscular atrophy. It is a very form. Only 55 Senators—45 Democrats the President prevailed in his negotia- debilitating disease. As you can see, and 10 Republicans—came forward in tions. The President’s goal, and one I she is on a ventilator, and I met a cou- support of this most basic change in re- share, is to reduce class size in the ple of kids just like this. This is what form. early grades so quality teachers can her mother says: As part of the legislative landfill of meet with kids right when they are She was hospitalized from September 2nd the 106th Congress, Republicans were starting their education and help them last year until February 15 of this year due to fighting the insurance company for cer- successful in not passing campaign fi- along. You take the kids who are the tain provisions we could not do without in nance reform. best and the brightest and you give our home. Minimum wage increase? The min- them the biggest challenges. You take We had to fight and fight with the insur- imum wage in this country is $5.15 an those who may be suffering from some ance company for things the doctors had said hour. When you calculate that out, it learning disability, you diagnose their were needed [for Theresa.] So we fought for 1 means a little over $10,000 a year in in- problem and try to deal with it at an 2 ⁄2 months. We eventually did get everything come. Can any of us consider a life on that we needed, except it was a very long early age. You take the kids who do battle. $10,000 a year and what it would mean? not learn as quickly and give them spe- Keep in mind, these are men and Can you imagine having your family cial attention. For teachers to achieve separated that long because the insur- women who get up and go to work that, they need smaller class sizes. If ance company did not want to help? every single day and make $5.15 an you put 30 kids in a classroom, the hour. Inflation eats away at it, at a Theresa caught RSV in the hospital while teacher is lucky to maintain discipline, we were waiting for the appeal to go wage that was already too low to be let alone meet the special needs of in- through. That is why she now has [a venti- livable. We tried this year to increase dividual students. lator and tracheotomy.] the minimum wage by 50 cents an hour So the President said, and I agree: That is a real life family. Theresa’s each year over the next 2 years, saying We need to focus 100,000 teachers into dad is a policeman. Theresa and her it is only fair that working men and reducing class size across America. family would not be protected by the women have that help from their Gov- Until a few days ago, the Republicans Republican version of the Patients’ Bill ernment. We were resisted on the Re- had opposed this. Finally, the Presi- of Rights. They would not have the publican side of the aisle. Ultimately, dent prevailed. Finally, we are moving benefit of an appeals process in a time- they came up with their own package. forward on this initiative which we ly fashion so they could get a good an- They do not do it over 2 years; they do started last year that serves school dis- swer, a sensible medical answer for this it over 3 years, which costs those wage tricts all across America, not just in little girl. Instead, they are embroiled earners $1,200 a year in income to take the cities but in the towns and suburbs in month after month of weary debate that approach. Mr. President, $1,200? alike. with the insurance company. That is You might say that is not that big a Look at the efforts to help family health care in America for too many deal. It is if you are making $10,000 a farmers. We finally came through with American families. This Congress has year; it is a very big deal. that on a bipartisan basis. It is one of failed, utterly failed to address this The Republican approach rep- the things we achieved this year. But it critical issue. resenting special interests in stopping begs the question, to leave it at that, I yield the floor. the minimum wage increase prevailed. because next year if we do not change Several Senators addressed the They also added in there some tax the basic Federal farm policy, the so- Chair. breaks that, frankly, cannot be taken called Freedom to Farm Act, we are The PRESIDING OFFICER. The Sen- seriously because they did not pay for going to see a rerun, unfortunately, of ator from Kentucky is recognized. We them. There we have it—the minimum what we saw this year—farmers lit- are going from side to side. wage issue into the landfill. erally struggling to survive. As prices Mr. WELLSTONE. I thank the Chair. This is one you will remember, the across the world have plummeted, they I wonder if I can ask unanimous con- juvenile crime control bill. You will re- cannot make a decent income. sent to follow the Senator from Ken- member it because it came up right In my home State of Illinois, a State tucky? Mr. INHOFE. Reserving the right to after Columbine High School. It was an that has a very strong farm sector, just object, I inquire of the Chair, it is my effort by the Senate to pass a sensible a few years ago the average net farm understanding we had until the hour of gun control law. When the final vote income for a farmer was about $48,000 a 1 o’clock equally divided. I ask how was cast, it was 50–50. Vice President year. This year it will be about $25,000. much time is remaining on each side? Al Gore came to the floor, broke the That is about half. But $13,000 of the The PRESIDING OFFICER. On the tie, and we enacted the bill which said $25,000 will come from Federal pay- Republican side, there are 22 minutes as follows: When people buy guns at ments. The other about $12,000 will 37 seconds. On the Democratic side, gun shows, we want to know if they come in farm operations. We cannot there are 9 minutes 33 seconds. have a history of violent mental illness sustain a farm economy where half the Mr. INHOFE. I thank the Chair. or a criminal record. income of farmers in Illinois and Min- The PRESIDING OFFICER. Without In an effort to keep guns out of the nesota or Nebraska comes from the objection, the Senator from Minnesota hands of criminals and kids, we passed Federal Treasury. The law has to be will be recognized following the Sen- a sensible gun control measure, sent it changed, and this year we did not take ator from Kentucky. across the Rotunda to the House of up a change in the law as we should f Representatives, where it literally died have. because the National Rifle Association The last point I would like to make THE TICKET TO WORK AND WORK and the gun lobby decided they did not before I yield to my colleague from INCENTIVES IMPROVEMENT ACT want to pass any gun control bills this Minnesota is this. The Patients’ Bill of Mr. BUNNING. Mr. President, I rise session. This Nation, which was Rights is an issue we have to return to in strong support of the work incen- shocked by the occurrences at Col- as the highest priority in the next Con- tives and ticket to work legislation.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30557 This is a day I have looked forward to for the disabled and also increase Med- with the milk marketing order reform for a long time. icaid funding to the States to help are put into the overall bill. It is a great day for the disabled in them address the problems. What I want to focus on is the proc- America. By passing this legislation, All in all, this bill is win-win. It is a ess. To focus on the process, one might we are going to make it easier for them winner for the disabled community and say, is a little bit too inside Wash- to return to work and become self-suf- a winner for the American taxpayers ington politics, but I do not think so ficient. We are going to give those who and all of us who pay Social Security because actually, I say to my col- want to try to return to work the tools taxes. The Congressional Budget Office leagues, Democrats and Republicans they need to support themselves and to tells us that for every 1 percent of dis- alike, this is, in a way, what makes escape from the dependency on a ability recipients who return to work, people most distrustful of what we do. monthly Government check. the Social Security disability trust By the way, I am not going to argue For years, the Social Security dis- fund saves $3 billion. That is serious that everything we do should be looked ability program has provided a vital money. If this legislation only works upon with suspicion by citizens. I am safety net to assist those who fall on partly as well as we expect, it will not going to engage in an across-the- hard times and need help when they be- make a tremendous difference for the board indiscriminate bashing of the come sick or injured and cannot sup- future of the trust fund and our ability whole political process. But I will say, port themselves. It has done this job to look after the neediest Americans. if people do not believe in the process, well. But for the many disabled people It’s been almost 5 years since Con- they do not believe in the product. who have wanted to return to work and gress began looking into problems with Again, what has happened, in all due could be able to work, the disability the disability program. In 1995, when I respect to the negotiators, is by not program has not worked as well. It has was the chairman of the House Social getting the work done on these appro- not properly equipped them to return Security Subcommittee, we began priations bills and by putting all of to the workforce. It has not given them holding hearings on possible changes this into an omnibus bill, we have had the tools they need to move off the dis- we could make to Social Security to a few people negotiating. If the major- ability rolls. In fact, fewer than 1 per- help the disabled. After those hearings, ity party in a conference committee wants to roll the minority party, they cent of those who go on the disability former Congresswoman Barbara can do so. That is what they have done rolls—that is currently 4.5 million peo- Kenelley and myself wrote reform leg- in the House by basically putting in ple—never return to work because the islation that passed in the House in this provision that extends the North- program does not provide an adequate 1998 by a vote of 410–1. While my bill east Dairy Compact and blocks the support network or resources for these died in the Senate last year because Americans to move back into the milk marketing order reform. Senator KENNEDY put a hold on my bill We had a vote on this in the Senate. workforce. and some shenanigans by the White We voted against extending the dairy For these disabled people, the dis- House, it is at the core of the legisla- compact. It was a square and fair de- ability program has become a black tion we are passing today and I am bate and vote. Then, in a conference hole. Once they fall in, they cannot es- very proud of that. We have worked committee, completely unrelated to cape. The bill we hope to pass today or very hard to make sure the ticket-to- the appropriations bills, completely tomorrow finally gives these Ameri- work portion of this reflects the bill unrelated to what the scope of the con- cans new hope, the ladder they need to that passed the House last year 410–1. ference committee was supposed to be, climb out of that hole. The Ticket To This is a good bill, and I urge my col- these provisions were put back in the Work and Work Incentives Improve- leagues to support it. It will truly bill in the dark of night. House Major- ment Act modernizes the disability make a difference for many Americans ity Leader ARMEY announced they had program and moves it into the modern who need it the most, and I think it done it, and Senate Majority Leader age and provides more options for the will stand as one of the most signifi- LOTT announced the provision was in. disabled who want to work. It provides cant pieces of legislation to pass during There was never debate and discussion. them with a ticket that can be used to this Congress. They tucked into the conference report help acquire skills to reenter the work- I yield the floor. this huge monstrosity of a bill that force. The PRESIDING OFFICER. Under hardly any of us have had a chance to Under the old system, these workers the previous order, the Senator from read yet, which will be coming over had only one option if they wanted to Minnesota is recognized. here sometime. return to work; they had to work f I come to the floor to say to Con- through their State vocational reha- NORTHEAST DAIRY COMPACT gressman OBEY in the House: I applaud bilitation programs. This option will your efforts. What we have is raw poli- still be open to them, but now they will Mr. WELLSTONE. Mr. President, in tics—just get this through. That is also be able to use their ‘‘ticket’’ to go a while—though it is not clear when— what they have done with this North- to other provider networks and em- it is my understanding that Congress- east Dairy Compact. They could not do ployers to obtain skills and jobs. In man OBEY from Wisconsin—and I see it on the floor of the Senate. They short, the ‘‘ticket’’ expands oppor- Senator FEINGOLD from Wisconsin on stuck it in a conference report. They tunity for training and choices for re- the floor right now—is in the House did it in the dead of night. They did it habilitation for the disabled, and gives with any number of different motions outside any public scrutiny. And now them the ability to tap into the power to adjourn before this conference re- they present it to us in a conference re- of the free market. port is acted upon. port as a fait accompli. They set up a This legislation also addresses the We will eventually get this huge om- continuing resolution that goes into most pressing need for most of those nibus conference report. Those of us next week. who want to leave the disability rolls from the midwest dairy States are in- They figure out ways of jamming and return to work—the availability of dignant about what has been done. It people, and it is unclear as to what le- adequate health care. Many of these goes beyond dairy. Later on, believe verage we have left. But, as Congress- potential workers continue to require a me, we are going to have plenty of time man OBEY is doing in the House, I am high degree of medical care even after to talk about dairy farmers. We are sure those of us who are from Wis- they return to work. Obtaining this going to talk about what it means to consin and Minnesota in the Senate in- care—and paying for it—is often a high dairy farmers, what it means to our tend to speak out. We intend to be very hurdle to cross, especially for those States, and what it means to the coun- clear about what has happened, and we who move back to the workplace in try when, in a conference committee, will do all we can as Senators. We will entry and lower-level positions. Under provisions that extend the Northeast go from there. the bill we are dealing with today, we Dairy Compact and also block what I say to my colleagues that almost as expand continued Medicare coverage Secretary Glickman was trying to do much as the final product, I came to

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30558 CONGRESSIONAL RECORD—SENATE November 18, 1999 the floor of the Senate to strongly dis- people out there who are not getting rare military assets to places such as sent from the way it was done. adequately punished, and they will Bosnia. We lost it by three votes. The I understand the rules. I understand continue to have firearms. President said: Let me do this. If we what it is all about when people have I will just make one statement. It defeat this resolution, and if we get to figured out a way to roll Senators. I seems incredibly naive to me anyone send troops into Bosnia, I promise they think that is what the majority leader, could believe that if we pass a law that will be home for Christmas 1996. Here the Senate majority leader, and House makes it illegal for all citizens to own we are. We are getting close to Christ- Majority Leader ARMEY have done. I guns, somehow the criminal element, mas 1999 and the troops are still not think that is what the Republicans who by their very definition and na- home. There is no end in sight. have done in this conference com- ture, are criminals, will comply with We have the same thing in Kosovo. mittee. There is no question about it. the law. We have had serious problems. I have But I want people in Minnesota to Also, it seems very frustrating to me gone over to Kosovo, I am sure, more know that we will continue to speak that we have a President of the United than any other Member has, only to out about this, even as we see less and States who wants to have all kinds of find out this is a war that has been less opportunities for our leverage. We legislation to take away guns from going on for 600 years, a war where the will fight in whatever way we can. We law-abiding citizens and at the same two sides alternate in who is the good will certainly not be silent about this. time turns 16 terrorists loose on the guy and who is the bad guy. Ethnic When this bill comes over, I would streets of America; that we have a cleansing has taken place historically think, I say to my colleague from Wis- President of the United States who will for 600 years on both sides; both on the consin, Senator FEINGOLD, we can prob- make speeches—as this President made Serbian side and the Albanian side. ably expect a considerable amount of some 133 times, including in two State So it was a horrible awakening I had discussion about not only the impact of the Union Messages—that now, for when I was over there, right after we on dairy farmers and what it is going the first time in contemporary history, went in there with cruise missiles, to mean for a lot of people who are the first time since the dawn of the nu- where we had refugees in different going to go under who are already clear age, there is not one—I repeat, places such as Tirana, Albania. I can struggling enough, but I think also, I not one—missile aimed at American remember walking through the refugee say to Senator FEINGOLD, who has been children tonight. When he made that camp. The people were well cared for. such a reformer, the way it has been statement, he knew full well that in at They were doing quite well. But then done, the whole process, which I think least one country, China, there were a they looked at me and said: When are is profoundly antidemocratic, with a minimum of at least 13 American cities you and America going to do some- small ‘‘d’’—not up-or-down votes, late that were targeted at that very mo- thing about our problem? at night, tucked into a report; by ment. So we are living in a very dan- I said: What is your problem? whom, when, how, not at all clear, and gerous world. They said: Well, we’re refugees. then design rules in such a way you can I listened to the concerns that we I said: Why should we in the United just roll it through—we will certainly have on the nuclear test ban treaty. As States be as concerned about that as be speaking out loudly and clearly chairman of the Readiness Sub- other countries? about it. committee of the Senate Armed Serv- They said: Because it is because of I yield the floor. ices Committee, I would like to kind of you that we are refugees. It is because The PRESIDING OFFICER. The Sen- lead into that to at least explain to the ethnic cleansing was not acceler- ator from Oklahoma. thinking people that we did the right ated until the time that the bombs f thing by not unilaterally disarming started being dropped on that town. with the Comprehensive Test Ban So we now have a weakened defense A PRODUCTIVE SESSION AND Treaty, which is not verifiable. system because we have starved it into ISSUES FACING AMERICA First of all, I can say—and I do not a degree of weakness. Yet we are living Mr. INHOFE. Mr. President, while think anyone can challenge this state- in a time when virtually every country presiding and listening to some of my ment—we are now in the most threat- has weapons of mass destruction. distinguished colleagues talking about ened position that we have been in, in And now we find out that in conven- the lack of productivity of this session the history of America. By that, I tional warfare we are not superior any- of the legislature, there are a few mean for things that have happened in more. Wake up America. We are not su- things that were very productive and the last 7 years in three broad cat- perior anymore. We found out the that we can be very proud of when we egories. other day that two of our Army divi- go home and say we were able to get First of all, we have a President of sions are ranked as C–4, which means certain things done. the United States who, through his they are not capable of combat. And Before doing that, though, and to en- veto messages, starting in 1993 in what are these divisions? These divi- sure I get one point out before using up vetoing the defense authorization bills, sions are the 10th Army Mountain Di- the time that is allotted, the distin- and then succeeding bills since that vision in Bosnia and the 1st Infantry guished Senator from Illinois named a time, has done so, so that we would Division in Kosovo. number of issues that he thought were have to cut down the size of our mili- It is not the fault of our troops. They somewhat disgraceful—for example, tary, so that we now have ended up are put in places and they no longer the fact that we do not have more gun having a force strength of one-half of have combat training, so they are not control legislation. what we had in 1991 and 1992 during the capable of combat without coming out Maybe because of my roots back in Persian Gulf war. of there and training for at least 6 Oklahoma, I find it very difficult to un- It is not a matter of the President months. derstand this mentality, that somehow vetoing defense authorization bills and So if we are down to 10 Army divi- guns are the culprit as opposed to the taking money out of our defense sys- sions because of this President, and 2 of people, and somehow that honest, law- tem to put into his favorite domestic them are rendered incapable of combat, abiding Americans should have to be social programs, but at the same time that is 8 Army divisions. We had 19 disarmed, should have to give up their he has deployed our troops to places all during the Persian Gulf war. So that is guns, while the criminal element would over the Earth where we have no na- what has happened to our military. not be giving up their guns. tional security interests. So now we Just the other day I was very proud Time and time again, every survey have troops in Bosnia. of Gen. John Jumper, who had the that has been done, every study that I remember in December of 1995, courage to stand up and say publicly has taken place, has come to the con- when we were on the floor trying to that we are no longer superior in air- clusion that the problems that we have pass a resolution of disapproval, to to-air and air-to-ground combat. Our are of a criminal element. There are stop the President from sending our strategic fighters are not superior to

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30559 those others on the market. He stated labs. They all said—I had the quotes; I is 100,000 teachers. I think the more we the SU–35, as made by the Russians, is don’t have them in front of me right can send these decisions back to the on the market right now, the open now—that if we can’t test these nu- local level, the better the people of market. It is for sale. Anyone can buy clear weapons, there is no way we can America will be served. it—Iraq, Iran, Syria, Libya, anybody determine whether or not they work. It I believe we have had a good session. else—and it is better than anything we is a very unsafe thing for America. I am not pleased with the way it is have, including the F–15 and the F–16. These were the directors of the labs re- turning out right now. The old saying We have to face up to this. It is a sponsible for this nuclear arsenal. we have heard so many times in the threat from the conventional side as So of the nine weapons we have, past that there are two things you well as from missiles. which I have listed here, we only have never want to watch while they are I will make one comment about the one we have adequately tested enough being made—one is sausage and the missiles. Again, we hang this on Presi- to know whether or not it would work. other is laws—becomes very true dur- dent Clinton. In that same veto mes- That is the W–84 warhead that we know ing the last few days of legislative ses- sage in 1993, President Clinton said: I’m would work. sions. vetoing this bill. And I’m vetoing it be- This would have been a real disaster I think we have done a very good job. cause it has money in it for a national for America. People kept saying Presi- I think we did the right thing in de- missile defense system, which we do dent Eisenhower was for a comprehen- feating the unverifiable test ban trea- not need because there is no threat out sive test ban treaty, that President ty. I think we have passed legislation there. Yet we knew from our intel- Bush was, that President Reagan was. of which America will be very proud. I ligence that the threat would be there That isn’t true at all. This flawed trea- am anxious to end all this fun we are and imminent by fiscal year 1998. And ty was a zero-yield treaty. We would having and go home and tell the people sure enough, it was. only have had the word of our adver- in Oklahoma about it. So here we are with the combination saries that they would not test their I yield the floor and suggest the ab- of all these countries out there that nuclear arsenals. sence of a quorum. have every kind of weapon of mass de- We keep our word in America; we The PRESIDING OFFICER (Mr. struction: Biological, chemical, or nu- don’t test our arsenal. But we don’t BUNNING). The clerk will call the roll. clear. Yet we have countries such as have any idea whether or not they are The legislative assistant proceeded China and Russia and now North Korea going to test theirs. In fact, during the to call the roll. that have the capability of delivering course of the debate, both China and Mr. INHOFE. Mr. President, I ask those warheads to anywhere in Amer- Russia said they would not comply unanimous consent that the order for ica right now, when we are in Wash- with the zero yield. There is no way in the quorum call be rescinded. ington, DC. They could fire one from the world we can detect that, that we The PRESIDING OFFICER. Without North Korea that would take 35 min- would know what our adversaries were objection, it is so ordered. utes to get here. There is not one thing doing. That would, for all practical f in our arsenal to knock it down be- purposes, be unilateral disarmament. cause this President vetoed our na- I am asked back in Oklahoma by peo- EXTENSION OF MORNING tional missile defense effort. ple who have good street sense, why is BUSINESS Now the American people have awak- it the liberals in Congress are so com- Mr. INHOFE. Mr. President, I ask ened to this, and we have enough mitted to disarming our country, to unanimous consent that the period for Democrats who are supporting Repub- taking our money that we are supposed morning business be extended to the licans to rebuild our system and to try to have to defend America and putting hour of 2 p.m. and that the time be to get a national missile defense sys- it into these various discretionary so- equally divided in the usual form. tem deployed. Unfortunately, it cial programs? I have to explain to The PRESIDING OFFICER. Without couldn’t happen for another 2 years, them that the people in Washington, objection, it is so ordered. maybe 21⁄2 to 3 years. and some of the Senators in this Cham- Mr. INHOFE. I suggest the absence of That gets around to the Comprehen- ber, are not like the people of Okla- a quorum. sive Test Ban Treaty about which my homa. I think President Clinton hon- The PRESIDING OFFICER. The distinguished colleague from Illinois estly believes that if we all stand in a clerk will call the roll. was talking. I think probably the best circle and hold hands and we unilater- The legislative assistant proceeded thing that could have happened to us ally disarm, everyone will love each to call the roll. for our national security was to defeat other and it won’t be necessary to have Mr. HATCH. Mr. President, I ask that. If we don’t have a national mis- a defense system. unanimous consent that the order for sile defense system, then what do we That is what we are up against. In a the quorum call be rescinded. have to deter other countries from very respectful way, I have to disagree The PRESIDING OFFICER. Without launching missiles at the United with many of the things my distin- objection, it is so ordered. States? guished colleague from Illinois stated. Mr. HATCH. Mr. President, I ask What we have is a nuclear stockpile. I think we have had a very successful unanimous consent that for the next We have nine weapons in the nuclear session. We have ensured a sound So- quorum call the time be divided for stockpile. Because of the President’s cial Security retirement system. We each side equally. moratorium, they haven’t been tested have improved educational opportuni- The PRESIDING OFFICER. Without for 7 years. We don’t know whether or ties for our children. Along this line, objection, it is so ordered. not they work. I suggest it might be the major disagreement we had was Mr. HATCH. I suggest the absence of better not even to have nuclear weap- that the Democrats thought the deci- a quorum. ons than to have weapons but not know sions should be made here in Wash- The PRESIDING OFFICER. The whether they work. That is exactly ington; Republicans want to use the clerk will call the roll. what we have right now. If we had same amount of money but not make The legislative assistant proceeded passed the Comprehensive Test Ban the decisions in Washington but send to call the roll. Treaty, there would be no verification, that money to the school districts. The Mr. WYDEN. Mr. President, I ask there would be no way in the world we school board in Tulsa, OK, is much bet- unanimous consent that the order for would have known whether or not our ter equipped to know what their edu- the quorum call be rescinded. stockpile was working because they cation needs are in Oklahoma than we The PRESIDING OFFICER. Without hadn’t been tested. are in this August body of the Senate. objection, it is so ordered. I can remember quote after quote The Democrats say the answer is not Mr. WYDEN. Mr. President, I ask after quote by the people who were so school buses, not computers, not the unanimous consent to speak for up to much involved in this from our energy physical facilities that are available; it 15 minutes in morning business.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30560 CONGRESSIONAL RECORD—SENATE November 18, 1999 The PRESIDING OFFICER. Without from these letters. I have three today I do hope you can do something to help us objection, it is so ordered. that I think tell an important story. seniors. Mr. WYDEN. Thank you, Mr. Presi- One is from a senior citizen in Med- When she writes, ‘‘No way can I af- dent. ford, OR, in my home State. Another is ford to pay for my medicine,’’ that es- f from a senior citizen from Grants Pass, sentially sums it up. OR, and a third is from a senior citizen We can talk about people buying pre- PRESCRIPTION DRUGS FOR THE in O’Brien, OR, all of which reflect the scription drugs over the Internet; we ELDERLY kind of concerns I know are out there. can talk about the patent issue, both Mr. WYDEN. Mr. President, I have Hopefully, as seniors learn about our involving substantial sums of money. come to the floor of the Senate on a campaign and see that we are urging Whatever that person needs in Grants number of occasions recently to talk them to send us copies of their pre- Pass—and the letter goes on to say she about the issue of prescription drugs scription drug bills, it can help bring has no insurance coverage for her med- for the elderly. about bipartisan support for legislation icine—seniors need legislation that ac- I think there is a particularly rel- in the Senate. tually provides coverage through the evant point to make this afternoon I am very proud that I have been able insurance system to help pay for pre- given the very extensive press coverage to team up in recent months with Sen- scription drugs. we have seen on this issue in recent ator OLYMPIA SNOWE on bipartisan leg- Another letter comes from Medford, days. islation. I have been of the view that OR. We can see the stack of bills going Over the weekend, David Rosenbaum nothing more can happen in Wash- to a pharmacy in Medford, Southern in the New York Times had an excel- ington, DC, unless it is bipartisan. The Oregon Health Trust Pharmacy. This lent article on the issue. In the last Snowe-Wyden legislation is a bill that individual has spent $1,664 recently on couple of days, Time magazine had an- uses marketplace forces and unleashes prescription drugs in Medicare. She is other very lengthy piece on the ques- the forces of the private sector in an ef- sending bills to our office. Unfortu- tion of prescription drugs for seniors. fort to make medicine more affordable nately, she doesn’t get any help And both of these articles ultimately for the Nation’s older people. through the various insurance cov- make the point that Congress probably What is sad is that our elderly are in erages she has. This is representative is not going to be able to agree on leg- effect hit by a double whammy. Mil- of what we have been hearing. She also islation during this session. The au- lions of them can’t afford their pre- goes on to point out that this large thors offer considerable skepticism scriptions. Medicare doesn’t cover med- stack of bills she sent me does not even about the ability of Congress to come icine. It hasn’t since the program include some of the over-the-counter together on a very difficult issue. Both began in 1965. drugs she is taking such as ibuprofen. These cases illustrate very well why of them, to some extent, go off into On top of the fact that seniors don’t our country cannot afford not to cover what I think are secondary questions— have Medicare coverage, when they prescription medicine. All of these ar- the questions of the role of the Inter- walk into a pharmacy—I see our friend from New Hampshire, our colleague ticles, including Time magazine, are net, and the question of patents on who has a great interest in health care. always questioning whether the Nation drugs. Those are important matters. As he knows, when a senior walks into can afford to cover prescription medi- But what is central and what the a drugstore in New Hampshire, Oregon, cine. I have contended for some time Congress needs to do on a bipartisan or Kentucky, and can’t pay for their now we cannot afford not to cover pre- basis is pass legislation that would prescription medicine, in addition they scription medicine. These bills I have make it possible for frail and vulner- are subsidizing the big buyers of pre- been reading from on the floor of the able older people to get insurance cov- scription drugs. The HMOs and the Senate show seniors can’t afford drugs erage that would provide for their med- health care plans are in a position to that help to lower cholesterol, help to icine. negotiate a discount. They get a break lower their blood pressure. These are For example, if you are an elderly on their prices. The seniors, people who drugs that help older people to stay widow who is 78, maybe having early are spending half their monthly income well. signs of Alzheimer’s, and you spend on prescriptions, are, in effect, sub- Prescription drug coverage for sen- more than half of your combined sidizing those big buyers. iors has been a priority ever since my monthly income of Social Security and The bipartisan Snowe-Wyden legisla- days with the Gray Panthers before I pension on prescription medicine— tion, fortunately, has been able to gen- was elected to Congress. Frankly, it is those are the kinds of letters that sen- erate a lot of interest in the Senate. much more important today than ever iors are sending to me—it is not going Senator SNOWE and I are proud to have because these drugs that so many sen- to help you a whole lot to get a 10- or the support. iors write that they cannot afford 15-percent discount because you shop For example, more than 54 Members today help seniors to stay well. The va- over the Internet. Certainly, the role of of the Senate—more than half the Sen- riety of anticoagulant drugs that help the Internet in prescription drugs is ate—are now on record saying they to prevent strokes, as I have com- going to be important. There will be a would support a tobacco tax to pay for mented on the floor of the Senate in lot of issues. But to provide relief for prescription drug benefits for older the past, might cost $1,000 a year for an the Nation’s older people, what Con- people. That strikes me as appropriate. older person to buy them to stay gress needs to do on a bipartisan basis Medicare spent more than $12 billion healthy. Compare that to the costs in- is pass legislation that provides insur- last year picking up the costs of to- curred if a senior suffers a stroke. If a ance coverage making it possible for bacco-related illnesses, and more than senior cannot get an anticoagulant older people to pay these big bills. Pat- 50 Members of the Senate are now on drug to help stay healthy and avoid a ent issues and the question of the record as saying they would be willing stroke, that senior might incur ex- Internet are matters that are impor- to support additional funding to help penses of more than $100,000. tant, but what is needed is legislation the vulnerable seniors from whom we The question for the Senate is, Are that provides real relief. are hearing. we going to help frail and vulnerable Part of the effort to win bipartisan Let me read a little bit from some of seniors with prescription drug coverage support for prescription drug legisla- these letters because I think they sum that will cost just a fraction of the ex- tion is coming to this floor and, as the it up. One I received in the last couple penses that will be incurred through poster says, urging seniors to send in of days from Grants Pass says: Medicare Part A, the hospital portion, copies of their prescription drug bills. No way can I afford to pay for my medi- and Medicare Part B, the outpatient Send them to each of us here in the cine. I did get a refill on Pepcid. portion, if the senior cannot get help Senate in Washington, DC. That is an important medication this and ends up getting sick and, very I intend to keep coming to the floor elderly woman is taking now in Grants often, incurring extraordinary ex- of the Senate and actually reading Pass, OR. penses?

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30561 The third letter I read comes from a people is now one of the top two or RESPONDING TO CRITICS OF THE woman in O’Brien, OR. She has spent three concerns in America—not just for NORTHEAST DAIRY COMPACT more than $2,000 through November of seniors but for all Americans; certainly Mr. LEAHY. Mr. President, I read an 1999 on her prescription drugs, and just for the sandwich generation. Perhaps a editorial this morning in the Wall in recent days she has taken on a job in young couple in their forties who have Street Journal that made incorrect hopes she will be able to pay for her to try to provide some assistance to a statements about both the distin- prescriptions. She is 78 years old. At parent who could not afford prescrip- guished majority leader, Senator LOTT, present, she has her Social Security tion medicine is following this issue. It and the Northeast Dairy Compact. In and Medicare. She now has taken on a is not just a seniors’ issue; it is an fact, the editorial was totally, factu- small job in hopes she will have the issue for families; it is an issue for the ally wrong. If the editorial writers funds to pay for her prescription medi- quality of life of our country. would have checked their facts, they cine. She writes that she hopes the The Snowe-Wyden legislation is a bi- would have known that. Snowe-Wyden legislation becomes law. partisan bill where more than 50 Sen- Basically, the writers used argu- Other colleagues have different ap- ators have already indicated they will ments of opponents of the Northeast proaches. We appreciate that. What is support the funding mechanism in pre- Dairy Compact, and they used those ar- important is we move forward to- scription drug coverage as one way to guments without any determination of gether. Let’s show the authors of all proceed. whether they are accurate or not. This these recent articles in Time magazine, I am sure our colleagues have other time they used the arguments to go in the New York Times, and various ways to go. But what is important is to after the distinguished majority leader other publications that are skeptical show the skeptics across this country and others who supported the compact. about whether the Congress can tackle who are writing in magazines and say- They have used the so-called facts a big issue such as this; let’s prove ing in news reports that nothing can be other times, but, again, they have al- them wrong. Let’s show, in spite of a done that we can come together on a ways used them in the same wrong ar- fairly polarized political climate in bipartisan basis and provide real relief guments. America today, when there is an im- for the Nation’s older people. I have referred many times to the portant program, this Congress can I hope seniors will, as this poster in- major GAO study that was issued on come together. dicates, continue to send copies of milk prices. I have referred to the de- I will keep coming to the floor and their prescription drug bills to us in tailed OMB study on the compact. Op- urging seniors to send in copies of their the Senate, each of us in Washington, ponents never offer any proof for their prescription drug bills. The poster lays DC, because I intend to keep coming arguments. I am fed up with the Com- it out: Send their bills to their Senator back to this floor again and again until pact being criticized as a back room in Washington, DC. The Snowe-Wyden we can secure passage of this legisla- deal because I remind everybody that legislation, SPICE, for the Senior Pre- tion. we actually had a vote on it, albeit in scription Insurance Coverage Equity I do not want to see the attention of the form of a cloture motion, but we Act, is a bill that, on a bipartisan the Senate diverted to questions of the had a vote on it on the floor of the Sen- basis, can be supported in the Senate. role of the Internet and patents and ate and a majority of Senators, Repub- If other colleagues have different ideas, the variety of matters because, while licans and Democrats alike, voted for let’s get them out on the table. Let’s they are important, they do not go to it. The majority voted for it this year. come up with a marketplace approach the heart of what is needed in this Now those who oppose it are using fili- to holding down the costs of medicine. These bills show access to coverage is country. What is needed in America for busters and parliamentary dodges be- very key, but holding down the costs of the millions of seniors who are spend- cause they know that they lost the medicine is very key as well. There is ing half of their income on prescription vote. a right way and a wrong way to hold drugs—and that is what I have been de- I am fed up with opponents attacking down those costs. The right way is to scribing on the floor of the Senate—is the compact as a special interest car- use a model such as the health care insurance coverage. They need cov- tel, a compact which is made up of system for Members of Congress. That erage which will pick up that part of family farms, considering the largest is what is behind the Snowe-Wyden leg- their insurance bill that goes for pre- opponent of the compact is Philip Mor- islation that provides choice, competi- scription drugs. That is what the ris, the tobacco giant which owns tion, and marketplace forces for hold- Snowe-Wyden legislation does on a bi- Kraft. The supporters are family farm- ing down medicine. partisan basis. ers; the opponent, Philip Morris. It There is a wrong way—the various We are going to keep coming back to does not sound as if the supporters are approaches that call for price controls. the floor of this body to talk about the really a cartel. The real danger behind price controls need for prescription drug coverage for I am fed up when opponents of the is that the costs for anybody who is not the elderly. There are bipartisan pro- compact say milk prices are higher in in the price control group will be shift- posals to do it. New England when typically milk ed on to other Americans who are hav- Mr. President, I yield the floor. prices are higher in Wisconsin and Min- ing difficulty paying for medicines as The PRESIDING OFFICER. The Sen- nesota than they are in New England. well. It would not be a particularly ator from Vermont. The places that do not have the com- useful thing for the Senate to come up Mr. LEAHY. Mr. President, what is pact and who are attacking it the most with a price control regime for folks on the parliamentary situation? charge their consumers more for milk Medicare and then have the costs shift- The PRESIDING OFFICER. The Sen- on average than the area that does ed over to a divorced woman who is 27 ate is conducting morning business have the compact. years old with two children who is until 2 o’clock. GAO did a study of this and they working her head off to try to help her Mr. LEAHY. I thank the distin- looked at milk prices during the first family and help them pay for expenses guished Presiding Officer. six months after the Compact was im- and then her bills would go up because The PRESIDING OFFICER. The mi- plemented. GAO found that consumers costs would be shifted to her. nority controls 5 more minutes. in New England were able to buy milk I intend to keep coming back to the Mr. LEAHY. Mr. President, I ask considerably cheaper than in Wisconsin floor of the Senate and reading from unanimous consent I be allowed to con- or Minnesota. The editorial writers and these bills. Today I have read accounts tinue for not over 10 minutes in defense opponents of the compact do not point from Medford, from Grants Pass, and of the distinguished majority leader this out. Why do they not point this from O’Brien. Seniors cannot afford following an editorial in one of our pa- out? Because it points to the success of today to cover prescription drugs. pers today. the compact and does not support the When public opinion polls are taken, The PRESIDING OFFICER. Without arguments made by the cartels that coverage of prescription drugs for older objection, it is so ordered. are opposed to it.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30562 CONGRESSIONAL RECORD—SENATE November 18, 1999 Let me read some examples from the going out of business, even though this cratic Governors. Major environmental GAO report. For example: In February, is comparing apples with oranges. Even groups have endorsed the Northeast 1998 the average price of a gallon of though the compact doesn’t have an ef- Dairy Compact. A New York Times and whole milk in Augusta, ME, was $2.47. fect on them, they say we should not National Geographic article discussed The price in Milwaukee, WI, was $2.63, have a compact in the Northeast. Let the importance of keeping dairy farm- and in Minneapolis, MN., it was $2.94 farmers in the Midwest set up their ers in business from an environmental per gallon. own compact. I would vote for a com- standpoint. Take another New England city, Bos- pact for them or any other reasonable Consumer prices are lower, farm in- ton. In February 1998, the price of a proposal that helps their farmers. Do come is higher, and no increased costs gallon of milk was $2.54 as compared to not condemn one section of the coun- to taxpayers. One wonders, why does Minneapolis, where the price, on aver- try that is doing fine and protecting anybody oppose it? age, was $2.94 a gallon. their farmers when, if they wanted to, One asks, why is it opposed? The an- Or let’s look at the cost of 1 percent they could do exactly the same thing swer is simple: Huge milk manufactur- milk for November 1997. In Augusta, in their own part of the country. ers, such as Suiza, headquartered in ME, it was $2.37 per gallon, the same I wish to mention for a minute what Texas, Kraft, which is owned by the to- average price for Boston and New the compact replaces. Opponents of the bacco giant Philip Morris, and other Hampshire and Rhode Island. But in compact prefer prices to be set by Fed- processors represented by the Inter- Minnesota, the price was $2.82 a gallon, eral bureaucrats. Supporters of the national Dairy Foods Association op- in other words, 45 cents more per gal- compact prefer pricing to be deter- pose the compact because they want to lon in the area that opposes the com- mined by consumers and local rep- keep the money themselves. They do pact as compared to the much lower resentatives, not by the Federal Gov- not want the farmers to have any of price in the area that has the compact. ernment. The Governors and legisla- these profits. I could go on and on and compare low tors in the six New England States had Even the most junior investigative New England retail prices with higher five goals in mind when they enacted reporter could figure out the answer. prices in cities outside of New England. All anyone has to do is look up the do- the compact into law in each of their I invite anybody to review this GAO re- nations made by these and other giant States. They wanted to assure fresh port. processors. All the negative news sto- local supplies of milk to consumers at There is another report on the com- ries about the compact have their gen- lower prices than found in most of the pact that was done by OMB. They esis in the efforts of these giant proc- Nation. They wanted to keep dairy issued a report which found the retail essors and their front organizations. milk prices in New England, after the farmers in business. They wanted to I say this again on the floor, just so Compact was in place, were, on aver- protect New England’s rural environ- people understand, because it was an age, lower than for the rest of the Na- ment from sprawl and destructive de- unfair editorial in singling out the dis- tion. velopment, and they wanted to do this tinguished majority leader of the Sen- The Wall Street Journal editorial without burdening Federal taxpayers. ate using facts which bear scrutiny. In- page writers have ignored both the The Northeast Interstate Dairy Com- deed, one of the corporation front orga- GAO report and the OMB report. Why? pact has delivered beyond the expecta- nizations, Public Voice for Food and These are factual and objective reports tions of those Governors and State leg- Health Policy, apparently could not that the Journal should have reviewed. islatures. The compact provided an continue to exist when it was obvious It is clear that our compact is work- added benefit. It has increased inter- that their policies were determined by ing perfectly by benefiting consumers, state trade into the region as neigh- corporate dollars rather than good pol- local economies, and farmers, some- boring farmers have taken advantage icy. They had to close up shop when thing that is not stated in the editorial of the compact. they lost their conscience. that attacked Senator LOTT. This great idea, coming from those I have detailed the close alliances be- I am especially fed up when oppo- six New England States, has created a tween their lead executive who handled nents say the compact blocks inter- successful and enduring partnership be- compact issues for them and the job he state trade in milk when OMB reports tween dairy farmers and consumers negotiated to represent the huge proc- the compact has increased the sales of throughout New England. essors a couple of times on the Senate milk into New England as neighboring Thanks to the Northeast Compact, floor. farmers in New York, who did not have the number of farmers going out of I will give the press another lead on the Compact, take advantage of it. business has declined throughout New the next public interest group whose OMB reported that while the Compact England for the first time in many funding should be investigated—the was in force for the first six months, years. Consumer Federation of America. In- there was an 8 percent increase in milk It is unfortunate that some still deed, one of their officers—formerly sales into the region. Instead of block- favor Federal bureaucrats running this from Public Voice—is being taken ing interstate commerce, I would say farm program. We ought to instead be around Capitol Hill offices by lobbyists an 8-percent increase in interstate blessing this compact. Here is some- representing processors. A glance at commerce is an 8-percent increase in thing not run by the Federal Govern- who funds their functions and efforts interstate commerce. ment, not costing the taxpayers any- will be as instruction as investigations I am fed up when opponents say the thing, but being done by the people of Public Voice. compact does not help dairy farmers who are affected by it. Indeed, half the Why should Philip Morris or Kraft stay in business, when it greatly in- Governors of the Nation, half the State want to use these organizations instead creases their income. My best guess is legislatures in the Nation, asked that of directly going to the editorial boards dairy farmers, just as wheat, corn, or the Congress allow their States to set of the New York Times or the Wash- soybean farmers, when their income in- their own dairy policy through inter- ington Post to badmouth the compact? creases, they are more likely to stay in state compacts that cost taxpayers The question does not need me to pro- business. I recognize the Nation’s nothing. It costs taxpayers nothing. vide the answer. major opponent of the compact, Kraft, Let me say it again: It costs taxpayers What would be the best attack— owned by Philip Morris, does not want nothing. Why do people oppose a pro- whether true or not—on the Compact farmers to have the additional income gram that is not costing taxpayers that might swing public opinion? the compact provides. But opponents of anything and affects just the people in It might be to simply allege that the compact should not argue it does the region who want it? milk prices are higher for children in not give farmers more income when, in This dairy compact passed with over- the school lunch program. Who would fact, it does. whelming support in almost all these the editorial boards more likely listen Opponents of the compact say farm- States—Republicans and Democrats in to regarding school children: a public ers in Wisconsin and Minnesota are the legislatures; Republican and Demo- interest group or a tobacco company?

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30563 The PRESIDING OFFICER. The Sen- Literally, if we allow the Internet to ity, in large part because of the Inter- ator from New Hampshire. be subject to this variety of taxes and net and the offspring of technology Mr. GREGG. Mr. President, are we in this variety of tax authorities, and the which it has created. morning business? imagination and creativity we always So we do not want to do anything The PRESIDING OFFICER. We are. see from various Government entities which jeopardizes the unique and spe- f when it comes to taxing, literally we cial international lead that we have in could end up stopping the Internet as INTERNET TAX MORATORIUM this area. Yet allowing thousands of an effective force for economic expan- Mr. GREGG. Mr. President, today different jurisdictions to tax the Inter- sion and prosperity. net would do exactly that. It would marks the 1-year anniversary of the Furthermore, the concept of taxing jeopardize that lead and undermine Internet tax moratorium and the set- the Internet, which is clearly a na- and, as I said, possibly bring to a com- ting up of a commission to look into tional and really a global instrument plete halt the use of the Internet as an the manner in which we tax the Inter- of commerce, appears, to me at least, element of commerce. net. This moratorium was to last for 3 to fly in the face of our Constitution. years, and the commission was to meet The commerce clause of our Constitu- The third thing we must be sensitive and begin the process of trying to de- tion is pretty specific. Section 8, clause to in this area of the Internet is the termine how best to deal with the vari- 3, of the Constitution reads: international implications beyond the ety of proposals to place taxes on the The Congress shall have Power . . . To reg- questions of trade. It has been sug- use of the Internet, products which are ulate Commerce with foreign Nations, and gested by people at the U.N. that the sold over the Internet, and services among the several States, and with the In- U.N. should start to fund itself by put- which are supplied over the Internet. dian Tribes. ting in place a tax on e-commerce and Obviously, the Internet represents a There can be nothing that is a form e-mail. At first it was an outrageous watershed mark possibly in history as of commerce more among the several suggestion, but it is the type of sugges- to economic activity. It is a period in States than the Internet as it presently tion you get at the U.N. from people which we have seen the Internet be- is expanding, growing, and becoming a who represent nations which maybe do come an economic engine of immense force for economic activity. not have as much of a financial inter- proportions for our Nation and for the Thus, the taxing of the Internet by est in it as we do and know that we world. The Wall Street Journal re- all these different entities would clear- would end up paying the tax, our Na- ported on October 18 that electronic ly, in my opinion, raise serious con- tion would end up paying the burden. commerce not only positively affects stitutional problems. In fact, the Su- But the fact that has been suggested is economic activity but has had a very preme Court addressed this issue when just a sort of crack of the door behind positive impact on reducing the rate of it came to catalog sales in the Quill which, if it were fully opened, you inflation. case, where the Supreme Court essen- would see an international initiative of Products sold over the Internet are tially ruled that States, unless they significant proportions to place taxes actually forcing down prices as com- have a nexus relationship with the sell- on the Internet. petition occurs and products, such as er of the assets, do not have tradition- prescription drugs, have been found on ally the ability to tax that transaction. As a result, if we have essentially the Internet to be 28-percent cheaper Secondly, Congress needs to look at come to the table, having already and apparel 38-percent cheaper. The the issue of taxation because of the ex- soiled our hands with taxing the Inter- overall index found that products gen- traordinary, as I have mentioned, net, it will be very extraordinarily dif- erally were about 13-percent cheaper on chilling effect it would have on com- ficult for us to resist, whether it is the the Internet. The Internet has not only merce generally. We, as a nation, as U.N. or whether it is some other nation been a wonderful economic engine; it the creators and inventors of the Inter- that also tries to pursue this course of also has been a force for maintaining net and, therefore, controllers not only action. It is essential, for the purposes and controlling inflation during this of the initial and expanding tech- of seeing an expansion of this tech- period of dramatic prosperity. nology, but also of the language which nology and this form of economic ac- Of course, the Internet is growing at dominates the Internet, have put our- tivity, that we dampen down and re- an incredible rate. Over the last 12 selves essentially as a nation on a strict and as aggressively as we can re- months, Internet economic growth has rocket sled of economic activity. We sist having other nations pursue the been about 68 percent, which is a huge have expanded and accelerated at an path of taxation of Internet trans- rate of growth compared to a national extraordinary speed past the rest of the actions. economic rate of growth which is some- world towards economic prosperity. Obviously, the U.N. has no right to where in the 3- to 4-percent range, if we I recall, rather vividly, in the late step into this ground. In fact, as chair- are lucky. The role of the Internet in 1980s when the ‘‘woe is me’’ crowd was man of the appropriating committee our society is immense today and is saying that Japan was going to over- that has jurisdiction over the U.N., I getting even more significant. take the United States in all functions put specific language into an appro- The question is, How do we deal with of economic activity, and that our eco- priations bill, which hopefully will pass it in the context of taxes? There is a nomic model for prosperity simply today, that says the United States will large number of communities and a could not compete with the Japanese not spend any money at the U.N. number of States in this country that economic model of prosperity, which should the U.N. pursue this course of wish to assess on Internet transactions was intimidating and which remains action, which I am sure they will not. their local sales tax activity, much the significant. This was some idea put forward by same as they attempt to assess catalog But the fact is that it did not work somebody there, but I do not think it sales. There are something like 30,000 out that way. It did not work out that speaks to the majority at the United jurisdictions which could assess taxes way because America’s strength is our Nations. on the Internet. entrepreneurship and our inventive- The effect, of course, of having this ness. We took that entrepreneurship But those are three core reasons why diffuse and extraordinarily large group and inventiveness and we created this we have to be extraordinarily sensitive of taxing authorities—50 States and massive new vehicle for economic ac- to what the tax policy is relative to the 30,000 subjurisdictions of those States— tivity called the Internet. Thus, in- Internet. with a potential of taxing the Internet stead of being overwhelmed by our The reason I raise this is because it at various rates could, quite simply, friends and neighbors and allies in the took 8 months for the Internet com- grind to a halt this wonderful engine of industrial world, we have, instead, ex- mission to get started. That was not economic activity and prosperity into ploded past them in the ability to their fault. Really, it was the fault of which our Nation has gone. produce prosperity and economic activ- those bodies which had the obligation

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30564 CONGRESSIONAL RECORD—SENATE November 18, 1999 of appointing membership to the com- we would obtain by allowing a large publicans. So all of us who came in mission. Actually, under Governor Gil- number of different States or munici- that year immediately got seniority more, this commission has done an ex- palities to start taxing the Internet for because there were not any other Mem- cellent job of meeting. Governor Gil- the purposes of expanding their local bers around. more’s position relative to taxation governments. I got to be the ranking member on over the Internet is exactly the posi- It is the classic situation of the goose the dairy subcommittee my first year. tion that should be pursued. However, I that lays the golden egg, to say the During that time, some 24 years, one am not sure he has a majority position least. We have confronted a goose that thing I could be assured of was that within the commission. I hope he does. is laying a lot of golden eggs for Amer- any time something was going to come But in order for us to assure this ica, and for the prosperity of America, to the benefit of the dairy farmers, the threat to our commerce does not occur, and for the opportunity of America to Wall Street Journal, the New York I believe we should extend this morato- create jobs. For America to maintain Times, and the Washington Post would rium. Since we had at least 8 months of its place as a world leader, we should all write adverse editorials. Why is delay before we got this commission up not make the mistake of maybe not that? Well, do the dairy farmers buy and running, I think we should have an cutting off the goose’s head but any advertising in these newspapers? extension which recognizes that the nicking that goose with thousands of Of course, they don’t. Who does buy the commission should have the full 3-year different taxes which may cause it to, advertising? It is those who purchase period; therefore, we should extend the unfortunately, stumble or even be milk. What is their motivation? To moratorium for another year, at a min- stopped as a result of allowing the cre- keep the dairy farmers getting the imum, on the Internet. ativity and the imagination of our var- least money possible so they can maxi- I happen to think it should be ex- ious government units across this Na- mize their profits. And they have done tended beyond that, well beyond that, tion to begin to tax the Internet. a masterful job. because I believe certainty in the area So I hope as we wrap up this session But they also have a propensity, ei- of taxation is one of the key issues for we will consider this. Obviously, we ther because they, without any check- maintaining economic activity. If peo- probably are not going to get it in this ing, believe everything told to them by ple participating in an economic activ- major omnibus bill, although I tried to the processors who pay for their ads or ity can predict what their tax obliga- do that and it was rejected in com- they just ignore the truth. The Wall tions are and what the tax implications mittee—an extension of the Internet Street Journal article of this morning will be to an economic initiative, then moratorium. was a very typical example. I will run they are much more likely to be will- I do hope when we come back next through some of the facts that were ing to invest capital and take the risks year this will be a priority item—to utilized in this great paper to point out necessary to pursue that initiative. make it clear, to make an unalterable the errors. But if they cannot predict their tax li- statement to the community which is First of all, they make statements ability, then that limits and dampens developing and promoting this incred- which are just not true. They say we down the desire to put capital and take ible engine of prosperity that we are have to have a compact because our risks in a certain economic activity. not going to stop them by turning farmers are less efficient than the Mid- We have seen that historically. loose the forces of government and tax- western farmers. Well, that is abso- So I do believe very strongly that we ation on them. lutely not true. Both are very efficient. should not only be extending this mor- Mr. President, I yield the floor. The differences in the two areas are atorium for a year but that we should The PRESIDING OFFICER. The Sen- dramatic, but they are not relative to be extending it for a series of years be- ator from Vermont. efficiency. Obviously, the Midwest yond the 3-year moratorium that pres- f farmers have an advantage because ently exists. they are closer to the grain markets. Let’s face it. The economic benefit EXTENSION OF MORNING They have more people producing which this Nation has seen as a result BUSINESS cheese, and they have soils that are of this truly revolutionary event—in Mr. JEFFORDS. Mr. President, I ask preferable to many of the other areas the history of economics, I suspect this unanimous consent that the period for of the country, especially New Eng- is going to go down with the industrial morning business be extended to the land. So they have an advantage, not a revolution as one of the most signifi- hour of 2:30 p.m. and that the time be disadvantage, by being not only effi- cant turning points in the history of equally divided in the usual form. cient—and I don’t think our farmers prosperity and the way nations gen- The PRESIDING OFFICER. Without are any more efficient than theirs erate wealth. objection, it is so ordered. —but having lower costs to start with. The benefits which we, as a nation, Mr. JEFFORDS. Mr. President, I So to make the statement that it is all have obtained as a result of this, as a yield myself such time as I may con- based upon inefficiency is absolutely result of being the incubator, the de- sume, or whatever. ridiculous. veloper, and now the provider in exper- f Then this statement: Never mind tise in the area of the Internet, and the that this milk costs consumers to the use of the Internet for commerce, the THE NORTHEAST DAIRY COMPACT tune of about 20 extra cents a gallon. benefits which we have received, as a Mr. JEFFORDS. Mr. President, I will This is absolutely false. In fact, one of nation, are basically incalculable: the take a moment to react to an editorial the ironic aspects of this whole argu- amount of new jobs which have been which I read this morning in the Wall ment occurred back when the compact created; the number of people whose Street Journal which had so many er- first went into effect and the Mid- standard of living has been increased; rors and erroneous comments that it western farm representatives said: We the number of people who have been shocked me to find out that such a fine will show them. We will show that this able to purchase goods at less of a newspaper as the Wall Street Journal is all due to efficiency and all those price; and the number of people who would carry this. kinds of things. So they asked OMB, have simply had a better chance to par- I have been in Congress now 24 years, not GAO or whoever else. Why? Be- ticipate in prosperity. and as a result of unusual cir- cause OMB was sympathetic to the ad- The Nation as a whole has seen eco- cumstances, for many years I had been ministration at that time and they nomic activity and economic pros- sort of the leader of dairy for the Re- wanted help from the White House to perity that has been a blessing to ev- publicans in the House. That occurred try to back up their arguments. eryone, in large part because of this because I was elected during the Water- Well, what happened? OMB did an huge expansion in e-commerce and in gate year. During the Watergate year, analysis of the impact of the compact the Internet as a force. Those benefits there were 92 freshmen Representatives and found out just the opposite. Do we dramatically exceed any benefit which who were elected and only 16 were Re- hear them quote that anymore? No. I

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30565 have to bring it up every time. They significantly better price overall. They Southeast, being able to produce milk still—either their friends in the news- were happy. The processors got a fair at reasonable prices. But they are papers that make the money off adver- price, and they haven’t screamed, those doing very well. They want to form a tising or sometimes they do it them- that are participating in it. It is a good compact. The same is true in other selves—ignore the fact that the study system. That is the problem with it. It parts of the country. What is wrong they asked for came back saying that, is a good system. with people in the region getting to- contrary to what they were telling peo- Why does that scare the processors? gether and deciding how to do it? ple, actually the consumers in New They would rather get the lowest price Another argument raised, which will England, where the compact was in ef- possible to pay to the farmers and so be one for other editorials, is that it fect, paid 5 cents less a gallon—not 20 they have lost that control. But to the causes higher prices for WIC—Women, cents more a gallon, 5 cents less a gal- Midwest, it shakes them up because Infants and Children—and food. That is lon—than the average in the rest of the what was their dream? Their dream all taken care of by the commission. country. But they still print something was that all of the dairy farmers in the Farmers in the Midwest, right now, on which they know is absolutely incor- United States would go out of business an average, receive significantly more rect. except in the Midwest. And they are so in the checks they get on a weekly or Also, for a conservative newspaper sure they could provide all the milk monthly basis—what they call the such as the Wall Street Journal—I the country needs, so why do we not ‘‘mailbox price.’’ They do better than wouldn’t give that same label to the put them out? the rest of the country. So they are not New York Times and the Washington Well, the commission worked. The the ones suffering. They have advan- Post—the Wall Street Journal should price to consumers has gone down, the tages, as I pointed out, in cost of pro- recognize that all of these States, all farmers are getting a fair price, and duction and those things. They are six States, are taking advantage of the the processors are not being injured in doing well. They just want to be sure Constitution which says that States any way. That is why 25 States, now a they can perhaps have a better future can, if they want to, ask Congress for total of 25, including New England, by shipping more milk. permission to create a commission to have said that is a great idea. Every- Incidentally—and I will leave you allow them to join together to sort of body is happy. What a wonderful situa- with this because the statements are control or impact interstate com- tion. that this is somehow infringing on merce. The processor is happy, consumers commerce and the ability of people to Well, the States have the right to do are paying less in price, and everybody sell—they can bring their milk down that and the States did do it. The New is happy. So why don’t we join? Well, now and sell it in the New England England States got together and said: that, of course, has now made it a big area. Why don’t they? It costs too Well, let us take a look and see what threat to the Midwest. Because if the much to ship it down there. But the we can do to have a more organized whole country goes to compacts, the market is open; it is not closed out. pricing system. One has to understand farmers will stay in business, and the There are no barriers built up to where a little bit about how the farming goes. market expansion that the Midwest the farmers can ship milk. In fact, the If you are a dairy farmer, you have was hoping for won’t occur. New England compact is in place right milk and you have to get rid of it. It is That is why we are here today. The now, but a great deal of the milk comes going to last about 3 days before you States have recognized that it is essen- from New York, Pennsylvania, New will have to throw it out. So you are at tial to make sure their farmers sur- Jersey, and wherever else anyone the mercy of the market. You can form vive. Why is that? The basic concept of wants to ship it. cooperatives and things such as that, the law right now, from the 1930s and The New England area itself is a neg- but no matter what you do, the milk rewritten in the Farm Act of 1947, said ative producer. So we depend upon has to go somewhere or it is going to it is critical that we ensure that every milk coming from other areas. When spoil. area of this Nation has an adequate you come in, you know you are going The thought was, instead of leaving supply of fresh milk. That is basic law; to be bound by the price that is estab- ourselves at the mercy —and this is the that is, to make sure that when you go lished by the commission. That, again, basic part of the situation—of the proc- to your store, there is always some represents consumers, producers, the essors, the people who buy the milk, fresh milk for you there. That is the dairy farmers, the processors, the peo- who can sit there 21⁄2 days and say: basic law. All these States that are ple who buy it, and it protects pro- Well, it is going to be worthless tomor- going into compacts are saying: We grams such as WIC. It is working so row; I will give you 5 cents a gallon— want to make sure that our area of the well. That is the problem. well, it never gets quite that bad, but country has an adequate supply of Just remember, the reason for all the that is the kind of power they have. fresh milk, and we ought to be able to controversy right now is that this pro- They don’t want to lose that power. do that. So that is what the real fight gram is working so well for consumers, They want to be able to dictate to the is about. processors, and the producers, and it is dairy farmers the price they are going We have already had the editorial I a danger to those who want to do away to get. The New England farmers got anticipated in the Post. The Wall with our local farming businesses. together and worked with their various Street Journal came through right on Mr. President, I see no other Member legislators and decided, why don’t we time with one I anticipated. Theirs is present, so I suggest the absence of a set up a commission that would have so incredibly inaccurate in what they quorum. consumers represented, processors rep- cite, it was a little embarrassing, on The PRESIDING OFFICER (Mr. resented, farmers represented, and the behalf of the paper, to read that. I ex- VOINOVICH). The clerk will call the roll. general interest of the public rep- pect the New York Times will follow The assistant legislative clerk pro- resented. We will set what the price suit probably in the next couple of ceeded to call the roll. will be, keeping in mind that we don’t days. Ms. COLLINS. Mr. President, I ask want to end up with a huge surplus. We I want to make sure these facts are unanimous consent that the order for want to make it fair but make sure the out there. What this Nation needs is the quorum call be rescinded. consumers don’t lose on this—in fact, stable farming. We all love our farm- The PRESIDING OFFICER. Without maybe even gain—and the dairy farm- ers. I can’t think of Vermont or New objection, it is so ordered. ers will gain because they will have a England without the cows on the hill- Ms. COLLINS. Mr. President, I ask stable market situation. side. I can’t think of what the South- unanimous consent that I be permitted It worked so well that, as I said, the east would be without the ability of to proceed as in morning business for price to consumers actually went their farmers to produce milk. And not to exceed 10 minutes. down. I could speak at length on that, they have, because of the weather situ- The PRESIDING OFFICER. Without but it went down. The farmers got a ation and all, special problems in the objection, it is so ordered.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30566 CONGRESSIONAL RECORD—SENATE November 18, 1999 Ms. COLLINS. Thank you Mr. Presi- matter of states rights. We often hear pictures of those young children being dent. of criticism of the inside-the-beltway led away from the scene of the tragedy Mr. President, I rise today in strong mentality that tells states, we here in were heart wrenching. support of the reauthorization of the Washington know better than you, But since Columbine, more than 2,000 Northeast Dairy Compact. I am pleased even on issues traditionally under more children have died from gunshot that it appears Congress will accom- state and local control. Mr. President, wounds, about 12 to 13 a day, in inci- plish this vital task before we adjourn that is wrong. In the Northeast Dairy dents of gun violence that go relatively for the year. Compact, we have a solution that was unreported and with outcomes not so The reauthorization of the Compact approved by all the legislatures and public. These incidents will never stop is more critical now than ever before. governors of the New England States. until we do something to stop them. The U.S. Department of Agriculture re- It is supported by every state commis- The death rate will never be dimin- cently predicted that milk prices for sioner in the region and overwhelm- ished unless we stand up and take ac- dairy farmers will be reduced 40 cents ingly—if not unanimously—by North- tion. per gallon in December as a result of eastern dairy farmers. We in Congress When will the Congress realize that the announced drop in the basic for- should not be an obstacle to this prac- the time has come to move forward? mula price this past week. This trans- tical, workable, local solution. The conference committee, which was lates into a 30 percent reduction in I urge my colleagues to refrain from appointed at the last minute before the blend prices in December and will con- holding up this critical measure for August recess, has met but once, over 3 tinue on into next year with additional Maine and for our Nation’s dairy farm- months ago. No issues have been re- declines in prices expected throughout ers. To small farms in my State and in solved. The entire juvenile justice bill the winter. The Dairy Compact will states throughout New England, this is remains in doubt, in limbo. blunt the 40 cent per gallon drop in not just a matter of profit margins; it Democrats in both Houses have been farm milk prices by one-half and will, is a matter of their survival. ready and willing to meet for months. by itself, make the difference between I yield the floor, and I suggest the ab- Democrats are ready to discuss the continuing in business and closing sence of a quorum. merits of our differences and to rec- down for many small dairy farmers. The PRESIDING OFFICER. The oncile them. The time has come to stop The Northeast Dairy Compact is a clerk will call the roll. running away from the issue of gun vi- proven success and is critical to the The assistant legislative clerk pro- olence. The time has come to enact survival of dairy farmers in Maine and ceeded to call. some meaningful provisions to stem throughout New England. The Compact Mrs. FEINSTEIN. Mr. President, I this tide of violence sweeping our has a proven track record of quantifi- ask unanimous consent that the order schools and to institute some much- able benefits to both consumers and for the quorum call be rescinded. needed change to the system of juve- farmers. The Compact works by simply The PRESIDING OFFICER. Without nile justice in this Nation. evening out the peaks and valleys in objection, it is so ordered. The Senate spent more than a week fluid milk prices, providing stability to Mrs. FEINSTEIN. Mr. President, I in May debating and voting on dozens the cost of milk and ensuring a supply ask unanimous consent that I be able of provisions to stem the tide of youth of fresh, wholesome, local milk. The to speak in morning business. violence in this country and to try to Compact works with market forces to The PRESIDING OFFICER. Without curb the flood of guns reaching chil- help both the farmer and the consumer. objection, it is so ordered. dren and criminals. But still we have As prices climb and farmers receive a f faced delay after delay, and the delays sustainable price for milk, the Com- come in many forms—political maneu- JUVENILE JUSTICE BILL pact turns off. When prices drop to vering, parliamentary tactics; for ex- unsustainable levels, the Compact is Mrs. FEINSTEIN. Mr. President, ample, my clip ban was blue slipped, triggered. The Compact simply softens today is November 18. It has been al- and other tactics. the blow to farmers of an abrupt and most 6 months since the Senate passed Enough is enough. It is time to come dramatic drop in the volatile fluid the juvenile justice bill and more than together to make some tough decisions milk market. 5 months since the House followed suit and move forward with the Nation’s It is important to reiterate that con- with its own legislation. business. No longer can we stand by, sumers also benefit from the Compact. Since that time, the students at Col- and I hope the Nation will not let us Not only does the Compact stabilize umbine High School went home. They stand by, to allow the National Rifle prices, thus avoiding dramatic fluctua- spent a summer trying to heal the Association to dictate the legislative tion in retail cost of milk, it also guar- wounds of one of our Nation’s greatest needs of this Congress. The future of antees that the consumer is assured of tragedies, and they returned to school this bill rests squarely with the Repub- the availability of a supply of fresh, more than 2 months ago. lican leadership in both the House and local milk. Let’s remember that under Many of those students touched by the Senate. They have said they want the Compact, New England has lower the tragedy even came to Washington to make progress with our gun laws, retail fluid milk prices than many re- to plead for our help. Yet this body has and they have it within their power to gions operating without a Compact. done nothing to stop future incidents do so. Moreover, the Compact, while pro- of gun violence and nothing to fix our The Senate-passed juvenile justice viding clear benefits to dairy producers broken juvenile justice system. bill is not an overreaching statement and consumers in the Northeast, has The Columbine incident shocked this of where we want to go with gun con- proven it does not harm farmers or tax- Nation and, I believe, this Congress. trol. I, for example, believe we should payers from outside the region. A 1998 Watching events unfold on television have universal registration and licens- report by the Office of Management made even the most skeptical observ- ing of firearms, and in the next session and Budget showed that, during its ers realize that something should be I will introduce my legislation. I be- first 6 months of operation, the Com- done about gun violence. We have wit- lieve we should allow the Federal Gov- pact did not adversely affect farmers nessed a number of other instances of ernment to set safety and consumer from outside the Compact region and gun violence in the media since then. standards for guns, and I believe we added no federal costs to nutrition pro- In Atlanta, we saw a depressed day should ban outright possession of mili- grams. In fact, the Compact specifi- trader gun down his family and col- tary-style assault weapons. But none of cally excepts the Women, Infants, and leagues. In California, a bigot killed a these measures were even discussed in Children (WIC) program from any costs postal worker just because he was Fili- the Senate debate. related to the Compact. pino, and then wounded five others in The provisions, rather, are very The reauthorization of the Northeast the North Valley Jewish Community small in our bill. They are reasonable, Dairy Compact is also important as a Center in Granada Hills. Again, the and they can make a difference in the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30567 lives of our children. None of them are mayor of a great city. You know this ing a failing grade from the American controversial, and every one of them, to be the fact. This is an important people. There is still time to buckle by virtually every poll, has a dominant part of this legislation. down, to do the work, to pass the test majority of the American people sup- It also contains the James Guelff that this Nation gave us so many porting them. Let me describe what I Body Armor Act which contains re- months ago. What a wonderful Christ- am talking about. forms to take body armor out of the mas gift it would be for the people of That bill contains just four common- hands of criminals and put it in the America. sense provisions to address gun vio- hands of police. It is named after a San I thank the Chair and yield the floor. lence. Does anyone in this Nation truly Francisco police officer by the name of The PRESIDING OFFICER (Ms. COL- believe juveniles should be able to buy James Guelff who went to a call at the LINS). The Senator from Montana. assault weapons? The answer is going corner of Pine and California Streets Mr. BAUCUS. Madam President, I to be no. That is one provision in Sen- and came across a Kevlar-clad sniper ask unanimous consent to speak as in ator ASHCROFT’s bill which would pro- with thousands of rounds of ammuni- morning business. hibit juveniles from possessing assault tion and a number of guns. He had a .38 Mr. BYRD. Reserving the right to ob- weapons. revolver. As he speed loaded his re- ject, and I will not object, would the Does anyone in this country truly be- volver, this officer was shot in the head Senator mind stating how long he lieve the children from Columbine who and killed. It took 150 police officers to wishes to speak? went to a gun show and bought two as- equal the firepower of one sniper clad Mr. BAUCUS. I would be very happy sault weapons as juveniles with no in- in Kevlar with high-powered weapons. to tell the Senator. Less than 10 min- formation, no data check, no nothing— The Senate bill also establishes a utes. does anyone believe that loophole new $700 million juvenile justice block Mr. BYRD. I have no objection. I should not be closed? I do not believe grant program for States and local- thank the Chair and thank the Sen- so. ities, representing a significant in- ator. In Memphis, TN, not too long ago, a crease in Federal aid to the States for The PRESIDING OFFICER. Without 5-year-old took a pistol off his grand- juvenile crime control programs. These objection, it is so ordered. Mr. BAUCUS. I thank the Senator. father’s bureau and brought it to kin- programs include additional law en- dergarten to kill the teacher because forcement and juvenile court per- f the teacher had given that child a sonnel, juvenile detention facilities, SATELLITE TV ACCESS TO timeout the day before. Stories are le- and prevention programs to keep juve- NETWORK PROGRAMMING gion about children mistaking real niles out of trouble before they turn to Mr. BAUCUS. Madam President, I guns for play guns and shooting their crime, something both of us know, as would like to make a few remarks friends. past mayors, is vital if we are going to about a serious problem for people in The third provision is simple. It reverse juvenile crime in this country. our country who do not live in our Na- would require a safety lock with every The bill encourages increased ac- tion’s cities; that is, the loss of sat- gun sold. Does anyone believe guns countability for juveniles, and it im- ellite TV access to network program- should not be sold without safety plements a series of graduated pen- ming. locks? I do not believe so. alties that ensure that subsequent of- We all know that modern technology Finally, there is my provision which fenses are treated with increasing se- has made it possible to broadcast TV would plug a major loophole in the 1994 verity, so that if you are going to be a programming directly from satellites. assault weapons legislation. That legis- continuing offender, the sentences are Nationwide, over 11 million households lation, in fact, says you cannot today going to reflect that. subscribe to satellite TV. That number manufacture, transfer, sell, or possess The bill also reforms juvenile record increases by over 2 million households a clip, drum, or strip of more than 10 systems through improved record keep- every year. bullets manufactured in the United ing and increased access to juvenile Rural areas have come to depend on States. That is the law today. The records by police, courts, and schools, network coverage that satellites pro- loophole is to permit the foreign im- so that a court or school dealing with vide. portation of these clips, and they are a juvenile in my State, California, can In my State, Montana, where over 35 coming into this country by the tens of know if they have committed violent percent of homes depend solely on sat- millions with literally tens of thou- offenses in Arizona, or a juvenile in ellite broadcasting for their TV recep- sands of them in drums of 250 rounds. your State, Ohio, had committed vio- tion, obviously this development has They come in, as a matter of fact, from lent offenses in another surrounding been a real boon. the United Kingdom, and they come in State. While satellite broadcasting has im- from 20 different countries throughout It extends Federal sentences for juve- proved the quality of life for folks in the world. niles who commit serious violent rural America, it has not been perfect. My provision would simply close that crimes. Satellite systems have not been able to loophole and prohibit the importation. All of these commonsense provisions carry local broadcast stations. So local It actually passed the House by unani- now remain in legislative purgatory. I viewers have not always been able to mous consent, and both the Speaker am here to urge, once again, the major- get local broadcasting. and the chairman of the House Judici- ity to proceed with the conference, This is not just a problem for sat- ary Committee have assured me per- come to a compromise, and move this ellite subscribers; it is a problem for sonally that they see no problem with bill. That compromise should preserve local television broadcasters and for it and would support it. intact the Senate-passed gun control the fabric of local communities. Local These are the four provisions relating legislation—four targeted measures— broadcasters play a key role in our to guns. Other than that, this bill con- commonsense, reasonable; I call them communities. They provide local news, tains countless provisions to stem the no-brainers. Every poll shows a domi- local weather, and public service pro- tide of youth violence. I sit on the Ju- nant majority of Americans supporting gramming. diciary Committee. I have worked on each of these. And they represent to- Viewers depend on these local broad- this bill. I have worked on it with Sen- gether a bare minimum of what we casts to find out what is going on in ator HATCH. Part of this bill is a gang should do this year to stem the gun vi- their community: When the school abatement act. It provides a Federal olence that is increasingly common on board, the PTA, and the city council helping hand to local law enforcement our streets and in our schools. are meeting, or when there is a parade agencies to fight criminal street gangs School has now been back in session or a fundraiser for their church or a that are now crossing State lines and for several months, and this Congress civic group. moving into so many of the cities of is about to adjourn for the year. So far, Local broadcasters are vital to our our Nation. You, Mr. President, were it looks as if we are going to be receiv- communities. They provide jobs, and

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30568 CONGRESSIONAL RECORD—SENATE November 18, 1999 they allow local businesses to grow on this conference report. They say: We generally run between 5 and 20 min- through advertising. In short, the im- promise to have more hearings. We utes. portance of local broadcasting is evi- should have another committee look at The Department of Labor does recog- dent in all parts of community life. this. nize that employers have the flexi- Local broadcasters also provide net- They might as well say: Let them bility to determine the number of work programming: NBC, ABC, CBS, watch the radio. breaks and the length of breaks that and FOX. Nineteen of the 20 TV sta- The Senate should act now to ensure they offer to their employees. The De- tions in Montana are affiliated with that the conference report language be- partment of Labor has taken the posi- some of these networks or with PBS. comes law. It is clear the majority of tion that when an employer allows its These stations air national news, the Senate is ready to vote to approve employees to take a short break and an sports, and entertainment at times of the measure, just as the House did. In- employee abuses the break time policy the day when people with jobs and kids stead, we are offered a weakened by exceeding the time that the em- can watch them. version attached to the omnibus appro- ployer allotted for the break, the em- Without local broadcasts, you might priations bill, which we will get some- ployer must still compensate the em- miss the evening network news because time soon, and a weak promise to do ployee for the first 20 minutes of the it comes on before you get home from something next year. break. work or because it airs late at night. This is a no-brainer. There are many Further, the Department of Labor People want local network coverage people in rural America who would like has taken the position that if an em- because it works in their own lives and to add satellite TV, network program- ployer offers its employees a compen- sable break of less than 20 minutes in in their local community. ming from their local stations. It is duration, and an employee’s break Until now, technology has not pro- that simple. We have it within our time exceeds the time that the em- vided for rebroadcast of local signals power today to very simply pass a pro- ployer allotted for the break, then the by satellites. Many rural residents vision and provide for the financing, a employer’s only recourse against the have not been able to get decent recep- loan guarantee. We all know it is going employee is disciplinary action (such tion over the air. to pass. We all know we are going to do as a reprimand or termination), or Of course, we in the Senate cannot it. But there is one Senator who wants elimination of the rest period. change technology or geography, but it in his committee. And I say, that Under the agreement I reached with what we can do is change the law. We one Senator represents a State where the Secretary, the Department of can make local-into-local broadcasting there are a lot of people who I think Labor will conduct a complete review a reality, and we should. want local-into-local broadcasting of its policy regarding unauthorized Last spring, we passed H.R. 1554. At from the satellites. breaks. That review will be completed the time, we neglected an important There are millions of Americans who by February 1, 2000. Upon completion responsibility. The language we passed depend on their satellites and want of the review, the Department of Labor would have required the turnoff of net- local network coverage—not national will submit its findings in writing to work programing to many rural sat- network coverage—or at least the op- the Chairman and Ranking Members of ellite viewers. It would have done noth- tion to get both local and national. the relevant committees in the House ing to help the many local broadcasters This is a no-brainer. I get more mail and the Senate. The review will include in smaller cities and towns. It was an on this subject than any other subject. consideration of what outcome is in oversight. I daresay, Madam President, you prob- the best interest of the employee if the Following the vote, I wrote a letter ably get a lot of mail on this subject, employee exceeds the allotted time of a to the conference asking they pay at- too. I know a lot of Senators probably rest period/break: disciplinary action tention to the needs of the many view- get as much mail on this one subject as against the employee (such as a rep- ers, communities, and stations that any other. And we can simply solve it rimand or termination); elimination of had been ignored. Twenty-three of my today very easily. It makes no sense the rest period/break option; or deduc- colleagues, from both sides of the aisle, for us not to. tions of compensation for the time in signed the letter. Madam President, I yield the floor. excess of the allotted break time. As you know, Madam President, the f Also, the Secretary committed the conference on the satellite bill has paid NOMINATION OF T. MICHAEL KERR Department of Labor will assure that little attention to our request. The lan- the resolution of any cases in which guage of the conference report, now ti- Mr. NICKLES. Madam President, I unauthorized break times are at issue, tled the ‘‘Intellectual Property and want to make a few comments regard- will be consistent with the findings in Communications Omnibus Reform Act ing the nomination of T. Michael Kerr their review. of 1999,’’ includes some important new to be Administrator of the Wage and This is an important review of what provisions. Hour Division of the Department of is clearly an outdated policy. I look It does allow satellite viewers in poor Labor. I held up this nomination until forward to the outcome of their review, reception areas, the so-called ‘‘grade B I could secure an agreement regarding and I thank the staff at the Depart- contour’’ viewers, to continue to get the issue of unauthorized break time ment of Labor for working in good network programming from satellites. from the Secretary of Labor, outlined faith with my office, and the Secretary Without this, many satellite viewers in a letter I will submit for the for working to a quick resolution of will lose their network TV at the end RECORD. this issue so this nomination can move of next month. The need for this agreement with the forward. It also includes a loan guarantee that Secretary was precipitated by a case I ask unanimous consent that a let- will make it possible for all local sta- pending before the Wage and Hour Di- ter from the Secretary of Labor be tions to broadcast on satellite, not just vision regarding an employee exceed- printed in the RECORD. those in the very largest cities and ing the allotted time for a rest/period There being no objection, the letter towns. break, and an employer deducting from was ordered to be printed in the Without this, the other local-into- the employee’s compensation the time RECORD, as follows: local provisions of the act are an taken in excess of the break time. SECRETARY OF LABOR, empty promise to rural and small town The Fair Labor Standards Act does Washington, DC, November 18, 1999. America that depends on satellites. not require employers to provide its Hon. DON NICKLES, Last week, the House passed the con- employees with a rest period/breaks. U.S. Senate, ference language by a near unanimous Nevertheless, many employers offer Washington, DC. DEAR SENATOR NICKLES: This is a follow-up vote. But in the Senate, a few Mem- short breaks to their employees. Al- to the meeting of our respective staffs yes- bers—and I might say, on the other though the duration of a voluntary terday. While the Department of Labor rec- side of the aisle—are blocking a vote break is up to the employer, the breaks ognizes that employers have the flexibility

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30569 to determine the number and length of CDC study, like others before it, looked should in no way indicate that either breaks they offer to their employees, the at a narrow sample of individuals and the sponsors of this bill or the Depart- Wage and Hour Division has taken the posi- did not produce conclusive results. ment of Energy believe that they were tion that if an employer offers a break of less Since then, I have been working to not similarly affected. I strongly be- than 20 minutes in duration, the time the employee spends on that break typically is get the Department of Energy to ac- lieve that workers at all of the DOE compensable hours worked under the Fair knowledge that there is a problem, sites must be treated equally in this Labor Standards Act. that certain of its current and former process, and I am committed to doing Most of the Wage and Hour Opinion Let- workers are ill, and that they should all I can to ensure that that is the case. ters that address this issue involve author- work with us to address the situation. Let me just remind my colleagues ized breaks. However, on several occasions, This legislation—which we developed who it is we are talking about. We are the Wage and Hour Administrator has stated in conjunction with the Department— talking about workers who partici- that short unauthorized breaks may also is an important step in that direction. pated in the Manhattan Project, men count as hours worked. Wage and Hour has It says, for the first time, that if mis- and women who helped to ensure the taken the position that if an employee ex- superiority of America’s nuclear arse- ceeds the time allotted for an authorized takes were made, and if harm was done break, an employer may take a disciplinary to workers who helped this country nal, and who directly contributed to action against the employee, or the em- win the Cold War, we need to act now our nation’s victory in the Cold War. ployer may eliminate the option for rest pe- to remedy those mistakes. It rep- We owe them a debt of gratitude. And riods/breaks. resents a recognition on the part of the if we put them in harm’s way without I am committing the Wage and Hour Divi- government that if people have ill- their knowledge, it’s time for us to sion and the Solicitor’s Office to carefully nesses that are linked to their employ- make that right. This bill is a step in review our policy with respect to the com- ment at a Department of Energy facil- that direction. I look forward to its pensability of unauthorized break time consideration by the Senate. under the FLSA. Our review will specifically ity, they deserve compensation. That is include those instances in which employees progress, and I am proud to be a part of f exceed the time allowed for a rest break. We it. PAIN RELIEF PROMOTION ACT will also consider what outcome is in the Our bill has three parts. The first best interests of the employee if the em- section, the Energy Employees’ Beryl- Mr. NICKLES. Madam President, on ployee exceeds the allotted time for a rest lium Compensation Act, would provide June 23, 1999, Senator LIEBERMAN and I period/break, including the option of deduc- compensation to current and former introduced S. 1272, the Pain Relief Pro- tions of compensation for the time taken in workers who have contracted chronic motion Act, which addresses two spe- excess of the allotted break time. beryllium disease or beryllium sensi- cific concerns. First, it provides federal As part of our review, we will consider the tivity while performing duties uniquely support for training and research in statutory text, relevant legislative history palliative care. Second, it clarifies fed- and regulatory material, case law, previous related to the Department of Energy’s nuclear weapons production program. eral law on the legitimate use of con- Wage and Hour Opinion Letters, changing trolled substances. On October 27, 1999 technology and any information that your There are approximately 90 Oak Ridge the House passed its companion meas- office or a member of the public may pro- workers who have been diagnosed with ure H.R. 2260 by the resounding bipar- vide. We will complete our review of this either chronic beryllium disease or be- tisan vote of 271 to 156. It is my hope matter by February 1, 2000, and transmit our ryllium sensitivity to date, and a total conclusions and supporting rationale in writ- that the Senate will soon have the op- of 2,200 Oak Ridge workers who were ing to the Chairman and Ranking Members portunity to debate and vote on this of the relevant committees in the House and potentially exposed. The second section, the Energy Em- important legislation. the Senate. In anticipation of that debate, and in ployees’ Pilot Project Act, would es- It is important that all officials of the light of inaccurate characterizations of tablish a special pilot program for a Wage and Hour Division interpret and apply the second aspect of our bipartisan leg- the law in a uniform manner, and so advise specific group of 55 Oak Ridge workers islation, I believe it is important for the public. I will instruct the Wage and Hour who are currently the subject of an in- Division to assure that the resolution of any me to ensure that the record reflects vestigation by a panel of physicians precisely how this bill will—and will cases in which unauthorized break time are specializing in health conditions re- at issue is consistent with the outcome we not—affect current federal law with re- reach in our overall review. lated to occupational exposure to radi- gard to Drug Enforcement Administra- I very much appreciate your interest in ation and hazardous materials. This tion (DEA) oversight of the use of fed- these important questions. section authorizes the Secretary of En- erally controlled substances. Sincerely, ergy to award $100,000 each to those To understand the effect the Pain Re- ALEXIS M. HERMAN. Oak Ridge workers whose illnesses are lief Promotion Act will have on pain f determined to likely be linked to their control, we must begin with what the employment at the Oak Ridge site. law is now. The Controlled Substances COMPENSATING CERTAIN DEPART- Finally, our bill creates the Paducah MENT OF ENERGY WORKERS Act, CSA, of 1970 charged the DEA with Employees’ Exposure Compensation the responsibility of overseeing nar- Mr. THOMPSON. Madam President, Fund, which would compensate those cotics and dangerous drugs—including yesterday, my colleague from New current and former workers at the Pa- powerful prescription drugs which have Mexico, Senator BINGAMAN, and I intro- ducah, KY gaseous diffusion plant who a legitimate medical use but can also duced legislation that is, frankly, long were exposed to plutonium and other be misused to harm or kill. In asserting overdue. radioactive materials without their its authority over these drugs, Con- For more than 2 years, I have been knowledge, and who develop one of a gress declared in the preamble of the concerned that the Department of En- specified list of conditions linked to ra- Controlled Substances Act of 1970 that ergy was not taking seriously the com- diation exposure. I want to note that ‘‘Federal control of the intrastate inci- plaints of a number of workers in Oak there are workers at the K–25 gaseous dents of the traffic in controlled sub- Ridge, Tennessee who are ill and who diffusion plant in Oak Ridge who were stances is essential to the effective believe that their illnesses are linked exposed to the same contaminants as control of the interstate incidents of to their employment at the DOE site in those in Paducah, and workers in such traffic’’ (21 U.S.C. 801 (6)). Oak Ridge. In November of 1997, two Portsmouth, Ohio who were similarly In 1984, Congress amended the CSA years ago, I wrote to the then-Surgeon affected as well. It is my hope that due in part to a specific concern re- General, Dr. David Satcher, to request these two groups of workers would be garding the misuse of prescription that the Centers for Disease Control, added to this section of the legislation, drugs in lethal overdoses. The then CDC, come to Oak Ridge to try to de- upon the conclusion of the Department Democratic-controlled House and a Re- termine whether a pattern of unex- of Energy’s investigation into what publican Senate further strengthened plained illnesses was present and, if so, happened at these two sites, if the facts the Act, empowering the DEA to re- if its cause could be determined. The so warrant. Their absence at this time voke a physician’s federal prescribing

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30570 CONGRESSIONAL RECORD—SENATE November 18, 1999 license if he or she uses it to endanger eral issued a letter carving out an ex- General’s determination, then, the ‘‘health and safety’’ regardless of ception for Oregon so it can use feder- DEA can continue to review cases of whether state law has been violated (21 ally-controlled substances for assisted assisting suicide to make sure they do U.S.C. 824, referencing 21 U.S.C. 823). suicide. She claimed that Congress did not involve those who are not termi- The chairman of the Health sub- not ‘‘intend to override a state deter- nally ill, and it can scrutinize whether committee in the House agreed: ‘‘Drugs mination as to what constitutes legiti- a given use of pain medication was legally manufactured for use in medi- mate medical practice in the absence really intended to assist suicide. All as- cine are responsible for a substantial of a federal law prohibiting that prac- pects of the Oregon guidelines for le- majority of drug-related deaths and in- tice.’’ The Pain Relief Promotion Act gally valid assisted suicide are also juries’’ (Rep. WAXMAN, Hearing of July will respond to the Attorney General’s subject to DEA investigation, since the 31, 1984, Hearing Record No. 98–168, p. challenge, by clarifying that the inten- Attorney General has only authorized 365). Congress’ view was that while the tional misuse of these drugs to cause physicians to use federally controlled states are the first line of defense patients’ deaths is not authorized by drugs for assisted suicides when they against misuse of prescription drugs, Congress in any state, nor has it ever fully comply with those state guide- the Federal Government must have its been. lines. own objective standard as to what con- On October 27, 1997, Oregon’s ‘‘Death Thus, as interpreted by the Attorney stitutes such misuse—and it must have with Dignity Act’’ became effective. In General, a registration to prescribe fed- the authority to enforce that standard the first year at least 15 patients have erally controlled substances can be re- when a state cannot or will not do so. committed suicide with doctor’s assist- voked under the current Controlled Congress’ 1970 and 1984 decisions have ance under the new Oregon law. We Substances Act if these substances are been upheld time and time again by really do not know the total number, used to assist suicide in any state in federal courts. because all reporting of cases is left the Nation, with the exception of cer- It is clear that federal law is in- completely in the hands of the doctors tain cases of assisted suicide that Or- tended to prevent use of these drugs for themselves, and the Oregon Health Di- egon has legalized for the terminally lethal overdoses, and contains no ex- vision admits it has no idea how many ill. If DEA scrutiny of doctors’ pre- ception for deliberate overdoses ap- unreported cases there are. But regard- scribing practices were going to ‘‘chill’’ proved by a physician. Nowhere in the ing those 15 reported cases we know the practice of pain control, that would Controlled Substances Act has death or one thing: Every one of those patient’s already be occurring under current assisting death ever been considered a deaths was caused by a federally con- law. ‘‘legitimate medical purpose’’ for use trolled substance, prescribed with a How does the Pain Relief Promotion of these drugs. In the past, physicians federal DEA registration number, using Act impact this situation? It estab- who were involved in the use of these federal authority. Today, without any lishes that, for the first time in federal drugs for suicide or other lethal decision to this effect by Congress or law, the use of controlled substances overdoses have lost their federal au- the President, the federal government for the relief of pain and discomfort is thority to prescribe controlled sub- is actively involved in assisting sui- a ‘‘legitimate medical purpose,’’ even if stances on the grounds that they had cides in Oregon. the large doses used in treating pain To hear some of the critics of this endangered ‘‘health and safety.’’ may unintentionally hasten death. In- In 1997, Congress passed the Assisted bill you might think that the Pain Re- tentionally causing death or assisting Suicide Funding Restriction Act of 1997 lief Promotion Act creates a new au- in causing death remains forbidden. without a dissenting vote in the Senate thority on the part of the DEA to re- Thus this bill does not increase the and by an overwhelming margin of 398– voke doctors’ registrations if they use DEA’s regulatory authority at all. On 16 in the House. President Clinton stat- controlled substances to assist suicide. the contrary, its only effect in 49 states ed in signing the bill that ‘‘it will allow On the contrary that authority has ex- (and even in Oregon, in cases involving the Federal Government to speak with isted for 29 years and it exists now. At- those who are not terminally ill) is to a clear voice in opposing these prac- torney General Janet Reno was very provide new legal protection for physi- tices.’’ He further warned that ‘‘to en- clear on this matter in her letter of cians who prescribe controlled sub- dorse assisted suicide would set us on a June 5, 1998: ‘‘Adverse action under the stances to control pain. disturbing and perhaps dangerous CSA may well be warranted . . . where path.’’ I would add only that author- a physician assists in a suicide in a In Oregon, this bill eliminates the izing a federal agency to endorse the state that has not authorized the prac- Attorney General’s artificial exception use of controlled substances for as- tice under any conditions, or where a designed to accommodate assisted sui- sisted suicide would similarly ‘‘set us physician fails to comply with state cides that are no longer penalized on a disturbing and perhaps dangerous procedures in doing so.’’ under Oregon law. The DEA can meet path.’’ What does this mean for current law its responsibility here simply by look- In November 1994, the State of Or- and practice? First, the DEA has full ing at the reports required by Oregon egon adopted by referendum the so- authority to revoke a DEA registration law, in which doctors must identify the called ‘‘Death with Dignity Act,’’ al- for assisting suicide in any of the 49 drugs used to assist suicide. Those lowing physicians to prescribe medica- states where assisting suicide is not records will make it clear whether fed- tion for the purpose of assisting pa- authorized by state law. While critics erally controlled drugs were used; and tients’ suicides. The week of that vote, of the Pain Relief Promotion Act have since the physician is clearly reporting Professor George Annas of Boston Uni- said that empowering the DEA to in- that his or her own intent was to help versity pointed out the inconsistency vestigate physicians in such cases will cause death, there will be no question between the Oregon referendum and have a ‘‘chilling effect’’ on the treat- of murky intentions or ambiguity. the Controlled Substances Act in an ar- ment of pain, the fact is that such au- Thus this bill will not lead to any in- ticle in the New England Journal of thority already exists in 49 states. crease in the DEA trying to ‘‘second Medicine. He questioned whether such What about the one State, Oregon, guess’’ or infer physicians’ intentions, a state law was compatible with exist- where the Attorney General said the even in Oregon.*****-*****- -Name: -Pay- ing federal laws governing federally DEA will not take adverse actions roll No. -Folios: J1S/13-J1S/14 -Date: controlled drugs, ‘‘since the drafters of against physicians for assisting suicide -Subformat: the federal statute certainly did not in compliance with the Oregon law? What of any unreported cases in have this purpose [assisting suicides] in Even in Oregon many cases of assisting which physicians assist the suicides of mind.’’ suicide remain illegal under state law. terminally ill patients? Those assisted However, on June 5, 1998, overturning The state law authorizes assisting the suicides are already a crime under Or- a previous determination by her own suicide of those who are terminally ill, egon law, and thus already subject to DEA Administrator, the Attorney Gen- but not others. Under the Attorney adverse action by the DEA as well

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30571 under the Attorney General’s interpre- with public health and safety, even if pain. That is why so many major med- tation. Only if a physician officially re- the use of such a substance may in- ical organizations, including the Na- ports the case to the Oregon Health Di- crease the risk of death.’’ The Amer- tional Hospice Organization, the Amer- vision is he or she exempted from state ican Medical Association says this bill, ican Academy of Pain Management and criminal penalties. So those cases are ‘‘provides a new and important statu- the American Society of Anesthesiol- already covered by the same DEA au- tory protection for physicians pre- ogists, as well as the AMA, strongly thority that currently applies to as- scribing controlled substances for pain, support its enactment. sisted suicides in the other 49 states. particularly for patients at the end of Some may wish to abolish the Con- Let me take this situation step by life.’’ As the American Academy of trolled Substances Act altogether. step. Pain Management observes, this will They may think that the federal gov- First, removing the Oregon exception protect the ability of ‘‘prescribers to ernment’s longstanding insistence on to the existing nationwide policy can- relieve pain without fear of regulatory monitoring the distribution of these not increase any ‘‘chilling effect’’ on discipline.’’ powerful drugs is an unwarranted in- pain relief outside of Oregon, because Those who are concerned about the trusion into medical practice. I dis- the bill does not increase one iota the possibility of a negative impact on agree with that stand, but at least it authority of the DEA to investigate pain relief if we pass this bill need to can be understood as a consistent posi- the misuse of controlled substances to answer this question: do they believe tion. What is untenable is the claim assist suicide outside of Oregon. In that now the Drug Enforcement Ad- that this particular bill, which clearly fact, in those states its only effect is to ministration is having a chilling effect improves the law’s sensitivity to med- provide a more explicit ‘‘safe harbor’’ on pain relief because federally con- ical judgments on pain control, some- for the practice of pain control, which trolled substances cannot be used to how mysteriously worsens that situa- is a significant advance and improve- assist suicide in 49 states and even, in tion. Once we understand what the cur- ment for doctors and terminally ill pa- many cases, in Oregon? rent law is and what this bill does, that tients. This is also true of assisted sui- If the answer is ‘‘no,’’ then there is claim simply does not make sense. cide cases within Oregon that do not no basis to be concerned about this In short, the Pain Relief Promotion comply with the state’s reporting re- bill—for this bill will not increase in- Act will foster pain control. It will im- quirements or other guidelines. In all vestigations or oversight into the dos- prove existing law by adding signifi- these cases, the Pain Relief Promotion ages of drugs used for pain relief, and cant new legal protections for physi- Act gives the DEA no new mandate to in fact instructs the DEA to be even cians and pharmacists who prescribe investigate cases of assisted suicide more sensitive to physicians’ need to and dispense controlled substances for more directly. Rather, it is expected to prescribe large doses of these drugs for pain control. It will reduce, and in no follow its longstanding practice of gen- pain control. way increase, any possible ‘‘chilling If the answer is ‘‘yes,’’ then there is erally deferring to state authorities effect″ that could deter adequate pain a great need for this bill—because for and allowing them to take the lead in control. And by clarifying federal law the first time it adds specific protec- investigating possible wrongdoing. tions for doctors who prescribe con- so the federal government will not fa- Second, no new questioning of physi- trolled substances for pain control—re- cilitate the medical institutionaliza- cians’ intentions is warranted to ad- sulting in a decrease in any ‘‘chilling tion of assisted suicide in any state, dress the cases of assisted suicide that effect’’ that may exist under current this legislation may help discourage are now permitted under Oregon law. law. doctors from simply suggesting as- To be free of criminal penalties under Let me quote from the American sisted suicide instead of working to ad- state law in Oregon, a doctor who as- Medical Association: dress their patients’ real problems of sists a suicide must submit a report to The bill would not expand existing crimi- uncontrolled pain. As protectors of Oregon authorities that includes infor- nal penalties in the CSA for persons whose public health and safety we should be mation on the drugs prescribed to as- unauthorized use of a controlled substance encouraging doctors to kill the pain, sist the suicide. The Drug Enforcement leads to someone’s death. . . . The bill would not the patient. Administration, DEA, can obtain those not expand the DEA’s authority concerning Madam President, I ask unanimous reports from the Oregon authorities. It jurisdiction, investigations or enforcement consent that the following two edi- regarding the CSA. In fact, the inclusion of already has the authority to subpoena torials be printed in the RECORD. them, if necessary; again, our legisla- a recognition of the ‘‘double effect’’ in the There being no objection, the mate- CSA provides physicians in all jurisdictions tion has no impact on this. an additional statutory protection in cases rial was ordered to be printed in the Thus, even in Oregon, this bill will of alleged [physician-assisted suicide]. The RECORD, as follows: not result in any increase in DEA over- bill has the potential, through its edu- [From the Wall Street Journal, Nov. 4, 1999] sight or investigations of doctors based cational provisions, of sensitizing law en- DON’T KILL THE PAIN-RELIEF BILL on their prescribing patterns or the forcement personnel to the multiple issues of (By Wesley J. Smith) end-of-life care and prescribing. dosages they use for particular pa- Last week, by a vote of 271–156, the House tients. This is clearly stated in the It is noteworthy that although the approved the Pain Relief Promotion Act, de- House Judiciary Committee report on Justice Department expressed concern signed to promote effective medical treat- this bill, H. Rep. 106–378 Pt. 1, pp. 12–13. about the portion of the bill that would ment of pain while deterring the misuse of It follows that if this bill is enacted, prevent the use of federally controlled narcotics and other controlled substances for any doctors in Oregon who prescribe substances to assist suicide in Oregon, assisted suicide. The bill’s passage prompted controlled substances for pain relief it agrees that the bill would aid, and an outpouring of hyperbole and misinforma- need not fear any increase in DEA not hinder, pain relief. In a letter dated tion from opponents. Here are the facts scrutiny of their practices, and there- about the act: October 19,1999, the Justice Depart- It would not outlaw assisted suicide, Crit- fore should not in any way be deterred ment wrote that the bill ‘‘would elimi- ics accuse Congress of ‘‘overturning’’ Or- from prescribing adequate pain relief. nate any ambiguity about the legality egon’s assisted-suicide referendum. Would This bill cannot have a ‘‘chilling ef- of using controlled substances to al- that it did. In fact, the act would outlaw fect’’ on pain control, but will have the leviate the pain and suffering of the only the intentional use of controlled sub- opposite effect. For the first time, it terminally ill by reducing any per- stances to cause death. Lethal substances will place in the Controlled Substances ceived threat of administrative and not controlled by federal drug regulations Act, as the American Society of Anes- criminal sanctions in this context. The could still be prescribed legally on Oregon thesiologists notes, ‘‘recognition that for use in assisted suicide. Department accordingly supports those It would not interfere with states’ rights. alleviating pain in the usual course of portions of [the bill] addressing pallia- Under the Controlled Substances Act the fed- professional practice is a legitimate tive care.’’ eral government, not the states, has the au- medical purpose for dispensing a con- This bill makes it easier, not harder, thority to determine what is and is not a trolled substance that is consistent to use controlled substances to relieve proper medical use of the drugs specified in

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30572 CONGRESSIONAL RECORD—SENATE November 18, 1999 the act. Thus, as an editorial in the (Port- of-life care in Oregon—which fancies itself a gram, greeting cards are donated to the land) Oregonian noted, it is the Oregon law leader in this area—is far from all it should Salvation Army that are then given to that ‘‘barges into an area of long-standing be. Too many Oregonians spend the last days inmates at correctional facilities federal jurisdiction.’’ Thus passage of the act of their life in pain. across the country. This program al- would return national uniformity to the en- There’s no real need for that—and the Pain forcement of federal drug laws. Relief Promotion Act of 1999 would go a long lows inmates to keep in touch with It merely reaffirms existing federal law. way toward addressing these systemic and family and friends—not only during the Because the act declares that assisted sui- professional failures here and elsewhere. The holiday season—but throughout the cide is not a ‘‘legitimate medical purpose’’ proposal would authorize federal health-care year. The benefits of this program to under the Controlled Substances Act, critics agencies to promote an increased under- the inmates and their loved ones are have wrongly accused supporters of granting standing of palliative care and to support clear. However, there are also benefits new authority to the Drug Enforcement training programs for health professionals in to the community as well. Inmates who Agency to punish doctors. In fact, DEA has the best pain management practices. It maintain strong ties with their fami- had that authority for nearly 30 years. Since would also require the Agency for Health 1980 it has brought more than 250 enforce- Care Policy and Research to develop and lies and friends are less likely to return ment actions for violating the federal legal share scientific information on proper pallia- to prison once their sentence is com- standard of ‘‘legitimate medical purpose.’’ tive care. pleted. The medical community overwhelmingly Further, the Pain Relief Promotion Act I want to commend the Salvation favors it. Proponents of the bill include the would clarify the Controlled Substances Act Army, the Department of Justice, and American Medical Association, the National in two essential ways. the Bureau of Prisons for supporting Hospice Organization, the Hospice Associa- One, it makes clear that alleviating pain this program. In particular, I want the tion of America, the American Academy of and discomfort is an authorized and legiti- Department to know that this program Pain Management, the American Society of mate medical purpose for the use of con- Anesthesiologists and the American College trolled substances. has the support of Congress. I have spo- of Osteopathic Family Physicians. (True, Two, the bill states that nothing in the ken to Chairman GREGG, who has indi- support isn’t unanimous. Dissent within the Controlled Substances Act authorizes the cated that he is prepared to work with medical community has been led by the use of these drugs for assisted suicide or eu- me and other supporters of the pro- Rhode Island Medical Association.) thanasia and that state laws allowing as- gram in the coming months to ensure It has broad bipartisan support. Seventy- sisted suicide or euthanasia are irrelevant in that this important charitable program one House Democrats voted for the bill, and determining whether a practitioner has vio- is sustained well into the future. its Senate sponsors include Joe Lieberman lated the Controlled Substances Act. (D., Conn.), Chris Dodd (D., Conn.) and Evan Technically, of course, the bill does not f Bayh (D., Ind.). overturn Oregon’s so-called Death with Dig- THE CARIBBEAN BASIN INITIATIVE It would enhance pain control. If the act nity Act. But it would thwart it, for all prac- becomes law, pain control will for the first tical purposes, because it makes it illegal for AND THE IMPACT ON TRADE time be specifically identified in federal law Oregon doctors to engage in assisted suicide WITH ISRAEL as a proper use of controlled substances— using their federal drug-prescribing license. Mr. JOHNSON. Mr. President. I even if the use of pain-controlling drugs has Suicide’s advocates may think of some other would like to alert my colleagues to an the unintended side effect of causing death. method, but none seems obvious. issue raised by H.R. 434, the African That is a much-needed legal reform, because Is this a federal intrusion on a state’s right many doctors fail to treat pain aggressively to allow physician-assisted suicide or eutha- Growth and Opportunity Act and the because they fear the government’s second- nasia? Caribbean Basin Initiative, regarding guessing. Several states have recently passed To hear some recent converts to states’ trade with Israel under the U.S.-Israel similar laws, leading to dramatic increases right talk, you might think so. But you Free Trade Area Agreement. Notwith- in the use of morphine and other palliative could just as easily argue that Oregon’s as- standing our free-trade agreement with medications. sisted suicide law intrudes on the federal do- Israel, the CBI provisions of this legis- The Pain Relief Promotion Act looks like- main. The feds have long had jurisdiction ly to pass the Senate. If President Clinton lation would unfairly discriminate over controlled substances, even as states against U.S. imports from Israel. truly feels our pain, he will sign it the mo- kept the power to regulate the way physi- ment it hits his desk. cians prescribe them. At best, it’s a gray Under that legislation, most U.S. area. textile products made with Israeli in- [From the Oregonian, July 1, 1999] You’ll recall that the Department of Jus- puts, such as yarn, fabric or thread, KILL THE PAIN, NOT THE PATIENTS tice declined to assert a federal interest in would not be eligible for duty free CONGRESS SHOULD ALLOW DOCTORS TO USE CON- all of this when it plausibly could have, treatment when assembled into apparel TROLLED DRUGS FOR AGGRESSIVE PAIN shortly after Oregon voters approved as- in the Caribbean. To illustrate the con- TREATMENT INSTEAD OF SUICIDE sisted suicide. It’s probably better—and high trast with current law, today, if a U.S. It’s no secret to any reader of this space time—that Congress asserts that interest ex- company uses Israeli yarn in manufac- that we oppose Oregon’s venture into physi- plicitly. This act would establish a uniform na- turing fabric, the products made from cian-assisted suicide. such fabric would be eligible for CBI But last year, when the American Medical tional standard preventing the use of feder- Association and the National Hospice Orga- ally controlled drugs for assisted suicide. benefits. The trade bill creates a uni- nization came out against a bill in Congress That, in itself, should advance the national lateral change from the status quo in giving medical review boards the power to debate on this subject in a more seemly way our trade with Israel and a major bar- deny or yank the federal drug-prescribing li- than, say, the recent efforts of Dr. Jack rier to U.S. companies using Israeli-or- cense to physicians who prescribed these Kervorkian. igin inputs. drugs to assist in suicides, we took their con- Beyond that, it’s high time that Congress I would like to submit for the made clear that improved pain relief is a key cerns seriously. RECORD a letter from the Economic The groups argued that the proposed law objective of our nation’s health-care institu- could reverse recent advances in end-of-life tions and our Controlled Substances Act. Minister of the Israeli Embassy that care. Doctors might become afraid to pre- The Pain Relief Promotion Act will do all was sent to each of the Members of the scribe drugs to manage pain and depression— this. No wonder the American Medical Asso- Senate Finance Committee urging Con- things that, when uncontrolled, can lead the ciation and the National Hospice Organiza- gress to treat Israeli inputs on par with terminally ill to consider killing themselves tion are now on board. U.S. inputs in this trade legislation. I in the first place. We thought then that the f ask unanimous consent that letter be problem could be worked out and that it was PRISON CARD PROGRAM printed in the RECORD. possible to keep doctors from using federally There being no objection, the letter controlled substances to kill their patients Mr. ASHCROFT. Madam President, I without also preventing them from relieving was ordered to be printed in the rise today to talk about an important RECORD, as follows: their terminally-ill patients’ agonies. and highly successful program operated This Congress’s Pain Relief Promotion Act EMBASSY OF ISRAEL, proves it, and the proposed legislation comes for more than 25 years by the Salvation Washington, DC, June 15, 1999. not a moment too soon. A new report by the Army in conjunction with the Bureau DEAR SENATOR: I am writing to you, as Center for Ethics in Health Care at Oregon of Prisons. This program is called the well other members of the Committee on Fi- Health Sciences University shows that end- Prison Card Program. Under the pro- nance, to ask for your support during the

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Committee’s mark-up of the U.S.-Caribbean U.S.-Israel Free Trade Area Agree- By Fiscal Year, in Millions of Dollars Basin Trade Enhancement Act (also known ment. as the ‘‘CBI’’ trade parity bill) to ensure that 2000 2001 2002 2003 2004 f it does not impose an economic barrier CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1 against U.S. imports of Israeli-origin inputs, Estimated Author- such as yarn, fabric or thread, under the CONGRESSIONAL BUDGET OFFICE ization Level ... 0 24 33 47 31 U.S.-Israel Free Trade Area Agreement REPORT Estimated Outlays 0 16 27 41 47 (‘‘FTAA’’). Mr. MURKOWSKI. Madam President, 1 Most of the costs of implementing S. 623 would occur after 2004. In addition, to the bill’s discretionary costs, it would increase direct spending My Government urges the inclusion of a at the time Senate Report No. 623 was provision in the CBI legislation that will en- by less than $200,000 a year over the 2000–2004 period. (That estimated filed, the Congressional Budget Office annual effect would continue through 2006, but S. 623 would reduce direct able U.S. companies to continue utilizing spending by about $7 million a year after 2006). Israeli-origin inputs in producing American- report was not available. I ask unani- Assuming appropriation of the necessary made products without making such prod- mous consent that the report which is funds, CBO estimates that implementing S. ucts ineligible for CBI duty-free trade pref- now available be printed in the CON- 623 would cost $131 million over the 2000–2004 erences. GRESSIONAL RECORD. The current CBI trade program provides period, $450 million over the 2000–2009 period, There being no objection, the mate- and $793 million over the 2000–2018 period. preferential tariff treatment to apparel made rial was ordered to be printed in the from U.S.-formed components that are fin- Initially, the bill would have no significant ished in a CBI-eligible country. Currently RECORD, as follows: impact on direct spending, but after 2006, S. such components may be cut from fabric, or U.S. CONGRESS, 623 would increase offsetting receipts by formed from yarn, originating either in the CONGRESSIONAL BUDGET OFFICE, about $7 million a year. United States or Israel. The legislation be- Washington, DC, November 10, 1999. BASIS OF ESTIMATE fore the Committee incorporates a U.S.-only Hon. FRANK H. MURKOWSKI, Estimates of funds needed to meet design fabric and thread forward rule of origin. The Chairman, Committee on Energy and Natural and construction schedules were provided by CBI bill recently approved by the House Resources, the Bureau. CBO adjusted those estimates to Ways and Means Committee also incor- U.S. Senate, Washington, DC. reflect anticipated cost growth during the porates a U.S.-only ‘‘yarn forward’’ require- DEAR MR. CHAIRMAN: The Congressional construction period, as authorized by the ment for knit-to-shape products. Either bill Budget Office has prepared the enclosed cost bill. For purposes of this estimate, CBO as- in its current form would adversely affect estimate for S. 623, the Dakota Water Re- sumes that S. 623 will be enacted during fis- Israeli exports to the United States. Market sources Act of 1999. cal year 2000 and that the authorized conditions would all but require U.S. compa- If you wish further details on this esti- amounts will be appropriated. Estimates of nies to halt imports of Israeli inputs so as mate, we will be pleased to provide them. outlays are based on historical spending pat- not to disqualify their products from the The CBO staff contacts are Megan Carroll terns for similar projects. duty-free trade preference to be extended (for federal costs), and Marjorie Miller (for SPENDING SUBJECT TO APPROPRIATION unilaterally to CBI-eligible countries. The the impact on state, local, and tribal govern- loss of sales to the U.S. market would harm ments). Red River Valley Water Supply Project.— both Israeli companies and U.S. companies Sincerely, S. 623 would authorize the appropriation of $200 million (in 1999 dollars) for the Bureau that supply raw materials used in the manu- BARRY B. ANDERSON, facture of Israeli inputs, such as nylon yarn. (For Dan L. Crippen, Director). to construct facilities to meet the water I am bringing this matter to your atten- Enclosure. quality and quantity needs of the Red River Valley. Based on information from the Bu- tion because the legislation to be considered CONGRESSIONAL BUDGET OFFICE COST ESTIMATE by the Finance Committee should not dam- reau, CBO expects that construction would age U.S.-Israeli trade. Protecting against S. 623—Dakota Water Resources Act of 1999 begin during fiscal year 2004 and would be such harm can be accomplished by providing SUMMARY substantially completed in 2007. Assuming in the legislation that Israeli-origin inputs CVO estimates the implementing S. 623 appropriation of the necessary amounts, CBO will, for purposes of CBI preferences, be would cost $131 million over the 2000–2004 pe- estimates that design and initial construc- treated no less favorably than U.S. inputs. riod, assuming appropriation of the nec- tion would about $75 million over the 2000– Such a provision would ensure that restric- essary amounts. Starting in fiscal year 2002, 2004 period. Municipal, Rural, and Industrial Water tive consequences of the proposed legislation S. 623 would affect direct spending; therefore, Systems.—The bill also would authorize the would not adversely affect U.S.-Israeli trade. pay-as-you-go procedures would apply. CBO appropriation of $200 million (in 1999 dollars) The legislative measure that we are asking estimates, however, that changes in direct for the Bureau to make grants to North Da- you to support is consistent with previous spending would not become significant until kota to construct municipal, rural, and in- trade measures approved by your Committee 2007. S. 623 contains no intergovernmental or dustrial water systems. The bill would au- and enacted into U.S. law to preserve U.S.- private-sector mandates as defined in the thorize the appropriation of an additional Israeli trade under the FTAA. Such a provi- Unfunded Mandates Reform Act (UMRA). $200 million (in 1999 dollars) for the Bureau sion would preserve the status quo in U.S.- The state of North Dakota and local govern- to construct, operate, and maintain, on a Israeli trade, a goal that has been endorsed ments in that state would probably incur nonreimbursable basis, municipal, rural, and previously on a number of occasions by the some costs as a result of the bill’s enact- industrial water systems on certain Indian Committee. It is not intended to create any ment, but these costs would be voluntary. reservations. CBO estimates that imple- new benefit for Israeli products. S. 623 would amend the existing authority menting both of these provisions would cost In sum, our objective is to ensure that the for construction of the Garrison Diversion about $45 million between 2000 and 2004. CBI trade bill does not withdraw the prac- Unit (GDU) of the Pick-Sloan Missouri Basin Operation and Maintenance.—During con- tical benefits of the U.S.-Israel Free Trade Program, administered by the Bureau of struction of the Red River Valley Water Sup- Area Agreement and our mutual goal of ex- Reclamation (the Bureau). S. 623 would au- ply Project, operation and maintenance panding bilateral trade. I would very much thorize the appropriation of about $688 mil- costs of the GDU would be covered by using welcome the opportunity to review this issue lion (in 1999 dollars) for the Bureau to com- funds appropriated for construction. Once with you. plete the GDU. Adjusting for anticipated the facility is completed in 2007, S. 623 would Sincerely, cost growth, CBO estimates that imple- authorize the appropriation of amounts nec- OHAD MARANI, menting this legislation would require the essary for the Bureau to operate and main- Economic Minister. appropriation of $793 million over the 2000– tain a certain portion of the facility. Based Mr. JOHNSON. I do not think that it 2017 period. Most of the outlays from such on information from the Bureau, CBO ex- funding would occur after 2004. We estimate is the intent of the CBI legislation to pects the facility to be put into use in 2007. that enacting the bill would reduce offset- undermine our trade with Israel. Pre- At that time, we estimate that an additional ting receipts (a credit against direct spend- serving our existing trade with Israel appropriation of about $3 million would be ing) by less than $200,000 a year between 2002 will not in any way lessen the trade required each year for operation and mainte- and 2006, but would result in increased offset- nance. benefits we extend to the CBI coun- ting receipts of about $7 million a year start- S. 623 also would authorize the appropria- tries. And it is critically important ing in 2007. that we consider our existing trade tion of additional amounts necessary for the ESTIMATED COST TO THE FEDERAL GOVERNMENT operation and maintenance of wildlife miti- agreement with Israel as we develop The estimated budgetary impact on S. 623 gation and enhancement facilities, including further trade measures. I urge my col- over the next five years is shown in the fol- wildlife refuges. Based on information from leagues to address this issue as this bill lowing table. The costs of this legislation the Bureau, CBO estimates this work would moves forward, so that we do not preju- fall within budget function 300 (natural re- cost about $1 million annually starting in dice our trade with Israel under the sources and environment). 2001.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 30574 CONGRESSIONAL RECORD—SENATE November 18, 1999 Natural Resources Trust.—S. 623 would au- Oakes Test Area, an experimental irrigation Treasury as offsetting receipts and would be thorize the appropriation of $25 million for facility in North Dakota, to the local unavailable for spending without appropria- the Secretary of the Interior to make annual irrigators. The Bureau currently spends less tion. CBO estimates that these receipts contributions to the Natural Resources than $200,000 annually to operate and main- would total about $7 million a year starting Trust, a nonfederal corporation (currently tain the facility. These amounts are subject in 2007. known as the Wetlands Trust). The amount to appropriation and are reimbursed by users Oakes Test Area Title Transfer.—CBO esti- to be contributed in any fiscal year would of the facility. Reimbursements are depos- mates that under the bill, the Secretary equal 5 percent of the amount appropriated ited in the Treasury as offsetting receipts would transfer ownership of the Oakes Test in that year for the Red River Valley Water and are unavailable for spending without ap- Area to local users in 2002. This transfer Supply Project and for non-Indian munic- propriation action. Based on information would reduce offsetting receipts that are col- ipal, rural, and industrial water supply sys- from the Bureau. CBO expects that the title lected from irrigators under current law to tems. CBO estimates this provision would transfer would occur during fiscal year 2002. reimburse the Bureau for operating costs. cost $6 million between 2000 and 2004. Starting in that year, this provision would Thus, CBO estimates that this provision Recreational Projects.—The bill would au- yield annual discretionary savings of less would reduce offsetting receipts by less than thorize the appropriation of $6.5 million for than $200,000. $200,000 a year starting in 2002. the Bureau to construct, operate, and main- DIRECT SPENDING tain new recreational facilities, provided Offsetting Receipts from Repayment Con- Pay-as-you-go considerations: The Bal- that the Secretary of the Interior has en- tracts.—Under current law, the GDU water anced Budget and Emergency Deficit Control tered into agreements with nonfederal enti- supply features are not expected to be put Act sets up pay-as-you-go procedures for leg- ties to provide half of the cost of operating into service, and thus will not generate off- islation affecting direct spending or receipts. and maintaining any such facilities. CBO es- setting receipts from repayment contracts. The net changes in outlays that are subject timates that implementing this provision According to the Bureau, under S. 623 the to pay-as-you-go procedures are shown in the would cost about $1 million between 2000 and unit would be placed into service during 2007 following table. For the purposes of enforc- 2004. and the agency would start to collect repay- ing pay-as-you-go procedures, only the ef- Oakes Test Area Title Transfer.—S. 623 ments from project beneficiaries in that fects in the budget year and the succeeding would authorize the Secretary to convey the year. Repayments would be deposited in the four years are counted.

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

Changes in outlays ...... 0 0 0 0 0 0 0 ¥7 ¥7 ¥7 Changes in receipts ...... Not applicable

Estimated impact on state, local, and trib- lion—$2,772,792,151,426.47 (Two trillion, the rich. He doesn’t look down on the al governments: S. 623 contains no intergov- seven hundred seventy-two billion, poor. He is a good man on the inside ernmental mandates as defined in UMRA. seven hundred ninety-two million, one and on the outside. And he is a man Under current law, and under the amend- hundred fifty-one thousand, four hun- who sticks by his principles. ments made by this bill, the state of North Dakota and local governments in that state dred twenty-six dollars and forty-seven He is a Republican. I am a Democrat. would provide some of the funds necessary to cents) during the past 10 years. But neither he nor I puts political construct and to operate and maintain the Mr. BYRD addressed the Chair. party above everything else. We know authorized facilities. All such spending The PRESIDING OFFICER. The Sen- that political party is important, but would be a condition of federal assistance ator from West Virginia is recognized. there are other things in this life that and would be voluntary. Mr. BYRD. Madam President, I are even more important. He recog- Estimated impact on the private sector: thank the Chair. nizes that. His handclasp is like the This bill would impose no new private-sector Madam President, what is the matter handclasp of our ancestors. His word is mandates as defined in UMRA. Estimate prepared by: Federal Costs: before the Senate? his bond, as was the word of our ances- Megan Carroll; Impact on State, Local, and f tors. Tribal Governments: Marjorie Miller. I could say much more. I will simply Estimate approved by: Peter H. Fontaine, CONCLUSION OF MORNING say he is a Christian gentleman, a gen- Deputy Assistant Director for Budget Anal- BUSINESS tleman first, last, and always. My wife ysis. The PRESIDING OFFICER. The pe- Erma and I extend to him our very best f riod for morning business has expired. wishes on his birthday and our prayers The normal business before the Senate and hopes that he will enjoy many, THE VERY BAD DEBT BOXSCORE would be the bankruptcy bill. many more happy birthdays. Mr. HELMS. Madam President, at Mr. BYRD. I thank the Chair. He is rendering a tremendous service the close of business yesterday, Madam President, I ask unanimous to his country and to his State. I hope Wednesday, November 17, 1999, the Fed- consent to speak out of order. the people of Alaska realize what a eral debt stood at $5,690,918,151,426.47 The PRESIDING OFFICER. Without treasure this man is. He works for (Five trillion, six hundred ninety bil- objection, it is so ordered. Alaska every day in the Senate. We lion, nine hundred eighteen million, f know that. He is effective. He is force- one hundred fifty-one thousand, four ful. He is genuine. hundred twenty-six dollars and forty- HAPPY BIRTHDAY WISHES FOR Erma and I join in wishing him a seven cents). THE HON. TED STEVENS happy birthday and expressing our One year ago, November 17, 1998, the Mr. BYRD. Madam President, I want good wishes also to his lovely wife, Federal debt stood at $5,586,021,000,000 to call attention to the fact that today, Catherine, and to his children. (Five trillion, five hundred eighty-six November 18, 1999, is the birthday of I yield to the distinguished majority billion, twenty-one million). the very distinguished chairman of the leader. Five years ago, November 17, 1994, Senate Appropriations Committee, my The PRESIDING OFFICER. The ma- the Federal debt stood at friend. I would like to say lifelong jority leader is recognized. $4,752,752,000,000 (Four trillion, seven friend; I just haven’t had the pleasure Mr. LOTT. Madam President, I thank hundred fifty-two billion, seven hun- of knowing him all of my life. The day Senator BYRD for yielding me the time. dred fifty-two million). after tomorrow, I will be 82 years old, I join in wishing a very happy birthday Ten years ago, November 17, 1989, the if the Lord lets me live. So I can’t say to our friend from Alaska. He makes Federal debt stood at $2,918,126,000,000 he is my lifelong friend, but he has the Senate a better place. He keeps us (Two trillion, nine hundred eighteen been my friend over all the years he lively. He works hard. He makes sure billion, one hundred twenty-six mil- has served in the Senate. we get our job done, and he does it with lion) which reflects a doubling of the I wish him a happy, happy birthday. a lot of alacrity sometimes. He will get debt—an increase of almost $3 tril- He is a Senator who doesn’t look up to right up in your face and make sure

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.000 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30575 you understand. That helps to clear the Mr. LOTT. Will the Senator yield to have the commitment that we will subject up in many instances. me to respond? have a loan guarantee bill before us, He is a great guy. I am honored to be Mr. BAUCUS. Madam President, I re- and we will be voting on it sometime in able to serve in this institution with serve the right to object. April. We will not delay the loan guar- the great Senator from Alaska who Mr. LOTT. I have not propounded a antee program for rural America by does so much for our country and cer- unanimous consent request other than what we have done. I was assured of tainly for his State of Alaska. I will to proceed to the short-term con- that, and I am assured in my own mind not tell his wife, the lovely, charming tinuing resolution so that Senator that it will work. We will be right on wife to whom he is married, what his BYRD may begin to discuss an issue of time by the time we get this bill. age is today because I assume she concern to a number of Senators. I in- We have a commitment coming that doesn’t know what his actual age is. tended to talk to the Senator from we will either have an improved au- We will keep that a secret. But happy Montana and others about trying to thorization for a loan guarantee or we birthday to our great friend. enter into an agreement with regard to will vote what was in the bill we took Mr. DASCHLE. Will the majority time. out last night. I urge my friend to un- leader yield because I think this is the On the issue to which he referred, I derstand that we have not abandoned most appropriate time to add my wish- think it is very important that we do the loan guarantee program. Coming es as well. take action in this final bill we will be from where I do, I would never abandon Mr. LOTT. I am happy to yield. taking up in the next day or so, or it. Mr. DASCHLE. I wish to identify today, that will make sure the satellite When I came to the Senate, the Army with the warm and generous remarks bill is passed so that people across this ran the communications system of made by the distinguished senior Sen- country will continue to receive serv- Alaska; the U.S. Government owned all ator from West Virginia. I agree en- ice from the networks on their tele- of the telephones in Alaska. Now, when tirely with his comments and with the vision sets in the future in order to you look at the distance we have come views he has expressed. I think he and have this so-called local-to-local serv- in a relatively short time of my service I speak for our caucuses in our admira- ice where you get your local station on in the Senate, we are going to do the tion collectively for the Senator from your local satellite. We are going to same thing with satellite communica- Alaska. We may not always agree, but have to have some process, some way tions in a very short period of time, in there isn’t anyone who cares more to get that service into rural areas and a new way, consistent with private en- deeply about this institution, about his smaller areas such as those in Mon- terprise, on a guarantee program rath- State, and represents himself more ef- tana, Alaska, and in Mississippi. I am fectively on the Senate floor and with er than a Government loan program. committed to getting that done. So is We need to have certainty to what we his colleagues than the Senator from the Senator from Alaska, Mr. STEVENS. are doing. I know it will take a long Alaska. We are going to get that done. time to get the regulations ready. We It is an honor for me to be one of We are going to have to have a very those who have had the good fortune of carefully thought out loan guarantee did not agree to delaying the loan working with him. I respect him im- system that will get the satellites up, guarantee program last night; we de- mensely, and I, too, join in wishing to get the towers that are necessary to layed the authorization for it, and we him the happiest of birthdays. I make sure that that is done. The prob- will have that authorization by April wouldn’t be surprised at all if Cath- lem we have, as with so many other of next year. erine knows exactly how old he is issues we have been dealing with in the Mr. BAUCUS. Madam President, re- today. last week, is getting all of that done in serving the right to object, I hear my good friend from Alaska and the major- f the last few hours to make sure we get it done right without the whole process ity leader. They have States that have MAKING FURTHER CONTINUING being held up as we go forward. the same concerns as do we. Not for a APPROPRIATIONS I will talk to the Senator privately, moment do I doubt the intentions of MOTION TO PROCEED but he has my assurances—Senator both of the Senators. They are two of Mr. LOTT. Madam President, I ask DASCHLE and I will put a colloquy in the most honorable men I have had the unanimous consent the Senate now the RECORD—that we are going to get pleasure to know. They are wonderful proceed to the short-term continuing this done. We are going to get it done people. resolution. early next year. If there are dilatory But I also know how the Senate oper- The PRESIDING OFFICER. Is there tactics, we will have a bill that has ates. I also know that the best inten- objection? been carefully massaged by all of the tions often don’t materialize and some- Mr. BAUCUS addressed the Chair. relevant committees, not just one. We thing happens. I also know that some The PRESIDING OFFICER. The Sen- will either get it done straight up or we of the regulations I suspect the Sen- ator from Montana. will look for another vehicle. This is ator talked about—it is a lot easier for Mr. BAUCUS. Madam President, re- something to which we are committed, the FCC to write regulations than not serving the right to object, I speak on to which I am committed, and I know knowing in the abstract what the regu- behalf of 11 million Americans, at the Senator from Alaska is committed. lations are. I don’t know what they can least, many of them residents of the Mr. STEVENS. Will the Senator really do that is substantive or effec- State of Alaska. We haven’t solved the yield? tive in the next several months, or satellite home viewer matter. I don’t Mr. LOTT. I believe the Senator from whatever it takes. see why we can’t. It is very simple. All Montana— I also know that the only objection we have to do is put that loan guar- Mr. BAUCUS. Madam President, I to us proceeding really is one Senator antee in, which is very simple. If there yield to the Senator from Alaska with- who, for some reason, thinks he should are any wrinkles, they can easily be out losing my rights to the floor. have jurisdiction over this. It is an ‘‘in- worked out. It makes no sense for us to Mr. STEVENS. I certainly won’t side baseball’’ objection. It is not a go home without passing the loan guar- make a long statement. I still am very substantive objection in any great way. antee provision so that the satellite committed to the loan guarantee provi- I also know there is a lot in this om- viewers can rest assured and so that sions that were in the Satellite Home nibus bill that was written pretty those who are going to put up satellites Viewer Act. But I am also convinced quickly, where many minds got to- and develop satellites for local-to-local that we would have a period of time to gether to get something done. I also coverage are able to do so. I cannot un- get the regulations ready to proceed know that necessity is the motherhood derstand, on behalf of those 11 million with that guarantee program. It would of invention. If we want to do this, we Americans who can’t understand, why take roughly 6, 7 months. will find a way to get it in. in the world we don’t do something I am going to ask the FCC to start I am suggesting that a vast majority that is pretty simple. preparing those regulations now. We of Members of this body want to do it.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30576 CONGRESSIONAL RECORD—SENATE November 18, 1999 I suggest that 90 percent want to do it. as well as some Members of Congress, Allowing this opportunity to slip There is an objection not based on sub- on this issue. We had a chance on the through our fingers would be a griev- stance but based on another reason. omnibus package to right a wrong, to ous mistake. I very much appreciate the desire of remedy the crisis in West Virginia’s We can’t control what the people at the Senator from West Virginia to coal fields that was triggered by a re- the other end of Pennsylvania Avenue speak. But I might say that my object- cent Federal court ruling. But the say. We can’t control how they treat ing to proceeding here does not deprive White House blocked that effort, lead- America’s coal miners. But we can the Senator from speaking. He will find ing the charge to exclude the proposed speak up for what we believe here in ample opportunity, and I support his legislative remedy from the omnibus the Senate. We can send our message right to be able to speak. This is so bill. As a result, thousands of coal min- to the White House. black and white, so much of a no- ers in West Virginia, and throughout To get that message across, I hope to brainer, and there are millions of Appalachia, are facing a bleak and un- offer an amendment. I could speak at Americans in rural America who want certain future. length on the omnibus appropriations this thing, and there is so little reason Particularly troubling to me is that bill when it comes before the Senate. not to do it. the ammunition used to defeat this We could be here another week. We So I will object. proposal, the ammunition used to keep could be here another 2 weeks. The PRESIDING OFFICER. Objec- it out of the omnibus package, was, in They say time is running out for the tion is heard. large part, a campaign of misinforma- continuing resolution. Madam Presi- The majority leader has the floor. tion, led by the White House. dent, time is running out for the coal Mr. LOTT. Madam President, I yield My proposal is not antienvironment. miners and their families, and for the the floor. I believe the Senator from The White House would have you be- retired coal miners, and their wives, or West Virginia was prepared to proceed lieve otherwise. My proposal would not their widows, and their families. Time to discuss his issue. I think he probably weaken or in any way alter the Clean is running out for them. The President will do that. We will see what might be Water Act. Let the White House hear! wants this Appropriations Bill sent to done to address concerns Senators may The White House would have the people him, in Greece. Indeed! What are we have, and we will be back later. believe otherwise. Let me say it again. going to send to the coal miners who Mr. STEVENS. Mr. President, I This amendment which is cosponsored have been working for this country be- checked with my office. TEA 21, the by Mr. MCCONNELL, the senior Senator fore he was born? What are we going to highway bill, had a loan guarantee pro- from Kentucky; Mr. ROCKEFELLER, the send them? gram. It took 16 months for the regula- junior Senator from West Virginia; and I have seriously considered this mat- tions to be drawn before there was one Mr. BUNNING, the junior Senator from ter. This issue merits the time and the guarantee made. We have the process Kentucky, would not weaken or in any attention of Congress. I am prepared to to be started on the Satellite Home way alter, modify, change, repeal, give it some time. Viewer Act to create regulations for a amend, or undermine the Clean Water I don’t want to hold this measure up new loan guarantee program, and I said Act. interminably. I want to see action on it could be done in 6 months. My staff I know the White House has tried to it. I want to vote. I want to vote on tells me I was very conservative; it will mislead people into believing that it this amendment—the Byrd, McConnell, take much longer than that. We will would. It would not. Fie on the White Rockefeller, Bunning, et al. amend- have the law for authorizing the loan House! fie for attempting to mislead ment. guarantee done by the end of April. the people. Now, one can honestly be- So, I take these few moments to I do not believe that those who agree lieve what he is saying and can mislead speak the truth, to try to set the with me that there should be a loan or one can mislead with the intention record straight on the impact of this guarantee program should be worried of misleading. amendment, of which I am the chief co- about the deletion of that authoriza- All the Byrd-McConnell amendment sponsor, and to give this body, and tion now. The problem on the loan would do is preserve the status quo hopefully the other body, one more guarantee program is to commence the until an environmental impact assess- chance this year to protect the jobs drafting and, really, the presentation ment, which is already underway, is and the livelihoods of thousands of of the new program. It will be entirely completed and regulations resulting working men and women in West Vir- new. It is not similar to any conduct of from it are issued. That environmental ginia and throughout America, and to a loan guarantee program in history. impact assessment was not put in mo- give the White House one more chance So it will take a considerable amount tion by the White House; it was put in to reverse its current position and pro- of time. motion by a court action last Decem- tect the jobs of the coal miners. I want the RECORD to note there is no ber. We are not just talking about coal reason to oppose this bill and particu- No laws would be weakened by the miners; we are also talking about the larly to oppose this continuing resolu- Byrd-McConnell amendment. No regu- coal industry; we are talking about tion on the basis of the deletion of the lations would be discarded. The legisla- other laborers—the truckers, the rail- loan guarantee program from the Sat- tive remedy that is proposed by this way operators, the barge operators who ellite Home Bureau Act. amendment is not an either/or propo- go up and down the Ohio and other riv- The PRESIDING OFFICER. The Sen- sition. This amendment would permit ers. It isn’t just the coal miners union ator from West Virginia is recognized. carefully controlled mountaintop min- that is concerned. The AFL–CIO is con- f ing while allowing work to continue on cerned. Take another look! Take an- a broad environmental study that other look at those who are opposed MOUNTAINTOP MINING could spur better oversight and more and who work against legislation that Mr. BYRD. Madam President, in the environmentally friendly mining prac- will benefit the working men and rush to complete work on an omnibus tices nationally in the years ahead. In women of America. appropriations bill that will attract my book, that is a win/win situation. On October 20, a Federal district enough votes to pass both Chambers of This mountaintop mining proposal is court in West Virginia issued an opin- Congress without incurring a veto from an effort to stand up for America’s coal ion in a lawsuit involving Federal regu- the White House, a number of impor- miners—and the railway workers, and latory agencies that virtually set off tant measures that should have been in the truckers, and the suppliers, and all an explosion in the coal fields. Mining the conference report have ended up on who are involved directly or indirectly companies immediately announced the cutting room floor. One of those with mining. This proposal is an effort that there would be hundreds of coal issues is mountaintop mining. to stand up for the coal miners and the miners who would be cut off, and new I am extremely disappointed at the hundreds of thousands of jobs and the mines which were in the plans by com- shortsightedness of the White House, scores of other industries they support. panies to be built, would be scuttled.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30577 In some instances, a new mine costs environmentalists; you ought to be come where there are bad roads. They $50 million; it costs $75 million in some fighting for this amendment. You need an infrastructure that will sup- instances; and in some instances it ought to be urging us on in our fight port their industries and their people. costs $90 million, or more, to open a for this amendment. I am an environ- It takes time. It can’t be done over- new mine. What mining company is mentalist. Who was the majority lead- night. Those environmentalists who going to invest $90 million in a new er of the Senate when SMCRA was want it done overnight, it can’t be done mine when the Federal judge issues a passed in this body, the Surface Mining overnight. ruling such as this? There is no pre- Control and Reclamation Act? Who was Those MOUs established stronger en- dictability at all in the future. the majority leader of the Senate then? vironmental protections and regula- Before the court issued its opinion, Who stood up for you environmental- tions in West Virginia than exist in as part of a settlement the mining in- ists then? any other State in the Nation, bar dustry in West Virginia was operating West Virginia at one time was the none. I say to the Administration, your under two memoranda of under- only State in the United States that own regulatory agencies agreed and standing—two memoranda of under- had no wildlife refuge. I put money in worked out those regulations, and now standing that had been agreed upon. Appropriations bills, to bring the first you, the White House, want to turn Hear this: Two memoranda of under- wildlife refuge to West Virginia, the your back on your own environmental standing. I didn’t have anything to do last State among the 50 that got a agency, on your own Army Corps of En- with those memoranda of under- wildlife refuge. Hear me, environ- gineers, on your own Office of Surface standing. Who agreed? Who entered mentalists. Who put the money in for Mining. into agreements concerning mountain- the Canaan Valley Wildlife Refuge— Peter heard the cock crow three top mining? Who entered into agree- that West Virginia refuge was the 500th times, and then he hung his head in ments concerning mountaintop min- in the nation? I did. shame. He denied his Lord thrice and ing? Who entered into the memoranda I am an environmentalist. Who put then hung his own head in shame and of understanding? These were agreed the $138 million in for the fish and walked away. White House, hang your head in upon by the Federal and State regu- wildlife’s national conservation and shame! latory agencies. Hear me now! These training facilities at Terrapin Neck, But the court’s opinion, throw all three miles out of Shepherdstown, WV? were entered into and agreed upon by these things out the window. The Who fought 5 years in the Senate Ap- the regulatory agencies—both State MOUs, the agreements that have been propriations Committee for that $138 and Federal—that oversee mining per- entered into by this administration’s million? Who fought for it in the mits. regulatory agencies, are all thrown out What are those agencies that entered House-Senate conferences? This Sen- the window. The court ruled that the ator; this environmentalist fought for into this agreement? The Federal Of- way in which the agencies were oper- it. fice of Surface Mining, the U.S. Army ating did not follow the letter and in- Nobody wants a cleaner environment Corps of Engineers, and the State Divi- tent of the law. sion of Environmental Protection, the than I do. But I hope I also have some Hear that. I helped to create those Environmental Protection Agency. common sense. We know that in West laws. I supported the Clean Water Act. These are this administration’s regu- Virginia the great core industries have I supported the Surface Mining and latory agencies. This administration’s fueled the powerplants of the Nation, Control Reclamation Act. I supported regulatory agencies entered into those have fueled the war machine of the Na- it. But the court ruled that the way in agreements. tion. The coal industry, the steel in- which these agencies were operating Let me say that again. Hear me. dustry, the glass industry, the chem- did not follow the letter of the law and Who entered into those regulations? ical industry, these and other core in- intent of the law. Who were the parties to those agree- dustries have employed hundreds of Congress passed the law. The court ments? This administration’s regu- people in West Virginia. The core in- disagreed with the way in which the latory agencies, the EPA, the Army dustries are still there, but they are di- Federal regulatory agencies and the Corps of Engineers, the Department of minishing. There were 125,000 coal min- State regulatory agency interpreted the Interior through the Office of Sur- ers in West Virginia when I first ran the law. But the court was wrong. face Mining, and the West Virginia Di- for the House of Representatives in There are 20,000 miners, 20,000 voices vision of Environmental Protection— 1952. Today, there are only 20,000, give that come from the coal fields who say Federal and State agencies—created or take, in West Virginia. that the court was wrong. Its decision these agreements, devised these memo- These core industries cannot always was completely contrary to the intent randa of understanding. They weren’t be what they once were. But there are of Congress in passing those two laws, created by me. The administration’s those who want coal mining stopped the Clean Water Act and the Surface own Environmental Protection Agen- now. They want it stopped tonight. Mining and Control and Reclamation cy, the great Federal protector of our They want it stopped tomorrow. Shut Act. land, water, and air, helped to write it down! That is what they want. But While I disagree with the court, the and signed onto these memoranda of we can’t do that. It can’t be done over- ball is here. It is in our court now be- understanding. night. People have to work. Children cause the judge in his ruling said if ap- Do you, my friends, really believe have to eat. Widows have to live. We plication of Federal regulation pre- that the EPA signed agreements that have to continue to operate the mines. vents certain activities in the Appa- weakened environmental protections? We are trying to develop other indus- lachian coal fields ‘‘it is up to Con- Let me say to the White House: Do tries in West Virginia—high-tech in- gress.’’ That is this body and the other you believe that your own Environ- dustries. I have tried to encourage Fed- body. He said . . . ‘‘it is up to Con- mental Protection Agency signed onto eral agencies to look to West Virginia gress’’—and the legislature—‘‘to alter agreements that weakened environ- for a better quality of life, for a safer that result.’’ mental protections? No. No. These life, where the people who work can at So we have accepted the responsi- memoranda of understanding—called last buy a home, where people want to bility. The judge said it is up to Con- MOUs—put into place stronger envi- work and will turn in a good day’s gress. We, who are supporting this ronmental protections in West Vir- work. amendment, have accepted that re- ginia. We are trying to diversify our indus- sponsibility and we are trying to do Listen to this: These MOUs put into tries. It takes time. I have put appro- something about it. We are being im- place stronger—get it, now—stronger priations into the corridor highways of peded and we are being undercut by the environmental protections and regula- West Virginia, so that other industries White House, by my own White House. tions in West Virginia than exist in will be encouraged to come into West Almost immediately after the judge any other State in the Union. Hear me, Virginia and to expand. They won’t issued his ruling, confusion reigned.

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There was chaos in the coal fields. Lay- as far as I am concerned, they do know Mr. MCCONNELL. I thank my friend. off notices went out. Mining companies it. But they certainly ought to if they Mr. BYRD. What other impression announced that they might not make don’t. could one get? significant investments in the State This amendment would not harm the Mr. MCCONNELL. Because we have that had long ago been planned. That is Clean Water and the Surface Mining made it clear to them, haven’t we, real money that has to be spent. Those Reclamation Acts, would not harm what this is all about? It does not are real risks they take on. As a result those protections. This amendment change current law at all? of the court ruling, coal companies, would not lay a hand on those protec- Mr. BYRD. It does not change cur- truckers, barge operators, railroads— tions. It would not touch—not touch rent law at all. It doesn’t touch current none of them had any certainty that them. It would not even brush up law. the investments they might make against them. This amendment specifi- Mr. MCCONNELL. I thank my friend today would be justifiable tomorrow. cally states —now hear this, hear this from West Virginia. Some say, it’s just a West Virginia Senators—this amendment specifically (Mr. ROBERTS assumed the chair.) problem. You tell the people of Ken- states: Mr. BYRD. Mr. President, the White tucky that. Tell the people of Pennsyl- Nothing in this section modifies, super- House has pressed for changes in this vania that. Too bad for West Virginia. sedes, undermines, displaces or amends any amendment. The White House, accord- But I am here to say to my colleagues requirement of or regulation issued under ing to Mr. Podesta’s letter to the it is a national problem. Look out. the Federal Water Pollution Act commonly Speaker and Mr. Podesta’s letter to Look out. That cloud that is over West known as the Clean Water Act, or the Sur- me, wants a ‘‘time limited solution.’’ Virginia is headed your way next, Ken- face Mining Control and Reclamation Act of This amendment is limited to 2 years 1977. tucky. And MITCH MCCONNELL knows or to the completion of the ongoing that. That is why he is a cosponsor of What could be plainer? What could be Federal study which was ordered by a this amendment. That cloud just over clearer? What could give greater assur- court in December of last year and the the border, that cloud is just over the ance than these words that are in the issuance of any regulations resulting horizon in West Virginia. You will be amendment? from that study. next. And they know it. Look out, it is Mr. MCCONNELL. Will the Senator The White House argues that because coming your way next. But if you want from West Virginia yield for a ques- the district court has stayed its ruling, to head it off, the opportunity is here tion? the jobs of thousands of miners in West with this amendment. This is the time Mr. BYRD. Yes, I yield to my friend, Virginia and hundreds of thousands of to head off this dragon. Beat it back. Senator MCCONNELL. Yes, I do. workers in mining and related jobs on Take the sword that I offer, that MITCH Mr. MCCONNELL. So the Senator the east coast are no longer threat- MCCONNELL offers, that JAY ROCKE- from West Virginia is referring to the ened. The White House is wrong. FELLER offers, that Senator BUNNING sentence in a letter from John Podesta, The court, when it ordered the stay, offers, and all the other Senators the Chief of Staff of the President, said this stay has no legal basis. In whose names are on this amendment which says: other words, he said: The only reason I offer—take this sword. Take this As you know, this is consistent with the am issuing this stay is to pour a little sword, and fight for the working men President’s opposition to appropriation rid- oil on troubled waters, let the waters and women of this Nation, and do it ers that would weaken or undermine envi- calm down a little bit. All this chaos now. ronmental protections under current law. and confusion flows from my decision; Some may say, ‘‘I would like to. I I say to my friend from West Vir- I am going to put a stay on that. You would like to sign up. I am willing to ginia—I ask him, that is simply incor- can have a little time to get your put on the suit of armor—but what rect, isn’t it? breath. about the environment? We can’t upset Mr. BYRD. Absolutely. But he said there is no legal basis for the environment.’’ Mr. MCCONNELL. They are not tell- it, which means that the court could Let me assure my colleagues and the ing the truth, are they? lift the stay. When Congress gets out of people who are watching out there—let Mr. BYRD. They are not telling the town, who knows, the court may lift me assure you, this amendment is not truth. that stay. The court itself, as I say, the toxic monster it is purported to be Mr. MCCONNELL. They either know noted that there is no legal basis for by some of the environmental organi- it, in which case they are not telling the stay, but, in fact, that the stay was zations and by this White House. It is the truth, or they are woefully unin- issued in response to the uproar cre- not the toxic monster they purport it formed, aren’t they? ated by the court’s ruling. That is why to be. In fact, this amendment puts Mr. BYRD. They either know they we have a stay. into place in West Virginia—get this— are not telling the truth or they are The administration, whose represent- this amendment puts into place in woefully uninformed; exactly, pre- atives had been working with me on West Virginia the tougher environ- eminently precise. the language of this amendment, said mental standards prescribed by the Mr. MCCONNELL. The President to me there is no need now for any leg- very MOUs that this administration’s came to Hazard, KY, this year, and he islation. Do not believe it. own EPA helped to negotiate. But you bit his lip, and he felt our pain. And he The White House argues that because certainly would not know that from all said: What can we do for you? I am the district court has stayed its ruling, of the frothing at the mouth by people here in Appalachia to find out what I the jobs of thousands miners in West who either have no idea what they are can do for you, to make life better. Virginia and hundreds of thousands of talking about, or who, for some reason, This is it, isn’t it? I say to my friend workers in mining and related jobs on are deliberately trying to mislead the from Virginia. This is what they can do the east coast are no longer threat- people of this country. They either for us to make life better? ened. The court could lift its stay. Let have no idea of what they are talking Mr. BYRD. That is it, that is it, and me say again, the court itself noted about or they are deliberately and dis- it has my fingerprints on it, and it has that there was no legal basis for the honestly trying to mislead. your fingerprints on it, may I say to stay. Those who have expressed opposition my dear friend from Kentucky. We have no assurances as to how long to this amendment, including the Mr. MCCONNELL. And we have that stay will remain in place. It pro- White House, claim it would harm 20,000, 15,000 coal miners jobs in Ken- vides no comfort for coal miners. It clean water protections under both the tucky, and 65,000 additional jobs that provides no comfort for mining compa- Clean Water Act and SMCRA. There is would not be there but for coal. And nies who want to invest in new mines not a word—not a word—of that true, the only impression we can get from to employ more miners than their sons. and they ought to know it, the people this is, they don’t care. It provides no comfort to others whose who are saying it. As a matter of fact, Mr. BYRD. Exactly. jobs rely on coal, such as the trucking

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30579 industry, the barge industry, the rail- Loretta Lynn sings the song ‘‘I’m a effort requires time. And it requires road industry, the suppliers. To them, Coal Miner’s Daughter.’’ I married a money. And if you want to know the the stay is a stay. It is more like a coal miner’s daughter more than 62 worth of money, try to borrow some. It weekend pass. That stay has placed a years ago. My wife’s brother died of requires the development of improved cloud of uncertainty, a cloud that pneumoconiosis. He died of black lung, infrastructure, better highways, more hangs over the mining industry in West contracted in the coal mines. And his modern highways, up-to-date high- Virginia, a cloud that is sprouting father died under a slate fall—under a ways, safer highways, like those Appa- long, gray tentacles that will stretch slate fall. He died in the darkness. He lachian corridors that I have been try- across the skies of other States. died in the darkness. ing for years to build, and for which I I ask my colleagues and those who Many times I have gone to the min- have been horse whipped orally and are watching—and I hope the White ers’ bath house and pulled back the with the pen. I do not mind. I know for House is watching—just how many canvas cover and peered into the face whom I am working. I am working for companies do you think are going to of a coal miner whom I knew and who the people of West Virginia, and always sign up to any real commitment of fi- had been killed under a slate fall or will as long as the Lord lets me stand. nancial resources and invest the mil- killed by being run over by an electric Water and sewer systems, accessible lions of dollars that it takes to oper- motor. health care, safe schools—these are the ate? How many of them are going to Many times I have walked those kinds of basic facilities and programs sign up with this stay hanging over steep hillsides and helped to carry the that I have been promoting for many their heads? Why would they want to? heavy—and I mean heavy—coffins of years. I do not carry my banner today The permitting process was going miners who died following the edict of and throw it down when the speech is along swimmingly before the judge’s the Creator, when he drove Adam and over and go on somewhere else. Those decision. It was going along under the Eve from the Garden of Eden, saying: coal miners are still there. And they regulations that were agreed to and In the sweat of thy brow shall thou eat are going to still have my attention, created by the White House’s own regu- bread. And those coal miners know my respect, my reverence. latory agencies: the EPA, the U.S. what that means. In a letter threatening a veto of leg- Army Corps of Engineers, and the Inte- But this court ruling will take away islation containing this amendment, rior Department through the Office of the right of thousands of coal miners the White House claimed to be pre- Surface Mining. Fifty-nine of 62 pend- and truckers and railroad workers and pared to discuss a solution that would ing permits could not be approved barge operators to earn their bread in ensure that ‘‘any adverse impacts on under that stay. There are 62 pending the sweat of their brow. mining communities in West Virginia permits; 59 of these could not be ap- Hear me, coal miners! If you do not are minimized.’’ Well, talk is cheap. proved under that stay, according to know now who your friends are, you But any real solution to minimize eco- the West Virginia Division of Environ- soon will know. These dreamers would nomic impact on these West Virginian mental Protection as of Monday of this have us believe that if only our moun- communities won’t be cheap. week. If this amendment is not adopted, tains—if only our mountains—remain Back in July, the President of the there are those who will point to this pristine, new jobs will come. ‘‘Or,’’ United States appeared in Hazard, KY, day and call it a victory for environ- they suggest, ‘‘perhaps coalfields resi- where he delivered an address to the mental protection, but those individ- dents should simply commute to other people of Appalachia. Appalachia is my uals have not lifted a finger—they have areas for employment.’’ To these indi- home. I was married there. Our first not lifted a finger, have not lifted the viduals I say, ‘‘Get real!’’ daughter was born there. Our second smallest finger—to help the many resi- Those of you in the White House, who daughter was born there. I went to dents of Appalachia who do not have have been working behind my back on school there. I graduated from high safe water piped into their modest this amendment, go down there and school there in Appalachia. homes for their little children to drink. talk to those coal miners. Tell them The President of the United States They do not carry banners. They do not what you have done. expressed great sympathy for the eco- carry banners and placards and write You do not have to drive the dan- nomic distress in these mountainous letters and lobby Congress about the gerous, winding, narrow roads over States. It was an uplifting speech. He is fact that those same streams they ap- which these workers would have to very capable of giving uplifting speech- plaud themselves for protecting from commute each morning and evening. es. It was a speech that reached out to rock and dirt are being polluted by the When the picket signs are gone, when the human spirit and built great expec- wastewater of communities that are the editorials in the big city papers are tations. Calling on corporate America too poor to build sewage plants. lining bird cages, the people of the to invest in rural America, President These head-in-the-clouds individuals small mining communities will be left. Clinton said: ‘‘This is a time to bring peddle dreams of an idyllic life among You will be gone. You have thrown more jobs and investment and hope to old growth trees, but they seem to be down your banners. You have thrown the areas of our country that have not ignorant of the fact that without the down your placards. You have thrown fully participated in this economic re- mines, jobs will disappear, the tables down your candles. But those people of covery.’’ And I say: Amen, brother! will go bare, the cupboards will be the small mining communities will Amen. empty, schools will not have the rev- still be there. They will be left to re- I agree with that message. It is the enue to teach the children, and towns pair the economic damage. right thing to do. We should be bring- will not have the income to provide Mining will be part of the economic ing jobs to Appalachia. We should be even basics. But what do they care? base of my State for the foreseeable fu- bringing new businesses, too. But how They will have already thrown down ture, and new ways must be explored to can one peddle hope while undercutting their placards and their banners and make mining practices more environ- the real jobs and businesses that do gone off somewhere else. mentally friendly. And I am for that. exist in Appalachia? If we don’t act These dreamers—I know, I have been At the same time, we have to recognize now, if the court lifts its stay, we will down there. They have been carrying that the amount of coal reserves in be back here a few months from now their banners around some of the meet- West Virginia is finite. We must con- battling this issue all over again. It ings that I have addressed. They might tinue to broaden our State’s economic may not just be West Virginia then. It as well talk to the trees. I am speaking base. But such change cannot happen may be your own States, Senators. It for the coal miners. I lived in a coal over night. may be your people, Senators. It may miner’s home. I grew up in a coal min- A new economic base cannot spring be your families. er’s home. I ate from a coal miner’s from the ocean foam. It cannot ema- There may be an appeal of the judges table. I slept on a coal miner’s bed. I nate from the brain of Jove, like Mi- ruling, and that appeal may lead to a lived under a coal miner’s roof. nerva, fully clothed and in armor. That more equitable outcome. However, that

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30580 CONGRESSIONAL RECORD—SENATE November 18, 1999 appeal may simply maintain the lative remedy is needed, and is needed Thanks to my friend from West Vir- judge’s decision and put us squarely now. They agree that there must be a ginia, I had a unique experience last back where we have been in recent balanced approach. What this amend- week. As the proud possessor of a zero weeks, trying to address the matter ment does is simple. It establishes a rating from the AFL–CIO, I had never Congressionally—trying to reaffirm fair, moderate balance between jobs been invited to a rally by the United well-established Congressional intent and the environment, while also pro- Mine Workers of America. Thanks to that has been followed for the past 20 viding for additional review and regu- the distinguished Senator from West years while striving for improvements lation once the environmental impact Virginia, who I assume warned the in the way mining is conducted. study is complete. crowd to say nice things or at least to In the meantime, with the scales It is time to put aside whatever ani- refrain from throwing anything, I tipped against them, mining families mosity exists between the coal mining joined him on the west front of the must hold on to a crumbling ledge. The industry and the environmental move- Capitol last Tuesday and had an oppor- heel is poised above their fingertips, ment. tunity to watch Senator BYRD in ac- ready to mash down. I am not much for making pre- tion in a different environment. I have We have a pretty good idea who the dictions, but I can make this one: the seen him many times on the floor, al- opponents of this effort are. But what coming years will bring us more chal- ways persuasive and always effective, of the supporters? Let me tell you who lenges like this, when the environment but never before a rally largely of his is standing by us: The United Mine and the economy must be harmonized. people and my people who make their Workers of America; the National Min- Today is a test of our ability to deal livelihood mining coal. ing Association; the U.S. Chamber of those challenges ahead. I must say, it was a memorable expe- Commerce; the Bituminous Coal Opera- This nation can put a man on the rience. If I ever do my memoirs, I say tors Association; the AFL–CIO—hear moon. Surely, we can adopt a solution to my friend from West Virginia, that that, White House, the AFL–CIO—the to this problem that protects the envi- experience will be in it. We have joined National Association of Manufacturers; ronment and protects jobs of the coal- together today. And there are many the Association of American Railroads; fields. others on this side of the aisle, and I the United Transportation Union; the This amendment seeks to go back to hope we will have some on that side of the aisle, who have had enough of this Norfolk Southern Railroad; CSX Rail- the regulations and the agreements administration declaring war on legal road; the Brotherhood of Railroad Sig- that made up the status quo ante be- industries engaged in an honest effort nalmen; the International Union of Op- fore the judge’s order—that is all we to keep the engines of this country erating Engineers; the Brotherhood of ask—the status quo ante agreed upon moving forward. We have a number of Maintenance of Way Employees; the by the administration’s EPA, by the Republican Senators from the West, Brotherhood of Locomotive Engineers; administration’s Army Corps of Engi- and they all informed us over the years the Transport Workers of America; the neers, by the administration’s Depart- about the war on the West. Senator Brotherhood of Locomotive Engineers; ment of the Interior, the Office of Sur- DOMENICI and Senator CRAIG have edu- the International Brotherhood of Elec- face Mining. That is what we ask. And we ask not only for justice, but we ask cated some of us southerners about the trical Workers; the Utility Workers problems they have had. And I am Union of America; American Electric also for mercy for the coal miners and the other working people of America. pleased to say I have supported them Power. over the years, without exception, in You see, the environmentalists sent a I ask unanimous consent that the their efforts to preserve those jobs in letter to the White House, and they names of the cosponsors and sponsors of this amendment be printed in the the mining industry out west. listed a few organizations that were Well, I would say the war on the West RECORD, and they are as follows: supporting their opposition to this is moving east, and we are beginning to Senators BYRD, MCCONNELL, ROCKE- amendment. But listen to this list, too. feel the sting. Even though this amend- FELLER, BUNNING, REID, CRAIG, BRYAN, This amendment has its friends. ment was generated by a very poorly HATCH, BENNETT, MURKOWSKI, CRAPO, I continue with the reading of the reasoned district court decision in the ENZI, BURNS, and KYL. I have not put list: the Southern States Energy Federal court in West Virginia, let me forth any big effort to shop this Board; the Southern Company; the say that is just the beginning, as the around. I also add Senators BREAUX, United Steelworkers of America; the Senator from West Virginia has point- SHELBY, GRAMM, and GRAMS, as cospon- Independent Steelworkers Union—it ed out; it is just the beginning. isn’t just coal miners, you see; these sors. All the Byrd-McConnell amendment The PRESIDING OFFICER. Without are brothers—the Laborers Inter- seeks to do—not just for coal mining objection, it is so ordered. national Union of North America; the but for hard rock mining as well—is to The PRESIDING OFFICER. The dis- American Truckers Association; the restore us to the existing law, at least tinguished Senator from Kentucky is International Brotherhood of Team- with regard to coal mining, as the dis- recognized. sters; the American Waterways Opera- tinguished Senator from West Virginia tors; the International Union of Trans- f has pointed out. The letter from the portation Communications; the Amer- MORNING BUSINESS White House, from Chief of Staff John ican Federation of Teachers; the Amer- Mr. MCCONNELL. I ask unanimous Podesta to the President, either lies or ican Federation of State, County, and consent that there now be a period of is woefully ill informed. Municipal Employees; the American morning business until the hour of 5 It is clear to this Senator that the Federation of Government Employ- people downtown don’t care what the p.m. and that the time be divided in ees—White House, it isn’t just ROBERT facts are. They don’t care about the the usual form. BYRD and MITCH MCCONNELL and JAY The PRESIDING OFFICER. Without 20,000 coal miners in West Virginia and ROCKEFELLER and Senator BUNNING, objection, it is so ordered. the 15,000 coal miners in Kentucky. PETE DOMENICI, LARRY CRAIG, and PHIL They really don’t care. I don’t think f GRAMM, and the fine Senator who sits they have bothered to read the amend- BYRD-MCCONNELL MINING in the Chair, PAT ROBERTS. It isn’t just ment of the Senator from West Vir- these. It isn’t just the House delega- AMENDMENT ginia because, as he pointed out a few tion, the three Members of the House Mr. MCCONNELL. Mr. President, I moments ago with regard to coal min- from West Virginia. These are not first thank my friend from West Vir- ing, we are seeking to reestablish the alone. ginia for his leadership on this extraor- status quo, agreed to and entered into It is also the National Council of dinarily important issue to my State by the most radical EPA in the history Senior Citizens. and to his and, for that matter, to all of the country. There is no question in These groups—representing millions the people of Appalachia where coal is my mind that whenever any environ- of citizens—agree with us that a legis- mined. mental group in America hiccups, it is

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30581 felt downtown. Anytime they object to ing jobs in a critically important in- ORDER OF PROCEDURE anything, the administration falls in dustry for our country? Mr. CRAIG. Mr. President, I ask line. Senator BYRD has really covered the unanimous consent that following my It has been fascinating to watch this subject, and there is not much I could statement, Senator ROCKEFELLER from issue develop because it pits the envi- add, other than just to read once again West Virginia be allowed to speak. ronmentalists against the unions— what this amendment is about. Noth- The PRESIDING OFFICER. Without truly a Hobson’s choice for the admin- ing in our amendment modifies, super- objection, it is so ordered. istration. When they had to pick a side sedes, undermines, displaces, or between the environmentalists and the amends any requirement of or regula- f coal miners in West Virginia and in tion issued under the Federal Water EXTENSION OF MORNING Kentucky, it is pretty clear whose side Pollution Control Act, commonly re- BUSINESS they chose. They don’t care about ferred to as the Clean Water Act, or the Mr. CRAIG. Mr. President, I ask these jobs. They are not interested in Surface Mining Act of 1977. So in re- reading this amendment. They really unanimous consent that morning busi- sponse to this outrageous and ridicu- ness be extended until 5:30 p.m. don’t care what is in the amendment. lous court decision, we have not pro- They are willing to sacrifice the 20,000 The PRESIDING OFFICER. Without posed changing the law. The judge, in objection, it is so ordered. coal-mining jobs in West Virginia and his decision, has made it clear that he the 15,000 coal-mining jobs in Kentucky expects us to clear this up. He is invit- f in order to score points with a lot of ing us to legislate. That is what we are BYRD-McCONNELL MINING environmentalists—who, I assume, hoping to do. AMENDMENT enjoy having electricity all the time so The EPA, the Office of Surface Min- Mr. BYRD. Will the Senator yield? they can read their reports—decrying ing, the Corps of Engineers, and other Mr. CRAIG. Yes. the people who work in the industry so relevant agencies are in the process of Mr. BYRD. Mr. President, I forgot to important to our States. Clinton and conducting a thorough environmental mention the specific names of two Sen- GORE are determined to put the agenda impact study. At the conclusion of this ators cosponsoring this amendment. of the fringe environmental groups and process, if any of these agencies believe The two are Nevada Senators, Mr. REID Presidential political concerns ahead it is necessary, they may create new and Mr. BRYAN. I wanted to mention of the needs of coal miners in Appa- environmental regulations addressing their names for the RECORD. lachia. the practice of mountaintop mining. As I said earlier in a colloquy with Mr. CRAIG. Mr. President, I am glad Some might say that Senator BYRD the Senator from West Virginia has in- the Senator from West Virginia, and as and I and others are trying to delay the cluded our two colleagues from the he referred to in his speech, the Presi- inevitable. I argue just the opposite. I State of Nevada. Today, Nevada is dent came to Appalachia last summer. argue that, by maintaining the status probably the lead mining State in our He happened to have picked my State. quo and allowing the EIS to move for- Nation as it relates to the production He came to Hazard, KY. It was a large ward, you allow coal operators the of gold. crowd. They were honored to have him ability to make the long-term plans es- For the last hour you have heard there. The mayor of Hazard is still sential to the viability of this industry. talking about it. It was one of the high probably some of the most eloquent So there are only two things you points of his life. The President looked statements spoken on this floor on the need to remember about our amend- out at the people in Hazard, many of issue of coal mining. The Byrd amend- ment: No. 1, it doesn’t alter the Clean whom make a living in the coal mines, ment does not deal only with coal, al- Water Act. No. 2, it doesn’t alter the and he said, ‘‘I am here to help you.’’ though it is extremely important, and Surface Mining Act. It seeks to pre- Well, Mr. President, we need your the public attention of the last week serve the status quo. help. I assume the whole idea behind has been focused on a judge’s opinion coming to Kentucky was not to in- I say to all of you who you are going about coal, coal mining in West Vir- crease unemployment. My recollection to be down here asking us someday to ginia, Kentucky, Pennsylvania, and up of what that visit was about was how help you save jobs in your State be- and down the Appalachia chain of this the Federal Government could actually cause of some outrageous action on the country. produce new jobs for the mountains— part of this administration—and some But the amendment also has some- something a lot of people have talked of you have done that already—we need thing else in it that my colleague from about and few have been able to de- your help. We need your help. This is West Virginia and I agreed to some liver. Well, we would like to have new an extraordinarily important vote to time ago: When we talk on this floor jobs, Mr. President, but I can tell you our States. The honest, hard-working about mining, when we talk about the this: We would rather not lose any people who make their living in the economy of mining, the environment of more of the few jobs we have remain- mines are under assault by this admin- mining, and the jobs of mining, we ing. That is not a step in the right di- istration, and we would like to call a would stand together; that we would rection. halt to it. We hope we will have your not allow our political differences to We don’t have as many coal jobs as help in doing that. divide us. Because if you support the we used to. The production is about the Let me conclude by thanking again economy of this country, you have to same. The employment is much small- the Senator from West Virginia for his stand together. er. Every time there has been an im- extraordinary leadership on this impor- I am absolutely amazed that the provement in the coal-mining indus- tant issue to his State and to my State Speaker of the House or the senior Sen- try—whether on top of the mountain or and, frankly, we believe, to a whole lot ator from West Virginia would get a underneath the mountain—safety has of other States because the principle is letter from the White House of the gone up, and that is important. But very sound. We call on our colleagues kind to which both he and the Senator employment has gone down. We are not from the West—even those of us who from Kentucky have referred. Lying? I yet ready to walk away from coal in have been voting with you over the hope not. Uninformed? I doubt it. Here this country. We have not built a new years weren’t quite sure what it was all is the reason I doubt their lack of in- nuclear plant in 20 years and are not about, but we have figured it out. This formation. likely to build any more. These people whole thing is moving its way east. We For the last 7 years, this administra- are engaged in an indispensable activ- need your help. tion has been intent on changing cur- ity. They would like to have a little Mr. President, I yield the floor. rent mining law. I am referring pri- support from down on Pennsylvania The PRESIDING OFFICER. The dis- marily to the law of 1872. I am refer- Avenue. Where is the compassion? tinguished Senator from Idaho is rec- ring primarily to hard-rock mining on Where is the concern about these exist- ognized. public lands, because the laws that the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30582 CONGRESSIONAL RECORD—SENATE November 18, 1999 Senator from West Virginia referred to The tragedy of that statement is that vada, and Kentucky, and the plains of that were passed in 1977, the Surface it was a lie because the Freedom of In- Texas. Mining Control and Reclamation Act, formation Act shows that every State Let me say to that marvelous young have become law, and established the director wrote a letter to the solicitor American sitting at his or her key- principles and the policies under which a year before I asked him the question board: As you touch that keyboard to- we would mine the coal of America. and every State director of every State night, and it lights up for you and it Then, on top of that, came the Clean office of the Bureau of Land Manage- energizes, it is the electricity gen- Air Act, the Clean Water Act, and the ment said this is a practice in our erated by the coal of West Virginia National Environmental Policy Act— manuals and has been used consist- that gave you the power to reach the all of them setting a framework and a ently since the 1872 law was imple- Internet and to reach the stars beyond. standard under which we could mine mented. That power surge through connections the minerals and the resources of this What did solicitor John Leshy do be- created of gold and silver came from country and assure our citizens it fore the Mining Subcommittee of the the mines of Idaho, from the mines of would be done in a sound environ- Senate? He perjured himself. That is Nevada, and from the Western States. mental way. what he did. And the Freedom of Infor- Please, America, broaden your vision As the laws of West Virginia, which mation Act shows that. of what it takes to make the leading are the laws of America, which are the I would say to the Senator from West economy of the world work so well. laws this Senate passed, apply to coal Virginia and the Senator from Ken- It is our clean air, it is our clean mining, at least in the instances of the tucky, my guess is that the informa- water, and that we are proud of. But 60 Clean Air Act and the Clean Water Act, tional mind that wrote the letter that percent of America’s electricity is gen- they, too, apply to the mining of the John Podesta sent to you came from an erated out of the coal mines of Amer- west—to hard-rock mining, to gold agency that had already perjured itself ica, and the connections that create mining, to silver mining, to lead and before the U.S. Senate. I know that as the fluidity of the flow of that elec- zinc mining, and to open-pit gravel op- fact. I give that to you on my word and tricity so there is less restriction is the erations of America. with my honor. gold and the silver of the West. That is Yet there is an attorney—not a Therefore, in the Byrd-McConnell what makes our country work so well. judge, not an elected U.S. Senator, but amendment is a provision that said: That is what makes our country the an attorney—who sits at a desk at the Mr. Leshy, you cannot arbitrarily or cleanest country in the world. Department of Interior and upon his capriciously overturn over 100 years of Our leadership, our policy, our clean own volition 2 years ago decided he mining law. That is not your job. You coal technology, our ability not to tear would rewrite the mining law of this are a hired attorney. You are not an up the Earth anymore—but when we country—a law that had been in place elected Senator or a President. That is do, we replace it, we reshape it, we since 1872, tested in the courts hun- our job—to change public policy and to change it—that is our law that causes dreds of times, and that in every in- do it in a fair and sound environmental it to happen. That is the law that this stance one principle stood out and was way. Senate crafted. So, no, we cannot be upheld. That was the principle of mill We are all environmentalists. The extreme nor can we be radical. We have sites and how the operating agency, senior Senator from West Virginia said to offer balance and we will offer that primarily the BLM, could, upon the re- it so clearly. I say what I mean. And we in the context of the best environment quest of a mining operation under a all know as politicians and public peo- we can create. mining plan uniform with its processes, ple that none of our colleagues have I will not forget, when I asked Alan ask for additional properties under ever run on the dirty air or the dirty Greenspan to come before the Repub- which to operate its mine. Consist- water platform. We are all proud of our lican Policy Committee this spring to ently, for over 100 years, the Federal environmental records. We want the talk about surplus and how we handle agencies of this country have granted air and the water to be clean. them, afterwards I said: Mr. Greenspan, those additional mill sites. But have you ever driven to the you watch our economy everyday; why The attorney I am referring to, prior mountains of the west or the moun- is it so good? Why is it literally pulling to his job with the Secretary of Inte- tains of West Virginia? They are rug- the rest of the economy of the world rior, was an environmental activist. In ged and steep. We must craft unique with it? Last month, unemployment in the late 1980s, he wrote a book. His policies and procedures to mine the this country was 4.1 percent; average book decried the tremendous environ- wealth from underneath those moun- wage, $13.39 an hour, the highest aver- mental degradation that the mining in- tains. It is a tough struggle. We know age wage ever and the lowest unem- dustries of America were putting upon it. We have learned in the last decades ployment rate in 29 years. And we do it this planet. In that book, he said there to do it in a much better way than our with the cleanest of the environments is a simple way to bring the mining in- forebears. That is called good environ- of the developed nations of the world. dustry to its knees. ‘‘If you can’t pass mental policy and good stewardship. Why do we do it? Mr. Greenspan said it laws to do it, you can do it through Every one of us is an environ- well: We just know how to do it better rule and regulation.’’ Those are his mentalist. But we are not radical pres- than anybody else. We know how to words. He wrote it in the book, which ervationists who would deny the thou- mine better than anybody else. We was well read across America. sands of working men and women in know how to create economies better When I asked that solicitor to come West Virginia and Kentucky no food than anybody else and, in almost every before the subcommittee I chair, which for their table, no money in their pock- instance, we do it with the minimal is the Mining Subcommittee, I quoted et, or no education for their children. If form of government regulation. back to him his own words and said: If you don’t like the environment here, The Senator from West Virginia that is not what you said, then what get in a car and drive down the road. makes a very clear case. It isn’t that are you doing now? He didn’t say yes, To heck with your job and to heck with West Virginia was trying to do it bet- but he didn’t say no. Here is what he you. ter. They were. It is that this White did say. He said: I have reached out to I understand the young person in House won’t support this effort. They every State director of every BLM op- urban America today sitting at his or have not chosen to follow the route of eration in this Nation, and I have her keyboard, working the high-tech the environmental community. They asked them if the process I have over- economy of our country, saying to the have chosen to follow the word of a few ruled by my decision is a process that Senator from Idaho, West Virginia, and radical preservationists who would ask has been well used by the agency. He Kentucky: What are you talking young Americans to turn on their com- said they responded to him: Not so— about? Does it make much sense? We puters tonight to the light of a candle. very lightly used and only used in re- want a clean environment. Save the If it is the light of a candle that will cent years. mountains of West Virginia, Idaho, Ne- lead this world, computers will not

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30583 turn on, the economy will not energize, because it was true at the outset. We to central West Virginia, to northern and the men and women of West Vir- did it to make the point even clearer West Virginia, to other parts of our ginia will go hungry. for those who would raise this point. country: We are going to make these I support the Senator from West Vir- Senator BYRD made the points most enormous changes, very radical in ginia because he supports mining, as I clearly and most powerfully. This their content today because tomorrow do. It is time our Senate and the House amendment, on which we are asking will be a new day, because transition in bring balance to this issue. I hope they for support, simply puts into law the America somehow just simply happens, support attaching this critical amend- memorandum of understanding which I and we move from one sort of a core in- ment to the continuing resolution. hold in my hand, which has been signed dustry type of economy in West Vir- I yield the floor. off by the Environmental Protection ginia to a modern, totally smokeless The PRESIDING OFFICER (Mr. SES- Agency, by the Office of Surface Min- type of economy, and there does not SIONS). The distinguished Senator from ing in the Department of Interior, and need to be any interruption. So we will West Virginia is recognized. by the Corps of Engineers. The signa- come in and we will stop this business Mr. ROCKEFELLER. I note the pres- tures are here—the signature from the called mountaintop mining. ence of the Senator from Louisiana on Environmental Protection Agency, a In the process of that, we are prob- the floor. I inquire if the Senator wish- very high senior official, the signature ably, unless this amendment is agreed es to speak at some point on this sub- from the Regional Director at the Of- to, going to stop much of the under- ject. fice of Surface Mining, the signature ground mining of West Virginia and Ms. LANDRIEU. I thank the Senator. from the brigadier general of the U.S. Kentucky and the 13 to 16 States in I do wish to speak. I am happy to wait Army Corps of Engineers, and the sig- this country that produce coal because until the Senator has completed his re- nature from an official in West Vir- the effect under the law, under the marks, if he could let me know how ginia. judge’s rule, says this can happen. long he will be. The point is the Environmental Pro- I want my colleagues to understand Mr. ROCKEFELLER. I will speak, tection Agency has approved, and the something about my State of West Vir- then the Senator from Texas will OSM and the Corps of Engineers have ginia. We are not on the coasts. We do speak, and then I ask unanimous con- approved and given their official writ- not have the advantage of the trade sent that the Senator from Louisiana ten stamp of approval in writing, right that flows to the Atlantic coast or the be permitted to speak. here. This equals this amendment. Pacific coast. We do not have the ad- vantage yet, entirely, of the access The PRESIDING OFFICER. Without There is no difference therein. I am not that comes from the interstates that objection, it is so ordered. one who either baits or ridicules the cut through our mountains and would Mr. ROCKEFELLER. I thank my dis- environmental movement nor do most allow us to become part of the flowing tinguished senior colleague who has of my colleagues. been daunting and relentless in his pur- This country is constructed under economy that so much of the rest of suit of his amendment, which is a very the republican nature of its form of the Nation simply takes for granted. But most importantly, let me say to good amendment, an amendment which government as a system of checks and my colleagues, and let them hear this, deserves to be passed. balances. I have a tremendous interest please, with understanding: Only 4 per- What is fascinating to me has been in health care public policy. I spend a cent of the land of West Virginia is said before by others. I will go back to lot of time being upset with the Health flat. Only 4 percent of the landmass of the letter from John Podesta at the Care Finance Administration called West Virginia is flat. All of the rest of White House, the Chief of Staff to the HCFA. There are people, obviously, it is going uphill or going downhill, ei- President. He said that any solution who are upset by EPA. By and large, I ther at great steepness, very great that would undercut water quality pro- think EPA tries to do within its own steepness, or somewhat lesser steep- tection under the Clean Water Act, or understanding the best job it can. By ness; it is not flat. Only 4 percent is under SMCRA, the Surface Mining and large, I think one of the reasons flat. Control and Recreation Act, simply is the environmental condition of our Imagine, then, trying to construct an unacceptable, and that the President’s country is gradually improving, al- economy, an economy developing, opposition to appropriations riders though slowly, is because some of those much less the life of schools, the life of that would weaken or undermine envi- people take positions which are not families, the life of recreation, the life ronmental protections under current popular with members of this body or of a State, on 4 percent of the land and law would be unacceptable. the other body or with Governors or then moving up the side of hills, where I emphasize as strongly as I possibly with the public. I do not ridicule what one can do that, and hoping the winter can he is wrong in that statement. The they do. will pass quickly because it is very fact that he is wrong in that statement However, I do think they know in hard to plow those roads. It becomes a is of the utmost importance to our col- their hearts that what Senator BYRD very difficult situation in the southern leagues if they or their staffs are lis- and Senator MCCONNELL and some of part of our State. tening as they come to a decision the other Members are trying to do is You cannot simply say we mine coal about this amendment. If he were completely consistent with the intent today and we do biotechnology and in- right, that would be an entirely dif- of Congress, in fact, in the case of formation technology tomorrow. You ferent matter. However, he is not right. SMCRA, for over the last 20 years. cannot walk across the Grand Canyon To make it perfectly clear, we have in- Let me say this before I talk about in one step. cluded that in the legislation that Sen- the importance of mining in West Vir- Senator BYRD and the junior Senator ator BYRD and Senator MCCONNELL put ginia and the problems of simply po- from West Virginia, together, in dif- forward. I will read it again for those tentially eradicating coal mining—not ferent ways, have been trying very ag- who may not have been listening be- just across West Virginia and Ken- gressively, over the last number of fore: Nothing in this section modifies, tucky but, if this were to be extended years, to modernize the economy of supersedes, undermines, displaces or and this were to catch fire, eradicating West Virginia. We have been doing so amends any requirement of or regula- the potential for the 57 to 60 percent of with a respect for our basic indus- tion issued under the Federal Water electricity which is fueled by the use of tries—steel, chemicals, coal, wood, nat- Pollution Control Act or the Surface coal across this country—that there is ural gas, et cetera—but also under- Mining Control Reclamation Act of a balance. I recognize, sometimes when standing that the world is changing, 1977. people say that, people say that is a that we are globalized. This Senator It would be law. It is the case, in any word they use to get out of this situa- has spent the last 15 years making event. We added this not because we tion or that situation. But this country trips back and forth to various Asian thought it would be fortuitous to add has to run on a balance. One cannot countries, trying to globalize the econ- it, not because we needed to add it, but simply say to southern West Virginia, omy of West Virginia through reverse

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30584 CONGRESSIONAL RECORD—SENATE November 18, 1999 investment and through the increase of with this amendment. But I was Gov- body comes along and says, oh, you exports. Indeed, the increase of exports ernor of West Virginia at that time. We should do that, you should restrict the in the last 5 years has gone up by 50 were faced with this question of what size because you can’t fill valleys, they percent in West Virginia. So we are we were going to do about surface min- are wrong. Under the Federal law, they making progress. ing and the Federal act. are wrong. The Federal law specifically But we do not start from the base I will say two things. One is that I provides for that. I will not read it. I that so many other States have. So have known for a long time, and I have will simply hold it up. Here it is in what happens in southern West Vir- been told by many people in and out of SMCRA. It specifically provides for ginia if the Senate or the Congress government, that a good deal of the being able to do valley fill. turns its back on this amendment is Federal act was based upon what it was If the Federal judge who made this something I would like people to think that we were doing, what it was I was decision in West Virginia wants to about. We would lose approximately $2 causing to happen as Governor in West eliminate that—but then again, in his billion in wages. Senator MCCONNELL, Virginia, in the way that surface min- opinion recently, he said: Nothing I am in his very good remarks, mentioned ing was carried out. In other words, saying here is anything on the basis of 4.1 percent of people are unemployed in West Virginia, I will then say from merit; it is all on the basis of saying we this Nation. That is not true in the that statement, has a higher level of want a little peace and calm so that part of the State that we are talking requirements of surface mining than do the Federal Government, the Congress, about, in West Virginia. The counties I other States and higher, in general can litigate on this matter and decide would mention would be six. In terms, I might say, than the Federal what needs to be done, which is why McDowell County there is over 14 per- Government. Senator BYRD, Senator MCCONNELL, cent unemployment today. The reason But I also want to say Cecil Andrus, and a number of us went ahead with it is not higher is because so many of who is from the West and was tough— this amendment. the people who were there have left. If he was a tough Department of Interior We did have a system whereby the they had stayed there, the figure would Administrator, Secretary of the Inte- two sides—I do not even like to use the be much higher. rior—gave West Virginia something words ‘‘two sides’’—the environmental In Mingo County, which has a lot of called primacy on surface mining. community and the industrial commu- coal reserves of very high quality—that All of this we are talking about—sur- nity, could come together and work to- is high Btu, low-sulfur-content coal—it face mining being the opposite of un- gether. We had a system in which one is over 14 percent, over 14 percent. The derground mining; anything that is not of the people who works with me spent national average is 4.1 percent—that is underground is surface; whether it is 5 weeks in the coal fields working with terrific, in Connecticut, Colorado, mountain mining or surface mining, it the environmental people, working other places. I am proud of that, happy is all up above the ground—he gave us with the State people, working with for that. But in Mingo County it is 14 primacy. We were the first State in the the mining people, working with the percent. In Boone County it is less Nation and the only State for quite a union people. They came very close to than that; it is 13.9 percent. A lot of period of time to receive primacy. almost a total agreement on what our low-sulfur, high Btu, highly desir- What he was saying by that is that should be done. There was only one able for the making of steel coal is pro- you in West Virginia do your surface area on which they could not reach duced in that county; Logan County, mining reclamation so well that we are final agreement. It was something 13.5 percent; Lincoln County, almost 11 going to give you the authority to go called a buffer zone. They could have percent; Wyoming County, almost 11 ahead, and we will back out of it com- reached a final agreement. Then the percent. pletely; we have no jurisdiction any- Corps of Engineers came along and Can one understand what that means more; you have jurisdiction unless you blew the whole thing out. to me as a human being, much less as start to do things which are wrong. I appeal to my colleagues to under- a U.S. Senator, when one struggles in Then we will take it back. stand there is a role and a place for land which is so steep, so desperately I was very proud of that. That caused reason, compromise, balance, and sen- steep, land which used to be, many mil- me to have some of the views I have sible action in all of this. This world is lions of years ago, higher than Mt. Ev- today. not divided between people who are erest? Because that is what the Appa- When we talk about not gutting the strictly environmental in their pur- lachians were; they were the tallest Clean Water Act or not gutting poses and people who are strictly for mountains in the world. Over these SMCRA, we in West Virginia cannot af- jobs in their purposes. There has to be millions of years, they have been ford to gut, so to speak, those Federal that balance. ground down, but they have not been acts in a far more intense way than Global warming is a fact. I do not ground down to a level where economic most other States because if we do, we dispute the science. I look around me; activity is readily accessible. We can- are hurt by them much more than I feel the temperature; I understand not put the great big highways so eas- other States because of the enormously what is going on. On the other hand, at ily into that kind of terrain. mountainous, hilly nature of our State, the same time I have those feelings in Senator BYRD has done a remarkable with only 4 percent of it being flat. All my bosom, having to speak grown up job in trying to do that. But not all the rest of it goes up or it goes down at as an adult, as a VISTA volunteer in those roads have been built, and only a one level or another. We have to re- the southern coal fields of West Vir- couple of those have been built in spect the laws. ginia, that these people who are mining southern West Virginia because the Mountain mining has changed a bit coal—the coal miners Senator BYRD cost per mile is so prohibitively high. over the years in the sense that it has talks about so eloquently—are doing Even if the Federal Government pro- gotten rather larger in the area it cov- what they know how to do and doing it vides the money, the State can’t match ers. Most of us in Congress understand the best way they possibly can. it. So progress is slow. that mountaintop mining in West Vir- If we are not able to get our amend- I also want to say something that is ginia is never going to be the same. In ment accepted, if the judge lifts the very important to me personally. This fact, the congressional delegation in stay, if his decree goes into effect, min- Surface Mining Act goes back to when the House and the Senate wrote an ar- ing will more or less cease to exist in I was Governor. The Senator from ticle in the West Virginia papers in West Virginia because nobody will in- Idaho made those comments. I did not which we said it is true, it never is vest; nobody will say: All right, let’s agree with everything the Senator going to be the same. just wait for a couple of years and then from Idaho said, incidentally, about ei- It may be possible we cannot afford we will come back and look at West ther the Environmental Protection to have, as far as the mountains are Virginia. That will not happen. It will Agency or other things, but I agree concerned, these enormous areas that be more or less the end of mining in with the thrust on what he wants to do are mined all at once. But when some- West Virginia, not just in southern

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30585 West Virginia, but it will probably be and this Senator, and our congres- night. One day I had the confidence of all over West Virginia because every- sional delegation, try our very best them. They were looking at the lan- where there are effects of the judge’s every single day to try to improve the guage, making any responses they opinion. economic situation of our State, bring- wished to make to express their view- We have to have both. We have to ing in new industry that does not cre- point. The next day they were 100 per- have a way for people to provide the ate any kind of pollution or industries cent on the other side. electricity the Senator from Idaho that are entirely smokeless and en- So I say this amendment is a test. I talked about to turn on those com- tirely of a new order. But it cannot be say to the working men and women of puters. We have to have a way to light done, as Senator BYRD said, overnight. America, do not believe the pretty up this Senate and to light up the So you cannot have a crashing deci- words you may hear. Pretty words are homes of people all over America. As I sion which descends on the good people easy. And I have heard pretty words indicated, 57 to 60 percent of all the of southern West Virginia and northern myself. Watch what happens with this electricity in this country is made by West Virginia that deprives them not amendment, I say to the working men coal. It is not made by nuclear power. only of their self-respect but of their and women of America. Watch what It is not made, at this point, by natural ability to eat, to get medical care, or happens to this amendment. See if the gas. It is made by coal. It is a fact of to exist as human beings. actions of those who say they are your life. Reasonable people understand We have not distinguished ourselves friend do match those pretty promises. that. in this country in taking men or I thank my distinguished friend and You cannot just obliterate that and women in their 40s or 50s or 60s, and colleague. I am pleased to associate pretend there are not going to be con- saying: All right. You are finished as a myself with his remarks. Well done, sequences. Nobody wants economic coal miner. Now we are going to train my friend. devastation. I do not think any of our you to do something else. We talk Mr. ROCKEFELLER. I thank my sen- colleagues want economic devastation about it all the time, but we do not do ior colleague and I yield the floor, Mr. on the State of West Virginia. I do not it. We do not know how to do it. The President. think that is in their hearts; I do not Canadians do; we do not. The PRESIDING OFFICER. Under think that is what is in their minds; So to banish people into oblivion is the previous order, the Senator from but that is what is in the process of not something which is common with Texas is recognized. happening unless this Byrd-McConnell the practices of the soul of America, f amendment is, in fact, agreed to and any part of the soul of America, or any becomes part of the national law. All it part of the soul of this body. That is SOMETHING IS OUT OF BALANCE will do is put into law precisely what what would happen, however, were this IN AMERICA the Environmental Protection Agency, amendment to fail. Mr. GRAMM. Mr. President, it is the Office of Surface Mining, and the I commend to my colleagues the in- easy when you come to work every day Corps of Engineers have officially tegrity of the Byrd-McConnell amend- in the most historic and important signed off on as policy. ment; I commend to my colleagues the building in the world to forget you are The stakes are tremendously high in honesty and the environmental sound- part of history—to forget you are in a West Virginia, and the stakes are tre- ness of the Byrd-McConnell amend- sacred place where history has been mendously high not only in Kentucky ment; and I commend to my colleagues made in the past. But it is even easier but all across this country. This is the enormous crisis which potentially to forget you are making history now. kind of a watershed decision we are will take place if it fails because, as But I am reminded that we are mak- about to make. Are we going to find has been said, what starts in West Vir- ing history now when I listen to Sen- some kind of a compromise, a way of ginia—because this has now been ator BYRD speak with righteousness on working things through, or are we picked up by the national movement— behalf of the working people of West going to deem each other to be en- will move from State, to State, to Virginia. And might I also say, I have emies, one to another, one on one side, State, to State. never heard a more eloquent speech in one on the other—one environ- Mr. BYRD. Mr. President, would my the Senate than Senator CRAIG’s mentalist, who either feels or is distinguished colleague briefly yield speech that he gave earlier. deemed to feel they have no interest in for a comment in connection with Having heard those speeches—includ- jobs—which I doubt because environ- something he said? ing Senator MCCONNELL’s and Senator mentalists are people, too—or on the Mr. ROCKEFELLER. I certainly will. ROCKEFELLER’s—I do not want to rise other side coal miners who then turn Mr. BYRD. Mr. President, when I to talk about the substance. I do not on environmentalists as being totally went up to Rhode Island on Saturday, a think you can improve on what they hostile people. All that does is degrade few weeks ago, to attend the funeral had to say. But there is an important the content of public discussion and de- services of the late Rhode Island Sen- point, at least in my mind, that I want grade the possibility of a reasonable ator John Chafee, the national press to make; and that is, something is resolution. people—the Washington Post, the New wrong in America. Something is out of I hope very much this amendment York Times—who were right on that balance in America. will be adopted. I regret very much the plane indicated that the administra- If tomorrow in West Virginia a sub- White House has been so difficult on tion was supportive of that amend- species of crickets develop that have this whole matter, having given their ment. That was on Saturday. legs 6 millimeters longer than crickets word to the senior Senator from West I had run the language by the admin- as we know them, or that have brown Virginia and then reversed it the next istration’s representatives, who come or white specks on them, they would be day, having given their word on mat- to this hill often. I hoped the adminis- protected before the law. They would ters of steel during the course of a tration would support the language. So be protected by the Endangered Species campaign in the northern part of our I was quietly running the language to Act. There would literally be thou- State and then reversed their view on the administration and certainly get- sands of people who would be willing to that. One almost wonders whether or ting the support of the administra- troop to West Virginia and hold signs not there is an assault that is taking tion—if not openly, at least they were and demand that this new sub-species place on West Virginia. not opposed to it. We were working of crickets be protected. But we are struggling. We know that with them tacitly. But yet when the livelihood of people along with two or three other States, The very next day the tune changed, who hear that alarm ring at 4:30 a.m. in we have more economic problems than and the newspapers announced the ad- the morning—and if you grew up in one any other State in the country. We live ministration was against the Byrd of those houses—I know Senator BYRD with that. We live with that every day. amendment. So they flip-flopped over did—the next sound you would hear is We try our very best. Senator BYRD, night; they made a 180-degree turn over those two feet hitting the floor. It is

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30586 CONGRESSIONAL RECORD—SENATE November 18, 1999 predictable. You know what is going to ment than the ability of the people in and forth, as suggested, it would con- happen, whether it is raining or wheth- West Virginia, or Kentucky, or Texas, cur with the unanimous consent agree- er it is not raining. These are people or any other State in the Union to ment pending. who get up every day, who work hard, make their house payment, or their Mr. KERRY. I ask unanimous con- who struggle to make ends meet, who ability to earn a livelihood, or their sent that following the Senator from sit down around the kitchen table on ability to have self-respect in their own Texas, the Senator from Louisiana be the first day of the month and get out worth of what they do. recognized for 10 minutes; following that stub they got with their paycheck. We are not talking about tearing that, the Senator from Alaska be rec- Then they take the back of an enve- down America’s environmental laws. ognized for 5 minutes; the Senator lope, or a piece of paper, and they try No country in history has a better en- from Minnesota for 5 minutes; and I to figure out how they are going to be vironment than we have. No country would like to follow the Senator from able to pay their bills, and who they has spent more resources and legiti- Minnesota for 5 minutes. can get by without paying this month. mate effort on their environment than Mr. LOTT. Reserving the right to ob- They contribute to America by pro- we have. ject. ducing things America needs. f The PRESIDING OFFICER. The ma- I think something is out of kilter in jority leader. America when our laws are more fo- EXTENSION OF MORNING cused on protecting sub-species of BUSINESS Mr. LOTT. To clarify that, when the crickets than they are focused on pro- Mr. GRAMM. Mr. President, I ask District of Columbia appropriations tecting people who earn a living with unanimous consent that morning busi- conference report and its parts arrive, the sweat of their brow and with their ness extend until 6 p.m. that will be taken up at that point re- hands. The PRESIDING OFFICER. Is there gardless of the order. But then, of I think something is very wrong in objection? course, when that is completed, we can America when there does not seem to Mr. WELLSTONE. Mr. President, re- go back to this order. be much focus on working men and serving the right to object—and I shall Mr. KERRY. Mr. President, again, women. And what was moving to me not—there are some of us who would may I ask the distinguished majority about Senator BYRD’s speech is he was like to speak on this debate concerning leader: I think we have such a tight speaking on behalf of the people who this particular issue and who have been containment here, there are some who work with their hands, and who work waiting for a while. Could we get some have some problems off the floor. So it for a living, and who often do not have sequence of order perhaps? may be that he would be held up by much of a voice in American Govern- The PRESIDING OFFICER. Under about 5 minutes, I think, in total. ment. the previous order, Senator LANDRIEU Mr. LOTT. If it is something like I am not here to criticize people who is to follow, and Senator KOHL is to fol- that, it should not be a problem. But have focused, in some cases, their lives, low Senator LANDRIEU. There is no UC. they are voting in the House at this their civic activity, and their leisure Senator LANDRIEU was the last covered. time, so the papers will be headed this time activity on the environment. But Mr. GRAMM. As far as I am aware, way. Rather than holding up the debate I think something is wrong when, in fo- we have gone back and forth from the getting started, I think with the order cusing on the environment, we forget Democrat side to the Republican side. I we have lined up, we should be all about people who work for a living and have listened to five other people right. I think we could extend the col- are affected. speak. I have been well served by hear- loquy to the point where we couldn’t I think, in some cases, environ- ing their speeches. I will be as brief as do the business of the Senate. mentalism has gone too far. I think, in I can. Mr. KERRY. Would the majority some cases, that it has become anti- Mr. WELLSTONE. Mr. President, I leader then permit us to put in place growth. Maybe that makes sense if you ask unanimous consent that I be in the request we have made? live in a fancy air-conditioned house order of sequence on the Democratic Mr. LOTT. I withdraw my reserva- and if your children have gone to col- side as we move back and forth. tion. Mr. GRAMM. Mr. President, reserv- lege. If you have boundless opportuni- The PRESIDING OFFICER. Without ing the right to object, if we could sim- ties, it makes sense to say we need to objection, it is so ordered. protect the environment at all costs ply accommodate every speaker, while The Senator from Texas. and that there is no burden that is too realizing that we are waiting for the great to bear. After all, the person say- omnibus bill to come over from the Mr. GRAMM. Mr. President, it is ob- ing that already has a piece of the House, may I suggest we amend that vious that there are a lot of people who American pie and has already generally unanimous consent request so that the want to speak. Let me sum up by say- lived the American dream. Senator be recognized in the order of ing that in an era where I think we But I think what Senator BYRD has the sequence we have, but that when have gotten Government out of bal- reminded us of is that not every Amer- the omnibus bill comes over from the ance, where extremist elements are de- ican has lived the American dream. House, it continue to take precedence? termined to impose their will and their Not every American has gotten a piece Mr. KERRY. Reserving the right to values—often at the expense of the jobs of the pie. object, Mr. President. of people who work with their hands I think when we have focused so The PRESIDING OFFICER. The Sen- and who, in the process, contribute to much on a sub-species of crickets, it is ator from Massachusetts. America—when we become callous to about time that people in the Senate Mr. KERRY. It is my understanding the needs of working people by cater- stand up and say: What about people the Senator appropriately asked for an ing to people who are often quite well who make a living in the mining indus- extension until 6. It is my under- off and quite successful and quite com- tries of this country—people who have standing the Senator from Louisiana fortable, who, in some cases, would put had placed on their livelihood less wants to speak for only 10 minutes, or their interests and their hobbies ahead weight by American law than we place less. The Senator from Minnesota of working people, it is very important on the assumed well-being of sub- wants 5 minutes. I think if we could that we have someone such as Senator species of crickets? I think something get an order, we could contain it with- BYRD who pulls us back to reality. is out of balance in America. I think in the time and everybody would be I think Senator BYRD mentioned my we need to bring it back into balance. satisfied. I ask the Senator from Alas- name as a cosponsor. But just in case I think we need to remind people who ka how long he wants to speak. he did not, I ask unanimous consent are so concerned about one particular Mr. MURKOWSKI. In responding to that my name be added. element of the environment that there my friend from Massachusetts, about 6 The PRESIDING OFFICER. Without is no more basic part of the environ- minutes. I am satisfied if we go back objection, it is so ordered.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30587 Mr. GRAMM. I am proud to support countries; and 37 percent of these chil- Myers, Sikeston, Missouri, James and Denise this amendment. I think the adminis- dren were adopted by private agencies. Jones, Grand Rapids, Michigan, Fletcher tration has become dominated by peo- The poster behind me is a collage of Thompson & Jim Thompson, Spartanburg, just a few of the 130,000 legally freed South Carolina, Carol McMahon, Pittsburgh, ple who are more concerned about spe- Pennsylvania, Lori and Willie Johnson, Rus- cific elements of the environment, as children awaiting permanent families. sellville, Arkansas, Candice Mueller, Ewing, they define it, than they are concerned Some of them are only children and New Jersey, Joan McLaughlin, Morristown, about the environment based on good some are sibling groups, some are New Jersey, Carol Stoudt, Fargo, North Da- science. I think they are more con- younger children some are older. Al- kota, Bill and Laura Trickey, Kansas City, cerned about their values than the though they are all different, all of Missouri, Tom and Debbie Ritter, well-being of the people who do the these beautiful children are looking for Warrentown, Missouri, Debbie Breden, work and pay the taxes and pull the someone to love and care for them and O’Fallon, Missouri, Senator Gordon and Sharon Smith, Hope Marindin, Chevy Chase, wagon in America. to make them a part of their home. Maryland, Doreen Moreira, Cabin John, It is easy for a planner or an idealist The fact remains that there are half Maryland, Sky Westerlund, of Lawrence, to set out a policy and act as if de- a million children in foster care. By Kansas. stroying the livelihood of a coal miner way of comparison, allow me to refer Doug and Mary Spangler, Kansas City, is as irrelevant as simply overturning a to a hometown landmark, the Super- Vivian Robinson, Harrisburg, Illinois, Rev- regulation. But we know the difference dome. The Superdome has hosted sev- erend George Coates, Eldorado, Illinois, Ms. Gloria King of Oakland, California, Becky between a regulation and the livelihood eral superbowls—the Saints have never and Mike Dornoff, Williamsburg, Michigan, of a coal miner. It is because we know been to one there, but other teams Steve and Cherie Karban, Rapid River, the difference that we are here. have. We can seat about 80,000 people in Michigan, James L. Gritter, Traverse City, I hope this amendment passes. I hope the Superdome. To get an accurate vi- Michigan, Ms. Sidney Duncan, Detroit, it sends a clear signal that the Clinton sion of the number of children, picture Michigan, Anne Pierson, Lancaster, Phila- administration has become an extrem- 5 superdomes filled with children, one delphia, Jane Sarnes, Lexington, Nebraska, ist administration in terms of the envi- in every seat. That is a lot of chil- Peggy Soule, Rochester, New York, Laurence ronment. This is a bipartisan effort. I dren—if you think about one in each and Jane Leach, Raleigh County, West Vir- ginia, Judge Gary Johnson, West Virginia, think it is important. I think it pulls seat in five Superdomes—in need of Hays and Gay Town of Baton Rouge, Lou- us back to the center in recognizing we homes in America. isiana, David and Jane Zatz Redmond, Wash- want a better environment. But we The average age of children in foster ington, Dennis and Shirley Smithson, Nash- want to look at costs and benefits. We care is 9.5 years. The problem is many ville, Tennessee, Anne Desiderio, Albu- want to look at science. When we are children spend the average of 3 years in querque, New Mexico, Francis Ann Mobley, putting thousands of people out of foster care. Three years is too long to Daytona Beach, Florida, Kurt and Stacy work, we ought to stop and reflect on live without the love and security of a Stahl, Lake Oswego, Oregon, Sallie Olson, Lake Oswego, Oregon. what we are doing. Senator BYRD is permanent family. We need to shorten Ruth Ann Gaines, Des Moines, Iowa, Larry asking us to do that today. I am proud that time. If a child has to be removed and Jackie Bebo, Berthoud, Colorado, Gary to join him in this effort. from their biological parents because Cerkvenik and Kim Stokes, Britt, Min- I yield the floor. of terrible, unfortunate circumstances, nesota, Aimee Oullette, Milwaukee, Wis- The PRESIDING OFFICER. The Sen- they should spend a short time in fos- consin, Bill and Brenda Baker, Redfield, ator from Louisiana. ter care and then be placed perma- South Dakota, Richard and Karen Butler, Faith, South Dakota, Reverend Ed and Diane f nently with a loving family. Seventy percent of the children available for Nesseslhuf, Vermillion, South Dakota, NATIONAL ADOPTION MONTH Debbie Hoffman, Sioux Falls, South Dakota, adoption and foster care are under the Ms. LANDRIEU. Mr. President, I am Melvina and Louie Winters, Pine Ridge, age of 10. They should not spend their South Dakota, Geraldine Bluebird, Pine appreciative of the 10 minutes granted tender years without a home. Ridge, South Dakota, Scott and Val Parsley, to speak on a different subject. I under- True, we are making progress and we Madison, South Dakota, Mrs. Brenda Edusei, stand that mining is an important should be proud. In 1996, 28,000 children Bedford, New Hampshire, Debra Klopert, St. issue and deserves our attention. Until in foster care were placed in permanent Louis, Missouri, Jessica Dennis of Rosedale, it is resolved, we will probably be homes. It is projected that, in 1999, the New York. working for many days. I know that number will be 36,000, an increase of Ms. LANDRIEU. Here are some ex- the Senior Senator from West Virginia about 30 percent. amples from around the country. I will feels very passionately about this In celebration of those who made this read into the RECORD just a few. First issue, and other Members may want to progress possible, the Congressional of all, the Congressional Coalition on add their remarks as the evening goes Coalition on Adoption instituted a Adoption has recognized the Freddie on, so I will try to be brief. wonderful idea that we hope will go on Mac Foundation of Virginia, nomi- A week from tomorrow, many of us year after year, The Congressional An- nated because of countless contribu- will head home to be with our families gels In Adoption. We asked all of our tions to the promotion of adoption. In and celebrate Thanksgiving. In my colleagues to send in recommendations this year alone, Freddie Mac has do- mind, it is extremely appropriate that for individuals in their respective nated millions of dollars to help fund Thanksgiving falls in this month, States and districts who had done programs for adoption and foster care. which many of you know is National something extraordinary in the area of Their commitment and dedication Adoption Month. For like Thanks- adoption. I would like to submit for the demonstrates their unique under- giving, National Adoption Month is a RECORD a list of the 55 families who standing that there is more to a home time not only for celebration but also have been nominated and selected for than four walls. We thank the Freddie for reflection. the first 1999 Angels In Adoption Mac Foundation for their effort. So let me begin with some facts Awards. I will read a few more brief entries to about adoption that people may find I ask unanimous consent that this give an example of some of the people interesting in hopes that this would be list be printed in the RECORD. that were honored. My friend, the Sen- something the American people will There being no objection, the mate- ior Senator from Arkansas, submitted embrace. In 1992, the last year for rial was ordered to be printed in the a family from Russellville, Arkansas, which adoption statistics were avail- RECORD, as follows: Lori and Willie Johnson. In an increas- able, there were 127,000 children adopt- 1999 ANGELS IN ADOPTION ingly self-absorbed world, Lori and ed in the United States. Forty-two per- Willie Johnson remind those around Freddie Mac Foundation, Virginia, Nancy cent of these children were adopted by Kleingartner, Bismarck, North Dakota, Jeff them of the meaning of the word ‘‘self- step parents or relatives; 15 percent of and Earletta Morris, Marshalltown, Iowa, less.’’ They are the proud parents of 17 these adoptions were from foster care; Earl and Judy Priest, Caldwell, Idaho, Dave children, 13 of whom are adopted and 5 percent adopted children from other Thomas, Dublin, Ohio, Peter and Mary have special needs. Because of their

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30588 CONGRESSIONAL RECORD—SENATE November 18, 1999 love and dedication, these children make the reality of a permanent and can’t be done. This is how they propose have a family to call their own. loving home real for so many children to eliminate mining. In my State of From Spartanburg, South Carolina, who need it. Alaska, we would not have a new mine we have selected Fletcher Thompson Thank you. developed, nor could we. and Jim Thompson, nominated by our I yield the remainder of my time. You are depriving us and this coun- colleague in the House, JAMES DEMINT. The PRESIDING OFFICER. The Sen- try the right to produce minerals from Having practiced adoption for over 25 ator from Alaska. the rich resources we have. years, they are rightly considered f Make no mistake; the Solicitor wrote adoption experts. They place over 100 the opinion to end mining in the West, BYRD-MCCONNELL MINING children a year. They practice law in a to drive mining offshore, to drive the AMENDMENT way that helps build families and jobs offshore, and to drive the dollars brings hope to children and joy to par- Mr. MURKOWSKI. Mr. President, I offshore. ents. We thank them for their great think we all owe a tremendous debt of The provision in this amendment work. gratitude to the senior Senator from would allow mining operations that I would also like to mention, the West Virginia. have been submitting plans prior to a Angel from Idaho—since the Senior What we have now is a situation con- recent Solicitor’s opinion to continue Senator from that State was on the cerning mining in the U.S. where a cru- under the law and the precedent that floor earlier speaking about the impor- cial decision is either going to be made was relied on the developed plan. tant mining issue,—as Co-chair of the to maintain an atmosphere where min- The second issue is also a simple pro- Congressional Coalition he nominated ing can continue or through the pre- vision that would require the adminis- Earl and Judy Priest from Caldwell, vailing attitude within the Clinton ad- tration to follow sound science for a Idaho. For over 25 years, the Priests ministration to simply drive this in- change—not emotion. have opened their hearts and home to dustry offshore. The provision would limit the ability children of all ages and abilities. They The Clinton administration, by its of the Secretary of the Interior to pro- are parents of five children, three of actions, evidently opposes the working pose new hard rock mining regulations whom are adopted. In addition, they people of America who are involved in for those areas where the National have fostered 160 other children. mining. Academy of Science found that there Hays and Gay Town, from my own Those opposing Senator BYRD’s pro- were deficiencies. Why not give science home State of Louisiana, founded and posal basically are destroying the en- a chance instead of emotion? personally funded an agency that has tire coal industry which exists west of Finally, the National Academy of placed over 200 children. They have the Mississippi—the mine workers Science found that State and current also reached out to help young mothers whose jobs depend on that industry, Federal regulations on hard rock min- in crisis. the railroad workers, the barge men, ing sufficiently protected the environ- There are many examples, from Cali- and the truck drivers. ment and needed only a few changes to fornia to New York to Louisiana to I think it is important to note that bring it up to current standards. Michigan. There have been examples of Senator BYRD’s amendment directs the What is wrong with the objective of judges, attorneys, parents who have application of the Clean Water Act to the National Academy of Science? adopted children, advocates in the be returned to the way it was at the be- There are two simple provisions: One community, agencies, who are really ginning of October of this year. that provides fundamental fairness by contributing to making our goal of Senator BYRD’s amendment does not allowing companies that have relied on finding a home for every child in Amer- change the law. It does not change any 127 years of interpretation to continue ica and the world a reality. practice that has been followed over while the courts sort out whether this In closing, I would like to remind my the years. It is our job to change the new interpretation is legal; and one colleagues, of several pieces of pending law—not the White House and not the that requires the administration to fol- legislation concerning adoption. First, courts. low and comply with sound science. we look forward to passing, with Sen- Senator BYRD’s amendment gives the We are calling for fundamental fair- ator HELMS’ and Senator BIDEN’s lead- Congress and the Federal agencies time ness and sound science. But the White ership, the Hague Convention on Inter- to apply existing law without destroy- House, in its single-minded determina- country Adoption. This treaty will, for ing the coal mining industry of this tion to end the domestic mining indus- the first time, lay out a framework for country—time to apply the law, or try, seems to have denied us both. international adoption. Mr. Chairman, make such adjustments that are nec- I certainly appreciate the support of as a lawyer and a former prosecutor, essary in a way that protects the envi- the senior Senator from West Virginia. you most certainly know the impor- ronment, the coal mining industry, and He has a sympathy and an under- tance of laying out a legal framework all those who depend upon that indus- standing for the needs of the mining in- to prevent fraud and abuse, reduce try for their well-being. dustry. costs and make the process easier for We are looking for a balance. The ad- Unfortunately, we have seen these families adopting abroad. Together ministration’s proposal throws this out differences of opinion between the West with Senator ABRAHAM, I have intro- of balance. and the East. But we certainly now duced the Adoption Awareness Act to The amendment goes further. There have a common interest. fund a nationwide campaign promoting are two additional issues involved. There is going to be little for the do- adoption. Through this campaign, we One deals with the recent Solicitor’s mestic mining industry to celebrate hope to encourage potential adoptive opinion that would throw out 127 years this Thanksgiving. parents to open their homes to a wait- of precedent on the size of mill sites— The White House, to serve its envi- ing child. only 5 acres per claim, if followed ronmental constituency and the aspira- Finally, we hope to be able to in- through with, this would make mining tions of, I guess, the Vice President, crease the present adoption tax credit on public lands absolutely impossible. has abandoned the call for sound from $5,000 to $10,000. I do not know how many Members science. They are appealing to emo- As you can see, there is a lot of work have an idea about what it takes to tion. we have to do when we come back. I make up a mine. The mine needs a mill We need fairness. We need to meet want to take this opportunity, once site, grinding and crushing facilities, the needs of the men and women who again, to recognize all of our ‘‘Angels shops, processing plants, tailings dis- labor in our mines. in Adoption,’’ and to thank my col- posal, headquarters, a water plant, This Nation will pay the price as coal leagues for all the good work they have parking lots, and roads. This simply mines in West Virginia, mining sites done on this issue. I look forward to cannot fit on the space provided within throughout the West, and in my State working with them when we return to the 5-acre mill site per claim. It simply of Alaska close. Good, honest jobs that

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30589 built this Nation will be lost. Union lived in the mountains their whole I thank the distinguished Senator for and nonunion workers will join the lives speak up. So I want to speak up yielding. bread line that this administration will by raising this question on the floor of I ask unanimous consent Mr. SHELBY leave as its legacy for the mining in- the Senate. be added as a cosponsor to the amend- dustry. I also want to say to my colleague, ment. I yield the floor. Senator BYRD—and others—who, as I The PRESIDING OFFICER. Without I thank the President for his patience said, from his heart cares about the objection, it is so ordered. and perseverance. miners, that when I hear some of my The PRESIDING OFFICER. The time The PRESIDING OFFICER. Under colleagues talk about the miners, I of the Senator from Minnesota has ex- the previous order, the Senator from hope there will be equal concern for the pired. The Senator from Massachusetts Minnesota is recognized. miners in east Kentucky when they is recognized. Mr. WELLSTONE. Mr. President, my don’t have the unions. Right now, they f understanding is that Senator KOHL can’t see 6 inches in front of them be- GRATITUDE TO JEANETTE BOONE was seeking recognition. I ask unani- cause of the coal dust level. I hope we SMITH mous consent that Senator KOHL be al- will have the concern for the health lowed to speak for 5 minutes after Sen- and safety of the miners. When I hear Mr. KERRY. Mr. President, I want to ator KERRY. speakers on the floor, I hope we will share with all of my colleagues, par- The PRESIDING OFFICER. Without have the concern on raising wages; I ticularly with the citizens of Massa- objection, it is so ordered. hope we will have concern for civilized chusetts, the deepest sense of apprecia- Mr. WELLSTONE. I thank the Chair. working conditions; and I hope we will tion I have for the longest serving Mr. President, I come to the floor to have a concern for the right of miners member of my staff, someone I have speak with some mixed feelings be- and other people to be able to organize been privileged to have work with me cause I have heard several of my col- and bargain collectively. since I entered elective office in 1982. leagues, and I specifically want to talk When I hear about the President’s Jeanette Boone Smith is leaving my about the remarks of Senator BYRD trip to Hazard, KY, where is the con- staff after serving all of that time, and Senator ROCKEFELLER for whom I cern for poverty? I hope we will also since 1982, both in the Lieutenant Gov- have a tremendous amount of respect. I see the same kind of commitment to ernor’s Office of Massachusetts and in know when they speak about miners, health care, to education, to affordable the Senate. Throughout those years, they speak from their hearts, and they child care, to economic development, Jeanette has symbolized the values and speak from their souls. and all of the rest. the priorities I have tried to represent I haven’t looked at the specific word- It is a little bit too much to hear in the Senate. I am, indeed, extraor- ing of the amendment. But I want to some colleagues frame this debate in dinarily fortunate to have had her raise some questions, if this amend- these terms given this broader context. friendship and her counsel throughout It is a difficult question. I said to ment comes to a vote. I will look at the my public life. Senator BYRD earlier I have not looked amendment and then decide. Jeanette embodies the fight for at the specific amendment yet. I will But I think I heard some of my col- equality and for social justice that de- do that. But I don’t want any Senator leagues trivialize this question. Just fines the entire second half of this cen- to come to the floor and act as if there looking at it from another very impor- tury. Her life is filled with stories of isn’t some question—again, the Sen- tant point of view, I can say that I personal struggle, public struggle, and ator can clear this up for me—as to have spent a considerable amount of of triumph, of sacrifice, and of victory. whether or not, given section 404 of the time in eastern Kentucky. That is She was born in Englewood, NJ, and Clean Water Act, we are or are not cre- she remained in that State throughout where my wife’s family is from. I spent ating a loophole. That is a terribly im- young adulthood. For Jeanette, public some time years ago with an organiza- portant question for me to resolve be- service and political action came very tion called ‘‘Save Our Cumberland fore a final vote on the issue. Mountains’’ in east Tennessee. Mr. BYRD. Will the Senator yield? early. She became president of When my colleagues come to the Mr. WELLSTONE. I am happy to Englewood’s Fourth Ward Democratic floor and talk about this as saving yield to the Senator. Club, where she worked for local and some exotic species, they are not talk- Mr. BYRD. The distinguished Sen- national Democratic candidates. Her ing about what I have seen with strip ator has mentioned my name. The commitment to ensuring equality of mining. What I have seen with strip word ‘‘waste’’ has been used. The news- opportunity and access to resources led mining in east Tennessee and east Ken- papers have repeatedly used the word her to fight tirelessly for the integra- tucky is a situation where, first of all, ‘‘waste,’’ saying this amendment that I tion of the Englewood schools and for the coal mining companies came to the am sponsoring is to let coal companies public housing. The success of the cam- region and took an awful lot of the continue to dump their waste into the paign in which she was involved opened wealth, and then they left an awful lot streams. up education and affordable housing to of the people poor. As to the use of the term ‘‘waste,’’ the whole community, and it serves as But one of the things people had was the Clean Water Act, section 404, gov- just one example of the countless times their streams, rivers, and their creeks. erns the disposal of ‘‘dredged and fill’’ Jeanette sacrificed her time and her They had the outdoors, and the land materials into waters of the United energy to help provide a better life to that they loved. States. Excess material from coal people who had traditionally been de- I want to say to my colleagues that mines has always been regulated in nied the full measure of the American when you take the tops off these moun- this fashion as ‘‘dredged and fill’’ mate- dream. tains with the strip mining as opposed rial under section 404 of the Clean Jeanette interviewed with me in Jan- to deep mining, and you let the left- Water Act. uary 1983 when I was putting my staff over rock and earth get dumped into Judge Hayden in West Virginia, how- together for the Lieutenant Governor’s the adjacent valleys and bury or pol- ever, determined that excess material Office. From that time on, through lute streams, it raises a big question. from coal mines is ‘‘waste’’ and, as those early years, she served as my ex- Again, I say, in deference to my col- such, could not be disposed of in valley ecutive assistant, performing the end- leagues, that I know what they are say- fills. less and thankless tasks that all here ing. We will have a chance to analyze For 20 years, the stream buffer zone understand are so vital to our ability this and then decide how to vote. regulation has not been interpreted as to be able to manage our schedules and But I do not believe this is a trivial preventing the disposal of excess mate- our State operations. As the years question at all. I have seen commu- rial from coal mines into streams. passed, she took on greater responsibil- nities ravaged by this strip mining. I Rather, Congress relied on the Clean ities as the director of constituent have seen courageous people who have Water Act to govern this activity. services where her warm, generous,

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30590 CONGRESSIONAL RECORD—SENATE November 18, 1999 open personality, and remarkable com- the floor sometime this evening, there bill. I tell you, not a leader, not a sin- passion for people in need allowed my are two pieces of legislation on dairy gle Senator, has explained to me and office to advocate successfully to open that I want to spend a couple of min- defended in any way that makes sense and to successfully complete the work utes discussing because I think they the idea of price-fixing cartels. Yet on more than 100,000 individual cases are unfair and very much not in the here it comes. throughout Massachusetts. spirit of the American economic sys- I am told it is coming because prom- As my colleagues well know, con- tem. ises have been made and arrangements stituent services are critical in serving One is the Northeast Dairy Compact. have already occurred, and so on and so the people of our States and they are The Northeast Dairy Compact is an ar- forth. On something as important as sometimes the most thankless and the rangement in which the New England this, which is price-fixing cartels, it most difficult tasks we confront. Jea- States literally fix the price of milk in seems to me that saying ‘‘promises nette assembled and managed a team those seven States and no one can tam- have been made,’’ and ‘‘it has been that continues to help people in search per with that price. It is the only price passed in the House,’’ or ‘‘it is too of housing, education opportunities, at which milk can be distributed from late,’’ or whatever, does not make any and nutritional assistance. She has the farmer to the processor. In effect, sense. May I also say I have been in di- also overseen many complex housing it takes all the competition out of that alog with the leaders in the Senate for partnerships with the U.S. Department product in that State, in all the New months on this, so this is not a sur- of Housing and Urban Development and England States. We have never done prise. So here we are with this piece of State agencies, helping to bring qual- that before in this country. It is con- legislation. ity, affordable housing to thousands of trary to everything that is represented Then we also have this milk pricing people throughout the State. by the economic system in the United policy which, as you all know, arbi- Jeanette is leaving to enjoy more States. trates that the farther you are from time with her husband Perry, her son The reason why we have such a great Wisconsin in this country, the more Tracey, and his sons, and the South country in part is because our eco- End community she loves so dearly. you get for your milk if you are a dairy nomic system provides that anybody Within the South End, she formed the farmer. We all know, again, this was with a good idea to develop a product Four Corners Neighborhood Associa- set up 50 or 60 years ago when there tion, which led to the construction of or a service has an unfettered oppor- was no refrigeration to transport milk the Langham Court Apartments. This tunity in all 50 States to market that and they wanted to encourage the de- complex is a wonderful example of product. That is what has made Amer- velopment of the dairy industry. So we Jeanette’s abilities and her commit- ica great: competition. That is why we provided incentives for dairy farmers ment to improving her community. It have full employment, the best econ- at points distant from Wisconsin to de- has been recognized with awards for its omy in the world, and an economy that velop the dairy industry and to cir- architecture and innovative program of can compete anywhere in the world and cumvent the need for refrigerated mixed-income housing. She is also succeed. That is because in this coun- transportation. That is no longer true. deeply involved in the Roxbury Pres- try we say: In order to get your share So what we are trying to do is not to byterian Church where she serves as an of market, you have to be able to pro- eliminate that price differential be- elder, a trustee, a member of the choir, vide the best product at the best price cause that would be too big a step to and a member of the renovation com- and market it in the best way. There take at once. We are trying to reduce mittee. are no restrictions in the 50 States to the price differential—not eliminate it, These words today—and I know my do that. That has been true since the reduce it. USDA has come up with a colleagues will share this sense for any United States of America was origi- program and 97 percent of the farmers long-term staff person who departs— nated. in this country have voted for the cannot fully recognize Jeanette’s con- The northeast dairy cartel is in con- change in the present milk pricing pro- tributions to the people of Massachu- trast to that. There is nothing about gram. I am not suggesting we need to setts or the full extent of my personal the cartel that is American in terms of eliminate the price differential at this appreciation for her time with me. Al- how we do business. There is something time. But let’s accept the reduction of though she departs my staff tomorrow, else about that. They say, and I have the price differential in view of the fact the principles she has represented in heard this from some of the leaders in that the present system is archaic and her work will never leave; rather, they the northeast: Can’t we just have our makes no sense. will do as Jeanette has done, which is cartel? After all, it represents only a Again, coming over from the House is to serve as a moral compass pointed to- fraction of the milk market in the legislation that continues to mandate ward a better world where a bright fu- country. Why can’t we just have our that the old Depression-era pricing sys- ture is open and available to everyone cartel? But, obviously, if they can have tem be continued. May I also say the in this country. their cartel, then everybody can have a present system, both with respect to I am deeply grateful for her time cartel. What stops us from having a the Northeast Dairy Compact and the with me, and I extend to her and Perry Southeast cartel or a Southwest car- pricing system, was mandated to con- my very best wishes as they begin a tel? What stops us from having a clude on October 1, and we would put in wonderful new chapter in their lives. Southern cotton cartel? What stops us a new system. But before October 1, I yield the floor. from having a Midwest corn cartel or a there was a Federal judge in Vermont Mr. DASCHLE. I suggest the absence Plains States wheat cartel? If a cartel who challenged that kind of outcome. of a quorum. makes sense in any form, then it So right now it is tied up in the courts The PRESIDING OFFICER. The makes sense not only in the New Eng- and nothing is going to happen. The clerk will call the roll. land States and not only for milk; it The assistant legislative clerk pro- present system will stay until at least makes sense anywhere, conceivably, ceeded to call the roll. the courts rule on the validity of a new Mr. KOHL. Mr. President, I ask unan- and for any product. system. imous consent that the order for the Now I ask the question: Does the So I suggested, and many have sug- quorum call be rescinded. Senate want to go on record as favor- gested, there be no dairy language in The PRESIDING OFFICER. Without ing this type of economic policy? I the omnibus; just don’t say anything objection, it is so ordered. think we all know the answer is not and let’s let this thing roll because it is The Senator from Wisconsin. yes. Nobody has defended this to me, tied up in the courts now anyhow, and even though it is coming tonight. No- f we can discuss it next year. body has defended it to me. I talked No, promises have been made. People THE NORTHEAST DAIRY COMPACT with the leaders in the Senate. I asked have been won over in one way or an- Mr. KOHL. Mr. President, in the om- them to explain why we should have other. Other agendas are on the table. nibus package that will be brought to this kind of legislation in the omnibus So today it comes in an omnibus bill,

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30591 with the Northeast Dairy Compact re- but we have one unanimous consent re- It is not just a Montana issue. This is newed. Price fixing cartels, does any quest with regard to the loan guar- important in South Dakota and this is Senator want to vote for that? Price antee for the satellite local situation important in Mississippi. This is im- fixing cartels, not just for the North- we have worked out. portant nationwide. If we are going to east, because if you accept it in the I ask unanimous consent that no get this satellite local-to-local service Northeast you accept it elsewhere; not later than March 30, 2000, if no Senate in these smaller markets, we have to just on milk, because a cartel is not committee has reported a bill limited have this opportunity, but we want to uniquely suited to milk. It can be on to providing loan guarantees to estab- make sure it is a loan guarantee that any other commodity anywhere. lish local television service to rural will work, that is actually going to do Does the Senate want to go on record areas by satellite and other means, the the job, that is not in some way going as supporting price fixing cartels in Republican leader, or his designee, or to improperly benefit any one indi- this country? Do we want to tear up the Democratic leader, or his designee, vidual or group of individuals, for that the American economy in that way? be recognized to introduce a bill lim- matter, and that it has been carefully That comes in the omnibus tonight. We ited to sections 2002, 2003, 2004, and 2006 thought through. are going to vote on that. of the conference report accompanying Again, I am absolutely determined to We are also going to vote on going H.R. 1554 providing such loan guaran- get this done. I will not only live up to back to the old milk marketing price tees, and that the Senate immediately this UC, which I have to, but I will do system which, again, is totally out- begin consideration of the bill with rel- it with a great deal of vigor and activ- moded. The USDA has come up with a evant first-degree amendments in order ity. new system. I am very upset, obvi- and second-degree amendments that I thank the Senator from Texas for ously, and I am obviously going to are relevant to the first-degree amend- his willingness to focus on this and get fight that omnibus bill to its conclu- ment proposed to be amended. Further, it done by a date certain and make sion in any way I can, to filibuster it that if legislation is reported that is sure he and other committees have and to require everything be done to limited to such loan guarantees, it be added to it to make sure we do it right. demonstrate to us and to the American considered on or before March 30 and be The PRESIDING OFFICER. The Sen- people that there is a giant bill coming open to relevant amendments as pro- ator from Montana is recognized. down the pike which has at least an vided above. Further, that upon dis- Mr. BAUCUS. Mr. President, I earlier element in it which is not acceptable, position of all amendments, the bill be objected to bringing up the continuing in my judgment, to how America is read a third time and passed, with no resolution because I felt it made much supposed to function. intervening action. more sense to include the loan guar- We are also considering a continuing The PRESIDING OFFICER. Is there antee along with the other provisions resolution that will be brought to the objection? in the omnibus bill that will be taken Mr. DASCHLE. Reserving the right floor momentarily, I understand. Of up later providing for local-to-local to object. course, one of the options we have is to The PRESIDING OFFICER. The Sen- satellite network service. I thank the Senator from Mississippi, vote against a continuing resolution, ator from South Dakota. which would, in effect, shut down the Mr. DASCHLE. Mr. President, I com- as well as my colleague from Montana. Government at midnight tonight. I pliment the majority leader. This is I have been working with my colleague could object to the CR and the Govern- the result of ongoing discussions we today to figure out some way to lock in ment would shut down. That is some- have had for some time. I appreciate even more having loan guarantees thing I had considered. But if we do very much the involvement and the passed by this body and by the other that or if I do that, obviously, it is a work done by the distinguished Sen- body. huge step, and there are many tens of ator from Montana. This accomplishes The other body has made a similar thousands of people who would be out much of what we hoped we could do. It commitment in a colloquy about 2 of a job, with enormous dislocations all is not everything. I am very hopeful we hours ago to make sure this is passed across our country. It is a huge step can get this done before April 1, but so rural viewers of America have the one does not take easily. It is not a the majority leader has made as strong opportunity to have local satellite step I want to take. It is not a step I a commitment to me personally, and I service. am going to take because I do not am sure he is prepared to do it on the I compliment my friend from Mon- think it represents responsible action record, that he will work with us to ac- tana for working so hard on this. He on my part. If some of the other people complish the objectives laid out in this has worked very hard, as well as oth- in this body want to act in a way I con- unanimous consent agreement. ers. I am not going to hold up the con- sider to be irresponsible and challenge I appreciate, as well, the cooperation tinuing resolution to shut down the me to be irresponsible—I am not an ir- of the distinguished Banking Com- Government. In the whole scheme of responsible person. Shutting down the mittee chairman, and I believe as a re- things, we have our own priorities and Government is a huge, huge decision. sult of the effort we have been able to know what the priorities should be. One does not take it lightly. I am not demonstrate in getting to this point, But it is important to get this provi- going to make that decision over this we will achieve our goal. We cannot sion in here because it does make it issue. leave rural America out. We will have even more certain we are going to get But I do want to point out to my col- an opportunity to provide service to this loan guarantee provision passed in leagues that some strong-arm tactics them. This will give us the vehicle to the next year. are at work here. Allowing price fixing make that happen. So I do not object. I thank the majority leader. He has cartels is a bad thing for this country. Mr. BAUCUS. Reserving the right to been very gracious in working this out, I very much hope we can and will find object. as well as the chairman of the Appro- a way to undo the damage of price fix- Mr. LOTT. Mr. President, before the priations Committee, who I know ing cartels in an outmoded milk mar- Senator reserves the right to object, I wants to work this out as well, and my keting system in the very near future. want to add my own personal com- good friend from Montana. I also thank Having said that, I yield the floor. ments rather than just the dry UC that the Banking Committee chairman. He The PRESIDING OFFICER. The ma- I gave. has been very helpful. jority leader is recognized. I, too, commend and thank the other The PRESIDING OFFICER. There is f Senator from Montana, Mr. BURNS, for a unanimous consent request before his efforts in this area and for his te- the Senate. Is there objection? UNANIMOUS CONSENT nacity. In fact, this very day, he ruined Mr. BURNS. Reserving the right to AGREEMENT my lunch talking to me about this object, and I will not object, this is a Mr. LOTT. Mr. President, there are a issue. I know Senator BAUCUS believes compromise to facilitate the passage of number of issues we are working on, very strongly in it. this omnibus bill. We have worked a

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30592 CONGRESSIONAL RECORD—SENATE November 18, 1999 long time on this. We are working up Under the agreement we have Mr. LOTT. Mr. President, I ask unan- to a deadline where we could see some reached, we have an opportunity to imous consent that the order for the blue screens after December 31. But one have representatives of the television quorum call be rescinded. cannot ignore the fact that even our stations, the satellite companies, and Mr. WELLSTONE. Mr. President, I satellite viewers should be able to re- potential Internet suppliers come in. object. ceive local broadcasts or network sta- We have the ability to look at the tech- The PRESIDING OFFICER (Mr. tions in their local areas. The only way nology. BURNS). Objection is heard. we will ever provide any competition We have the ability to look at loan The clerk will continue to call the for the cables under the rules they live guarantees we have given in the past. roll. by, under must carry, and still have a We have the ability to get the input of The bill clerk continued with the call viable satellite service that will com- the Treasury. Hopefully, we will have of the roll. pete with cables is through this meth- the ability to put together a bill that Mr. LOTT. Mr. President, I ask unan- od. will maximize the chances that every imous consent that the order for the I appreciate the commitment of the American will have access to their quorum call be rescinded. Senator from Texas, the chairman of local television station. The PRESIDING OFFICER. Is there the Banking Committee. I thank my I want my colleagues to know, as I objection? friend from Montana. He has worked have said many times as this debate Mr. FEINGOLD. I object. hard on this. I thank the majority has evolved, I intend, by the 30th of Mr. LOTT. Mr. President, I ask unan- leader. Without their commitments, we March, to report a bill from the Bank- imous consent that the order for the would be talking a different tune now. ing Committee. It is my goal not only quorum call be rescinded so that the I also commend the leadership in the to write a bill that will deal with this Senator from Minnesota can—— Mr. WELLSTONE. Mr. President, I House of Representatives for making problem, but I hope we can develop a object until I can read this. the same commitment that this legis- prototype for the future, where we rec- The PRESIDING OFFICER. Objec- lation be passed early next year. ognize that there are some social goals tion is heard. I yield the floor. that are not necessarily met by market The clerk will continue the call of The PRESIDING OFFICER. A unani- forces, and that the market by itself the roll. mous consent request is before the Sen- might not provide this service which The bill clerk continued with the call ate. Is there objection? Without objec- we have deemed to be important. of the roll. tion, it is so ordered. The question then is: What can you Mr. LOTT. Mr. President, I ask unan- Mr. BYRD addressed the Chair. do to provide this service at the lowest imous consent that the order for the The PRESIDING OFFICER. Will the possible cost and in the most efficient quorum call be rescinded. Senator from Texas yield to the Sen- manner? It is my goal to put together Mr. FEINGOLD. Mr. President, I ob- ator from West Virginia? a bill that will achieve that goal and ject. Mr. GRAMM. Mr. President, I was perhaps be a prototype for similar The PRESIDING OFFICER. Objec- going to speak on this subject of the problems in the future. tion is heard. satellite bill, but I yield to the Senator So I thank my colleagues. Probably The bill clerk continued with the call from West Virginia. as much effort has gone into this one of the roll. Mr. BYRD. Mr. President, I ask unan- little issue as anything throughout Mr. LOTT. Mr. President, I ask unan- imous consent that I be recognized as this whole process. It is an important imous consent that the order for the one of the managers of the continuing issue. It involved an important prin- quorum call be rescinded. resolution. I am entitled to that rec- ciple. I think we have reached a good The PRESIDING OFFICER. Is there ognition. I ask I be recognized imme- conclusion. I am happy about it. I be- objection? diately after the distinguished Senator lieve, when we complete it, that every Without objection, it is so ordered. from Texas. Member of the Senate and every Mem- f The PRESIDING OFFICER. The Sen- ber of Congress and, hopefully, every- ator from West Virginia has pro- body who has a satellite dish or wants UNANIMOUS CONSENT AGREE- pounded a unanimous consent request. one will be happy about it as well. MENT—H.J. RES. 82, H.J. RES. 83, Is there objection? Without objection, I thank my colleagues. AND H.R. 3194 it is so ordered. Mr. BYRD addressed the Chair. Mr. LOTT. I thank my colleagues for The Senator from Texas is recog- The PRESIDING OFFICER. The Sen- not objecting. nized. ator from West Virginia. Mr. President, I have a unanimous Mr. GRAMM. Mr. President, I thank Mr. BYRD. Mr. President, I send to consent request that has been very my colleagues. This has obviously been the desk an amendment. carefully worked out, and after it is a very difficult issue. We passed the The PRESIDING OFFICER. The agreed to, we have three colloquies satellite bill in the Senate unani- clerk will report. that Senator DASCHLE, Senator STE- mously. I think every Member of the Mr. BYRD addressed the Chair. VENS, Senator BYRD, and I would like Senate realizes the ability to receive The PRESIDING OFFICER. The Sen- to enter into. television signals in America is criti- ator from West Virginia. I ask unanimous consent that the cally important. On Saturday, you Mr. BYRD. I yield to the majority Senate now turn to H.J. Res. 82, the want to watch Texas A&M. On Sunday, leader first. continuing resolution, and following you want to watch the Dallas Cowboys. The PRESIDING OFFICER. The Sen- the reporting by the clerk, there be And one’s life is diminished if you can- ator from West Virginia is yielding to two first-degree amendments in order, not do either one of those things. the majority leader. and no second-degree amendments or The problem we had was we passed a Mr. REID. Mr. President, would the motions to commit or recommit be in bill in the Senate to set up the legal majority leader yield? order. Those amendments are the fol- structure to get that job done. They Mr. COVERDELL addressed the lowing: passed a bill in the House to do the Chair. The Byrd-McConnell amendment re- same. Neither bill had any loan guar- The PRESIDING OFFICER. The Sen- garding mining; antee language in it. The conferees re- ator from Georgia. The Helms-Edwards amendment re- alized there was a problem, but in their Mr. COVERDELL. I suggest the ab- garding disaster funds. haste to get it done, it is my opinion sence of a quorum. I further ask consent that following that we ended up with language that The PRESIDING OFFICER. The the disposition of the amendments, the was as good as anybody could have clerk will call the roll. joint resolution be read a third time written during that short period of The assistant legislative clerk pro- and passed and the motion to recon- time. ceeded to call the roll. sider be laid upon the table.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30593 I further ask consent that when the around $800 million. However, $81 mil- Mr. STEVENS. Mr. President, as Senate receives H.J. Res. 83, the joint lion, an important tranche, was not in- chairman of the Appropriations Com- resolution be deemed agreed to and the cluded. Hopefully, the House will ac- mittee, I regret this error. It was an motion to reconsider be laid upon the cept this and hopefully the House will error. We have put together several table, all without any intervening ac- see fit to accept them both. I will talk bills in one bill and it has been a rather tion or debate. to the Speaker and encourage him to difficult week in many ways. This error Finally, I ask consent that when the do that. occurred because some of the Members Senate receives the conference report I want to also emphasize, as has been of the House who are involved and to accompany H.R. 3194, the reading of the case in the past when my State has should have been involved were not no- the conference report commence imme- been involved, when South Dakota or tified of the final decision that was diately following the motion to pro- North Dakota has been involved, when made with regard to a request that ceed made by the majority leader, to be any place is involved in a disaster, they came from the Senators of North Caro- followed by a vote on the motion to should get the assistance they need lina. proceed. from a caring American people. That is Senator HELMS called me several The PRESIDING OFFICER. Is there the way we have been doing it for all times on the matter. I talked on the an objection? the years I have been in the Congress. floor and on the phone with Senator Mr. WELLSTONE. Reserving the That is the way it is now and the way EDWARDS before the final arrangement right to object, could I ask the major- it should be. was reached. Frankly, they sought ity leader, following the motion to pro- If for whatever reason in this waning more money than is even in the amend- ceed by the majority leader, it says ‘‘to hour of the session this money is not ment that was left out of the bill. How- be followed by a vote on a motion to made available, I am committed pub- ever, we said we would have to take up proceed.’’ Is this going to be read? licly, along with Senator DASCHLE and the further money in the supplemental Mr. LOTT. This is after the reading the chairman of the committee, that that comes before the Congress in the has been completed. this money will be provided. It will be early part of the next year. Mr. WELLSTONE. That is our under- provided in the first available vehicle Last evening when this bill was being standing. after the first of the year, and I pre- read out, I did receive a call concerning Mr. LOTT. That is correct. sume that will be in a supplemental be- the fact that some of the Members of Mr. FEINGOLD. Reserving the right cause there will be a supplemental the House were disturbed by the to object, I ask the majority leader a available, and with the commitment of changes that were proposed. It was de- question, if I could. We had an under- the chairman and the commitment of termined then that had not been prop- standing prior to removing the quorum the leaders and also the commitment erly conveyed to the Members, al- call that there is no time limitation. of the American people, those funds though some of the staff, I believe, Mr. LOTT. Correct, there is no time will be available. I want to make that were notified and were part of it. It is limitation in this agreement. part of the RECORD at this point. just one of those things that a staff Mr. FEINGOLD. I thank the majority I yield the floor for others to re- member’s interaction did not take spond. leader. place, and I personally did not go over Mr. DASCHLE. Mr. President, let me The PRESIDING OFFICER. Hearing and tell the House Members—I prob- say I agree wholeheartedly with the no objection, it is so ordered. comments made by the majority lead- ably should have—but it was one of the Mr. LOTT. Mr. President, we do have er. I don’t know if there is a State final items on the discussions we had, a colloquy we will enter into. I don’t right now that is hurting as badly as including those that involved the know how much debate time will be re- White House representatives who were North Carolina. Senator EDWARDS has quired since there was no time limita- made that point over and over and over before our committee yesterday. tion. It is safe to say there will be a pe- As a consequence, I want to assure again to me, and I know that Senator riod of time for debate, so if Members the Senators from North Carolina, I do HELMS has worked with Senator ED- want to take this time to get some- believe that once we have reached a de- WARDS to try to provide the most com- thing to eat they will probably have prehensive response to the situation as cision such as that, and we felt it had the time to do so. However, I do expect we can. been cleared out, it is our responsi- after some reasonable period of time We have come a long way and made a bility now to make certain this com- there will be a vote or votes, and, of great deal of progress in the legislation mitment is made good, and we will do course, we will proceed to the con- pending, the omnibus bill. As things that. This bill will do it if the House ference report that has been delivered happen when we work late into the will accept it and send it to the Presi- to the Senate at an appropriate time so night with a lot of different people dent. If that does not happen, we will, it can be read, and for a motion or working, there is always the possibility without any question, take the matter votes on that. something will fall through the cracks. up in the first supplemental that comes One important thing I want to em- I truly believe that is what happened. I before the Congress next year. We will phasize, the Senate can only do what believe it was an honest mistake. have the supplemental bill for Kosovo the Senate can do, and then our action As the majority leader has indicated, coming. That was another request we has to go to the House. The House must whether it is fixed tonight, whether it received which was not fulfilled in this act. With regard to these continuing is fixed before the end of the session, or series of bills that are before the Sen- resolutions, they have a number of op- whether it is fixed immediately when ate now. tions. I personally am going to vote for we come back, I don’t know how one I want to assure Senator EDWARDS the Byrd amendment. I think the Sen- can get a stronger commitment than and Senator HELMS on this side—and ator is entitled to make his case. I the one given by the majority leader or both have been very diligent in seeking hope the House will accept that. If they the one I am prepared to give and the these moneys—that we will put this don’t, it will be back in another venue one I know the chairman will be pre- money in the next bill if this is not ac- in another way. pared to give to accommodate North cepted by the House. I have every rea- The same thing with regard to the Carolina. son to believe it will be accepted by the Helms-Edwards disaster funds. An I appreciate their willingness to work House. I intend to get on the phone and oversight occurred, as I understand it, to do this. This should resolve this talk to my friends and make sure they in the final hours last night with re- matter successfully once and for all, ei- understand. If there was an error, it gard to disaster funds for North Caro- ther tonight or at some point in the was one that was caused by the inten- lina. There were about three tranches not too distant future. sity of the work that was going on by of money that had been requested for I yield the floor. the staffs of five different subcommit- disaster assistance. Two of those were The PRESIDING OFFICER. The Sen- tees trying to put a bill together, along included, which come to a total of ator from Alaska. with all the other bills that were being

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30594 CONGRESSIONAL RECORD—SENATE November 18, 1999 considered, many of which were re- suffering right now. This storm has before the clerk begins reading, I an- jected and are not in this bill that we completely devastated us. Our farmers nounce to my colleagues, Senator KOHL all considered over this last week. are in the worst shape they have ever has indicated to me, following the con- I do hope the Senators from North been in. clusion of the reading, he will insist on Carolina will accept that assurance. I I appreciate very much the majority the conduct of a rollcall vote on the can assure them this is an $81 million leader’s commitment, Senator STE- motion to proceed to the conference re- item and it is, in my judgment, small VENS’ commitment, and the minority port. compared to the amount of money that leader’s commitment. We have talked Therefore, a procedural rollcall vote will be in the next supplemental for the throughout this process on a daily will occur at approximately 9:30 this people who were affected by Hurricane basis. We had an agreement, a commit- evening. Floyd anyway, so we will make up for ment to two things, basically. One was Mr. FEINGOLD addressed the Chair. this problem. We will make up the a loan forgiveness program, which has The PRESIDING OFFICER. The money, and we certainly will see to it been talked about, and, second, some clerk will read the conference report. that it is there. language that would help the payment The legislative clerk read the con- I plead with the Members of the for structural damage on farms in ference report. House to pass the bill tonight. In any North Carolina. (The conference report is printed in event, we will take care of that error I appreciate very much the commit- the House proceedings of the RECORD of as quickly as we can. ment we have received today. I do have November 17, 1999.) Second, with regard to my good to say I am counting on my colleagues’ Mr. MACK. Mr. President, I ask for friend from West Virginia and his commitments—the majority leader’s the yeas and nays. amendment and that of Senator commitment, Senator STEVENS’ com- The PRESIDING OFFICER (Mr. MCCONNELL and the Western Senators, mitment, Senator DASCHLE’s commit- ENZI). Is there a sufficient second? I think there is a clear, growing under- ment—to do everything in their power There appears to be a sufficient second. standing of the provisions of this to get this thing passed in this Con- The yeas and nays were ordered. amendment. I have been saying, as gress; that it will be included in the CR Mr. MACK. Mr. President, I suggest Senator BYRD has been saying for some we are discussing right now and that, the absence of a quorum. time, this does not change existing when it goes to the House side, the ma- The PRESIDING OFFICER. The law. It is an amendment to try to pre- jority leader will speak to the Speaker. clerk will call the roll. serve the status quo until Congress has We will do everything in our power, The legislative clerk proceeded to a chance to review the changes that Senator HELMS and myself, to make call the roll. would take place if decisions of the So- sure that happens. But it is critical to Mr. LOTT. Mr. President, I ask unan- licitor’s Office and decisions of one Senator HELMS and me that we not imous consent that the order for the Federal judge were followed, which need to rely on the commitment to do quorum call be rescinded. would affect the mining industry of the something after the first of the year, The PRESIDING OFFICER. Without whole Nation. I hope the House will that we get this done tonight or tomor- objection, it is so ordered. certainly see fit to send that measure row. Mr. LOTT. Mr. President, I believe to the President, so we can see what With that, I thank the majority lead- the regular order is for the vote to the White House is going to do with er. begin. that. The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The But for now, I hope the Senators in- jority leader. question is on agreeing to the motion volved will let us get on with the major Mr. LOTT. I will say on behalf of to proceed. The yeas and nays have bill, which is going to take some time. Senator HELMS, he has been following been ordered. The clerk will call the I again express my regret to the Sen- this very closely. I have spoken to him, roll. ators involved that this incident has and Senator EDWARDS has been in con- The legislative clerk called the roll. taken place, and we will do our best to stant conversation with him, as has Mr. NICKLES. I announce that the see it does not happen. But the distin- Senator STEVENS. He understands what Senator from Missouri (Mr. ASHCROFT), guished minority leader reminded me, we are doing here, and we have made a the Senator from Missouri (Mr. BOND), on an amendment that we had on a bill commitment to him, which we cer- the Senator from Kentucky (Mr. earlier this year, a similar thing hap- tainly are going to honor, and to Sen- BUNNING), the Senator from Tennessee pened when there were just too many ator EDWARDS, that we will pursue this (Mr. FRIST), the Senator from Wash- things going into one bill. Our provi- aggressively with the other Chamber. ington (Mr. GORTON), the Senator from sion was left out, but it got back in the This money is going to be available, Texas (Mrs. HUTCHISON), the Senator next bill, I assure you. hopefully in this CR; if not, the first from Arizona (Mr. MCCAIN), and the Mr. President, I do hope the Senators available vehicle next year. Senator from Oregon (Mr. SMITH) are involved will give us the courtesy now f necessarily absent. of permitting the Appropriations Com- Mr. REID. I announce that the Sen- mittee to present, at last, the omnibus DISTRICT OF COLUMBIA APPRO- ator from California (Mrs. BOXER), the appropriations bill that will fulfill our PRIATIONS ACT, 2000—CON- Senator from New Jersey (Mr. LAUTEN- commitment to pass 13 appropriations FERENCE REPORT BERG), the Senator from New York (Mr. bills this year. Mr. LOTT. Mr. President, I ask that MOYNIHAN), and the Senator from New Mr. LOTT. Mr. President, I know the the Chair lay before the Senate the York (Mr. SCHUMER) are necessarily ab- Senator from North Carolina might conference report to accompany the DC sent. want to make a comment or ask a appropriations bill, H.R. 3194, and the The result was announced—yeas 80, question at this point. I will be glad to conference report be considered as hav- nays 8, as follows: yield the floor to him, or yield for him ing been read. to do that while retaining the floor. The PRESIDING OFFICER. Is there [Rollcall Vote No. 369 Leg.] Mr. EDWARDS. I thank the majority objection? YEAS—80 leader. Mr. FEINGOLD. I ask for the read- Abraham Bryan Daschle The PRESIDING OFFICER. The Sen- ing. Akaka Burns DeWine Allard Campbell Dodd ator from North Carolina. Mr. LOTT. Is there objection? Baucus Chafee, L. Domenici Mr. EDWARDS. Mr. President, the Mr. FEINGOLD. I object. Bayh Cleland Durbin human suffering and devastation we in- The PRESIDING OFFICER. Objec- Bennett Cochran Edwards curred in North Carolina is absolutely tion is heard. Biden Collins Enzi Bingaman Coverdell Feinstein unparalleled. Our people have never Mr. LOTT. I ask that the Senate now Breaux Craig Graham suffered and struggled the way they are proceed to the conference report, and Brownback Crapo Gramm

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30595 Grassley Leahy Roth HOUSE CONCURRENT RESOLUTION FURTHER CONTINUING Gregg Levin Santorum 235—ADJOURNMENT OF THE TWO APPROPRIATIONS, 2000 Hagel Lieberman Sarbanes Harkin Lincoln Sessions HOUSES OF CONGRESS Mr. LOTT. Mr. President, I now ask Hatch Lott Shelby Helms Lugar Mr. LOTT. I now ask the Senate turn unanimous consent the Senate resume Smith (NH) the consideration of H.J. Res. 82 and Hollings Mack Snowe to the adjournment resolution, H. Con. Hutchinson McConnell Specter Res. 235, the resolution be agreed to, there be 5 minutes of debate on each of Inhofe Mikulski Stevens the motion to reconsider be laid upon the two amendments in order to the Inouye Murkowski Thomas Jeffords Murray the table, all without intervening ac- resolution. Thompson Johnson Nickles tion or debate. The PRESIDING OFFICER. Is there Thurmond Kennedy Reed The PRESIDING OFFICER. Without objection? Without objection, it is so Kerrey Reid Torricelli Kerry Robb Voinovich objection, it is so ordered. ordered. Kyl Roberts Warner The concurrent resolution (H. Con. Mr. LOTT. Therefore, at least one Landrieu Rockefeller Wyden Res. 235), was agreed to, as follows: further vote will occur yet tonight. In NAYS—8 H. CON. RES. 235 addition, the Senate will convene to- morrow at 10 a.m., and hopefully proc- Byrd Feingold Kohl Resolved by the House of Representatives (the Conrad Fitzgerald Wellstone Senate concurring), That when the House ad- ess some legislative items that have Dorgan Grams journs on any legislative day from Thursday, been cleared and that would be consid- NOT VOTING—12 November 18, 1999, through Monday, Novem- ered by the House. Ashcroft Frist McCain ber 22, 1999, on a motion offered pursuant to The Senate could also consider the Bond Gorton Moynihan this concurrent resolution by its Majority Work Incentives conference report. Boxer Hutchison Schumer Leader or his designee, it shall stand ad- Therefore votes can be expected to Bunning Lautenberg Smith (OR) journed until noon on Thursday, December 2, occur during the session of the Senate The motion was agreed to. 1999 (unless it sooner has received a message on Friday. We will stay in close touch from the Senate transmitting its concur- The PRESIDING OFFICER. The with both sides of the aisle to see when Chair recognizes the majority leader. rence in the conference report to accompany H.R. 3194, in which case the House shall the best time might be for that. We CLOTURE MOTION stand adjourned sine die), or until noon on will try to accommodate as many Sen- Mr. LOTT. Mr. President, I send a the second day after Members are notified to ators as possible and stack them if we cloture motion to the desk to the pend- reassemble pursuant to section 3 of this con- need to. ing conference report. current resolution; and that when the Senate The PRESIDING OFFICER. The The PRESIDING OFFICER. The clo- adjourns on any day from Thursday, Novem- clerk will report the joint resolution. ture motion having been presented ber 18, 1999, through Thursday, December 2, The assistant legislative clerk read 1999, on a motion offered pursuant to this under rule XXII, the Chair directs the as follows: clerk to read the motion. concurrent resolution by its Majority Leader The assistant legislative clerk read or his designee, it shall stand adjourned sine A joint resolution (H.J. Res. 82) making further continuing appropriations for the fis- as follows: die, or until noon on the second day after Members are notified to reassemble pursuant cal year 2000 and for other purposes. CLOTURE MOTION to section 3 of this concurrent resolution. The Senate proceeded to consider the We the undersigned Senators, in ac- SEC. 2. When the House convenes for the resolution. cordance with the provisions of rule second session of the One Hundred Sixth Mr. BYRD addressed the Chair. XXII of the Standing Rules of the Sen- Congress, it shall conduct no organizational The PRESIDING OFFICER. The Sen- ate, do hereby move to bring to a close or legislative business on that day and, when ate will please come to order. debate on the conference report to ac- the House adjourns on that day, it shall company the District of Columbia ap- stand adjourned until noon on January 27, AMENDMENT NO. 2780 propriations bill: 2000, or until noon on the second day after Mr. BYRD. Mr. President, I send to Members are notified to reassemble pursuant TRENT LOTT, TED STEVENS, LARRY E. the desk an amendment. to section 3 of this concurrent resolution. CRAIG, JUDD GREGG, TIM HUTCHINSON, The PRESIDING OFFICER. The DON NICKLES, MIKE CRAPO, CONNIE SEC. 3. The Speaker of the House and the clerk will report. Majority Leader of the Senate, acting jointly MACK, SLADE GORTON, BEN NIGHTHORSE The assistant legislative clerk read after consultation with the Minority Leader CAMPBELL, ARLEN SPECTER, PAT ROB- as follows: ERTS, CHUCK HAGEL, RICHARD SHELBY, of the House and the Minority Leader of the The Senator from West Virginia [Mr. THAD COCHRAN, and JOHN WARNER. Senate, shall notify the Members of the House and Senate, respectively, to reassem- BYRD], for himself, Mr. MCCONNELL, Mr. The PRESIDING OFFICER. The ma- ble whenever, in their opinion, the public in- ROCKEFELLER, Mr. BUNNING, Mr. REID, Mr. jority leader. terest shall warrant it. CRAIG, Mr. BRYAN, Mr. HATCH, Mr. BENNETT, Mr. LOTT. Mr. President, I ask unan- SEC. 4. The Congress declares that clause Mr. MURKOWSKI, Mr. CRAPO, Mr. ENZI, Mr. imous consent this cloture vote occur 2(h) of rule II of the Rules of the House of BURNS, Mr. KYL, Mr. BREAUX, Mr. SHELBY, at 3 p.m. on Friday, November 19, and Representatives and the order of the Senate Mr. GRAMM, and Mr. GRAMS, proposes an the mandatory quorum call be waived. of January 6, 1999, authorize for the duration amendment numbered 2780. Mr. FEINGOLD. I object. of the One Hundred Sixth Congress the Clerk Mr. BYRD. I ask unanimous consent The PRESIDING OFFICER. Objec- of the House of Representatives and the Sec- the reading of the amendment be tion is heard. retary of the Senate, respectively, to receive waived. Mr. LOTT. Unfortunately, our col- messages from the President during periods The PRESIDING OFFICER. Without league from Wisconsin has chosen to when the House and Senate are not in ses- sion, and thereby preserve until adjournment objection, it is so ordered. object to what I think is a reasonable sine die of the final regular session of the The amendment is as follows: request, which would give us an oppor- One Hundred Sixth Congress the constitu- At the appropriate place, insert the fol- tunity to have a full debate and then tional prerogative of the House and Senate lowing: get to a final vote on this issue. It to reconsider vetoed measures in light of the SEC. ll. DISPOSAL OF EXCESS SPOIL AND COAL would be a few hours to do that. How- objections of the President, since the avail- MINE WASTE. ever, that is his right. ability of the Clerk and the Secretary during (a) IN GENERAL.—Notwithstanding any Therefore, Senators should expect any earlier adjournment of either House dur- other provision of law (including any regula- this cloture vote to occur at 1:01 a.m. ing the current Congress does not prevent tion or court ruling), hereafter— Saturday, November 20; 1:01 a.m., Sat- the return by the President of any bill pre- (1) in rendering permit decisions for dis- sented to him for approval. urday, November 20. I just want to charges of excess spoil and coal mine waste SEC. 5. The Clerk of the House of Rep- into waters of the United States from sur- make sure everybody understands. resentatives shall inform the President of face coal mining and reclamation operations, That is early morning. the United States of the adoption of this the permitting authority shall apply section At that time, when we invoke clo- concurrent resolution. 404 of the Federal Water Pollution Control ture, then we can, in a relatively short Passed the House of Representatives No- Act (33 U.S.C. 1344) and the section 404(b)(1) period of time, go to a final vote. vember 18, 1999. guidelines pursuant to section 404(b)(1) of the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30596 CONGRESSIONAL RECORD—SENATE November 18, 1999 Federal Water Pollution Control Act (33 (1) takes effect 1 day after the date of en- country earn their bread in the sweat U.S.C. 1344(b)(1)) and implementing regula- actment of the Act enacting H.R. 3194 re- of their brow. But not only the coal tions set forth in part 230 of title 40, Code of ferred to in subsection (a); and miners have been affected by this Federal Regulations (as in effect on October (2) notwithstanding any other provision of court’s jurisdiction, by its ruling; the 19, 1999); law repealing or terminating the effective- (2) the permitted disposal of such spoil or ness of this Act, shall remain in effect unless truckers, the railway workers, the men waste meeting the requirements of the sec- repealed by Act of Congress that makes spe- and women who operate the barges tion 404(b)(1) guidelines referred to in para- cific reference to this section. that go up and down the rivers, the graph (1) shall be deemed to satisfy the cri- SEC. ll. MILLSITES. suppliers—these people, their families teria for granting a variance under regula- (a) IN GENERAL.—For the purposes of sec- are affected by this judge’s order. tions set forth in sections 816.57 and 817.57 of tion 1000(a)(3) of division B of the Act enact- This amendment does not seek to un- title 30, Code of Federal Regulations, and ap- ing H.R. 3194 of the 106th Congress, in lieu of dercut, undermine, alter, modify, plicable State regulations; and section 337 of title III of H.R. 3423 of the amend, or repeal the Clean Water Act (3) Federal and State water quality stand- 106th Congress, as introduced on November or the Surface Mining Control and Rec- ards shall not apply to the portions of waters 17, 1999, regarding the millsites opinion, the filled by discharges permitted pursuant to following shall apply: lamation Act. I say that on my honor. the procedures set forth in paragraphs (1) (1) MILLSITES OPINION.—No funds shall be The other cosponsors and I do not seek and (2); all applicable Federal and State expended by the Secretary of the Interior or to do that. We only seek to put the sit- water quality standards shall apply to all the Secretary of Agriculture, for fiscal years uation back to where it was prior to portions of waters other than those filled 2000 and 2001, to limit the number or acreage the U.S. District judge’s order, the sta- pursuant to the permitting procedures set of millsites based on the ratio between the tus quo ante, which at that time made forth in paragraphs (1) and (2). number or acreage of millsites and the num- West Virginia the most strictly con- (b) DURATION OF EFFECTIVENESS.—The per- ber or acreage of associated lode or placer trolled State in the Union environ- mitting procedures specified in subsection claims with respect to— (a) shall remain in effect until the later of— (A) any patent application excluded from mentally as far as mountaintop mining (1) the date that is 2 years after the date of the operation of section 112 of the Depart- was concerned, mountaintop mining— enactment of this Act; or ment of the Interior and Related Agencies the strictest in the Union. (2) the effective date of regulations pro- Appropriations Act, 1995, by section 113 of We want to go back to that, and the mulgated to implement recommendations that Act (108 Stat. 2519); regulations that controlled then were made as a result of the environmental im- (B) any operation or property for which a agreed upon and devised by the admin- pact statement relating to the permitting plan of operations has been approved before istration’s own regulatory agencies— process, the preparation of which was an- the date of enactment of this Act; or the Army Corps of Engineers, the EPA, nounced at 64 Fed. Reg. 5800 (February 5, (C) any operation or property for which a 1999). plan of operations, or amendment or modi- the Interior Department through its (c) EFFECT OF SECTION.—Nothing in this fication to an existing plan, was submitted Office of Surface Mining. section modifies, supersedes, undermines, to the Bureau of Land Management or the This amendment states, so there can displaces, or amends any requirement of, or Forest Service before May 21, 1999. be no doubt about it: regulation issued under, the Federal Water (2) NO RATIFICATION.—Nothing in this Act Nothing in this section modifies, super- Pollution Control Act (commonly known as or the 1999 Emergency Supplemental Appro- sedes, undermines, displaces, or amends any the ‘‘Clean Water Act’’) (33 U.S.C. 1251 et priations Act (Public Law 106–31) shall be requirement of, or regulation issued under, seq.) or the Surface Mining Control and Rec- construed as an explicit or tacit adoption, the Federal Water Pollution Control Act lamation Act of 1977 (30 U.S.C. 1201 et seq.), ratification, endorsement, approval, rejec- (commonly known as the ‘‘Clean Water as applied by the responsible Federal agen- tion, or disapproval of the opinion dated No- Act’’) . . . or the Surface Mining Control and cies on October 19, 1999. vember 7, 1997, by the Solicitor of the De- Reclamation Act of 1977 . . . as applied by (d) PERIOD OF EFFECTIVENESS.—Notwith- partment of the Interior concerning mill- the responsible Federal agencies— standing any other provision of law repeal- sites. Which are the agencies of this admin- ing or terminating the effectiveness of this (b) PERIOD OF EFFECTIVENESS.—This sec- Act, this section shall remain in effect until tion— istration— the date of termination of the effectiveness (1) takes effect 1 day after the date of en- on October 19, 1999. of the permitting procedures in accordance actment of the Act enacting H.R. 3194 re- So there it is. The amendment has with subsection (b). ferred to in subsection (a); and been misrepresented. There has been SEC. ll. HARDROCK MINING. (2) notwithstanding any other provision of much misinformation about this (a) IN GENERAL.—For the purposes of sec- law repealing or terminating the effective- tion 1000(a)(3) of division B of the Act enact- ness of this Act, shall remain in effect unless amendment. ing H.R. 3194 of the 106th Congress, in lieu of repealed by Act of Congress that makes spe- Mr. President, I close by thanking section 357 of title III of H.R. 3423 of the cific reference to this section. those who have cosponsored this 106th Congress, as introduced on November The PRESIDING OFFICER. Under amendment with me. Their names are 17, 1999, regarding the issuance of regulations the previous agreement, there is 5 min- on the amendment. on hardrock mining, the following shall How much time have I used? apply: utes equally divided for debate at this time. The PRESIDING OFFICER. The 21⁄2 (1) HARDROCK MINING.—None of the funds minutes. made available under this Act or any other Mr. WELLSTONE. Mr. President, can Act shall be used by the Secretary of the In- we have order in the Chamber, please? Mr. BYRD. I yield myself another terior to promulgate final regulations to re- The PRESIDING OFFICER. The Sen- minute and a half. vise subpart 3809 of 43, Code of Federal Regu- ator is correct. Will the Senate please The PRESIDING OFFICER. The time lations, except that the Secretary, after the come to order? was 5 minutes equally divided, which is end of the public comment period required The Senator from West Virginia. 21⁄2 minutes. by section 3002 of the 1999 Emergency Sup- Mr. BYRD. I thank the Chair. Mr. BYRD. I ask unanimous consent plemental Appropriations Act (Public Law Mr. President, I had earlier planned that I may speak another minute and a 106–31; 113 Stat. 89), may issue final regula- to speak at least 2 weeks on this half. tions to amend that subpart if the regula- tions are consistent with— amendment. We are getting a bargain. The PRESIDING OFFICER. Without (A) the regulatory gap findings identified I am only going to speak 3 minutes, objection, it is so ordered. in the report of the National Research Coun- not 2 weeks. Let me just say this: I Mr. BYRD. I thank the Chair. cil entitled ‘‘Hardrock Mining on Federal made my speech earlier today. I will The amendment is proposed by Mr. Lands’’; and not make it again now. I urge my BYRD, for himself, Mr. MCCONNELL, Mr. (B) statutory authorities in effect as of the friends to vote for this amendment. ROCKEFELLER, Mr. BUNNING, Mr. REID, date of enactment of this Act. When God drove Adam and Eve from Mr. CRAIG, Mr. BRYAN, Mr. HATCH, Mr. (2) LIMITATION.—Nothing in this section ex- the Garden of Eden, he pronounced an BENNETT, Mr. MURKOWSKI, Mr. CRAPO, pands the statutory authority of the Sec- retary of the Interior in effect as of the date edict: ‘‘In the sweat of thy brow shalt Mr. ENZI, Mr. BURNS, and Mr. KYL—I of enactment of this Act. thou eat bread.’’ thank all those Senators who sup- (b) PERIOD OF EFFECTIVENESS.—This sec- The coal miners of West Virginia and ported this amendment and others who tion— Kentucky and other States of this will vote for it. Particularly I want to

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30597 recognize the efforts of my chief co- I do not know why we are taking this Mr. WELLSTONE. Mr. President, I sponsor, the distinguished senior Sen- action tonight. It is a big mistake from ask unanimous consent that I have 1 ator from Kentucky, whose early and an environmental point of view, and I minute to respond. strong support was given to this do not accept, I say to my colleague The PRESIDING OFFICER. Without amendment, for which I am extremely from Kentucky, the tradeoff that he objection, it is so ordered. The Senator grateful. I thank both leaders for mak- presents as to workers versus some from Minnesota. ing this vote possible. I could speak protection for the environment and Mr. WELLSTONE. Mr. President, I longer, but I have said enough already. some concern about the strip mining. appreciate the words of my colleague. I urge all Senators to vote for this I did not want to be the person to It is an honest difference of interpreta- amendment. speak in opposition, but I do believe tion of the amendment. The PRESIDING OFFICER. The Sen- there is another perspective. I will vote The only thing I want to respond to, ator from Kentucky. no. I do not want to be personal, but I Mr. MCCONNELL. Mr. President, I I yield the floor. would like to say to my colleague, I do thank my colleague from West Vir- Mr. BYRD. Mr. President, I ask unan- not pretend to know West Virginia like ginia. I appreciate his leadership not imous consent to speak for 3 minutes. you know West Virginia and Senator only on behalf of the coal miners of The PRESIDING OFFICER. Without ROCKEFELLER does; that is not the posi- Kentucky but miners all across Amer- objection, it is so ordered. tion I am taking, but as to the bopping ica. Mr. BYRD. Mr. President, I know in and bopping out, I will say that I The President of the United States what is in this amendment. I prepared want my colleague to know I have came to Hazard, KY, this summer. He this amendment. I have been explain- spent quite a bit of time in eastern bit his lip; he felt our pain. He said he ing it now for weeks. And, upon my Kentucky. That is where my wife’s wanted to help us. We said: We need honor, there is nothing in it that un- family is from. Her grandparents were jobs. And when the opportunity came dermines or undercuts the Clean Water all coal miners. I have spent time in to support the Byrd amendment which Act or the Surface Mining Control and east Tennessee as well. I spent a lot of would at least keep the jobs we have Reclamation Act, both of which I sup- time with people. I have seen what the now, the President would not support ported, one of which I called up as ma- strip mining has done to those commu- him. jority leader in this Senate in 1977. nities. I am just expressing my honest This administration is trying to de- I know what I am talking about. I viewpoint. That is all I am trying to stroy the mining industry in America, have lived under a coal miner’s roof, do, I say to the Senator. make no mistake about it. That is ate from a coal miner’s table, slept in I yield the floor. what this amendment is about. a coal miner’s bed. I have known the Mr. ROBB. Mr. President, I join I thank the Senator from West Vir- joys and the sorrows of coal miners. I many others in this body in expressing ginia for his leadership, and we hope married a coal miner’s daughter. I my support for miners and for mining very much our colleagues will be able know what I am talking about. I communities. In Virginia’s Southwest to support us. haven’t just made a trip into West Vir- region, mining creates the jobs that The PRESIDING OFFICER. The ginia and come back to Washington to provide enough income to lift the next Chair recognizes the Senator from Min- issue a news report on the State and its generation, that put the sons and nesota. people. I have lived there for many daughters of miners through college, Mr. WELLSTONE. I thank the Chair. years. and that gives the region options other Mr. President, I hope other Senators I will be 82 years old the day after to- than coal. will want to speak in opposition. I morrow. I know what those miners Virginia miners have expressed deep think there should be opposition to need. I am not misleading anybody. Let concerns that the broad application of this amendment. I have tremendous re- me say this to the Senator: That stay Judge Haden’s ruling would result in spect for my colleagues who have of- he refers to that the judge put on has the devastation of the mining industry fered this amendment. I will say a cou- no legal basis. The judge stated that it in the Southern Appalachian coal ple things especially in response to the has no legal basis. He put it on, and he fields. The Judge’s decision is not lim- Senator from Kentucky. can lift it the day this Congress winds ited to the mountain top mining that I am a Senator who cares a great deal up its work. was the subject of the original suit. It about workers and about mine work- I hope Senators will vote for this would apply to the use of valley fills ers. I am a Senator who appreciates the amendment. There were 125,000 coal from other forms of mining, including sentiment behind this amendment. But miners when I went to the House of underground mining. The practical ef- the question is, What happens when the Representatives; 125,000 in West Vir- fect of this ruling is a virtual morato- strip mining takes place, and what are ginia. Today there are 20,000 or less. rium on mining in mountainous re- the consequences for the people who My dad was a coal miner. My wife’s sis- gions. We need to protect the environ- live in these communities? ter’s husband died with black lung. My ment and we also need to protect the I can speak certainly from what I wife’s sister’s husband’s father died livilihood of those hardworking fami- have seen in eastern Kentucky, and it under a slate fall. I know the joys and lies. I had hoped we could reach a com- is pretty awful when that leftover rock the sorrows of the mining people. I promise on this issue that would effec- and earth gets dumped into the have helped to carry those miners, the tively allow us to do both. streams. Many of the people have the heavy coffins, on the steep hillsides of I have reviewed the Memorandum of wealth taken away from them, but West Virginia. I have not just gone Understanding between the federal and they still have the land, they still have into those hills poking around, and state agencies that could be used to the streams, they still have the water, then coming back, and issuing news re- mitigate the consequences of valley and now we see that kind of devasta- ports about their poverty. I know what fills if they were allowed to continue. tion. they need, because I am one of them. It was signed by the EPA, Department My concern is this amendment will Those 20,000 coal miners earn their of the Interior, Army Corps of Engi- create a loophole to the Clean Water bread in the sweat of their brow. Let’s neers, and the State of West Virginia. Act. I know my colleague from West give them a vote. If the Senator from All the signatories are sworn to protect Virginia believes otherwise, but it is a Minnesota had people who were faced the nation’s water. I am convinced that very real concern. I point out to col- with the loss of their jobs, this Senator if the MOU stood, the agencies involved leagues that it is my understanding the would vote with the Senator from Min- would work diligently to mitigate any Federal district judge put a stay on his nesota and not say a word about it. I negative consequences from mining in own decision while it was being ap- resent anything such as has been said the West Virginia coal fields. Neverthe- pealed to the court of appeals. So it is by the Senator about my State and its less, it is imperative that we continue not operative right now. people. to be vigilant on the effects of mining

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30598 CONGRESSIONAL RECORD—SENATE November 18, 1999 on the environment, and work to mini- in West Virginia and potentially in COMMODITY CREDIT CORPORATION PRODUCER- mize its effects. other States like my own State of Ken- OWNED MARKETING ASSOCIATIONS FORGIVENESS I have also reviewed Judge Haden’s tucky as well. SEC. 1. The Secretary of Agriculture shall ruling and see in that ruling the under- We need to pass the Byrd Amend- reduce the amount of any principal due on a lying conflict between what the regula- ment to stay this ruling until we have loan made to marketing association incor- porated in the State of North Carolina for tions intend to do, and the actual costs had time to get the results of a pending the 1999 crop of an agricultural commodity of applying those regulations. It dem- environmental impact statement. by at least 75 percent if the marketing asso- onstrates once again how essential act- It is a matter of simple fairness. The ciation suffered losses of the agricultural ing on regulatory reform is going to be jobs and lives of many of our constitu- commodity in a county with respect to in this Congress. It is imperative that ents are at stake. which—(1) a natural disaster was declared by we set in place a method of analyzing I urge my colleagues to support the the Secretary for losses due to Hurricane the true cost of the regulations, before Byrd amendment. Dennis, Floyd, or Irene; or (2) a major dis- aster or emergency was declared by the they are put into place. I am certain Mr. LEVIN. Mr. President, I voted in support of the Byrd amendment to pro- President for losses due to Hurricane Dennis, the agencies involved want to do the Floyd, or Irene under the Robert T. Stafford right thing, by both miners and the en- vide for a 2-year moratorium during Disaster Relief and Emergency Assistance vironment. The rules as I read them which mountain top mining activities Act (42 U.S.C. 5121 et seq.). make that virtually impossible. I am may continue under a memorandum of If the Secretary assigns a grade quality for hopeful that this conflict can be re- agreement with the Environmental the 1999 crop of an agricultural commodity solved as quickly as possible. In the Protection Agency, the Department of marketed by an association described in sub- section (a) that is below the base quality of meantime, I intend to support the min- Interior and the Army Corps of Engi- neers. The EPA which is in charge of the agricultural commodity, the Secretary ers of Southwest Virginia. shall compensate the association for losses I must however, voice my strong op- implementation of the Clean Water Act incurred by the association as a result of the position to the language on hard rock was a party to the agreement which reduction in grade quality. mining that has been added at the last would continue to force during the 2- Up to $81,000,000 of the resources of the minute to this amendment. My vote on year moratorium. An environmental Commodity Credit Corporation may be used this amendment stems only from my impact study will go forward during for the cost of this provision: Provided, That concern for the immediate effect Judge the moratorium and regulations pursu- the entire amount is designated by the Con- ant to the environmental impact state- gress as an emergency requirement pursuant Haden’s ruling would have on the econ- to section 251(b)(2)(A) and Section 252(e) of omy of Southwest Virginia. I have op- ment can be promulgated. My vote on the Balanced Budget and Emergency Deficit posed and will continue to oppose ef- this amendment does not commit me Control Act of 1985, as amended. forts to delay the review and revision to support the continuation of any SEC. 2. In administering $50,000,000 in emer- of the nation’s hard rock mining stand- such moratorium beyond this 2-year gency supplemental funding for the Emer- ards. My vote in no way supports the period during which the courts and the gency Conservation Program, the Secretary inclusion of hard rock provisions in regulatory agencies will more fully shall give priority to the repair of structures essential to the operation of the farm. this package. evaluate the impacts on both the envi- I ask unanimous consent that this ronment and the affected coal miners Mr. LOTT. Mr. President, I am hon- statement be placed in the RECORD be- and their communities. The fact that ored they would allow me to do this on fore the vote on Amendment No. 2780. the court has stayed the effect of its their behalf because I believe they were Mr. BUNNING. Mr. President, I urge own opinion is further evidence that not treated properly in the wee hours my colleagues to support the Byrd this legislative moratorium is both of the morning with regard to an amendment. warranted and will do no damage to amount of money for disaster assist- We are scrambling around right here the underlying act. ance for North Carolina. We are deter- in the U.S. Senate to pass a stopgap The PRESIDING OFFICER. The ma- mined to assist them in getting that. spending bill to keep from shutting jority leader. We hope this will be accepted by the down a major portion of the Federal Mr. LOTT. Mr. President, has all House in this form. But if not in this Government. time expired? form, we will be back to carry out our So, it is very fitting that we add an The PRESIDING OFFICER. All time commitment to the people in North amendment to that stopgap spending has expired. Carolina and as a symbol to people all bill that would help us keep a Federal Mr. LOTT. Mr. President, I ask unan- across America that, when it comes to judge from shutting down the coal min- imous consent that I be allowed to disasters, there are no party lines and ing industry in West Virginia and pos- offer an amendment at this time on be- there is no division between the Cap- sibly other States like Kentucky as half of Senators HELMS and EDWARDS of itol; we will do what is necessary to well. North Carolina with regard to funds for help people when they are desperate This is a matter of survival for many their disaster. And I ask unanimous and need help. of our coal mines. It is essential that consent that that vote occur in a So I urge my colleagues to vote for we act now to prevent unnecessary stacked sequence, after it is debated, this amendment. damage to the industry—to prevent un- after the vote on the amendment by Mr. BYRD. Mr. President, I ask for necessary unemployment—and to pre- Senator BYRD and Senator MCCONNELL, the yeas and nays on my amendment. The PRESIDING OFFICER. Is there a vent unnecessary economic devastation and that the first vote be just 10 min- sufficient second? in areas which have already been by- utes, and then the second vote would be 10 minutes also. There is a sufficient second. passed by the economic boom times The yeas and nays were ordered. that have blessed much of the Nation. The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask for A Federal district court judge in objection, it is so ordered. the yeas and nays on the second West Virginia ruled on October 21 that AMENDMENT NO. 2781 amendment. a well-balanced working agreement be- Mr. LOTT. Mr. President, I send to The PRESIDING OFFICER. Is there a tween the U.S. Environmental Protec- the desk then the amendment on behalf sufficient second? tion Agency, the U.S. Department of of Senators HELMS and EDWARDS. There is a sufficient second. the Interior, the U.S. Army Corps of The PRESIDING OFFICER. The The yeas and nays were ordered. Engineers and the West Virginia Divi- clerk will report. VOTE ON AMENDMENT NO. 2780 sion of Environmental Protection vio- The legislative clerk read as follows: The PRESIDING OFFICER. The lated the Clean Water Act. The Senator from Mississippi [Mr. LOTT], question is on agreeing to amendment That arbitrary ruling which basically for Mr. HELMS and Mr. EDWARDS, proposes an No. 2780. The yeas and nays have been overrules three Federal agencies’ inter- amendment numbered 2781. ordered. The clerk will call the roll. pretation of the law is going to jeop- The amendment is as follows: The assistant legislative clerk called ardize the coal industry immediately At the appropriate place insert: the roll.

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Mr. NICKLES. I announce that the the Senator from Oregon (Mr. SMITH) mittee on Commerce, Science, and Senator from Missouri (Mr. ASHCROFT), are necessarily absent. Transportation. the Senator from Missouri (Mr. BOND), I further announce that, if present To the Congress of the United States: the Senator from Kentucky (Mr. and voting, the Senator from Kentucky I am pleased to transmit this report BUNNING), the Senator from Tennessee (Mr. BUNNING) would vote ‘‘yea.’’ on the Nation’s achievements in aero- (Mr. FRIST), the Senator from Wash- Mr. REID. I announce that the Sen- nautics and space during Fiscal Year ington (Mr. GORTON), the Senator from ator from California (Mrs. BOXER), the (FY) 1998, as required under section 206 Texas (Mrs. HUTCHISON), the Senator Senator from New Jersey (Mr. LAUTEN- of the National Aeronautics and Space from Arizona (Mr. MCCAIN), and the BERG), and the Senator from New York Act of 1958, as amended (42 U.S.C. 2476). Senator from Oregon (Mr. SMITH), are (Mr. MOYNIHAN) are necessarily absent. Aeronautics and space activities in- necessarily absent. The PRESIDING OFFICER. Are there volved 14 contributing departments and Mr. REID. I announce that the Sen- any other Senators in the Chamber de- agencies of the Federal Government, ator from California (Mrs. BOXER), the siring to vote? and the results of their ongoing re- Senator from New Jersey (Mr. LAUTEN- The result was announced—yeas 88, search and development affect the Na- BERG), and the Senator from New York nays 1, as follows: tion in many ways. (Mr. MOYNIHAN), are necessarily ab- [Rollcall Vote No. 371 Leg.] A wide variety of aeronautics and sent. YEAS—88 space developments took place during The result was announced—yeas 56, Abraham Feingold Mack FY 1998. The National Aeronautics and nays 33, as follows: Akaka Feinstein McConnell Space Administration (NASA) success- [Rollcall Vote No. 370 Leg.] Allard Fitzgerald Mikulski Baucus Graham fully completed five Space Shuttle YEAS—56 Murkowski Bayh Gramm Murray flights. There were 29 successful Ex- Abraham Edwards Mikulski Bennett Grams Nickles pendable Launch Vehicle (ELV) Allard Enzi Murkowski Biden Grassley Reed launches in FY 1998. Of those, 3 were Bayh Gramm Nickles Bingaman Gregg Reid Breaux Hagel NASA-managed missions, 2 were Bennett Grams Reid Robb Brownback Harkin NASA-funded/Federal Aviation Admin- Breaux Grassley Robb Roberts Bryan Gregg Bryan Hatch Roberts Rockefeller istration (FAA)-licensed missions, 8 Burns Hagel Burns Helms Rockefeller Roth were Department of Defense (DOD)- Byrd Hatch Byrd Hollings Santorum Santorum Campbell Helms Campbell Hutchinson managed missions, and 16 were FAA-li- Sessions Cleland Hollings Chafee, L. Inhofe Sarbanes censed commercial launches. Scientists Shelby Cochran Hutchinson Cleland Inouye Schumer Smith (NH) also made some dramatic new discov- Conrad Inhofe Cochran Jeffords Sessions Coverdell Inouye Specter Collins Johnson Shelby eries in various space-related fields Craig Kohl Stevens Conrad Kennedy Smith (NH) such as space science, Earth science, Crapo Kyl Thomas Coverdell Kerrey Snowe and remote sensing, and life and micro- DeWine Levin Thompson Craig Kerry Specter gravity science. In aeronautics, activi- Dodd Lott Thurmond Crapo Kohl Stevens Domenici Mack Voinovich Daschle Kyl Thomas ties included work on high-speed re- Dorgan McConnell Warner DeWine Landrieu Thompson search, advance subsonic technology, Dodd Leahy NAYS—33 Thurmond and technologies designed to improve Domenici Levin Torricelli Dorgan the safety and efficiency of our com- Akaka Fitzgerald Lincoln Lieberman Warner Durbin Lincoln Baucus Graham Lugar Wellstone mercial airlines and air traffic control Edwards Lott Biden Harkin Murray Wyden system. Bingaman Jeffords Reed Enzi Lugar Close international cooperation with Brownback Johnson Roth NAYS—1 Chafee, L. Kennedy Sarbanes Russia occurred on the Shuttle-Mir Collins Kerrey Schumer Voinovich docking missions and on the ISS pro- Daschle Kerry Snowe NOT VOTING—11 gram. The United States also entered Durbin Landrieu Torricelli into new forms of cooperation with its Feingold Leahy Wellstone Ashcroft Frist McCain Feinstein Lieberman Wyden Bond Gorton Moynihan partners in Europe, South America, Boxer Hutchison Smith (OR) and Asia. NOT VOTING—11 Bunning Lautenberg Thus, FY 1998 was a very successful Ashcroft Frist McCain The amendment (No. 2781) was agreed one for U.S. aeronautics and space pro- Bond Gorton Moynihan grams. Efforts in these areas have con- Boxer Hutchison Smith (OR) to. Bunning Lautenberg Mr. MURKOWSKI. I move to recon- tributed significantly to the Nation’s The amendment (No. 2780) was agreed sider the vote and I move to lay that scientific and technical knowledge, to. motion on the table. international cooperation, a healthier Mr. COVERDELL. Mr. President, I The motion to lay on the table was environment, and a more competitive move to reconsider the vote. agreed to. economy. Mr. CRAIG. I move to lay that mo- The PRESIDING OFFICER. Under WILLIAM J. CLINTON. tion on the table. the previous order, the joint resolution THE WHITE HOUSE, November 18, 1999. The motion to lay on the table was having been read the third time and f agreed to. passed, the motion to reconsider is laid MESSAGE FROM THE HOUSE upon the table. The PRESIDING OFFICER. The At 2:47 p.m., a message from the question is on agreeing to amendment The joint resolution (H.J. Res. 82), as amended, was passed. House of Representatives, delivered by No. 2781. The yeas and nays have been Ms. Niland, one of its reading clerks, ordered. f announced that the House has passed The clerk will call the roll. the following joint resolution, in which The legislative clerk called the roll. REPORT OF THE NATIONAL AERO- NAUTICS AND SPACE ADMINIS- it requests the concurrence of the Sen- Mr. NICKLES. I announce that the ate: Senator from Missouri: (Mr. TRATION FOR FISCAL YEAR H.J. Res. 82. Joint resolution making fur- ASHCROFT), the Senator from Missouri 1998—MESSAGE FROM THE PRESI- DENT—PM 77 ther continuing appropriations for the fiscal (Mr. BOND), the Senator from Kentucky year 2000, and for other purposes. (Mr. BUNNING), the Senator from Ten- The PRESIDING OFFICER laid be- nessee (Mr. FRIST), the Senator from fore the Senate the following message At 3:40 p.m., a message from the Washington (Mr. GORTON), the Senator from the President of the United House of Representatives, delivered by from Texas (Mrs. HUTCHISON), the Sen- States, together with an accompanying Mr. Berry, one of its reading clerks, an- ator from Arizona (Mr. MCCAIN), and report; which was referred to the Com- nounced that the House has passed the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30600 CONGRESSIONAL RECORD—SENATE November 18, 1999 following bills, in which it requests the The enrolled bills were signed subse- 393) returning to the Senate the bill concurrence of the Senate: quently by the President pro tempore (S. 4) entitled the ‘‘Soldiers’, Sailors’, H.R. 1167. An act to amend the Indian Self- (Mr. THURMOND). Airmen’s, and Marines’ Bill of Rights Determination and Education Assistance Act The message also announced that the Act of 1999’’, in the opinion of the to provide for further self-governance by In- House agrees to the report of the com- House, contravenes the first clause of dian tribes, and for other purposes. mittee of conference on the disagreeing the seventh section of the first article H.R. 1953. An act to authorize leases for votes of the two Houses on the amend- of the Constitution of the United terms not to exceed 99 years on land held in ment of the Senate to the bill States and is an infringement of the trust for the Torres Martinez Desert Cahuilla Indians and the Guidiville Band of (H.R. 1180) to amend the Social Secu- privileges of this House and that such Pomo Indians of the Guidiville Indian rity Act to expand the availability of bill be respectfully returned to the Rancheria. health care coverage for working indi- Senate with a message communicating H.R. 3051. An act to direct the Secretary of viduals with disabilities, to establish a this resolution. the Interior, the Bureau of Reclamation, to Ticket to Work and Self-Sufficiency The message further announced that conduct a feasibility study on the Jicarilla Program in the Social Security Admin- the House agrees to the resolution (H. Apache Reservation in the State of New istration to provide individuals with Res. 394) returning to the Senate the Mexico, and for other purposes. meaningful opportunities to work, and bill (S. 1232) entitled the ‘‘Federal Er- The message also announced that the for other purposes. roneous Retirement Coverage Correc- House has passed the following bill, At 9:23 p.m., a message from the tions Act’’, in the opinion of this with an amendment, in which it re- House of Representatives, delivered by House, contravenes the first clause of quests the concurrence of the Senate: Ms. Niland, one of its reading clerks, the seventh section of the first article S. 1418. An act to provide for the holding of announced that the House has passed of the Constitution of the United court at Natchez, Mississippi, in the same the following joint resolution, in which States and is an infringement of the manner as court is held at Vicksburg, Mis- privileges of this House and that such sissippi, and for other purposes. it requests the concurrence of the Sen- ate: bill be respectfully returned to the At 6:48 p.m., a message from the H.J. Res. 85. Joint resolution appointing Senate with a message communicating House of Representatives, delivered by the day for the convening of the second ses- this resolution. Ms. Niland, one of its reading clerks, sion of the One Hundred Sixth Congress. f announced that the House agrees to The message also announced that the EXECUTIVE AND OTHER the report of the committee of con- House has agreed to the following con- COMMUNICATIONS ference on the disagreeing votes of the current resolutions, in which it re- quests the concurrence of the Senate: The following communications were two Houses on the amendment of the laid before the Senate, together with H. Con. Res. 235. Concurrent resolution Senate to the bill, H.R. 3194, making accompanying papers, reports, and doc- appropriations for the government of providing for an additional sine die adjourn- ment of the first session of the One Hundred uments, which were referred as indi- the District of Columbia and other ac- cated: tivities chargeable in whole or in part Sixth Congress. H. Con. Res. 236. Concurrent resolution cor- EC–6227. A communication from the Asso- against revenues of said District for recting the enrollment H.R. 1180. ciate Administrator, Agricultural Marketing the fiscal year ending September 30, The message further announced that Service, Fruit and Vegetable Programs, De- 2000, and for other purposes. the House has passed the following partment of Agriculture, transmitting, pur- The message also announced that the bills, without amendment: suant to law, the report of a rule entitled House has passed the following joint ‘‘Papayas Grown in Hawaii: Increase in As- resolution, in which it requests the S. 28. An act to authorize an interpretive sessment Rate’’ (FV–99–928–1 FR), received center and related visitor facilities within concurrence of the Senate: November 9, 1999; to the Committee on Agri- the Four Corners Monument Tribal Park, culture, Nutrition, and Forestry. H.J. Res. 83. Joint resolution making fur- and for other purposes. EC–6228. A communication from the Acting ther continuing appropriations for the fiscal S. 67. An act to designate the headquarters Administrator, Farm Service Agency, Farm year 2000, and for other purposes. building of the Department of Housing and and Foreign Agricultural Services, Depart- The message further announced that Urban Development in Washington, District ment of Agriculture, transmitting, pursuant the House has agreed to the following of Columbia, as the ‘‘Robert C. Weaver Fed- to law, the report of a rule entitled ‘‘Pro- eral Building.’’ viding Notice to Delinquent Farm Loan Pro- concurrent resolution, in which it re- S. 438. An act to provide for the settlement quests the concurrence of the Senate: gram Borrowers of the Potential for Cross- of the water rights claims of the Chippewa Servicing’’ (RIN0560–AF89), received Novem- H. Con. Res. 234. Concurrent resolution ta- Cree Tribe of the Rocky Boy’s Reservation, ber 16, 1999; to the Committee on Agri- bling the bill (H.R. 2466) entitled ‘‘An Act and for other purposes. culture, Nutrition, and Forestry. making appropriations for the Department S. 548. An act to establish the Fallen Tim- EC–6229. A communication from the Con- of the Interior and related agencies for the bers Battlefield and Fort Miamis National gressional Review Coordinator, Regulatory fiscal year ending September 30, 2000, and for Historical Site in the State of Ohio. Analysis and Development, Policy and Pro- other purposes.’’ S. 580. An act to amend title IX of the Pub- gram Development, Animal and Health In- ENROLLED BILLS SIGNED lic Health Service Act to revise and extend spection Service, Department of Agriculture, At 7:40 p.m., a message from the the Agency for Healthcare Policy and Re- transmitting, pursuant to law, the report of search. House of Representatives, delivered by a rule entitled ‘‘Mediterranean Fruit Fly; S. 574. An act to direct the Secretary of the Removal of Quarantined Area’’ (Docket # 98– Ms. Niland, one of its reading clerks, Interior to make corrections to a map relat- announced that the Speaker has signed 083–7), received November 16, 1999; to the ing to the Coastal Barrier Resources System. Committee on Agriculture, Nutrition, and S. 580. An act to amend title IX of the Pub- the following enrolled bills: Forestry. S. 278. An act to direct the Secretary of the lic Health Service Act to revise and extend EC–6230. A communication from the Con- Interior to convey certain lands to the coun- the Agency for Healthcare Policy and Re- gressional Review Coordinator, Regulatory ty of Rio Arriba, New Mexico. search. Analysis and Development, Policy and Pro- S. 791. An act to amend the Small Business S. 382. An act to establish the Minuteman gram Development, Animal and Health In- Act with respect to the women’s business Missile National Historic Site in the State of spection Service, Department of Agriculture, center program. South Dakota, and for other purposes. transmitting, pursuant to law, the report of S. 1595. An act to designate the United S. 1235. An act to amend part G of title I of a rule entitled ‘‘User Fees; Agricultural States courthouse at 401 West Washington the Omnibus Crime Control and Safe Streets Quarantine and Inspection Service’’ (Docket Street in Phoenix, Arizona, as the ‘‘Sandra Act of 1968 to allow railroad police officers to # 98–073–2), received November 16, 1999; to the Day O’Connor United States Courthouse.’’ attend the Federal Bureau of Investigation Committee on Agriculture, Nutrition, and S. 1866. an act to redesignate the Coastal National Academy for law enforcement Forestry. Barrier Resources System as the ‘‘John H. training. EC–6231. A communication from the Under Chafee Coastal Barrier Resources System.’’ S. 1398. An act to clarify certain bound- Secretary, Food, Nutrition and Consumer aries on maps relating to the Coastal Barrier The message also announced that the Services, transmitting, pursuant to law, the Resources System. House agrees to the resolution (H. Res. report of a rule entitled ‘‘National School

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30601 Lunch Program, School Breakfast Program, and Legislation Division, Office of Thrift Su- EC–6253. A communication from the Direc- Child and Adult Care Food Program: Amend- pervision, Department of the Treasury, tor, Fish and Wildlife Service, Department of ments to the Infant Meal Program’’ transmitting, pursuant to law, the report of the Interior, transmitting, pursuant to law, (RIN0584–AB81), received November 16, 1999; a rule entitled ‘‘Safety and Soundness Stand- the report of a rule entitled ‘‘Endangered to the Committee on Agriculture, Nutrition, ards’’ (RIN1550–AB27), received November 16, and Threatened Wildlife and Plants; Deter- and Forestry. 1999; to the Committee on Banking, Housing, mination of Endangered Status for the Plant EC–6232. A communication from the Direc- and Urban Affairs. ‘Lesquerella thamnophila’ (Zapapa tor, Office of Regulatory Management and EC–6243. A communication from the Fed- bladderpod)’’ (RIN1018–AE54), received No- Information, Office of Policy, Planning and eral Register Liaison Officer, Regulations vember 17, 1999; to the Committee on Envi- Evaluation, Environmental Protection Agen- and Legislation Division, Office of Thrift Su- ronment and Public Works. cy, transmitting, pursuant to law, the report pervision, Department of the Treasury, EC–6254. A communication from the Comp- of a rule entitled ‘‘Paraquat; Pesticide Toler- transmitting, pursuant to law, the report of troller General of the United States, trans- ances for Emergency Exemptions’’ (FRL a rule entitled ‘‘Interagency Guidelines Es- mitting, pursuant to law, the report of the #6392–9), received November 16, 1999; to the tablishing Year 2000 Standards for Safety list of General Accounting Office reports for Committee on Agriculture, Nutrition, and and Soundness’’ (RIN1550–AB27), received No- September 1999; to the Committee on Gov- Forestry. vember 16, 1999; to the Committee on Bank- ernmental Affairs. EC–6233. A communication from the Direc- ing, Housing, and Urban Affairs. EC–6255. A communication from the Direc- tor, Office of Regulatory Management and EC–6244. A communication from the Man- tor of the Office of Management and Budget, Information, Office of Policy, Planning and aging Director, Office of the General Coun- Executive Office of the President, transmit- Evaluation, Environmental Protection Agen- sel, Federal Housing Finance Board, trans- ting, pursuant to law, a report on direct cy, transmitting, three reports relative to mitting, pursuant to law, the report of a rule spending or receipts legislation dated No- EPA regulatory programs; to the Committee entitled ‘‘Allocation of Joint and Several Li- vember 10, 1999; to the Committee on the on Agriculture, Nutrition, and Forestry. ability on Consolidated Obligations Among Budget. EC–6234. A communication from the Assist- the Federal Home Loan Banks’’ (RIN3069– EC–6256. A communication from the Execu- ant Legal Adviser for Treaty Affairs, Depart- AA78), received November 17, 1999; to the tive Director, Committee for Purchase from ment of State, transmitting, pursuant to Committee on Banking, Housing, and Urban People who are Blind or Severely Disabled, law, the report of the texts and background Affairs. transmitting, pursuant to law, the report of statements of international agreements, EC–6245. A communication from the Assist- a rule relative to an addition to and a dele- other than treaties; to the Committee on ant Attorney General, transmitting, a draft tion from the Procurement List, received Foreign Relations. of proposed legislation entitled ‘‘Money September 13, 1999; to the Committee on EC–6235. A communication from the Assist- Laundering Act of 1999’’; to the Committee Governmental Affairs. ant Legal Adviser for Treaty Affairs, Depart- on Banking, Housing, and Urban Affairs. EC–6257. A communication from the Direc- ment of State, transmitting, pursuant to EC–6246. A communication from the Sec- tor, Office of Personnel Management, trans- law, a report relative to use of the U.S. retary of Defense, transmitting, pursuant to mitting, pursuant to law, the report of a rule Emergency Refugee and Migration Assist- law, a report relative to the Cooperative entitled ‘‘Prevailing Rate Systems; Defini- ance Fund for the Timor crisis and the North Threat Reduction program; to the Com- tion of Napa County, California, to a Non- Caucasus crisis; to the Committee on For- mittee on Armed Services. appropriated Fund Wage Area’’ (RIN3206– eign Relations. EC–6247. A communication from the Under AI86), received November 16, 1999; to the EC–6236. A communication from the Assist- Secretary of Defense for Acquisition and Committee on Governmental Affairs. EC–6258. A communication from the Board ant Legal Adviser for Treaty Affairs, Depart- Technology, transmitting, pursuant to law, a Members, Railroad Retirement Board, trans- ment of State, transmitting, pursuant to report relative to DoD purchases from for- mitting, pursuant to law, a report relative to law, a report relative to the long-term strat- eign entities; to the Committee on Armed its commercial activities inventory; to the egy to carry out the counternarcotics re- Services. Committee on Governmental Affairs. sponsibilities of the Department of State; to EC–6248. A communication from the Acting EC–6259. A communication from the Assist- the Committee on Foreign Relations. Director, Defense Procurement, Department ant Secretary for Administration and Man- EC–6237. A communication from the Chief, of Defense, transmitting, pursuant to law, agement, Department of Labor, transmit- Regulations Unit, Internal Revenue Service, the report of a rule entitled ‘‘Subcontracting ting, pursuant to law, a report relative to its Department of the Treasury, transmitting, Goals for Purchases Benefitting People who commercial activities inventory; to the pursuant to law, the report of a rule entitled are Blind or Severely Disabled’’ (DFARS Committee on Governmental Affairs. ‘‘Annuity Contracts’’ (Revenue Procedure 99– Case 99–D304), received November 16, 1999; to EC–6260. A communication from the Execu- 44), received November 16, 1999; to the Com- the Committee on Armed Services. tive Director, Securities and Exchange Com- mittee on Finance. EC–6249. A communication from the Acting mission, transmitting, pursuant to law, a re- EC–6238. A communication from the Acting Director, Defense Procurement, Department port relative to its commercial activities in- Trade Representative, Executive Office of of Defense, transmitting, pursuant to law, ventory; to the Committee on Governmental the President, transmitting, a draft of pro- the report of a rule entitled ‘‘Debarment In- Affairs. posed legislation entitled ‘‘Southeast Europe vestigation and Reports’’ (DFARS Case 99– EC–6261. A communication from the Sec- Trade Preference Act’’; to the Committee on D013), received November 16, 1999; to the retary of Transportation, transmitting, pur- Finance. Committee on Armed Services. suant to law, the report of the Office of In- EC–6239. A communication from the Gen- EC–6250. A communication from the Acting spector General for the period April 1, 1999, eral Counsel, Federal Emergency Manage- Director, Defense Procurement, Department through September 30, 1999; to the Com- ment Agency, transmitting, pursuant to law, of Defense, transmitting, pursuant to law, mittee on Governmental Affairs. the report of a rule entitled ‘‘Changes in the report of a rule entitled ‘‘Comprehensive EC–6262. A communication from the Direc- Flood Elevation Determinations; 64 FR 60706; Small Business Subcontracting Plans’’ tor, Corporate Policy and Research Depart- 11/08/99’’, received November 16, 1999; to the (DFARS Case 99–D306), received November ment, Pension Benefit Guaranty Corpora- Committee on Banking, Housing, and Urban 16, 1999; to the Committee on Armed Serv- tion, transmitting, pursuant to law, the re- Affairs. ices. port of a rule entitled ‘‘Allocation of Assets EC–6240. A communication from the Gen- EC–6251. A communication from the Direc- in Single-Employer Plans; Interest Assump- eral Counsel, Federal Emergency Manage- tor, Office of Regulatory Management and tions for Valuing Benefits’’, received Novem- ment Agency, transmitting, pursuant to law, Information, Office of Policy, Planning and ber 16, 1999; to the Committee on Health, the report of a rule entitled ‘‘Changes in Evaluation, Environmental Protection Agen- Education, Labor, and Pensions. Flood Elevation Determinations; 64 FR 60709; cy, transmitting, pursuant to law, the report EC–6263. A communication from the Direc- 11/08/99’’, received November 16, 1999; to the of a rule entitled ‘‘Approval of Municipal tor, Office of Surface Mining, Department of Committee on Banking, Housing, and Urban Waste Combustor State Plan for Designated the Interior, transmitting, pursuant to law, Affairs. Facilities and Pollutants: Indiana’’ (FRL the report of a rule entitled ‘‘Ohio Regu- EC–6241. A communication from the Gen- #6476–2), received November 27, 1999; to the latory Program’’, received November 17, 1999; eral Counsel, Federal Emergency Manage- Committee on Environment and Public to the Committee on Energy and Natural Re- ment Agency, transmitting, pursuant to law, Works. sources. the report of a rule entitled ‘‘Changes in EC–6252. A communication from the Direc- EC–6264. A communication from the Direc- Flood Elevation Determinations; 64 FR 60711; tor, Office of Regulatory Management and tor, Office of Surface Mining, Department of 11/08/99’’, received November 16, 1999; to the Information, Office of Policy, Planning and the Interior, transmitting, pursuant to law, Committee on Banking, Housing, and Urban Evaluation, Environmental Protection Agen- the report of a rule entitled ‘‘Indiana Regu- Affairs. cy, transmitting, two reports relative to latory Program’’ (SPATS No. IN–143–FOR), EC–6242. A communication from the Fed- EPA regulatory programs; to the Committee received November 17, 1999; to the Com- eral Register Liaison Officer, Regulations on Environment and Public Works. mittee on Energy and Natural Resources.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 30602 CONGRESSIONAL RECORD—SENATE November 18, 1999 EC–6265. A communication from the Direc- Brown and 34 others; to the Committee on S. 1969. A bill to provide for improved man- tor, Office of Surface Mining, Department of Armed Services. agement of, and increases accountability for, the Interior, transmitting, pursuant to law, By Mr. KOHL: outfitted activities by which the public gains the report of a rule entitled ‘‘Indiana Regu- S. 1958. A bill to amend the Child Nutrition access to and occupancy and use of Federal latory Program’’ (SPATS No. IN–044–FOR), Act of 1966 to authorize the Secretary of Ag- land, and for other purposes; to the Com- received November 17, 1999; to the Com- riculture to make grants for startup costs of mittee on Energy and Natural Resources. mittee on Energy and Natural Resources. school breakfast programs; to the Com- By Mr. SPECTER: EC–6266. A communication from the Chair- mittee on Agriculture, Nutrition, and For- S. 1970. A bill to amend chapter 171 of title man, Energy Regulatory Commission, trans- estry. 28, United States Code, with respect to the mitting, pursuant to law, the report of a rule By Mr. HARKIN: liability of the United States for claims of entitled ‘‘Landowner Notification, Expanded S. 1959. A bill to provide for the fiscal re- military personnel for damages for certain Categorical Exclusions, and Other Environ- sponsibility of the Federal Government; to injuries; to the Committee on the Judiciary. mental Filing Requirements’’ (Docket No. the Committee on Finance. f RM98–17–000), received November 17, 1999; to By Mr. KOHL (for himself and Mr. the Committee on Energy and Natural Re- FEINGOLD): SUBMISSION OF CONCURRENT AND sources. S. 1960. A bill to provide for the appoint- SENATE RESOLUTIONS EC–6267. A communication from the Asso- ment of 1 additional Federal district judge The following concurrent resolutions ciate Administrator for Procurement, Na- for the eastern district of Wisconsin, and for other purposes; to the Committee on the Ju- and Senate resolutions were read, and tional Aeronautics and Space Administra- referred (or acted upon), as indicated: tion, transmitting, pursuant to law, the re- diciary. port of a rule entitled ‘‘Revisions to the By Mr. JOHNSON (for himself, Mr. By Mr. BAUCUS (for himself and Mr. NASA FAR Supplement on Property Report- KERREY, and Mr. WELLSTONE): BURNS): S. Res. 233. A resolution expressing the ing Requirements’’, received November 16, S. 1961. A bill to amend the Food Security sense of the Senate regarding the urgent 1999; to the Committee on Commerce, Act of 1985 to expand the number of acres au- need for the department of Agriculture to re- Science, and Transportation. thorized for inclusion in the conservation re- solve certain Montana civil rights discrimi- EC–6268. A communication from the Chief, serve; to the Committee on Agriculture, Nu- nation cases; to the Committee on Agri- Policy and Programming Division, Common trition, and Forestry. culture, Nutrition, and Forestry. Carrier Bureau, Federal Communications By Mr. ASHCROFT: S. 1962. A bill to amend the Congressional By Mr. LEAHY (for himself, Mr. KEN- Commission, transmitting, pursuant to law, Budget Act of 1974 to protect Social Security NEDY, Mrs. FEINSTEIN, Mr. JEFFORDS, the report of a rule entitled ‘‘Implementa- and Medicare surpluses through strength- Mr. TORRICELLI, Mrs. MURRAY, Mr. tion of the Local Competition Provision of ened budgetary enforcement mechanisms; to DURBIN, Mr. WELLSTONE, Mr. FEIN- the Telecommunications Act of 1996’’ (FCC the Committee on the Budget and the Com- GOLD, Mr. HARKIN, Mr. KERRY, Ms. 99–238) (CC Doc. 96–98), received November 17, mittee on Governmental Affairs, jointly, MIKULSKI, and Mrs. BOXER): 1999; to the Committee on Commerce, pursuant to the order of August 4, 1977, with S. Con. Res. 76. A concurrent resolution ex- Science, and Transportation. instructions that if one Committee reports, pressing the sense of Congress regarding a f the other Committee have thirty days to re- peaceful resolution of the conflict in the REPORTS OF COMMITTEES port or be discharged. state of Chiapas, Mexico and for other pur- By Mr. MCCAIN: poses; to the Committee on Foreign Rela- The following reports of committees S. 1963. A bill to authorize a study of alter- tions. were submitted: natives to the current management of cer- f tain Federal lands in Arizona; to the Com- By Mr. HATCH, from the Committee on STATEMENTS ON INTRODUCED the Judiciary, with amendments and an mittee on Energy and Natural Resources. amendment to the title: By Mrs. FEINSTEIN (for herself and BILLS AND JOINT RESOLUTIONS S. 1561. A bill to amend the Controlled Sub- Mrs. BOXER): By Mr. DASCHLE (for himself, S. 1964. A bill to designate the United stances Act to add gamma hydroxybutyric States Post Office located at 14071 Peyton Mr. HARKIN, Mr. INOUYE, Mr. acid and ketamine to the schedules of con- Drive in Chino Hills, California, as the Jo- REID, and Mr. JOHNSON): trol substances, to provide for a national seph Ileto Post Office; to the Committee on S. 1955. A bill to allow patients access awareness campaign, and for other purposes. Governmental Affairs. to drugs and medical devices rec- f By Mr. DOMENICI (for himself and Mr. ommended and provided by health care INTRODUCTION OF BILLS AND BINGAMAN): practitioners that are not approved by S. 1965. A bill to direct the Secretary of the JOINT RESOLUTIONS the Food and Drug Administration, and Interior, the Bureau of Reclamation, to con- for other purposes; to the Committee The following bills and joint resolu- duct a feasibility study on the Jicarilla on Health, Education, Labor, and Pen- tions were introduced, read the first Apache Reservation in the State of New sions. and second time by unanimous con- Mexico, and for other purposes; to the Com- ACCESS TO MEDICAL TREATMENT ACT sent, and referred as indicated: mittee on Energy and Natural Resources. By Mr. HAGEL (for himself and Mr. Mr. DASCHLE. Mr. President, today By Mr. DASCHLE (for himself, Mr. ROBERTS): I am introducing the Access to Medical HARKIN, Mr. INOUYE, Mr. REID, and S. 1966. A bill to provide for the immediate Treatment Act. I am pleased to be Mr. JOHNSON): review by the Immigration and Naturaliza- joined by Senators HARKIN, REID, S. 1955. A bill to allow patients access to tion Service of new employees hired by em- drugs and medical devices recommended and ployers subject to Operation Vanguard or INOUYE and JOHNSON in this effort to provided by health care practitioners that similar programs, and for other purposes; to increase individuals’ freedom of choice are not approved by the Food and Drug Ad- the Committee on the Judiciary. in health care. ministration, and for other purposes; to the By Mr. COCHRAN (for himself and Mr. At the outset, I want to extend my Committee on Health, Education, Labor, and LOTT): thanks to my friend Berkley Bedell, Pensions. S. 1967. A bill to make technical correc- who formerly represented the 6th Dis- By Ms. SNOWE: tions to the status of certain land held in trict of Iowa, for first bringing this S. 1956. A bill to amend title 38, United trust for the Mississippi Band of Choctaw In- issue to my attention and for his as- States Code, to enhance the assurance of ef- dians, to take certain land into trust for that ficiency, quality, and patient satisfaction in Band, and for other purposes; to the Com- sistance in developing this bill. Berk- the furnishing of health care to veterans by mittee on Indian Affairs. ley Bedell has experienced first-hand the Department of Veterans Affairs, and for By Mr. DORGAN: the life-saving potential of alternative other purposes; to the Committee on Vet- S. 1968. A bill to amend the Federal securi- treatments. His story underscores the erans Affairs. ties laws to enhance oversight over certain need for the legislation I am intro- By Mr. SCHUMER (for himself, Mr. derivatives dealers and hedge funds, reduce ducing today and the importance of a ROBB, and Ms. MIKULSKI): the potential for such entities to increase national debate on ways to promote S. 1957. A bill to provide for the payment of systemic risk in the financial markets, en- compensation to the families of the Federal hance investor protections, and for other consumer choice and expand access to employees who were killed in the crash of a purposes; to the Committee on Banking, promising new medical treatments. United States Air Force CT-43A aircraft on Housing, and Urban Affairs. American consumers have already April 3, 1996, near Dubrovnik, Croatia, car- By Mr. CRAIG (for himself, Mr. MUR- voted for expanded access to alter- rying Secretary of Commerce Ronald H. KOWSKI, and Mr. THOMAS): native treatments with their feet and

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.001 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30603 their pocket-books. The Journal of the and effectiveness of any medical treat- There being no objection, the bill was American Medical Association recently ment, including questions that remain ordered to be printed in the RECORD, as published a study by David Eisenberg unanswered because the necessary re- follows: and others that found that Americans search has not been conducted. Pa- Be it enacted by the Senate and House of Rep- spent nearly $27 billion on alternative tients must be informed of any possible resentatives of the United States of America in therapies in 1997. Americans made side effects or interactions with other Congress assembled, more visits to alternative practi- drugs. SECTION 1. SHORT TITLE. tioners—a total of 629 million—than to The bill carefully restricts the abil- This Act may be cited as the ‘‘Access to Medical Treatment Act’’. primary care doctors. Expenditures for ity of practitioners to advertise or alternative medicine professional serv- market unapproved drugs or devices or SEC. 2. DEFINITIONS. ices increased 45.2 percent between 1990 to profit financially from prescribing In this Act: and 1997 to $21.2 billion. Some type of (1) ADULTERATED.—The term ‘‘adulterated’’ alternative medicine. This provision means any unapproved drug or medical de- alternative therapy is used by 46.3 per- was included to ensure that practi- vice that in whole or part consists of any cent of the American population. tioners keep the best interests of pa- filthy, putrid, or decomposed substance that Alternative therapies are also being tients in mind and to retain incentives has been prepared, packed, or held under un- incorporated into mainstream medical for seeking FDA approval. If an indi- sanitary conditions where such drug or de- programs and practice. The curriculum vidual or a company wants to earn a vice may have been contaminated with such of at least 22 of the nation’s 125 med- profit from a product, they would be filthy, putrid, or decomposed substance and ical schools include courses on alter- wise to go through the standard FDA be injurious to health. native medicine. The National Insti- (2) ADVERTISING CLAIM.—The term ‘‘adver- approval process. tising claim’’ means any representation tutes of Health now has a Center for The bill protects patients by requir- made or suggested by statement, word, de- Complementary and Alternative Medi- ing practitioners to report any adverse vice, sound, or any combination thereof with cine where work is underway to expand reaction that could potentially have respect to medical treatment. our knowledge of alternative therapies been caused by an unapproved drug or (3) COSTS.—The term ‘‘costs’’ means a and their safe and effective use. medical device. If an adverse reaction charge to patients equal to the amount nec- Despite the growing reliance on is reported, manufacture and distribu- essary to recover expenses for making or ob- many types of alternative medicine, taining the unapproved drug or medical de- tion of the drug must cease pending a vice and providing for its transport to the other alternative therapies remain un- thorough investigation. If it is deter- available because they do not fit the health care practitioner. mined that the adverse reaction was (4) DANGER.—The term ‘‘danger’’ means an categories already carved out by Con- caused by the drug or medical device, adverse reaction, to an unapproved drug or gress for exemption from the require- as a part of a total recall, the Sec- medical device, that used as directed— ment to gain FDA approval. My bill retary of the Department of Health and (A) causes serious harm to the patient in a would increase access to treatments Human Services, along with the manu- case in which such harm would not have oth- that would normally be regulated by facturer, has the duty to inform all erwise occurred; or the FDA, but have not yet undergone (B) causes harm that is more serious than health care practitioners to whom the side effects for drugs or medical devices ap- the expensive and lengthy process cur- drug or device has been provided. rently required to gain FDA approval. proved by the Federal Food and Drug Admin- This legislation will help build a istration for the same disease or condition. Given the popularity of alternative knowledge base regarding alternative (5) DRUG.—The term ‘‘drug’’ has the same medicine among the American public treatments by requiring practitioners meaning given that term in section 201(g)(1) and its growing acceptance among tra- to report on effectiveness. This is crit- of the Federal Food, Drug, and Cosmetic Act ditional medical practitioners, it would ical because current information avail- (21 U.S.C. 321(g)(1)). seem logical to remove some of the ac- (6) HEALTH CARE PRACTITIONER.—The term able about the effectiveness of many cess barriers that consumers face when ‘‘health care practitioner’’ means a physi- promising treatments is inadequate. seeking certain alternative therapies. cian or other individual who is a provider of The information generated through The time and expense currently re- health care, who is authorized under the law this Act will begin to reverse this re- of a State to prescribe drugs or devices. quired to gain FDA approval both dis- ality, particularly because information (7) INTERSTATE COMMERCE.—The term courages the exploration of innovative, will be collected and analyzed by the ‘‘interstate commerce’’ means commerce be- life-saving treatments by individual Center for Alternative Medicine at the tween any State or Territory and any place practitioners, scientists and smaller National Institutes of Health. outside thereof, and commerce within the companies and limits patient access to District of Columbia or within any other low-cost treatments. In essence, this legislation addresses Territory not organized with a legislative Mr. President, the Access to Medical the fundamental balance between two body. Treatment Act proposes one way to ex- seemingly irreconcilable interests: the (8) LEGAL REPRESENTATIVE.—The term pand freedom of choice for medical protection of patients from dangerous ‘‘legal representative’’ means a parent or and ineffective treatments and the other person who qualifies as a legal guard- consumers under carefully controlled ian under State law. situations. It asserts that individuals— preservation of the consumers’ freedom to choose alternative therapies. The (9) MEDICAL DEVICE.—The term ‘‘medical especially those who face life-threat- device’’ has the same meaning given the ening afflictions for which conven- complexity of this policy challenge term ‘‘device’’ in section 201(h) of the Fed- tional treatments have proven ineffec- should not discourage us from seeking eral Food, Drug, and Cosmetic Act (21 U.S.C. tive—should have the option of trying to solve it. I am convinced that the 321(h)). an alternative treatment, so long as public good will be served by a serious (10) PATIENT.—The term ‘‘patient’’ means they have been fully informed of the attempt to reconcile these contradic- any person who seeks medical treatment tory interests, and I am hopeful the from a health care practitioner for a disease nature of the treatment, potential side or health condition. effects, and given any other informa- discussion generated by introduction of this legislation will help point the way (11) SECRETARY.—The term ‘‘Secretary’’ tion necessary to meet carefully-craft- means the Secretary of the Department of ed informed consent requirements. to its resolution. Health and Human Services. This is a choice that is rightly made by Mr. President, this legislation rep- (12) UNAPPROVED DRUG OR MEDICAL DE- the consumer, and not dictated by the resents an honest attempt to focus se- VICE.—The term ‘‘unapproved’’, with respect Federal government. rious attention on the value of alter- to a drug or medical device, means a drug or All treatments sanctioned by this native treatments and overcome cur- medical device that is not approved or au- Act must be prescribed by an author- rent obstacles to their safe develop- thorized for manufacture, sale, and distribu- ment and utilization. tion in interstate commerce under section ized health care practitioner who has 505, 513, or 515 of the Federal Food, Drug, and personally examined the patient. The Mr. President, I ask unanimous con- Cosmetic Act (21 U.S.C. 355, 360c, and 360e) or practitioner must fully disclose all sent that the text of the bill be printed under section 351 of the Public Health Serv- available information about the safety in the RECORD. ice Act (42 U.S.C. 201).

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30604 CONGRESSIONAL RECORD—SENATE November 18, 1999 SEC. 3. ACCESS TO MEDICAL TREATMENT. (G) of the procedures that will be employed proved drug or medical device causes a dan- by the health care practitioner in using such ger to a patient, the practitioner shall imme- (a) IN GENERAL.—Notwithstanding sections diately cease use and recommendation of the 501(a)(2)(B), 501(e) through 501(h), 502(f)(1), a drug or medical device; unapproved drug or medical device and pro- 505, 513, and 515 of the Federal Food, Drug, (H) of the extent, if any, to which confiden- vide to the manufacturer of the unapproved and Cosmetic Act (21 U.S.C. 351(a)(2)(B), tiality of records identifying the patient will be maintained; drug or medical device and the Director of 351(e) through 351(h), 352(f)(1), 355, 360c, and (I) for use of such a drug or medical device the Centers for Disease Control and Preven- 360e) and section 351 of the Public Health involving more than minimal risk, of the tion— Service Act (42 U.S.C. 201) or any other pro- treatments available if injury occurs, what (1) a written evaluation of the patient’s vision of Federal law, a patient may receive, such treatments involve, and where addi- medical condition before and after adminis- and a health care practitioner may provide tional information regarding such treat- tration of the unapproved drug or medical or administer, any unapproved drug or med- ments may be obtained; device; ical device that the patient desires or the (J) of any anticipated circumstances under (2) a written evaluation of the adverse re- legal representative of the patient authorizes which the patient’s use of such a drug or action, including its physiological mani- if— medical device may be terminated by the festations, duration, and the effect of ces- (1) the unapproved drug or medical device health care practitioner without regard to sation of treatment upon the patient’s condi- is recommended by a health care practi- the patient’s consent; tion; tioner within that practitioner’s scope of (K) that the use of an such a drug or med- (3) any other information the health care practice under State law; ical device is voluntary and that the patient practitioner deems pertinent to an evalua- (2) the provision or administration of the may suspend or terminate treatment at any tion of the adverse reaction; unapproved drug or medical device is not a time; (4) the name, occupation, business address, violation of the laws of the State or States (L) of the consequences of a patient’s deci- and business telephone number of the physi- in which the activity is carried out; and sion to withdraw from the use of such a drug cian; (3) the health care practitioner abides by or medical device; (5) the name of the unapproved drug or all of the requirements in subsection (b). (M) if any information described in sub- medical device and a description of the method of administration and operation, (b) REQUIREMENTS.—A health care practi- paragraphs (A) through (L) cannot be pro- tioner may recommend, provide or admin- vided by the health care practitioner because dosage, and duration of treatment; ister any unapproved drug or medical device such information is not known at the time (6) the lot number, if any, of the unap- proved drug or medical device; and for a patient, pursuant to subsection (a), if the practitioner provides or administers such (7) an affidavit pursuant to section 1746 of that practitioner— drug or medical device, that such informa- title 28, United States Code, confirming that (1) does not violate State law by providing tion cannot be provided by the practitioner; all statements made to the manufacturer are or administering the unapproved drug or and accurate. medical device; (N) of any other information or disclosures (b) MANUFACTURER’S DUTY TO REPORT.— (2) does not violate the Controlled Sub- required by applicable State law for the ad- Any manufacturer of an unapproved drug or stances Act (21 U.S.C. 801 et seq.) by pro- ministration of experimental drugs or med- medical device that receives information viding or administering the unapproved ical devices to human subjects; provided under subsection (a) shall imme- drugs; (7) has not made, except as provided in sub- diately— (3) has concluded based on generally ac- section (d), any advertising claims for the (1) cease sale and distribution of the unap- cepted principles and current information unapproved drug or medical device; proved drug or medical device pending com- that the unapproved drug or medical device, (8) does not impose a charge for the unap- pletion of an investigation to determine the when used as directed, will not cause a dan- proved drug or medical device in excess of actual cause of the danger; ger to the patient; costs; (2) notify all health care practitioners to (4) provides the recommendation under cir- (9) complies with requirements for report- whom the manufacturer has provided the un- cumstances that give the patient sufficient ing a danger in section 4; and approved drug or medical device of the infor- opportunity to consider whether or not to (10) has received a signed affidavit from mation provided to the manufacturer under use such a drug or medical device and that the patient or the patient’s legal representa- subsection (a); and minimize the possibility of coercion or tive confirming that the patient or the legal (3) report to the Secretary in writing that undue influence by the health care practi- representative— an unapproved drug or medical device (iden- tioner; (A) has received the written information tified by name, known method of operation, (5) discloses to the patient any financial required by this subsection and understands unit dose, and intended use) that the manu- interest that such a practitioner may have it; and facturer provided to a health care practi- in the drug or medical device; (B) desires treatment with the unapproved tioner for administration under this Act has (6) has informed the patient in writing, drug or medical device as recommended by been reported to be a danger to a patient and prior to recommending, providing, or admin- the health care practitioner. confirming that the manufacturer— istering the unapproved drug or medical de- (c) MANDATORY DISCLOSURE.—Any manu- (A) has ceased sale and distribution of the vice— facturer of an unapproved drug or medical unapproved drug or medical device pending (A) that the unapproved drug or medical device shall disclose, to any health care completion of an investigation to determine device is not approved by the Secretary as practitioner that has received such drug or the actual cause of the danger; and safe and effective for the condition of the pa- medical device from such manufacturer, all (B) has notified health care practitioners tient and is considered experimental; information available to such manufacturer to which the unapproved drug or medical de- (B) of the foreseeable risks and benefits of regarding such drug or medical device to en- vice has been sent of the information it has the unapproved drug or medical device, in- able such practitioner to comply with the re- received. cluding any risk to an embryo or fetus, and quirements of subsection (b)(3) and make a (c) INVESTIGATION.— expected possible side effects or discomforts determination regarding the danger posed by (1) IN GENERAL.—The Director of the Cen- that the patient may experience and any such drug or medical device. Compliance ters for Disease Control and Prevention, medical treatment available if side affects with this subsection shall not constitute a upon receipt of the information described in occur; violation of the Federal Food, Drug, and Cos- subsection (a), shall conduct an investiga- (C) of any appropriate alternative proce- metic Act (21 U.S.C. 301 et seq.). tion of the unapproved drug or medical de- (d) ADVERTISING CLAIMS EXCEPTION.—Sub- dures or courses of treatment (including pro- vice that a health care practitioner has de- section (b)(7) shall not apply to a health care cedures or courses of treatment that may in- practitioner’s dissemination of information termined to cause a danger to a patient in volve the use of a drug or medical device on the results of the practitioner’s adminis- order to make a determination of the actual that has been approved by the Food and Drug tration of the unapproved drug or medical cause of such danger. Administration), if any, that may be advan- device in a peer-reviewed journal, through (2) REPORT TO SECRETARY.—The Director of tageous for the patient’s condition; academic or professional forums, or through the Centers for Disease Control and Preven- (D) of any interactions the unapproved statements by a practitioner to a patient. tion shall prepare and submit a report to the drug or medical device may have with other Subsection (b)(7) shall not apply to any accu- Secretary regarding the determination made drugs, if any; rate and truthful statement made in person under paragraph (1), including a determina- (E) of the active and inactive ingredients by a health care practitioner to an indi- tion concerning whether the unapproved of the unapproved drug and the mechanism vidual or a prospective patient. drug or medical device is or is not the actual of action of the medical device, if known; SEC. 4. CESSATION OF USE, AND REPORTING OF, cause of danger or whether the actual cause (F) of the health condition for which the DANGEROUS DRUGS AND MEDICAL of danger cannot be determined. unapproved drug or medical device is pro- DEVICES. (3) DUTY OF SECRETARY.—Upon receipt of vided, the method of administration that (a) DUTY TO PROTECT PATIENT.—If a health the report described in paragraph (2), the will be used, and the unit dose; care practitioner discovers that an unap- Secretary shall—

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30605 (A) if the Director of the Centers for Dis- (4) the name of the unapproved drug or We have improved the informed con- ease Control and Prevention determines that medical device; sent protections for patients by mod- the cause of such danger is the unapproved (5) the known method of operation and ad- eling them after the NIH’s human sub- drug or medical device, direct the manufac- ministration of the unapproved drug or med- ject protection regulations. The pa- turer of such drug or medical device to— ical device; (i) cease manufacture, sale, and distribu- (6) the per unit dose; and tient must be fully informed, orally tion of such drug or medical device; and (7) the intended use of the unapproved drug and in writing of: the nature, content (ii) notify all health care practitioners to or medical device. and methods of the medical treatment; whom the manufacturer has provided such (c) DIRECTOR’S DUTY TO MAKE PUBLIC.— that the treatment is not approved by drug or medical device to cease using or rec- The Director of the National Center for Com- the FDA; the anticipated benefits AND ommending such drug or medical device, and plementary and Alternative Medicine shall risks of the treatment; any reasonably to return such drug or medical device to the review and analyze information received pur- suant to subsection (b) about an unapproved foreseeable side effects that may re- manufacturer as part of a complete recall; sult; the results of past applications of (B) if the Director of the Centers for Dis- drug or medical device and make available, ease Control and Prevention determines that on an Internet website and in writing upon the treatment by the health care pro- the cause of such danger is not such drug or request by any individual, an annual review vider and others; the comparable bene- medical device, direct the manufacturer of and analysis of such information, and in- fits and risks of any available FDA-ap- such drug or medical device to inform all clude a statement that such drug or medical proved treatment conventionally used health care practitioners to whom the manu- device is not approved by the Food and Drug for the patient’s condition; and any fi- Administration. facturer has provided such drug or medical nancial interest the provider has in the SEC. 6. OTHER LAWS NOT AFFECTED BY THIS device of such a determination; and product. (C) if the Director of the Centers of Disease ACT. This Act shall not be construed to have Providers and manufacturers are re- Control and Prevention cannot determine any effect on section 503A of the Federal the cause of the danger, direct the manufac- quired to report to the Centers for Dis- Food, Drug, and Cosmetic Act (21 U.S.C. turer of the drug or medical device to inform ease Control and Prevention (CDC) any 353a) nor does this Act supersede any law of all health care practitioners to whom the adverse effects, and must immediately a State or political subdivision of a State, cease use and manufacture of the prod- manufacturer has provided such drug or including laws governing rights and duties medical device of such a determination. among health care practitioners and pa- uct, pending a CDC investigation. The (d) SECRETARY’S DUTY TO INFORM.—Upon tients. This Act shall also not apply to state- CDC is required to conduct an inves- receipt of the report described in subsection ments or claims permitted or authorized tigation of any adverse effects, and if (b)(3), the Secretary shall promptly dissemi- under sections 403 and 403B of such Act (21 the product is shown to cause any dan- nate information concerning the danger to U.S.C. 343, 343-2). This Act shall not in any ger to patients, the physician and man- all health care practitioners in the United way adversely affect the distribution and States, to the Director of the National Cen- ufacturers are required to immediately marketing of vitamins and supplements. inform all providers who have been ter for Complementary and Alternative Med- SEC. 7. AUTHORIZED ACTIVITIES OF HEALTH icine, and to agencies of the States that have CARE PRACTITIONERS. using the product of the danger. responsibility for regulating unsafe or adul- (a) INTRODUCTION IN INTERSTATE COM- Our legislation ensures the public’s terated drugs and medical devices. MERCE.—To the extent necessary to comply access to reliable information about SEC. 5. REPORTING OF RESULTS OF UNAP- with this Act, a health care practitioner complementary and alternative thera- PROVED DRUGS AND MEDICAL DE- may— pies by requiring providers and manu- VICES. (1) introduce an unapproved drug or med- facturers to report the results of the (a) REPORTING OF RESULTS.—If a health ical device into interstate commerce; use of their product to the National care practitioner provides or administers an (2) deliver an unapproved drug or medical unapproved drug or medical device, that in device for introduction into such commerce; Center for Complementary and Alter- the opinion of the health care practitioner, (3) transport an unapproved drug or med- native Medicine at NIH, which is then produces results that are more beneficial ical device in such commerce; required to compile and analyze the in- than results produced from any drug or med- (4) receive an unapproved drug or medical formation for an annual report. ical device approved by the Food and Drug device in such commerce and deliver the un- In addition, the provider and manu- Administration, or produces other results re- approved drug or medical device; and facturer may make no advertising garding the effectiveness of the treatment (5) hold an unapproved drug or medical de- claims regarding the safety and effec- relative to treatments approved by the Food vice for sale after shipment of the unap- and Drug Administration for the same condi- tiveness of the treatment of therapy, proved drug or medical device in such com- and FDA has the authority to deter- tion, the practitioner shall provide to the merce. manufacturer— (b) RULE OF CONSTRUCTION.—This Act shall mine that the labeling of the treat- (1) the results of the administration of the not be construed to limit or interfere with ment is not false or misleading. drug or device; the authority of a health care practitioner to Mr. President, this legislation pre- (2) a written evaluation of the patient’s prescribe, recommend, provide or administer serves the consumer’s freedom to medical condition before and after adminis- to a patient for any condition or disease any choose alternative therapies while ad- tration of the unapproved drug or medical unapproved drug or medical device lawful dressing the fundamental concern of device; under the law of the State or States in which protecting patients from dangerous (3) the name, occupation, business address, the health care practitioner practices. treatments and those who would advo- and business telephone number of the physi- SEC. 8. PENALTY. cian; A health care practitioner or manufacturer cate unsafe and ineffective therapies. (4) the name of the unapproved drug or found to have knowingly violated this Act It wasn’t long ago that William medical device and a description of the shall be denied coverage under this Act. Roentgen was afraid to publish his dis- method of operation and administration, Mr. HARKIN. Mr. President, I am covery of X-rays as a diagnostic tool. dosing, and duration of treatment; and pleased to join Senator DASCHLE today He knew they would be considered an (5) an affidavit pursuant to section 1746 of for the introduction of the Access to ‘‘alternative medical practice’’ and title 28, United States Code, confirming that widely rejected by the medical estab- all statements made to the manufacturer are Medical Treatment Act. This bill will accurate. allow greater freedom of choice and in- lishment. As everyone knows, X-rays (b) MANUFACTURER’S DUTY TO REPORT.— creased access in the realm of medical are a common diagnostic tool today. Any manufacturer of an unapproved drug or treatments, while preventing abuses of Well into this century, many scientists medical device that receives information unscrupulous entrepreneurs. The Ac- resisted basic antiseptic techniques as under subsection (a) shall provide to the Di- cess to Medical Treatment Act allows quackery because they refused to ac- rector of the National Center for Com- individual patients and their properly cept the germ theory of disease. I think plementary and Alternative Medicine— licensed health care provider to use we can all be thankful the medical pro- (1) a complete copy of the information; certain alternative and complementary fession came around on that one. (2) the name, business address, and busi- In addition, the Office of Technology ness telephone number of the manufacturer; therapies not approved by the Food and (3) the name, business address, and busi- Drug Administration (FDA). Assessment reported in a 1978 study ness telephone number of the health care Mr. President, we have made several that only about 25 percent of the prac- practitioner who supplied information to the important changes to the legislation tices of mainstream medicine were manufacturer; from last Congress. based on scientific evidence. And there

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30606 CONGRESSIONAL RECORD—SENATE November 18, 1999 is little evidence that has changed in erans is increasing as well, and this is facility should be held to. Further, the the past two decades. expected to result in additional de- VA would be required to report to Con- Today’s consumers want alter- mands for health care services, includ- gress on each hospital’s standing in re- natives. They want less invasive, less ing more frequent and long-term lation to efficiency, quality, and satis- expensive preventive options. Ameri- health needs. faction criteria, and how each facility cans want to stay healthy. And they The VA is attempting to meet this compares to the VA-wide average. are speaking with their feet and their unprecedented demand for health care In an effort to encourage innovation pocketbooks. Mr. President, Americans services without substantial increases in efforts to increase efficiency within spend $30 billion annually on unconven- in funding, largely through efforts to the agency, the bill would encourage tional therapies. According to a recent increase efficiency. Not surprisingly, the dissemination and sharing of infor- survey published in the Journal of the these seemingly competing objectives mation throughout the VA in order to American Medical Association (JAMA), are generating serious concerns about facilitate implementation of uniform, nearly one-half of Americans use some the possibility that quality of care and/ equitable efficiency standards. kind of complementary and alternative or patient satisfaction are being sac- Finally, Mr. President, the bill in- medicine. These practices, which range rificed. cludes provisions calling for sharing of from acupuncture, to chiropractic care, Mr. President, many VA regional information on efforts to maximize re- to naturopathic, herbal and homeo- networks and medical center directors sources and increase efficiency without pathic remedies, are not simply com- report that timely access to high qual- compromising quality of care and pa- plementary and alternative, but inte- ity health care is being jeopardized, tient satisfaction; exchange and men- gral to how millions of Americans and that is why I am introducing the toring initiatives among and between manage their health and treat their ill- Veterans Health Care Quality Assur- networks in order to facilitate sharing nesses. ance Act, legislation which seeks to en- of such information; incentives for net- This legislation simply provides pa- sure that no veteran’s hospital is tar- works to increase efficiency and meet tients the freedom to use—with strong geted unfairly for cuts, and that efforts uniform quality/patient satisfaction consumer protections—the complemen- to ‘‘streamline’’ and increase efficiency targets; and formal oversight by the tary and alternative therapies and are not followed by the unintended VA to ensure that all networks are treatments that have the potential to consequence of undermining quality of meeting uniform efficiency criteria and relieve pain and cure disease. I thank care or patient satisfaction. that efforts to increase efficiency are Senator DASCHLE for his leadership on I believe that all veterans hospitals equitable between networks and med- this issue, and urge my colleagues to should be held to the same equitable ical facilities. cosponsor this bill. VA-wide standards, and that quality Last week America celebrated Vet- and satisfaction must be guaranteed. erans Day 1999—81 years after the Ar- By Ms. SNOWE: Toward that end, the Veterans Health mistice was signed in France that si- S. 1956. A bill to amend title 38, Care Quality Assurance Act calls for lenced the guns and ended the carnage United States Code, to enhance the as- audits of every VA hospital every three of World War I. World War I was sup- surance of efficiency, quality, and pa- years. This will ensure that each facil- posed to be ‘‘the war to end all wars’’ tient satisfaction in the furnishing of ity is subject to an outside, inde- . . . the war that made the world safe health care to veterans by the Depart- pendent review of its operations on a for democracy. Sadly, that was not to ment of Veterans Affairs, and for other regular basis, and each audit will in- be, and America has been repeatedly purposes; to the Committee on Vet- clude findings on how to improve serv- reminded that the defense of democ- erans’ Affairs. ices to our veterans. racy is an on-going duty. THE VETERANS HEALTH CARE QUALITY The legislation will also establish an Mr. President, keeping our promise ASSURANCE ACT Office of Quality Assurance within the to our veterans is also an ongoing duty. Ms. SNOWE. Mr. President, I rise VA to ensure that steps taken to in- The debt of gratitude we owe to our today to introduce the Veterans Health crease efficiency in VA medical pro- veterans can never be fully repaid. Care Quality Assurance Act of 1999. grams do not undermine quality or pa- What we can and must do for our vet- This legislation contains a number of tient satisfaction. This office will col- erans is repay the financial debt we proposals designed to ensure that ac- lect and disseminate information on ef- owe to them. Central to that solemn cess to high quality medical services forts that have proven to successfully duty is ensuring that the benefits we for our veterans is not compromised as increase efficiency and resource utili- promised our veterans when they en- the Department of Veterans Affairs— zation without undermining quality or listed are there for them when they the VA—strives to increase efficiency patient satisfaction. The director of need them. in its nationwide network of veterans this new Office of Quality Assurance I consider it a great honor to rep- hospitals. should be an advocate for veterans and resent veterans, these brave Ameri- Mr. President, the VA administers would be placed in the appropriate po- cans. So many of them continue to the largest health care network in the sition in the VA command structure to make contributions in our commu- U.S., including 172 hospitals, 73 home ensure that he or she is consulted by nities upon their transition from mili- care programs, over 800 community- the VA Secretary and Under Secretary tary to civilian life—through youth ac- based outpatient clinics, and numerous for Veterans Health on matters that tivities and scholarship programs, other specialized care facilities. impact quality or satisfaction. homeless assistance initiatives, efforts Moreover, there are approximately 25 The bill would require an initial re- to reach out to fellow veterans in need, million veterans in the U.S., including port to Congress within six months of and national leadership on issues of im- approximately 19.3 million wartime enactment, which would include a sur- portance to veterans and all Ameri- veterans, and the number of veterans vey of each VA regional network and a cans. The least we can do is make good seeking medical care in VA hospitals is report on each network’s efforts to in- on our promise, such as the promise of increasing. The FY99 VA medical care crease efficiency, as well as an assess- access to high quality health care. caseload was projected to increase by ment of the extent to which each net- I have nothing but the utmost re- 160,000 veterans over the FY98 level, work and VA hospital is or is not im- spect for those who have served their and is projected to increase by an addi- plementing the same uniform, VA-wide country, and this legislation is but a tional 54,000 in FY00, reaching a total policies to increase efficiency. small tribute to the men and women of 3.6 million veterans, an increase Under the bill’s reporting require- and their families who have served this from 2.7 million in FY97. In FY00, out- ment, the VA would also be required to country with courage, honor and dis- patient visits at VA medical facilities publish—annually—an overview of VA- tinction. They answered the call to are projected to increase by 2.5 million wide efficiency goals and quality/satis- duty when their country needed them, to 38.3 million. The average age of vet- faction standards that each veterans and this is a component of my on-going

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30607 effort to ensure that we, as elected offi- states to provide schools with an addi- retary a plan to initiate school breakfast cials, answer their call when they need tional five cent per meal reimburse- programs conducted in the State, including a us. ment during the first year in which description of the manner in which the State I urge my colleagues to join me in they provide the school breakfast pro- educational agency shall provide technical assistance and funding to eligible schools in supporting this legislation. gram. This additional reimbursement the State to initiate the programs. may be used to supplement both the ‘‘(6) STATE EDUCATIONAL AGENCY PREF- By Mr. KOHL: existing federal per meal reimburse- ERENCES.—In making a grant under this sub- S. 1958. A bill to amend the Child Nu- ment and any additional per meal re- section for a fiscal year to initiate school trition Act of 1966 to authorize the Sec- imbursement provided by the state. To breakfast programs, the Secretary shall pro- retary of Agriculture to make grants ensure that the grants are as effective vide a preference to a State educational for startup costs of school breakfast as possible they are targeted to those agency that— programs; to the Committee on Agri- states with poor school breakfast par- ‘‘(A) has in effect a State law that pro- culture, Nutrition, and Forestry. motes the expansion of State participation ticipation rates and that also have a in the school breakfast program during the LEGISLATION TO IMPROVE PARTICIPATION IN program in place to promote school year; THE SCHOOL BREAKFAST PROGRAM breakfast participation. State edu- ‘‘(B) has significant public or private re- Mr. KOHL. Mr. President, I rise to in- cational agencies will have the discre- sources that will be used to carry out the ex- troduce legislation that will go far in tion to determine, based on participa- pansion of the school breakfast program dur- helping children start their school day tion rates, which schools or school dis- ing the year; ready to learn. tricts will receive the supplemental as- ‘‘(C)(i) has not more than 55 percent of The relationship between a healthy sistance. schools in the State that are participating in the school lunch program also participating breakfast and both behavior and aca- Providing a nutritious breakfast is demic achievement has been docu- in the school breakfast program; or the first step in ensuring that kids are ‘‘(ii) has not more than 30 percent of the mented by a number of studies. Fortu- ready to learn when they sit down at students in the State receiving free or re- nately, participation of schools in the their desks each morning. The legisla- duced price lunch also receiving free or re- School Breakfast program has in- tion I am introducing will go far in duced price breakfasts; and creased steadily since the program was helping states and schools reach that ‘‘(D) serves an unmet need among low-in- made permanent in 1975. According to goal and I encourage my colleagues to come children, as determined by the Sec- the School Breakfast Scorecard, a re- support it. retary. port recently released by the Food Re- Mr. President, I ask unanimous con- ‘‘(7) REALLOCATION.—The Secretary shall search and Action Center (FRAC), a act in a timely manner to recover and reallo- sent that the text of this legislation cate to other State educational agencies or record number of schools—70,000—pro- and letters of support for my bill from States any amount made available to a State vided breakfast to school children last Wisconsin State Superintendent John educational agency or State under this sub- year. And nearly half of our states Benson and Wisconsin School Food section that is not used by the agency or have 80 percent or more of their Service Association President Renee State within a reasonable period (as deter- schools serving both lunch and break- Slotten-Beauchamp be printed in the mined by the Secretary). fast under the National School Lunch RECORD. ‘‘(8) APPLICATION.—The Secretary shall and School Breakfast programs. There being no objection, the mate- allow application by State educational agen- That’s good news. The bad news is cies on an annual basis for grants under this rial was ordered to be printed in the subsection. that the gulf between states with the RECORD, as follows: ‘‘(9) PREFERENCES BY STATE EDUCATIONAL highest rates of school participation in S. 1958 AGENCIES AND STATES.—In allocating funds breakfast and those with the lowest is Be it enacted by the Senate and House of Rep- within the State, each State educational wide. 20 percent of our states have resentatives of the United States of America in agency shall give preference for assistance fewer than 55 percent of their schools Congress assembled, under this subsection to an eligible school participating in both breakfast and SECTION 1. FINANCIAL INCENTIVE GRANTS FOR that demonstrates the greatest need for as- lunch; that’s a full 20 points below the SCHOOL BREAKFAST PROGRAMS. sistance for a school breakfast program, national average. In my home state of Section 4 of the Child Nutrition Act of 1966 based on the percentage of children not par- ticipating in the school breakfast program, Wisconsin, only 30 percent of the (42 U.S.C. 1773) is amended by adding at the end the following: as determined by the State educational schools that serve lunch also serve ‘‘(f) STARTUP GRANTS FOR SCHOOL BREAK- agency. breakfast. FAST PROGRAMS.— ‘‘(10) MAINTENANCE OF EFFORT.—The ex- By another measure—participation of ‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In penditure of funds from State and local low-income children in both school this subsection, the term ‘eligible school’ sources for the maintenance of the school lunch and breakfast—the results from means a school that agrees to operate the breakfast program shall not be diminished as the Scorecard are equally concerning. school breakfast program established with a result of grants made available under this Nationally, only 42 percent of the kids the assistance provided under this subsection subsection.’’. for a period of not less than 3 years. receiving a free or reduced price lunch ‘‘(2) GRANTS.—The Secretary may make STATE OF WISCONSIN, are also receiving breakfast; some grants to State educational agencies, from DEPARTMENT OF PUBLIC INSTRUCTION, states have fewer than 25 percent of funds made available to the Secretary, for a Madison, WI, November 5, 1999. kids receiving a free or reduced price fiscal year, to assist eligible schools in initi- Hon. HERB KOHL, lunch also receiving school breakfast. ating school breakfast programs. US Senate, Washington, DC. The bill I am introducing today ‘‘(3) PAYMENT RATES.—A State educational DEAR SENATOR KOHL: would help states provide an additional agency shall use grants made available under This letter is in support of your proposed financial incentive for schools to par- this subsection during the first fiscal year an amendment for Startup Grants for School ticipate in the school breakfast pro- eligible school initiates a school breakfast Breakfast Programs. I believe this legisla- program— tion will provide an essential incentive for gram. While there are a number of rea- ‘‘(A) to increase by not more than 5 cents schools to implement a School Breakfast sons that schools do not offer their the annually adjusted payment for each Program (SBP). Understanding that break- children a school breakfast, certainly breakfast served by the eligible school; or fast is an important component for academic the barrier most difficult to overcome ‘‘(B) to assist eligible schools with non-re- achievement as well as the health of our na- is the cost of the meals throughout the curring expenses incurred in initiating tion’s children, I am very concerned with year. In short, the cost of the school school breakfast programs. Wisconsin’s low participation in the SBP. breakfast program may simply be too ‘‘(4) FUNDS SUPPLEMENTARY.—A grant The federal startup grants for SBP will en- high for some schools and school dis- under this subsection shall supplement any hance the many public and private efforts payment to which a State educational agen- within our state to increase the number of tricts. cy is entitled under subsection (b). schools offering breakfast. Our state legisla- My bill authorizes, subject to appro- ‘‘(5) PLAN.—To be eligible to receive a ture has supported my budget initiative for a priations, grants from the U.S. Depart- grant under this subsection, a State edu- ten cents per breakfast reimbursement, ef- ment of Agriculture (USDA) to allow cational agency shall submit to the Sec- fective in fiscal year 2001. Statewide public

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30608 CONGRESSIONAL RECORD—SENATE November 18, 1999 and nonpublic collaborative initiatives to Security and Medicare while making preventable health care costs. And, promote the importance of breakfast include necessary investments in our nation’s yet, taxpayers are forced to cough up the Good Breakfast for Good Learning future, I am introducing legislation de- about $2 billion a year to subsidize the Breakfast Awareness Campaign, now in its third year. Public and private hunger pre- signed to provide some options for re- advertising and marketing of this dead- vention coalitions are actively promoting ducing spending. In an effort to pro- ly product. The tax deductibility of to- school breakfast. Professional organizations, mote greater fiscal responsibility with- bacco promotion would be ended and such the Wisconsin School Food Service As- in the federal government, ‘‘The Fiscal these funds would be saved. sociation and the Wisconsin Dietetic Asso- Responsibility Act’’ would eliminate A loophole that allows estates valued ciation have taken a lead in school breakfast special interest tax loopholes, reduce above $10 million to elude taxation promotion efforts. corporate welfare, eliminate unneces- would be closed. However, the bottom line is that schools cannot absorb financial loss in the Child Nu- sary government programs, reduce The federal government allows min- trition Programs. Fear that the SBP will wasteful spending, enhance govern- ing companies to extract minerals have a negative impact on the school dis- ment efficiency and require greater ac- from federally-owned lands at an ac- trict’s general fund has been detrimental to countability. tual cost of pennies on the dollar. This the promotional efforts identified above. The The reforms contained in this bill special interest giveaway would be startup grants for SBP will help alleviate would result in savings of up to $20 bil- ended, saving taxpayers $750 million those fears and allow the children in this lion this year and up to $140 billion over the next five years. state to have access to a nourishing break- over the next five years. These savings fast at the start of the school day. American citizens temporarily work- I would like to commend your efforts to could be used to pay down the federal ing in foreign countries can earn up to help the children in this state and the nation debt, shore up Social Security and $70,000 without paying any U.S. taxes. reach their full potential through promotion Medicare, provide middle-class tax re- This unfair provision would be elimi- of School Breakfast Program. lief, and/or pay for needed investment nated, bringing in an estimated $15.7 Sincerely, in education, health care and other pri- billion over the next 5 years. JOHN T. BENSON, orities. A foreign tax credit that allows big State Superintendent. While I recognize that everyone oil and gas companies to escape paying won’t agree on each of the provisions of WISCONSIN SCHOOL their fair share for royalties would be this measure, I believe it is important FOOD SERVICE ASSOCIATION, limited. This common sense change November 17, 1999. for us to put forward options to be con- would generate $3.1 billion over 5 years Hon. HERB KOHL, sidered. I hope that we can work to- to reduce the debt our kids and U.S. Senate, Washington DC. gether on a bipartisan basis to produce grandkids will inherit. DEAR SENATOR KOHL: a set of reforms such as these to lay a Increased Accountability. This letter is in support of your proposed path of fiscal responsibility as we move Tobacco companies hook 3,000 chil- amendment for Startup Grants for School into the next century. Breakfast Programs. dren a day on their deadly products. The Wisconsin School Food Service Asso- The following is a summary of the One in three of these kids will be sen- ciation with its 1700 members, along with bill’s major provisions: tenced to an early death. Tobacco com- other allied associations have been working Elimination of Unnecessary Govern- panies should be held accountable. Ac- to increase the number of schools in Wis- ment Programs. cordingly, a goal of reducing teen consin offering breakfast. We understand the A number of outdated or unnecessary smoking by at least 15 percent each connection between good nutrition at break- programs would be eliminated, includ- year would be set. If tobacco companies fast and academic achievement. We see first- ing Radio Marti, TV Marti and certain fail to meet this goal, they would have hand how difficult it is for a hungry child to nuclear energy research initiatives. concentrate on learning. to pay a penalty. Such a system would These changes would save over $150 The federal startup grants for School generate approximately $6 billion this million this year. Breakfast Programs will help our efforts to year and $20 billion over the next 5 Reduction of Wasteful Spending and expand school breakfast participation. A real years. It would also significantly re- concern for many school districts is the cost Government Efficiency Improvements. of implementing and maintaining the pro- $13 billion a year is lost to Medicare duce the number of young children who gram. During the 1997–98 school year Wis- waste and abuse. This would be sub- become addicted to tobacco. consin schools lost an average of $0.23 per stantially reduced through a series of Mr. President, I urge my colleagues breakfast served. Our association believes comprehensive reforms. In addition, to review the provisions in this bill and school food and nutrition programs deserve look forward to moving forward next adequate funding and reasonable regulations taxpayer support for the cost of certain nuclear energy lobbying activities year on a fiscally responsible budget to help maintain financial integrity and nu- plan. tritional quality of meals. As a commitment would be eliminated. A number of common sense steps to the children of Wisconsin we made state By Mr. KOHL (for himself and funding for school Breakfast Programs a would be implemented to improve the Mr. FEINGOLD): high legislative priority this year. Our state efficiency of government activities. legislature recently supported a ten-cent per Spending by government agencies on S. 1960. A bill to provide for the ap- breakfast reimbursement, which will be in travel, printing, supplies and other pointment of 1 additional Federal dis- effect for the fiscal year 2001. Federal Start- items would be frozen at 1998 levels. trict judge for the eastern district of up Grants would help districts implement This change would save $2.8 billion this Wisconsin, and for other purposes; to school Breakfast Programs. the Committee on the Judiciary. The Wisconsin School Food Service Asso- year and about $12 billion over 5 years. ciation feels the children of Wisconsin and Pentagon spending would be tied to THE FEDERAL JUDGESHIP FOR NORTHEASTERN the nation deserve every educational oppor- the rate of inflation. This would force WISCONSIN ACT tunity to reach their full potential. School the Pentagon to reduce duplication and Mr. KOHL. Mr. President, I rise breakfast is one of those opportunities. other inefficiencies identified by gov- today to introduce the Federal Judge- Our association commends you for your ef- ernment auditors and outside experts. ship for Northeastern Wisconsin Act of forts to expand School Breakfast. This change would save taxpayers $9.2 1999. This bill would create one addi- Sincerely, tional judgeship in the eastern district RENEE SLOTTEN-BEAUCHAMP R.D., D.C. billion this year and approximately $69 President. billion over the next 5 years. of Wisconsin and seat it in Green Bay, Enhancing the government’s ability at the center of a region in desperate By Mr. HARKIN: to collect student loan defaults would need of a district court. Let me explain S. 1959. A bill to provide for the fiscal save taxpayers $892 million this year how an additional judgeship could al- responsibility of the Federal Govern- and $1 billion over five years. leviate the stress that the current sys- ment; to the Committee on Finance. Eliminating Special Interest Tax tem places on business, law enforce- THE FISCAL RESPONSIBILITY ACT Loopholes and Give-Aways. ment agents, witnesses, victims and in- Mr. HARKIN. Mr. President, today as Tobacco use causes 400,000 deaths a dividual litigants in northeastern Wis- we are debating how to protect Social year and costs taxpayers billions in consin.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30609 First, while the four full-time dis- northern part of the State lacks a Fed- able to the people of northeastern Wis- trict court judges for the eastern dis- eral court. Mr. President, this hurts consin. For these sensible reasons, I trict of Wisconsin currently preside in businesses not only in Wisconsin, but urge my colleagues to support this leg- Milwaukee, for most litigants and wit- across the Nation. islation, either separately or as part of nesses in northeastern Wisconsin, Mil- Fifth, the creation of an additional an omnibus judgeship bill that I hope waukee is well over 100 miles away. In judgeship in the Eastern District of Congress will consider next session. fact, as the courts are currently ar- Wisconsin is justified based on case- The Judicial Conference has rec- ranged, the northern portion of the load. The Judicial Conference, the ad- ommended the creation of over 60 new eastern district is more remote from a ministrative and statistical arm of the judgeships, yet not one has been cre- Federal court than any other major Federal judiciary, makes biannual rec- ated since 1990. Should such a bill be population center, commercial or in- ommendations to Congress regarding considered, I will be right there to en- dustrial, in the United States. Thus, the necessity of additional judgeships sure that Northeastern Wisconsin is in- litigants and witnesses must incur sub- using a system of weighted filings— cluded. stantial costs in traveling from north- that is, the total number of cases modi- Mr. President, I ask unanimous con- ern Wisconsin to Milwaukee—costs in fied by the average level of case com- sent that the text of the bill and addi- terms of time, money, resources, and plexity. In the Judicial Conference’s tional material be printed in the effort. Indeed, driving from Green Bay most recent recommendations, new po- RECORD. to Milwaukee takes nearly two hours sitions were justified where a district’s There being no objection, the mate- each way. Add inclement weather or a workload exceeded 435 weighted filings rial was ordered to be printed in the departure point north of Green Bay— per judge. Such high caseloads are RECORD, as follows: such as Oconto or Marinette—and often common in the eastern district of Wis- S. 1960 the driving time alone actually exceeds consin, peaking in 1996 with an over- Be it enacted by the Senate and House of Rep- the amount of time witnesses spend whelming 453 weighted filings. On this resentatives of the United States of America in testifying. basis, an additional judgeship for the Congress assembled, Second, Mr. President, the few Wis- eastern district of Wisconsin is war- SECTION 1. SHORT TITLE. consin Federal judges serve a dis- ranted. This Act may be cited as the ‘‘Federal proportionately large population. Last Mr. President, our legislation is sim- Judgeship for Northeastern Wisconsin Act of year, I commissioned a study by the ple, effective and straightforward. It 1999’’. SEC. 2. ADDITIONAL FEDERAL DISTRICT JUDGE General Accounting Office which re- creates an additional judgeship for the FOR THE EASTERN DISTRICT OF vealed that Wisconsin Federal judges eastern district, requires that one WISCONSIN. have to serve the highest population judge hold court in Green Bay, and (a) IN GENERAL.—The President shall ap- among all federal judges. Each sitting gives the chief judge of the eastern dis- point, by and with the advice and consent of Federal judge in Wisconsin serves an trict flexibility to designate which the Senate, 1 additional district judge for the average population of 859,966, while the judge holds court there. And this legis- eastern district of Wisconsin. remaining federal judges across the lation would increase the number of (b) TABLES.—In order that the table con- tained in section 133(a) of title 28, United country—more than 650—serve less Federal district judges in Wisconsin for States Code, reflects the change in the total than half that number, with an average the first time since 1978. During that number of permanent district judgeships au- of 417,000 per judge. For example, while period, nearly 150 new Federal district thorized under subsection (a), such table is Louisiana has fewer residents than judgeships have been created nation- amended by amending the item relating to Wisconsin, it has 22 Federal judges, wide, but not a single one in Wisconsin. Wisconsin to read as follows: nearly four times as many as our state. And don’t take my word for it, Mr. ‘‘Wisconsin: Third, Mr. President, Federal crimes President, ask the people who would be ‘‘Eastern ...... 5 remain unacceptably high in north- most affected: since 1994, each and ‘‘Western ...... 2’’. eastern Wisconsin. These crimes range every sheriff and district attorney in (c) HOLDING OF COURT.—The chief judge of from bank robbery and kidnaping to northeastern Wisconsin has urged me the eastern district of Wisconsin shall des- Medicare and Medicaid fraud. However, to create a Federal district court in ignate 1 judge who shall hold court for such district in Green Bay, Wisconsin. without the appropriate judicial re- Green Bay. I ask unanimous consent SEC. 3. AUTHORIZATION OF APPROPRIATIONS. sources, a crackdown on Federal that a letter from these law enforce- There are authorized to be appropriated crimes in the upper part of the state ment officials be included in the such sums as may be necessary to carry out will be made enormously more dif- RECORD at the conclusion of my re- this Act, including such sums as may be nec- ficult. Additionally, under current law, marks. I also ask unanimous consent essary to provide appropriate space and fa- the Federal Government is required to that a letter from the U.S. Attorney cilities for the judicial position created by prosecute all felonies committed by In- for the eastern district of Wisconsin, this Act. dians that occur on the Menominee Tom Schneider, also be included. This Reservation. The reservation’s distance letter expressed the support of the en- AUGUST 8, 1994. U.S Senator HERB KOHL, from the Federal prosecutors and tire Federal law enforcement commu- Hart Senate Office Building, Washington, DC. courts—more than 150 miles—makes nity in Wisconsin—including the FBI, DEAR SENATOR KOHL: We are writing to these prosecutions problematic. And the DEA and the BATF—for the legis- urge your support for the creation of a Fed- because the Justice Department com- lation we are introducing. They needed eral District Court in Green Bay. The East- pensates attorneys, investigators and this additional judicial resource in ern District of Wisconsin includes the 28 sometimes witnesses for travel ex- 1994, and certainly, Mr. President, that eastern-most counties from Forest and Flor- penses, the existing system costs all of need has only increased over the last ence Counties in the north to Kenosha and Walworth Counties in the south. us. Without an additional judge in five years. Green Bay is central to the northern part Green Bay, the administration of jus- Perhaps most important, the people of the district which includes approximately tice, as well as the public’s pocket- of Green Bay also agree on the need for one third of the district’s population. Cur- book, will suffer enormously. an additional Federal judge, as the en- rently, all Federal District Judges hold court Fourth, many manufacturing and re- dorsement of our proposal by the Green in Milwaukee. tail companies are located in north- Bay Chamber of Commerce dem- A federal court in Green Bay would make eastern Wisconsin. These companies onstrates. federal proceedings much more accessible to often require a Federal court to liti- In conclusion, Mr. President, having the people of northern Wisconsin and would gate complex price-fixing, contract, a Federal judge in Green Bay will re- alleviate many problems for citizens and law enforcement. Travel time of 3 or 4 hours each and liability disputes with out-of-State duce costs and inconvenience while in- way makes it difficult and expensive for wit- businesses. But the sad truth is that creasing judicial efficiency. But most nesses and officers to go to court in Mil- many of these legitimate cases are important, it will help ensure that jus- waukee. Citizen witnesses are often reluc- never even filed—precisely because the tice is more available and more afford- tant to travel back and forth to Milwaukee.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30610 CONGRESSIONAL RECORD—SENATE November 18, 1999 It often takes a whole day to travel to come Richard Brey, Chief of Police, Manitowoc. filings in the district were in these three lo- to court and testify for a few minutes. Any Patrick Campbell, Chief of Police, cations. lengthy testimony requires an inconvenient Kaukauna. In addition, we continue to prosecute most and costly overnight stay in Milwaukee. James Danforth, Chief of Police, Oneida felonies committed on the Menominee Res- Sending officers is costly and takes substan- Public Safety. ervation. Yet, the Reservation’s distance tial amounts of travel time, thereby reduc- Donald Forcey, Chief of Police, Neenah. from the federal courts in Milwaukee poses ing the number of officers available on the David Gorski, Chief of Police, Appleton. serious problems. A federal court in Green street. Many cases are simply never referred Robert Langan, Chief of Police, Green Bay. Bay is critically important if the federal to federal court because of this cost and in- Michael Lien, Chief of Police, Two Rivers. government is to live up to its moral and convenience. Mike Nordin, Chief of Police, Sturgeon legal obligation to enforce the law on the In some cases there is no alternative. For Bay. Reservation. example, the Federal government has the ob- Patrick Ravet, Chief of Police, Marinette. In summary, I appreciate and understand ligation to prosecute all felony offenses com- Robert Stanke, Chief of Police, Menasha. your concerns and I join you in urging the mitted by Indians on the Menominee Res- Don Thaves, Chief of Police, Shawano. creation of a Federal District Court in Green ervation. Yet the Reservation’s distance James Thorne, Chief of Police, Oshkosh. Bay. from the Federal Courts and prosecutors in THOMAS P. SCHNEIDER, Milwaukee poses serious problems. Imagine U.S. DEPARTMENT OF JUSTICE, United States Attorney. the District Attorney of Milwaukee being lo- Milwaukee, WI, August 9, 1994. Eastern District of Wisconsin. cated in Keshena or Green Bay or Marinette To: The District Attorney’s, Sheriffs and Po- and trying to coordinate witness interviews, lice Chiefs Urging the Creation of a Fed- By Mr. JOHNSON (for himself, case preparation, and testimony. eral District Court in Green Bay. Mr. KERREY, and Mr. As local law enforcement officials, we try From: Thomas P. Schneider, United States WELLSTONE): to work closely with other local, state and Attorney, Eastern District of Wisconsin. S. 1961. A bill to amend the Food Se- federal agencies, and we believe establishing Thank you for your letter of August 8, 1994, curity Act of 1985 to expand the num- a Federal District Court in Green Bay will urging the creation of a Federal District ber of acres authorized for inclusion in measurably enhance these efforts. Most im- Court in Green Bay. You point out a number portant, a Federal Court in Green Bay will of facts in your letter: the conservation reserve; to the Com- make these courts substantially more acces- (1) Although 1/3 of the population of the mittee on Agriculture, Nutrition, and sible to the citizens who live here. Eastern District of Wisconsin is in the north- Forestry. We urge you to introduce and support leg- ern part of the district, all of the Federal THE CONSERVATION RESERVE PROGRAM islation to create and fund an additional District Courts are located in Milwaukee. ACREAGE EXPANSION ACT Federal District Court in Green Bay. (2) A federal court in Green Bay would be ∑ Mr. JOHNSON. Mr. President, I rise Gary Robert Bruno, Shawano and Menom- more accessible to the people of northern today to introduce legislation which inee County District Attorney. Wisconsin. It would substantially reduce wit- Jay Conley, Oconto County District Attor- ness travel time and expenses, and it would would increase the acreage cap cur- ney. make federal court more accessible and less rently in place for the Conservation John DesJardins, Outagamie County Dis- costly for local law enforcement agencies. Reserve Program (CRP) under the trict Attorney. (3) The federal government has exclusive United States Department of Agri- Douglas Drexler, Florence County District jurisdiction over most felonies committed on culture (USDA). Attorney. the Menominee Reservation, located ap- CRP continues to be a popular alter- Guy Dutcher, Waushara County District proximately 3 hours from Milwaukee. The native for landowners who wish to take Attorney. distance to Milwaukee is a particular prob- a portion of their land out of produc- E. James FitzGerald, Manitowoc County lem for victims, witnesses, and officers from District Attorney. the Reservation. tion for conservation purposes. While Kenneth Kratz, Calumet County District I have discussed this proposal with the the program serves a multitude of ben- Attorney. chiefs of the federal law enforcement agen- eficial purposes, there are items of the Jackson Main, Jr., Kewaunee County Dis- cies in the Eastern District of Wisconsin, in- program that we must continue to trict Attorney. cluding the Federal Bureau of Investigation, work on in Congress. As a start, I am David Miron, Marinette County District Federal Drug Enforcement Administration, introducing companion legislation to Attorney. Bureau of Alcohol, Tobacco and Firearms, Congressman COLLIN PETERSON’s (D– Joseph Paulas, Winnebago County District Secret Service, U.S. Marshal, U.S. Customs MN) bill in the House to increase the Attorney. Service, and Internal Revenue Service- Gary Schuster, Door County District At- Criminal Investigation Division. All express acreage allotted in CRP up to 45 mil- torney. support for such a court and give additional lion acres. John Snider, Waupaca County District At- reasons why it is needed. CRP has undergone significant torney. Over the past several years, the FBI, DEA, changes as a result of the 1996 Farm Ralph Uttke, Langlade County District At- and IRS have initiated a substantial number Bill. Wildlife benefits provided by cer- torney. of investigations in the northern half of the tain grass species and conservation Demetrio Verich, Forest County District district. In preparation for indictments and practices are now heavily emphasized Attorney. trials, and when needed to testify before the in the Environmental Benefits Index John Zakowski, Brown County District At- Grand Jury or in court, officers regularly (EBI) which sets forth eligibility into torney. travel to Milwaukee. Each trip requires 4 to William Aschenbrener, Shawano County 6 hours of round trip travel per day, plus the the program. While many of these Sheriff. actual time in court. In other words, the changes have been welcomed because of Charles Brann, Door County Sheriff. agencies’ already scarce resources are se- the favorable effect they have on con- Todd Chaney, Kewaunee County Sheriff. verely taxed. Several federal agencies report servation and the environment, I have Michael Donart, Brown County Sheriff. that many cases which are appropriate for some concerns with certain require- Patrick Fox, Waushare County Sheriff. prosecution are simply not charged federally ments farmers face in relation to the Bradley Gehring, Outagamie County Sher- because local law enforcement agencies do EBI requirements. iff. not have the resources to bring these cases First, producers with existing CRP Daniel Gillis, Calumet County Sheriff. and officers back and forth to Milwaukee. James Kanikula, Marinette County Sher- Nevertheless, there have been a substantial contracts that have tracts of land ac- iff. number of successful federal investigations cepted for re-enrollment into CRP have Norman Knoll, Forest County Sheriff. and prosecutions from the Fox Valley area indicated that in certain cases, they Thomas Kocourek, Manitowoc County and other parts of the Northern District of were required to plow under at least Sheriff. Wisconsin including major drug organiza- half of the existing grass stand on Robert Kraus, Winnebago County Sheriff. tions, bank frauds, tax cases, and weapons those tracts in order to plant new grass William Mork, Waupaca County Sheriff. cases. seeds to meet the EBI criteria. Those Jeffrey Rickaby, Florence County Sheriff. It is interesting to note that the U.S. participants are concerned this may David Steger, Langlade County Sheriff. Bankruptcy Court in the Eastern District of Kenneth Woodworth, Oconto County Sher- Wisconsin holds hearings in Green Bay, lead to soil erosion instead of soil con- iff. Manitowoc, and Oshkosh, all in the northern servation on tracts that are already Richard Awonhopay, Chief, Menominee half of the district. For the past four years highly erodible because plowing up half Tribal Police. approximately 29 percent of all bankruptcy of grass stand exposes that land to the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30611 unpredictable forces of weather. More- THE SOCIAL SECURITY AND MEDICARE SAFE SEC. 4. PROTECTION OF SOCIAL SECURITY AND over, it often requires more than one DEPOSIT BOX ACT MEDICARE SURPLUSES. growing season for new grass species to Mr. ASHCROFT. Mr. President, I ask (a) IN GENERAL.—Chapter 11 of subtitle II unanimous consent that the text of the of title 31, United States Code, is amended by take root and establish adequate cover adding before section 1101 the following: in order to protect habitat. That said, bill be printed in the RECORD. There being no objection, the bill was ‘‘§ 1100. Protection of social security and both producers and conservationists medicare surpluses have expressed concern to me that this ordered to be printed in the RECORD, as follows: ‘‘The budget of the United States Govern- requirement may place habitat protec- ment submitted by the President under this S. 1962 tion in a precarious position in some chapter shall not recommend an on-budget instances. Finally, the costs of seed va- Be it enacted by the Senate and House of Rep- deficit for any fiscal year covered by that resentatives of the United States of America in budget.’’. rieties called for in the EBI, especially Congress assembled, for native grass species, have sky- (b) CHAPTER ANALYSIS.—The chapter anal- SECTION 1. SHORT TITLE. ysis for chapter 11 of title 31, United States rocketed to a point here it is often- This Act may be cited as the ‘‘Social Secu- times cost-prohibitive for producers to Code, is amended by inserting before the rity and Medicare Safe Deposit Box Act of item for section 1101 the following: meet the requirements of establishing 1999’’. ‘‘1100. Protection of Social Security and SEC. 2. PROTECTION OF SOCIAL SECURITY AND a new grass stand. These and other Medicare Surpluses.’’. matters I plan to address with the MEDICARE SURPLUSES. (a) MEDICARE SURPLUSES OFF-BUDGET.— SEC. 5. EFFECTIVE DATE. input of all interested parties as we Notwithstanding any other provision of law, This Act shall take effect upon the date of proceed with the legislation. the net surplus of any trust fund for part A its enactment and the amendments made by However, on the whole CRP remains of Medicare shall not be counted as a net this Act shall apply to fiscal year 2001 and a very popular program in my home surplus for purposes of— subsequent fiscal years. state of South Dakota and across the (1) the budget of the United States Govern- country. During the twelve signups ment as submitted by the President; By Mr. MCCAIN: (2) the congressional budget; or S. 1963. A bill to authorize a study of held between 1986 and 1992, 36.4 million (3) the Balanced Budget and Emergency acres were enrolled in CRP. USDA esti- alternatives to the current manage- Deficit Control Act of 1985. ment of certain Federal lands in Ari- mates that the average erosion rate on (b) POINTS OF ORDER TO PROTECT SOCIAL zona; to the Committee on Energy and enrolled acres was reduced from 21 to SECURITY AND MEDICARE SURPLUSES.—Sec- less than 2 tons per acre per year. Re- tion 312 of the Congressional Budget Act of Natural Resources. tiring these lands also expanded wild- 1974 is amended by adding at the end the fol- ALTERNATIAVE LAND MANAGEMENT STUDY FOR lowing new subsection: life habitat, enhanced water quality, THE BARRY GOLDWATER MILITARY TRAINING ‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL RANGE and restored soil. The annual value of SECURITY AND MEDICARE SURPLUSES.— ∑ Mr. MCCAIN. Mr. President, I rise these benefits has been estimated from ‘‘(1) CONCURRENT RESOLUTIONS ON THE BUDG- today to introduce legislation that will less than $1 billion to more than $1.5 ET.—It shall not be in order in the House of require a comprehensive study of alter- billion; some estimates of these bene- Representatives or the Senate to consider native land management options for fits approach or exceed annual costs, any concurrent resolution on the budget, or conference report thereon or amendment areas comprising the Barry Goldwater especially in areas of heavy participa- thereto, that would set forth an on-budget military training range and Organ Pipe tion. While major changes cannot deficit for any fiscal year. National Monument in Arizona. occur to CRP until we undertake a re- ‘‘(2) SUBSEQUENT LEGISLATION.—It shall not Earlier this year, the Congress final- newed effort to change the Farm Bill, I be in order in the House of Representatives ized the Department of Defense Au- am hopeful that Congress reconsider or the Senate to consider any bill, joint reso- thorization Act for fiscal year 2000 the current Farm Bill in 2000. lution, amendment, motion, or conference report if— which included language to renew a In addition to supporting CRP, I have ‘‘(A) the enactment of that bill or resolu- land-withdrawal for the Barry Gold- co-sponsored S. 1426, the Conservation tion as reported; water training range for an additional Security Act of 1999. This bill creates a ‘‘(B) the adoption and enactment of that twenty-five years to the year 2024. The voluntary incentive program to en- amendment; or final proposal transferred land manage- courage conservation activities by ‘‘(C) the enactment of that bill or resolu- ment of the natural and cultural re- landowners. This bill includes a variety tion in the form recommended in that con- ference report, sources within the range to the Air of solid conservation practices that Force and the Navy, a decision that landowners may choose from in order would cause or increase an on-budget deficit for any fiscal year. was fully supported by both the Inte- to qualify for certain incentives. Some rior Department and the President’s of the conservation practices include ‘‘(3) DEFINITION.—For purposes of this sec- tion, the term ‘on-budget deficit’, when ap- Council on Environmental Quality. conservation tillage, runoff control, plied to a fiscal year, means the deficit in In practical effect, the Air Force and buffer strips, wetland restoration, and the budget as set forth in the most recently Marine Corps have been performing the wildlife management. agreed to concurrent resolution on the budg- management functions at the Gold- I believe the Conservation Security et pursuant to section 301(a)(3) for that fiscal water range for many years, and doing Act is a strong piece of legislation that year.’’. (c) CONTENT OF CONCURRENT RESOLUTION ON a very good job of it, according to most would benefit agriculture producers, THE BUDGET.—Section 301(a) of the Congres- observers. In fact, the Department of wildlife, and the environment. I will sional Budget Act of 1974 is amended— Defense already dedicates significant continue to support and work with (1) by redesignating paragraphs (6) and (7) resources to land and natural resource Senator HARKIN in seeing this legisla- as paragraphs (7) and (8), respectively; and management of the Range. The deci- tion move forward.∑ (2) by inserting after paragraph (5) the fol- sion to formally transfer management lowing new paragraph: recognizes the superior fiscal and man- By Mr. ASHCROFT: ‘‘(6) the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors power resources available to the mili- S. 1962. A bill to amend the Congres- Insurance Trust Fund and the Federal Dis- tary Services, who also have the most sional Budget Act of 1974 to protect So- ability Insurance Trust Fund, combined, es- compelling interest in maintaining fu- cial Security and Medicare surpluses tablished by title II of the Social Security ture training access to the range, through strengthened budgetary en- Act;’’. which can only be accomplished by ef- forcement mechanisms; to the Com- (d) SUPER MAJORITY REQUIREMENT.— fectively addressing environmental mittee on the Budget and the Com- (1) POINT OF ORDER.—Section 904(c)(1) of concerns regarding its use. mittee on Governmental Affairs, joint- the Congressional Budget Act of 1974 is During consideration of the legisla- amended by inserting ‘‘312(g),’’ after ly, pursuant to the order of August 4, ‘‘310(d)(2),’’. tive environmental impact statements 1977, with instructions that if one Com- (2) WAIVER.—Section 904(d)(2) of the Con- and subsequent renewal proposals, no mittee reports, the other Committee gressional Budget Act of 1974 is amended by one disagreed that essential military have 30 days to report or be discharged. inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’. training should continue on the range.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30612 CONGRESSIONAL RECORD—SENATE November 18, 1999 However, several environmental groups ignate the United States Post Office lo- the Jicarilla Apache Reservation in the registered concerns about the Adminis- cated at 14071 Peyton Drive in Chino State of New Mexico, and for other pur- tration’s proposal for DOD manage- Hills, California, as the ‘‘Joseph Ileto poses; to the Committee on Energy and ment of the Range and expressed their Post Office.’’ This post office would be Natural Resources. fears that the military Services would designated in memory and in celebra- LEGISLATION AUTHORIZING THE BUREAU OF REC- be inappropriate and ineffective nat- tion of the life of Joseph Santos Ileto, LAMATION TO CONDUCT A FEASIBILITY STUDY ural resources managers. I took per- the Filipino American postal worker REGARDING WATER SUPPLY TO THE JICARILLA sonal interest in these expressed con- who was brutally gunned down during APACHE INDIAN RESERVATION IN NEW MEXICO cerns and advocated for the strongest his postal route in August by Buford Mr. DOMENICI. Mr. President, I am possible language in the final with- Furrow, Jr., a white supremacist. Only pleased to be joined by Senator BINGA- drawal bill to redress any potential hours earlier, this same assailant MAN in introducing legislation author- problems should the land management opened fire on the North Valley Jewish izing the Bureau of Reclamation to of these areas ever be jeopardized under Community Center, wounding three conduct a feasibility study regarding primary military authority. young children, one teenager, and one water supply on the Jicarilla Apache However, in response to continuing elderly woman. Indian Reservation in New Mexico. apprehension about proper land man- Joseph Ileto touched many lives. He There are major deficiencies with re- agement in the newly passed with- was a kind-hearted, intelligent man gard to safe water supplies for resi- drawal package, I worked with the con- who gave so much to those he loved dents of the Jicarilla Apache Reserva- cerned individuals to develop language and even to those he did not know. He tion, since the federally owned munic- directing the Department of the Inte- was known for his unselfishness and his ipal water system is severely dilapi- rior to study and make recommenda- willingness to give a helping hand to dated. tions for alternative land management anyone in need. In fact, the day Joseph The United States has a trust respon- scenarios for the range. Such a com- Ileto was killed, he was filling in for sibility to ensure that adequate and prehensive study would provide infor- another mail carrier, as he had done so safe water supplies are available to mation to guide the Administration many times before. His life and death meet the economic, environmental, and the Congress in taking appropriate exemplify the ultimate sacrifice of water supply, and public health needs future action to ensure that the cul- public service, which we too often take of the Jicarilla Apache Indian Reserva- tural and natural resources on the for granted. As a U.S. Postal Service tion . Today, the House of Representa- range will continue to be preserved and employee, he served our nation with tives passed identical legislation to protected in future years. honor and dignity and died doing his help resolve this problem. Although I was unable to convince job. The Jicarilla Apache Tribe is a feder- my colleagues that studying various My heart goes out to the Ileto fam- ally recognized Indian nation in north- land management options should be ily, who is grieving over the death of ern New Mexico, with over 3,000 citi- added to the Defense authorization their son, brother, and friend. Despite zens. In the 1920s, the Bureau of Indian package, I am continuing to explore the sadness of their loss, they can be Affairs (BIA) constructed a water deliv- appropriate land management options proud that the life and spirit of Joseph ery system to serve federal facilities on for the long-term. I do so because it is Ileto lives on. His death only confirms the Reservation. In the 1960s, the sys- important that we assure that the best the urgency in which we as a commu- tem was extended to serve tribal facili- possible protection will be provided to nity must take a strong stand against ties and members, but for the last 20 the unique natural and cultural re- hate crimes and racism. The number of years this federal owned and operated sources of these areas, consistent with hate crimes in the U.S. has increased water system has been deteriorating the primary purpose of the range. during the last five years, and the time due to inadequate federal funding for While the Barry Goldwater Range is now to have dialogue and pass mean- regular maintenance and improve- will continue to serve its vital purpose, ingful legislation to address this issue. ments. we have an obligation to ensure proper As a first step, it is my hope that we No capital improvements have been stewardship of our natural resources. can expedite passage this bill, to re- made to the system for at least ten This study will provide us with the member and honor the life of Joseph years. Currently, the system is not in critical information necessary to fulfill Ileto. compliance with Federal safe drinking that obligation. Once an alternative Mr. President, I ask unanimous con- water standards or pollutant discharge management study is completed, I will sent that the text of the bill be printed standards. ensure that any recommendations for in the RECORD. In October of 1988, the inlet system improved management of the Gold- There being no objection, the bill was collapsed and caused a devastating water Range are considered and acted ordered to be printed in the RECORD, as five-day water outage on the Reserva- on, as necessary, by the Congress. follows: I strongly urge my colleagues to tion. That catastrophe required emer- S. 1964 gency assistance from the National work with me to pass this legislation Be it enacted by the Senate and House of Rep- to ensure that the Goldwater Range is Guard. A home burned to the ground resentatives of the United States of America in without necessary water to fight the managed by the agency most qualified Congress assembled, fire. After that experience, the Tribe to protect the public’s interest and pre- SECTION 1. DESIGNATION OF JOSEPH ILETO serve the precious land and natural re- POST OFFICE. expended its own funds to make some sources of these pristine areas for fu- The United States Post Office located at repairs, and began a large-scale evalua- ture generations.∑ 14071 Peyton Drive in Chino Hills, California, tion of the system. The Tribe has dis- shall be known and designated as the ‘‘Jo- covered serious problems with the sys- By Mrs. FEINSTEIN (for herself seph Ileto Post Office’’. tem. and Mrs. BOXER): SEC. 2. REFERENCES. Line breaks are common and fre- S. 1964. A bill to designate the United Any reference in a law, map, regulation, quent, and existing supply facilities are States Post Office located at 14071 Pey- document, paper, or other record of the near or at maximum capacity. The United States to the post office referred to in ton Drive in Chino Hills, California, as section 1 shall be deemed to be a reference to Jicarilla Apaches have had to ration the Joseph Ileto Post Office; to the the Joseph Ileto Post Office. water for the last seven summers. Committee on Governmental Affairs. According to a recent EPA report, DESIGNATION OF THE JOSEPH ILETO POST By Mr. DOMENICI (for himself the water system on the Jicarilla Res- OFFICE and Mr. BINGAMAN): ervation is the third worst system op- Mrs. FEINSTEIN. Mr. President, S. 1965. A bill to direct the Secretary erating in a six-state region. In addi- today I am pleased to be joined by Sen- of the Interior, the Bureau of Reclama- tion to being out of compliance with ator BOXER in introducing a bill to des- tion, to conduct a feasibility study on federal drinking water standards, the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30613 sewage plant has been operating with- There being no objection, the mate- Article XI, Section 1 of the Revised Constitu- out a federal discharge permit, expos- rial was ordered to be printed in the tion of the Jicarilla Apache Tribe; and ing the BIA to fines up to $25,000 per RECORD, as follows: Whereas, the Jicarilla Apache Tribal Coun- cil is authorized by Article XI, Section I(d) day. S. 1965 Sewage lagoons are operating at 200% of the Revised Constitution of the Jicarilla Be it enacted by the Senate and House of Rep- Apache Tribe to enact ordinances to promote capacity, and wastewater spillage resentatives of the United States of America in the peace, safety, property, health and gen- threatens not only the Jicarilla Congress assembled, eral welfare of the people of the Reservation Apaches, but down-stream commu- SECTION 1. FINDINGS. and is authorized by Article X of the Revised nities in New Mexico and beyond. The Congress finds that— Constitution to enact ordinances and resolu- Jicarilla Apache Tribal Council has en- (1) there are major deficiencies with regard tions on matters of permanent interest to acted a resolution declaring a state of to adequate and sufficient water supplies the members of the tribe and on matters re- emergency due to the continued oper- available to resident of the Jicarilla Apache lating to particular individuals, officials or ation of these unsafe water systems. Reservation in the State of New Mexico. circumstances; and (2) the existing municipal water system Whereas, the Jicarilla Apache Tribal Coun- The Tribe has been forced to expend that serves the Jicarilla Apache Reservation their own funds due to the serious cil has the power to authorize tribal officials is under the ownership and control of the Bu- to act on its behalf for regulatory and other health threats posed by the unsafe sys- reau of Indian Affairs and is outdated, dilapi- purposes; and tem. In addition to the severe health dated, and cannot adequately and safely Whereas, the lack of adequate and safe threats that these systems pose, their serve the existing and future growth needs of drinking water facilities on the Jicarilla inadequate and unsafe condition has the Jicarilla Apache Tribe; Apache Reservation leads to serious health virtually suspended social and eco- (3) the federally owned municipal water problems among tribal members and other nomic development on the Reservation. system on the Jicarilla Apache Reservation residents of the Reservation, such as early The water deficiencies have forced has been unable to meet the minimum Fed- loss of life and morbidity and diseases; and eral water requirements necessary for dis- Whereas, the current water treatment the Tribe to place a moratorium on charging wastewater into a public water- new projects, including housing, plant, water delivery infrastructure and sew- course and has been operating without a age systems that serve the Jicarilla Apache school, senior center, post office, and Federal discharge permit; Reservation are owned and operated by the health care facility construction. (4) the federally owned municipal water United States, through the Jicarilla Agency These projects cannot be completed, system that serves the Jicarilla Apache Res- Bureau of Indian Affairs (‘‘BIA’’); and even though many are already funded, ervation has been cited by the United States Whereas, the Federal Government has a because the existing infrastructure Environmental Protection Agency for viola- trust responsibility to provide safe drinking cannot support any further develop- tions of Federal safe drinking standards and water to the Jicarilla Apache people and the ment. While the federal government is poses a threat to public health and safety United States has failed to carry out this re- both on and off the Jicarilla Apache Reserva- sponsibility by not providing the BIA ade- entirely responsible to maintain and tion; operate the federal water systems quate resources to properly maintain and op- (5) the lack of reliable supplies of potable erate the water systems; which serve the Reservation, the BIA water impedes economic development and Whereas, in October 1998, due to the lack of lacks the resources improve the sys- has detrimental effects on the quality of life adequate Federal resources to properly tem. and economic self-sufficiency of the Jicarilla maintain and operate the water systems, the The water system on the Jicarilla Apache Tribe; inlet system, which diverts water from the Apache Reservation is one of only two (6) due to the severe health threats and im- Navajo River, collapsed causing a cata- or three such systems still being main- pediments to economic development, the strophic five-day water outage on the tained by the BIA. The BIA does not Jicarilla Apache Tribe has authorized and Jicarilla Apache Reservation, which neces- expended $4,500,000 of tribal funds for the re- even own equipment necessary for rou- sitated emergency relief by the National pair and replacement of the municipal water Guard; and tine sewer cleaning. While the BIA has system on the Jicarilla Apache Reservation; continued federal responsibility for Whereas, the Jicarilla Apache Tribe and worked around the clock to restore water these systems, BIA no longer budgets (7) the United States has a trust responsi- and expended tribal funds to do so, and as a for water delivery systems. bility to ensure that adequate and safe water result of the water outage, the Jicarilla In fact, Kevin Gover of the BIA re- supplies are available to meet the economic, Apache Tribe began investigating and evalu- ferred the Tribe to the Bureau of Rec- environmental, water supply, and public ating the operation of the water systems and lamation for assistance. The Bureau of health needs of the Jicarilla Apache Indian discovered numerous additional problems; Reclamation has the needed expertise Reservation. and to help, having experience in providing SEC. 2. AUTHORIZATION. Whereas, the water treatment plant, which (a) AUTHORIZATION.—Pursuant to reclama- water to Native Americans through ir- treats water diverted from the Navajo River tion laws, the Secretary of the Interior, prior to being released for public consump- rigation projects, as well as providing through the Bureau of Reclamation and in water supplies to other rural commu- tion in Dulce, New Mexico, has been the sub- consultation and cooperation with the ject of various notices of environmental non- nities. Jicarilla Apache Tribe, shall conduct a feasi- compliance by the United States Environ- The Tribe wants to eventually own bility study to determine the most feasible mental Protection Agency (‘‘EPA’’); and operate the water system, and method of developing a safe and adequate Whereas, the sewage facilities that serve wishes to enter into a relationship with municipal, rural, and industrial water supply the Jicarilla Apache Reservation are not in the Bureau of Reclamation for comple- for the residents of the Jicarilla Apache In- compliance with Federal law and are oper- tion of rehabilitation of this project. dian Reservation in the State of New Mexico. ating without a federal discharge permit, (b) REPORT.—Not later than 1 year after This legislation will allow the Bureau which exposes the BIA to fines up to $25,000 funds are appropriated to carry out this Act, a day, and to meet the national require- of Reclamation to conduct a feasibility the Secretary of the Interior shall transmit study to determine the best method for ments, a new waste water plant must be con- to Congress a report containing the results structed; and developing a safe and adequate munic- of the feasibility study required by sub- Whereas, although the Federal Govern- ipal, rural, and industrial water supply section (a). ment is responsible for maintaining and op- for the residents of the Jicarilla SEC. 3. AUTHORIZATION OF APPROPRIATIONS. erating its own water systems that serve the Apache Indian Reservation in the State There are authorized to be appropriated Reservation, the Tribe has been forced to of New Mexico. $200,000 to carry out this Act. take action out of its own funds due to the We want to help the Jicarilla serious health threats the these deficient Apaches end their water crisis, and se- THE JICARILLA APACHE TRIBE—RESOLUTION and unsafe systems have on the people with- cure congressional authorization for NO. 99–R–314–06 in and near the Reservation; and the necessary studies the Bureau of Whereas, the Jicarilla Apache Tribe is a Whereas, based on the analysis and rec- Reclamation has the expertise to con- federally recognized Indian tribe organized ommendation of the Tribe’s engineers and under Section 17 of the Indian Reorganiza- consultants, the Tribal Council has author- duct. I ask unanimous consent that our tion Act of 1934, 25 U.S.C. § 476 (1988); and ized the construction of a new inlet system, proposed legislation and the Jicarilla Whereas, the inherent powers of the waste water treatment plant, and sewage fa- Apache Counsel Resolution be printed Jicarilla Apache Tribe are vested in the cilities and the upgrade and rehabilitation of in the RECORD. Jicarilla Apache Tribal Council pursuant to the water delivery infrastructure; and

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30614 CONGRESSIONAL RECORD—SENATE November 18, 1999 Whereas, Congress amended the Safe House and lobbying for congressional appro- ability for, outfitted activities by Drinking Water Act, in 1996 and found, priations. which the public gains access to and among other things, that: And Be It Further Resolved, by the Tribal occupancy and use of Federal land, and (1) safe drinking water is essential to the Council of the Jicarilla Apache Tribe that for other purposes; to the Committee protection of public health; the Jicarilla Apache Tribe calls upon the (2) because the requirements of the Safe United States Congress and the United on Energy and Natural Resources. Drinking Water Act (42 U.S.C. 300f et seq.) States Department of Interior’s Bureau of THE OUTFITTER POLICY ACT OF 1999 now exceed the financial and technical ca- Indian Affairs and Bureau of Reclamation, Mr. CRAIG. Mr. President, I am pacity of some public water systems, espe- the Department of Health and Human Serv- pleased to introduce today in conjunc- cially many small public water systems, the ices and the United States Environmental tion with my colleagues Senator MUR- Federal Government needs to provide assist- Protection Agency, to exercise their Federal KOWSKI and Senator THOMAS the Out- ance to communities to help the commu- Trust Responsibility and work with the fitter Policy Act of 1999. nities meet Federal drinking water require- Jicarilla Apache Tribe on a government-to- This legislation is very similar to ments; government basis to address this emergency. legislation I introduced in the past (3) more effective protection of public health requires prevention of drinking water By Mr. COCHRAN (for himself congress. As that legislation did, this contamination through well-trained system and Mr. LOTT): bill would put into law many of the operators, water systems with adequate S. 1967. A bill to make technical cor- management practices by which fed- managerial, technical and financial capacity rections to the status of certain land eral land management agencies have and enhanced protection of source waters of held in trust for the Mississippi Band successfully managed the outfitter and public water systems; of Choctaw Indians, to take certain guide industry on National Forests, (4) compliance with the requirements of land into trust for that Band, and for National Parks and other federal lands the Safe Drinking Water Act continues to be over many decades. a concern at public water systems experi- other purposes; to the Committee on Indian Affairs. The bill recognizes that many Ameri- encing technical and financial limitations cans want and seek out the skills and and Federal, State and local governments MISSISSIPPI BAND OF CHOCTAW INDIANS experience of commercial outfitters need more resources and more effective au- ∑ Mr. COCHRAN. Mr. President, today thority to attain the objectives of the Safe and guides to help them enjoy a safe I am introducing a bill to make tech- and pleasant journey through our for- Drinking Water Act; nical corrections to the status of cer- (5) Federal health services to maintain and ests and deserts and over the rivers and improve the health of the Indians are con- tain land held in trust for the Mis- lakes that are the spectacular destina- sistent with and required by the Federal sissippi Band of Choctaw Indians, and tions for many visitors to our federal Government’s trust relationship with the to take certain land into trust for the lands. American Indian people; Band. The Outfitter Policy Act would as- Whereas, the repair and replacement au- Mr. President, the lands involved in sure the public continued opportunities thorization by the Tribal Council is con- this bill are lands currently owned by for reasonable and safe access to the sistent with the Congressional purposes of the tribe. Over the last 20 years, the special areas found throughout our ensuring safe drinking water to the public; tribe has attempted to transfer the and public lands. It establishes high stand- Whereas, Indian tribes are recognized as land to reservation land, through the ards that will be met for the health and domestic nations under the protection of the regular processes of the Department of welfare of visitors who choose outfitted United States Government and possessed Interior and the Bureau of Indian Af- services. It will help guarantee that with the inherent powers of government; and fairs. The land transfer applications quality professional services. It will Whereas, pursuant to the Federal trust re- have the support of the State of Mis- help guarantee that will be available lationship between the Federal government sissippi and the local neighboring gov- for their recreational and educational and Indian tribes arising from the United ernments. States Constitution, United States Supreme experiences on federal land. Countless times over the years, the This legislation is needed because the Court caselaw, numerous treaties, statutes, tribe has been told by the Department and regulations, the Federal government had management of outfitting and guiding fiduciary duties to Indian tribes to protect that land transfer applications have services by this Administration had tribal self-government and to provide and en- been lost and that action would occur created problems that threaten to de- sure adequate and safe drinking water; and soon. stabilize many of these typically small, Whereas, in accordance with the Federal Housing, a school and a medical clin- independent outfitter and guide busi- policy of Indian Self-Determination, the ic are among the construction plans nesses. In addressing these problems, Federal government has pledged to assist In- that are detained because of the inac- this legislation relies heavily on prac- dian tribes in making reservations perma- tion by the Department and BIA. Mr. tices that have historically worked nent homes from Indian people; and President, this tribe is simply out of Whereas, The Federal Indian policy of Self- well for outfitters, visitors, and other Determination and the Federal trust respon- time. The school waiting to be replaced users groups, as well as for federal land sibility to Indian tribes requires that the has over two pages of safety violations managers in the field. When the bill is Federal government conduct government-to- from the BIA. The medical clinic will enacted, it will assure that these past government consultations with Indian tribes not pass its next inspection. Thousands levels of service are continued and en- on matters affecting tribal interests and to of Mississippi Choctaw citizens have hanced. promote tribal economic development, tribal substandard living conditions because Previous hearings and discussions on governments, tribal self-sufficiency, which of the lack of available housing. prior versions of this legislation helped includes proper and adequate and safe drink- Mr. President, the Choctaws are held to refine the bill I am introducing ing water facilities. up as the best example of self deter- today. This process provided the in- Now, Therefore, Be It Resolved, by the Tribal Council of the Jicarilla Apache Tribe mination. Yet, the federal government tended opportunity for discussion. It that the Tribal Council hereby declares that seems determined to throw obstacles in allowed for the examination of the his- the Jicarilla Apache Reservation is in a the course of their success. The history torical practices that have offered con- state of critical emergency due to the con- of these land acquisition applications sistent, reliable outfitter services to tinued operation of the unsafe water systems and the treatment of the tribe is intol- the public. The legislation I am now in- that serve the Jicarilla Apache Reservation. erable. troducing is a result of that process. Be It Further Resolved, by the Tribal The Congressional Budget Office has I look forward to considering this Council of the Jicarilla Apache Tribe that reviewed the bill and advises it has no legislation in the coming session of the the Tribal Council, hereby authorizes the budgetary impact. I urge the Senate to 106th Congress. Vice-President and his staff to do all acts ∑ I ask unanimous consent that the immediate and necessary to address this pass this bill. emergency, including but not limited to, text of the bill be printed in the executing contracts, consulting on a govern- By Mr. CRAIG (for himself, Mr. RECORD. ment-to-government basis with Congres- MURKOWSKI, and Mr. THOMAS): There being no objection, the bill was sional members and the Executive Branch, S. 1969. A bill to provide for improved ordered to be printed in the RECORD, as including the Federal agencies and the White management of, and increases account- follows:

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30615 S. 1969 tioned, a type of commercial outfitted activ- member of the public in an outdoor environ- Be it enacted by the Senate and House of Rep- ity conducted in a manner that is not incon- ment; and resentatives of the United States of America in sistent with or incompatible with an ap- (ii) that uses the recreational, natural, his- Congress assembled, proved resource management plan; and torical, or cultural resources of Federal land. SECTION 1. SHORT TITLE. (iii) is calibrated in terms of amount of (B) EXCLUSION.—The term ‘‘outfitted activ- This Act may be cited as the ‘‘Outfitter use, type of use, or location of a commercial ity’’ does not include a service provided Policy Act of 1999’’. outfitted activity, including user days or under the National Forest Ski Area Permit SEC. 2. FINDINGS. portions of user days, seasons or other peri- Act of 1986 (16 U.S.C. 497b). Congress finds that— ods of operation, launch dates, assigned (11) OUTFITTED VISITOR.—The term ‘‘out- (1) the experience, skills, trained staff, and camps, or other formulations of the type or fitted visitor’’ means a member of the public investment in equipment that are provided amount of authorized activity. that relies on an authorized outfitter for ac- by authorized outfitters are necessary to (B) INCLUSION.—The term ‘‘allocation of cess to and occupancy and use of Federal provide access to Federal land to members of use’’ includes the designation of a geographic land. the public that need or desire commercial area, zone, or district in which a limited (12) OUTFITTER.—The term ‘‘outfitter’’ outfitted activities to facilitate their use number of authorized outfitters are author- means a person that conducts a commercial and enjoyment of recreational or edu- ized to operate. outfitted activity, including a person that, cational opportunities on Federal land; (3) AUTHORIZED OUTFITTER.— by local custom or tradition, is known as a (2) such activities constitute an important (A) IN GENERAL.—The term ‘‘authorized ‘‘guide’’. contribution toward meeting the rec- outfitter’’ means a person that conducts a (13) OUTFITTER AUTHORIZATION.—The term reational and educational objectives of re- commercial outfitted activity on Federal ‘‘outfitter authorization’’ means— source management plans approved and ad- land under an outfitter authorization. (A) an outfitter permit; or ministered by agencies of the Department of (B) INCLUSION.—The term ‘‘authorized out- (B) a limited outfitter authorization. Agriculture and the Department of the Inte- fitter’’ includes an outfitter that conducts a (14) OUTFITTER PERMIT.—The term ‘‘out- rior; commercial outfitted activity on Federal fitter permit’’ means an outfitter permit (3) an effective relationship between those land under an outfitter authorization award- under section 6. agencies and authorized outfitters requires ed under an agreement between the Sec- (15) PRINCIPAL ALLOCATION OF OUTFITTER implementation of agency policies and pro- retary and a State or local government that USE.—The term ‘‘principal allocation of out- grams that provide for— provides for the regulation by a State or fitter use’’ means a commitment by the Sec- (A) a reasonable opportunity for an author- local agency of commercial outfitted activi- retary in an outfitter permit for an alloca- ized outfitter to realize a profit; ties on Federal land. tion of use to an authorized outfitter in ac- (B) a fair and reasonable return to the (4) COMMERCIAL OUTFITTED ACTIVITY.—The cordance with section 9. United States through appropriate fees; term ‘‘commercial outfitted activity’’ means (16) RESOURCE AREA.—The term ‘‘resource (C) renewal of outfitter permits based on a an authorized outfitted activity— area’’ means a management unit that is de- performance evaluation system that rewards (A) that is available to the public; scribed by or contained within the bound- outfitters that meet required performance (B) that is conducted under the direction of aries of— standards and discontinues outfitters that paid staff; and (A) a national forest; fail to meet those standards; and (C) for which an outfitted visitor is re- (B) an area of public land; (D) transfer of an outfitter permit to the quired to pay more than shared expenses (in- (C) a wildlife refuge; qualified purchaser of the operation of an au- cluding payment to an authorized outfitter (D) a congressionally designated area; thorized outfitter, an heir or assign, or an- that is a nonprofit organization). (E) a hunting zone or district; or other qualified person or entity; and (5) FEDERAL AGENCY.—The term ‘‘Federal (F) any other Federal planning unit (in- (4) the provision of opportunities for out- agency’’ means— cluding an area in which outfitted activities fitted visitors to Federal land to engage in (A) the Forest Service; are regulated by more than 1 Federal agen- fishing and hunting is best served by contin- (B) the Bureau of Land Management; cy). ued recognition that the States retain pri- (C) the United States Fish and Wildlife (17) SECRETARY.—The term ‘‘Secretary’’ mary authority over the taking of fish and Service; and means— wildlife on Federal land. (D) the Bureau of Reclamation. (A) with respect to Federal land adminis- SEC. 3. PURPOSES. (6) FEDERAL LAND.— tered by the Forest Service, the Secretary of The purposes of this Act are— (A) IN GENERAL.—The term ‘‘Federal land’’ Agriculture, acting through the Chief of the (1) to establish terms and conditions of ac- means all land and interests in land adminis- Forest Service or a designee; cess to, and occupancy and use of, Federal tered by a Federal agency. (B) with respect to Federal land adminis- land by visitors who require or desire the as- (B) EXCLUSION.—The term ‘‘Federal land’’ tered by the Bureau of Land Management, sistance of an authorized outfitter; and does not include— the Secretary of the Interior, acting through (2) to establish a stable regulatory climate (i) land held in trust by the United States the Director of the Bureau of Land Manage- that encourages a qualified person or entity for the benefit of an Indian tribe or indi- ment or a designee; to provide, and to continue to invest in the vidual; or (C) with respect to Federal land adminis- ability to provide, outfitted visitors with ac- (ii) land held by an Indian tribe or indi- tered by the United States Fish and Wildlife cess to, and occupancy and use of, Federal vidual subject to a restriction by the United Service, the Secretary of the Interior, acting land. States against alienation. through the Director of the United States SEC. 4. DEFINITIONS. (7) INSTITUTIONAL RECREATION PROGRAM.— Fish and Wildlife Service or a designee; and In this Act: The term ‘‘institutional recreation program’’ (D) with respect to Federal land adminis- (1) ACTUAL USE.—The term ‘‘actual use’’ means a program of recreational activities tered by the Bureau of Reclamation, the Sec- means the portion of a principal allocation on Federal land that may include the con- retary of the Interior, acting through the of outfitter use that an authorized outfitter duct of an outfitted activity on Federal land Commissioner of Reclamation or a designee. uses in conducting commercial outfitted ac- sponsored and guided by— (18) TEMPORARY ALLOCATION OF USE.—The tivities during a period, for a type of use, for (A) an institution with a membership or term ‘‘temporary allocation of use’’ means a location, or in terms of another measure- limited constituency, such as a religious, an allocation of use to an authorized out- ment of the term or outfitted activities cov- conservation, youth, fraternal, or social or- fitter in accordance with section 9. ered by an outfitter permit. ganization; or SEC. 5. NONOUTFITTER USE AND ENJOYMENT. (2) ALLOCATION OF USE.— (B) an educational institution, such as a Nothing in this Act enlarges or diminishes (A) IN GENERAL.—The term ‘‘allocation of college or university. the right or privilege of occupancy and use of use’’ means a method or measurement of ac- (8) LIMITED OUTFITTER AUTHORIZATION.— Federal land under any applicable law (in- cess that— The term ‘‘limited outfitter authorization’’ cluding planning process rules and any ad- (i) is granted by the Secretary to an au- means an outfitter authorization under sec- ministrative allocation), by a commercial or thorized outfitter for the purpose of facili- tion 6(f). noncommercial individual or entity that is tating the occupancy and use of Federal land (9) LIVERY.—The term ‘‘livery’’ means the not an authorized outfitter or outfitted vis- by an outfitted visitor; dropping off or picking up of visitors, sup- itor. (ii) takes the form of— plies, or equipment on Federal land. (I) an amount or type of commercial out- (10) OUTFITTED ACTIVITY.— SEC. 6. OUTFITTER AUTHORIZATIONS. fitted activity resulting from an apportion- (A) IN GENERAL.—The term ‘‘outfitted ac- (a) IN GENERAL.— ment of the total recreation capacity of a re- tivity’’ means an activity— (1) PROHIBITION.—No person or entity, ex- source area; or (i) such as outfitting, guiding, supervision, cept an authorized outfitter, shall conduct a (II) in the case of a resource area for which education, interpretation, skills training, as- commercial outfitted activity on Federal recreation capacity has not been appor- sistance, or livery operation conducted for a land.

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(2) CONDUCT OF OUTFITTED ACTIVITIES.—An (E) the obligation of an authorized out- (3) ADJUSTED GROSS RECEIPTS.—For the authorized outfitter shall not conduct an fitter to defend and indemnify the United purpose of paragraph (2)(A)(ii), the Secretary outfitted activity on Federal land except in States in accordance with section 8; shall— accordance with an outfitter authorization. (F) a principal allocation of outfitter use, (A) take into consideration revenue from (3) SPECIAL RULE FOR ALASKA.—With re- and, if appropriate, a temporary allocation the gross receipts of the authorized outfitter spect to a commercial outfitted activity con- of use, in accordance with section 9; from commercial outfitted activities con- ducted in the State of Alaska, the Secretary (G) a plan to conduct performance evalua- ducted on Federal land; and shall not establish or impose a limitation on tions in accordance with section 10; (B) exclude from consideration any rev- access by an authorized outfitter that is in- (H) renewal or termination of an outfitter enue that is derived from— consistent with the access ensured under permit in accordance with section 11; (i) fees paid by the authorized outfitter to subsections (a) and (b) of section 1110 of the (I) transfer of an outfitter permit in ac- any unit of Federal, State, or local govern- Alaska National Interest Lands Conserva- cordance with section 12; ment for— tion Act (16 U.S.C. 3170). (J) a means of modifying an outfitter per- (I) hunting or fishing licenses; (b) TERMS AND CONDITIONS.—An outfitter mit to reflect material changes from the (II) entrance or recreation fees; or authorization shall specify— terms and conditions specified in the out- (III) other purposes (other than commer- (1) the rights and obligations of the au- fitter permit; cial outfitted activities conducted on Fed- thorized outfitter and the Secretary; and (K) notice of a right of appeal and judicial eral land); (2) other terms and conditions of the au- review in accordance with section 14; and (ii) goods and services sold to outfitted thorization. (L) such other terms and conditions as the visitors that are not within the scope of au- (c) CRITERIA FOR AWARD OF AN OUTFITTER Secretary may require. thorized outfitter activities conducted on PERMIT.—The Secretary shall establish cri- (2) EXTENSIONS.—The Secretary may award Federal land; or teria for award of an outfitter permit that— not more than 3 temporary 1-year extensions (iii) operations on non-Federal land. (1) identify skilled, experienced, and finan- of an outfitter permit, unless the Secretary (4) SUBSTANTIALLY SIMILAR SERVICES IN A cially capable persons or entities with determines that extraordinary cir- SPECIFIC GEOGRAPHIC AREA.— knowledge of the resource area to offer and cumstances warrant additional extensions. (A) IN GENERAL.—Except as provided in conduct commercial outfitted activities; (f) LIMITED OUTFITTER AUTHORIZATIONS.— subparagraph (B), if more than 1 outfitter (2) provide a stable regulatory climate in (1) IN GENERAL.—The Secretary may issue a permit is awarded to conduct the same or accordance with this Act and other law (in- limited outfitter authorization to an appli- similar commercial outfitted activities in cluding regulations) that encourages a quali- cant for incidental occupancy and use of the same resource area, the Secretary shall fied person or entity to provide, and to con- Federal land for the purpose of conducting a establish an identical fee for all such out- tinue to invest in the ability to provide, commercial outfitted activity on a limited fitter permits. commercial outfitted activities; basis. (B) EXCEPTION.—The terms and conditions (3) offer a reasonable opportunity for an (2) TERM.—A limited outfitter authoriza- of an existing outfitter permit shall not be authorized outfitter to realize a profit; and tion shall have a term of not to exceed 2 subject to modification or open to renegoti- (4) subordinate considerations of revenue years. ation by the Secretary because of the award to the United States to the objectives of— (3) REISSUANCE OR RENEWAL.—A limited of a new outfitter permit at the same re- (A) providing recreational or educational outfitter authorization may be reissued or source area for the same or similar commer- opportunities for the outfitted visitor; renewed at the discretion of the Secretary. cial outfitted activities. (B) providing for the health and welfare of (5) ACTUAL USE.— SEC. 7. AUTHORIZATION FEES. the public; and (A) IN GENERAL.—For the purpose of calcu- (C) conserving resources. (a) AMOUNT OF FEE.— lating an authorization fee for actual use (d) AWARD.— (1) IN GENERAL.—An outfitter permit shall under clauses (ii) and (iii) of paragraph (1) IN GENERAL.—The Secretary may award provide for payment to the United States of (2)(A), the sum of authorization fees propor- an outfitter permit under this Act if— a fair and reasonable authorization fee, as tionately assessed per outfitted visitor in a (A) the commercial outfitted activity to be determined by the Secretary. single calendar day for commercial outfitted authorized is not inconsistent with or incom- (2) DETERMINATION OF AMOUNT OF FEE.—In activities at more than 1 resource area shall patible with an approved resource manage- determining the amount of an authorization be not greater than the equivalent fee ment plan applicable to the resource area in fee, the Secretary shall take into consider- charged for 1 full user day. which the commercial outfitted activity is ation— (B) RECONSIDERATION OF FEE.—The author- to be conducted; and (A) the obligations of the outfitter under ization fee may be reconsidered during the (B) the authorized outfitter meets the cri- the outfitter permit; term of the outfitter permit in accordance teria established under subsection (c)(1). (B) the provision of a reasonable oppor- with paragraph (6) or section 9(c)(3) at the (2) USE OF COMPETITIVE PROCESS.— tunity for net profit in relation to capital in- request of the Secretary or the authorized (A) IN GENERAL.—Except as otherwise pro- vested; and outfitter. vided by this Act, the Secretary shall use a (C) economic conditions. (6) ADJUSTMENT OF FEES.—The amount of competitive process to select an authorized (b) ESTABLISHMENT OF AMOUNT APPLICABLE an authorization fee— outfitter to which an outfitter permit is to TO AN OUTFITTER PERMIT.— (A) shall be determined as of the date of be awarded. (1) IN GENERAL.—The amount of the au- the outfitter permit; and (B) EXCEPTION FOR CERTAIN ACTIVITIES.— thorization fee paid to the United States for (B) may be modified to reflect— The Secretary may award an outfitter per- the term of an outfitter permit shall be spec- (i) changes relating to the terms and condi- mit to an applicant without conducting a ified in the outfitter permit. tions of the outfitter permit, including 1 or competitive selection process if the Sec- (2) REQUIREMENTS.—The amount of the au- more outfitter permits described in para- retary determines that— thorization fee— graph (5); (i) the applicant meets criteria established (A)(i) shall be expressed as— (ii) extraordinary unanticipated changes by the Secretary under subsection (c); and (I) a simple charge per day of actual use; or affecting operating conditions, such as nat- (ii) there is no competitive interest in the (II) an annual or seasonable flat fee; ural disasters, economic conditions, or other commercial outfitted activity to be con- (ii) if calculated as a percentage of rev- material adverse changes from the terms and ducted. enue, shall be determined based on adjusted conditions specified in the outfitter permit; (C) EXCEPTION FOR RENEWALS AND TRANS- gross receipts; or (iii) changes affecting operating or eco- FERS.—The Secretary shall award an out- (iii) with respect to a commercial outfitted nomic conditions determined by other gov- fitter permit to an applicant without con- activity conducted in the State of Alaska, erning entities, such as the availability of ducting a competitive selection process if shall be based on a simple charge per user State fish or game licenses; or the authorization is a renewal or transfer of day; (iv) the imposition of new or higher fees as- an existing outfitter permit under section 11 (B) shall be subordinate to the objectives sessed under other law. or 12. of— (c) ESTABLISHMENT OF AMOUNT APPLICABLE (e) PROVISIONS OF OUTFITTER PERMITS.— (i) conserving resources; TO A LIMITED OUTFITTER AUTHORIZATION.— (1) IN GENERAL.—An outfitter permit shall (ii) protecting the health and welfare of The Secretary shall determine the amount of provide for— the public; and an authorization fee, if any, under a limited (A) the health and welfare of the public; (iii) providing reliable, consistent perform- outfitter authorization. (B) conservation of resource values; ance in conducting outfitted activities; and SEC. 8. LIABILITY AND INDEMNIFICATION. (C) a fair and reasonable return to the (C) shall be required to be paid by an au- (a) IN GENERAL.—An authorized outfitter United States through an authorization fee thorized outfitter to the United States on a shall defend and indemnify the United States in accordance with section 7; reasonable schedule during the operating for costs or expenses associated with injury, (D) a term of 10 years; season. death, or damage to any person or property

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30617 caused by the authorized outfitter’s neg- portion of an allocation of use in accordance (2) Marginal, indicating a level of perform- ligence, gross negligence, or willful and wan- with paragraph (1), the authorized outfitter ance that, if not corrected, will result in an ton disregard for persons or property arising may reclaim any part of the unused portion unsatisfactory level of performance. directly out of the authorized outfitter’s in that season or calendar year. (3) Unsatisfactory, indicating a level of conduct of a commercial outfitted activity (3) NO FEE OBLIGATION.—An outfitter per- performance that fails to fulfill the terms under an outfitter authorization. mit fee may not be charged for any amount and conditions of the outfitter permit. (b) NO LIABILITY.—An authorized out- of allocation of use subject to a waiver under (c) PERFORMANCE EVALUATION.— fitter— paragraph (1). (1) EVALUATION SYSTEM.—The Secretary (1) shall have no responsibility to defend or (d) ADJUSTMENT TO ALLOCATION OF USE.— shall establish a performance evaluation sys- indemnify the United States, its agents, em- The Secretary— tem that assures the public of continued ployees, or contractors, or third parties for (1) may adjust an allocation of use as- availability of dependable commercial out- costs or expenses associated with injury, signed to an authorized outfitter to reflect— fitted activities and discontinues any au- death, or damage to any person or property (A) material change arising from approval thorized outfitter that fails to meet the re- caused by the acts, omissions, negligence, of a change in the resource management plan quired standards. (2) PROCEDURE.—An authorized outfitter gross negligence, or willful and wanton mis- for the area of operation; or shall be entitled— conduct of the United States, its agents, em- (B) requirements arising under other law; (A) to be present, or represented, at inspec- ployees, or contractors, or third parties; and tions of operations or facilities, which in- (2) shall not incur liability of any kind to (2) shall provide an authorized outfitter spections shall be limited to the operations the United States, its agents, employees, or with documentation supporting the basis for and facilities of the authorized outfitter lo- contractors, or third parties as a result of any adjustment in the principal allocation of cated on Federal land; the award of an outfitter authorization or as outfitter use, including new terms and condi- (B) to receive written notice of any con- a result of the conduct of a commercial out- tions that result from the adjustment. fitted activity under an outfitter authoriza- duct or condition that, if not corrected, (e) TEMPORARY ALLOCATION OF USE.— tion absent a finding by a court of competent might lead to a performance evaluation of (1) IN GENERAL.—A temporary allocation of marginal or unsatisfactory, which notice jurisdiction of negligence, gross negligence, use may be provided to an authorized out- or willful and wanton disregard for persons shall include an explanation of needed cor- fitter at the discretion of the Secretary for a rections and provide a reasonable period of or property on the part of the authorized period not to exceed 2 years. outfitter; and time in which the corrections may be made (2) RENEWALS, TRANSFERS, AND EXTEN- (3) shall have no responsibility to defend or without penalty; and SIONS.—A temporary allocation of use may indemnify the United States, its agents, em- (C) to receive written notice of the results be renewed, transferred, or extended at the of the performance evaluation not later than ployees, or contractors, or third parties for discretion of the Secretary. costs or expenses associated with injury, 30 days after the conclusion of the author- death, or damage to any person or property SEC. 10. EVALUATION OF PERFORMANCE UNDER ized outfitter’s operating season, including the level of performance and the status of resulting from the inherent risks of the com- OUTFITTER PERMITS. corrections that may have been required. mercial outfitted activity conducted by the (a) EVALUATION PROCESS.— (d) MARGINAL PERFORMANCE.—If an author- (1) IN GENERAL.—The Secretary shall de- authorized outfitter under the outfitter au- ized outfitter’s level of performance for a velop a process for annual evaluation of the thorization or the inherent risks present on year is determined to be marginal, and the performance of an authorized outfitter in Federal land. authorized outfitter fails to complete the conducting a commercial outfitted activity (c) AGREEMENTS.—An authorized outfitter corrections within the time period specified may enter into contracts or other agree- under an outfitter permit. under subsection (c)(2)(B), the level of per- ments with outfitted visitors, including (2) EVALUATION CRITERIA.—Criteria to be formance shall be determined to be unsatis- agreements providing for release, waiver, in- used by the Secretary to evaluate the per- factory for the year. demnification, acknowledgment of risk, or formance of an authorized outfitter shall— (e) DETERMINATION OF ELIGIBILITY FOR RE- allocation of risk. (A) be objective, measurable, and reason- NEWAL.— SEC. 9. ALLOCATION OF USE. ably attainable; and (1) IN GENERAL.—The results of all annual (a) IN GENERAL.—In a manner that is not (B) include— performance evaluations of an authorized inconsistent with or incompatible with an (i) standards generally applicable to all outfitter shall be reviewed by the Secretary approved resource management plan applica- commercial outfitted activities; in the year preceding the year in which the ble to the resource area in which a commer- (ii) standards specific to a resource area, outfitter permit expires to determine wheth- cial outfitted activity occurs, the Sec- an individual outfitter operation, or a type er the authorized outfitter’s overall perform- retary— of commercial outfitted activity; and ance during the term has met the require- (1) shall provide a principal allocation of (iii) such other terms and conditions of the ments for renewal under section 11. outfitter use to an authorized outfitter outfitter permit as are agreed to by the Sec- (2) FAILURE TO EVALUATE.—If, in any year under an outfitter permit; and retary and the authorized outfitter as meas- of the term of an outfitter permit, the Sec- (2) may provide a temporary allocation of urements of performance. retary fails to evaluate the performance of use to an authorized outfitter under an out- (3) SPECIAL RULE FOR ALASKA.—With re- the authorized outfitter by the date that is fitter permit. spect to commercial outfitted activities con- 60 days after the conclusion of the author- (b) RENEWALS, TRANSFERS, AND EXTEN- ducted in the State of Alaska, objectives re- ized outfitter’s operating season, the per- SIONS.—The Secretary shall provide a prin- lating to conservation of natural resources formance of the authorized outfitter in that cipal allocation of outfitter use to an author- and the taking of fish and game shall not be year shall be considered to have been good. ized outfitter that— inconsistent with the laws (including regula- (3) NOTICE.—Not later than 60 days after (1) in the case of the renewal of an out- tions) of the Alaska Department of Fish and the end of the year preceding the year in fitter permit, is not inconsistent with or in- Game. which an outfitter permit expires, the Sec- compatible with the terms and conditions of (4) REQUIREMENTS.—In evaluating the level retary shall provide the authorized outfitter an approved resource management plan ap- of performance of an authorized outfitter, with the cumulative results of performance plicable to the resource area in which the the Secretary shall— evaluations conducted under this subsection commercial outfitted activity occurs; or (A) appropriately account for factors be- during the term of the outfitter permit. (2) in the case of the transfer or temporary yond the control of the authorized outfitter, (4) UNSATISFACTORY PERFORMANCE IN FINAL extension of an outfitter permit, is the same including conditions described in section YEAR.—If an authorized outfitter receives an amount of principal allocation of outfitter 7(b)(6)(B); unsatisfactory performance rating under use provided to the current authorized out- (B) ensure that the effect of any perform- subsection (d) in the final year of the term of fitter. ance deficiency reflected by the performance an outfitter permit, the review and deter- (c) WAIVER.— rating is proportionate to the severity of the mination of eligibility for renewal of the (1) IN GENERAL.—At the request of an au- deficiency, including any harm that may outfitter permit under paragraph (1) shall be thorized outfitter, the Secretary may waive have resulted from the deficiency; and revised to reflect that result. any obligation of the authorized outfitter to (C) allow additional credit to be earned for SEC. 11. RENEWAL OR TERMINATION OF OUT- use all or part of the amount of allocation of elements of performance that exceed the re- FITTER PERMITS. use provided under the outfitter permit, if quirements of the outfitter permit. (a) RENEWAL AT EXPIRATION OF TERM.— the request is made in sufficient time to (b) LEVELS OF PERFORMANCE.—The Sec- (1) IN GENERAL.—On expiration of the term allow the Secretary to temporarily reallo- retary shall define 3 levels of performance, of an outfitter authorization, the Secretary cate the unused portion of the allocation of as follows: shall renew the authorization in accordance use in that season or calendar year. (1) Good, indicating a level of performance with paragraph (2). (2) RECLAIMING OF ALLOCATION OF USE.—Un- that fulfills the terms and conditions of the (2) DETERMINATION BASED ON ANNUAL PER- less the Secretary has reallocated the unused outfitter permit. FORMANCE RATING.—The Secretary shall

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30618 CONGRESSIONAL RECORD—SENATE November 18, 1999 renew an outfitter authorization under para- SEC. 13. RECORDKEEPING REQUIREMENTS. SEC. 19. TRANSITION PROVISIONS. graph (1) at the request of the authorized (a) IN GENERAL.—An authorized outfitter (a) IN GENERAL.— outfitter and subject to the requirements of shall keep such reasonable records as the (1) OUTFITTERS WITH SATISFACTORY RAT- this Act if the Secretary determines that the Secretary may require to enable the Sec- INGS.—An outfitter that holds a permit, con- authorized outfitter has received not more retary to determine that all the terms of the tract, or other authorization to conduct than 1 unsatisfactory annual performance outfitter authorization have been and are commercial outfitted activities (or an exten- rating under section 10 during the term of being carried out. sion of such a permit, contract, or other au- the outfitter permit. (b) BURDEN ON AUTHORIZED OUTFITTER.— thorization) in effect on the date of enact- (b) TERMINATION.—An outfitter permit may The recordkeeping requirements established ment of this Act shall be entitled, on request be terminated only if the Secretary deter- by the Secretary shall incorporate simplified or on expiration of the authorization, to the mines that— procedures that do not impose an undue bur- issuance of an outfitter permit under this (1) the authorized outfitter has failed to den on an authorized outfitter. Act if a recent performance evaluation de- correct a condition for which the authorized (c) ACCESS TO RECORDS.—The Secretary, or termined that the outfitter’s aggregate per- outfitter received notice under section an authorized representative of the Sec- formance under the permit, contract, or 10(c)(2)(B) and the condition is considered by retary, shall, until the end of the fifth cal- other authorization was good or was the the Secretary to be significant with respect endar year beginning after the end of the equivalent of good, satisfactory, or accept- to the health and welfare of outfitted visi- business year of an authorized outfitter, able under a rating system in use before the tors or the conservation of resources; have access to and the right to examine any date of enactment of this Act. (2) the authorized outfitter is repeatedly in books, papers, documents, and records of the (2) OUTFITTERS WITH NO RATINGS.—For the arrears in the payment of fees under section authorized outfitter relating to each out- purpose of paragraph (1), if no recent per- 7; or fitter authorization held by the authorized formance evaluation exists with respect to (3) the authorized outfitter’s conduct dem- outfitter during the business year. an outfitter, the outfitter’s aggregate per- onstrates repeated and willful disregard for— SEC. 14. APPEALS AND JUDICIAL REVIEW. formance under the permit, contract, or (A) the health and welfare of outfitted visi- (a) APPEALS PROCEDURE.—The Secretary other authorization shall be deemed to be tors; or shall by regulation— good. (B) the conservation of resources on which (1) grant an authorized outfitter full access (b) EFFECT OF ISSUANCE OF OUTFITTER PER- the commercial outfitted activities are con- to administrative remedies under the Sec- MIT.—The issuance of an outfitter permit ducted. retary’s authority at the time of an appeal; under subsection (a) shall not adversely af- SEC. 12. TRANSFERABILITY OF OUTFITTER PER- and fect any right or obligation that existed MITS. (2) establish an expedited procedure for under the permit, contract, or other author- (a) IN GENERAL.—An outfitter permit shall consideration of appeals of Federal agency ization (or an extension of the permit, con- not be transferred (including assigned or oth- decisions to deny, suspend, fail to renew, or tract, or other authorization) on the date of erwise conveyed or pledged) by the author- terminate an outfitter permit. enactment of this Act. ized outfitter without prior written notifica- (b) JUDICIAL REVIEW.—An authorized out- tion to, and approval by, the Secretary. fitter that is adversely affected by a final de- By Mr. SPECTER: (b) APPROVAL.— cision of the Secretary under this Act may S. 1970. A bill to amend chapter 171 of (1) IN GENERAL.—The Secretary shall ap- commence a civil action in United States title 28, United States Code, with re- prove a transfer of an outfitter permit unless district court. spect to the liability of the United the Secretary determines that the transferee SEC. 15. INSTITUTIONAL RECREATION PRO- States for claims of military personnel does not have sufficient professional, finan- GRAMS. cial, and other resources or business experi- for damages for certain injuries; to the (a) IN GENERAL.—The Secretary shall man- Committee on the Judiciary. ence to be capable of performing under the age the occupancy and use of Federal land by outfitter permit for the remainder of the institutional recreation programs that con- FERES DOCTRINE REVERSAL LEGISLATION term of the outfitter permit. duct outfitted activities under this Act. Mr. SPECTER. Mr. President, I seek (2) QUALIFIED TRANSFEREES.—Subject to (b) REQUIREMENTS.—In managing an insti- recognition to introduce a bill which section 6(d)(1), the Secretary shall approve a tutional recreation program authorized will overturn what has come to be transfer of an outfitter permit— under this Act, the Secretary shall require known as the ‘‘Feres doctrine.’’ In the (A) to a purchaser of the operation of the that the program— 1950 case of Feres v. U.S., the Supreme authorized outfitter; (1) operate in a manner that is not incon- (B) at the request of the authorized out- Court held that the United States Gov- sistent with or incompatible with an ap- ernment is not liable under the Federal fitter, to an assignee, partner, or stockholder proved resource management plan applicable or other owner of an interest in the oper- to the resource area in which the outfitted Tort Claims Act for injuries to mili- ation of the authorized outfitter; or activity is conducted; tary personnel where the injuries are (C) on the death of the authorized out- (2) provide for the health and welfare of sustained ‘‘incident to service.’’ Under fitter, to an heir or assign. members of the sponsoring organization or the Feres doctrine, therefore, a soldier (c) NO MODIFICATION AS CONDITION OF AP- affiliated participants; and would not be able to seek compensa- PROVAL.—The terms and conditions of an (3) ensure the conservation of resources. outfitter permit shall not be subject to modi- tion from the government for injuries SEC. 16. CONSISTENCY WITH OTHER LAW AND sustained due to government neg- fication or open to renegotiation by the Sec- RIGHTS. retary because of a transfer described in sub- ligence unless the soldier happened to (a) CONSISTENCY WITH OTHER LAW.—Each section (a), unless the terms and conditions program of outfitted activities carried out be on leave or furlough at the time he of the outfitter permit that is proposed to be on Federal land shall be consistent with the or she sustained the injuries. transferred have become inconsistent or in- mission of the administering Federal agency Over the years, we have seen the compatible with an approved resource man- and all laws (including regulations) applica- Feres doctrine produce anomalous re- agement plan for the resource area as a re- sult of a modification to the plan. ble to the outfitted activities. sults which reflect neither the will of (b) CONSISTENCY WITH RIGHTS OF UNITED (d) CONSIDERATION PERIOD.— the Congress nor basic common sense. STATES.—Nothing in this Act limits or re- (1) THRESHOLD FOR AUTOMATIC APPROVAL.— For instance, under Feres, a soldier Subject to paragraph (2), if the Secretary stricts any right, title, or interest of the who is the victim of medical mal- United States in or to any land or resource. fails to approve or disapprove the transfer of practice at an army hospital cannot an outfitter permit within 90 days after the SEC. 17. REGULATIONS. Not later than 2 years after the date of en- sue the government for compensation. date of receipt of an application containing Likewise, his family cannot sue for the information required with respect to the actment of this Act, the Secretary shall pro- transfer, the transfer shall be deemed to mulgate such regulations as are appropriate compensation if the soldier dies from have been approved. to carry out this Act. the malpractice. But a civilian who (2) EXTENSION.—The Secretary and the au- SEC. 18. RELATIONSHIP TO OTHER LAW. suffers from the same malpractice thorized outfitter making application for (a) NATIONAL PARK OMNIBUS MANAGEMENT would be entitled to file suit against transfer of an outfitter permit may agree to ACT OF 1998.—Nothing in this Act supersedes the government. Likewise, if a soldier extend the period for consideration of the ap- or otherwise affects any provision of title IV driving home from work on an army plication. of the National Park Omnibus Management base is hit by a negligently driven (e) CONTINUANCE OF OUTFITTER PERMIT.—If Act of 1998 (16 U.S.C. 5951 et seq.). army truck, he is barred from suing the transfer of an outfitter permit is not ap- (b) STATE OUTFITTER LICENSING LAW.—This proved by the Secretary or if the transfer is Act does not preempt any outfitter or guide the government for compensation. If not subsequently made, the outfitter permit licensing law (including any regulation) of the soldier dies in the accident, his shall remain in effect. any State or territory. family will be barred from suing for

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30619 compensation. Meanwhile, a civilian on liability for injuries sustained by noted that ‘‘the scholarly criticism of hit by the same truck would have a military personnel in combat and the the doctrine is legion’’ and has urged cause of action against the United bar on liability for claims which arise the Supreme Court to grant cert. to re- States. Unfortunately, the individuals in a foreign country. In short, my bill consider Feres. Judge Becker has writ- hurt by the Feres doctrine are the men will ensure that members of our armed ten to me that given the failure of the and women of our armed forces—people forces will be entitled to damages they Court to overturn Feres thus far, I whom we should protect and reward, deserve when injured through the neg- should introduce legislation doing so. not punish. ligence or wrongful actions of the Fed- Even in the Feres opinion itself, the The recent decision of the Third Cir- eral government or its agents, except Supreme Court expressed an cuit Court of Appeals in O’Neil v. for certain limited cases contemplated uncharacteristic doubt about its deci- United States illustrates the troubling by Congress when it originally passed sion. The justices recognized that they results produced by the Feres doctrine. the Act. may be misinterpreting the Federal In O’Neil, the family of slain Naval of- Congress passed the Federal Tort Tort Claims Act. They called upon ficer Kerryn O’Neil was barred from Claims Act in 1946 to give the general Congress to correct their mistake if pursuing a wrongful death claim consent of the government to be sued this were the case. The Court wrote: against the government under the in tort, subject to several specific re- There are few guiding materials for our Feres doctrine. O’Neil was murdered by strictions. Under the common law doc- task of statutory construction. No com- her former fiance´, George Smith, a trine of sovereign immunity, the mittee reports or floor debates disclose what Navy ensign. The two met at the U.S. United States cannot be sued without effect the statute was designed to have on Naval Academy and were stationed at such specific consent. The Act provides the problem before us, or that it even was in the same Naval base in California. that the government will be held liable mind. Under these circumstances, no conclu- sion can be above challenge, but if we mis- After Ms. O’Neil broke off their engage- ‘‘in the same manner and to the same interpret the Act, at least Congress possesses ment, Mr. Smith began to stalk her. extent as a private individual under a ready remedy. One night while Ms. O’Neil was sitting the circumstances.’’ Thus, the Act Congress does possess a ready rem- in her on-base apartment watching a makes the United States liable for the edy, and I call upon my colleagues to movie with a friend, Smith came to her torts of its employees and agents to exercise it. The bill I introduce today building and killed her, her friend, and the extent that private employers are will eliminate the judicially created then himself. liable under state law for the torts of Feres doctrine and revive the original After the murders, Kerryn O’Neil’s their employees and agents. framework of the Federal Tort Claims family learned that Mr. Smith had The Act contains many exceptions to Act. There is no reason to deny com- scored in the 99.99th percentile for ag- government liability, but it does not pensation to the men and women of our gressive/destructive behavior in Navy contain an explicit exception for inju- armed services who are injured or psychological tests. Under Naval proce- ries sustained by military personnel in- killed in domestic accidents or vio- dures, these results should have been cident to service. In fact, one of the lence outside the heat of combat. I forwarded to the Department of Psy- Act’s exceptions prevents ‘‘any claim hope that when we resume our business chiatry at the Naval Hospital for a full arising out of the combatant activities next year my colleagues will join me in psychological evaluation. Had their of the military or naval forces, or the supporting and passing this legislation. claim not been barred, the O’Neils Coast Guard during time of war.’’ By would have argued that the Navy was including this exception, Congress f negligent in failing to follow up on clearly contemplated the special case ADDITIONAL COSPONSORS these extreme test results. I do not of military personnel and decided that S. 211 know whether the O’Neil’s deserved to certain limits must be placed on gov- At the request of Mr. MOYNIHAN, the be compensated under the Act—this de- ernment liability in this context. But name of the Senator from Massachu- pends on the specific facts and the case by drawing this exception narrowly setts (Mr. KERRY) was added as a co- law in this area. But it does seem clear and limiting it to combat situations, sponsor of S. 211, a bill to amend the to me that the O’Neils should not have Congress rejected any broad exception Internal Revenue Code of 1986 to make been barred from pursuing their claim for injuries sustained ‘‘incident to serv- permanent the exclusion for employer- because their daughter’s fatal injuries ice.’’ The Supreme Court did far more provided educational assistance pro- were sustained ‘‘incident to service.’’ than interpret our statute when it sig- grams, and for other purposes. Of course, there are situations in nificantly broadened the limited com- S. 279 which soldiers should not be allowed to bat exception provided by Congress. At the request of Mr. MCCAIN, the sue the government in tort. For exam- This bill leaves intact the govern- name of the Senator from Tennessee ple, in a combat situation, countless ment’s exemption for injuries sus- (Mr. FRIST) was added as a cosponsor of judgment calls are made which result tained in combat. in death or injuries to soldiers. We can- The Feres doctrine has been the sub- S. 279, a bill to amend title II of the So- not have lawyers and juries second ject of harsh criticism by some of the cial Security Act to eliminate the guessing the decisions made by field leading jurists in the nation. In the earnings test for individuals who have commanders and combatants in the 1987 case of United States v. Johnson, a attained retirement age. heat of battle. But such considerations 5 to 4 majority of the Supreme Court S. 345 do not necessitate that military per- held that the Feres doctrine bars suits At the request of Mr. ALLARD, the sonnel should lose the right to sue the on behalf of military personnel injured names of the Senator from Minnesota government in any context. incident to service even in cases of (Mr. GRAMS) and the Senator from The bill I introduce today will re- torts committed by employees of civil- West Virginia (Mr. BYRD) were added as verse the court-created Feres doctrine ian agencies. Justice Scalia wrote a cosponsors of S. 345, a bill to amend the and return the law to the way it was scathing dissent in Johnson, in which Animal Welfare Act to remove the lim- originally intended by Congress. My he was joined by Justices Brennan, itation that permits interstate move- bill is very short and simple. It amends Marshall, and Stevens. Scalia wrote ment of live birds, for the purpose of the Federal Tort Claims Act to specifi- that Feres was ‘‘wrongly decided and fighting, to States in which animal cally provide that the Act applies to heartily deserves the widespread, al- fighting is lawful. military personnel on active duty the most universal criticism it has re- S. 486 same as it applies to anyone else. My ceived.’’ At the request of Mr. EDWARDS, his bill further specifies that military per- Judge Edward Becker, the Chief name was added as a cosponsor of S. sonnel will be limited by the excep- Judge of the Third Circuit Court of Ap- 486, a bill to provide for the punish- tions to government liability already peals, has also spoken out strongly ment of methoamphetamine laboratory included in the Act, including the bar against the Feres doctrine. He has operators, provide additional resources

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30620 CONGRESSIONAL RECORD—SENATE November 18, 1999 to combat methamphetamine produc- S. 1500 S. 1954, a bill to establish a compensa- tion, trafficking, and abuse in the At the request of Mr. HATCH, the tion program for employees of the De- United States, and for other purposes. name of the Senator from Wyoming partment of Energy, its contractors, At the request of Mr. HATCH, his (Mr. ENZI) was added as a cosponsor of subcontractors, and beryllium vendors, name, and the name of the Senator S. 1500, a bill to amend title XVIII of who sustained beryllium-related illness from Delaware (Mr. BIDEN) were added the Social Security Act to provide for due to the performance of their duty; as cosponsors of S. 486, supra. an additional payment for services pro- to establish a compensation program S. 1020 vided to certain high-cost individuals for certain workers at the Paducah, At the request of Mr. GRASSLEY, the under the prospective payment system Kentucky, gaseous diffusion plant; to name of the Senator from Montana for skilled nursing facility services, establish a pilot program for exam- (Mr. BAUCUS) was added as a cosponsor and for other purposes. ining the possible relationship between of S. 1020, a bill to amend chapter 1 of S. 1590 workplace exposure to radiation and title 9, United States Code, to provide At the request of Mr. CRAPO, the hazardous materials and illnesses or for greater fairness in the arbitration name of the Senator from Maryland health conditions; and for other pur- process relating to motor vehicle fran- (Ms. MIKULSKI) was added as a cospon- poses. chise contracts. sor of S. 1590, a bill to amend title 49, SENATE CONCURRENT RESOLUTION 53 S. 1109 United States Code, to modify the au- At the request of Mrs. FEINSTEIN, the At the request of Mr. MCCONNELL, thority of the Surface Transportation name of the Senator from Washington the names of the Senator from Arizona Board, and for other purposes. (Mr. GORTON) was added as a cosponsor (Mr. KYL) and the Senator from Mis- S. 1668 of Senate Concurrent Resolution 53, a souri (Mr. BOND) were added as cospon- At the request of Mr. KERRY, the concurrent resolution condemning all sors of S. 1109, a bill to conserve global name of the Senator from New York prejudice against individuals of Asian bear populations by prohibiting the im- (Mr. MOYNIHAN) was added as a cospon- and Pacific Island ancestry in the portation, exportation, and interstate sor of S. 1668, a bill to amend title VII United States and supporting political trade of bear viscera and items, prod- of the Civil Rights Act of 1964 to estab- and civic participation by such individ- ucts, or substances containing, or la- lish provisions with respect to religious uals throughout the United States. beled or advertised as containing, bear accommodation in employment, and SENATE RESOLUTION 91 viscera, and for other purposes. for other purposes. At the request of Mr. NICKLES, his S. 1197 S. 1708 name was added as a cosponsor of Sen- At the request of Mr. ROTH, the name At the request of Mr. MOYNIHAN, the ate Resolution 91, a resolution express- of the Senator from Illinois (Mr. DUR- name of the Senator from Connecticut ing the sense of the Senate that Jim BIN) was added as a cosponsor of S. 1197, (Mr. DODD) was added as a cosponsor of Thorpe should be recognized as the a bill to prohibit the importation of S. 1708, a bill to amend the Employee ‘‘Athlete of the Century.’’ products made with dog or cat fur, to Retirement Income Security Act of prohibit the sale, manufacture, offer SENATE RESOLUTION 118 1974 and the Internal Revenue Code of for sale, transportation, and distribu- At the request of Mr. REID, the name 1986 to require plans which adopt tion of products made with dog or cat of the Senator from Arkansas (Mrs. amendments that significantly reduce fur in the United States, and for other LINCOLN) was added as a cosponsor of future benefit accruals to provide par- purposes. Senate Resolution 118, a resolution des- ticipants with adequate notice of the S. 1257 ignating December 12, 1999, as ‘‘Na- changes made by such amendments. At the request of Mr. HATCH, the tional Children’s Memorial Day.’’ name of the Senator from Wisconsin S. 1812 SENATE RESOLUTION 128 At the request of Mr. WARNER, the (Mr. KOHL) was added as a cosponsor of At the request of Mr. COCHRAN, the S. 1257, a bill to amend statutory dam- names of the Senator from Nebraska names of the Senator from Virginia ages provisions of title 17, United (Mr. HAGEL), the Senator from New (Mr. ROBB) and the Senator from Ne- States Code. York (Mr. MOYNIHAN), the Senator vada (Mr. REID) were added as cospon- from Maine (Ms. SNOWE), the Senator S. 1380 sors of Senate Resolution 128, a resolu- from Oregon (Mr. SMITH), and the Sen- At the request of Mr. HATCH, the tion designating March 2000, as ‘‘Arts name of the Senator from Virginia (Mr. ator from Connecticut (Mr. LIEBERMAN) Education Month.’’ were added as cosponsors of S. 1812, a ROBB) was added as a cosponsor of S. f 1380, a bill to provide for a study of bill to establish a commission on a nu- clear testing treaty, and for other pur- SENATE CONCURRENT RESOLU- long-term care needs in the 21st cen- TION 76—EXPRESSING THE tury. poses. S. 1823 SENSE OF CONGRESS REGARD- S. 1419 ING A PEACEFUL RESOLUTION At the request of Mr. MCCAIN, the At the request of Mr. DEWINE, the name of the Senator from Iowa (Mr. OF THE CONFLICT IN THE STATE names of the Senator from Oklahoma OF CHIAPAS, MEXICO AND FOR GRASSLEY) was added as a cosponsor of (Mr. NICKLES), the Senator from Ten- OTHER PURPOSES nessee (Mr. THOMPSON), and the Sen- S. 1823, a bill to revise and extend the ator from Alaska (Mr. STEVENS) were Safe and Drug-Free Schools and Com- Mr. LEAHY (for himself, Mr. KEN- added as cosponsors of S. 1419, a bill to munities Act of 1994. NEDY, Mrs. FEINSTEIN, Mr. JEFFORDS, amend title 36, United States Code, to S. 1900 Mr. TORRICELLI, Mrs. MURRAY, Mr. designate May as ‘‘National Military At the request of Mr. LAUTENBERG, DURBIN, Mr. WELLSTONE, Mr. FEINGOLD, Appreciation Month.’’ the names of the Senator from Nevada Mr. HARKIN, Mr. KERRY, Ms. MIKULSKI, S. 1447 (Mr. REID), the Senator from Wisconsin and Mrs. BOXER) submitted the fol- At the request of Mr. WELLSTONE, the (Mr. FEINGOLD), and the Senator from lowing concurrent resolution; which name of the Senator from Pennsyl- Washington (Mrs. MURRAY) were added was referred to the Committee on For- vania (Mr. SPECTER) was added as a co- as cosponsors of S. 1900, a bill to amend eign Relations: sponsor of S. 1447, a bill to amend the the Internal Revenue Code of 1986 to S. CON. RES. 76 Public Health Service Act, Employee allow a credit to holders of qualified Whereas the United States and Mexico Retirement Income Security Act of bonds issued by Amtrak, and for other have a long history of close relations and 1974, and the Internal Revenue Code of purposes. share a wide range of interests; Whereas a democratic, peaceful and pros- S. 1954 1986 to provide for nondiscriminatory perous Mexico is of vital importance to the coverage for substance abuse treat- At the request of Mr. BINGAMAN, the security of the United States. ment service under private group and name of the Senator from Tennessee Whereas the United States Government individual health coverage. (Mr. FRIST) was added as a cosponsor of provides assistance and licenses exports of

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30621 military equipment to Mexican security (4) give a higher priority in discussions tions High Commissioner for Human forces for counter-narcotics purposes; with the Government of Mexico to criminal Rights, is an important and welcome Whereas the Department of State’s 1998 justice reforms that protect human rights, development. I am hopeful that the Country Report on Human Rights Practices emphasizing United States concerns about Mexican Government will engage in an in Mexico stated that a ‘‘culture of impunity arbitrary detention, torture, extra judicial pervades the security forces’’ and docu- killings, and disappearances, and the failure open dialogue with Ms. Robinson and mented human rights violations, including to prosecute individuals responsible for these that progress can be made on ways to arbitrary detention, torture, extrajudicial crimes; and further promote and protect human killings, and disappearances, by these forces; (5) urge the Government of Mexico to im- rights in Mexico. Whereas confrontations in August 1999 be- plement the recommendations of the Inter- Despite these positive steps, however, tween members of the Mexican military and American Commission on Human Rights, Mexican officials indicate that they ex- supporters of the Zapatista National Libera- particularly with regard to American citi- pect little progress toward resolving tion Army (EZLN) in Chiapas, Mexico are zens and others who have been summarily the conflict before the presidential expelled from Mexico in violation of Mexican representative of the political tension and elections in July 2000. This is very dis- violence that has plagued the region for law and international law. appointing. While mistrust runs deep years; Mr. LEAHY. Mr. President, I am on both sides, a great deal can be ac- Whereas the conflict has its roots in the today submitting a concurrent resolu- complished in eight months if the par- poverty and injustice suffered by the indige- tion expressing the sense of Congress nous people of Chiapas, and shared by the ties to the conflict are willing to take regarding measures to achieve a peace- poor in the neighboring states of Oaxaca and the steps to create conditions for good ful settlement of the conflict in the Guerrero; faith negotiations to succeed, and then Whereas the lack of progress in imple- state of Chiapas, Mexico. This resolution is cosponsored by sit down at the table together. menting a preliminary peace agreement There is little evidence that the signed in 1996 and the intimidating level of Senators KENNEDY, FEINSTEIN, JEF- Mexican Government’s strategy is militarization by the Mexican army, para- FORDS, TORRICELLI, MURRAY, DURBIN, working. Since early 1998, the Zedillo military groups and the EZLN has resulted WELLSTONE, FEINGOLD, HARKIN, KERRY, in the forced displacement of thousands of administration has, on the one hand, MIKULSKI, and BOXER. indigenous people and exacerbated the im- lavishly funded social programs in Congresswoman NANCY PELOSI is in- poverished conditions in Chiapas; those indigenous communities in troducing an identical resolution today Whereas on September 14, 1999, the Com- Chiapas that are willing to accept mission for Peace and Reconciliation in in the House of Representatives. The purpose of this resolution is to them. On the other hand, Mexican Chiapas of the Conference of Mexican Catho- troops have tightened their grip on the lic Bishops urged the Government of Mexico convey our support for a peaceful set- impoverished communities of to consider relocating military forces in tlement of the conflict in Chiapas that Zapatista supporters. They patrol the Chiapas to only those positions absolutely has been simmering since the Zapatista roads in and out of Chiapas in armored necessary to maintaining the integrity and uprising in 1994. Since then, and de- vehicles, brandishing weapons and es- security of Mexico; spite repeated attempts at negotia- Whereas the Government of Mexico has de- tablishing military check-points and tions, the situation remains tense and voted resources to reduce poverty in bases when it is abundantly clear that prospects for productive dialogue re- Chiapas, but the breakdown in peace nego- neither the communities, nor the mote. In August, armed confrontations tiations and the lack of trust between the Zapatistas themselves, pose a credible Mexican Government and some indigenous between members of the Mexican mili- threat to the Mexican Government. In communities have limited the impact of that tary and Zapatista supporters in assistance; addition, paramilitary forces, respon- Chiapas was a reminder of the political sible for some of the worst atrocities, Whereas on September 7, 1999, the Govern- violence that has plagued the region ment of Mexico pledged to renew dialogue continue to operate in the region. with the EZLN, support the formation of a for years. I submitted a similar resolu- Human rights monitors, including new mediation tea, and investigate human tion just over a year ago and, unfortu- Mexican citizens, have been harassed, rights abuses in Chiapas; nately, the situation remains largely and foreigners, including American Whereas the EZLN has not yet accepted unchanged. citizens, have been summarily expelled the Government of Mexico’s overtures to re- This resolution does not attempt to from Mexico for activities that amount sume negotiations; and take sides or to dictate an outcome of Whereas the summary expulsions of Amer- to nothing more than criticizing the that conflict. It is not meant to embar- policies of the Mexican Government. ican citizens and human rights monitors rass or interfere in Mexico’s internal from Mexico are inconsistent with the free- The Zapatistas have also contributed doms of movement, association and expres- affairs. The situation in Chiapas is a to their isolation. They have not ac- sion: Now, therefore, be it complex one that has social, ethnic, cepted the Mexican Government’s re- Resolved by the Senate (the House of Rep- economic and political dimensions. It cent overtures to resume dialogue and resentatives concurring), That it is the sense is a manifestation of years of Mexican seem resigned to wait in their jungle of Congress that the Secretary of State history. It is for the Mexican people to stronghold until there is a new govern- should— resolve. (1) take effective measures to ensure that ment before considering a return to But despite its complexities, there is talks. Again, July is a long way away, United States assistance and exports of no doubt that the indigenous people of equipment to Mexican security forces— especially for the Zapatistas’ sup- (A) are used primarily for counter-nar- Chiapas have been the victims of injus- porters who struggle every day just to cotics purposes; and tice for centuries. Most do not own any find food and shelter for themselves (B) are not provided to units of security land and they live—as their parents and their families. They have suffered forces that have been implicated in human and grandparents did—in abject pov- long enough. rights violations, unless the Government of erty. The 1994 Zapatista uprising, in Mr. President, this resolution calls Mexico is taking effective measures to bring which some 150 people died, was a re- on our Secretary of State to encourage the individuals responsible to justice; flection of that injustice and despair, (2) encourage the EZLN and the Govern- the Mexican Government and the ment of Mexico to take steps to create condi- and the political tension and violence Zapatistas to support negotiations that tions for good faith negotiations that ad- of recent years has only exacerbated address the underlying causes of the dress the social, economic and political their plight. conflict, to achieve a lasting peace. It causes of the conflict in Chiapas, to achieve To his credit, President Zedillo has seeks to convey our concern about the a peaceful and lasting resolution of the con- devoted considerable financial re- people of Chiapas, and the urgent need flict, and to vigorously pursue such negotia- sources to address the poverty and lack for concrete progress to resolve a con- tions; of basic services in Chiapas. On Sep- flict that has cost many innocent lives (3) commend the Government of Mexico for tember 7, 1999, he pledged to renew dia- its renewed commitment to negotiations and and threatens the economic and polit- for establishing a date for the United Na- logue with the Zapatistas and inves- ical development of our southern tions High Commissioner for Human Rights tigate human rights abuses there. The neighbor. to visit Mexico to discuss human rights con- scheduled November 23rd visit to Mex- A stable, peaceful and prosperous cerns there; ico by Mary Robinson, the United Na- Mexico is not only in the best interest

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30622 CONGRESSIONAL RECORD—SENATE November 18, 1999 of all Mexicans, it is also in the eco- Whereas the agricultural community has Rights to bring the outstanding cases nomic and security interests of the faced a series of hardships, including record to resolution in a timely manner. Re- United States. And human rights low prices, extreme weather disasters, and a peated phone calls and requests have abuses, wherever and however they shortage of farm loan opportunities; Whereas additional frustration and finan- yielded few answers. For that reason, I occur, deserve our attention. cial difficulties perpetuated by the inad- am offering this resolution which binds The resolution urges the Secretary of equate review process has further imposed the agency to its mission of facili- State to ensure that the United States undue hardship on the Montana civil rights tating the fair and equitable treatment is not contributing to the political vio- petitioners; of USDA customers and employees lence, by reaffirming current law which Whereas the mission of the Office of Civil while ensuring the delivery and en- limits assistance and exports of equip- Rights of the Department of Agriculture re- forcement of civil rights programs and ment only to Mexican security forces quires the Office to facilitate the fair and eq- activities. Further we hope to commit who are primarily involved in counter- uitable treatment of customers and employ- ees of the Department while ensuring the de- the USDA to treating its customers narcotics activities and who do not with dignity and respect as well as to commit human rights abuses. In order livery and enforcement of civil rights pro- grams and activities; providing quality and timely products to ensure that the law is faithfully im- Whereas the Department of Agriculture and services. Finally, the resolution re- plemented, the State Department should be committed to the policy of treat- solves that not later than March 1, needs to know who we train and who ing its customers with dignity and respect as 2000, the Secretary should resolve all receives our equipment. well as to providing high quality and timely the outstanding cases of alleged civil It calls on the Mexican Government products and services; and rights discrimination by the Depart- to respect the freedoms of movement, Whereas an urgent need exists for the De- association and expression by imple- partment of Agriculture to resolve certain ment of Agriculture. It is high time to bring this issue to menting the recommendations of the Montana civil rights discrimination cases, Inter-American Commission on Human many backlogged, by a date certain in fur- resolution, and I appreciate the Sen- therance of that policy: Now, therefore, be it ate’s consideration of this important Rights, particularly with regard to Resolved, That it is the sense of the Senate ∑ American citizens and others who have matter. that, not later than March 1, 2000, the Sec- ∑ Mr. BURNS. Mr. President. I am been summarily expelled from Mexico retary of Agriculture should resolve, or take pleased to be joined by Mr. BAUCUS, in in violation of Mexican law and inter- other action to resolve, all cases pending on sponsoring a sense-of-the-Senate reso- national law. the date of approval of this resolution of al- And it urges both sides to take ini- leged civil rights discrimination by the De- lution which addresses the backlog of tiatives for peace. partment of Agriculture against agricultural Montana civil rights complaints at the Mr. President, some may ask why we producers located in the State of Montana. U.S. Department of Agriculture are submitting this resolution today, ∑ Mr. BAUCUS. Mr. President, I rise (USDA). when this conflict has been simmering today to submit a sense-of-the-Senate Last year, a finding was made that for years, It is my hope that in con- Resolution regarding the urgent need the USDA had, for decades, been guilty junction with Mary Robinson’s visit for the U.S. Department of Agriculture of violating many of America’s pro- next week, this Resolution will send a to resolve its civil rights discrimina- ducer’s civil rights. When these pro- strong message to the Mexican Govern- tion cases. On behalf of Senator BURNS, ducers tried to take advantage of the ment, the Zapiatislas, our own admin- the bill’s cosponsor, and myself, I urge programs offered by the USDA they istration and the international commu- the Senate to recognize the urgency of were treated differently than their nity that an intensified effort is needed this situation. friends and neighbors. We enacted Leg- urgently to resolve the conflict peace- Mr. President, there exists a strong islation last fall, that was intended to fully. public policy against discrimination right this wrong. Even with passage of against minority groups, whether the f this provision, it remains a difficult discrimination is committed by private challenge to ensure that those who SENATE RESOLUTION 233—EX- individuals or by the Government in have been harmed by USDA will re- PRESSING THE SENSE OF THE the operation of its programs, and it is ceive a prompt and balanced resolution SENATE REGARDING THE UR- our firmly held belief that whenever of their complaints. GENT NEED FOR THE DEPART- discrimination occurs in the conduct of It appears that a number of those MENT OF AGRICULTURE TO RE- Government programs, the responsible previously investigated complaints SOLVE CERTAIN MONTANA CIVIL Government agencies should take have fallen into some sort of ‘‘black RIGHTS DISCRIMINATION CASES quick and aggressive action to remedy hole’’. Despite numerous phone calls Mr. BAUCUS (for himself and Mr. such discrimination. and concerted pressure, no progress has I am most concerned that over the BURNS) submitted the following resolu- been made in resolving these cases. We past year, such action has not been tion; which was referred to the Com- have been contacted by a number of taken by the U.S. Department of Agri- mittee on Agrilcuture, Nutrition, and Montanans who have shared horror sto- culture’s Office of Civil Rights. In fact, Forestry: ries about the treatment their cases many Montana civil rights cases that S. RES. 233 have received from the USDA’s Office my office and that of Senator’s BURNS Whereas there exists a strong public policy have been working with are seriously of Civil Rights. These complaints are against discrimination against minority backlogged in the system and have simply being ignored. The inadequacy groups, whether the discrimination is com- consequently remained unsatis- of this process is adding insult to in- mitted by private individuals or by the Fed- jury, keeping these producers in limbo eral Government in the operation of its pro- factorily addressed. We have worked hard with the Mon- and allowing their complaints to rest, grams; unresolved. These constituents cannot Whereas, whenever discrimination occurs tana Department of Agriculture’s in the conduct of a Federal Government pro- Farm Agency to resolve these cases. get on with their lives until the USDA gram, the responsible Federal Government The Director of the FSA and the State takes action. For those who have justi- agency should take quick and aggressive ac- FSA Committee has worked hard to re- fied complaints, this delay is another tion to remedy the discrimination; solve any outstanding problems con- slap in the face. Whereas, last year, the Department of Ag- cerning its programs and have made This resolution expreses the sense of riculture was held accountable for certain certain that these kinds of problems to the Senate that USDA’s delays must civil rights violations against United States not occur in Montana. I commend their stop. These cases must be resolved agricultural producers in connection with soon. It is our intent that they be re- their attempted participation in lending pro- outreach efforts in ensuring the equi- grams of the Department; table delivery of the Agency’s pro- solved by March 1, 2000. These pro- Whereas, a significant number of Montana grams to all eligible Montana recipi- ducers has suffered too much already. civil rights petitioners have not received a ents. They cannot afford to wait any longer. timely, and equitable resolution of their We need a better working relation- We look forward to working with complaints; ship with the USDA’s Office of Civil members of other states affected by

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30623 this abuse of the civil rights program seq.) or the Surface Mining Control and Rec- construed as an explicit or tacit adoption, to resolve these complaints as quickly lamation Act of 1977 (30 U.S.C. 1201 et seq.), ratification, endorsement, approval, rejec- a possible.∑ as applied by the responsible Federal agen- tion, or disapproval of the opinion dated No- cies on October 19, 1999. vember 7, 1997, by the Solicitor of the De- f (d) PERIOD OF EFFECTIVENESS.—Notwith- partment of the Interior concerning mill- AMENDMENTS SUBMITTED standing any other provision of law repeal- sites. ing or terminating the effectiveness of this (b) PERIOD OF EFFECTIVENESS.—This sec- Act, this section shall remain in effect until tion— FURTHER CONTINUING the date of termination of the effectiveness (1) takes effect 1 day after the date of en- of the permitting procedures in accordance RESOLUTION, 2000 actment of the Act enacting H.R. 3194 re- with subsection (b). ferred to in subsection (a); and SEC. ll. HARDROCK MINING. (2) notwithstanding any other provision of (a) IN GENERAL.—For the purposes of sec- law repealing or terminating the effective- BYRD (AND OTHERS) AMENDMENT tion 1000(a)(3) of division B of the Act enact- ness of this Act, shall remain in effect unless NO. 2780 ing H.R. 3194 of the 106th Congress, in lieu of repealed by Act of Congress that makes spe- Mr. BYRD (for himself, Mr. MCCON- section 357 of title III of H.R. 3423 of the cific reference to this section. NELL, Mr. ROCKEFELLER, Mr. BUNNING, 106th Congress, as introduced on November 17, 1999, regarding the issuance of regulations Mr. REID, Mr. CRAIG, Mr. BRYAN, Mr. HELMS (AND OTHERS) on hardrock mining, the following shall AMENDMENT NO. 2781 HATCH, Mr. BENNETT, Mr. MURKOWSKI, apply: Mr. CRAPO, Mr. ENZI, Mr. BURNS, Mr. (1) HARDROCK MINING.—None of the funds Mr. LOTT (for Mr. HELMS (for him- KYL, Mr. BREAUX, Mr. SHELBY, Mr. made available under this Act or any other self, Mr. EDWARDS, and Mr. ROBB)) pro- GRAMM, and Mr. GRAMS) proposed an Act shall be used by the Secretary of the In- posed an amendment to the joint reso- amendment to the joint resolution terior to promulgate final regulations to re- lution, H.J. Res. 82, supra; as follows: vise subpart 3809 of 43, Code of Federal Regu- (H.J. Res. 82) making further con- At the appropriate place insert: tinuing appropriations for the fiscal lations, except that the Secretary, after the COMMODITY CREDIT CORPORATION PRODUCER- year 2000, and for other purposes, as end of the public comment period required by section 3002 of the 1999 Emergency Sup- OWNED MARKETING ASSOCIATIONS FORGIVENESS follows: plemental Appropriations Act (Public Law SEC. 1. The Secretary of Agriculture shall At the appropriate place, insert the fol- 106–31; 113 Stat. 89), may issue final regula- reduce the amount of any principal due on a lowing: tions to amend that subpart if the regula- loan made to marketing association incor- SEC. ll. DISPOSAL OF EXCESS SPOIL AND COAL tions are consistent with— porated in the State of North Carolina for MINE WASTE. (A) the regulatory gap findings identified the 1999 crop of an agricultural commodity (a) IN GENERAL.—Notwithstanding any in the report of the National Research Coun- by at least 75 percent if the marketing asso- other provision of law (including any regula- cil entitled ‘‘Hardrock Mining on Federal ciation suffered losses of the agricultural tion or court ruling), hereafter— Lands’’; and commodity in a county with respect to (1) in rendering permit decisions for dis- (B) statutory authorities in effect as of the which—(1) a natural disaster was declared by charges of excess spoil and coal mine waste date of enactment of this Act. the Secretary for losses due to Hurricane into waters of the United States from sur- (2) LIMITATION.—Nothing in this section ex- Dennis, Floyd, or Irene; or (2) a major dis- face coal mining and reclamation operations, pands the statutory authority of the Sec- aster or emergency was declared by the the permitting authority shall apply section retary of the Interior in effect as of the date President for losses due to Hurricane Dennis, 404 of the Federal Water Pollution Control of enactment of this Act. Floyd, or Irene under the Robert T. Stafford Act (33 U.S.C. 1344) and the section 404(b)(1) (b) PERIOD OF EFFECTIVENESS.—This sec- Disaster Relief and Emergency Assistance guidelines pursuant to section 404(b)(1) of the tion— Act (42 U.S.C. 5121 et seq.) Federal Water Pollution Control Act (33 (1) takes effect 1 day after the date of en- If the Secretary assigns a grade quality for U.S.C. 1344(b)(1)) and implementing regula- actment of the Act enacting H.R. 3194 re- the 1999 crop of an agricultural commodity tions set forth in part 230 of title 40, Code of ferred to in subsection (a); and marketed by an association described in sub- Federal Regulations (as in effect on October (2) notwithstanding any other provision of section (a) that is below the base quality of 19, 1999); law repealing or terminating the effective- the agricultural commodity, the Secretary (2) the permitted disposal of such spoil or ness of this Act, shall remain in effect unless shall compensate the association for losses waste meeting the requirements of the sec- repealed by Act of Congress that makes spe- incurred by the association as a result of the tion 404(b)(1) guidelines referred to in para- cific reference to this section. reduction in grade quality. graph (1) shall be deemed to satisfy the cri- SEC. ll. MILLSITES. Up to $81,000,000 of the resources of the teria for granting a variance under regula- (a) IN GENERAL.—For the purposes of sec- Commodity Credit Corporation may be used tions set forth in sections 816.57 and 817.57 of tion 1000(a)(3) of division B of the Act enact- for the cost of this provision: Provided, That title 30, Code of Federal Regulations, and ap- ing H.R. 3194 of the 106th Congress, in lieu of the entire amount is designated by the Con- plicable State regulations; and section 337 of title III of H.R. 3423 of the gress as an emergency requirement pursuant (3) Federal and State water quality stand- 106th Congress, as introduced on November to section 251(b)(2)(A) and prevent sequestra- ards shall not apply to the portions of waters 17, 1999, regarding the millsites opinion, the tion of the Balanced Budget and Emergency filled by discharges permitted pursuant to following shall apply: Deficit Control Act of 1985, as amended. the procedures set forth in paragraphs (1) (1) MILLSITES OPINION.—No funds shall be SEC. 2. In administering $50,000,000 in emer- and (2); all applicable Federal and State expended by the Secretary of the Interior or gency supplemental funding for the Emer- water quality standards shall apply to all the Secretary of Agriculture, for fiscal years gency Conservation Program, the Secretary portions of waters other than those filled 2000 and 2001, to limit the number or acreage shall give priority to the repair of structures pursuant to the permitting procedures set of millsites based on the ratio between the essential to the operation of the farm. forth in paragraphs (1) and (2). number or acreage of millsites and the num- f (b) DURATION OF EFFECTIVENESS.—The per- ber or acreage of associated lode or placer mitting procedures specified in subsection claims with respect to— ADDITIONAL STATEMENTS (a) shall remain in effect until the later of— (A) any patent application excluded from (1) the date that is 2 years after the date of the operation of section 112 of the Depart- enactment of this Act; or ment of the Interior and Related Agencies TRIBUTE TO GRAHAM STILES (2) the effective date of regulations pro- Appropriations Act, 1995, by section 113 of NEWELL mulgated to implement recommendations that Act (108 Stat. 2519); made as a result of the environmental im- (B) any operation or property for which a ∑ Mr. JEFFORDS. Mr. President, it pact statement relating to the permitting plan of operations has been approved before gives me great pleasure to stand before process, the preparation of which was an- the date of enactment of this Act; or the Senate today and pay tribute to a nounced at 64 Fed. Reg. 5800 (February 5, (C) any operation or property for which a man who has greatly influenced the 1999). plan of operations, or amendment or modi- cultural maturity of my home state of (c) EFFECT OF SECTION.—Nothing in this fication to an existing plan, was submitted Vermont. Graham Stiles Newell will be section modifies, supersedes, undermines, to the Bureau of Land Management or the displaces, or amends any requirement of, or Forest Service before May 21, 1999. honored as Citizen of the Year by the regulation issued under, the Federal Water (2) NO RATIFICATION.—Nothing in this Act Vermont Chamber of Commerce on De- Pollution Control Act (commonly known as or the 1999 Emergency Supplemental Appro- cember 4, 1999. Graham has made ex- the ‘‘Clean Water Act’’) (33 U.S.C. 1251 et priations Act (Public Law 106–31) shall be traordinary contributions to Vermont

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30624 CONGRESSIONAL RECORD—SENATE November 18, 1999 in many areas throughout his life. And to 1969, his many successes included se- three sons and their families, will he has made his biggest contributions curing a permanent home for the orga- enjoy spending more time with her. in one area in which I have spent a nization in the historic Pavilion Office Barb will be sorely missed by the en- great deal of legislative energy—edu- Building in Montpelier. He has also tire Oakwood Elementary School com- cation. served on a number of commissions, in- munity, however I extend my best Graham Newell probably learned to cluding the Commission on Interstate wishes for a healthy, enriched and re- read before he learned to walk. I under- Cooperation, the Historic Sites Com- warding retirement.∑ stand that he first secured a library mission, the Commission to Study f card at the Saint Johnsbury Atheneum State Government (or ‘‘Little Hoover’’ when he was in the first grade. Since as we called it), the Vermont Civil War 30TH ANNIVERSARY OF THE SAN then, he has been passing on his knowl- Centennial Commission, the board of DIEGO REGIONAL PRINTING FA- edge to anyone willing to learn, and managers of the Council of State Gov- CILITY OF THE JOHN H. that number is larger than you can ernments, and the Education Commis- HARLAND COMPANY imagine. After graduating from the sion of the States. In addition, the ∑ Mrs. FEINSTEIN. Mr. President, this University of Chicago in 1938, he thousands of people who check into the year marks the 30th anniversary of the launched an incredible career in edu- Northeastern Vermont Regional Hos- San Diego Regional Printing Facility cation, one that touched three genera- pital each year should be thankful to of the John H. Harland Company. tions of many Vermont families. Graham as he is largely responsible for The John H. Harland Company was Graham has been a leader in its existence. I could go on, but I’m founded in 1923, and is the second larg- Vermont education in both the profes- afraid it would take the remainder of est check printer in the United States. sional and legislative arenas. In the this session of congress to do so. The John H. Harland Company last seven decades he has been a teach- I am thankful for the opportunity to opened its doors in California in 1969. er at the Junior High, High School, and provide my colleagues with a shining Today, the San Diego Regional Print- College level, and will undoubtably example of a real Vermont renaissance ing Facility employs 249 employees and keep teaching well into the next mil- man. I join countless Vermonters in of- fills 98,900 orders per week. The jobs lennium. Graham began his teaching fering my heartfelt congratulations this facility has brought to our state career at his alma mater, Saint and gratitude to Graham Stiles Newell throughout the years have been of Johnsbury Academy, in 1938, and re- for his many years of hard work and great benefit to California. mained on the faculty for nine years. ∑ dedication to the citizens of Vermont. I offer my congratulations to the From 1945 to 1982 he taught history at f John H. Harland Company and its em- Lyndon State College full-time. After ployees on the occasion of its 30th An- ‘‘retiring’’ in 1982, he returned to the TRIBUTE TO BARB RABE niversary and wish it great, continued Academy to teach Latin, where you ∑ Mr. KOHL. Mr. President, I rise success in the future.∑ will still find him today. He also con- today to recognize the work of Barb tinued to teach one or two history Rabe, who retired after 29 years of f classes a semester at Lyndon State service in the Oshkosh School District. TRIBUTE TO MR. MICHAEL J. College until 1996. She began her career in the Oshkosh NAPLES Most people consider Latin a dead School District in 1970 at the Perry language, but if you were to enter Tipler Middle School as a Teachers As- ∑ Mr. LAUTENBERG. Mr. President, I Graham’s classroom today you would sistant, and then transferred to Oak- rise today to pay tribute to Mr. Mi- find it to be as alive and enjoyable as wood Elementary School where she chael J. Naples. ‘‘Napes,’’ as he is affec- ever. A testament to Graham’s teach- served for the next 27 years. During her tionately called by all who know him, ing skills was demonstrated at the years of service, Barb worked for six is retiring after 29 years of teaching at Academy in 1997, when 47 of his 52 principals, adapting to each new prin- Ocean City High School in New Jersey. Latin students, over 90 percent, made cipal’s style, and was always actively He has earned great respect from stu- honors on the National Latin Exam, an involved as the staff grew from 12 to 42 dents and peers alike. Each year the extremely challenging test taken by and the student population grew from students Mr. Naples’ taught and the over 90,000 students across the United 200 to 500. She worked hard at creating athletes he coached attest to his dedi- States. partnerships with staff, students and cation to excellence. Graham’s contributions to education families that would foster collabora- Although his first commitment was do not end in the classroom. While tion, cooperation and allegiance. to education, his enthusiasm for cross- teaching, he also served in the Barb’s strong work ethic, energy and country and track leave an enduring Vermont Legislature for over 25 years. enthusiasm will be missed. legacy at Ocean City High School. Mr. He was a member and chair of the While mastering the key elements of Naples’ cross-country record over the Vermont Senate Education Committee organization and flexibility, giving of last 21 years is 209 victories and 28 during the 1960s, helping to create her time and talent in serving the fac- losses. His track record is 133 wins and Vermont’s education laws. Indeed, the ulty and students of Oakwood School, only 8 losses. During his tenure as a self proclaimed Ambassador of the and showing love and appreciation for track coach, Mr. Naples led the Raiders Northeast Kingdom has positively af- students, she also came up with new to two state titles and coached 9 indi- fected every single student in the state ideas to adapt to the changing work vidual state champions. of Vermont over the last 30 years. In environment. She developed the com- His greatest moment as a coach came fact, his influence has even reached puterized milk and lunch money collec- during the 1989 cross-country season, students outside of Vermont, due to his tion program at the school, which when he inspired his girls’ team to cap- tenure on the New England Board of helped the school collect money more ture the first state title for an Ocean Higher Education. But Graham always efficiently and thoroughly. She also City High School team in 24 years! remained supremely faithful to the stu- purchased her own computer years be- Mr. President, it is often difficult to dents in his classroom, once even fore the school purchased them and say goodbye to a teacher who has teaching class over the phone from the took her work home to complete it in touched the lives of so many people. Vermont Statehouse. an organized fashion. When Oakwood This is a teacher whose former stu- One can look at Graham’s education School became computerized, she dents are continually coming back to accomplishments alone and see a life- played an instrumental role in the con- thank him for inspiring them, edu- time of work and success. However, his version process. The students and staff cating them and, most importantly, influence has touched many in other of Oakwood will miss her professional caring about them. My deepest respects fields as well. As President of the and positive demeanor, although her go to this inductee of the New Jersey Vermont Historical Society from 1965 husband of 45 years, Gordon, and their Interscholastic Athletic Association

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30625 Hall of Fame. He has left a lasting leg- are again in the final stages of adopt- historic Jewish sites in Greece. There acy of high academic standards and ex- ing another sibling group—this time, is now an active and impressive Jewish cellence in sports.∑ three older girls. Mr. and Mrs. Leech museum in Athens which has served as f also have three biological children. a focal point for this activity. These ef- They have a tremendous amount of forts have spawned a number of indi- NATIONAL ADOPTION MONTH HON- love and a strong commitment to all viduals to do their own family and ORS WEST VIRGINIA ADOPTION nine of their children. Recently, the group research; and I am pleased to re- ANGELS Leeches and their children visited the port that one of my constituents, Dr. ∑ Mr. ROCKEFELLER. Mr. President, I West Virginia Governor’s mansion Judith Mazza, has written an excellent rise today to honor three West Virginia where they were honored by First Lady account of her visit to Greece entitled, individuals who have recently been Hovah Underwood, for their commit- ‘‘First-time Traveler’s Impressions of awarded ‘‘Adoption Angel’’ awards by ment to children in need. Jewish Sites in Greece,’’ which was the Congressional Coalition on Adop- Judge Gary Johnson believes that all published in the spring 1999 issue of Kol tion. Larry and Jane Leech and Judge children in the foster care system de- haKEHILA. Dr. Mazza is descended Gary Johnson are truly ‘‘angels’’ in serve permanent homes. As the 28th from a Romaniote Jewish family from adoption. Judicial circuit judge, elected in 1992, Greece, and her article depicts suc- President Clinton recently pro- Judge Johnson has worked closely with cinctly the rich and enduring Jewish claimed November ‘‘National Adoption the West Virginia Department of cultural and religious legacy in Greece. Month’’. It is a good time to re-commit Health and Human Resources. He I recommend it to all those interested ourselves to doing all we can to ensure meets with them quarterly to review in the history of the Jewish people and that all children have the opportunity problems or identify issues that pre- ask that the article be inserted at this to grow up in safe, stable and perma- vent children in West Virginia from point in the RECORD. nent homes. achieving permanence in their lives. The article follows: During Adoption Month in 1997, the Judge Johnson continually increases [From Kol haKEHILA, Spring 1999] his own knowledge of the issues by at- Adoption and Safe Families Act, a bill A FIRST-TIME TRAVELER’S IMPRESSIONS OF I sponsored, was signed into law. This tending conferences on child welfare. JEWISH SITES IN GREECE The progress we have made since the act, for the first time ever, made chil- (By Dr. Judith Mazza) dren’s safety, health and opportunity passage of the 1997 Adoption Act is sig- nificant. Certainly the 211 West Vir- I first saw mention of the Jewish Museum for loving, stable families the para- of Greece, located in Athens, about twenty mount factors to consider when plan- ginia children who found families last years ago. Curious about my family history, ning for children in foster care. The act year, including the six children who I joined the Museum as an ‘‘American provided incentive bonuses for states now call Larry and Jane Leech ‘‘Mom’’ Friend.’’ Upon joining, I received a letter successful in increasing adoptions. and ‘‘Dad’’ know that. But over 400 from the founder (now Director Emeritus) of My state of West Virginia has made a West Virginia children are still waiting the museum, Nicholas Stavroulakis, con- lot of progress in moving kids out of and hoping to be adopted—over 100,000 cerning my family name (Mazza, Matsas, children in our nation are still waiting Matza, etc). I learned from that letter that foster care and into permanent homes. my family most probably was a Romaniote When the adoption bonuses for 1999 and hoping to be adopted. Too many of these chilldren are growing up in the family rather than a Sephardi family. I then were announced, I was proud that West understood why my father’s family never Virginia, because three of our state’s insecurity of foster care. Too many of spoke Ladino (judaeo-espanol). My father, children. Brian, Shawn and Sarah them are becoming teenagers without a born in the United States, spoke Greek at Keane, had the honor of introducing permanent family. home, as did his parents (who emigrated to President Clinton the day the bonuses And that is why we need ‘‘National the United States in the early 1900s from were announced. The 3 Keane children Adoption Month’’. We need opportuni- Ionnina and Corfu). ties to honor the angels in adoption My husband and I were curious to visit along with 208 more West Virginia fos- like the Leeches and Judge Johnson. Jewish sites in Greece. My interest had been ter children moved in with their adop- And we need the opportunity to pub- stimulated by the book Jewish Sites and tive families in 1998. licly re-new our commitment to ensur- Synagogues of Greece (Athens, 1992) by Our State is working hard to increase ing that all children have the oppor- Stavroulakis and Timothy DeVinney. Prior public awareness of adoption and chil- to reading this book, I knew little about the tunity for permanent adoptive homes. dren needing homes. A quarterly news- communities that had existed in Greece I am pleased to join the other mem- prior to World War II. I did not have the op- letter, ‘‘Open Your Heart, Open Your bers of the Congressional Coalition on Home’’ features stories of waiting chil- portunity to travel to Greece until Novem- Adoption in honoring more than 50 ber 1998. As soon as I knew I would be in Ath- dren and successful adoptive families. ‘‘Angels of Adoption’’ from around the ens, I attempted to contact the Jewish Mu- In May, Dave Thomas came to West country. I am doubly pleased that 3 of seum of Greece. Kol haKEHILA, was the first Virginia for the third annual Foster these angels are from West Virginia. internet source to give me a way to contact and Adoptive Parent Recognition Day, And I pledge to continue to work on the museum by e-mail. to recognize adoptive parents who pro- legislation that will help all of West By e-mail, I asked the museum’s curator, vide homes for children with special Zanet Battinou, to help find us a knowledge- Virginia’s, and America’s foster chil- able guide for our day in Athens. She rec- needs. dren have the opportunity that the We have been able to make this ommended Dolly Asser. In addition to vis- Leech children now have, the chance to iting ancient sites in Athens that day, Ms. progress largely as a result of the ef- grow up in a permanent, loving family. Asser also took us to the Jewish Museum of forts of the individuals who were hon- I urge my colleagues to dedicate Greece, and to the two modern synagogues in ored by the Congressional Coalition on themselves to this effort as well.∑ Athens. Adoption, and other dedicated and f ATHENS hard-working West Virginians like We began our day at the Museum. It had them. Let me tell you a little about JEWISH HISTORY IN GREECE recently relocated and now occupies an en- these ‘‘angels’’. ∑ Mr. SARBANES. Mr. President, in tire building in the Plaka neighborhood. The Larry and Jane Leech have been fos- recent years there has been renewed in- museum has a number of floors, each with a ter parents for many years, opening terest in the early history of the Jew- different focus. As a first-time visitor, I their home and their hearts to children ish community in Greece. The Hellenic found it interesting to see historic artifacts, in need of both. Working with the West and Jewish peoples have had a long and documents, clothing and a wide variety of re- Virginia Department of Health and ligious and domestic objects. There is a re- constructive relationship, and that search library on the top floor. School chil- Human Resources, the Leeches adopted interaction has been one of the founda- dren arrived as we were leaving, so appar- a sibling group of three young boys, tions of Western civilization. ently a visit to the Jewish Museum of Greece twins age 4 and an older brother, age 6, An important part of this historical has become a part of the public school cur- in 1998. Now, a year later, the Leeches movement is the renewed research on riculum.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30626 CONGRESSIONAL RECORD—SENATE November 18, 1999 After we left the museum, we visited the We also visited the Jewish Museum of communications and the Internet. There are two synagogues. They are located on Rhodes, located next to the synagogue. This some dedicated people working in disparate Melidoni Street, immediately across the is a new museum in its first stage of develop- organizations to preserve and memorialize street from one another. The street is gated ment. Aron Hasson, a Los Angeles attorney Greek Jewish sites and culture. Now they and guarded by an armed policeman as a pre- whose family came from Rhodes, founded it. need to recognize the gestalt effect that caution against potential terrorist incidents. The museum currently consists of one room would result from closer cooperation. We first went to the Beth Shalom syna- with white rustic walls and a curved ceiling. We came away from our experience want- gogue, which is the only actively used syna- When we were there, the museum exhibition ing to learn more about the various commu- gogue for the 3,500 Jews in Athens today. Ms. consisted of photographs and other printed nities that only existed in the past, and also Asser introduced us to Rabbi Jacob Arar, materials. those which continue to survive. We hope who studied in France and Israel, inasmuch TOURISM TO JEWISH SITES IN GREECE that others will become interested in explor- as there are no rabbinical schools in Greece. We knew that the Jewish population in ing and preserving Jewish heritage in The outside of the building has simple lines Greece had been decimated by the Holocaust, Greece. The best way to do this and to at- and is faced in white marble. The interior of and that only remmants of that once-thriv- tract Jewish tourists is to make information the synagogue is mostly wood paneled and ing community remains there. However, as a about Jewish sites more readily available. has a warm and comfortable feeling. traveler and tourist, I have been stuck by We hope that the various organizations and Directly across the street is the Ianniotiki the difficulty in obtaining information about interested parties will work together to that synagogue, which had been built by Jewish sites and Jewish history of Greece. I end.∑ Romaniote Jews from Ionnina. It is located do not understand why one organization or on the second floor of the building. The resource does not reference another. Organi- f lower floor houses the Athens Jewish com- zations that have websites or access to the munity offices. We obtained the key to the Internet should have hypertext links to synagogue from the office staff and walked other Greek Jewish organizations, including IN RECOGNITION OF THE FOURTH through a hallway into a courtyard. The e-mail links to facilities that may not yet BIRTHDAY OF THE PROVIDENCE courtyard was fully paved except for a small have a website. GAY MEN’S CHORUS area from which one large palm tree grew. There should be a list of bibliographic ref- We walked up the narrow exterior stairs to a erences about Greek Jewry and Jewish tour- ∑ Mr. REED. Mr. President, I rise walkway, and unlocked the door. This syna- ist sites in Greece. When we were in the Jew- today to pay tribute to the Providence gogue was smaller and seemed older than the ish Museum of Greece shop in Athens, I was Gay Men’s Chorus, which celebrated its synagogue across the street. We later stunned to find an English language book fourth anniversary on November 14, learned that it is mostly used for special oc- about the Jews of Ionnina (Dalven, R., The casions. It is elegant in its simplicity. 1999. I would like to thank the Chorus Jews of Ioannina, Philadelphia, 1992). I pur- for its four years of community in- RHODES chased the book immediately! Likewise, it volvement, during which time the We had the opportunity to see one other was through word of mouth from both Jewish site in Greece when we stopped in Yitzhak Kerem (publisher of the electronic members have shared not only their Rhodes a few days later. We had seen a newsletter Sefarad) and Elias Messinas (edi- melodious voices with the citizens of website for the Jewish Museum of Rhodes tor of Kol haKEHILA) that I learned of the Rhode Island, but also their hopes and before our travels began at fascinating book written by Dr. Michael ambitions for a better world. www.RhodesJewishMuseum.org. We sought Matsas entitled The Illusion of Safety; The The Providence Gay Men’s Chorus, out the island’s synagogue and adjacent mu- story of the Greek Jews During the Second which began in 1995 as a group of eight, seum. Finding the street in the old walled World War (New York, 1997). In reading these city of Rhodes was not too difficult, as it was books and in speaking with both Messinas now has 50 members. In addition to clearly labeled and the synagogue is noted and Kerem whom I recently met in Jeru- their musical talent, one of the at- on tourist maps. As we walked toward the salem, I understand that the Greek Jews, un- tributes that is most unique about the synagogue and museum, we knew that we like Jews in some other parts of Europe, had Chorus, and most appreciated, is the were in what had once been the Jewish quar- ample opportunity to flee or hide from the group’s mission to promote tolerance. ter of the city. We could see Hebrew inscrip- Nazis. In instance after instance the warn- As we know, the real work of fostering tions above some of the doorways, signifying ings of the catastrophic consequences of not support for people with diverse back- houses built by prominent Jewish families. fleeing or hiding were not disseminated, or grounds and lifestyles usually happens However, many of these buildings appeared the seriousness of the situation was mini- to be in a state of disrepair. Unfortunately, mized. The communication among the com- slowly, and within the context of we had no information about the buildings munities was poor. shared activities and community. The and knew virtually nothing about the Jewish When we visited Rhodes, we stood on its Providence Gay Men’s Chorus reaches community that once existed here. acropolis and clearly saw the Turkish coast out with its concerts to expand the As we walked, we could see through iron only 11 miles away. It was difficult to come bounds of community. By helping to gates, that some buildings had interior to terms with the complacency of the Jewish create an atmosphere of tolerance and courtyards with interesting floor patterns population of Rhodes in 1944 that resulted in understanding, their work benefits not their slaughter. They were among the last formed by smooth black and white stones. In only the citizens of Rhode Island, but some courtyards, the stone patterns were in- Greek Jews to be sent to Auschwitz. By 1944, tact, while in others the patterns were quite other communities in Greece had already ultimately the entire nation. deteriorated. been eliminated. Safety lay only eleven I am pleased to make it known that We could not find the synagogue itself, but miles away. The Jews of the city of Rhodes November 14, 1999 was not only the luckily, we asked directions from an elderly did not even flee to the island’s countryside. fourth anniversary of the Chorus, but woman. Lucia Modiano Sulam turned out to Perhaps a reader can explain this puzzling also was declared Providence Gay be the keeper of the synagogue and was kind apparent fact. Men’s Chorus Day in the State of enough to guide us to it. She was a Holo- The lesson today seems clear. To preserve caust survivor, with tattooed numbers on her the remnants of the Greek Jewish heritage, Rhode Island. Mr. President, I ask that forearm. various interested organizations should co- a gubernatorial proclamation from the We were quite unprepared for what we operate with the another. They should use Governor of my home state of Rhode found when we entered Kahal Shalom syna- electronic hypertext links to cross-reference Island proclaiming November 14th as gogue. The synagogue, in very good condi- one another whenever possible. The Jewish ‘‘Providence Gay Men’s Chorus Day’’ tion, was more elaborate than the syna- Museum of Greece in Athens should have in- be printed in the CONGRESSIONAL gogues we had seen in Athens. Crystal chan- formation about Jewish sites throughout RECORD. deliers hung from the ceiling. Beautiful car- Greece, including other museums, such as pets lay on the floor. The mosaic floor inside the one in Rhodes. Likewise, the Jewish Mu- I join in the chorus of voices sup- was made of the same black and white seum of Rhodes should link to as many Jew- porting the Providence Gay Men’s Cho- smooth stones that we had seen elsewhere. ish sites throughout Greece as possible. rus’ dual mission of creating beautiful Here, the stones were arranged in more Books, bibliographies and brochures about music and promoting mutual respect elaborate patterns. Chairs were placed on the Jewish sites throughout Greece should be and understanding. I know this tal- two long sides of the interior and the wooden made available at each of the sites and at ented musical group will continue its bimah was in the middle of the room. Tourist Offices. Never again should the Jew- Just outside the synagogue entrance is a ish community of Greece be weakened by good work and I wish them many, courtyard which has a stone mosaic floor. It poor communication among various compo- many more birthdays. is well preserved. nents. Certainly, not in this age of electronic The proclamation follows:

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30627 STATE OF RHODE ISLAND AND PROVIDENCE Washington County’s three State Sen- sure that Russian weapons-grade, high- PLANTATIONS—GUBERNATORIAL PROCLAMA- ators, a role in which he has thrived for ly-enriched uranium does not fall into TION over three decades. As a skilled teacher the wrong hands. We need to live up to Whereas, the Providence Gay Men’s Chorus and a master of parliamentary rules, our agreement with Russia and was first conceived in a karaoke bar in Prov- Bill has been an invaluable mentor and strengthen our nuclear, chemical and idence in October 1995. The first meeting of biological nonproliferation program its original eight members from Rhode Is- mediator in the Vermont State House. land and Massachusetts was held in Novem- Bill has written two books, including with that nation. Our future could well ber 1995, in a home in Pawtucket. The name The Vermont Political Tradition, depend on it. Providence Gay Men’s Chorus (PGMC) was which is regarded by many to be a I believe that Mr. Wagner’s articles decided on after some deliberation and the ‘‘must read’’ on Vermont political his- will be of interest to all of us in Con- group was then underway with a music direc- tory. He has also taken his passion for gress who care about these issues, and tor and an accompanist; and, government and politics and created I ask that they be printed in the Whereas, the mission of the PGMC is to the annual ‘‘Doyle Poll,’’ our yearly RECORD. provide and foster continuing growth of The articles follow. men’s voices. Through the sharing of song gauge of public opinion on the hottest [From the San Francisco Chronicle, Oct. 22, concerts, the PGMC hopes to foster mutual and sometimes most controversial 1999] understanding, tolerance and support of peo- issues facing Vermonters. While admit- ple with diverse backgrounds and lifestyles; tedly unscientific, the poll’s results are U.S. MUST MOVE QUICKLY TO BUY RUSSIA’S and, soundly reflective of Vermont senti- EXCESS NUKES Whereas, the membership started to blos- ment. (By Brett Wagner) som during the first year and moved to St. As the son of an art teacher, I have Without a doubt, what’s been most frus- James Episcopal Church in North Provi- always held a deep respect for the arts trating about being a national security spe- dence. During this year, the first board was cialist in the 1990s has been urging that the also formed and the first concert was held in and for those who are able to inspire United States buy the hundreds of tons of Warcham, Massachusetts with 12 members; creativity in our nation’s young peo- undersecured excess weapon-grade uranium and, ple. Olene Doyle has taught art in ele- scattered across Russia—only to repeatedly Whereas, the chorus kept growing and mentary, secondary, and higher edu- hear in response that this could never hap- moved again. This time to the Bell Street cation institutions in the central pen in the real world because of Washing- Chapel in Providence, where the now 35- Vermont region. Her dedication to arts ton’s never-ending struggle to balance the member chorus was performing two seasons and education led her to volunteer po- federal budget. per year with three concerts per season. It My, how things change. was at the Bell Street Chapel that the PGMC sitions on the local school board in Today, Washington is awash in an unprece- achieved their first sell out audience; and, Montpelier, as well as on the board of dented trillion-dollar budget surplus—a sur- Whereas, as membership approached 40 the Wood Art Gallery, where, inci- plus expected to surpass $100 billion in the members, the chorus moved once again to dently, I now hold the annual Congres- next fiscal year alone. the First Unitarian Church in Providence. sional Arts Competition. Politicians from both major parties are During this time, the PGMC joined the na- Bill and Olene raised three wonderful busy, of course, debating what to do with all tional choral organization for gay and les- children. However, they have never the extra money. Unfortunately, neither party has even mentioned Russia’s offer to bians called GALA and received its first cor- stopped teaching as evidenced by their porate sponsorship; and, sell its enormous stockpiles of excess weap- Whereas, the chorus is now approaching its ongoing community service and in- on-grade uranium to the United States as fourth birthday, has a membership of 50 and volvement in their local church and quickly as possible in exchange for badly is back at the Bell Street Chapel. The mem- non-profit organizations. Given the needed hard currency. bers will be performing series of concerts in countless hours they dedicate to com- Congressional and presidential priorities November, singing at First Night 2000, and munity service, it is noteworthy that aside, it’s hard to imagine a better time to initiating a scholarship program. Future the couple finds the time to pursue per- reconsider this issue. plans for the chorus are to bring a program By now, almost everyone who reads the sonal hobbies such as golf and gar- newspaper or watches the evening news to the Hasbro’s Children’s Hospital, perform dening. And while I have never had the to mainstream audiences throughout the knows that Russia has yet to develop any re- city and state, and attend the national privilege of seeing the Doyle gardens, I liable means of securing its enormous stock- GALA conferences; and, have been told they are a vibrant re- piles of weapon-grade uranium and pluto- Whereas, on November 14, 1999 the chorus flection of the dedication which Bill nium. It doesn’t even have an accounting will hold a concert at the Newport Congrega- and Olene give to everything they do. system capable of keeping track of them. tional Church, under the direction of Charles I am thankful for the opportunity to And as the media often remind us, these Pietrello and the accompaniment of Bruce materials have already begun leaking into express my heartfelt praise. I can think the West—troubling news, to say the least, Ruby; of few couples more worthy of this Now, therefore, I, Lincoln Almond, Gov- considering that: ernor of the State of Rhode Island and Provi- award. Years of partnership and devo- The blueprints and non-nuclear compo- dence Plantations, do hereby proclaim No- tion to each other have inevitably nents necessary to build crude but highly ef- vember 14, 1999, as Providence Gay Men’s spilled over into the Vermont commu- fective nuclear weapons are already widely Chorus Day.∑ nity, where Bill and Olene have truly available; It only takes 20 or 30 pounds of highly en- f made their mark as two of Vermont’s riched uranium to arm a device capable of most influential and giving people.∑ TRIBUTE TO WILLIAM AND OLENE leveling a city the size of downtown Wash- DOYLE f ington; Rogue states and terrorist groups openly ∑ Mr. JEFFORDS. Mr. President, I am BRETT WAGNER ON RUSSIAN hostile to the United States have already at- proud to stand before my colleagues NUCLEAR MATERIALS tempted several times to purchase nuclear today and pay tribute to a couple who ∑ Mr. KENNEDY. Mr. President, it is warheads or material from Russian nuclear have so positively influenced the peo- important that we remember how vital workers; There is no reliable way of keeping a nu- ple of Washington County, Vermont our nuclear nonproliferation programs clear weapon or contraband from being over the course of their lives. William with Russia are to our national secu- smuggled into U.S. territory if it ever does and Olene Doyle will be honored as the rity. That’s why I was pleased, in re- fall into the wrong hands. Washington County Citizens of the cent weeks, to see two articles by Brett What most people don’t seem to remember, Year by the Green Mountain Council of Wagner in the San Francisco chronicle however, is that for several years now Russia Boy Scouts on November 22nd, 1999. and in the Wall Street Journal, which has been trying to sell these same under- secured stockpiles of highly enriched ura- My old friend Bill Doyle has navi- I would like to submit for the RECORD. gated a well rounded career as a teach- Mr. Wagner is the president of the nium to the United States for use as nuclear fuel in commercial power plants and, what’s er, politician, and author. Since 1958, California Center for Strategic Studies, more, that an agreement designed to help he has been teaching history and gov- and his articles bring much needed at- further this goal was signed by President ernment at Johnson State College. In tention to an essential aspect of our Clinton and Russian leader Doris Yeltsin in 1968, he was elected to serve as one of nuclear nonproliferation policy—to en- February 1993.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 30628 CONGRESSIONAL RECORD—SENATE November 18, 1999 Unfortunately, that agreement is a full bination locks and soldiers who occasionally The PRESIDING OFFICER. Without year behind schedule, with shipments from desert their posts in search of food. Small objection, it is so ordered. 1993 through 1999 representing only 80 tons of caches of these nuclear materials have al- highly enriched uranium—30 tons short of ready begun leaking out of Russia. It would f the minimum goal by the end of its seventh only take 20 or 30 pounds of highly enriched NATIONAL SALVAGE MOTOR VEHI- year in force. Moreover, even if the agree- uranium to arm a device capable of leveling CLE CONSUMER PROTECTION ment were moving ahead at full speed, it a city the size of lower Manhattan. ACT would still cover only a fraction of Russia’s In February 1993 Presidents Clinton and excess weapon-grade uranium (500 of 1,200 Boris Yeltsin signed an agreement for Russia Mr. LOTT. Mr. President, I am proud tons), and none of its plutonium. A frus- to sell the U.S. highly enriched uranium ex- to add the American Automobile Asso- trated Russia can’t understand why America tracted from its dismantled nuclear war- ciation (AAA) and the California DMV wants to move so slowly. heads in exchange for hard currency. Russia to the long list of organizations that Meanwhile, terrorism is spiraling out of is currently dismantling thousands of war- support S. 655, the National Salvage control in and around Moscow, war is break- heads. Unfortunately, this unprecedented op- Motor Vehicle Consumer Protection ing out again in the Caucus and the nuclear portunity to advance U.S. and international Act that I introduced during this ses- materials from thousands of dismantled Rus- security has fallen behind schedule at nearly sian warheads continue to pile up in poorly every turn, primarily because Washington is sion to protect consumers from title protected makeshift warehouses scattered constantly distracted by less important fraud. across several time zones, many of them far issues. So far Russia has shipped only 50.5 Other supporters of my title branding from the central government’s watchful eye. tons of highly enriched uranium—almost 30 legislation include the American Asso- All of which begs the question: How long tons short of the agreement’s stated goal by ciation of Motor Vehicle Administra- can things go on this way, before we run out this point. tors (AAMVA), state DMV directors of luck? Or, in other words, how long can One major holdup has been the U.S. enrich- around the country, the Michigan Sec- Russia’s hundreds of tons of missile mate- ment Corp., a recently privatized company retary of State and other Secretaries of rials be stored so haphazardly before small selected by the U.S. government to imple- but significant amounts begin winding up in ment the American side of the accord. It has State, the International Union of Po- the hands of terrorists or rogue states? resisted accepting delivery of Russia’s en- lice Associations AFL–CIO, Inter- The time has come for Washington to fi- riched uranium because, among other rea- national Association of Auto Theft In- nally put its money where its mouth is and sons, it claims that the materials are not vestigators, National Odometer and use part of the enormous budget surplus to pure enough for U.S. nuclear plants. But the Title Fraud Enforcement Association, purchase as much of Russia’s fissile mate- corporation has a fundamental conflict of in- American Automobile Manufacturers rials—both uranium and plutonium—as Mos- terest. Since it also produces enriched ura- Association, Association of Inter- cow is willing to sell, and as quickly as Mos- nium, it wants to limit Russian competition national Automobile Manufacturers, cow is wiling to sell them. in the international market. The case for taking such a bold step should The question is: How long do we have be- National Automobile Dealers Associa- be easy to make with the American people. fore we run out of luck? How long before tion, National Association of Minority First, the sticker price would be remark- some of Russia’s uranium winds up in the Automobile Dealers, National Inde- ably low—less than $20 billion. And since the hands of terrorists like Osama bin Laden or pendent Automobile Dealers Associa- U.S. government would presumably one day regimes like Saddam Hussein’s? tion, Honda North America, Nissan sell most or all of the uranium and pluto- Washington should switch the power of ex- North America, Carfax, CarMax, Amer- nium for use as nuclear fuel, the expense ecutive agent from the U.S. Enrichment would not have to be counted as an expense— ican Service Industry Association, Corp. to the Department of Energy. Given American Automotive Leasing Associa- an argument sure to resonate well with fis- that most of the delays in implementing the cal conservatives eager to keep pace with agreement have stemmed from America’s in- tion, American Car Rental Association, Gramm-Rudman. sistence that the highly enriched uranium be American Salvage Pool Association, Second, one could compare the price tag blended down into nuclear fuel in Russia, Automotive Engine Rebuilders Asso- with the hundreds of billions of dollars Washington should reverse this policy and ciation, Automotive Parts and Acces- America spent to defend itself and its allies accept Moscow’s offer to ship its undiluted sories Association, Automotive Parts against nuclear weapons during the Cold uranium directly to the U.S. Rebuilders Association, National Asso- War; the trillion dollars of human life that As soon as the agreement gets back on would result if a small nuclear device were ciation of Fleet Resale Dealers, Na- track, Washington should ask Moscow to ex- tional Auto Auction Association, and ever successfully detonated in a place such pand it to include all of Russia’s excess as downtown Washington; and the billions of weapon-grade uranium, not to mention its State Farm Insurance. dollars that rogue states and terrorist groups excess plutonium. It makes no sense to pur- I also think it is worth recognizing 23 have already offered Russian nuclear work- chase one stockpile of unsecured fissile ma- of our colleagues who have actively ers for extremely small amounts of the same terial while leaving others in jeopardy. signaled their intention to protect mo- nuclear material. The pricetag for such a deal would be re- torists in their state and throughout And there is the tremendous sense of relief markably low. The cost of purchasing 500 in purchasing the very stuff that for so long the nation by formally supporting S. tons of Russia’s highly enriched uranium, threatened America’s very survival, and 655. Senators MCCAIN, BREAUX, STE- the quantity covered in the agreement, is ap- which now threatens the whole world. VENS, CONRAD, BURNS, HUTCHISON, proximately $8 billion. Beyond what the With the 2000 election cycle beginning to agreement covers, Moscow has some 700 tons FRIST, ABRAHAM, MACK, WARNER, BEN- pick up steam, and with the possibility of a of additional weapons-grade uranium it has NETT, SESSIONS, MURKOWSKI, SHELBY, viable third-party presidential candidate deemed ‘‘excess.’’ That would increase the INHOFE, GRAMS, THOMAS, ROBERTS, growing by the day, one would think that price to around $19 billion. And for an addi- HATCH, THOMPSON, ENZI, KYL, and the two major parties would be scrambling tional $1 billion or $2 billion. Moscow would to take the lead on this most serious of na- HUTCHINSON are to be commended for probably throw in its excess weapon-grade tional Security issues. cosponsoring this important consumer plutonium, which it has also been trying to protection measure. sell for use as nuclear fuel. [From the Wall Street Journal, Sept. 9, 1999] The American Automobile Associa- With Russian parliamentary elections tion represents over 40 million drivers. NUKES FOR SALE scheduled for later this year and a presi- (By Brett Wagner) dential election next June—which may well It is a nonpartisan organization that Strangely absent from the debate over how bring in a government less friendly to the champions the interests of the driving to spend Washington’s projected $1 trillion West than Mr. Yeltsin’s—the time to act is public in virtually every city, county, surplus has been any discussion of Russia’s now rather than later.∑ and state across this great land. AAA longstanding offer to sell its stockpiles of ex- f supports S. 655 because it shares my be- cess weapon-grade uranium. The time has lief that national standards for titling come to take Russia up on this offer. MORNING BUSINESS salvage, rebuilt salvage, non-repairable Russia has never developed a reliable sys- Mr. MURKOWSKI. I ask consent that and flood damaged vehicles will help tem for protecting the enormous stockpiles of weapon-grade uranium and plutonium it there be a period for the transaction of prevent the fraudulent sale of damaged inherited from the Soviet Union. These routine morning business, with any vehicles and protect consumers from stockpiles are often stored in makeshift Senator permitted to speak for up to 10 unknowingly purchasing them. Mr. warehouses, some protected only by $5 com- minutes. President, I ask unanimous consent to

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.002 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30629 print AAA’s letter of support for S. 655 to moving forward with this legislation porated throughout the legislative in the RECORD. in the Senate. Unfortunately, this re- process to address the concerns of There being no objection, the letter sistance has the effect of allowing State attorneys general, certain con- was ordered to be printed in the unsuspecting consumers to continue to sumer groups, and many of my col- RECORD, as follows: purchase and drive potentially life- leagues. The latest version of this leg- AAA WASHINGTON OFFICE, threatening vehicles. Delaying this leg- islation incorporates the full range of Washington, DC, November 17, 1999. islation will cost used car buyers an- changes that DMV administrators, in- Hon. TRENT LOTT, other $4 billion this year and place mil- cluding California’s Administrator, be- Majority Leader, U.S. Senate, Washington, DC. lions of structurally unsafe vehicles lieve are practicable. The substitute DEAR SENATOR LOTT: As a representative of back on America’s roads and highways. makes it very clear that there is no 42 million motorists, AAA appreciates your effort to establish more uniformity in the ti- Roads that our family, friends, and preemption of state law. The substitute tling and registration of salvage and other neighbors share every day. also mirrors much of the State of Cali- damaged vehicles. Even though S. 655 has wide-spread fornia’s current titling requirements, AAA shares your concern about the prac- support and follows the recommenda- ensuring that minimal change will be tice of unscrupulous individuals buying dam- tions of the Congressionally-chartered required by our largest state should it aged vehicles at low cost, rebuilding them, Salvage Advisory Committee, a few choose to apply for the bill’s grant and then retitling them in another state groups have attempted to undermine monies. with less or no protections. A ‘‘washed’’ title this measure at every stage of the Mr. President, even though I have does not disclose previous damage to a vehi- cle and therefore, subsequent purchasers process. Unfortunately, these groups made numerous compromises on this have no knowledge of the damage. Unwitting seemed to have convinced some of my legislation, the goal post continues to consumers are the victims of such fraudulent colleagues that it is better to delay the move further away. Instead of gaining practices. implementation of clearly needed con- acceptance, I was recently presented In an effort to help AAA members avoid sumer protections and continue to with yet another round of proposed the pitfalls of buying damaged or rebuilt ve- press for the imposition of untried, un- modifications. AAMVA reviewed these hicles, AAA provides tips on ways to identify tested and in many cases anti-con- proposed changes and determined they damaged or flood vehicles. AAA also rec- sumer requirements. Requirements would eviscerate the purpose of this ommends that consumers have used cars checked for safety and reliability by a rep- that states have rejected time and legislation. AAMVA opposes these ad- utable auto technician before they purchase again. Provisions that focus on post- ditional changes because they could po- the vehicle. purchase redress rather than pre-pur- tentially harm the very people this leg- Minimum standards for titling salvage, re- chase disclosure. Definitions and stand- islation aims to protect, create a built salvage, non-repairable and flood-dam- ards that would perpetuate confusion mountain of unnecessary paperwork, aged vehicles will help present the fraudu- rather than promote uniformity among and would create a substantial amount lent sale of damaged vehicles and protect the states, undermining the very pur- of bureaucracy with no added value. consumers from unknowingly purchasing pose of this legislation. These groups them. However, because states often have It makes no sense to adopt provisions unique and various problems relating specifi- claim to have the interests of con- that the experts on titling matters be- cally to salvage vehicles, AAA believes sumers in mind, yet the best represent- lieve are harmful to used car con- states should be provided flexibility to enact ative of car-buying consumers, the sumers, the very people this balanced stricter standards that address individual American Automobile Association, has legislation aims to protect. AAMVA, state concerns as your bill allows. rejected their approach and supports Secretaries of State, local and state S. 655 represents an important step toward passage of S. 655. law enforcement, state legislators, and addressing the problem, while recognizing As I am sure my colleagues will the automotive and insurance indus- the legitimate role states have in motor ve- agree, advancing titling definitions and hicle licensing and titling laws. AAA com- tries have repeatedly pronounced their mends your leadership in working with all standards that states have rejected, support for S. 655. AAA and the Cali- parties to craft a workable solution and is and will continue to reject, will only fornia DMV also agree that my sub- pleased to support your bill. exacerbate title fraud. Such an ap- stitute bill is the right legislative solu- Sincerely, proach only benefits those who prey on tion. SUSAN G. PIKRALLIDAS, unsuspecting car buyers and would Mr. President, if we do not pass this Interim Vice President, jeopardize the minimum standards re- legislation, the real loser is the unfor- Public & Government Relations. quired to make the program work, un- tunate used car buyer in these and Mr. LOTT. Mr. President, my goal necessarily harm many vehicle owners other states who unknowingly pur- from the outset has been to protect and buyers by needlessly reducing the chases a wreck on wheels, perhaps a used car buyers from title fraud. The value of their vehicles, create unrea- previously totaled government crash solution I proposed was simple, sonable or untested standards, foster test vehicle. Every day that Congress straightforward, and modeled after the unnecessary litigation, impinge on fails to act on this prudent title brand- recommendations of the Motor Vehicle states rights, and promote a scheme ing legislation, thousands of individ- Titling, Registration, and Salvage Ad- that states will reject. uals are harmed and millions of dollars visory Committee. S. 655 merely estab- During the 104th and 105th Con- are lost to the unscrupulous practice of lishes model uniform definitions and gresses, this was a bipartisan, better title laundering. Let’s pass this bill disclosure requirements for four basic yet nonpartisan, initiative. My only in- now. terms: salvage; rebuilt salvage; flood; terest has been to protect consumers f and nonrepairable vehicles. Under the by encouraging the use of minimal uni- legislation reported out by the Senate form disclosure standards for severely S. 1949 Commerce Committee, states would be damaged vehicles—those involved in a Mr. LEAHY. Mr. President, I ask free to utilize additional terms and to serious accident, severely damaged by unanimous consent that the text of the provide additional disclosures beyond falling objects, or vehicles that have bill, S. 1949, the ‘‘Clean Power Plant those provided for in this bill. States sustained significant and lingering and Modernization Act,’’ introduced on that choose to adopt the four uniform water damage. Whether the used car November 18, 1999, be printed in the terms and related provisions would be buyer is in Mississippi, California, Ne- RECORD. eligible for incentive grants. No state vada, Minnesota, or in any other state, There being no objection, the bill was would be penalized for non-participa- he or she needs the pre-purchase disclo- ordered to be printed in the RECORD, as tion or for retaining different stand- sure information that S. 655 would pro- follows: ards. vide. S. 1949 While there is substantial and broad I have made every effort to reach Be it enacted by the Senate and House of Rep- support for this much needed legisla- consensus on this legislation. In that resentatives of the United States of America in tion, there continues to be resistance vein, a number of changes were incor- Congress assembled,

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.003 S18NO9 30630 CONGRESSIONAL RECORD—SENATE November 18, 1999 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (5) since, according to the Department of (C) the number of mercury advisories na- (a) SHORT TITLE.—This Act may be cited as Energy, the average combustion heat rate ef- tionwide increased from 899 in 1993 to 1,675 in the ‘‘Clean Power Plant and Modernization ficiency of fossil fuel-fired power plants in 1996, an increase of 86 percent; Act of 1999’’. the United States is 33 percent, 67 percent of (17) pollution from powerplants can be re- (b) TABLE OF CONTENTS.—The table of con- the heat generated by burning the fuel is duced through adoption of modern tech- tents of this Act is as follows: wasted; nologies and practices, including— Sec. 1. Short title; table of contents. (6) technology exists to increase the com- (A) methods of combusting coal that are Sec. 2. Findings and purposes. bustion heat rate efficiency of coal combus- intrinsically more efficient and less pol- Sec. 3. Definitions. tion from 35 percent to 50 percent above cur- luting, such as pressurized fluidized bed com- Sec. 4. Combustion heat rate efficiency rent levels, and technological advances are bustion and an integrated gasification com- standards for fossil fuel-fired possible that would boost the net combus- bined cycle system; generating units. tion heat rate efficiency even more; (B) methods of combusting cleaner fuels, Sec. 5. Air emission standards for fossil fuel- (7) coal-fired power plants are the leading such as gases from fossil and biological re- fired generating units. source of mercury emissions in the United sources and combined cycle turbines; Sec. 6. Extension of renewable energy pro- States, releasing an estimated 52 tons of this (C) treating flue gases through application duction credit. potent neurotoxin each year; of pollution controls; Sec. 7. Megawatt hour generation fees. (8) in 1996, fossil fuel-fired power plants in (D) methods of extracting energy from nat- Sec. 8. Clean Air Trust Fund. the United States produced over 2,000,000,000 Sec. 9. Accelerated depreciation for inves- ural, renewable resources of energy, such as tons of carbon dioxide, the primary green- solar and wind sources; tor-owned generating units. house gas; Sec. 10. Grants for publicly owned gener- (E) methods of producing electricity and (9) on average— thermal energy from fuels without conven- ating units. (A) fossil fuel-fired power plants emit 1,999 Sec. 11. Recognition of permanent emission tional combustion, such as fuel cells; and pounds of carbon dioxide for every megawatt reductions in future climate (F) combined heat and power methods of hour of electricity produced; change implementation pro- extracting and using heat that would other- (B) coal-fired power plants emit 2,110 wise be wasted, for the purpose of heating or grams. pounds of carbon dioxide for every megawatt Sec. 12. Renewable and clean power genera- cooling office buildings, providing steam to hour of electricity produced; and tion technologies. processing facilities, or otherwise increasing (C) coal-fired power plants emit 205 pounds Sec. 13. Clean coal, advanced gas turbine, total efficiency; and of carbon dioxide for every million British and combined heat and power (18) adopting the technologies and prac- thermal units of fuel consumed; demonstration program. tices described in paragraph (17) would in- Sec. 14. Evaluation of implementation of (10) the average fossil fuel-fired generating crease competitiveness and productivity, se- unit in the United States commenced oper- this Act and other statutes. cure employment, save lives, and preserve Sec. 15. Assistance for workers adversely af- ation in 1964, 6 years before the Clean Air the future. Act (42 U.S.C. 7401 et seq.) was amended to fected by reduced consumption (b) PURPOSES.—The purposes of this Act of coal. establish requirements for stationary are— Sec. 16. Community economic development sources; (1) to protect and preserve the environ- (11)(A) according to the Department of En- incentives for communities ad- ment while safeguarding health by ensuring ergy, only 23 percent of the 1,000 largest versely affected by reduced con- that each fossil fuel-fired generating unit emitting units are subject to stringent new sumption of coal. minimizes air pollution to levels that are source performance standards under section Sec. 17. Carbon sequestration. technologically feasible through moderniza- 111 of the Clean Air Act (42 U.S.C. 7411); and SEC. 2. FINDINGS AND PURPOSES. tion and application of pollution controls; (B) the remaining 77 percent, commonly (a) FINDINGS.—Congress finds that— (2) to greatly reduce the quantities of mer- referred to as ‘‘grandfathered’’ power plants, (1) the United States is relying increas- cury, carbon dioxide, sulfur dioxide, and ni- are subject to much less stringent require- ingly on old, needlessly inefficient, and high- trogen oxides entering the environment from ments; ly polluting powerplants to provide elec- combustion of fossil fuels; (12) on the basis of scientific and medical tricity; evidence, exposure to mercury and mercury (3) to permanently reduce emissions of (2) the pollution from those powerplants compounds is of concern to human health those pollutants by increasing the combus- causes a wide range of health and environ- and the environment; tion heat rate efficiency of fossil fuel-fired mental damage, including— (13) pregnant women and their developing generating units to levels achievable (A) fine particulate matter that is associ- fetuses, women of childbearing age, and chil- through— ated with the deaths of approximately 50,000 dren are most at risk for mercury-related (A) use of commercially available combus- Americans annually; health impacts such as neurotoxicity; tion technology, including clean coal tech- (B) urban ozone, commonly known as (14) although exposure to mercury and nologies such as pressurized fluidized bed ‘‘smog’’, that impairs normal respiratory mercury compounds occurs most frequently combustion and an integrated gasification functions and is of special concern to indi- through consumption of mercury-contami- combined cycle system; viduals afflicted with asthma, emphysema, nated fish, such exposure can also occur (B) installation of pollution controls; and other respiratory ailments; through— (C) expanded use of renewable and clean (C) rural ozone that obscures visibility and (A) ingestion of breast milk; energy sources such as biomass, geothermal, damages forests and wildlife; (B) ingestion of drinking water, and foods solar, wind, and fuel cells; and (D) acid deposition that damages estuaries, other than fish, that are contaminated with (D) promotion of application of combined lakes, rivers, and streams (and the plants methyl mercury; and heat and power technologies; and animals that depend on them for sur- (C) dermal uptake through contact with (4)(A) to create financial and regulatory in- vival) and leaches heavy metals from the soil and water; centives to retire thermally inefficient gen- soil; (15) the report entitled ‘‘Mercury Study erating units and replace them with new (E) mercury and heavy metal contamina- Report to Congress’’ and submitted by the units that employ high-thermal-efficiency tion that renders fish unsafe to eat, with es- Environmental Protection Agency under sec- combustion technology; and pecially serious consequences for pregnant tion 112(n)(1)(B) of the Clean Air Act (42 (B) to increase use of renewable and clean women and their fetuses; U.S.C. 7412(n)(1)(B)), in conjunction with energy sources such as biomass, geothermal, (F) eutrophication of estuaries, lakes, riv- other scientific knowledge, supports a plau- solar, wind, and fuel cells; ers, and streams; and sible link between mercury emissions from (5) to establish the Clean Air Trust Fund to (G) global climate change that may fun- combustion of coal and other fossil fuels and fund the training, economic development, damentally and irreversibly alter human, mercury concentrations in air, soil, water, carbon sequestration, and research, develop- animal, and plant life; and sediments; ment, and demonstration programs estab- (3) tax laws and environmental laws— (16)(A) the Environmental Protection lished under this Act; (A) provide a very strong incentive for Agency report described in paragraph (15) (6) to eliminate the ‘‘grandfather’’ loophole electric utilities to keep old, dirty, and inef- supports a plausible link between mercury in the Clean Air Act relating to sources in ficient generating units in operation; and emissions from combustion of coal and other operation before the promulgation of stand- (B) provide a strong disincentive to invest- fossil fuels and methyl mercury concentra- ards under section 111 of that Act (42 U.S.C. ing in new, clean, and efficient generating tions in freshwater fish; 7411); technologies; (B) in 1997, 39 States issued health (7) to express the sense of Congress that (4) fossil fuel-fired power plants, consisting advisories that warned the public about con- permanent reductions in emissions of green- of plants fueled by coal, fuel oil, and natural suming mercury-tainted fish, as compared to house gases that are accomplished through gas, produce nearly two-thirds of the elec- 27 States that issued such advisories in 1993; the retirement of old units and replacement tricity generated in the United States; and by new units that meet the combustion heat

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rate efficiency and emission standards speci- necessary level of financial commitment, the (2) CARBON DIOXIDE.— fied in this Act should be credited to the combustion heat rate efficiency standard is (A) NATURAL GAS-FIRED GENERATING utility sector and the owner or operator in not achievable at the generating unit; and UNITS.—Each natural gas-fired generating any climate change implementation pro- (B) the owner or operator of the generating unit shall be required to achieve an emission gram; unit enters into an agreement with the Ad- rate of not more than 0.8 pounds of carbon (8) to promote permanent and safe disposal ministrator to offset by a factor of 1.5 to 1, dioxide per kilowatt hour of net electric of mercury recovered through coal cleaning, using a method approved by the Adminis- power output. flue gas control systems, and other methods trator, the emission reductions that the gen- (B) FUEL OIL-FIRED GENERATING UNITS.— of mercury pollution control; erating unit does not achieve because of the Each fuel oil-fired generating unit shall be (9) to increase public knowledge of the failure to achieve the combustion heat rate required to achieve an emission rate of not sources of mercury exposure and the threat efficiency standard specified in subsection more than 1.2 pounds of carbon dioxide per to public health from mercury, particularly (a)(2). kilowatt hour of net electric power output. the threat to the health of pregnant women (3) EFFECT OF WAIVER.—If the Adminis- (C) COAL-FIRED GENERATING UNITS.—Each and their fetuses, women of childbearing age, trator grants a waiver under paragraph (1), coal-fired generating unit shall be required and children; the generating unit shall be required to to achieve an emission rate of not more than (10) to decrease significantly the threat to achieve and maintain, at all operating lev- 1.4 pounds of carbon dioxide per kilowatt human health and the environment posed by els, the combustion heat rate efficiency hour of net electric power output. mercury; standard specified in subsection (a)(1). (3) SULFUR DIOXIDE.—Each fossil fuel-fired (11) to provide worker retraining for work- SEC. 5. AIR EMISSION STANDARDS FOR FOSSIL generating unit shall be required— ers adversely affected by reduced consump- FUEL-FIRED GENERATING UNITS. (A) to remove 95 percent of the sulfur diox- tion of coal; and (a) ALL FOSSIL FUEL-FIRED GENERATING ide that would otherwise be present in the (12) to provide economic development in- UNITS.—Not later than 10 years after the flue gas; and centives for communities adversely affected date of enactment of this Act, each fossil (B) to achieve an emission rate of not more by reduced consumption of coal. fuel-fired generating unit, regardless of its than 0.3 pounds of sulfur dioxide per million date of construction or commencement of British thermal units of fuel consumed. SEC. 3. DEFINITIONS. operation, shall be subject to, and operating (4) NITROGEN OXIDES.—Each fossil fuel-fired In this Act: in physical and operational compliance with, generating unit shall be required— (1) ADMINISTRATOR.—The term ‘‘Adminis- the new source review requirements under (A) to remove 90 percent of nitrogen oxides trator’’ means the Administrator of the En- section 111 of the Clean Air Act (42 U.S.C. that would otherwise be present in the flue vironmental Protection Agency. 7411). gas; and (2) GENERATING UNIT.—The term ‘‘gener- (b) EMISSION RATES FOR SOURCES REQUIRED ating unit’’ means an electric utility gener- TO MAINTAIN 45 PERCENT EFFICIENCY.—Not (B) to achieve an emission rate of not more ating unit. later than 10 years after the date of enact- than 0.15 pounds of nitrogen oxides per mil- SEC. 4. COMBUSTION HEAT RATE EFFICIENCY ment of this Act, each fossil fuel-fired gener- lion British thermal units of fuel consumed. STANDARDS FOR FOSSIL FUEL- ating unit subject to section 4(a)(1) shall be (d) PERMIT REQUIREMENT.—Not later than FIRED GENERATING UNITS. in compliance with the following emission 10 years after the date of enactment of this (a) STANDARDS.— limitations: Act, each generating unit shall have a per- (1) IN GENERAL.—Not later than the day (1) MERCURY.—Each coal-fired or fuel oil- mit issued under title V of the Clean Air Act that is 10 years after the date of enactment fired generating unit shall be required to re- (42 U.S.C. 7661 et seq.) that requires compli- of this Act, each fossil fuel-fired generating move 90 percent of the mercury contained in ance with this section. unit that commences operation on or before the fuel, calculated in accordance with sub- (e) COMPLIANCE DETERMINATION AND MONI- that day shall achieve and maintain, at all section (e). TORING.— operating levels, a combustion heat rate effi- (2) CARBON DIOXIDE.— (1) REGULATIONS.—Not later than 2 years ciency of not less than 45 percent (based on (A) NATURAL GAS-FIRED GENERATING after the date of enactment of this Act, the the higher heating value of the fuel). UNITS.—Each natural gas-fired generating Administrator, in consultation with the Sec- (2) FUTURE GENERATING UNITS.—Each fossil unit shall be required to achieve an emission retary of Energy, shall promulgate methods fuel-fired generating unit that commences rate of not more than 0.9 pounds of carbon for determining initial and continuing com- operation more than 10 years after the date dioxide per kilowatt hour of net electric pliance with this section. of enactment of this Act shall achieve and power output. (2) CALCULATION OF MERCURY EMISSION RE- maintain, at all operating levels, a combus- (B) FUEL OIL-FIRED GENERATING UNITS.— DUCTIONS.—Not later than 2 years after the tion heat rate efficiency of not less than 50 Each fuel oil-fired generating unit shall be date of enactment of this Act, the Adminis- percent (based on the higher heating value of required to achieve an emission rate of not trator shall promulgate fuel sampling tech- the fuel), unless granted a waiver under sub- more than 1.3 pounds of carbon dioxide per niques and emission monitoring techniques section (d). kilowatt hour of net electric power output. for use by generating units in calculating (b) TEST METHODS.—Not later than 2 years (C) COAL-FIRED GENERATING UNITS.—Each mercury emission reductions for the pur- after the date of enactment of this Act, the coal-fired generating unit shall be required poses of this section. Administrator, in consultation with the Sec- to achieve an emission rate of not more than (3) REPORTING.— retary of Energy, shall promulgate methods 1.55 pounds of carbon dioxide per kilowatt (A) IN GENERAL.—Not less than often than for determining initial and continuing com- hour of net electric power output. quarterly, the owner or operator of a gener- pliance with this section. (3) SULFUR DIOXIDE.—Each fossil fuel-fired ating unit shall submit a pollutant-specific (c) PERMIT REQUIREMENT.—Not later than generating unit shall be required— emission report for each pollutant covered 10 years after the date of enactment of this (A) to remove 95 percent of the sulfur diox- by this section. Act, each generating unit shall have a per- ide that would otherwise be present in the (B) SIGNATURE.—Each report required mit issued under title V of the Clean Air Act flue gas; and under subparagraph (A) shall be signed by a (42 U.S.C. 7661 et seq.) that requires compli- (B) to achieve an emission rate of not more responsible official of the generating unit, ance with this section. than 0.3 pounds of sulfur dioxide per million who shall certify the accuracy of the report. (d) WAIVER OF COMBUSTION HEAT RATE EF- British thermal units of fuel consumed. (C) PUBLIC REPORTING.—The Administrator FICIENCY STANDARD.— (4) NITROGEN OXIDES.—Each fossil fuel-fired shall annually make available to the public, (1) APPLICATION.—The owner or operator of generating unit shall be required— through 1 or more published reports and 1 or a generating unit that commences operation (A) to remove 90 percent of nitrogen oxides more forms of electronic media, facility-spe- more than 10 years after the date of enact- that would otherwise be present in the flue cific emission data for each generating unit ment of this Act may apply to the Adminis- gas; and and pollutant covered by this section. trator for a waiver of the combustion heat (B) to achieve an emission rate of not more (D) CONSUMER DISCLOSURE.—Not later than rate efficiency standard specified in sub- than 0.15 pounds of nitrogen oxides per mil- 2 years after the date of enactment of this section (a)(2) that is applicable to that type lion British thermal units of fuel consumed. Act, the Administrator shall promulgate reg- of generating unit. (c) EMISSION RATES FOR SOURCES REQUIRED ulations requiring each owner or operator of (2) ISSUANCE.—The Administrator may TO MAINTAIN 50 PERCENT EFFICIENCY.—Each a generating unit to disclose to residential grant the waiver only if— fossil fuel-fired generating unit subject to consumers of electricity generated by the (A)(i) the owner or operator of the gener- section 4(a)(2) shall be in compliance with unit, on a regular basis (but not less often ating unit demonstrates that the technology the following emission limitations: than annually) and in a manner convenient to meet the combustion heat rate efficiency (1) MERCURY.—Each coal-fired or fuel oil- to the consumers, data concerning the level standard is not commercially available; or fired generating unit shall be required to re- of emissions by the generating unit of each (ii) the owner or operator of the generating move 90 percent of the mercury contained in pollutant covered by this section and each unit demonstrates that, despite best tech- the fuel, calculated in accordance with sub- air pollutant covered by section 111 of the nical efforts and willingness to make the section (e). Clean Air Act (42 U.S.C. 7411).

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(f) DISPOSAL OF MERCURY CAPTURED OR RE- owner or operator of each covered fossil fuel- nitions and special rules) is amended by add- COVERED THROUGH EMISSION CONTROLS.— fired generating unit. ing at the end the following: (1) CAPTURED OR RECOVERED MERCURY.—Not ‘‘(d) COVERED FOSSIL FUEL-FIRED GENER- ‘‘(15) FOSSIL FUEL-FIRED GENERATING later than 2 years after the date of enact- ATING UNIT.—The term ‘covered fossil fuel- UNITS.— ment of this Act, the Administrator shall fired generating unit’ means an electric util- ‘‘(A) 50-PERCENT EFFICIENT FOSSIL FUEL- promulgate regulations to ensure that mer- ity generating unit that— FIRED GENERATING UNIT.—The term ‘50-per- cury that is captured or recovered through ‘‘(1) is powered by fossil fuels; cent efficient fossil fuel-fired generating the use of an emission control, coal cleaning, ‘‘(2) has a generating capacity of 5 or more unit’ means any property used in an inves- or another method is disposed of in a manner megawatts; and tor-owned fossil fuel-fired generating unit that ensures that— ‘‘(3) because of the date on which the gen- pursuant to a plan approved by the Sec- (A) the hazards from mercury are not erating unit commenced commercial oper- retary, in consultation with the Adminis- transferred from 1 environmental medium to ation, is not subject to all regulations pro- trator of the Environmental Protection another; and mulgated under section 111 of the Clean Air Agency, to place into service such a unit (B) there is no release of mercury into the Act (42 U.S.C. 7411).’’. that is in compliance with sections 4(a)(2) environment. (b) CONFORMING AMENDMENT.—The table of and 5(c) of the Clean Power Plant and Mod- (2) MERCURY-CONTAINING SLUDGES AND subchapters for such chapter 38 is amended ernization Act of 1999, as in effect on the WASTES.—The regulations promulgated by by inserting after the item relating to sub- date of enactment of this paragraph. the Administrator under paragraph (1) shall chapter D the following: ‘‘(B) 45-PERCENT EFFICIENT FOSSIL FUEL- ensure that mercury-containing sludges and ‘‘SUBCHAPTER E. Megawatt hour generation FIRED GENERATING UNIT.—The term ‘45-per- wastes are handled and disposed of in accord- fees.’’. cent efficient fossil fuel-fired generating ance with all applicable Federal and State (c) EFFECTIVE DATE.—The amendments unit’ means any property used in an inves- laws (including regulations). made by this section shall apply to elec- tor-owned fossil fuel-fired generating unit (g) PUBLIC REPORTING OF FACILITY-SPECIFIC tricity produced in calendar years beginning pursuant to a plan so approved to place into EMISSION DATA.— after December 31, 2000. service such a unit that is in compliance (1) IN GENERAL.—The Administrator shall SEC. 8. CLEAN AIR TRUST FUND. with sections 4(a)(1) and 5(b) of such Act, as annually make available to the public, (a) IN GENERAL.—Subchapter A of chapter so in effect.’’. through 1 or more published reports and the 98 of the Internal Revenue Code of 1986 (re- (c) CONFORMING AMENDMENT.—The table Internet, facility-specific emission data for lating to trust fund code) is amended by add- contained in section 168(c) of the Internal each generating unit and for each pollutant ing at the end the following: Revenue Code of 1986 (relating to applicable covered by this section. ‘‘SEC. 9511. CLEAN AIR TRUST FUND. recovery period) is amended by inserting (2) SOURCE OF DATA.—The emission data ‘‘(a) CREATION OF TRUST FUND.—There is after the item relating to 10-year property shall be taken from the emission reports sub- established in the Treasury of the United the following: mitted under subsection (e)(3). States a trust fund to be known as the ‘Clean ‘‘12-year property ...... 12 SEC. 6. EXTENSION OF RENEWABLE ENERGY Air Trust Fund’ (hereafter referred to in this years’’. PRODUCTION CREDIT. section as the ‘Trust Fund’), consisting of Section 45(c) of the Internal Revenue Code such amounts as may be appropriated or of 1986 (relating to definitions) is amended— credited to the Trust Fund as provided in (d) EFFECTIVE DATE.—The amendments (1) in paragraph (1)— this section or section 9602(b). made by this section shall apply to property (A) in subparagraph (A), by striking ‘‘and’’; ‘‘(b) TRANSFERS TO TRUST FUND.—There used after the date of enactment of this Act. (B) in subparagraph (B), by striking the pe- are hereby appropriated to the Trust Fund SEC. 10. GRANTS FOR PUBLICLY OWNED GENER- riod and inserting ‘‘, and’’; and amounts equivalent to the taxes received in ATING UNITS. (C) by adding at the end the following: the Treasury under section 4691. ‘‘(C) solar power.’’; ‘‘(c) EXPENDITURES FROM TRUST FUND.— Any capital expenditure made after the (2) in paragraph (3)— Amounts in the Trust Fund shall be avail- date of enactment of this Act to purchase, (A) by inserting ‘‘, and December 31, 1998, able, without further Act of appropriation, install, and bring into commercial operation in the case of a facility using solar power to upon request by the head of the appropriate any new publicly owned generating unit produce electricity’’ after ‘‘electricity’’; and Federal agency in such amounts as the agen- that— (B) by striking ‘‘1999’’ and inserting ‘‘2010’’; cy head determines are necessary— (1) is in compliance with sections 4(a)(1) and ‘‘(1) to provide funding under section 12 of and 5(b) shall, for a 15-year period, be eligible (3) by adding at the end the following: the Clean Power Plant and Modernization for partial reimbursement through annual grants made by the Secretary of the Treas- ‘‘(4) SOLAR POWER.—The term ‘solar power’ Act of 1999, as in effect on the date of enact- means solar power harnessed through— ment of this section; ury, in consultation with the Administrator, ‘‘(A) photovoltaic systems, ‘‘(2) to provide funding for the demonstra- in an amount equal to the monetary value of ‘‘(B) solar boilers that provide process tion program under section 13 of such Act, as the depreciation deduction that would be re- heat, and so in effect; alized by reason of section 168(c)(3)(E) of the ‘‘(C) any other means.’’. ‘‘(3) to provide assistance under section 15 Internal Revenue Code of 1986 by a similarly- situated investor-owned generating unit over SEC. 7. MEGAWATT HOUR GENERATION FEES. of such Act, as so in effect; ‘‘(4) to provide assistance under section 16 that period; and (a) IN GENERAL.—Chapter 38 of the Internal (2) is in compliance with sections 4(a)(2) Revenue Code of 1986 (relating to miscella- of such Act, as so in effect; and ‘‘(5) to provide funding under section 17 of and 5(c) shall, over a 12-year period, be eligi- neous excise taxes) is amended by inserting ble for partial reimbursement through an- after subchapter D the following: such Act, as so in effect.’’. (b) CONFORMING AMENDMENT.—The table of nual grants made by the Secretary of the ‘‘Subchapter E—Megawatt Hour Generation sections for such subchapter A is amended by Treasury, in consultation with the Adminis- Fees adding at the end the following: trator, in an amount equal to the monetary ‘‘Sec. 4691. Imposition of fees. value of the depreciation deduction that ‘‘Sec. 9511. Clean Air Trust Fund.’’. ‘‘SEC. 4691. IMPOSITION OF FEES. would be realized by reason of section SEC. 9. ACCELERATED DEPRECIATION FOR IN- ‘‘(a) TAX IMPOSED.—There is hereby im- 168(c)(3)(D) of such Code by a similarly-situ- VESTOR-OWNED GENERATING ated investor-owned generating unit over posed on each covered fossil fuel-fired gener- UNITS. that period. ating unit a tax equal to 30 cents per mega- (a) IN GENERAL.—Section 168(e)(3) of the In- watt hour of electricity produced by the cov- ternal Revenue Code of 1986 (relating to clas- SEC. 11. RECOGNITION OF PERMANENT EMIS- ered fossil fuel-fired generating unit. sification of certain property) is amended— SION REDUCTIONS IN FUTURE CLI- ‘‘(b) ADJUSTMENT OF RATES.—Not less often (1) in subparagraph (E) (relating to 15-year MATE CHANGE IMPLEMENTATION than once every 2 years beginning after 2002, property), by striking ‘‘and’’ at the end of PROGRAMS. the Secretary, in consultation with the Ad- clause (ii), by striking the period at the end It is the sense of Congress that— ministrator of the Environmental Protection of clause (iii) and inserting ‘‘, and’’, and by (1) permanent reductions in emissions of Agency, shall evaluate the rate of the tax adding at the end the following: carbon dioxide and nitrogen oxides that are imposed by subsection (a) and increase the ‘‘(iv) any 45-percent efficient fossil fuel- accomplished through the retirement of old rate if necessary for any succeeding calendar fired generating unit.’’; and generating units and replacement by new year to ensure that the Clean Air Trust Fund (2) by adding at the end the following: generating units that meet the combustion established by section 9511 has sufficient ‘‘(F) 12-YEAR PROPERTY.—The term ‘12-year heat rate efficiency and emission standards amounts to fully fund the activities de- property’ includes any 50-percent efficient specified in this Act, or through replacement scribed in section 9511(c). fossil fuel-fired generating unit.’’. of old generating units with nonpolluting re- ‘‘(c) PAYMENT OF TAX.—The tax imposed by (b) DEFINITIONS.—Section 168(i) of the In- newable power generation technologies, this section shall be paid quarterly by the ternal Revenue Code of 1986 (relating to defi- should be credited to the utility sector, and

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.003 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30633 to the owner or operator that retires or re- section, the same amount of funding is pro- $30,000,000 to carry out soil restoration, tree places the old generating unit, in any cli- vided for demonstration projects and part- planting, wetland protection, and other mate change implementation program en- nerships under each of paragraphs (1), (2), methods of biologically sequestering carbon acted by Congress; and (3) of subsection (a). dioxide. (2) the base year for calculating reductions SEC. 14. EVALUATION OF IMPLEMENTATION OF (c) LIMITATION.—A project carried out under a program described in paragraph (1) THIS ACT AND OTHER STATUTES. using funds made available under this sec- should be the calendar year preceding the (a) IN GENERAL.—Not later than 2 years tion shall not be used to offset any emission calendar year in which this Act is enacted; after the date of enactment of this Act, the reduction required under any other provision and Secretary of Energy, in consultation with of this Act. (3) a reasonable portion of any monetary the Chairman of the Federal Energy Regu- f value that may accrue from the crediting de- latory Commission and the Administrator, scribed in paragraph (1) should be passed on shall submit to Congress a report on the im- THE RUSSIAN LEADERSHIP to utility customers. plementation of this Act. PROGRAM SEC. 12. RENEWABLE AND CLEAN POWER GEN- (b) IDENTIFICATION OF CONFLICTING LAW.— Mr. STEVENS. Mr. President, I am ERATION TECHNOLOGIES. The report shall identify any provision of the pleased to announce that Congress in- (a) IN GENERAL.—Under the Renewable En- Energy Policy Act of 1992 (Public Law 102– ergy and Energy Efficiency Technology Act 486), the Energy Supply and Environmental cluded $10 million in the Foreign Oper- of 1989 (42 U.S.C. 12001 et seq.), the Secretary Coordination Act of 1974 (15 U.S.C. 791 et ations Appropriations bill to continue of Energy shall fund research and develop- seq.), the Public Utility Regulatory Policies the Russian Leadership Program in ment programs and commercial demonstra- Act of 1978 (16 U.S.C. 2601 et seq.), or the Fiscal Year 2000. tion projects and partnerships to dem- Powerplant and Industrial Fuel Use Act of The Russian Leadership Program was onstrate the commercial viability and envi- 1978 (42 U.S.C. 8301 et seq.), or the amend- created earlier this year in the FY 1999 ronmental benefits of electric power genera- ments made by those Acts, that conflicts supplemental appropriations bill in tion from— with the intent or efficient implementation order to bring emerging Russian lead- of this Act. (1) biomass (excluding unseparated munic- ers to the United States to see first ipal solid waste), geothermal, solar, and wind (c) RECOMMENDATIONS.—The report shall technologies; and include recommendations from the Sec- hand how democracy and the American (2) fuel cells. retary of Energy, the Chairman of the Fed- free market economic system function. (b) TYPES OF PROJECTS.—Demonstration eral Energy Regulatory Commission, and the The program was successful in bringing projects may include solar power tower Administrator for legislative or administra- over 2,100 emerging leaders from 83 of plants, solar dishes and engines, co-firing of tive measures to harmonize and streamline the 89 states and republics in the Rus- biomass with coal, biomass modular sys- the statutes specified in subsection (b) and sian Federation during July, August, tems, next-generation wind turbines and the regulations implementing those statutes. and September of this year. Dr. wind turbine verification projects, geo- SEC. 15. ASSISTANCE FOR WORKERS ADVERSELY Billington, the Librarian of Congress, thermal energy conversion, and fuel cells. AFFECTED BY REDUCED CONSUMP- (c) AUTHORIZATION OF APPROPRIATIONS.—In TION OF COAL. and one of the world’s leading histo- addition to amounts made available under In addition to amounts made available rians of Russian culture was asked to any other law, there is authorized to be ap- under any other law, there is authorized to administer this program. Our thanks propriated to carry out this section be appropriated $75,000,000 for each of fiscal go to Dr. Billington for doing an excel- $75,000,000 for each of fiscal years 2001 years 2001 through 2015 to provide assistance, lent job implementing this program in through 2010. under the economic dislocation and worker a short period of time. SEC. 13. CLEAN COAL, ADVANCED GAS TURBINE, adjustment assistance program of the De- The program was modeled after the AND COMBINED HEAT AND POWER partment of Labor authorized by title III of DEMONSTRATION PROGRAM. the Job Training Partnership Act (29 U.S.C. Marshall Plan which was implemented (a) IN GENERAL.—Under subtitle B of title 1651 et seq.), to coal industry workers who after World War II. Between 1946–1956, XXI of the Energy Policy Act of 1992 (42 are terminated from employment as a result the U.S. Government brought over U.S.C. 13471 et seq.), the Secretary of Energy of reduced consumption of coal by the elec- 10,000 Germans citizens to the United shall establish a program to fund projects tric power generation industry. States to learn ways to rebuild their and partnerships designed to demonstrate SEC. 16. COMMUNITY ECONOMIC DEVELOPMENT economy through technical assistance the efficiency and environmental benefits of INCENTIVES FOR COMMUNITIES AD- as well as cultural and political con- electric power generation from— VERSELY AFFECTED BY REDUCED tacts. The Marshall Plan was one of (1) clean coal technologies, such as pressur- CONSUMPTION OF COAL. ized fluidized bed combustion and an inte- In addition to amounts made available the most successful foreign aid pro- grated gasification combined cycle system; under any other law, there is authorized to grams of the last century. (2) advanced gas turbine technologies, such be appropriated $75,000,000 for each of fiscal Similar to the Marshall Plan, par- as flexible midsized gas turbines and base- years 2001 through 2015 to provide assistance, ticipants in the Russian Leadership load utility scale applications; and under the economic adjustment program of Program visited more than 400 commu- (3) combined heat and power technologies. the Department of Commerce authorized by nities in 46 states and the District of (b) SELECTION CRITERIA.— the Public Works and Economic Develop- Columbia observing democracy in ac- (1) IN GENERAL.—Not later than 1 year after ment Act of 1965 (42 U.S.C. 3121 et seq.), to assist communities adversely affected by re- tion at all levels of government. They the date of enactment of this Act, the Sec- met and discussed the American sys- retary of Energy shall promulgate criteria duced consumption of coal by the electric and procedures for selection of demonstra- power generation industry. tem of government with current and tion projects and partnerships to be funded SEC. 17. CARBON SEQUESTRATION. former U.S. Presidents, Members of the under subsection (a). (a) CARBON SEQUESTRATION STRATEGY.—In U.S. Senate and U.S. House, Governors, (2) REQUIRED CRITERIA.—At a minimum, addition to amounts made available under state legislators, state supreme court the selection criteria shall include— any other law, there is authorized to be ap- justices, mayors, and members of city (A) the potential of a proposed demonstra- propriated to the Environmental Protection and town councils. tion project or partnership to reduce or Agency and the Department of Energy for Some of the participants also cam- avoid emissions of pollutants covered by sec- each of fiscal years 2001 through 2003 a total paigned door-to-door with political tion 5 and air pollutants covered by section of $15,000,000 to conduct research and devel- 111 of the Clean Air Act (42 U.S.C. 7411); and opment activities in basic and applied candidates, visited police and fire sta- (B) the potential commercial viability of science in support of development by Sep- tions, met with students in schools, the proposed demonstration project or part- tember 30, 2003, of a carbon sequestration visited hospitals, research facilities, nership. strategy that is designed to offset all growth businesses, soup kitchens, shelters and (c) AUTHORIZATION OF APPROPRIATIONS.— in carbon dioxide emissions in the United experienced firsthand the partnership (1) IN GENERAL.—In addition to amounts States after 2010. among government, and the private made available under any other law, there is (b) METHODS FOR BIOLOGICALLY SEQUES- sector. authorized to be appropriated to carry out TERING CARBON DIOXIDE.—In addition to This program was unique because this section $75,000,000 for each of fiscal years amounts made available under any other 2001 through 2010. law, there is authorized to be appropriated to more than 800 American families (2) DISTRIBUTION.—The Secretary shall the Environmental Protection Agency and hosted our Russian visitors, welcoming make reasonable efforts to ensure that, the Department of Agriculture for each of them into their homes and commu- under the program established under this fiscal years 2001 through 2010 a total of nities, and spending the time to answer

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.003 S18NO9 30634 CONGRESSIONAL RECORD—SENATE November 18, 1999 questions about and show our guests quent user, who patents the method at When viewed specifically from the the American way of life. Vadim a later date, files a lawsuit for infringe- standpoint of the financial services in- Baikov, one of the six Russians who ment against the real creator of the in- dustry, the term ‘‘method’’ includes fi- visited Alaska, the State I represent, vention. nancial instruments, financial prod- wrote after the program that, ‘‘In my The first inventor defense will pro- ucts, financial transactions, the order- opinion, the best cultural aspect is vide the financial services industry ing of financial information, and any that we stayed with the families, be- with important, needed protections in system or process that transmits or cause in this way one can actually gain the face of the uncertainty presented transforms information with respect to insight of the genuine American life- by the Federal Circuit’s decision in the investments or other types of financial style. I think that is what counts the State Street case. State Street Bank and transactions. In this context, it is im- most.’’ Trust Company v. Signature Financial portant to point out the beneficial ef- Organizations such as Rotary Inter- Group, Inc. 149 F.3d 1368 (Fed. Cir., fects that such methods have brought national, the United Methodist Church, 1998). In State Street, the Court did to our society. These include the en- Freedom Force, and the Church of away with the so-called ‘‘business couragement of home ownership, the Jesus Christ of Latter-day Saints methods’’ exception to statutory pat- broadened availability of capital for played a key role in organizing the par- entable subject matter. Consequently, small businesses, and the development ticipants in the program both in Russia this decision has raised questions of a variety of pension and investment and the United States. In addition to about what types of business methods opportunities for millions of Ameri- volunteering their time, these families may now be eligible for patent protec- cans. and hosting communities generously tion. In the financial services sector, As the joint explanatory statement supplemented the government’s $10 this has prompted serious legal and of the Conference Committee on H.R. million appropriations by providing ap- practical concerns. It has created 1554 notes, the provision ‘‘focuses on proximately $1.5 million worth of doubt regarding whether or not par- methods for doing and conducting busi- meals, cultural activities, additional ticular business methods used by the ness, including methods used in con- transportation and medical care. industry—including processes, prac- nection with internal commercial oper- Beyond the strong ties of friendship tices, and systems—might now sud- ations as well as those used in connec- that developed between guests and denly become subject to new claims tion with the sale or transfer of useful hosts, it is clear that the Russian under the patent law. In terms of ev- end results—whether in the form of Leadership Program fundamentally eryday business practice, these types of physical products, or in the form of changed how these Russian guests see activities were considered to be pro- services, or in the form of some other America. They constitute the largest tected as trade secrets and were not useful results; for example, results pro- single group ever to travel from Russia viewed as patentable material. duced to the manipulation of data or to the U.S. They return to Russia with The first inventor defense strikes a other imports to produce a useful re- clear ideas and strong commitment to fair balance between patent and trade sult.’’ H. Rept. 106– , p. 31. secret law. Specifically, this provision positive change. A mayor from Tomsk The language of the provision states spend time with the mayor of Cleve- creates a defense for inventors who (1) acting in good faith have reduced the that the defense is not available if the land and said: ‘‘If we were to meet person has actually abandoned com- more often, there would be more peace- subject matter to practice in the United States at least one year prior to mercial use of the subject matter. As ful relations.’’ used in the legislation, abandonment The Russian Leadership Program has the patent filing date (‘‘effective filing refers to the cessation of use with no had a tremendous impact in one year. date’’) of another (typically later) in- intent to resume. Intervals of non-use It is a good program and I am pleased ventor; and (2) commercially used the between such periodic or cyclical ac- that we were able to provide the nec- subject matter in the United States be- tivities such as seasonable factors or essary funding to continue this pro- fore the filing date of the patent. Com- reasonable intervals between con- gram into the new millenium. mercial use does not require that the tracts, however, should not be consid- f particular invention be made known to the public or be used in the public mar- ered to be abandonment. INTELLECTUAL PROPERTY AND ketplace—it includes wholly internal As noted earlier, in the wake of State COMMUNICATIONS OMNIBUS RE- commercial uses as well. Street, thousands of methods and proc- FORM ACT OF 1999 As used in this legislation, the term esses that have been and are used in- Mr. SCHUMER. Mr. President, I rise ‘‘method’’ is intended to be construed ternally are now subject to the possi- today in support of the revised ‘‘Intel- broadly. The term ‘‘method’’ is defined bility of being claimed as patented in- lectual Property and Communications as meaning ‘‘a method of doing or con- ventions. Previously, the businesses Omnibus Reform Act of 1999’’ (H.R. ducting business.’’ Thus, ‘‘method’’ in- that developed and used such methods 1554). As a Member of the Judiciary cludes any internal method of doing and processes thought that secrecy was Committee, I am particularly pleased business, a method used in the course the only protection available. As the that this legislation includes as Title of doing or conducting business, or a conference report on H.R. 1554 states: IV, the ‘‘American Inventors Protec- method for conducting business in the ‘‘(U)nder established law, any of these tion Act of 1999.’’ This important pat- public marketplace. It includes a prac- inventions which have been in commer- ent reform measure includes a series of tice, process, activity, or system that cial use—public or secret—for more initiatives intended to protect the is used in the design, formulation, test- than one year cannot now be the sub- rights of inventors, enhance patent ing, or manufacture of any product or ject of a valid U.S. patent.’’ H. Rept. protections and reduce patent litiga- service. The defense will be applicable 106– , p. 31. tion. against method claims, as well as the Mr. President, patent law should en- Perhaps most importantly, subtitle C claims involving machines or articles courage innovation, not create barriers of title IV contains the so-called ‘‘First the manufacturer used to practice such to the development of innovative fi- Inventor Defense.’’ This defense pro- methods (i.e., apparatus claims). New nancial products, credit vehicles, and vides a first inventor (or ‘‘prior user’’) technologies are being developed every e-commerce generally. The patent law with a defense in patent infringement day, which include technology that em- was never intended to prevent people lawsuits, whenever an inventor of a ploys both methods of doing business from doing what they are already business method (i.e., a practice proc- and physical apparatus designed to doing. While I am very pleased that the ess or system) uses the invention but carry out a method of doing business. first inventors defense is included in does not patent it. Currently, patent The first inventor defense is intended H.R. 1554, it should be viewed as just law does not provide original inventors to protect both method claims and ap- the first step in defining the appro- with any protections when a subse- paratus claims. priate limits and boundaries of the

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.003 S18NO9 November 18, 1999 CONGRESSIONAL RECORD—SENATE 30635 State Street decision. This legal de- I look forward to working with Sen- expect a vote to occur a few hours after fense will provide important protec- ator SCHUMER and my colleagues on the cloture vote. tions for companies against unfair and the committee on this important issue. In addition, the Senate may consider unjustified patent infringement ac- f the Work Incentives conference report tions. But, at the same time, I believe prior to the pending adjournment. that it is time for Congress to take a ORDERS FOR FRIDAY, NOVEMBER closer look at the potentially broad 19, 1999 ADJOURNMENT UNTIL 10 A.M. and, perhaps, adverse consequences of Mr. MURKOWSKI. Mr. President, I TOMORROW the State Street decision. I hope that ask unanimous consent that when the beginning early next year the Judici- Senate completes its business today, it Mr. MURKOWSKI. If there is no fur- ary Committee will hold hearings on adjourn until the hour of 10 a.m. on ther business to come before the Sen- the State Street issue, so Senators can Friday, November 19. I further ask con- ate, I now ask unanimous consent the carefully evaluate its economic and sent that on Friday, immediately fol- Senate stand in adjournment under the competitive consequences. lowing the prayer, the Journal of pro- previous order. Mr. TORRICELLI. My colleague is ceedings be approved to date, the Mr. FEINGOLD. Is there a unani- correct. The State Street decision may morning hour be deemed expired, the mous consent request pending? have unintended consequences for the time for the two leaders be reserved for The PRESIDING OFFICER. There is, financial services community. By ex- their use later in the day, and that the to adjourn. plicitly holding that business methods Senate then proceed to morning busi- Mr. FEINGOLD. Reserving the right are patentable, financial service com- ness. to object, I ask unanimous consent panies are finding that the techniques The PRESIDING OFFICER. Without with regard to the cloture vote which and ideas, that were in wide use, are objection, it is so ordered. the Senator from Alaska described, being patented by others. that the vote take place at 10 a.m. on f The Prior Inventor Defense of H.R. Saturday; and that should cloture be 1554 is an important step towards pro- PROGRAM invoked, no more than 21 hours of de- tecting the financial services industry. bate remain. By protecting early developers and Mr. MURKOWSKI. For the informa- Mr. MURKOWSKI. I object. users of a business method, the defense tion of all Senators, when the Senate allows U.S. companies to commit re- convenes, it will begin consideration of The PRESIDING OFFICER. The ob- sources to the commercialization of a number of legislative items that have jection is heard. their inventions with confidence that a been cleared for action and need to be Mr. FEINGOLD. Reserving the right subsequent patent holder will prevail considered in the House prior to ad- to object, I simply want to indicate, as in a patent infringement suit. Without journment. Following the consider- one member from the Wisconsin dele- this defense, financial services compa- ation of these bills, the Senate will re- gation, there is an effort to be reason- nies face unfair patent-infringement sume debate on the final appropria- able with respect to the hour of the suits over the use of techniques and tions bill. Further, as a reminder, clo- vote and to limit our rights with re- ideas (methods) they developed and ture was filed today on the appropria- spect to the 30 hours respectively. Our have used for years. tions conference report, and there is goal is certainly not to cause people to While I support the Prior Inventor still hope that the Wisconsin delega- vote at a very extreme hour. Defense, as a member of the Judiciary tion will allow the cloture vote to The PRESIDING OFFICER. Under Committee, I hope we will revisit this occur at a reasonable hour during to- the previous order, the Senate stands issue next year. More must be done to morrow’s session. However, if no agree- in adjournment until 10 a.m., Friday, address the boundaries of the State ment is made, the cloture vote will November 19, 1999. Street decision with the realities of the occur at 1:01 a.m. on Saturday morn- Thereupon, the Senate, at 10:44 p.m., constantly changing and developing fi- ing, and abbreviated postcloture debate adjourned until Friday, November 19, nancial services industry. is anticipated. Therefore, Senators can 1999, at 10 a.m.

VerDate jul 14 2003 08:52 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR99\S18NO9.003 S18NO9 30636 CONGRESSIONAL RECORD—HOUSE November 18, 1999 HOUSE OF REPRESENTATIVES—Thursday, November 18, 1999

The House met at 10 a.m. and was Mr. MOAKLEY led the Pledge of Al- distinguished gentleman from South called to order by the Speaker pro tem- legiance as follows: Dakota (Mr. THUNE) for a matter of in- pore (Mr. LATOURETTE). I pledge allegiance to the Flag of the terest to all Members of the House. United States of America, and to the Repub- DESIGNATION OF THE SPEAKER (Mr. THUNE asked and was given lic for which it stands, one nation under God, permission to speak out of order.) PRO TEMPORE indivisible, with liberty and justice for all. TRIBUTE TO READING CLERK BOB BERRY The SPEAKER pro tempore laid be- f fore the House the following commu- Mr. THUNE. Mr. Speaker, I thank REMOVAL OF NAME OF MEMBER nication from the Speaker: the gentleman for yielding me this AS COSPONSOR OF H.R. 3308 WASHINGTON, DC, time. November 18, 1999. Mr. PHELPS. Mr. Speaker, I ask Mr. Speaker, I wish to rise today to I hereby appoint the Honorable STEVEN C. unanimous consent to remove my recognize the contributions of Bob LATOURETTE to act as Speaker pro tempore name as cosponsor of H.R. 3308. Berry, a fellow South Dakotan. on this day. The SPEAKER pro tempore. Is there Bob Berry has served the last several J. DENNIS HASTERT, objection to the request of the gen- Speaker of the House of Representatives. months as a Reading Clerk on the tleman from Illinois? House Floor. Bob’s father is a legend in f There was no objection. South Dakota, the former Congress- PRAYER f man E.Y. Berry, who represented South Dakota from 1951 to 1971. After The Reverend Douglas Tanner, Faith PROVIDING FOR CONSIDERATION his father’s service, Bob served this in- and Politics Institute, Washington, OF H.J. RES. 82, MAKING FUR- stitution as the Republican Reading D.C., offered the following prayer: THER CONTINUING APPROPRIA- Clerk. After several years of service, Almighty God, we come before You TIONS FOR FISCAL YEAR 2000 Bob was able to retire from the House this week before Thanksgiving only AND H.J. RES. 83, MAKING FUR- 11 years ago. partially conscious of the many gifts THER CONTINUING APPROPRIA- You bestow upon us. We know that TIONS FOR FISCAL YEAR 2000 As a result of the temporary depar- while others are hungry, we are fed, ture of another Reading Clerk, Bob was Mr. GOSS. Mr. Speaker, by direction asked to temporarily return to his old and while others are without shelter, of the Committee on Rules, I call up we live in comfort. We give thanks for position in the House. The institution House Resolution 385 and ask for its greatly appreciated Bob’s willingness our material blessings and often share immediate consideration. a measure of our abundance with those to return and enjoyed the last several The Clerk read the resolution, as fol- months of his daily service. less fortunate. lows: The end of this session will allow Bob Yet, we can live as unaware of the H. RES. 385 gifts You give us in each other, the to return to retirement. We know he Resolved, That upon the adoption of this gifts of those who think differently and his lovely wife, Marilyn, are resolution it shall be in order without inter- pleased that the need for his services from the way we do, those whose expe- vention of any point of order to consider in riences shape their perspectives dif- the House the joint resolution (H.J. Res. 82) has passed and that they can enjoy ferently from ours, those whose cul- making further continuing appropriations their freedom to travel and visit their tures cultivate different values and for the fiscal year 2000, and for other pur- children, grandchildren and friends sensitivities, those whom You have poses. The joint resolution shall be consid- again. placed with us in a land which we call ered as read for amendment. The previous Bob, on behalf of the House, I want to one nation, indivisible, with liberty question shall be considered as ordered on express our thanks for your service. the joint resolution to final passage without You have truly helped this institution and justice for all. intervening motion except: (1) one hour of Grant us, we pray in this season, a debate equally divided and controlled by the over the last several months and your deeper appreciation of our brothers and chairman and ranking minority member of contributions are much appreciated. our sisters all across this land, and the Committee on Appropriations; and (2) across the aisles in this chamber. Open one motion to recommit. f our hearts and strengthen our souls SEC. 2. Upon the adoption of this resolution it shall be in order without intervention of until we are instruments of Your MOTION TO ADJOURN peace. Amen. any point of order to consider in the House the joint resolution (H.J. Res. 83) making Mr. OBEY. Mr. Speaker, I move that f further continuing appropriations for the fis- the House do now adjourn. cal year 2000, and for other purposes. The THE JOURNAL joint resolution shall be considered as read The question was taken; and the The SPEAKER pro tempore. The for amendment. The previous question shall Speaker pro tempore announced that Chair has examined the Journal of the be considered as ordered on the joint resolu- the noes appeared to have it. last day’s proceedings and announces tion to final passage without intervening Mr. OBEY. Mr. Speaker, I object to motion except: (1) one hour of debate equally to the House his approval thereof. the vote on the ground that a quorum divided and controlled by the chairman and is not present and make the point of Pursuant to clause 1, rule I, the Jour- ranking minority member of the Committee nal stands approved. on Appropriations; and (2) one motion to re- order that a quorum is not present. The SPEAKER pro tempore. Evi- f commit. The SPEAKER pro tempore. The gen- dently a quorum is not present. PLEDGE OF ALLEGIANCE tleman from Florida (Mr. GOSS) is rec- The Sergeant at Arms will notify ab- The SPEAKER pro tempore. Will the ognized for 1 hour. sent Members. gentleman from Massachusetts (Mr. Mr. GOSS. Mr. Speaker, before we The vote was taken by electronic de- MOAKLEY) come forward and lead the begin on the rule, I am going to yield vice, and there were—yeas 14, nays 375, House in the Pledge of Allegiance. such time as he may consume to the not voting 44, as follows:

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

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30637 [Roll No. 598] Oxley Sandlin Tauzin The gentleman from Florida (Mr. Packard Sanford Taylor (NC) OSS YEAS—14 Pallone Sawyer G ) is recognized for 1 hour. Terry Mr. GOSS. Mr. Speaker, for purposes Etheridge McCrery Ryan (WI) Pascrell Saxton Thomas Paul Schaffer Filner Obey Sensenbrenner Thompson (CA) of debate only, I yield the customary 30 Payne Schakowsky Green (WI) Peterson (MN) Spratt Thompson (MS) minutes to the gentleman from Massa- Pease Scott Kind (WI) Petri Towns Thornberry chusetts (Mr. MOAKLEY), my colleague, Manzullo Rahall Pelosi Serrano Thune Peterson (PA) Sessions pending which I yield myself such time Thurman Phelps Shadegg NAYS—375 Tiahrt as I may consume. During consider- Pickering Shaw ation of this resolution, all time yield- Abercrombie Delahunt John Pickett Shays Tierney Aderholt DeLauro Johnson (CT) Pitts Sherman Toomey ed is for the purpose of debate only. Allen DeLay Johnson, E. B. Pombo Sherwood Traficant Mr. Speaker, today, we place before Andrews DeMint Johnson, Sam Pomeroy Shimkus Turner the House what will hopefully be the Archer Deutsch Jones (NC) Porter Shows Udall (CO) Armey Diaz-Balart Jones (OH) Portman Shuster Udall (NM) last continuing resolution for fiscal Bachus Dickey Kaptur Price (NC) Simpson Upton year 2000. Yesterday, I referred to the Baird Dicks Kelly Pryce (OH) Sisisky Velazquez movie ‘‘Groundhog Day’’ to describe Baker Dixon Kennedy Quinn Skeen Visclosky the events of the past few weeks, where Baldacci Doggett Kildee Ramstad Skelton Vitter Baldwin Doolittle Kilpatrick Rangel Slaughter Walden we seem to wake up each morning and Ballenger Doyle King (NY) Regula Smith (MI) Walsh do the same things we did the day be- Barcia Dreier Kingston Reyes Smith (NJ) Wamp fore. And while we are here again as we Barr Duncan Kleczka Reynolds Smith (TX) Waters were yesterday considering a rule to Barrett (NE) Edwards Knollenberg Riley Smith (WA) Watkins Barrett (WI) Ehlers Kolbe Rivers bring forward another short-term ex- Snyder Watt (NC) Bartlett Ehrlich Kucinich Rodriguez Souder Waxman tension of the budget deadline, we are Barton Emerson Kuykendall Roemer Spence Weiner confident that a final agreement has Bass Engel LaFalce Rogan Stabenow Weldon (FL) Becerra English LaHood Rogers Stark been brokered and the process is finally Bentsen Eshoo Lampson Rohrabacher Stearns Weldon (PA) now near total completion. Bereuter Evans Lantos Rothman Stenholm Weller Like yesterday’s, this rule is a stand- Whitfield Berkley Everett Largent Roukema Strickland ard closed rule providing for consider- Berman Ewing Larson Roybal-Allard Stump Wicker Berry Farr Latham Royce Stupak Wilson ation of a continuing resolution whose Biggert Fletcher LaTourette Rush Sununu Wolf expiration date is November 23. The Bilirakis Foley Lazio Ryun (KS) Sweeney Woolsey rule waives all points of order against Bishop Forbes Leach Salmon Talent Wu Blagojevich Ford Lee Sanchez Tancredo Wynn consideration of the joint resolution, Bliley Fossella Levin Sanders Tanner Young (FL) provides 1 hour of debate, equally di- Blumenauer Fowler Lewis (CA) NOT VOTING—44 vided between the chairman and rank- Blunt Frank (MA) Lewis (GA) ing member of the Committee on Ap- Boehlert Frelinghuysen Lewis (KY) Ackerman Hill (MT) Pastor Boehner Frost Linder Bateman Hinchey Radanovich propriations, and affords the tradi- Bonilla Gallegly Lipinski Bilbray Hoekstra Ros-Lehtinen tional motion to recommit. Bonior Ganske LoBiondo Burton Hunter Sabo Mr. Speaker, we have all been strug- Bono Gejdenson Lofgren Capps Hutchinson Scarborough Borski Gekas Lowey Carson Kanjorski gling to find the right negotiating mix Tauscher to bring this budget process to a con- Boswell Gephardt Lucas (KY) Conyers Kasich Taylor (MS) Boucher Gibbons Lucas (OK) Cox Klink Vento clusion. Our firm line in the sand has Boyd Gilchrest Luther Cubin Martinez Watts (OK) remained constant: we will not spend Brady (PA) Gillmor Maloney (CT) Dingell McIntosh Wexler Brady (TX) Gilman Maloney (NY) Dooley Meehan one dime of the Social Security Trust Weygand Brown (FL) Gonzalez Markey Dunn Meek (FL) Fund. While there has been the normal Wise Brown (OH) Goode Mascara Fattah Meeks (NY) and appropriate give and take between Bryant Goodlatte Matsui Franks (NJ) Millender- Young (AK) Burr Goodling McCarthy (MO) Gutierrez McDonald the White House and the Congress on a Buyer Gordon McCarthy (NY) Herger Oberstar host of other issues, our constituents, Callahan Goss McCollum both young and old, I think are the b 1028 Calvert Graham McDermott real winners today. Camp Granger McGovern Messrs. COBURN, BLAGOJEVICH, Campbell Green (TX) McHugh Mr. Speaker, for the first time in Canady Greenwood McInnis DICKEY, MCHUGH, MORAN of Vir- over the 3 decades, Washington, D.C., Cannon Gutknecht McIntyre ginia, LINDER, SALMON, BENTSEN, will not be using Social Security as a Capuano Hall (OH) McKeon SPENCE, FROST, Ms. WOOLSEY, Ms. slush fund. We have made the tough Cardin Hall (TX) McKinney SANCHEZ, and Ms. DANNER changed Castle Hansen McNulty choices necessary to balance the budg- Chabot Hastings (FL) Menendez their vote from ‘‘yea’’ to ‘‘nay.’’ et without touching Social Security. It Chambliss Hastings (WA) Metcalf Mr. RYAN of Wisconsin and Mr. has been a long, it has been an arduous Chenoweth-Hage Hayes Mica PETRI changed their vote from ‘‘nay’’ process; but the end result under the Clay Hayworth Miller (FL) to ‘‘yea.’’ Clayton Hefley Miller, Gary So the motion to adjourn was re- circumstances, I think, is well worth Clement Hill (IN) Miller, George the effort: a more secure retirement for Clyburn Hilleary Minge jected. Coble Hilliard Mink The result of the vote was announced all Americans. Coburn Hinojosa Moakley as above recorded. Just as there was 5 years ago when Collins Hobson Mollohan our new majority pledged to balance Combest Hoeffel Moore f the budget, some cynical naysayers Condit Holden Moran (KS) PROVIDING FOR CONSIDERATION Cook Holt Moran (VA) have claimed that we could not do the Cooksey Hooley Morella OF H.J. RES. 82, MAKING FUR- job this year without borrowing from Costello Horn Murtha THER CONTINUING APPROPRIA- Social Security. They were wrong in Coyne Hostettler Myrick TIONS FOR FISCAL YEAR 2000 1994, and they are wrong again today. Cramer Houghton Nadler Crane Hoyer Napolitano AND H.J. RES. 83, MAKING FUR- We can do better, and this budget Crowley Hulshof Neal THER CONTINUING APPROPRIA- proves it. Cummings Hyde Nethercutt TIONS FOR FISCAL YEAR 2000— Mr. Speaker, I want to particularly Cunningham Inslee Ney Continued Danner Isakson Northup commend at this time the gentleman Davis (FL) Istook Norwood The SPEAKER pro tempore (Mr. from Illinois (Mr. HASTERT), Speaker of Davis (IL) Jackson (IL) Nussle LATOURETTE). The pending business is the House, for his persistence and lead- Davis (VA) Jackson-Lee Olver consideration of House Resolution 385 ership, and the gentleman from Florida Deal (TX) Ortiz DeFazio Jefferson Ose offered by the gentleman from Florida (Mr. YOUNG), the chairman of the Com- DeGette Jenkins Owens (Mr. GOSS). mittee on Appropriations, and all the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30638 CONGRESSIONAL RECORD—HOUSE November 18, 1999 other Members who have made this day tunity to compliment and congratulate I are both known for our placid come to pass. the Members of the Committee on Ap- temperaments. I simply want to say It is a good victory for Congress, and propriations and the subcommittee that I regard Senator STEVENS as one a good one for the American people. I chairmen and all of those who have of the easiest people to deal with. Not urge a ‘‘yes’’ vote on the rule and the done such a good job through this proc- because he is easy in negotiations; he underlying CR, of course. ess. is hard as nails. But one always knows Mr. Speaker, I reserve the balance of But, Mr. Speaker, the unsung heroes where he is coming from, and he plays my time. do not often get those accolades, and I it straight; and I, again, appreciate Mr. MOAKLEY. Mr. Speaker, I thank think it is appropriate that they do. that very much. the gentleman from Florida (Mr. Those heroes are the members of the Mr. Speaker, I want to explain why I GOSS), who I have not seen since 4 Committee on Rules. They are here for called the last motion, and why I will o’clock this morning, for yielding me early morning meetings and late night be calling a number of other motions the customary half hour, and I yield meetings. I want to compliment the today. I think there are certain re- myself such time as I may consume. gentleman from California (Mr. quirements that this House ought to Mr. Speaker, even though we are 49 DREIER) and all of the members of the meet in dealing with the most basic re- days into the fiscal year, only eight of Committee on Rules for being available sponsibility it has each year, which is the thirteen appropriation bills have when the legislative process requires to pass the budget for the coming year. been signed into law. Appropriation ne- their presence. Budgets are not just numbers. They gotiations have been going on and on In the last 10 days of our very serious define our priorities. They indicate our and on, with little hope in sight. That negotiation with the representatives values. The budget is the primary doc- is until very early this morning. from the President’s office, there have ument by which Congress tries to influ- Early this morning at about 2 been numerous evenings when the ence the future direction of this coun- o’clock, the appropriators and the Committee on Rules was told, be avail- try. We owe it to the country to con- White House reached agreement on an able, because we think we might have a sider that budget in a serious, thought- enormous omnibus appropriations bill bill for their consideration tonight. ful, fair-minded and honest way. that lumps all unfinished business to- They have had to wait here until 10 or We are not going to do that today. gether in one massive document nearly 11 o’clock at night, or midnight, and The gentleman from Florida (Mr. no one can understand. And sup- then the appropriators were not ready YOUNG) indicated that this rule was put posedly, we just need to pass a couple or the deal had not been struck yet. to bed at almost 4 o’clock this morn- of more continuing resolutions to keep They have been so faithful to their re- ing. It looks like it. I saw Arianna the government open until the appro- sponsibilities, and I just think it is Huffington, again a person with whom priation process is mercifully behind timely to call attention to the work I do not share much in common philo- us, and the President signs this behe- that they do and the generous giving of sophically, but I saw her on a tele- moth bill. their time to help this process move. vision program on women’s issues a few Mr. Speaker, the rule we are consid- Again, I want to thank the gen- nights ago; and she observed that she ering today makes in order not one, tleman from California (Chairman was very concerned about politicians but two continuing resolutions. The DREIER) and the gentleman from Mas- who would brag about the fact that first expires on November 23, and the sachusetts (Mr. MOAKLEY), the ranking they were up until 4 o’clock in the second expires on December 2. I am member, and all of the members of the morning making decisions. She said, ‘‘I told this is done to accommodate the Committee on Rules for being so pa- do not trust any decision that is made deliberations of the Senate, so I see no tient with us as we move this process at 4 o’clock in the morning,’’ and I reason to oppose it, despite the strange through. think she is largely right. and inefficient process. Mr. MOAKLEY. Mr. Speaker, I yield My problem, and I have numerous Mr. Speaker, I urge my colleagues to 8 minutes to the gentleman from Wis- problems with this bill and I will ex- support this rule, and support the con- consin (Mr. OBEY), ranking member on plain more of them in detail when we tinuing resolution. the Committee on Appropriations. get to the actual appropriation vehicle Mr. Speaker, I reserve the balance of Mr. OBEY. Mr. Speaker, first of all, later on today or tomorrow, but the my time. before I begin, I simply want to say fact is that there are two problems Mr. GOSS. Mr. Speaker, I yield 2 something about two people. I would that I have that override all others. minutes to the distinguished gen- like to say that the gentleman from First of all, we have at least nine sepa- tleman from Florida (Mr. YOUNG), my Florida (Mr. YOUNG) is one of the most rate authorization measures which are colleague and friend, the chairman of decent human beings I have ever dealt being folded into this bill. One of them, the Committee on Appropriations. with in the over 30 years I have been a a more than 300-page authorization bill Mr. YOUNG of Florida. Mr. Speaker, Member of this House. He and I do not which is yet to be conferenced, and yet I thank the gentleman from Florida share the same political philosophy on it is being thrown in here. I defy my (Mr. GOSS) for yielding me the time, many, many issues; and he and I have colleagues to tell me what is in it, and and I think we are going to pass the different institutional responsibilities. I urge my colleagues to remember that rule without too much difficulty. We try to meet our institutional re- we will probably be, long after this bill But, Mr. Speaker, if I could have the sponsibilities to this House as one. is done, we will be trying to find out attention of the House, the gentleman Mr. Speaker, I want to say with all what is in it. from Massachusetts (Mr. MOAKLEY) the sincerity at my command that the There are nine separate authoriza- just mentioned the 4 o’clock hour, and gentleman from Florida (Mr. YOUNG), tions. I believe instead of having only 1 he is right on target. At 6 minutes in the way that he deals honorably hour to debate all of those authoriza- after 3 a.m. this morning, with the gen- with each and every other Member of tions, plus the budgetary decisions tleman from California (Mr. DREIER) in this House, is the way every Member of that were made here in the bill before the chair, I was able to file the final this place ought to deal with each and us today, I believe each of those au- agreement on the last appropriations every Member. I know that if the gen- thorizations should be pulled out of the package. tleman promises me something, he will bill. They should be debated separately We went to the Committee on Rules stick to it. And I know that he will do and sequentially for at least an hour at 20 minutes after 3:00 and by 3:45, my the best job that he can to deal with before we vote on each and every one of part of it was complete and I was home the concerns of each and every Member them. by 4:30 this morning. I am not sure of this House. Secondly, I think we should have had when the gentleman from Massachu- I also want to say that with respect 24 hours to understand what is in this setts got home, but the important to his counterpart in the other body, bill. We are going to be haunted by a issue here is that I have the oppor- Senator STEVENS, Senator STEVENS and number of things that are in this bill.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30639 Mr. Speaker, among the authorizations Mr. MOAKLEY. Mr. Speaker, I yield In 1997, this House engaged in a great that are added to this bill are the Medi- 2 minutes to the gentleman from Min- orgy of self-congratulation by adopting care, Medicaid and State Children’s nesota (Mr. MINGE). a budget bill which not only cut Medi- Health Insurance program, which I Mr. MINGE. Mr. Speaker, I would care, apparently without anybody here probably favor. But I think we ought to like to begin by associating myself realizing that that was happening, but know more about how they are being with the comments of the gentleman which enacted a set of restrictions on put together. from Wisconsin. total spending. They would have lasted Second, we have the Admiral James Today, we have before us an omnibus from 1997 until 2002, and they would be W. Nance and Meg Donovan Foreign bill which, unfortunately, bears many a template for the future. Alas, they Relations Authorizations Act. I do not similarities to the legislation that we did not last very long. The great bal- have the foggiest idea what is in that considered a year ago at the close of anced budget accomplishment of 1997, and neither does anybody else on the the session. And for many of us, we the caps, which were unnecessary and floor. We have H.R. 3428, which brings promised we would never again let our- unrealistic at the time, have died. And several dairy authorization measures selves be trapped in this situation. We it does not seem to me in this Cham- to this floor, including the Northeast had a bipartisan budget process reform ber, where we are so given to ceremo- Compact. That compact was slipped task force that worked. We came up nial oratory, that we ought to allow into the law in the first place several with a series of recommendations. But, that death to pass unnoticed. years ago without ever having been tragically, none of these recommenda- The premature passing of the caps, as voted on by either body. It was slipped tions was even brought to the floor for I said, is not an occasion for mourning. in by the Senate, and now we are again debate. I hope that in the year 2000 we I think it is an occasion for celebration slipping it in without it ever having can indeed take up this budget reform that reality has finally broken through been considered by either body. I think proposal and, hopefully, avoid an omni- the ideological miasma, but it ought to that is illegitimate. bus catch-all bill of the type that is be noted. And it ought to be noted for The Intellectual Property and Com- being criticized today. a couple of reasons. munications Omnibus Reform Act. I recognize there are many good First of all, there were many of us That is the satellite bill. I understand, points to the bill, and I too would com- who, in 1997, thought that the caps coming from a rural area, the loan pliment the chairman of the Com- were, to use technical parliamentary guarantees that are useful in rural mittee on Appropriations for his work. language, a very stupid idea. They were areas have been taken out of that bill. I have deep respect for him. But I clearly unrealistic, unsustainable, and b 1045 would like to point out that there are they were a farce. And I find, Mr. I understand there are also patents many things in there that ought to be Speaker, having been one of those who and trademark items in that bill. I separately considered or are simply in- said that in 1997, that as I get older one think we ought to know more about appropriate in the bill, and commit- of the few pleasures that increases with that. ments were made earlier in the session age is being able to say, ‘‘I told you We have the Superfund Recycling Eq- by the Speaker, by the majority leader so.’’ So I do want to say that I and oth- uity Act. This bill reminds me of what and others that these provisions would ers told you so in 1997. Welcome to re- Churchill said about Russia, ‘‘A riddle not show up in an appropriations bill. ality. wrapped in a mystery inside an enig- One such provision relates to dairy But it also is important because it ma.’’ We do not have any idea what policy. In this country we have endured shows that the vision of the role of the that bill is really going to do in the a dairy policy which has split our Na- public sector that motivated this fine print. tion into separate zones for no good House, and particularly the majority in Then we have the Canyon Ferry Res- reason other than to try to maintain 1997, was flawed deeply. The American ervoir provisions, and international some anti-competitive framework in public understood better than this debt relief (again which I favor); but I dairy. This is crazy. In early December, House did that there are needs that can am concerned, very, very concerned, we will go to Seattle, many will go to best be served by private expenditures, about one section of that bill, which I Seattle, for the WTO conference where but for a civilized society to achieve think may not in fact deliver what it we will be urging that Congress expand the right quality of life, some things appears to promise. our international trade opportunities. have to be done together; transpor- Then we have a number of private And why is it at the same time that we tation, the environment, compassion bills which have been attached, one of are expanding international trade op- for people in need, public safety. which I think I would favor and the portunities we continue to balkanize And the reason the caps died other which I am concerned about be- our country with respect to dairy pro- unceremoniously, hopefully unnoticed, cause it only includes a few people out gramming? according to the people on the other of a much broader class that ought to Mr. Speaker, it makes absolutely no side, they have a new thing about So- be included in the kind of relief con- sense that we would continue to bal- cial Security spending, but I urge peo- templated by that bill that is going to kanize this country for purposes of ple to go back and read the budget de- be given. dairy policy so that fluid milk from bates of 1997. Never has an entity, the In my view, every time I make a mo- one part of the country, namely the caps, been so widely praised and so tion which requires a rollcall before we upper Midwest, is at a competitive dis- quickly thrown over the side when re- can proceed to the next stage, that advantage because of government pol- ality broke in. gives Members more time to find out icy with fluid milk from other parts of But the important point is that this what is in this bill before they actually the country. We cannot allow this type is simply not a mistake made in num- cast the most important vote of the of antiquated dairy policy to survive, bers. It was a miscalculation about the session. That is why I intend to make and for this reason and others I will be American people’s understanding of the numerous motions today, and I most opposing the bill. importance of a public sector. The definitely would not count on being out Mr. MOAKLEY. Mr. Speaker, I yield problem the people who put the caps of here by 4 p.m. or 5 p.m., or maybe 5 minutes to the gentleman from Mas- had is this. It is a mathematical prob- even today. sachusetts (Mr. FRANK). lem. They tried to construct a whole ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. FRANK of Massachusetts. Mr. that was smaller than the sum of the The SPEAKER pro tempore (Mr. Speaker, I am sorry, marginally, to parts. LATOURETTE). The Chair would remind delay proceedings, but I do not think All year we have been dealing with all Members that it is not appropriate that significant deaths should go unno- the parts. And as we look at those to make references to the characteris- ticed. Unmourned, yes, but not unno- parts, public safety, education, the en- tics of Senators, even favorable charac- ticed. And I am talking about the caps vironment, highways, et cetera, et teristics. of 1997. cetera, as we look at the parts, we find

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30640 CONGRESSIONAL RECORD—HOUSE November 18, 1999 that they add up to more than that I think this bill has some valuable who own homes, who pay taxes, whose whole. And, therefore, the whole with points to it. Ultimately, when it comes children are in school, but we have the ‘‘W’’ has become a hole with an to the floor, we are told that teaching thrown them aside. ‘‘H.’’ It has become a hole in the hospitals, Medicare payments to hos- Human lives around here does not ground into which the caps have been pitals, and health care providers are in- matter. But if they have got a big interred and over which today we will cluded. That is a positive. It helps my checkbook, they can write a check to shovel the dirt. community in Houston. My own school somebody, you can be sure, to get their So Members should be aware that district suffered for the lack of teach- stuff in an omnibus bill. when they vote today on the major ers, so 100,000 teachers will be valuable. I would tell Members who are consid- bill, the multi-omnibus appropriation Fifty thousand police will be valuable ering voting for this that it is not bill, they are funding the government as well. worth voting for and sacrificing prin- at a reasonable level. And funding the But I cannot tell for the life of me ciples when they do not know whether government at a reasonable level whether we are spending the Social Se- they are saving Social Security or means the end of the caps. And I hope curity surplus or whether we are sav- whether they are digging a big, deep that we will not again put ourselves ing it. And because my seniors are ex- hole. through that. tremely important to me, I have great If we had gone through this process Now, of course, it is also the case doubts about this bill. And, in fact, the way we were supposed to go that that bill will undo part of what we since it is not here on the table, I think through it and had the appropriate re- did with Medicare. And as I look at the all the Members should be questioning view of these appropriations bills, extent to which this bill today will re- this bill. maybe we would be able to have a con- pudiate what was so enthusiastically Then it is interesting that although sidered process in dealing with this om- held in 1997, I do wonder whether or not we have argued continuously about rid- nibus bill. the crack investigative team, assem- ers and legislating on appropriations I would simply say, Mr. Speaker, bled by the gentleman from Indiana on bills, because every time we bring up that this continuing resolution really the Committee on Government Reform, the idea of a patients’ bill of rights, needs to be extended so that we can go ought not to be set forward. Because which 80 percent of the American peo- to the drawing boards and deal with there is a possibility that in 1997 im- ple would like to see us pass, or pre- this bill in the way that the American posters invaded this House, imperson- scription protection for our seniors, people would like us to do so. And that ated Members and voted into public who are begging for relief because they is to include the likes of prescription policy Medicare and spending programs cannot pay for housing and food and protection for our seniors; include a pa- that were so foolish that today we have prescriptions at the same time, we get tients’ bill of rights; to discuss a real to repudiate them. an argument that we cannot legislate hate crimes bill; to provide compensa- Now, back in 1997, DNA evidence was on appropriations bills. Yet we have a tion for the families who lost loved not as developed, so we may never 300-page State Department bill, which ones in the bombings in Africa; to keep know whether it was the real Members nobody knows what is in it; we have family planning in; and, yes, to take of the House or a group of mass invad- satellite TV special interests, and I am care of our teaching hospitals, the ers who did it. But whatever the reason sure they are interested in that. I hap- 100,000 teachers and the 50,000 police. was, the fact that the bill today will be pen to support the resolution on that. But for God’s sake, let us not vote on a thorough repudiation of the mistakes But here we are lumping all of that to- a ghost of a bill when we do not know of 1997, is something to be noticed, al- gether. We have the dairy issue, which whether we are saving Social Security though not mourned. some of our Members are for and or spending every dime. Mr. MOAKLEY. Mr. Speaker, I yield against. Mr. FROST. Mr. Speaker, I yield 2 41⁄2 minutes to the gentlewoman from minutes to the gentleman from Min- b 1100 Texas (Ms. JACKSON-LEE). nesota (Mr. PETERSON). Ms. JACKSON-LEE of Texas. Mr. We are lowering the maintenance and Mr. PETERSON of Minnesota. Mr. Speaker, I wish we could vote. I wish readiness of our military by cutting Speaker, I thank the gentleman for we had something of consequence to into that very deeply. We have literally yielding me the time. vote on. I wish my colleagues on the taken women for granted and thrown Mr. Speaker, I want to today asso- other side of the aisle would have pro- them aside because we have said family ciate myself with the remarks of the vided us with real legislation. planning for women around the world, gentleman from Wisconsin (Mr. OBEY). I thank my good friend from Massa- protecting their lives is irrelevant; This is no way to do the process and chusetts, the ranking member of the here goes women again; just throw the work of the House. Committee on Rules; but unfortu- them off the side of the Earth. As the gentleman from Wisconsin nately, what we have here is a bag of And then I have been meeting for the (Mr. OBEY) pointed out, we have nine tricks. This is a continuing resolution families of the victims of the Tanzania authorizations in this bill. I would like with an extension to November 23. It is and Kenya bombings. We agree we were to focus on one of them. a rule for that. I would ask, though I do in error. We know we did not have the I have had the misfortune, I guess realize that we are facing the Thanks- kind of secure premises that we should you might call it, of serving on the giving holiday, that we take our re- have had in our embassies overseas. Livestock and Horticulture Sub- sponsibilities in this body seriously. And yet, nobody has responded to the committee of the Committee on Agri- And though I appreciate the work of plea of these families to provide them culture the last 4 years and went the chairman of the Committee on Ap- with any relief. At least no one has through the process when Steve propriations and the ranking member called my office and said that we have Gunderson and myself, as ranking for their individual intensity in the ne- given relief to the victims of those member, and tried to bring some legis- gotiations of this particular omnibus bombings who have lost loved ones. lation to the floor. bill, it is sad and it is not worthy of the Some family members lost two mem- At that time, we were told that this American people. bers of their family. was too complicated; we could not leg- Earlier this morning we heard a And then we leave in a deep, dark islate it; so we had to give this to the point that I think is very well taken. hole 300,000 immigrants who have been Department and set up a process to fig- The American people do not even know paying taxes in this country who plead- ure out how we are going to untangle what we are doing up here. They do not ed to simply allow them to apply for this convoluted system that puts one understand the concept, and all of the legal citizenship because the INS part of the country against another. mishmash and misinformation that has messed up procedurally their right to So we went through that process. The been given to them leaves them con- apply for citizenship. We have been results did not please the people that fused. begging for relief for these individuals put this forward, so now they have

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30641 turned around 180 degrees and they say, work on these issues; and there is no [Roll No. 599] well, now it is not appropriate to do unanimity to these issues, but there YEAS—375 this by rule; now we are going to legis- are always disagreements. I appreciate Abercrombie Dooley LaFalce late it. the ranking member of the Committee Aderholt Doolittle LaHood But what people need to understand, on Appropriations and the concerns Allen Doyle Lampson Andrews Dreier Lantos in addition to that, the fact that we that he shares, because some of us look Archer Duncan Largent are legislating 1(a), which is basically at this glass of milk as half full rather Armey Edwards Larson the current fluid milk differentials, we than half empty. Bachus Ehlers Latham are also legislating the Northeast Com- Baker Ehrlich LaTourette I would also like to focus on the pact again in this bill, we are taking Baldacci Emerson Lazio teachers, the teacher training, the Baldwin Engel Leach probably the most important part of smaller classrooms, more discipline, Ballenger English Levin the dairy provision and suspending it Barcia Eshoo Lewis (CA) higher test scores. We are talking until December 1, 2000. And that is the Barr Etheridge Lewis (KY) about 50,000 more police officers, safer Barrett (NE) Everett Linder new manufacturing price maneuver schools, more protection in our com- Barrett (WI) Ewing Lipinski that was established under this rule Bartlett Farr LoBiondo munity. We are looking at veterans’ that USDA put forward. Barton Fletcher Lofgren Now, those of my colleagues that health care. And we are talking about Bass Foley Lowey Bateman Ford Lucas (KY) have dairy farms in their district corrections in the balanced budget amendment that impacted on hospitals Bentsen Fossella Lucas (OK) should understand this. I represent a Bereuter Fowler Maloney (NY) district that in some places we have and home health agencies. Berkley Frank (MA) Manzullo more cows than we have people. I have So there are many things that I Berman Frelinghuysen Markey Berry Frost Martinez one county that has 63,000 cows. I have think that when we look at that we Biggert Gallegly Mascara more cows in my district than they could be in opposition towards. And, Bilbray Ganske Matsui have in the whole entire Northeast believe me, there are many things that Bilirakis Gejdenson McCarthy (MO) Bishop Gekas McCarthy (NY) Dairy Compact. And so, we are very I would rewrite. But, as I have learned Blagojevich Gephardt McCollum concerned about this. But the people in this process, we will have an oppor- Bliley Gibbons McCrery that represent dairy farmers under- tunity in the future to change those Blunt Gilchrest McGovern stand that the basic formula price that things, to fight for those things, and Boehlert Gillmor McHugh Boehner Gilman McInnis we have got in place has caused some another day will be in front of us. Bonilla Gonzalez McIntyre tremendous volatility in the prices for Mr. FROST. Mr. Speaker, I yield Bono Goode McKeon Borski Goodlatte McKinney dairy farmers. back the balance of my time. We have seen a drop of $6 a hundred- Boswell Goodling McNulty Mr. GOSS. Mr. Speaker, I yield my- Boucher Gordon Meek (FL) weight a few months ago. We just saw Boyd Goss Meeks (NY) another big drop recently. We are not self such time as I may consume for Brady (PA) Graham Menendez going to fix this by stalling this whole the observation that this has been a de- Brady (TX) Granger Metcalf process and legislating, basically, the bate about the continuing resolution Brown (FL) Green (TX) Mica rule, and I think it has been properly Bryant Green (WI) Millender- status quo on dairy. Burr Greenwood McDonald Mr. FROST. Mr. Speaker, I yield 3 described. Burton Gutknecht Miller (FL) minutes to the gentleman from Maine I think it is a worthy rule. We all Buyer Hall (OH) Miller, Gary (Mr. BALDACCI). Callahan Hall (TX) Mink know we have to have the continuing Calvert Hansen Moakley Mr. BALDACCI. Mr. Speaker, first of resolution. We have provided for con- Camp Hastings (FL) Moore all, this is certainly a very terrible tingencies as this, as has been ex- Campbell Hastings (WA) Moran (KS) process, and it is no way to run a rail- plained by the gentleman from Massa- Canady Hayes Moran (VA) road. Cannon Hayworth Morella chusetts (Mr. MOAKLEY) and myself. No Capuano Hefley Murtha There are many things that I would matter how the Members feel about in- Cardin Herger Myrick add, or there are many things that I dividual pieces of the appropriations Castle Hill (MT) Nadler Chabot Hilleary Neal would take out if I were in charge and process, I do urge their consideration was able to do it. But that is not the Chambliss Hilliard Nethercutt and in a favorable way for this con- Chenoweth-Hage Hinojosa Ney way the process works. And now we are tinuing resolution, which is necessary Clay Hobson Northup at this particular point. for us to get on with our business and Clayton Hoeffel Norwood I think that there are more good Clement Holden Nussle the rest of the day’s work. things in this package than there are Clyburn Holt Oberstar Mr. Speaker, I yield back the balance Coble Hooley Obey things that cause me concern to vote Coburn Horn Olver against it. One, I would like to focus on of my time, and I move the previous Collins Hostettler Ortiz in particular is dairy. question on the resolution. Combest Houghton Ose The policies that we have been hear- Cook Hoyer Owens The SPEAKER pro tempore (Mr. Cooksey Hulshof Oxley ing talked about as it pertains to dairy LATOURETTE). The question is on order- Costello Hunter Packard does not take away from the issue of ing the previous question. Cox Hutchinson Pallone Coyne Hyde Pascrell recognizing that the USDA’s policy The question was taken; and the was going to cost small dairy farmers Cramer Isakson Paul Speaker pro tempore announced that Crane Istook Payne $200 million. It was not going to leave the ayes appeared to have it. Crowley Jackson (IL) Pease things the way they were. It was going Cubin Jefferson Pelosi to take $200 million from small dairy Mr. OBEY. Mr. Speaker, I object to Cummings Jenkins Peterson (MN) the vote on the ground that a quorum Cunningham John Peterson (PA) farmers who are on the verge of col- Danner Johnson (CT) Petri lapse or death and be put out of busi- is not present and make the point of Davis (FL) Johnson, E. B. Phelps ness. It retains an extension in a dairy order that a quorum is not present. Davis (IL) Johnson, Sam Pickering Davis (VA) Jones (NC) Pickett compact that was a compact between The SPEAKER pro tempore. Evi- Deal Jones (OH) Pitts the consumers and the dairy farmers. dently a quorum is not present. DeGette Kaptur Pombo If we look at the price differentials, The Sergeant at Arms will notify ab- Delahunt Kasich Pomeroy we will see that the price of milk in the DeLauro Kelly Porter sent Members. DeLay Kilpatrick Portman Northeast is five cents cheaper than This will be a 15-minute vote fol- DeMint Kind (WI) Price (NC) the national average. So that has been Deutsch King (NY) Pryce (OH) a benefit between the farmers and the lowed by a possible 5-minute vote. Diaz-Balart Kingston Quinn The vote was taken by electronic de- Dickey Kleczka Radanovich consumers. Dicks Knollenberg Ramstad I am also a member of the House vice, and there were—yeas 375, nays 45, Dingell Kolbe Regula Committee on Agriculture, and we not voting 13, as follows: Dixon Kuykendall Reyes

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30642 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Reynolds Shimkus Tiahrt The question was taken; and the Regula Sherwood Thornberry Riley Shuster Tierney Speaker pro tempore announced that Reyes Shimkus Thune Rivers Simpson Toomey Reynolds Shows Thurman Rodriguez Sisisky Towns the ayes appeared to have it. Riley Shuster Tiahrt Roemer Skeen Traficant RECORDED VOTE Rodriguez Simpson Toomey Rogan Skelton Roemer Sisisky Turner Mr. OBEY. Mr. Speaker, I demand a Towns Rogers Slaughter Udall (CO) Rogan Skeen Traficant Rohrabacher Smith (MI) Upton recorded vote. Rogers Skelton Turner Rothman Smith (NJ) Rohrabacher Smith (MI) Vento A recorded vote was ordered. Upton Roukema Smith (TX) Roukema Smith (NJ) Visclosky Vento Roybal-Allard Smith (WA) The SPEAKER pro tempore. This Roybal-Allard Smith (TX) Vitter Vitter Royce Snyder will be a 5-minute vote. Royce Smith (WA) Walden Rush Souder Walden Rush Snyder The vote was taken by electronic de- Walsh Ryan (WI) Spence Walsh Ryun (KS) Souder vice, and there were—ayes 316, noes 101, Wamp Ryun (KS) Spratt Wamp Sabo Spence Sabo Stearns Watkins not voting 16, as follows: Salmon Stearns Watkins Salmon Stenholm Watt (NC) [Roll No. 600] Sanders Stump Watts (OK) Sanchez Stump Watts (OK) Sandlin Stupak Waxman Sanders Stupak Waxman YEAS—316 Sanford Sununu Weiner Sandlin Sununu Weiner Abercrombie Dicks Kingston Sawyer Sweeney Weldon (FL) Sanford Sweeney Weldon (FL) Aderholt Dingell Klink Saxton Talent Weldon (PA) Sawyer Talent Weldon (PA) Archer Dixon Knollenberg Schaffer Tancredo Weller Saxton Tancredo Weller Armey Doggett Kolbe Schakowsky Tanner Whitfield Schaffer Tanner Whitfield Bachus Dooley Kuykendall Serrano Tauscher Wicker Schakowsky Tauscher Wicker Baird Doolittle LaFalce Sessions Tauzin Wilson Wolf Sensenbrenner Tauzin Wilson Baker Dreier LaHood Shadegg Taylor (NC) Serrano Baldacci Wynn Taylor (NC) Wolf Duncan Lampson Shaw Terry Sessions Terry Ballenger Ehlers Largent Shays Thomas Young (AK) Woolsey Shadegg Thomas Barcia Ehrlich Latham Sherman Thompson (MS) Young (FL) Wu Shaw Thompson (CA) Barr Emerson LaTourette Shays Thompson (MS) Wynn Barrett (NE) Engel Lazio NAYS—101 Sherman Thornberry Young (AK) Bartlett English Leach Young (FL) Allen Hastings (FL) Napolitano Sherwood Thune Barton Eshoo Levin Andrews Hill (IN) Oberstar Bass Everett Lewis (CA) NAYS—45 Baldwin Hinchey Obey Bateman Ewing Lewis (KY) Barrett (WI) Hoeffel Olver Baird Jackson-Lee Pastor Bereuter Farr Linder Becerra Holt Owens Becerra (TX) Rahall Berkley Fletcher Lipinski Bentsen Hooley Pallone Blumenauer Kanjorski Rangel Berman Foley LoBiondo Berry Inslee Pascrell Bonior Kennedy Scott Biggert Fossella Lofgren Blumenauer Jackson-Lee Payne Brown (OH) Kildee Shows Bilbray Fowler Lowey Bonior (TX) Petri Carson Klink Stabenow Bilirakis Frank (MA) Lucas (KY) Brown (FL) Johnson, E. B. Pomeroy Condit Kucinich Stark Bishop Frelinghuysen Lucas (OK) Brown (OH) Kanjorski Rahall Blagojevich Gallegly Maloney (NY) DeFazio Lee Strickland Capuano Kennedy Rivers Doggett Lewis (GA) Bliley Ganske Matsui Taylor (MS) Carson Kildee Rothman Evans Luther Blunt Gekas McCarthy (NY) Thurman Clayton Kind (WI) Ryan (WI) Filner Maloney (CT) Boehlert Gephardt McCollum Udall (NM) Clement Kucinich Sanchez Forbes McDermott Boehner Gibbons McCrery Condit Lantos Scott Gutierrez Miller, George Velazquez Bonilla Gilchrest McHugh Waters Costello Larson Sensenbrenner Hill (IN) Minge Bono Gillmor McInnis Coyne Lee Slaughter Wise Hinchey Mollohan Borski Gilman McIntyre DeGette Lewis (GA) Spratt Inslee Napolitano Boswell Gonzalez McKeon DeLauro Luther Stabenow Boucher Goode McKinney NOT VOTING—13 Doyle Maloney (CT) Stark Boyd Goodlatte Meeks (NY) Edwards Manzullo Stenholm Ackerman Franks (NJ) Scarborough Brady (PA) Goodling Menendez Etheridge Markey Taylor (MS) Capps Hoekstra Wexler Brady (TX) Goss Metcalf Evans Martinez Thompson (CA) Conyers McIntosh Weygand Bryant Graham Mica Fattah Mascara Tierney Dunn Meehan Burr Granger Millender- Filner McCarthy (MO) Udall (CO) Fattah Ros-Lehtinen Burton Greenwood McDonald Forbes McDermott Udall (NM) Buyer Gutierrez Miller (FL) Ford McGovern Velazquez b 1129 Callahan Hall (OH) Miller, Gary Frost McNulty Visclosky Calvert Hall (TX) Mink Gejdenson Meek (FL) Waters Mr. Inslee changed his vote from Camp Hansen Moore ‘‘yea’’ to ‘‘nay.’’ Gordon Miller, George Watt (NC) Campbell Hastings (WA) Moran (KS) Green (TX) Minge Wise Ms. MCCARTHY of Missouri, Mr. Canady Hayes Moran (VA) Green (WI) Moakley Woolsey GEJDENSON, Ms. DELAURO, Mr. Cannon Hayworth Morella Gutknecht Mollohan Wu WAXMAN, and Mr. RUSH changed Cardin Hefley Murtha Castle Herger Myrick NOT VOTING—16 their vote from ‘‘nay’’ to ‘‘yea.’’ Chabot Hill (MT) Nadler So the previous question was ordered. Chambliss Hilleary Neal Ackerman Hoekstra Scarborough The result of the vote was announced Clay Hilliard Nethercutt Capps Kleczka Strickland Clyburn Hinojosa Ney Chenoweth-Hage McIntosh Wexler as above recorded. Coble Hobson Northup Conyers Meehan Weygand MOTION TO RECONSIDER THE VOTE OFFERED BY Coburn Holden Norwood Dunn Peterson (MN) Franks (NJ) Ros-Lehtinen MR. OBEY Collins Horn Nussle Mr. OBEY. Mr. Speaker, I move to re- Combest Hostettler Ortiz Cook Houghton Ose consider the vote just taken. Cooksey Hoyer Oxley b 1139 The SPEAKER pro tempore Cox Hulshof Packard Messrs. HOLT, OBERSTAR, and Cramer Hunter Pastor (LATOURETTE). Did the gentleman from GUTKNECHT changed their vote from Wisconsin support the previous ques- Crane Hutchinson Paul Crowley Hyde Pease ‘‘aye’’ to ‘‘no.’’ tion? Cubin Isakson Pelosi Messrs. HERGER, DICKS, HALL of Mr. OBEY. Yes, I did. Cummings Istook Peterson (PA) Cunningham Jackson (IL) Phelps Ohio, and BOYD, and Mrs. MYRICK, MOTION TO TABLE OFFERED BY MR. GOSS Danner Jefferson Pickering Ms. BERKLEY, and Ms. ROYBAL-AL- Mr. GOSS. Mr. Speaker, I move to Davis (FL) Jenkins Pickett LARD changed their vote from ‘‘no’’ to lay on the table the motion to recon- Davis (IL) John Pitts ‘‘aye.’’ sider. Davis (VA) Johnson (CT) Pombo The SPEAKER pro tempore. The Deal Johnson, Sam Porter So the motion to table the motion to DeFazio Jones (NC) Portman reconsider was agreed to. question is on the motion offered by Delahunt Jones (OH) Price (NC) the gentleman from Florida (Mr. GOSS) DeLay Kaptur Pryce (OH) The result of the vote was announced to lay on the table the motion to re- DeMint Kasich Quinn as above recorded. Deutsch Kelly Radanovich consider the vote offered by the gen- Diaz-Balart Kilpatrick Ramstad The SPEAKER pro tempore. The tleman from Wisconsin (Mr. OBEY). Dickey King (NY) Rangel question is on the resolution.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30643 The question was taken; and the Nussle Sabo Tanner MOTION TO TABLE OFFERED BY MR. GOSS Speaker pro tempore announced that Obey Salmon Tauscher Mr. GOSS. Mr. Speaker, I move to Olver Sanders Tauzin the ayes appeared to have it. Ortiz Sandlin Taylor (NC) lay on the table the motion to recon- RECORDED VOTE Ose Sanford Terry sider. Oxley Sawyer Thomas The SPEAKER pro tempore. The Mr. OBEY. Mr. Speaker, I demand a Packard Saxton Thompson (CA) recorded vote. Pastor Schaffer Thornberry question is on the motion offered by A recorded vote was ordered. Paul Schakowsky Thune the gentleman from Florida (Mr. GOSS) The SPEAKER pro tempore. This Pease Scott Thurman to lay on the table the motion to re- Peterson (PA) Serrano Tiahrt consider the vote offered by the gen- will be a 5-minute vote. Petri Sessions Toomey BEY The vote was taken by electronic de- Phelps Shadegg Towns tleman from Wisconsin (Mr. O ). vice, and there were—ayes 352, noes 63, Pickering Shaw Traficant The question was taken; and the Pickett Shays Turner Speaker pro tempore announced that not voting 18, as follows: Pitts Sherman Udall (CO) Pombo Sherwood the ayes appeared to have it. [Roll No. 601] Udall (NM) Pomeroy Shimkus Upton RECORDED VOTE AYES—352 Porter Shows Vento Abercrombie DeLay Jenkins Portman Shuster Mr. OBEY. Mr. Speaker, I demand a Vitter Aderholt DeMint John Price (NC) Simpson recorded vote. Allen Deutsch Johnson (CT) Pryce (OH) Sisisky Walden Walsh A recorded vote was ordered. Andrews Diaz-Balart Johnson, Sam Quinn Skeen The SPEAKER pro tempore. This Archer Dickey Jones (NC) Radanovich Skelton Wamp Armey Dicks Jones (OH) Ramstad Slaughter Watkins will be a 5-minute vote. Bachus Dingell Kanjorski Rangel Smith (MI) Watt (NC) The vote was taken by electronic de- Watts (OK) Baird Dixon Kaptur Regula Smith (NJ) vice, and there were—ayes 294, noes 123, Baker Dooley Kasich Reyes Smith (TX) Waxman Baldacci Doolittle Kelly Reynolds Smith (WA) Weiner not voting 16, as follows: Ballenger Doyle Kildee Rivers Snyder Weldon (FL) [Roll No. 602] Barcia Dreier Kilpatrick Rodriguez Souder Weldon (PA) Barr Duncan King (NY) Roemer Spence Weller AYES—294 Barrett (NE) Edwards Kingston Rogan Spratt Whitfield Abercrombie Davis (IL) Hulshof Bartlett Ehlers Kleczka Rogers Stabenow Wicker Aderholt Davis (VA) Hunter Bass Ehrlich Knollenberg Rohrabacher Stearns Wilson Archer Deal Hutchinson Bateman Emerson Kolbe Rothman Strickland Wolf Armey DeFazio Hyde Bentsen Engel Kuykendall Roukema Stump Woolsey Bachus DeGette Isakson Bereuter English LaFalce Roybal-Allard Sununu Wu Baird DeLay Istook Berkley Eshoo LaHood Royce Sweeney Wynn Baker DeMint Jackson (IL) Berry Etheridge Lampson Rush Talent Young (AK) Ballenger Deutsch Jenkins Biggert Evans Lantos Ryun (KS) Tancredo Young (FL) Barcia Diaz-Balart John Bilbray Everett Largent Barr Dickey Johnson (CT) Bilirakis Ewing Larson NOES—63 Barrett (NE) Dicks Johnson, Sam Bishop Farr Latham Baldwin Hill (IN) Owens Bartlett Dingell Jones (OH) Blagojevich Fletcher LaTourette Barrett (WI) Hilliard Pallone Barton Dixon Kanjorski Bliley Foley Lazio Becerra Hoeffel Pascrell Bass Doolittle Kaptur Blunt Ford Leach Bateman Dreier Kasich Blumenauer Holt Payne Boehlert Fossella Levin Bereuter Duncan Kelly Borski Hooley Pelosi Boehner Fowler Lewis (CA) Berkley Ehlers King (NY) Brady (PA) Inslee Peterson (MN) Bonilla Frank (MA) Lewis (GA) Brown (OH) Jackson-Lee Biggert Ehrlich Kingston Bonior Frelinghuysen Lewis (KY) Rahall Bilbray Emerson Klink Clyburn (TX) Ryan (WI) Bono Frost Linder Condit Johnson, E. B. Bilirakis Engel Knollenberg Sanchez Boswell Gallegly Lipinski Costello Kennedy Bishop Eshoo Kolbe Sensenbrenner Boucher Ganske LoBiondo Coyne Kind (WI) Blagojevich Everett Kuykendall Stark Boyd Gejdenson Lofgren Crowley Klink Bliley Ewing LaFalce Brady (TX) Gephardt Lucas (KY) DeFazio Kucinich Stenholm Blunt Fattah LaHood Brown (FL) Gibbons Lucas (OK) Delahunt Lee Stupak Boehlert Fletcher Lantos Bryant Gilchrest Luther Doggett Maloney (CT) Taylor (MS) Boehner Foley Largent Burr Gillmor Maloney (NY) Fattah Manzullo Thompson (MS) Bonilla Ford Latham Burton Gilman Markey Filner McDermott Tierney Bono Fossella LaTourette Buyer Gonzalez Martinez Forbes Meeks (NY) Velazquez Borski Fowler Lazio Callahan Goode Mascara Green (WI) Miller, George Visclosky Boswell Frelinghuysen Leach Calvert Goodlatte Matsui Gutierrez Minge Waters Boucher Gallegly Lewis (CA) Camp Goodling McCarthy (MO) Gutknecht Mollohan Wise Boyd Ganske Lewis (KY) Campbell Gordon McCarthy (NY) Hastings (FL) Oberstar Brady (PA) Gephardt Linder Canady Goss McCollum Brady (TX) Gibbons Lipinski Cannon Graham McCrery NOT VOTING—18 Bryant Gilchrest LoBiondo Capuano Granger McGovern Burr Gillmor Lowey Ackerman Franks (NJ) Moore Cardin Green (TX) McHugh Burton Gilman Lucas (KY) Barton Gekas Riley Carson Greenwood McInnis Buyer Goode Lucas (OK) Berman Hansen Ros-Lehtinen Castle Hall (OH) McIntyre Callahan Goodlatte Maloney (NY) Capps Lowey Scarborough Chabot Hall (TX) McKeon Calvert Goodling Matsui Conyers McIntosh Wexler Chambliss Hastings (WA) McKinney Camp Goss McCarthy (NY) Dunn Meehan Weygand Chenoweth-Hage Hayes McNulty Campbell Graham McCollum Clay Hayworth Meek (FL) Canady Granger McCrery Clayton Hefley Menendez b 1148 Cannon Greenwood McHugh Clement Herger Metcalf Cardin Hall (OH) McInnis Coble Hill (MT) Mica Ms. MCCARTHY of Missouri, and Castle Hall (TX) McIntyre Coburn Hilleary Millender- Chabot Hansen McKeon Collins Hinchey McDonald Messrs. OBEY, LUCAS of Kentucky Chambliss Hastings (FL) McKinney Combest Hinojosa Miller (FL) and PETRI changed their vote from Chenoweth-Hage Hastings (WA) Meek (FL) Cook Hobson Miller, Gary ‘‘no’’ to ‘‘aye.’’ Clayton Hayes Menendez Cooksey Hoekstra Mink Clement Hayworth Metcalf Cox Holden Moakley So the resolution was agreed to. Coble Hefley Mica Cramer Horn Moran (KS) The result of the vote was announced Coburn Herger Miller (FL) Crane Hostettler Moran (VA) as above recorded. Collins Hill (MT) Miller, Gary Cubin Houghton Morella Combest Hilleary Mink Cummings Hoyer Murtha MOTION OFFERED BY MR. OBEY Cook Hilliard Moore Cunningham Hulshof Myrick Mr. OBEY. Mr. Speaker, I move to re- Cooksey Hobson Moran (KS) Danner Hunter Nadler Cox Hoekstra Moran (VA) Davis (FL) Hutchinson Napolitano consider the vote just taken. Cramer Holden Morella Davis (IL) Hyde Neal The SPEAKER pro tempore (Mr. Crane Holt Murtha Davis (VA) Isakson Nethercutt LATOURETTE). Did the gentleman vote Cubin Horn Myrick Deal Istook Ney Cummings Hostettler Nethercutt DeGette Jackson (IL) Northup in favor of the resolution? Cunningham Houghton Ney DeLauro Jefferson Norwood Mr. OBEY. Yes, I did. Davis (FL) Hoyer Northup

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30644 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Norwood Sabo Tanner MOTION TO ADJOURN King (NY) Ney Sisisky Nussle Salmon Tauscher Kingston Northup Skeen Ose Sanders Tauzin Mr. KIND. Mr. Speaker, I move that Kleczka Norwood Skelton Oxley Sanford Taylor (NC) the House do now adjourn. Klink Nussle Slaughter Packard Sawyer Terry The question was taken; and the Knollenberg Ortiz Smith (MI) Pascrell Saxton Thomas Kolbe Ose Smith (NJ) Pastor Schaffer Thompson (CA) Speaker pro tempore announced that Kucinich Owens Smith (TX) Paul Sessions Thornberry the noes appeared to have it. Kuykendall Oxley Smith (WA) Payne Shadegg Thune LaFalce Packard RECORDED VOTE Snyder Pease Shaw Thurman LaHood Pallone Souder Peterson (PA) Shays Tiahrt Mr. OBEY. Mr. Speaker, I demand a Lampson Pascrell Spence Phelps Sherman Toomey Lantos Pastor recorded vote. Spratt Pickering Sherwood Traficant Largent Paul Stabenow Pickett Shimkus Turner A recorded vote was ordered. Larson Payne Stark Pitts Shuster Udall (CO) The vote was taken by electronic de- Latham Pease Stearns Pombo Simpson Upton LaTourette Pelosi vice, and there were—ayes 25, noes 395, Stenholm Pomeroy Sisisky Vento not voting 13, as follows: Lazio Peterson (PA) Porter Skeen Vitter Leach Phelps Strickland Portman Skelton Walden [Roll No. 603] Lee Pickering Stump Stupak Price (NC) Smith (MI) Walsh AYES—25 Levin Pickett Pryce (OH) Smith (NJ) Wamp Lewis (CA) Pitts Sununu Quinn Smith (TX) Watkins Baldwin McDermott Rahall Lewis (GA) Pombo Sweeney Radanovich Smith (WA) Watts (OK) Barrett (WI) McKinney Ryan (WI) Lewis (KY) Pomeroy Talent Ramstad Snyder Weiner Berry Meek (FL) Sensenbrenner Linder Porter Tancredo Regula Souder Weldon (FL) Dingell Minge Taylor (MS) Lipinski Portman Tanner Reynolds Spence Weldon (PA) Filner Oberstar Towns LoBiondo Price (NC) Tauscher Roemer Stabenow Weller Green (WI) Obey Udall (CO) Lofgren Pryce (OH) Tauzin Rogan Stearns Whitfield Gutknecht Olver Wise Lowey Quinn Taylor (NC) Rogers Strickland Wicker Kind (WI) Peterson (MN) Lucas (KY) Radanovich Terry Rohrabacher Stump Wilson Manzullo Petri Lucas (OK) Ramstad Thomas Roukema Sununu Wolf Luther Rangel Thompson (CA) Royce Sweeney Wynn NOES—395 Maloney (CT) Regula Thompson (MS) Rush Talent Young (AK) Abercrombie Coble Gephardt Maloney (NY) Reyes Thornberry Ryun (KS) Tancredo Young (FL) Aderholt Coburn Gibbons Markey Reynolds Thune Allen Collins Gilchrest Martinez Riley Thurman NOES—123 Andrews Combest Gillmor Mascara Rivers Tiahrt Allen Hinchey Obey Archer Condit Gilman Matsui Rodriguez Tierney Andrews Hinojosa Olver Armey Cook Gonzalez McCarthy (MO) Roemer Toomey Baldacci Hoeffel Ortiz Bachus Cooksey Goode McCarthy (NY) Rogan Traficant Baldwin Hooley Owens Baird Costello Goodlatte McCollum Rogers Turner Barrett (WI) Inslee Pallone Baker Cox Goodling McCrery Rohrabacher Udall (NM) Becerra Jackson-Lee Pelosi Baldacci Coyne Gordon McGovern Rothman Upton Bentsen (TX) Peterson (MN) Ballenger Cramer Goss McHugh Roukema Velazquez Berman Jefferson Petri Barcia Crane Graham McInnis Roybal-Allard Vento Berry Johnson, E. B. Rahall Barr Crowley Granger McIntyre Royce Visclosky Blumenauer Kennedy Rangel Barrett (NE) Cubin Green (TX) McKeon Rush Vitter Bonior Kildee Reyes Bartlett Cummings Greenwood McNulty Ryun (KS) Walden Barton Cunningham Gutierrez Meeks (NY) Sabo Brown (FL) Kilpatrick Rivers Walsh Bass Danner Hall (OH) Menendez Salmon Brown (OH) Kind (WI) Rodriguez Wamp Bateman Davis (FL) Hall (TX) Metcalf Sanchez Capuano Kleczka Rothman Waters Becerra Davis (IL) Hastings (FL) Mica Sanders Carson Kucinich Roybal-Allard Watkins Clyburn Lampson Bentsen Davis (VA) Hastings (WA) Millender- Sandlin Ryan (WI) Watt (NC) Condit Larson Bereuter Deal Hayes McDonald Sanford Sanchez Watts (OK) Costello Lee Berkley DeFazio Hayworth Miller (FL) Sawyer Sandlin Waxman Coyne Levin Berman DeGette Hefley Miller, Gary Saxton Schakowsky Weiner Crowley Lewis (GA) Biggert Delahunt Herger Miller, George Schaffer Scott Weldon (FL) Danner Lofgren Bilbray DeLauro Hill (IN) Mink Schakowsky Delahunt Luther Sensenbrenner Bilirakis DeLay Hill (MT) Moakley Scott Weldon (PA) DeLauro Maloney (CT) Serrano Bishop DeMint Hilleary Mollohan Serrano Weller Doggett Manzullo Shows Blagojevich Diaz-Balart Hinchey Moore Sessions Weygand Dooley Markey Slaughter Bliley Dickey Hinojosa Moran (KS) Shadegg Whitfield Doyle Martinez Spratt Blumenauer Dicks Hobson Moran (VA) Shaw Wicker Edwards Mascara Stark Blunt Dixon Hoeffel Morella Shays Wilson Etheridge McCarthy (MO) Stenholm Boehlert Doggett Hoekstra Murtha Sherman Wolf Evans McDermott Stupak Boehner Dooley Holden Myrick Sherwood Woolsey Farr McGovern Taylor (MS) Bonilla Doolittle Holt Nadler Shimkus Wu Filner McNulty Thompson (MS) Bonior Doyle Hooley Napolitano Shows Wynn Forbes Meeks (NY) Tierney Bono Dreier Horn Neal Shuster Young (AK) Frank (MA) Millender- Towns Borski Duncan Hostettler Nethercutt Simpson Young (FL) Frost McDonald Udall (NM) Boswell Dunn Houghton Gejdenson Miller, George Velazquez Boucher Edwards Hoyer NOT VOTING—13 Gonzalez Minge Visclosky Boyd Ehlers Hulshof Ackerman English Ros-Lehtinen Gordon Moakley Waters Brady (PA) Ehrlich Hunter Capps Hansen Scarborough Green (TX) Mollohan Watt (NC) Brady (TX) Emerson Hutchinson Clay Hilliard Wexler Green (WI) Nadler Waxman Brown (FL) Engel Hyde Conyers McIntosh Gutierrez Napolitano Wise Brown (OH) Eshoo Inslee Deutsch Meehan Gutknecht Neal Woolsey Bryant Etheridge Isakson Hill (IN) Oberstar Wu Burr Evans Istook b 1213 Burton Everett Jackson (IL) NOT VOTING—16 Buyer Ewing Jackson-Lee Mr. EWING changed his vote from Ackerman Franks (NJ) Ros-Lehtinen Callahan Farr (TX) ‘‘aye’’ to ‘‘no’’. Capps Gekas Scarborough Calvert Fattah Jefferson Camp Fletcher Jenkins So the motion to adjourn was re- Clay Jones (NC) Wexler jected. Conyers McIntosh Weygand Campbell Foley John Dunn Meehan Canady Forbes Johnson (CT) The result of the vote was announced English Riley Cannon Ford Johnson, E. B. as above recorded. Capuano Fossella Johnson, Sam b 1157 Cardin Fowler Jones (NC) f Mr. WAXMAN changed his vote from Carson Frank (MA) Jones (OH) Castle Franks (NJ) Kanjorski REMOVAL OF NAME OF MEMBER ‘‘aye’’ to ‘‘no.’’ Chabot Frelinghuysen Kaptur So the motion to table the motion to Chambliss Frost Kasich AS COSPONSOR OF H.R. 2420 reconsider was agreed to. Chenoweth-Hage Gallegly Kelly Mr. BOEHLERT. Mr. Speaker, I ask Clayton Ganske Kennedy The result of the vote was announced Clement Gejdenson Kildee unanimous consent that my name be as above recorded. Clyburn Gekas Kilpatrick removed as a cosponsor of H.R. 2420.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30645 The SPEAKER. Is there objection to Hefley McCarthy (NY) Sandlin b 1233 the request of the gentleman from New Herger McCollum Sanford Hill (IN) McCrery Sawyer Mr. SHUSTER changed his vote from York? Hill (MT) McGovern Saxton ‘‘yea’’ to ‘‘nay’’. There was no objection. Hilleary McHugh Schaffer Mr. KLECZKA changed his vote from Hilliard McInnis Schakowsky ‘‘nay’’ to ‘‘yea’’. f Hinchey McIntosh Scott So the motion to adjourn was re- Hinojosa McIntyre Serrano jected. MOTION TO ADJOURN Hobson McKeon Sessions Hoeffel McKinney Shaw The result of the vote was announced Mr. OBEY. Mr. Speaker, I move that Hoekstra McNulty Shays as above recorded. the House do now adjourn. Holden Meek (FL) Sherman f The SPEAKER. The question is on Holt Meeks (NY) Sherwood Hooley Menendez the motion to adjourn offered by the Shimkus COMMUNICATION FROM THE Horn Metcalf Shows CLERK OF THE HOUSE gentleman from Wisconsin (Mr. OBEY). Hostettler Mica Shuster The question was taken; and the Houghton Millender- Simpson The SPEAKER laid before the House Speaker announced that the noes ap- Hoyer McDonald Sisisky the following communication from the Hulshof Miller (FL) Skeen Clerk of the House of Representatives: peared to have it. Hunter Miller, Gary Skelton Washington, DC, November 17, 1999. Mr. OBEY. Mr. Speaker, I object to Hutchinson Miller, George Smith (MI) Hon. J. DENNIS HASTERT, the vote on the ground that a quorum Hyde Mink Smith (NJ) is not present and make the point of Inslee Moakley Smith (TX) The Speaker, House of Representatives, order that a quorum is not present. Isakson Mollohan Smith (WA) Washington, DC. Istook Moore DEAR MR. SPEAKER: I have the honor to The SPEAKER. Evidently a quorum Snyder Jackson (IL) Moran (KS) Souder transmit herewith a copy of the original Cer- is not present. Jackson-Lee Morella Spence tificate of Election received from the Honor- The Sergeant at Arms will notify ab- (TX) Myrick Spratt able Bill Jones, Secretary of State, State of sent Members. Jefferson Nadler Stabenow California, indicating that, according to the Jenkins Napolitano Stark semi-official canvas for the Special General The vote was taken by electronic de- John Neal Stearns election held November 16, 1999, the Honor- vice, and there were—yeas 24, nays 378, Johnson (CT) Nethercutt Stenholm Johnson, E. B. Ney able Joe Baca was elected Representative in not voting 31, as follows: Strickland Jones (NC) Northup Congress for the Forty-second Congressional [Roll No. 604] Stump Jones (OH) Norwood District, State of California. Stupak YEAS—24 Kanjorski Ortiz With best wishes, I am Sununu Kaptur Ose Sincerely, Baldwin Kleczka Ryan (WI) Sweeney Kasich Owens JEFF TRANDAHL, Barrett (WI) Manzullo Sensenbrenner Talent Kelly Oxley Clerk. Berry McDermott Taylor (MS) Tancredo Kennedy Packard Dingell Minge Towns Tanner f Filner Oberstar Udall (CO) Kildee Pallone Tauscher Green (WI) Obey Visclosky Kilpatrick Pascrell Tauzin SWEARING IN OF THE HONORABLE Gutknecht Peterson (MN) Waters King (NY) Pastor Taylor (NC) JOE BACA OF CALIFORNIA AS A Kind (WI) Rahall Wise Kingston Paul Terry Klink Payne MEMBER OF THE HOUSE NAYS—378 Knollenberg Pease Thomas The SPEAKER. Will the Member- Thompson (CA) Abercrombie Camp Dunn Kolbe Pelosi elect from California (Mr. BACA) come Aderholt Campbell Edwards Kucinich Phelps Thompson (MS) Allen Canady Ehlers Kuykendall Pickering Thornberry forward, accompanied by the California Andrews Capuano Engel LaFalce Pickett Thune delegation, and raise your right hand? Archer Cardin English LaHood Pitts Thurman Mr. BACA appeared at the bar of the Armey Carson Eshoo Lampson Pombo Tiahrt House and took the oath of office, as Bachus Castle Etheridge Lantos Pomeroy Tierney Baird Chabot Evans Toomey follows: Largent Porter Do you solemnly swear that you will Baker Chambliss Everett Larson Portman Traficant Baldacci Chenoweth-Hage Ewing Latham Price (NC) Turner support and defend the Constitution of Ballenger Clay Farr LaTourette Pryce (OH) Udall (NM) the United States against all enemies, Barcia Clement Fattah Lazio Quinn Upton Barrett (NE) Clyburn Fletcher foreign and domestic; that you will Leach Radanovich Vento Bartlett Coble Foley bear the true faith and allegiance to Lee Ramstad Vitter Barton Coburn Forbes Walden the same; that you will take this obli- Bass Collins Ford Levin Rangel Walsh gation freely, without any mental res- Bateman Combest Fossella Lewis (CA) Regula Wamp Becerra Condit Fowler Lewis (GA) Reyes ervation or purpose of evasion, and Watkins Bentsen Cook Frank (MA) Lewis (KY) Reynolds that you will well and faithfully dis- Watt (NC) Bereuter Cooksey Franks (NJ) Linder Rivers charge the duties of the office on which Berkley Costello Frelinghuysen Lipinski Rodriguez Waxman Berman Cox Gallegly LoBiondo Roemer Weiner you are about to enter. So help you Biggert Coyne Ganske Lofgren Rogan Weldon (PA) God. Bilbray Cramer Gejdenson Lowey Rogers Weller The SPEAKER. Congratulations. You Bilirakis Crane Gekas Lucas (KY) Rohrabacher Weygand are now a Member of the House of Rep- Bishop Crowley Gephardt Lucas (OK) Rothman Whitfield Blagojevich Cubin Gibbons Luther Roukema Wicker resentatives. Bliley Cummings Gilchrest Maloney (CT) Roybal-Allard Wilson f Blumenauer Cunningham Gillmor Maloney (NY) Royce Wolf Blunt Davis (FL) Gilman Markey Rush Woolsey INTRODUCTION OF THE HONOR- Boehlert Davis (IL) Gonzalez Martinez Ryun (KS) Wu ABLE JOE BACA, MEMBER OF Boehner Davis (VA) Goode Mascara Sabo Wynn THE HOUSE OF REPRESENTA- Bonilla Deal Goodlatte Matsui Sanchez Young (AK) TIVES Bonior DeGette Goodling McCarthy (MO) Sanders Young (FL) Bono Delahunt Gordon (Mr. LEWIS of California asked and Borski DeLauro Goss NOT VOTING—31 Boswell DeLay Graham was given permission to address the Boyd DeMint Granger Ackerman Emerson Ros-Lehtinen House for 1 minute.) Brady (PA) Deutsch Green (TX) Barr Frost Salmon Mr. LEWIS of California. Mr. Speak- Brady (TX) Diaz-Balart Greenwood Boucher Johnson, Sam Scarborough er, it is my honor and privilege to be Brown (FL) Dickey Gutierrez Cannon Meehan Shadegg cochair of the California delegation. I Brown (OH) Dicks Hall (OH) Capps Moran (VA) Slaughter Bryant Dixon Hall (TX) Clayton Murtha Velazquez share that responsibility with the gen- Burr Doggett Hansen Conyers Nussle Watts (OK) tleman from California (Mr. FARR). Burton Dooley Hastings (FL) Danner Olver Weldon (FL) Mr. Speaker, it is my privilege to Buyer Doolittle Hastings (WA) DeFazio Peterson (PA) Wexler Callahan Dreier Hayes Doyle Petri yield to the gentleman from California Calvert Duncan Hayworth Ehrlich Riley (Mr. FARR) for remarks.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30646 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Mr. FARR of California. Mr. Speaker, OPENING REMARKS OF THE course, Mom is always there to help I thank the gentleman from California HONORABLE JOE BACA her. very much for yielding to me. (Mr. BACA asked and was given per- So I love my family very much. I Mr. Speaker, what a great day for the mission to address the House for 1 want to thank them. State of California. All of us in this minute.) But I also want to thank the voters, House know the honor of being sworn Mr. BACA. Mr. Speaker, I ask per- the voters of my district who made it in as a Member of the House of Rep- mission to address the House for 1 possible for me to be here. Without the resentatives, the only place in Wash- minute. I wanted to make sure that I voters’ support, I would not be here ington where everyone has to be elect- followed the rules and procedures that today. ed in order to take the oath of office. are here. I look forward to working in this It is a distinct pleasure that we Mr. Speaker, I do appreciate the gen- House. It is going to be an honor for me honor another Californian in that re- tleman from California (Mr. FARR) low- to work on a bipartisan basis. I look gard, a person who has a great deal of ering this podium. I used to be 6 foot 5 forward to working with my colleague experience in public life, and brings to as a paratrooper, but I made a lot of directly associated with me, and that this Chamber experience as a member jumps; that is why I am only 5 foot 6. is the gentleman from California (Mr. of the board of trustees with a commu- It is really an honor to be here. I LEWIS). I look forward to working with nity college, was elected to the Cali- would like to thank the leadership for him on issues that are important to all fornia State Assembly, was elected as their support, the gentleman from Mis- the first pro tempore, the first Latino of us, the issues that are important to souri (Mr. GEPHARDT), all of the Mem- the State of California, because all of pro tempore in California history to bers, the DCCC individuals who are that job, served in the California State us care about the economy. All of us very helpful. Senate, and now is elected to serve his care about education, public safety, I want to thank God because God protecting Social Security, Medicare, district in Southern California. gave me the courage to run and to He is following in the footsteps of a drug prescriptions, areas that are im- serve. Too many times we forget that great Member of this House, George portant to a lot of us, health reform. it is the strength that we have, and Brown. We all remember the great But most of all, we want to make God provided that strength to give us service that he gave to this country sure that, as I look at the 52 Members that courage. So I want to thank God. and the deeds that he left, the great of California, that we work together on I want to thank my family. I wish my record that he left. a bipartisan basis to make California, mom and dad were here to see this. So JOE BACA comes to us with his like everybody else wants to make own career of distinction, and I think They are both deceased, but I know it their State, a lot better. But I also he will be a great addition to this is a proud moment in their lives. I look forward to working with the 52 House. So I congratulate you. know that somewhere up above they delegates from California in assuring On behalf of the California Demo- are seeing this even though they can- that we get our fair share of revenue cratic delegation, which I am Chair of, not be here right now. But I know very coming back to California. No offense along with the gentleman from Cali- well that they are proud of their son, to the rest of the Members. But I be- fornia (Mr. LEWIS), who is Dean of the because I am one of 15. I am the 15th lieve, in reference to California, it is Republican delegation from California, child. pretty big in population. We have over and as a joint bipartisan effort, we wel- Like a lot of us, I come from a poor 34 million people in California. But it come the newest Member of our delega- family, an individual, the only one that is important that we address those tion, a delegation which has had over graduated from high school and col- issues. lege. My other brothers and sisters eight Members elected in special elec- I want to work with them and also graduated, but I was able to pursue tions. So we know the special moment work with you on a bipartisan basis on that. I know that they are very proud. you are having right now, you are shar- other issues that are important with us I wish my wife were here right now. ing with your family who is watching as well that impact all of us. She is watching this right now. She is this on C–SPAN, and we appreciate the What we all want is to improve the fact that you are here today to get Barbara Dominguez Baca, with whom I will be celebrating 31 years of marriage quality of life. We cannot do it by our- sworn in. Congratulations on a great selves. We have to come together col- race and a great election. next week. On November 23, it will be our anniversary, so it will be 31 years lectively. It has to come from a com- Mr. LEWIS of California. Mr. Speak- promise, individuals willing to come er, reclaiming my time, JOE, you of marriage to one wife, not two wives or three wives, but one wife. together and do what is necessary to should note with interest that a very make our State and our Nation a lot sizable number of the Members on the I would like to also thank my chil- better. It is not going to happen if we floor happen to be from the California dren, because my children were sup- have political wedges that divide us. delegation. It was not always the case porters. I believe in strong family val- There are times that we have to come that we would have an occasion like ues, because family values are the core together to address those areas. We this and we would have almost the en- of what makes America great. It is need to address those areas. tire delegation present. what makes our country. I would like But in recent years, we have had to thank my family, because they have I want to thank you. I want to thank kind of a reawakening of our State. In been very supportive. my family. I want to thank the leader- the past, we have often been laughed at I would like to thank Joe, Jr. That is ship. I thank the gentleman from Mis- by States like Texas who come to- my first son. He is now 30. Then Jer- souri (Mr. GEPHARDT) very much for gether regularly on issues relative to emy Baca; that is my second son. Then coming and getting all of the col- their own interests. Today, California my daughter, first daughter, and that leagues, the whips, you know, that is working together as it never has in is Natalie. Then, of course, my daugh- raised all of the funds that were nec- its history, and our numbers are here ter that is 13 years of age. She is the essary. to have a positive impact on the coun- reason my wife cannot be here because I look forward to additional help try. we believe it is important to have our from the other side in giving me addi- So working with you in the seat of children in school and to obtain that, tional monies. So it is very important the former Dean of the California dele- and we did not want to take her out of for your support as well as we begin to gation, you have a great career ahead school during that time. It was impor- work on a bipartisan effort. of you. We look forward to your help as tant for her to be there. My wife real- Again, I thank the Speaker and my we go about attempting to improve the izes that, because she is also a great colleagues very much. country as we work on behalf of Cali- student, a 4.0 student, doing well in The SPEAKER. Does the gentleman fornia’s interest. So welcome, JOE. It is school, so we want to make sure she from California (Mr. BACA) yield back a great day for all of us. continues to receive those grades. Of the remainder of his time?

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30647 MOTION TO ADJOURN Jackson (IL) Moakley Sherman FURTHER CONTINUING APPRO- Jackson-Lee Mollohan Sherwood PRIATIONS, FISCAL YEAR 2000 Mr. OBEY. Mr. Speaker, I move that (TX) Moore Shimkus the House do now adjourn. Jenkins Moran (KS) Shows Mr. YOUNG of Florida. Mr. Speaker, John Morella Shuster pursuant to House Resolution 385, I The SPEAKER. The question is on Johnson (CT) Myrick Simpson the motion to adjourn offered by the Johnson, E. B. Nadler Sisisky call up the joint resolution (H.J. Res. gentleman from Wisconsin (Mr. OBEY). Johnson, Sam Napolitano Skeen 82) making further continuing appro- Jones (NC) Neal Skelton priations for the fiscal year 2000, and The question was taken; and the Jones (OH) Nethercutt Slaughter Speaker announced that the noes ap- Kanjorski Ney Smith (NJ) for other purposes, and ask for its im- peared to have it. Kaptur Northup Smith (TX) mediate consideration in the House. Mr. OBEY. Mr. Speaker, I object to Kasich Norwood Smith (WA) The Clerk read the title of the joint Kelly Nussle Snyder resolution. the vote on the ground that a quorum Kennedy Olver Souder is not present and make the point of Kildee Ortiz Spence The text of House Joint Resolution 82 order that a quorum is not present. King (NY) Ose Stabenow is as follows: Kingston Owens Stark H.J. RES. 82 The SPEAKER pro tempore. Evi- Klink Oxley Stearns dently a quorum is not present. Knollenberg Packard Stenholm Resolved by the Senate and House of Rep- The Sergeant at Arms will notify ab- Kolbe Pallone Strickland resentatives of the United States of America in sent Members. Kucinich Pascrell Stump Congress assembled, That Public Law 106–62 is Kuykendall Pastor Stupak further amended by striking ‘‘November 18, The vote was taken by electronic de- LaFalce Paul Sununu 1999’’ in section 106(c) and inserting in lieu vice, and there were—yeas 24, nays 379, LaHood Payne Sweeney thereof ‘‘November 23, 1999’’. Public Law 106– not voting 31, as follows: Lampson Pease Talent Lantos Pelosi Tancredo 46 is amended by striking ‘‘November 18, [Roll No. 605] Largent Peterson (PA) Tanner 1999’’ and inserting in lieu thereof ‘‘Novem- YEAS—24 Larson Phelps Tauscher ber 23, 1999’’. Latham Pickering Tauzin The SPEAKER pro tempore (Mr. Baldwin Kleczka Peterson (MN) LaTourette Pickett Taylor (NC) Barrett (WI) Luther Petri Lazio Pitts Terry LATOURETTE). Pursuant to House Reso- Berry Manzullo Rahall Leach Pomeroy Thomas lution 385, the gentleman from Florida Brown (FL) McDermott Ryan (WI) Lee Porter Thompson (CA) (Mr. YOUNG) and the gentleman from Filner McKinney Sensenbrenner Levin Portman Thompson (MS) Green (WI) Minge Taylor (MS) Lewis (CA) Price (NC) Thornberry Wisconsin (Mr. OBEY) each will control Gutknecht Oberstar Towns Lewis (GA) Pryce (OH) Thune 30 minutes. Kind (WI) Obey Wise Lewis (KY) Quinn Thurman The Chair recognizes the gentleman Linder Radanovich Tiahrt from Florida (Mr. YOUNG). NAYS—379 Lipinski Ramstad Tierney Aderholt Chabot Fletcher LoBiondo Rangel Toomey GENERAL LEAVE Allen Chambliss Foley Lofgren Regula Traficant Mr. YOUNG of Florida. Mr. Speaker, Andrews Chenoweth-Hage Forbes Lowey Reyes Turner I ask unanimous consent that all Mem- Archer Clay Ford Lucas (KY) Reynolds Udall (CO) Armey Clayton Fossella Lucas (OK) Riley Udall (NM) bers may have 5 legislative days in Baca Clement Frank (MA) Maloney (NY) Rivers Upton which to revise and extend their re- Bachus Clyburn Franks (NJ) Markey Rodriguez Velazquez marks on H.J. Res. 82, and that I may Baird Coble Frelinghuysen Martinez Roemer Vento Baker Coburn Gallegly Mascara Rogan Visclosky include tabular and extraneous mate- Baldacci Collins Ganske Matsui Rogers Vitter rial. Ballenger Combest Gejdenson McCarthy (MO) Rohrabacher Walden The SPEAKER pro tempore. Is there Barcia Condit Gephardt McCarthy (NY) Rothman Walsh objection to the request of the gen- Barr Cook Gibbons McCollum Roybal-Allard Wamp Barrett (NE) Cooksey Gilchrest McCrery Royce Waters tleman from Florida? Bartlett Costello Gillmor McGovern Rush Watkins There was no objection. Barton Cox Gilman McHugh Sabo Watts (OK) Mr. YOUNG of Florida. Mr. Speaker, Bass Coyne Gonzalez McInnis Salmon Waxman Bateman Cramer Goode McIntosh Sanchez Weiner I yield myself such time as I may con- Becerra Crane Goodlatte McIntyre Sanders Weldon (FL) sume. Bentsen Crowley Goodling McKeon Sandlin Weldon (PA) This continuing resolution extends Bereuter Cubin Gordon McNulty Sanford Weller the current CR for 5 days, until Novem- Berkley Cummings Goss Meek (FL) Sawyer Weygand Biggert Cunningham Graham Meeks (NY) Saxton Whitfield ber 23, specifically for the purpose of Bilbray Danner Granger Menendez Schaffer Wicker allowing the Senate to have time to Bilirakis Davis (FL) Green (TX) Metcalf Schakowsky Wilson consider the measures that we will Bishop Davis (IL) Hall (OH) Millender- Scott Wolf Blagojevich Davis (VA) Hall (TX) McDonald Serrano Woolsey send them today. Bliley Deal Hansen Miller (FL) Sessions Wu Mr. Speaker, in the interest of allow- Blumenauer DeFazio Hastings (FL) Miller, Gary Shadegg Wynn ing our Members to get home to their Blunt DeGette Hastings (WA) Miller, George Shaw Young (AK) families and preparing for the Thanks- Boehlert Delahunt Hayes Mink Shays Young (FL) Boehner DeLauro Hayworth giving period, I reserve the balance of Bonilla DeLay Hefley NOT VOTING—31 my time. Bonior DeMint Herger Abercrombie Gekas Pombo Mr. OBEY. Mr. Speaker, I yield my- Bono Deutsch Hill (IN) Ackerman Greenwood Ros-Lehtinen self 20 minutes. Borski Diaz-Balart Hill (MT) Berman Gutierrez Roukema Mr. Speaker, I would very much like Boswell Dickey Hilleary Capps Hutchinson Ryun (KS) Boucher Dicks Hilliard Conyers Jefferson Scarborough to see Members get home for Thanks- Boyd Dixon Hinchey Dingell Kilpatrick Smith (MI) giving, but I think my public duty is to Brady (PA) Doggett Hinojosa Doolittle Maloney (CT) Spratt Brady (TX) Dooley Hobson help Members understand what they Doyle Meehan Watt (NC) Brown (OH) Dreier Hoeffel Ehrlich Mica are going to be voting on before they Wexler Bryant Duncan Hoekstra Fowler Moran (VA) go home, because otherwise when they Burr Dunn Holden Frost Murtha do go home, their experience with the Burton Edwards Holt Buyer Ehlers Hooley news media and angry constituents is Callahan Emerson Horn b 1304 not going to be a very pleasant one; Calvert Engel Hostettler Messrs. TANCREDO, BRADY of and I am afraid there are a lot of nasty Camp English Houghton Campbell Eshoo Hoyer Texas, and NORWOOD changed their surprises in this bill, some of which I Canady Etheridge Hulshof vote from ‘‘yea’’ to ‘‘nay.’’ will be discussing over the next 12 to 15 Cannon Evans Hunter So the motion to adjourn was re- hours. Capuano Everett Hyde jected. Let me say, first of all, that this bill Cardin Ewing Inslee Carson Farr Isakson The result of the vote was announced has been a battleground about national Castle Fattah Istook as above recorded. priorities and national direction. It has

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30648 CONGRESSIONAL RECORD—HOUSE November 18, 1999 been the arena for battles between the And lastly, research also shows that the money paid from the Medicare and President and his allies on one side and if you want to reform schools, you need Social Security trust funds is returned his political opponents on the other. to do it from bottom to top and around to those trust funds if it is recovered in By any measure, I think it is safe to again, that reform has to be com- litigation. That item was repeatedly say that the President has won victory prehensive, systemic; and that is why raised during negotiations. It is the after victory. We are going to be stuck this bill adds additional money to the fair thing to do with those funds. I find having to extend the government, I am Obey-Porter bipartisan comprehensive it hard to construct an argument that afraid, several times through CRs like school reform package. they should be used for a different pur- this one because of some of the deci- All of those are very good things. I pose, but the Republican leadership sions made in the bill that is coming say that there is no doubt on the major flatly rejected that concept in both the next, and people need to understand issues that have divided us the last 3 Senate and the House. months, the President has run the how they interrelate. b 1315 I think you can say, for instance, table. He has won on issue after issue. that in the area of international lead- But I think there are some things that I think the reason (and this was even ership, the President and those of us are just as important as winning and said in conference,) they did not want who agree with him have won a great losing, and I want to talk about some to approve this language is because it victory in funding the Wye peace proc- of them as we discuss this continuing would provide incentives to proceed ess agreement. We have won a very im- resolution. We are being asked to con- with the lawsuit. Well, we ought to portant battle in making sure that tinue the government a few more days proceed with that lawsuit. debts that would never be repaid are so it gives us time to pass the next bill I think nothing more clearly going to be wiped out so that Latin that is coming at us. I think we need to underlies or underscores the hollow- America and Africa can, in fact, be- understand what is in that bill before ness of the claim of the majority that come good markets for our products as we vote on this resolution. they have suffered a recent conversion well as stable neighbors in an ever There are many things in that pack- and are now strong supporters of Social more complicated world. age that disturb me. The protracted Security. Nothing is more clearly un- We have won the fight to, at least for battle to persuade the majority to derscoring of the hollowness of that now, take the U.S. off the list of U.N. allow the United States to pay its back claim than their new-found concern deadbeats. On the environmental front, dues to the United Nations has resulted over the solvency of those trust funds. the President has beaten down vir- in a compromise that may still prevent It is a concern that suddenly emerged tually every antienvironmental rider release of all of the funds that are around here after Labor Day when poll- that was tossed his way. In the fight needed to return the U.S. to a position ing data demonstrated to them how against street crime, the President won of good standing in the U.N. I think badly they had been damaged by their 50,000 new cops. that is regrettable. attempts to pass a huge tax bill that On the education front, it is impor- The Republican majority was also rewarded the rich, using all of the re- tant to understand some of the major steadfast in its refusal to provide the sources needed to strengthen Social Se- achievements that we have made. We Justice Department with the $14 mil- curity and Medicare. have seen a lot of people denigrate the lion that they need to pursue tobacco Another issue at the center of nego- President’s effort to provide for 100,000 litigation. This money is needed for ef- tiations was whether to include a small new teachers. I want to put that effort forts to recover the hundreds of bil- across-the-board cut. This cut was not in context. What Democrats have been lions of tax dollars paid through the necessary to reach the offset targets to fighting for on education in this pack- Medicare trust fund, the Public Health make sure the bill was paid for; more age is a four-pronged research-based at- Service, the veterans and military than enough money was available from tack on educational incompetence and medical systems, and the Social Secu- other sources. It is simply an attempt poor performance. The research shows, rity disability fund in dealing with to- by the majority to create a symbol for instance, that children do much bacco-related illnesses. The tobacco that could be used to pretend that in better in smaller classes. That is why companies that lied repeatedly to the the midst of this orgy of gimmickry in the President fought so hard for and American people about the health ef- spending, that they are continuing to won the battle for 100,000 new teachers. fects of smoking should pay a substan- be fiscally responsible. That research also shows that, espe- tial portion of those costs. The Repub- If my colleagues take a look at the cially at the high school level, students lican majority is clearly trying to pro- dollars being provided across the board perform better, they exhibit less anti- tect them from having to repay the by the majority, it is apparent, it is ap- social adolescent behavior, and there is taxpayers. parent to me that the Republican lead- far less violence in high schools that I believe funds will be found by the ership is willing to spend almost any are smaller. administration to initiate litigation; amount to get out of town, just so long And so we have an initiative that but as everybody knows, legal out- as we can obscure how much that real- will provide for smaller high schools, comes are often dictated by the rel- ly is through accounting gimmicks. I or at least to help local school districts ative size of legal war chests. That is think that is a big mistake. build smaller learning centers within one of the things, for instance, that I The problem with an across-the- their high schools. The research also am told CBS news had to take into ac- board cut is that people say, ‘‘My God, shows that students do best when their count when they discussed whether or any agency head ought to be able to teachers are welltrained. It sounds ob- not to put on that famous ‘‘60 Minutes’’ administer a half a percent cut across vious, but some people seem to have special which went after the tobacco the board.’’ Of course they could. They missed it. So we have an initiative in companies for not telling the truth. I could easily find waste if they are left this bill that will add additional fund- would say that while the appropriation to their own devices. But that is not ing for partnership grants between uni- requested by the Justice Department the way this across-the-board cut is de- versity schools of education and local to augment their ability to pursue that signed. Their across-the-board cut com- school districts so that those schools of issue is small, the long-term fiscal im- pletely abandons the core responsi- education are producing the kinds of pact on the Federal Government could bility of Congress to determine spend- teachers that the districts actually be enormous; and we have failed to rec- ing priorities. There are programs that need. And also in the process, we are ognize that in the bill that is coming could afford a 1 or 2 or even 10 percent trying to raise the standards for those to us. cut. But, instead, the Congress requires teachers so that they are actually get- The Republican majority also repeat- much more limited authority be given ting a degree in the subject that they edly refused to include language that to the President, and that means that are going to wind up teaching, also I both the White House and I asked them this Congress ignores the fact that guess a shocking idea in some quarters. to include to ensure that 100 percent of there are some programs that require a

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30649 precise amount of money in order to But what bothers me the most about Mr. OBEY. Mr. Speaker, in this bill, protect the taxpayers’ interest. this proposal is the fact that it is laced for instance, they have decided now Those kinds of programs fall into two through with accounting fixes to con- that they are going to declare Head categories: one, to protect public safe- ceal an orgy of spending that every Start to be an emergency. It has only ty, and the other to control the in-flow Member would deny if confronted with been on the books since 1965. I guess we and out-flow of public funds. These are it by his constituents. I will insert in just found out that it is an emergency largely accounts that include things the RECORD a chart which shows that to deal with these kids. What they are like the FBI, the Drug Enforcement when this bill is passed, the Congress really saying is they have a political Administration, the Air Traffic Con- will have spent $17,400 million that will emergency that requires them to hide trol, Customs Service, and Border Pa- not be counted in determining how the real cost of this bill from their tax- trol. Numerous studies have dem- much that we have spent. It also has payers. That is the real emergency des- onstrated that cuts in the administra- declared almost $15 billion in expendi- ignation that is going on here. tion of the Social Security agency can tures to emergency spending so that Then they move about $4.2 billion in drive up the error rate in the disburse- they are also exempt from spending outlays into different years. That saves ment of those funds enough to cost the limits we are supposed to be abiding no money. It simply hides money. They Federal Government as much as $6 for by. have miscellaneous spending, account- every dollar saved in reduced expendi- ing gimmicks all told of $45 billion on tures in Social Security Administra- LIST OF GIMMICKS IN APPROPRIATIONS BILLS the outlays side, and $43 billion on the tion; and yet those studies are ignored [In millions of dollars] budget authority side. If my colleagues in the way this cut is applied. BA O want to go home and explain to their Then we get to the question of na- constituents that kind of hide-and-seek tional defense. The way national de- SPENDING NOT COUNTED BY CONGRESS attention to fiscal affairs, be my guest. Directed CBO to reduce their spending estimates, fense is treated in this across-the-board but actually spends Social Security: That is not my flavor of ice cream. cut is very interesting. It was treated AG—Directed outlay scoring (1.14% of BA) ...... ¥163 Let me make one other comment, CJ—Directed outlay scoring (1.14% of BA) ...... ¥336 the way this bill treats it in order to DOD—Directed outlay scoring ...... ¥10,500 Mr. Speaker. One of the reasons that I protect congressional pork. So what E&W—Directed outlay scoring (1.14% of BA) ...... ¥103 have been so unhappy with this bill, as FO—Directed outlay scoring (1.14% of BA) ...... ¥144 the provision requires is that we will INT—Directed outlay scoring (1.14% of BA) ...... ¥170 I said earlier, is that it stands over 1 have to see about a $520 million reduc- L–HHS—Directed outlay scoring (1.14% of foot high. I defy anyone to tell me, and BA) ...... ¥970 tion in operation and maintenance ac- Directed outlay scoring (highway and transit I have a ruler to prove it, I defy any of counts, which is the core of our mili- firewalls) ...... ¥1,341 my Republican colleagues, I defy any TRANS—Directed outlay scoring (1.14% of tary readiness, and that is occurring at BA) ...... ¥143 of my Republican colleagues to tell me the same time that the Pentagon re- TPO—Directed outlay scoring (1.14% of BA) ...... ¥151 what is in these authorization bills VA HUD—Directed outlay scoring (1.14% of ported that two out of the 10 divisions BA) ...... ¥820 that they are asking us to swallow. in the U.S. Army are now rated at C–4; DOD—Spectrum asset sales ...... ¥2,600 ¥2,600 How much are we going to hear? How in other words, not close to having the Subtotal ...... ¥2,600 ¥17,441 much are the reporters in the gallery parts, people, and maintenance that going to dig out after we have left that Declaration of emergencies for normal program are necessary to undertake military spending: we do not know about? I am afraid, a action. Yet, operation and mainte- Declare Year 2000 Census an emergency ...... ¥4,476 ¥4,118 lot. But I have to say that what both- Defense emergency designations ...... ¥7,200 ¥5,500 nance is going to be required to be cut Declare part of Head Start an emergency ...... ¥1,700 ¥629 ers me more than anything is that by a larger percentage than anything LIHEAP emergency declaration ...... ¥1,100 ¥825 these accounting gimmicks may ap- Refugees emergency declaration ...... ¥427 ¥126 else in this bill. The reason for that is Forest Service Wildland Fire Management ...... ¥90 ¥3 pear to be funny, but in fact, they are because the folks who put this bill to- Public health emergency declaration ...... ¥584 ¥310 not funny at all. I would not laugh too gether wanted to protect the projects Subtotal ...... ¥15,577 ¥11,511 long, because what we are witnessing and the pork in the research and pro- here is something that is immensely FY 2000 SPENDING COUNTED AGAINST 1999 OR curement accounts. So we get that 2001 corrosive of democracy and this insti- weird anomalous result. Legally delay spending until the final days of the tution’s role in democracy. I will insert in the RECORD at this fiscal year so it is counted next year: Mr. Speaker, the primary job that DOD—Delay contractor payments ...... 0 ¥1,250 point, Mr. Speaker, extraneous mate- Labor HHS—Delayed Obligations $5.0 B in the Congress has each year is to pass a rial related to my remarks, and I will BA delayed until 9/29/00 ...... ¥1,674 budget. If we cannot be honest with the VA medical care delay obligation of $900 M ...... ¥720 expand further on that subject for the FO—Delayed obligations ...... ¥104 American people about what we are RECORD. CJS—Delayed availability of balances in doing in that budget, I think they have Crime Victims Fund until after FY 2000 .... ¥485 ¥485 Mr. OBEY. Mr. Speaker, I am Rescind section 8 housing funds ...... ¥1,300 0 a right to question whether we are amazed, for instance, that on pay-fors, being honest with them on anything Subtotal, delayed obligations ...... ¥1,785 ¥4,233 that the conferees chose to ignore the that we say to them. And the fact is opportunity to recoup for the tax- Legally count spending against last fiscal year that the list of accounting shell games payers money that we should be re- even though it is available for FY 2000: DOD— Advance Appropriations ...... ¥1,800 ¥1,800 that are in this bill, not for policy rea- couping from the sale of what is known Legally count spending against next fiscal year sons, but for political reasons, I think as the Block C portion of spectrum even though it is available for FY 2000: DOE—Elk Hills School Lands Fund ...... ¥36 ¥36 brings discredit on the entire institu- sales. Several years ago when block L–HHS—Increased advance funding for FY tion. That is because I guess we are de- 2001 (total FY 2001 advances are $19 bil- seed portion of the spectrum was auc- lion) ...... ¥10,100 ¥532 termined to live under a fiction that tioned off a number of winning bidders HUD—section 8 advance appropriation for FY requires us to pretend that we are ¥ went into bankruptcy without paying 2001 (37% of program total) ...... 4,200 0 spending billions of dollars less than the Government for the spectrum Subtotal ...... ¥16,136 ¥2,368 we are actually spending. rights that they had purchased. They MISCELLANEOUS SPECIAL ACCOUNTING GIMMICKS Frankly, a lot of this spending is per- have been allowed to hold on to those Across the Board cut 0.38% ...... ¥2,143 ¥1,206 fectly justifiable. I think that the Re- spectrum rights, refused to make any Capture Federal Reserve Surplus ...... ¥3,752 ¥3,752 publican educational priorities are New Hires Data Base for student loan collection payments, and now they have the pros- (incl directed scoring) ...... ¥878 ¥876 good. I support them as well as our pect of reemerging from bankruptcy by Slip military and civilian pay by one day ...... ¥3,589 own. But I do not like the fact that we Labor HHS–HEALTH loan recapture ...... ¥27 selling their share of the spectrum for United Mine Workers Combined Benefit Fund ...... ¥68 ¥39 are hiding what we are doing in the a good deal more than they paid for it. L–HHS—Title XX, social services block grant, cut process. I will have more to say about below mandatory level ...... ¥608 ¥430 It is a good deal if you can get it, but TRANS—Mandatory offsets (rescission of FAA con- this along the line. the American taxpayers are taking a tract authority) ...... ¥30 ¥10 Mr. Speaker, I reserve the balance of bath; and we were blocked from cor- Subtotal ...... ¥7,479 ¥9,929 my time. recting this specifically by one Member Mr. YOUNG of Florida. Mr. Speaker, of the House Republican leadership. Grand total ...... ¥43,577 ¥45,482 I have no other speakers except myself

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30650 CONGRESSIONAL RECORD—HOUSE November 18, 1999 to close, so I will continue to reserve cation but I do not think this addresses lems that the ranking member has de- my time. the Social Security firewalls. It does scribed, I think it fair to say that none The SPEAKER pro tempore (Mr. not get scored by CBO, and I would en- has been more harmed by the proce- LATOURETTE). The gentleman from courage my colleagues to read this bill. dures of the House this year than the Wisconsin (Mr. OBEY) has 10 minutes Mr. OBEY. Mr. Speaker, I yield 2 people I represent. remaining. minutes to the distinguished gentle- Shall I paraphrase Elizabeth Barrett Mr. OBEY. Mr. Speaker, I yield 3 woman from North Carolina (Mrs. Browning? How shall I dislike it? Let minutes to the distinguished gen- CLAYTON). me count the ways. tleman from Indiana (Mr. ROEMER). Mrs. CLAYTON. Mr. Speaker, I What is this bill? The Commerce, Mr. ROEMER. Mr. Speaker, I came to thank the gentleman from Wisconsin Justice, State, Foreign Ops, Interior, this body this morning prepared to (Mr. OBEY) for yielding me this time. Labor, HHS, DC bill, plus? All of our vote for a bipartisan omnibus bill, pre- Mr. Speaker, the budget process obvi- appropriations that remain have been pared to support reforms in the quality ously allows us to say what is impor- packed on to the tiny D.C. appropria- and in the resources for our education tant to the American people. It is a tion. Five hundred thousand people are budget and for our schoolchildren process where we say some are winners being used to take 300 million, or bills across the country; prepared to defend and some are losers. It is a process for for 300 million, across the finish line, firewalls on Social Security and fur- the Nation to declare what the prior- and the Nation’s capital be damned; we ther reduce the deficit and the debt, ities are. Obviously we cannot win ev- just have to wait to spend our own which is the best tax cut for all Ameri- erything we want so it has to be a com- money, understand, because almost all cans. I have spent the last hour and a promise, but I can say, Mr. Speaker, of the money in the D.C. appropriation half to 2 hours in the parliamentarian’s the people in North Carolina, where is money raised in the District of Co- office reading through this bill and get- there was actually a disaster, never lumbia. ting through a little bit of it; and the was an emergency declared because it Obviously I have to be for it. What more I read of it, the more concerns I was not politically the right thing. kind of position does that put me in? have about Social Security and debt re- Maybe those who indeed would have The disgrace as affects the Nation’s duction. said that would have come from Social capital is outflanked only by what the The gentleman from Wisconsin (Mr. Security, we are trying to get the kind procedures of the House this year have OBEY) has said that there are some of basic relief, not all of it, just the done for democracy itself and how we gimmicks and games, and I think basic relief, for our farmers which is in have displayed ourselves before the maybe a hope and a prayer in this doubt. people of the United States. We have budget that we do not dip further than Now, I want to vote for this bill be- become, in and of ourselves, a threat to CBO has already said, which they have cause there are good things in it. I democracy. We have made democratic stated that Congress has dipped $17 bil- know there are winners and losers but procedures a living joke on C-SPAN. lion into Social Security. The most im- I can say, Mr. Speaker, that as we go We are going to have before us a bill portant thing for me in this budget is forward I think it says something brimming with controversy. There is to not touch Social Security, further about the American people when we ig- the international family planning gag reduce the debt, and get quality edu- nore that over 72,000 people were af- rule that is certain to take the lives of cation reforms. I do not see any fire- fected in the region, farmers lost a tre- countless of the poorest women in the walls on Social Security in this. CBO mendous amount of their crops. Many world, with no chance to debate it up has not even scored this. We do not of them are going bankrupt and yet and down. There is the dairy con- know what it does to Social Security. there is not the kind of relief that even troversy we have heard so much about Furthermore, when we have Head responds in a very basic way to their today. Start at $1.7 billion declared as an needs, not all the relief because we In a democracy, we vote our dif- emergency, I am not sure what that knew an emergency was not declared. ferences up and down. In a democracy does to Social Security. I am not sure We were willing to fight for that next we even vote our compromises up and saying that $2.4 billion becomes avail- year, but we need at least the $81 mil- down. This House has become an em- able on October 1, 2000, the next fiscal lion that was there for marketing. So I barrassment to itself. However, I am year, what is that impact on Social Se- would urge, Mr. Speaker, that we look very glad the Nation has been able to curity? Delayed obligations, $3 billion at that to try to make sure that this see it because maybe when we go home for NIH, $450 million for the Centers for budget process, as we vote on it, indeed there will be a backlash that will keep Disease Control. What is the impact is speaking to the basic need. Some us from ever doing this again. there on Social Security? will be winners, some will be losers, The delay, with another CR, has So all of these things give me a great but the American nation should not needlessly harmed the people of the deal of hesitation and reservation and lose the principle of responding to District of Columbia right at a time concern, and I do not intend to vote for those who are most desperately in when we have gotten a new reform this omnibus bill. need, while we go forward with such an mayor and a reform city council. This Now, on education, Mr. Speaker, we enormous amount of resources. Eighty- has not made an ounce of difference to have $145 million for public charter one million dollars is a pittance; it is this body. The reputation of the House schools. I think that is a step in the what is symbolic of what we stand for has been permanently damaged as an right direction. We have $1.4 billion for that we should make sure that as we institution. We can reclaim it only by more teachers, not just for more num- consider this bill that at least the returning to regular order and demo- bers; but we say 25 percent of the funds American farmers know that they were cratic procedures. can go to quality improvement, to pro- part of the consideration in this budget Mr. OBEY. Mr. Speaker, I yield my- fessional development. That is good process. self the remainder of the time. progress, and I highly support that dis- Mr. OBEY. Mr. Speaker, I yield 3 Mr. Speaker, as I understand it sec- cretion and flexibility. minutes to the distinguished gentle- tion 1001 of the omnibus bill effectively woman from the District of Columbia waives the pay-as-you-go rules for all 1330 b (Ms. NORTON). of the authorizing legislation included We furthermore have $335 million for Ms. NORTON. Mr. Speaker, I very in the omnibus package. It also effec- the Eisenhower Professional Develop- much appreciate and thank the gen- tively, as I understand it, waives the ment Program, again to try to address tleman from Wisconsin (Mr. OBEY), the pay-as-you-go rules for the outyear ef- the shortage in quality of teaching and distinguished ranking member, for fects of other legislation passed this too many teachers teaching outside yielding me time. legislation. their subject area. So I think there are Mr. Speaker, as we approach yet an- I would like to ask the leadership of some high concerns for success in edu- other CR, with all of the terrible prob- this House why these rules are being

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30651 waived and how much spending is not The question was taken; and the Jones (OH) Murtha Shays Kanjorski Myrick Sherman being counted as a result of that? Speaker pro tempore announced that Kaptur Nadler Sherwood We have seen no CBO scoring on the the noes appeared to have it. Kasich Napolitano Shimkus omnibus package. Can anyone tell us Mr. OBEY. Mr. Speaker, I object to Kelly Neal Shows the amount of spending covered by the vote on the ground that a quorum Kennedy Nethercutt Shuster these budget waivers? Kildee Ney Simpson is not present and make the point of Kilpatrick Northup Sisisky I would also ask why Members’ pay order that a quorum is not present. Kind (WI) Norwood Skeen was exempted from this across-the- The SPEAKER pro tempore. Evi- King (NY) Nussle Skelton Kingston Oberstar board cut when it was included in the dently, a quorum is not present. Slaughter previous across-the-board cut that was Kleczka Obey Smith (MI) The Sergeant at Arms will notify ab- Klink Olver Smith (NJ) made? sent Members. Knollenberg Ortiz Smith (TX) I think those are but some of the Kolbe Ose Smith (WA) questions that Members ought to be The Chair would announce that if a Kucinich Owens Snyder Kuykendall Oxley asking before they vote on the budget vote on passage of the joint resolution Souder is required, pursuant to clause 9 of rule LaFalce Packard Spence that is coming at us later this after- LaHood Pallone XX, the Chair will reduce to 5 minutes Spratt noon. Lampson Pascrell Stabenow I would also say, Mr. Speaker, I re- the time for votes on final passage and Lantos Pastor Stark questions incidental thereto. Largent Paul Stearns gret the time that we have taken but I Larson Payne The vote was taken by electronic de- Stenholm think every hour that we spend gives Latham Pease Strickland Members an additional opportunity to vice, and there were—yeas 1, nays 420, LaTourette Pelosi Stump not voting 13, as follows: Lazio Peterson (MN) Stupak understand what is in these bills, and I Leach Peterson (PA) think in the end that serves the inter- [Roll No. 606] Sununu Lee Petri Sweeney est both of every Member and the tax- YEAS—1 Levin Phelps Talent payers that they are trying to rep- Lewis (CA) Pickering Tancredo Forbes Lewis (GA) Pickett Tanner resent. Lewis (KY) Pitts Tauscher Mr. Speaker, I yield back the balance NAYS—420 Linder Pombo Tauzin Abercrombie Clayton Frelinghuysen Lipinski Pomeroy of my time. Taylor (MS) Aderholt Clement Frost LoBiondo Porter Mr. YOUNG of Florida. Mr. Speaker, Taylor (NC) Allen Clyburn Gallegly Lofgren Portman Terry I yield myself the remaining time. Andrews Coble Ganske Lowey Price (NC) Thomas Mr. Speaker, I listened intently to all Archer Coburn Gejdenson Lucas (KY) Pryce (OH) Thompson (CA) Armey Collins Gekas Lucas (OK) Quinn of the discussion and the debate from Thompson (MS) Baca Combest Gephardt Luther Radanovich the Members on the other side of the Thornberry Baird Condit Gibbons Maloney (CT) Rahall aisle, and if any of that debate related Baker Cook Gilchrest Maloney (NY) Ramstad Thune to this CR that is presently before us I Baldacci Cooksey Gillmor Manzullo Rangel Thurman Tiahrt would have a lengthy response, but Baldwin Costello Gilman Markey Regula Ballenger Cox Gonzalez Martinez Reyes Tierney none of that debate relates to this CR. Barcia Coyne Goode Mascara Reynolds Toomey So at this point I would just like to Barr Cramer Goodlatte Matsui Riley Towns make this suggestion, let us pass the Barrett (NE) Crane Goodling McCarthy (MO) Rivers Traficant Turner CR and then get on to the appropria- Barrett (WI) Crowley Gordon McCarthy (NY) Rodriguez Bartlett Cubin Goss McCollum Roemer Udall (CO) tions bill that has been the subject of Barton Cummings Graham McCrery Rogan Udall (NM) debate using this as a vehicle. Bass Cunningham Granger McDermott Rogers Upton Mr. Speaker, I yield back the balance Bateman Danner Green (TX) McGovern Rohrabacher Velazquez Vento of my time. Becerra Davis (FL) Green (WI) McHugh Ros-Lehtinen Bentsen Davis (IL) Greenwood McInnis Rothman Vitter The SPEAKER pro tempore (Mr. Bereuter Davis (VA) Gutierrez McIntosh Roukema Walden LATOURETTE). All time for debate has Berkley Deal Gutknecht McIntyre Roybal-Allard Walsh expired. Berman DeFazio Hall (OH) McKeon Royce Wamp The joint resolution is considered as Berry DeGette Hall (TX) McKinney Rush Waters Biggert DeLauro Hansen McNulty Ryan (WI) Watkins having been read for amendment. Bilbray DeLay Hastings (FL) Meek (FL) Ryun (KS) Watt (NC) Pursuant to House Resolution 385, Bilirakis DeMint Hastings (WA) Meeks (NY) Sabo Watts (OK) the previous question is ordered. Bishop Deutsch Hayes Menendez Salmon Waxman The question is on the engrossment Blagojevich Diaz-Balart Hayworth Metcalf Sanchez Weiner Bliley Dickey Hefley Mica Sanders Weldon (FL) and third reading of the joint resolu- Blumenauer Dicks Herger Millender- Sandlin Weldon (PA) tion. Blunt Dingell Hill (IN) McDonald Sanford Weller The joint resolution was ordered to Boehlert Dixon Hill (MT) Miller (FL) Sawyer Weygand be engrossed and read a third time, and Boehner Doggett Hilleary Miller, Gary Saxton Whitfield Bonilla Dooley Hilliard Miller, George Scarborough Wicker was read the third time. Bonior Doolittle Hinchey Minge Schaffer Wilson MOTION TO RECOMMIT OFFERED BY MR. OBEY Bono Doyle Hinojosa Mink Schakowsky Wise Mr. OBEY. Mr. Speaker, I offer a mo- Borski Dreier Hobson Moakley Scott Wolf Boswell Duncan Hoeffel Mollohan Sensenbrenner Woolsey tion to recommit. Boucher Dunn Hoekstra Moore Serrano Wu The SPEAKER pro tempore. Is the Boyd Edwards Holden Moran (KS) Sessions Wynn gentleman opposed to the joint resolu- Brady (PA) Ehlers Holt Moran (VA) Shadegg Young (AK) tion? Brown (FL) Ehrlich Hooley Morella Shaw Young (FL) Brown (OH) Emerson Horn Mr. OBEY. Mr. Speaker, under these Bryant Engel Hostettler NOT VOTING—13 circumstances, regrettably I am. Burr English Houghton Ackerman Conyers Meehan The SPEAKER pro tempore. The Buyer Eshoo Hoyer Bachus Delahunt Visclosky Clerk will report the motion to recom- Callahan Etheridge Hulshof Brady (TX) Hutchinson Wexler mit. Calvert Evans Hunter Burton Jefferson Camp Everett Hyde Capps Johnson, Sam The Clerk read as follows: Campbell Ewing Inslee Mr. OBEY moves to recommit the joint res- Canady Farr Isakson olution to the Committee on Appropriations. Cannon Fattah Istook b 1359 Capuano Filner Jackson (IL) The SPEAKER pro tempore. Without Cardin Fletcher Jackson-Lee Messrs. TANNER, HEFLEY, BATE- objection, the previous question is or- Carson Foley (TX) MAN, DAVIS of Illinois, MOLLOHAN, dered on the motion to recommit. Castle Ford Jenkins LINDER, CLYBURN, Ms. VELA´ ZQUEZ There was no objection. Chabot Fossella John and Ms. JACKSON-LEE of Texas Chambliss Fowler Johnson (CT) The SPEAKER pro tempore. The Chenoweth-Hage Frank (MA) Johnson, E. B. changed their vote from ‘‘yea’’ to question is on the motion to recommit. Clay Franks (NJ) Jones (NC) ‘‘nay.’’

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30652 CONGRESSIONAL RECORD—HOUSE November 18, 1999 So the motion to recommit was re- Crane Hulshof Ney Taylor (NC) Udall (CO) Weiner Crowley Hunter Northup Terry Udall (NM) Weldon (FL) jected. Cubin Hutchinson Norwood Thomas Upton Weldon (PA) The result of the vote was announced Cummings Hyde Nussle Thompson (CA) Velazquez Weller as above recorded. Cunningham Inslee Olver Thompson (MS) Vento Weygand Danner Isakson Ortiz Thornberry Vitter Whitfield Davis (FL) Istook Ose Thune Walden Wicker b 1400 Davis (IL) Jackson (IL) Owens Thurman Walsh Wilson MOTION OFFERED BY MR. OBEY Davis (VA) Jackson-Lee Oxley Tiahrt Wamp Wise Deal (TX) Packard Tierney Waters Wolf Mr. OBEY. Mr. Speaker, I move to re- DeFazio Jefferson Pallone Toomey Watkins Wu consider the vote by which the House DeGette Jenkins Pascrell Towns Watt (NC) Wynn voted to reject the motion to recommit DeLauro John Pastor Traficant Watts (OK) Young (AK) DeLay Johnson (CT) Payne Turner Waxman Young (FL) the bill to the Committee on Appro- DeMint Johnson, E. B. Pease priations. Deutsch Johnson, Sam Pelosi NOES—16 The SPEAKER pro tempore (Mr. Diaz-Balart Jones (NC) Peterson (PA) Baldwin Manzullo Petri LATOURETTE). Did the gentleman from Dickey Kanjorski Phelps Barrett (WI) Miller, George Ryan (WI) Dicks Kaptur Pickering Wisconsin vote on the prevailing side Coburn Oberstar Sensenbrenner Dingell Kasich Pickett Forbes Obey Souder of the question on the motion? Dixon Kelly Pitts Green (WI) Paul Mr. OBEY. Yes, I did, Mr. Speaker. Doggett Kennedy Pombo Kind (WI) Peterson (MN) Dooley Kildee Pomeroy MOTION TO TABLE OFFERED BY MR. YOUNG OF Doolittle Kilpatrick Portman NOT VOTING—15 FLORIDA Doyle King (NY) Pryce (OH) Ackerman Delahunt Porter Mr. YOUNG of Florida. Mr. Speaker, Dreier Kingston Quinn Brady (TX) Herger Price (NC) I move to lay on the table the motion Duncan Kleczka Radanovich Capps Jones (OH) Visclosky Dunn Klink Rahall Clyburn Meehan Wexler to reconsider. Edwards Knollenberg Ramstad Conyers Mink Woolsey The SPEAKER pro tempore. The Ehlers Kolbe Rangel question is on the motion offered by Ehrlich Kucinich Regula b 1408 Emerson Kuykendall Reyes the gentleman from Florida (Mr. Engel LaFalce Reynolds Mr. COYNE changed his vote from YOUNG) to lay on the table the motion English LaHood Riley ‘‘no’’ to ‘‘aye’’. to reconsider the vote offered by the Eshoo Lampson Rivers So the joint resolution was passed. Etheridge Lantos Rodriguez gentleman from Wisconsin (Mr. OBEY). Evans Largent Roemer The result of the vote was announced The question was taken; and the Everett Larson Rogan as above recorded. Speaker pro tempore announced that Ewing Latham Rogers A motion to reconsider was laid on the ayes appeared to have it. Farr LaTourette Rohrabacher Fattah Lazio Ros-Lehtinen the table. Mr. OBEY. Mr. Speaker, I demand a Filner Leach Rothman f recorded vote. Fletcher Lee Roukema The SPEAKER pro tempore. An in- Foley Levin Roybal-Allard REMOVAL OF NAME OF MEMBER Ford Lewis (CA) Royce AS COSPONSOR OF H.R. 329 sufficient number having arisen, a re- Fossella Lewis (GA) Rush corded vote is not in order. Fowler Lewis (KY) Ryun (KS) Mr. FROST. Mr. Speaker, I ask unan- So a recorded vote was refused. Frank (MA) Linder Sabo imous consent that my name be re- The SPEAKER pro tempore. The Franks (NJ) Lipinski Salmon moved as a cosponsor of H.R. 329. Frelinghuysen LoBiondo Sanchez question is on passage of the joint reso- Frost Lofgren Sanders The SPEAKER pro tempore (Mr. lution. Gallegly Lowey Sandlin LATOURETTE). Is there objection to the The question was taken; and the Ganske Lucas (KY) Sanford request of the gentleman from Texas? Gejdenson Lucas (OK) Sawyer Speaker pro tempore announced that Gekas Luther Saxton There was no objection. the ayes appeared to have it. Gephardt Maloney (CT) Scarborough f RECORDED VOTE Gibbons Maloney (NY) Schaffer Gilchrest Markey Schakowsky WAIVING POINTS OF ORDER Mr. OBEY. Mr. Speaker, I demand a Gillmor Martinez Scott AGAINST CONFERENCE REPORT recorded vote. Gilman Mascara Serrano Gonzalez Matsui Sessions ON H.R. 3194, CONSOLIDATED AP- A recorded vote was ordered. PROPRIATIONS AND DISTRICT OF The SPEAKER pro tempore. This Goode McCarthy (MO) Shadegg Goodlatte McCarthy (NY) Shaw COLUMBIA APPROPRIATIONS will be a 5-minute vote. Goodling McCollum Shays ACT, 2000 The vote was taken by electronic de- Gordon McCrery Sherman vice, and there were—ayes 403, noes 16, Goss McDermott Sherwood Mr. LINDER. Mr. Speaker, by direc- Graham McGovern Shimkus tion of the Committee on Rules, I call not voting 15, as follows: Granger McHugh Shows [Roll No. 607] Green (TX) McInnis Shuster up House Resolution 386 and ask for its Greenwood McIntosh Simpson immediate consideration. AYES—403 Gutierrez McIntyre Sisisky The Clerk read the resolution, as fol- Abercrombie Biggert Calvert Gutknecht McKeon Skeen Aderholt Bilbray Camp Hall (OH) McKinney Skelton lows: Allen Bilirakis Campbell Hall (TX) McNulty Slaughter H. RES. 386 Andrews Bishop Canady Hansen Meek (FL) Smith (MI) Resolved, That upon adoption of this reso- Archer Blagojevich Cannon Hastings (FL) Meeks (NY) Smith (NJ) Armey Bliley Capuano Hastings (WA) Menendez Smith (TX) lution it shall be in order to consider the Baca Blumenauer Cardin Hayes Metcalf Smith (WA) conference report to accompany the bill Bachus Blunt Carson Hayworth Mica Snyder (H.R. 3194) making appropriations for the Baird Boehlert Castle Hefley Millender- Spence government of the District of Columbia and Baker Boehner Chabot Hill (IN) McDonald Spratt other activities chargeable in whole or in Baldacci Bonilla Chambliss Hill (MT) Miller (FL) Stabenow part against revenues of said District for the Ballenger Bonior Chenoweth-Hage Hilleary Miller, Gary Stark fiscal year ending September 30, 2000, and for Barcia Bono Clay Hilliard Minge Stearns Barr Borski Clayton Hinchey Moakley Stenholm other purposes. All points of order against Barrett (NE) Boswell Clement Hinojosa Mollohan Strickland the conference report and against its consid- Bartlett Boucher Coble Hobson Moore Stump eration are waived. The conference report Barton Boyd Collins Hoeffel Moran (KS) Stupak shall be considered as read. Bass Brady (PA) Combest Hoekstra Moran (VA) Sununu SEC. 2. Upon adoption of the conference re- Bateman Brown (FL) Condit Holden Morella Sweeney port addressed in the first section of this res- Becerra Brown (OH) Cook Holt Murtha Talent olution, the House shall be considered to Bentsen Bryant Cooksey Hooley Myrick Tancredo Bereuter Burr Costello Horn Nadler Tanner have adopted a concurrent resolution con- Berkley Burton Cox Hostettler Napolitano Tauscher sisting of the text printed in section 3. Berman Buyer Coyne Houghton Neal Tauzin Sec. 3. The text of the concurrent resolu- Berry Callahan Cramer Hoyer Nethercutt Taylor (MS) tion addressed in section 2 is as follows:

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30653 ‘‘Resolved by the House of Representatives Mr. Speaker, earlier this year the Re- our commitment to enhancing local (the Senate concurring), That the enrolled publican Congress made a commitment law enforcement without involving copy of the bill (H.R. 2466) making appropria- to end the 30-year raid on Social Secu- Washington bureaucrats. We also pro- tions for the Department of the Interior and rity and, according to the Congres- vide funding for 1,000 new border patrol related agencies for the fiscal year ending sional Budget Office, we have now com- September 30, 2000, and for other purposes, agents, funds for increased criminal shall not be presented to the President, to pleted that task. The President began and illegal alien detention, and the re- the end that the bill be, and is hereby, laid the budget negotiations by taking a sources necessary to end the severe on the table.’’ large step toward our position on the naturalization backlog at the INS. The SPEAKER pro tempore. The gen- Social Security issue and joined us in The District of Columbia continues locking away every penny of Social Se- tleman from Georgia (Mr. LINDER) is to receive the high level of funding pro- recognized for 1 hour. curity. We worked with him in a bipar- vided in each round of this process. The Mr. LINDER. Mr. Speaker, for the tisan fashion to protect retirement se- conference report paves the way for purpose of debate only, I yield the cus- curity. We were determined to protect dramatic improvement in the edu- tomary 30 minutes to the gentleman American seniors and this Congress cation of Washington’s children, the and its leadership denied any piece of from Texas (Mr. FROST), pending which safety of our streets, and the manage- I yield myself such time as I may con- legislation on the House floor that ment of our Nation’s Capital. spent one penny of it. sume. During consideration of this res- To achieve our goal of protecting H.R. 3194 also brokers a responsible olution, all time yielded is for the pur- American seniors and responsibly fund- compromise on the environment in the pose of debate only. ing important programs, we are includ- Interior appropriations section of this Mr. Speaker, H. Res. 386 is a typical ing in this bill a plan to direct every conference report. Republicans rejected rule providing for consideration of H.R. Federal agency to reduce spending by attempts to impose the restrictions of 3194, the conference report for the Dis- less than one-half of one percent, .38 the Kyoto global warming regime on trict of Columbia appropriations bill percent of 1 percent, by routing out Americans without Senate consider- for fiscal year 2000. The rule waives all waste, fraud, and abuse. Surely the ation of the treaty. Nevertheless, the points of order against the conference government can save less than about bill maintains our high environmental report and its consideration and pro- half a penny out of every dollar. This standards and ensures our air and vides that the conference report shall Republican Congress is simply asking water will be cleaned into the next mil- be considered as read. those who run Federal agencies to lennium. H. Res. 386 also provides that, upon make fiscally responsible budgeting de- While I will permit the chairman of the adoption of the conference report, cisions with the money taxed out of the Committee on Appropriations to the text of the concurrent resolution our paychecks. We all know the agency describe fully all the contents of the printed in the rule tabling the con- directors and executives know where appropriations bill, I did want to note ference report accompanying the De- the waste is, and I am relatively cer- the inclusion of the satellite copyright partment of Interior appropriations tain they will be able to weed out at legislation about which many of our bill shall be considered as adopted. least that much in savings with this constituents have expressed concerns Finally, House rules provide 1 hour of sensible plan. during the past year. I am pleased that general debate divided equally between In addition to meeting the fiscally this bill will provide a new copyright the chairman and ranking minority responsible objectives, this conference license to satellite television that will member on the Committee on Appro- report also ensures that our principles allow constituents to receive their priations and one motion to recommit of quality and flexibility in the funding local television channels over their with or without instructions as is the for teachers have been met. In the satellite service. right of the minority. Labor-HHS section of the bill, this In addition, this bill will bring real Mr. Speaker, this rule and this con- Congress ensures that funding may no competition, ensure better prices and ference report bring the budget process longer be used to hire unqualified choices for our constituents, protect for the fiscal year 2000 to a close by im- teachers, provides that schools will existing subscribers from having their plementing a bipartisan compromise have more flexibility in using their distant network service shut off, and on the remaining appropriations bills, funding for improving the quality of make it easier for consumers to get ei- District of Columbia, Interior, Com- uncertified teachers, and increases the ther a waiver or an eligibility test for merce-Justice-State, Foreign Oper- amount of funding that may used for distant network service in the event ations, and Education, Labor, Health professional training for teachers. the waiver request is denied. This bill and Human Services. The administration pushed for a one- is good for our constituents, and I am Only three times in the last two dec- size-fits-all mandate in which Wash- pleased to support it. ades has the Congress passed all 13 ap- ington controlled the 100,000 New Mr. Speaker, I want to commend the propriations bills by the fiscal dead- Teachers program. Not every district chairman of the Committee on Appro- line. I point out one was recently when needs new teachers. Some need better- priations, the gentleman from Florida the gentleman from Wisconsin (Mr. trained teachers. Other districts need (Mr. YOUNG), each of the subcommittee OBEY) was chairman. It is true that we books, high-tech equipment, and up- chairmen on the Committee on Appro- did not make this deadline this year. dated math and reading programs. I priations, and the ranking minority However, it is also true that keeping think it is foolish for the Washington member, the gentleman from Wis- our fiscal house in order does take a bureaucracy to tell every school dis- consin (Mr. OBEY), for their tireless ef- little longer than the free-wheeling, trict in America that Washington forts over the past few weeks to reach big-spending days of the past because knows best how to spend tax dollars to an agreement on the budget. we must ensure that all funding is educate our children. This rule was favorably reported by spent efficiently and where it is needed The debate in Washington is not only the Committee on Rules yesterday, I the most. about money. It is also about how that money should be spent. This bill moves think that might have been this morn- 1415 b us closer to the right balance of edu- ing, at about 3:30 a.m., and I urge my The conference report before us this cation funding by providing additional colleagues to support the bill on the afternoon not only holds the line on funds for America’s students through floor so we may proceed with the gen- the President’s additional spending re- programs like Pell grants and special eral debate and consideration of this quests, but also responsibly funds areas education while lowering the bureau- important conference report. important to every American citizen cratic burden imposed by Washington Mr. Speaker, I reserve the balance of and protects the American people from through programs like Goals 2000. my time. waste, fraud and abuse across the en- The Commerce, Justice, State sec- Mr. FROST. Mr. Speaker, I yield my- tire Federal Government. tion of the conference report maintains self such time as I may consume.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30654 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Mr. Speaker, at 3:20 a.m. this morn- Rights, the EEOC, and for Legal Serv- Mr. LINDER. Mr. Speaker, I yield 2 ing the Committee on Rules was con- ices. minutes to the gentlewoman from New vened to report this rule. The chairman The Foreign Operations appropria- Jersey (Mrs. ROUKEMA). of the Committee on Appropriations, tion fully fund the Wye Agreement, al- Mrs. ROUKEMA. Mr. Speaker, I want the gentleman from Florida (Mr. lowing the United States to meet its to rise in strong support of the rule as YOUNG), said at that time that he obligations in the Middle East. The In- well as the bill. would like to take the time to explain terior appropriation contains increases There are numbers of issues here that to the committee what was in this con- in funding for the Bureau of Indian Af- are well taken care of in this bill, but ference agreement, but that to do so fairs and for Indian schools and tribal I specifically want to say for people in might take 4 days. While I know he was community colleges, provides funding New Jersey that we have not only help engaging in a little hyperbole, I cannot for the Lands Legacy program, and de- here for the victims of Hurricane think he was too terribly off the mark. letes the most objectionable riders that Floyd, but also for New Jersey farmers Mr. Speaker, this rule rolls five ap- have been added to the bill in the Sen- who have suffered a terrible drought propriation bills, agriculture disaster ate. over the past year or more. assistance funding, and $576 million for The FEMA use of money in this bill, The Labor-HHS, Education appro- $250 million, to buy out homes that Hurricane Floyd disaster assistance, priation provides $35.7 billion in fund- all into one bill. The conference agree- were severely damaged by Floyd, is ing for one of the top Democratic prior- very, very necessary in New Jersey; ment also contains a much-needed ities, class size reduction. This is a Medicare reimbursement fix for hos- and it will help to not only have miti- major victory for the President and for gation efforts but also do the buyout of pitals and nursing homes, the author- Democrats in Congress; but even more ization for the Department of State, some of these homes. so, it is a victory for parents and their But I rise particularly today to point which contains terms and conditions children and for quality public school out, as a member of the Committee on that must be met in order for U.S. ar- education. This conference agreement Banking and Financial Services as well rearages to be paid, as well as other also includes funding for the Maternal as a member of the board of directors matters that were not made clear to and Child Health Block Grant, for the of Bread for the World, that we do have the Committee on Rules early this Low-Income Home Energy Assistance in this bill a wonderful effort to help morning. Program, and for the Older Americans debt burden relief for those poorest I am perfectly aware that Members Act programs. countries, and I think that is very im- are anxious to end the session of the This bill represents a lot of hard portant. I want to commend the major- 106th Congress, but could we not wait work and many hard-won compromises. ity leader, the gentleman from Texas an extra hour or 2 to give Members an However, there is one provision that is (Mr. ARMEY), because it was through opportunity to find out what is really problematic for many Members of this his efforts that we were able to get this in this bill? I am also concerned that House. While the bill funds the arrear- money in there, help the hungry and this enormous bill is only going to get ages owed to the United Nations, these the poorest countries of the world, and 1 hour of debate when in fact each one funds have been won at an extraor- really help put in place reforms for the of these bills in it should be considered dinarily high cost, a cost that for some next year that will address the ques- separately. Evidently, the Republican Members may be too high. The fact tions of transparency in the Inter- leadership does not think that it is that this bill trades off payment to the national Monetary Fund. necessary for Members to know what U.N. for family planning around the But for my part, aside from the fact they are voting on. world is tragic. Women’s lives and that this is long overdue to help feed This is a very bad way to do business, health are being held hostage, Mr. those poor people in the poorest coun- Mr. Speaker. And no one should be sur- Speaker; and for many of us in this tries, I also want to say that I will con- prised if Members raise objections to body, such a situation is deplorable. No tinue to track the distribution of that considering this rule at this time. one should be surprised if Members debt relief and ensure that it is not While the contents of this omnibus ap- vote against this conference agreement being diverted by corrupt government propriations bill might be known to ne- because of that issue alone. actions. This is a wonderful activity. gotiators from Congress, the White Finally, Mr. Speaker, this bill does We cannot forget these poor people, House, and a few select others, most of and it is in the grand tradition of our the Members of this body know what is contain an across-the-board cut. Grant- ed, it is far smaller than originally pro- great country, the United States of in the bill only through news reports America. and summaries. posed by the Republican majority, but the symbolism is hard to miss. Because Although we have spent many weeks trying This is not the first time this has to get to this point I believe we have a fair happened, nor will it be the last; but, this bill has only been whole for a mat- ter of hours, it is doubtful that the compromise for all. Although there are many Mr. Speaker, how hard would it be to items in this bill that I could speak about today give Members of this body a few extra Congressional Budget Office has had an opportunity to cost it out. But this there are a few I would like to mention today. hours to ask questions? The Repub- First I am pleased that this bill contains across-the-board cut is a fig leaf de- lican leadership is obviously making extra funding to help victims of Hurricane signed to conceal the fact that gim- contingent plans in case the other body Floyd and the disastrous drought suffered by micks and bells and whistles have been does not act quickly on this conference our New Jersey farmers. used to mask the fact that this bill agreement. The Committee on Rules This legislation allows FEMA to use $215 most likely does cut into the Social reported a rule making in order two ad- million to buyout homes severely damaged by Security surplus. The White House ditional continuing resolutions that the flood caused by Hurricane Floyd. This is may have bought into this charade, but will carry us through November 23 and very important to my state of New Jersey this is one Member who understands December 2. A few hours more today is where many homes were damaged. This will that in this case the emperor and all not an extraordinary request, Mr. help relocate some of those homes outside of his men have no clothes. Speaker. the natural flood plain. So what is in this bill? There are cur- Mr. Speaker, this agreement is a This bill also has additional funds to help rently some significant improvements mixed bag; and Members should really our farmers who have suffered from weather over the earlier appropriations vetoed be given the time to look at it so they related disasters. by the President, and these represent a can intelligently make a decision I would also like to put my colleagues on victory for Democrats and for the peo- about how they want to vote. There is notice—we, in New Jersey, are still tallying the ple of this country. The Commerce, a lot at stake here, and surely it is price tag of Floyd. When the totality of the Justice, State appropriation contains worth a little more time. damage from this unprecedented hurricane is increased funding for the COPS pro- Mr. Speaker, I reserve the balance of determined, we will most likely have to ad- gram, increases for the Office of Civil my time. dress this issue again early next year. And

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30655 when we do, I strongly urge my colleagues to plan of the leadership to bring the rule tleman from Pennsylvania (Mr. GOOD- address the unique circumstances of small and the continuing resolution that just LING). businesses that were damaged by the storm. passed, to have that up right away at Mr. GOODLING. Mr. Speaker, I These small businesses are the economic 10 o’clock, whiz it through the House, thank the gentleman for yielding me backbone of many of our communities and immediately move to the rule, which time. need and deserve direct grants to help them we are now on, and then move imme- Mr. Speaker, earlier in dissertation back on their feet. diately to the omnibus appropriation on the floor it was mentioned that the Also I am pleased that this bill contains bill, which none of us have read and President won something in the area of many of the provisions of H.R. 1402 which im- none of us understand. And that vote education. I want to make sure, and I plements the Option 1-A milk pricing system would have been taken by noon with- will do this several times this after- that is so important to the small dairy farmers out even having a single copy of that noon, that everybody understands that in New Jersey and the northeast. It also ex- bill on the floor. the President did not win anything in education. tends the dairy Compact for two years. b 1430 Finally, I am pleased that this bill advances The chairman of the Committee on the international plan to provide debt relief to What I was trying to do is to give Education and the Workforce did not the world’s poorest countries. Members, first of all, enough time to win anything in the area of education. Mr. Speaker, I am on the Board of Directors simply get a copy on the floor; sec- The children of the United States won of Bread for the World—one of the distin- ondly, to give our staffs an opportunity a lot in the area of education. And, guished and notable groups that have been to try to determine with greater cer- above all, the most disadvantaged chil- spearheading the debt relief movement. In- tainty exactly what is in the author- dren in the United States won in the deed, much of the religious community is urg- ization attachments and what is not; area of education. ing us to write off some of the unpayable debt and thirdly, to develop at least some When I was able to show to the ad- of the world’s poorest countries during the pieces of information available to rank ministration that 50 percent of many of year 2000. And under the right conditions, it’s and file Members so that those Mem- the teachers in the schools in New the right thing to do. bers who were not in the negotiations York City and duplicated in large cit- The language Majority Leader ARMEY has understand just how replete with gim- ies all over the country were totally negotiated with Treasury is very helpful and I micks and replete with fraud this up- uncertified and, beyond that, probably commend him for his efforts. It will increase coming bill is. not qualified, some that were certified, the impact of the funding the House has al- Now, we have done I think as much they agreed there is no reason to put ready voted to appropriate for the relief of as we could reasonably do. It has never one more teacher in there. We better debts that very poor countries owe to the been my intention once the debate on get those who are there properly quali- United States. This language will ensure that the bill starts to offer further motions fied. the International Monetary Fund and other because I think both parties are enti- When they realized that last year 10 governments also help provide for this debt re- tled to lay out their views on that bill percent of all those new teachers that lief. In addition, I believe it will require ac- without interruption, and I have no in- were hired were totally unqualified, countability to ensure that the monies will be tention of making future motions once they realized putting one teacher in directed to feeding the hungry in these poorest we get to the bill itself. there was not going to help anything, countries. I do ask the House, on this bill, to they better get the people who are For my part, I will continue to track the dis- vote against this rule because we have there more qualified. And so, we say in tribution of this debt relief to ensure that it is no business doing business this way. that legislation agreed to by the ad- not being diverted by corrupt government ac- We have no business adding nine sepa- ministration that any new hires must tions. rate authorization bills to the under- be properly qualified and anybody that Mr. Speaker, this language will also give lying appropriations bill. We have no was hired last year that was not quali- Congress another opportunity next year to business hiding from Members the $45 fied must be qualified within 1 year. push for IMF reform. Many Members—from billion in spending gimmicks that are That is why the administration both parties—agree that the IMF should be in these bills. agreed that we should move from 15 to more transparent and more accountable—to It just seems to me that the way we 25 percent in the area of flexibility. the taxpayer’s of the United States and to should proceed is to have an hour’s de- That is why the administration agreed people in the countries where it works. bate on each of the provisions being that we should move it 100 percent in There is also widespread agreement on the added to the appropriations bills so those school districts where they have basic goal of debt relief—to support economic that, whether Members are for them or all the uncertified and unqualified development and the reduction of poverty in against them, the House at least has an teachers. the poorest countries. Treasury, the World opportunity to understand what it is That is why the administration Bank and IMF have adopted promising new doing. agreed that public school choice should policies and procedures recently, and Con- Nobody knows what we are doing on be available to the 7,000 schools that gress will need to be vigilant that these these bills except perhaps a few of the are Title I schools who are not doing changes really do translate debt relief into staffers who put them together, I will anything about improving the quality help and opportunity for poor and hungry peo- grant that. But I doubt that any Mem- of their education, and they said those ple. ber is fully aware of all of the provi- parents should have the right, and we Mr. Speaker, this nonomnibus package is sions in these bills. And we are going agreed. far from perfect. Like many Members, I could to regret a good many of them, I am We brought it up. They agreed. So find certain parts of this bill problematic. But, sad to say. nobody won except the children of the we must look at the whole picture. And on the I would simply say, for instance, that United States and, above all, those whole this bill is fair. there are pieces of this bill, and this is children who are most disadvantaged. I urge my colleagues to support this bill. not true of the appropriation items, Mr. FROST. Mr. Speaker, I yield 3 Mr. FROST. Mr. Speaker, I yield 3 but there are other pieces of the bill minutes to the gentleman from Cali- minutes to the gentleman from Wis- which we will consider which have not fornia (Mr. STARK). consin (Mr. OBEY). yet been scored by the Congressional Mr. STARK. Mr. Speaker, I thank Mr. OBEY. Mr. Speaker, I thank my Budget Office. We ought to know what the gentleman for yielding me the distinguished colleague for yielding me they estimate the cost to be before we time. this time. vote on this bill. Mr. Speaker, I would like to talk Mr. Speaker, once again I want to So I would urge my colleagues to about the calendar and explain that make clear why I have offered the mo- vote against the rule. Thanksgiving does not come until tions that I have offered for the past Mr. LINDER. Mr. Speaker, I am Thursday, a week, and the ‘‘turkey’’ 21⁄2 hours. I did so because it was the pleased to yield 2 minutes to the gen- that we are about to consider today is

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30656 CONGRESSIONAL RECORD—HOUSE November 18, 1999 stuffed with a lot of horrendous gifts Mr. THOMAS. Mr. Speaker, I thank for more significant Medicare reforms and failures. the gentleman, the Chairman of Appro- next year.’’ For example, stuffed away in this priations, for yielding me the time. It is quite true that the gentleman bill, unknown to many of my col- Mr. Speaker, we are supposed to be from California tried to offer a number leagues, is a gift of over $500 million a talking about a rule. But, obviously, of killer amendments to fundamentally year to drug companies who have their we are into the substance of these alter Medicare, to change the entire pharmaceutical drugs exempted from measures. There has been a character- structure on a modest bill that the certain protections under the Medicare ization of some of that substance by President agreed needed to correct bill. But at the same time we are giv- the gentleman from California (Mr. some flaws in the Balanced Budget Act ing $500 million a year to these phar- STARK), and I would like to take just a of 1997 refinements. maceutical companies, members of the couple of minutes to set the stage for No refinement bill could carry the Committee on Ways and Means, all of those of our colleagues who may be kind of amendments the gentleman them, all of the Republicans who were nervous about the fact that the body from California offered. And clearly, there voted to deny seniors a discount does not know what we are doing in the purpose of those amends was to be on their prescription drugs. terms of the Medicare reform or that able to stand up on the floor and then That means that the gentleman from items have been slipped into this bill. make a statement that somehow we re- Arizona (Mr. HAYWORTH), the gen- Perhaps the gentleman does not re- fused to provide prescription drugs to tleman from Pennsylvania (Mr. member that we had a subcommittee seniors. ENGLISH), the gentleman from Florida mark-up on October 15. We examined It seems to me that if less of that (Mr. SHAW), the gentleman from Flor- the bill at that time and voted it favor- kind of hyperbole were employed and ida (Mr. FOLEY), and the gentlewoman ably to the full committee. more of a willingness to work together, from Connecticut (Mrs. JOHNSON) all In between subcommittee passage as has been indicated by the White voted to deny the seniors in their dis- and the full committee vote, the Presi- House, health care coordinator, we trict a discount on their prescription dent wrote a letter to me dated Octo- could accomplish much. In a letter drugs, which would have cost the Fed- ber 19 and said, ‘‘Dear Mr. Chairman, I dated November 15 that was addressed eral Government not one penny. Yet, am writing to respond to your request to the Speaker signed by John Podesta, grandly, they are going to vote to give about administrative actions.’’ Chief of Staff to the President of the $500 million a year to the pharma- He goes on and provides an outline United States, in which he said, for ex- ceutical companies. for what the administration has been ample, in the third paragraph, ‘‘As Of- Now, this bill is not paid for. There is trying to do notwithstanding the Y2K fice of Management and Budget Direc- a $4 billion gift to the medical pro- computer problems that the adminis- tor Lew indicated in his letter to Mr. viders. Yet it shortens Medicare sol- tration has had the day after he signed Thomas on October 18, findings or vency and raises the Part B premium the Balanced Budget Act of 1997. We clarifications by Congress do not on all of our seniors by $12. were not aware of them prior to sign- change the law and do not result in At the same time, this bill has failed ing the bill, but they discovered them scoring. Therefore, the attached clari- to give Medicaid to children of legal immediately after they signed the leg- fying language on the hospital out- immigrants. Young children are denied islation. patient department policy would not be medical care if they came to this coun- His next-to-last paragraph said this: scored by the OMB. With this in mind, try after 1996. ‘‘We believe that our administrative we would not characterize such legisla- Yet, we had a great gift to the Blue tion as having an adverse effect in any Cross/Blue Shield company by weak- actions can complement legislative modifications to refine BBA payment way on the Social Security surplus.’’ ening quality control standards for A letter from the White House says it policies. These legislative modifica- managed care under Medicare. We does not affect the Social Security sur- tions should be targeted to address un- weakened the standards when this plus. The comments from the White same Congress has been unable to fi- intended consequences of the Balanced House people we worked with said it nalize the managed care bill of rights. Budget Act of 1997 that can expect to was an ‘‘honorable compromise’’. CBO We are doing nothing under the Repub- adversely affect beneficiary access to has scored it, and I will put it in the quality care.’’ lican leadership except giving big dol- RECORD in terms of the dollar amounts lars to the pharmaceutical companies That was exactly what we did. We on a 1-year, 5-year, 10-year, in fact, a in exchange for their donations, giving targeted it. This is a refinement bill. detailed scoring. big gifts to Blue Cross and for-profit And on October 21, it passed the full Why anyone would stand up on the managed care plans who are reaming committee with a bipartisan vote. This floor of this House and characterize the our seniors. is not something that was done in the Medicare legislation as reckless or in- And yet, in the next bill to be consid- dead of night at 3 a.m. in the morning. appropriate, when Democrats that we ered, if this turkey that we will con- It went through the subcommittee. It worked with to put the package to- sider in the extenders happens to have went through the full committee. And gether, such as the gentleman from a bowel movement, we are going to then it came to the floor on November Maryland (Mr. CARDIN), White House spend $40 million or $30 million a year 5. And with 388 Members of the House representatives, Chief of Staff John Po- turning the results of that activity supporting the very specific provisions desta and their health care coordinator into energy. that have been characterized as insid- say this is an honorable agreement, I would suggest, if we are going to ious or give-backs or rip-offs, 388 Mem- that we have it scored that it does not put up with all this Republican al- bers of the House voted for it. affect the important hospital out- chemy, why do we not ask these same But beyond that, after we worked patient area, any adverse effect on So- poultry producers to turn that by-prod- with our sister committee on this side cial Security, I have got to say it uct into gold; and then they might find in jurisdiction, the Committee on Com- sounds a little desperate on the part of the $17 billion they cannot find to pay merce, with the Senate Finance Com- some individuals who voted no in sub- for in this bill and, so, it is going to mittee, and with the White House to committee, no on the floor, and are come out of the Social Security trust craft an agreement that looked vir- voting no now that, frankly, their col- fund. tually exactly like the House bill, leagues do not agree with them. All in all, the gentleman from Texas there was a comment by White House This is a good package. People are (Mr. FROST) is correct. It is a bill we representative Chris Jennings, who is pleased to and it is endorsed by Repub- should not be voting on in the dark. identified as the health policy coordi- licans, some Democrats, most Demo- Vote ‘‘no’’ on the rule and the bill. nator at the White House, in news sto- crats, 388 votes on the floor of the Mr. LINDER. Mr. Speaker, I am ries published on November 11, Mr. House, and the White House. pleased to yield 6 minutes to the gen- Jennings said, ‘‘This is an honorable I am pleased to work together with tleman from California (Mr. THOMAS). compromise. It lays down a foundation those who want to improve Medicare to

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30657 make sure that it is better for our sen- Mr. FROST. Mr. Speaker, I yield 2 weeks, the national media, environ- iors today and tomorrow. minutes to the gentlewoman from Cali- mental organizations, and the White Mr. Speaker, I include the following fornia (Ms. PELOSI). House have engaged in a campaign of for the RECORD: Ms. PELOSI. Mr. Speaker, I thank misinformation regarding a proposal THE WHITE HOUSE, the gentleman for yielding me the by the West Virginia congressional del- Washington, November 15, 1999. time. egation to address a coal mining crisis Hon. DENNIS HASTERT, Mr. Speaker, I rise reluctantly in op- in our State. Speaker of the House of Representatives, position to this rule because I believe Over the years, litigation in the Capitol Building, Washington, DC. that it is not fair and it is not in keep- State of West Virginia has resulted in DEAR MR. SPEAKER: We are pleased that we some of the toughest mining reclama- have been able to work out a strong, bipar- ing with the great tradition of this tisan agreement on the Balanced Budget Re- House for us to have an open debate tion laws in the Nation. Indeed our finement Act of 1999. All parties to the and for Congress to work its will on coal industry in West Virginia operates agreement, in particular Mr. Thomas, Mr. important matters that affect our under greater environmental scrutiny Bliley, Mr. Dingell, Mr. Rangel, Mr. Stark, country. than the industry does in any other Mrs. Johnson, Mr. McCrery, Senator Roth, State in our Nation. As a result of liti- Senator Moynihan and Senator Nickles, b 1445 gation, environmental plaintiffs en- played critical roles in achieving this out- There are at least nine bills rolled tered into a settlement agreement with come. We know that this was as high a pri- into this bill that this rule is for, five the United States on matters involving ority for you as it has been for the President both the Clean Water Act and the Sur- and we appreciate your leadership. appropriations bills. I do not like to As you know, a technical drafting change spend a good deal of time talking about face Mining and Reclamation Act. in the BBA has resulted in some confusion process, but when the rule for a bill for On October 20 of this year, a Federal over the outpatient payment formula that at least nine pieces of legislation al- court decision rendered a rather unique could result in a reduction in payments. lows for 1 hour of debate, one-half an interpretation of the relationship be- Aside from correcting a payment formula hour on each side, that is not serving tween provisions of the Clean Water flaw, the hospital outpatient PPS was not the American people well. Act and SMARA. This interpretation designed to impose an additional reduction One of the issues that I wish we could in my view is contrary to congressional in aggregate payments. We continue to be- intent in enacting the applicable stat- lieve that such a reduction would be unwise. debate more fully if our bill on foreign During our deliberations on the balanced operations were brought up separately, utes. Our delegation has sought to reaf- Budget Refinement Act, we agreed to resolve which it should have been, is the issue firm the interpretation of these provi- any confusion through a Congressional in- of international family planning. I sions of law and regulations that have tent clarification provision. Earlier today, think it is very instructive to the been upheld by the EPA, the Corps of language to this effect was worked out be- American people to see that the Repub- Engineers and the Interior Depart- tween the White House and Mr. Thomas. ment. Nothing, and I repeat, nothing in As Office of Management and Budget lican majority in this House was will- ing to hold hostage the United States our efforts have sought to undercut the (OMB) Director Law indicated in his letter Clean Water Act. In fact, the provision to Mr. Thomas on October 18, findings or international role in the world. The clarifications by Congress do not change the Republican majority was willing to of our legislation clearly states, and I law and do not result in scoring. Therefore, hold hostage the poorest women in the quote, ‘‘nothing in this section modi- the attached clarifying language on the hos- world and their access to family plan- fies, supersedes, undermines, displaces pital outpatient department policy would ning. They were willing to hold hostage or amends any requirement or any reg- not be scored by OMB. With this in mind, we our position at the United Nations at a ulation issued under the Federal Water would not characterize such legislation as time when we are calling out for Pollution Control Act.’’ having an adverse effect in any way on the I do not know how to better state it, multilateralism and not the U.S. car- Social Security surplus. how to make it more clear. Yet despite rying the full burden. Achieving a bipartisan consensus on ad- these facts, a campaign of misinforma- dressing the unintended consequences of the I think it points to the extremism of tion has been trumpeted around this BBA is an important accomplishment. The the Republican Party that this is, and Nation and has been unfair to our West President hopes that we can build on this I point out, my colleagues, this is not Virginia congressional delegation. The achievement and pass legislation to about abortion; it is about family plan- White House certainly is to blame. strengthen and modernize Medicare. ning, that a majority of the Repub- Sincerely, This is unfortunate, because the White licans have voted to oppose all funding JOHN D. PODESTA, House and the President’s senior advi- Chief of Staff to the President. for all international family planning, sors particularly have turned their Enclosure. that they would take that position and back on the many hundreds of hard- use it against the administration and working men and women whose liveli- BUDGETARY IMPACT OF THE ‘‘MEDICARE, MEDICAID, AND force the administration’s hand to S–CHIP BALANCED BUDGET REFINEMENT ACT OF 1999’’ hoods, whose families and whose fu- agree to their position in order for us tures now hang in the balance. These [In billions of dollars] to maintain our vote at the U.N. while are the individuals who have toiled be- we paid our dues. CBO estimate neath the surfaces of this Nation in Program refinement I urge my colleagues to vote ‘‘no’’ on 5 year 10 year order to provide us energy security this rule in the hopes that we could that lights this very chamber today. House-Senate agreement: bring back the substantive matters be- Mr. FROST. Mr. Speaker, I yield 2 Hospitals ...... 3.4 5.3 fore this House in a fair and open and Skilled Nursing Facilities ...... 2.1 2.1 minutes to the gentleman from West Outpatient Therapy Services ...... 0.6 0.6 democratic way. Virginia (Mr. WISE). Home Health & Hospice ...... 1.3 1.4 Mr. FROST. Mr. Speaker, I yield 2 Dialysis & Durable Medical Equipment ...... 0.3 0.8 Mr. WISE. Mr. Speaker, I rise in op- Pap Smears & Immunosuppressive Drugs ...... 0.2 0.4 minutes to the gentleman from West position to this rule and to the final Medicare+Choice ...... 1.9 2.5 Virginia (Mr. RAHALL). Medicaid ...... 0.7 1.2 spending bill. There may be many laud- S–CHIP ...... 0.2 0.4 Mr. RAHALL. I thank the gentleman able provisions, but unfortunately this Part B Interaction and Medicare+Choice Inter- for yielding me this time. action ...... 0.8 1.8 bill does not include the important Mr. Speaker, I rise in opposition to Byrd-McConnell mining amendment Total spending (reflecting House-Senate the rule and wish to set the record agreement) 1 ...... 12.4 17.1 that the West Virginia delegation has Addition per administration’s request: straight on the swirling misperceptions sought so hard to include. Failure to Administration’s Request for Hospital Outpatient that have surrounded the West Vir- PPS Clarification 2 ...... 3.9 9.6 include the West Virginia delegation’s ginia delegation’s efforts to provide a language which would rectify a Federal Total spending (reflecting Administration’s balance between protecting jobs so es- request) 1 ...... 16.0 27.0 court decision means months, perhaps sential for our Nation’s energy security even years of uncertainty, uncertainty 1 Components may not add to total due to rounding. 2 Request detailed in letters from the OMB (10/18/99). Clarification will and protecting our environment at the about whether to enter into coal con- not be scored by OMB on its baseline. same time. Over the past several tracts, uncertainty about whether to

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30658 CONGRESSIONAL RECORD—HOUSE November 18, 1999 make investments in future mining, veto them. He did not keep that prom- and three other West Coast States ad- uncertainty in families’ lives about ise. He probably should have. dress the recent salmon listings under whether they will continue their jobs But in many respects, we all know, the Endangered Species Act. Funding in the mining industry and, finally, un- everybody in this body knows it is for these programs was my top pri- certainty, yes, even for the environ- wrong to have these omnibus bills ority. I want to sincerely thank the mental advocates, because there are no where we throw almost everything into gentleman from Kentucky (Mr. ROG- final rules of the road. it. If anybody here can say with an ERS), the gentleman from New York If this day ends without the impor- honest expression on their face that (Mr. SERRANO), and the gentleman from tant Byrd-McConnell language, I be- they know what everything is in that Ohio (Mr. REGULA) for working with me lieve, though, we must continue work- bill, well, God save you. We know that to provide these critical funds that will ing. First, all parties must agree that there is a lot of stuff in that. We are help our State protect and restore West the present stay of the court decision going to read over the next several Coast salmon provisions. has to remain in effect. Second, the months about issues that are in the Additionally, funds were included to DEP and Federal agencies must work bill, and we are going to be embar- help implement the recently nego- together to analyze the full impact of rassed by it. tiated treaty between the United the court’s decision. And, third, all But I am most embarrassed about States and Canada that will aid our ef- parties, mining, State and Federal offi- what is happening to the dairy farmers forts to recover these fish by substan- cials, and environmental representa- in the upper Midwest. Every morning tially reducing their harvest. I regret tives must undertake serious negotia- at 4:30 lights go on all over the upper that the conference agreement did not tions to see if agreement can be Midwest, 3,000 in my district. Nobody provide the requested increase for the reached to deal with the most severe works harder than dairy farmers, and National Endowment for the Arts, but impact of the court’s decision. this is a knife in the back to those peo- appreciate the modest increase for the But, Mr. Speaker, let me make a ple. For 62 years they have labored National Endowment for the Human- point. Great progress has been made in under the yoke of an unfair milk mar- ities. I believe there is strong public improving surface mining. As a result keting order system, and this leader- support for both of the endowments of environmental legislation and a ship has knifed them in the back in the and wish the funding levels to the arts sweeping environmental settlement 11th hour in a back-room deal. I can better reflected that support. just months ago, surface mining will live with the outcome if we have reg- Again I wish to warmly thank the never be the same again in the State of ular order. I understand democracy. If gentleman from Ohio (Mr. REGULA) for West Virginia. So great progress has we have an honest up or down vote and his tireless work on the Interior appro- been made. The question is whether we lose in the House; we have an hon- priations bill. These negotiations were balance will be preserved. And the est up or down vote and we lose in the lengthy and tedious, but he dem- court’s decision takes it too far the Senate, I can live with that. That is onstrated extraordinary leadership and was instrumental in bringing this other way. The important Byrd-McCon- called democracy. But when it is done agreement to the floor today. nell language would guarantee that at the 11th hour by a handful of leaders Mr. LINDER. Mr. Speaker, I yield 2 there would be balance, that gains in in a back-room deal, well, I cannot live minutes to the gentleman from Wis- regulating mining would be preserved with that, and I cannot vote for a rule consin (Mr. RYAN). and at the same time the important that would support it. Mr. RYAN of Wisconsin. Mr. Speaker, mining jobs, particularly in those areas Mr. FROST. Mr. Speaker, I yield 2 I would like to speak out in opposition of high unemployment, would be pre- minutes to the gentleman from Wash- to not only this rule but to this final served. ington (Mr. DICKS). bill for many reasons, but chief among Mr. Speaker, mountaintop removal Mr. DICKS. Mr. Speaker, I rise today those reasons why I am opposing this will never be conducted the same to support this conference report and rule and why I am opposing this bill is again. That is already a given. The to commend my colleagues on the because of the dairy policy provisions Byrd-McConnell language, though, Committee on Appropriations, the gen- contained within this bill. Blame can would guarantee that as we improve tleman from Wisconsin (Mr. OBEY) spe- be spread all over the place. The Presi- regulation in mountaintop removal, we cifically, and those in the administra- dent did not adequately protect his do not automatically result in job re- tion for their efforts. Bringing this own agency’s reform. The majority of moval. I wish this language had been package to the floor has not been easy. Congress swept against us. included. I want to applaud the patience and the The point is this: we are preserving a Mr. LINDER. Mr. Speaker, I am determination both sides showed in 62-year-old antiquated program that pleased to yield 2 minutes to the gen- reaching this agreement. I reluctantly pays a farmer more for the price of tleman from Minnesota (Mr. GUT- opposed the conference report for the milk he produces the farther away KNECHT). Interior appropriations bill earlier in from Eau Claire, Wisconsin, he lives. Mr. GUTKNECHT. Mr. Speaker, I the year because of numerous anti-en- This Congress, which is elected to de- thank the gentleman from Georgia for vironmental provisions that were at- fend the Constitution, freedom, this yielding me this time. tached by the other body. Thankfully Congress which contains most Mem- I reluctantly have to rise in opposi- we have removed or modified nearly all bers of Congress who proclaim to be in tion to this rule. I want to at least ex- of those riders and significantly im- favor of free market principles, are plain why. Early in the process we were proved the Interior bill. voting in this bill to destroy those very told that there was not going to be an Additionally, though, through our free market principles. What I say to omnibus bill. We now know that that is negotiations with the White House, we those Members of Congress from the not true. We were also told that very were able to increase funding levels for Northeast, from the South, you like controversial issues would not be in- some key programs that will better milking cows, I understand that, ‘‘Just cluded in the final bill. We know that protect our environment. In the last don’t milk our dairy farmers in the is not true, either. But part of the rea- few weeks, we negotiated millions of upper Midwest.’’ son I have to rise in opposition to this additional dollars for the President’s The problem with this bill is that rule is I remember several years ago land legacy initiative to protect sen- half of this dairy policy never came to when one of my favorite Presidents sitive or threatened lands in this coun- this body. It did come to the Senate stood right there and he held up a bill try. The administration and Congress and it was defeated. So why on earth that weighed about 45 pounds and he should be proud of the benefits this are we dealing with this legislation in dropped it on the desk right here with compromise means to our public lands. this big appropriations bill? This a big thud, and he said, Congress Funding was included in both the should be done through regular order. should not send bills like this to my of- Commerce Department as well as the It should not be done in this appropria- fice, and he said, and if they do, I will Interior Department to help my State tions bill. Worst of all, it pits one, two,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30659 three regions of dairy farmers against leading to unintended pregnancies and closed doors, the first significant step one region, the upper Midwest. We sim- abortions. It is simply beyond my to reform an antiquated, senseless ply want a chance to compete fairly on grasp how abortion opponents believe dairy policy will be blocked by lan- a level playing field in the upper Mid- that policies like this one help their guage contained in this bill. west, and we are being deprived of that cause. Just a couple of months ago, Mr. because of this legislation that is being This provision will not prevent a sin- Speaker, I had a meeting with some of tacked onto this bill like a giant, ugly gle abortion. It will only cause more the leaders in the Republican Party on ornament on a big Christmas tree. and more dangerous abortions to occur. the House floor, where they promised Mr. Speaker, I urge Members of this A woman in the Third World dies every me and other representatives that they body to vote against this bill. 3 minutes. Surely that is the harshest would not allow any anti-dairy reform Mr. FROST. Mr. Speaker, I yield 3 kind of birth control, and we will be legislation to be attached to one of the minutes to the gentlewoman from New prevented from telling them how to year-end spending bills. But we wake York (Ms. SLAUGHTER). prevent unintended pregnancy. up this morning and, lo and behold, Ms. SLAUGHTER. Mr. Speaker, I I am pleased that the bill makes there it is. Promises made, promises thank the gentleman for yielding me progress in restoring the unexpectedly broken. And you would think an ad- this time. There is so much to say and deep cuts made in Medicare reimburse- ministration whose own reform pro- so little time, but I would like to focus ment to hospitals, home care and other posals are under attack after three on two specific items of importance to facilities under the Balanced Budget years of exhaustive work would stand a the American people. Act. Although the relief provided itself little more firm and fight for it, but Mr. Speaker, I consider the health-re- is modest, it will make a major dif- that did not happen. lated provisions of this bill to be a ference in my district of Rochester, Now, it is never fun or pleasant to mixed bag. I am extremely pleased to New York, in enabling our health care hold up the business of the House with see that Congress is continuing its community to continue to provide delay tactics, and it is unfortunate we commitment to double the budget of world class care. have had to resort to that tactic today. the National Institutes of Health over 5 Mr. LINDER. Mr. Speaker, I am But I for one am willing to stay here years. This is the lifesaving research pleased to yield 2 minutes to the gen- until the cows come home, until we get which families fighting cancer and tleman from Wisconsin (Mr. GREEN). this budget right, right for the Amer- other dread diseases are depending on. Mr. GREEN of Wisconsin. Mr. Speak- ican people, and right for the family The bill increases the NIH budget by er, I thank my colleague for yielding farmers across the country. For those of you who believe in budg- another 15 percent, raising it from $15.6 me time. et integrity and fiscal discipline, there billion last year to $17.9 billion in fiscal Mr. Speaker, what I think is impor- are a number of reasons for voting year 2000. tant to note today as this House ap- pears poised apparently to vote for this against it. It is $35 billion over the b 1500 bill with the anti-dairy reform in it, is spending caps from the 1997 budget agreement. We are dipping into the So- But, unfortunately, the shell game it is important to point out why it was cial Security surplus by $17 billion to continues in order to pay for this added to this bill. spending. It was added to this bill because $18 billion according to our own Con- gressional Budget Office. We have done The bill delays the release of $4 bil- these anti-reform provisions could not absolutely nothing to extend the sol- lion of the NIH appropriations until pass Congress in the normal fashion. vency of Social Security and Medicare September 29, 2000. Twenty of our col- Extension of the compact and 1(a) have by one day in this budget. To top it all leagues wrote to the conferees urging not passed both Houses of Congress. off, we are milking family farmers them not to take this action, because Right now, there is a fight going on in across the country and consumers and medical research is not a faucet that the Senate that I think proves that taxpayers with this 11th hour, back- can be turned off and on. No disease point. Because they could not pass it in room deal that will prohibit reform of will wait for a clinical trial to get to the normal fashion, they had to add it a depression-era national dairy policy. the next round of funding. A colony of in the wee hours of this debate. That is bacteria is not going to hibernate until We can do a lot better. I think the unfortunate, but maybe it means that American people demand that we do a the researcher receives the promised there is hope for those of us who be- grant. Frankly, I am not too sure the lot better. lieve in free market reforms. Maybe it I would encourage my colleagues to researcher will stick around either. I shows to us, the fact that they have to vote no on this budget agreement. Let am deeply concerned about the impact try to get it done this way, maybe it us start over, let us get it right, and of this delayed appropriations on vital shows us that there are more people be- then let us go home. medical research. hind us than we realized. Mr. LINDER. Mr. Speaker, I am In addition, I am appalled that Con- I can only hope that in the future, if pleased to yield 2 minutes to the gen- gress and the administration have con- given a chance to proceed in the nor- tlewoman from Connecticut (Mrs. spired to imperil the health and wel- mal order, maybe, just maybe, we will JOHNSON). fare of women across the world by at- prevail, and maybe, just maybe, we will Mrs. JOHNSON of Connecticut. Mr. taching onerous conditions to inter- have true dairy reform. Speaker, I rise in strong support of the national family planning spending. Mr. FROST. Mr. Speaker, I yield 2 bill, and particularly want to call at- Under this bill, United States funds are minutes to the gentleman from Wis- tention to the Medicare ‘‘salvation’’ not only barred from going to groups consin (Mr. KIND). section. It is really a testament to the that perform abortions directly or indi- Mr. KIND. Mr. Speaker, I thank my vitality of our democracy. rectly, but also to any group that lob- friend for yielding me time. This Medicare salvation section is bies in any way regarding govern- Mr. Speaker, I rise today in opposi- the direct result of a lot of us getting mental policies on abortion. An organi- tion to the rule and to the final bill. out there, visiting our nursing homes, zation could even be barred from in- Where does a promise mean nothing talking to the people who run them forming a government how many anymore? Right here on the floor of and hearing from seniors who were women were being harmed by unsafe or the House of Representatives. Where is being denied critical care because of botched abortions, not just lobbying one of the last remaining vestiges of a mistakes made in past legislation or in for abortion rights. Soviet style, state-controlled economic administration policy. If the President uses his authority to industry? Right here in the blessed Let me tell you, democracy is not a waive this provision, international United States of America, with a de- spectator sport, and this bill reflects family planning funds are cut by 3 per- pression-era Federal milk marketing that truth. Members of the sub- cent. At that point, thousands of order policy. Unfortunately, because of committee were out there, other Mem- women will not receive birth control, a last minute deal brokered behind bers of Congress were out there, and

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30660 CONGRESSIONAL RECORD—HOUSE November 18, 1999 our chairman, the gentleman from Though I am certainly concerned form if we cannot stop spending the California (Mr. THOMAS), whose very about those who have a different view trust fund. bright mind and big heart wrote this from me, I am likewise concerned Somebody said the problem with the bill, also took the time to get out there about developing nations where women Social Security trust fund has been into the facilities and talk with the will be violated, intimidated, forget- there was no trust and there is no fund. seniors. That enabled us to build a very ting family planning because of this Well, this restores both of those con- precise effective package, providing re- legislation. cepts. lief to hospitals, home health care I can say that I am gratified that my The balanced budget adjusters do tre- agencies and nursing home facilities. office worked to increase the amount mendous things for home health care, And it is a very fine job we’ve done. of money for mental health services in for rural hospitals. This is a good bill, It helps all of our providers, but it does the Community Mental Health Pro- this is a good rule. I urge my col- not fundamentally step back on this gram, but I do say we are doing a trag- leagues to support both. Congress’ commitment to save Medi- ic injustice to have Members be respon- Mr. LINDER. Mr. Speaker, I am care in the long run, from financial cri- sible for voting for a bill whose paper- pleased to yield 3 minutes to the gen- sis, and to be there for our seniors with work has yet to come to the floor and tleman from Florida (Mr. FOLEY). Mr. FOLEY. I thank the gentleman quality health care. who has given us the responsibility of I just want to say that while the ad- from Georgia for yielding me time. reading this within the few hours that Mr. Speaker, for my colleagues who ministration was very helpful and has we have. really worked with us in many ways, it insist they do not know what is in this Mr. Speaker, this is a bad rule, this is bill, they have not been paying atten- is unfortunate that the process, be- a bad process, and I am sorely dis- cause it costs money, does not allow tion during regular order, because appointed that this is what we have within this bill are the multitude of them to make specific proposals to come to. We need to go back to work help us. We did all of this, and it was bills that have been discussed in com- and present to the American people the mittee, discussed on this floor, and now heavy lifting, just as Members, listen- kind of legislative initiative that will ing to seniors and care providers and rolled into one bill as we leave this be warranted of this country and this process. putting together an honest package Congress. that goes right to the heart of the The others that suggest somehow we Mr. LINDER. Mr. Speaker, I am are dipping into the Social Security problem and addresses it. pleased to yield 2 minutes to the gen- Members can take great pride in hav- trust fund, the only reason we are here tleman from Missouri (Mr. BLUNT) still is because the President keeps ing saved Medicare quality health care Mr. BLUNT. Mr. Speaker, I thank for our seniors. As we go home, we can asking for more money, more spending, the gentleman for yielding me time. more funds for programs that he needs. help our hospitals, nursing homes and Mr. Speaker, I rise in support of the health care agencies understand this Now, some have suggested somehow rule and support of the bill. First of all, we have been held hostage on inter- expansion of resources and provide the I want to say how much I appreciate care our seniors richly need and de- national family planning. The Presi- the work of the appropriators. The new dent of the United States agreed to serve. chairman, the gentleman from Florida Mr. FROST. Mr. Speaker, I yield 2 that provision in the bill. (Mr. YOUNG), has done a tremendous minutes to the gentlewoman from Now, let us talk about why some peo- job at a time when we are really laying Texas (Ms. JACKSON-LEE). ple will vote against the fine bill here Ms. JACKSON-LEE of Texas. Mr. out some new rules for appropriations, today. I challenge them to vote against Speaker, I thank the gentleman from and all the members of appropriations increasing funding to Medicare choice. Texas for yielding me time. on both sides of the aisle have worked Organ transplant patients will have an Mr. Speaker, this is what I have been hard to try to redefine this culture of extended coverage on anti-rejection trying to do in the last few minutes, is what we are trying to achieve: A bal- drugs. Vote no to that today. I urge to review what this House has brought anced budget, without spending Social you to today. to the American people and calling it a Security. Rehabilitation services, increasing budget, that has who knows what and We have heard a lot of debate about therapy caps, something we have heard does not address many of the concerns whose numbers may be right, whose complaint after complaint from our that the American people have asked predictions may be right. We really did citizens about, the need to increase them to address. not debate those things. Apparently physical therapy and rehabilitation. Just as an example, Mr. Speaker, this the Congress did not debate them for 40 Women’s health. Pap smear tests now is what part of the bill looks like, lines years, because we did not have a bal- and cervical cancer screenings. Go drawn through, scribbles being made, anced budget without spending Social ahead and vote against those fine ini- and no one knows what was in it and Security and nobody seemed to care. tiatives. I challenge you to do it. what is out of it. It is great that we are down now to Increased flexibility for rural hos- My concern, Mr. Speaker, as I said debating whose projection about in- pitals. Cancer hospitals, ensures that earlier, and this rule concerns me and come may be the closest to accurate cancer hospitals will not face any re- I rise to oppose the rule, is that what next September, because that is really duction due to new outpatient prospec- we have is a mishmash that includes a the projection date that counts. I am tive payment systems. number of addendums that have noth- convinced we are not going to spend for Changing the prospective payment ing to do with the appropriation proc- the second year in a row a penny of So- system for hospital outpatients. Nurs- ess. cial Security income. ing home skilled facilities will be, in The satellite issue is an important I like the way the committee put this fact, have increased patients. Home health care, reduce the sched- issue that I would argue that we need- package together. It is a big package, uled reduction and increase benefit ed to support. The State Department but it is a package of individual bills. caps for some citizens. authorization is likewise very impor- You can go to each of those bills and Hospice care. Matt Lauer and I and tant, and I have fought long and hard see exactly what was in them, and several others were with hospice this for Medicare help for our hospitals and what is in them are the items that week in Palm Beach County raising health providers and will continue to should be in them. This is not a pack- money for hospice. fight for that. But we do not have a Pa- age that people have put things in that tients’ Bill of Rights, we do not have should not be there or are not under- b 1515 the protection of seniors for prescrip- stood to be there. This bill includes an increase in hos- tion drugs, and we have two inserts on Social Security was not spent. That pice coverage. Tell your hospice friends the family planning issue typed up that gives us a chance to really look at the that you rejected this bill today be- deny family planning for women future of Social Security. We cannot cause, I do not know why, but in- around the world. really talk about Social Security re- creased funding for them.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30661 Teaching hospitals for New York and hicle.’’ That promise has now been vio- and more a matter of whose special interest other places who have been belly-ach- lated. I think that says more about the gets gored. ing about not enough money for teach- people who violated it than it says As of this writing, Mr. Grams and Wis- consin Democrat Herb Kohl were promising ing hospitals. Thanks to the gentleman about anybody else in this institution. to filibuster the Lott-Jeffords-Blunt cartel from California (Mr. THOMAS) and the I deeply regret it. plans. But the way these things usually go, Committee on Ways and Means, we I find it incredibly ironic that at a the dissenters get run over by the Members have increased money for teaching hos- time when people are cheering with stampeding to leave town to brag about all pitals. Durable equipment, increased great huzzahs over the World Trade Or- of the pork they just voted to deliver. Cow- senior access to durable equipment. ganization-China deal, when they are abunga, Trent. Rural health care. On and on goes the earnestly pushing for free trade inter- list. For my Floridians who say they nationally, they are supporting inter- [From the Washington Post, Nov. 17, 1999] are going to vote against the bill, they nal trade barriers to the free flow of GOP CHIEFS SOUR ON MILK REFORM—WHITE HOUSE, WISCONSIN’S KOHL BALK AT LOTT- are going to be voting against $142 mil- dairy products in the United States. HASTERT AGREEMENT lion for Everglades restoration. Go That is absurdly old-fashioned, and no (By Michael Grunwald) back and tell that to the Floridians self-respecting free marketeer should be supporting it. Three years after Congress ordered the Ag- who depend on the Everglades for riculture Department to revamp the nation’s water. I urge my colleagues to vote [From the Wall Street Journal, Nov. 18, 1999] convoluted system for setting milk prices, ‘‘no’’ and go home and explain that. LOTT HAS A COW Republican leaders agreed yesterday to send Indian programs. You name the list There are a million stories inside the Belt- a new message to the department: Never of things that are accomplished in this way, most of which the pols don’t want you mind. bill through the hard work of the com- to know. But we thought you might be Senate Majority Leader Trent Lott (R– mittee in order to make this a better amused by the one about Trent Lott, dairy Miss.) and House Speaker J. Dennis Hastert country. Money for national forests, queen. (R–Ill) settled on language undoing the de- As Public Works Chair . . . sorry, Senate partment’s modest market-oriented dairy re- bettering education, continuing our Majority Leader, Mr. Lott has already built forms and largely preserving the depression- commitment to block grants. On and himself a pork-barrel legacy for the Mis- era ‘‘Eau Claire system’’ that sets milk on goes the list of fine things in this sissippi ages. But who would have thought prices according to distance from Eau Claire, bill. his largess was big enough for all New Eng- Wis. They also agreed to a two-year exten- Those that live in rural farming land? There’s apparently nothing the guy sion of the controversial Northeast Dairy areas, please pay special attention, be- won’t do to re-elect a fellow ‘‘singing sen- Compact, a regional milk cartel that sets cause in this bill is a $178 million loan ator,’’ in this case the liberal James Jeffords prices even higher in New England. authorization for disaster relief, okay? of Vermont. But the last minute maneuvering faced Vermont has lots of dairy farmers, most of stiff opposition from the White House, which My colleagues can go home and face whom are much less efficient than those in warned that plans to attach the dairy provi- their farmers this weekend and explain the Upper Midwest. Worse yet, Congressional sions to a giant year-end spending bill could to them that they voted against this permission for a six-state price-fixing dairy jeopardize the entire budget deal. ‘‘It would very important provision, if they have cartel known as the Northeast Compact is create all sorts of obstacles,’’ said presi- experienced a drought. Anyone from about to expire. So Mr. Jeffords who is run- dential spokesman Jake Siewert, who noted North Carolina, anyone from Florida, I ning for a third term next November, got that Clinton had promised to veto other urge you to go home and tell your hold of Mr. Lott, who promised to jam an ex- spending bills including the milk language. farmers you had a chance to help them tension past an otherwise reluctant Senate. The upshot of the proposal—which lott Never mind that this milks consumers to pushed on behalf of Sen. James M. Jeffords today and you chose not to from a par- the tune of about 20 extra cents a gallon. (R–Vt.), who is up for reelection in 2000— tisan perspective. Juvenile account- (Milk consumed by the same ‘‘poor children’’ would be a bitter defeat for dairy farmers in ability. On and on goes the list. who liberals like Mr. Jeffords and Vermont the upper Midwest, a huge victory for dairy Mr. Speaker, I urge Members to sup- Democrat Pat Leahy are constantly invok- farmers in the Northeast, and a status-quo port the rule, support the bill. It is a ing to sell their new programs.) Never mind solution to a battle that could have resulted good bill. that the Senate voted down and extension in lower prices for consumers. Sen. Herb Mr. FROST. Mr. Speaker, I yield the earlier this year. Kohl (D–Wis.) yesterday vowed a last-ditch balance of my time to the gentleman And never mind that in the process of help- effort to hold up congressional business to ing Mr. Jeffords, Mr. Lott is sticking a shiv block the deal, and he could have assistance from Wisconsin (Mr. OBEY), the rank- in the back of another vulnerable GOP in- from the administration. ing member on the Committee on Ap- cumbent, Rod Grams of Minnesota. ‘‘I guess ‘‘This is a very big thing for us, and I’m propriations. Jeffords is in a tough race,’’ Mr. Grams told going to do whatever I need to do to try to The SPEAKER pro tempore (Mr. us ruefully. ‘‘But it can’t be tougher than make sure this doesn’t happen,’’ said Kohl, HANSEN). The gentleman from Wis- mine. And this is going to hurt me back in who noted that his state has 25,000 dairies, consin (Mr. OBEY) is recognized for 31⁄2 Minnesota, because it will hurt our farm- compared with 3,000 for all of New England. minutes. ers.’’ The byzantine Eau Claire system was de- Mr. OBEY. Mr. Speaker, let me sim- Mr. Lott likes to complain that he lacks a signed to ensure that every region of the real conservative majority. Yet Mr. Jeffords country maintained a local supply of fresh ply address two points, since other is a routine apostate, agreeing with Ted Ken- milk, at a time when it was not possible to Members have also addressed the dairy nedy on demand, while Mr. Grams is a reli- transport milk long distances in refrigerated issue. able conservative. It’s nice to know how trucks. The 1996 farm bill, touted as an effort I believe that in this House a hand- much Mr. Lott values ideological loyalty to introduce free-market principles to Amer- shake is as good as a contract, and I when he’s doling out backroom favors. ica’s farm economy, required the Clinton ad- believe that the day that one’s word Not that Mr. Lott deserves all of the cred- ministration to propose a replacement for ceases to be one’s bond is the day that it. He has help in the House, where Speaker the Eau Claire regime. And while it author- we lose something very precious in this Dennis Hastert has caved in to Missouri Rep. ized the Northeast Compact, it set its expira- Roy Blunt’s attempt to gut the free market tion date for this year. democratic institution. dairy reforms that Congress urged on a re- Now Congress appears set to change its I was told in August and again in luctant Clinton Administration as recently mind. September, and this was confirmed by as 1996. Mr. Blunt’s affront would add an- The Agriculture Department plan, which one of the two Members of the Repub- other 16 cents or so to a gallon of milk was supposed to go into effect last month be- lican leadership 3 days ago in a con- around the country. Mr. Lott wants to ram fore it was held up by a lawsuit in Vermont, versation with me, I was told that if I this into the end-of-session budget bill too. would have smoothed out the formulas that would cooperate procedurally on appro- Beyond the muscle politics, all of this is favor farmers farther away from Eau Claire. priation bills with the majority, they one more embarrassing sign that Repub- Consumer advocates estimated that it would licans seem to have kicked over the reform have cut milk prices by at least 2 cents a would assure me that no extraneous stool. They’re mainly into incumbent protec- gallon nationally, saving consumers $185 mil- dairy provision would be attached to tion now. Messrs. Blunt and Lott are sup- lion to $1 billion a year and saving taxpayers any appropriation vehicle. The three posed to be GOP leaders. But the difference $42 million to $149 million on food programs. key words were ‘‘any appropriation ve- between them and Dick Gephardt is more But the House passed a bill last month to

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30662 CONGRESSIONAL RECORD—HOUSE November 18, 1999 suspend the new plan, and congressional gally counts spending against last The SPEAKER pro tempore. All time leaders have agreed to include a version of year, even though it is available for of the minority has expired. that bill in the overall budget agreement. this year, and that comes in at $2.4 bil- The gentleman from Georgia (Mr. And yesterday’s deal will extend the com- lion. Then we have other gimmicks LINDER) has 30 seconds remaining. pact until February 2001. Kohl complained that maintaining the sta- worth $9.9 billion. This from the new AMENDMENT OFFERED BY MR. LINDER tus quo would mean maintaining an unfair centurions who came in this place 5 Mr. LINDER. Mr. Speaker, I offer an playing field, providing government protec- years ago promising that under the Re- amendment to the resolution. tion to help inefficient dairies compete with publican Party, things were going to be The Clerk read as follows: midwestern farmers. John Czwartacki, a different. They are different. They have Amendment offered by Mr. LINDER: spokesman for Lott, cautioned that no deal gotten worse. At the end of the first section of the reso- is final until the budget agreement is com- lution add the following: plete, but he suggested that midwestern sen- So it seems to me, as I said earlier, The conference report shall be debatable ators such as Kohl and Rod Grams (R–Minn.), this would be laughable if it was not so for one hour equally divided and controlled who also is up for reelection, will be unable corrosive of the public’s ability to be- by the chairman and ranking minority mem- to stop it. lieve what we are doing. ber of the Committee on Appropriations. The ‘‘It’s all done but the fireworks,’’ previous question shall be considered as or- Czwartacki said. ‘‘I’m sure people will voice LIST OF GIMMICKS IN APPROPRIATIONS BILLS dered on the conference report to final adop- their unhappiness in tried and true ways. [in millions of dollars] tion without intervening motion except one But on this issue, you can’t make everyone motion to recommit. happy.’’ BA O Not even the regional alliance of compact Mr. LINDER. Mr. Speaker, at this supporters—who include likely New York Spending Not Counted By Congress time I urge my colleagues to support Senate candidate Hillary Rodham Clinton, Directed CBO to reduce their spending estimates, the rule and the amendment to the but not her husband—got everything it want- but actually spends Social Security: AG—Directed outlay scoring (1.14% of BA) ...... ¥163 rule, and I move the previous question ed. It did not get a permanent extension of CJ—Directed outlay scoring (1.14% of BA) ...... ¥336 on the amendment and on the resolu- the Northeast Compact. And the agreement DOD—Directed outlay scoring ...... ¥10,500 tion. did not create a Southern Compact. Still, E & W—Directed outlay scoring (1.14% of BA) ...... ¥103 PARLIAMENTARY INQUIRY Kohl vowed yesterday to protest the deal by FO—Directed outlay scoring (1.14% of BA) ...... ¥144 filibustering anything that hits the floor. INT—Directed outlay scoring (1.14% of BA) ...... ¥170 Mr. OBEY. Mr. Speaker, I have a par- And Grams warned that he might force the L–HHS—Directed outlay scoring (1.14% of liamentary inquiry. BA) ...... ¥970 Senate clerk to read the entire budget bill Directed outlay scoring (highway and transit The SPEAKER pro tempore. The gen- aloud, which could take days. firewalls) ...... ¥1,341 tleman from Wisconsin will state it. ‘‘We have the government picking winners TRANS—Directed outlay scoring (1.14% of BA) ...... ¥143 Mr. OBEY. Mr. Speaker, I am trying and losers, and that’s wrong,’’ Grams said. TPO—Directed outlay scoring (1.14% of BA) ...... ¥151 to understand what the import of the ‘‘It’s the whole country ganging up on the VA HUD—Directed outlay scoring (1.14% of previous motion was. I understand that Midwest.’’ BA) ...... ¥820 ¥ ¥ The Agriculture Department proposals, DOD—Spectrum asset sales ...... 2,600 2,600 this is the method which will gag us while somewhat more market-oriented that Subtotal ...... ¥2,600 ¥17,441 and prevent any further motions being the current system, would have maintained offered in protest to the rule that is the government’s guarantee of a minimum Declaration of emergencies for normal program brought before us. That is the effect of spending: milk price in all regions. But according to Declare Year 2000 Census an emergency ...... ¥4,476 ¥4,118 the gentleman’s motion. It is, in fact, a Christopher Galen, spokesman for the Na- Defense emergency designations ...... ¥7,200 ¥5,500 new gag order, which will prevent us tional Milk Producers Federation, they Declare part of Head Start an emergency ...... ¥1,700 ¥629 ¥ ¥ from doing anything except obediently would have cost dairy farmers across the LIHEAP emergency declaration ...... 1,100 825 Refugees emergency declaration ...... ¥427 ¥126 moving toward passage of the bill. I am country about $200 million a year, at a time Forest Service Wildland Fire Management ...... ¥90 ¥3 when prices have dropped precipitously after Public health emergency declaration ...... ¥584 ¥310 not going to contest it, but I think peo- ple need to know what it is. It is an- several good years. Subtotal ...... ¥15,577 ¥11,511 ‘‘We know people are upset in the Midwest, other symptom of how this House is but we think this deal would create a rising run. tide that will lift almost all dairy farmers,’’ FY 2000 Spending Counted Against 1999 or 2001 Legally delay spending until the final days of the The SPEAKER pro tempore. That is said Galen, whose organization took no posi- fiscal year so it is counted next year: not a parliamentary inquiry. The gen- tion on the compacts. DOD—Delay contractor payments ...... 0 ¥1,250 Labor HHS—Delayed Obligations $5.0 B in tleman from Georgia managing the I also want to note that this bill is BA delayed until 9/29/00 ...... ¥1,674 rule is offering an amendment to the replete with gimmicks. This bill walks VA medical care delay obligation of $900 M ...... ¥720 FO—Delayed obligations ...... ¥104 rule. away from the majority party commit- CJS—Delayed availability of balances in Without objection, the previous ques- ment to stick to the budget caps; it Crime Victims Fund until after FY 2000 .... ¥485 ¥485 Rescind section 8 housing funds ...... ¥1,300 0 tion is ordered on the amendment and walks away from their ‘‘let-us-pre- on the resolution. tend’’ argument that they are saving Subtotal, delayed obligations ...... ¥1,785 ¥4,233 There was no objection. Social Security; it hides $45 billion in Legally count spending against last fiscal year The SPEAKER pro tempore. The budgetary sleight of hand. even though it is available for FY 2000: question is on the amendment offered We have in this bill, first of all, in DOD—Advance Appropriations ...... ¥1,800 ¥1,800 Legally count spending against next fiscal year by the gentleman from Georgia (Mr. spending that is not counted by Con- even though it is available for FY 2000: LINDER). gress, $17 billion, $17 billion. We then DOE—Elk Hills School Lands Fund ...... ¥36 ¥36 L–HHS—Increased advance funding for FY The amendment was agreed to. have in so-called emergency spending, 2001 (total FY 2001 advances are $19 bil- The SPEAKER pro tempore. The which is another way of avoiding the lion) ...... ¥10,100 ¥532 HUD—section 8 advance appropriation for FY question is on the resolution, as spending caps, we have over $11 billion 2001 (37% of program total) ...... ¥4,200 0 amended. in outlays; again, spending that is hid- Subtotal ...... ¥16,136 ¥2,368 The question was taken; and the den in terms of whether or not it is Speaker pro tempore announced that going to be counted against the so- Miscellaneous Special Accounting Gimmicks the ayes appeared to have it. called budget limits that my Repub- Across the Board cut 0.38% ...... ¥2,143 ¥1,206 Mr. OBEY. Mr. Speaker, I object to lican colleagues promised to live by in Capture Federal Reserve Surplus ...... ¥3,752 ¥3,752 the vote on the ground that a quorum New Hires Data Base for student loan collection their own budget resolution. (incl directed scoring) ...... ¥878 ¥876 is not present and make the point of Then we have what is called ‘‘delayed Slip military and civilian pay by one day ...... ¥3,589 order that a quorum is not present. Labor HHS—HEATH loan recapture ...... ¥27 outlays.’’ What this really means is United Mine Workers Combined Benefit Fund ...... ¥68 ¥39 The SPEAKER pro tempore. Evi- that we legally delay spending until L–HHS—Title XX, social services block grant, cut dently a quorum is not present. below mandatory level ...... ¥608 ¥430 the final days of the fiscal year, so it is TRANS—Mandatory offsets (rescission of FAA con- The Sergeant at Arms will notify ab- not counted this year, but it is still tract authority) ...... ¥30 ¥10 sent Members. spent. That accounts for $4.2 billion. Subtotal ...... ¥7,479 ¥9,929 The vote was taken by electronic de- Then we have what is called ‘‘advance vice, and there were—yeas 226, nays appropriations,’’ spending that ille- Grand total ...... ¥43,577 ¥45,482 204, not voting 4, as follows:

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30663 [Roll No. 608] Deutsch Kind (WI) Rahall MESSAGE FROM THE PRESIDENT Dickey Kleczka Ramstad YEAS—226 Dingell Kucinich Rangel A message in writing from the Presi- Dixon LaFalce Abercrombie Gillmor Pease Reyes dent of the United States was commu- Doggett Lampson Aderholt Gilman Peterson (PA) Rivers nicated to the House by Mr. Sherman Dooley Lantos Archer Goodlatte Phelps Rodriguez Doyle Larson Williams, one of his secretaries. Armey Goodling Pickering Roemer Edwards Lee Bachus Goss Pickett Rothman f Engel Baker Graham Levin Roybal-Allard Pitts Eshoo Ballenger Granger Lewis (GA) Rush b 1545 Pombo Etheridge Barr Greenwood Lipinski Ryan (WI) Porter Evans CONFERENCE REPORT ON H.R. 3194, Barrett (NE) Hansen Lofgren Sabo Portman Farr Bartlett Hastings (WA) Lowey Sanchez CONSOLIDATED APPROPRIA- Pryce (OH) Fattah Barton Hayes Lucas (KY) Sanders TIONS AND DISTRICT OF COLUM- Quinn Filner Bass Hayworth Luther Sandlin Radanovich Fletcher Maloney (CT) BIA APPROPRIATIONS ACT, 2000 Bateman Hefley Sawyer Regula Forbes Maloney (NY) Bereuter Herger Schakowsky Mr. YOUNG of Florida. Mr. Speaker, Reynolds Ford Manzullo Biggert Hill (MT) Scott Riley Frank (MA) Markey pursuant to House Resolution 386, I call Bilbray Hilleary Sensenbrenner Rogan Frost Martinez up the conference report on the bill Bilirakis Hobson Serrano Rogers Gejdenson Mascara Blagojevich Hoekstra Sherman (H.R. 3194) making appropriations for Rohrabacher Gephardt Matsui Bliley Horn Shows the government of the District of Co- Ros-Lehtinen Gonzalez McCarthy (MO) Blunt Houghton Slaughter Roukema Goode lumbia and other activities chargeable Boehlert Hulshof McCarthy (NY) Gordon Smith (WA) Boehner Hunter Royce McDermott in whole or in part against revenues of Green (TX) Snyder Bonilla Hutchinson Ryun (KS) McGovern said District for the fiscal year ending Green (WI) Spratt Bono Hyde Salmon McIntyre Gutierrez Stabenow September 30, 2000, and for other pur- Boucher Isakson Sanford McNulty Gutknecht Stark poses, and ask for its immediate con- Brown (FL) Istook Saxton Meehan Hall (OH) Stenholm Bryant Jenkins Scarborough Meeks (NY) sideration. Hall (TX) Strickland Burr Johnson (CT) Schaffer Menendez The Clerk read the title of the bill. Hastings (FL) Stupak Burton Johnson, Sam Sessions Millender- The SPEAKER pro tempore (Mr. Hill (IN) Tanner Buyer Jones (NC) Shadegg McDonald Hilliard Tauscher HANSEN). Pursuant to the rule, the con- Callahan Kasich Shaw Miller, George Hinchey Taylor (MS) Calvert Kelly Shays Minge ference report is considered as having Hinojosa Thompson (CA) Camp King (NY) Sherwood Mink been read. Hoeffel Thompson (MS) Campbell Kingston Shimkus Moakley (For conference report and state- Holden Thurman Canady Klink Shuster Mollohan Holt Tierney ment, see proceedings of the House of Cannon Knollenberg Simpson Moore Hooley Moran (VA) Towns Castle Kolbe Sisisky November 17, 1999, Part II.) Hostettler Nadler Turner Chabot Kuykendall Skeen The SPEAKER pro tempore. The gen- Hoyer Napolitano Udall (CO) Chambliss LaHood Skelton Inslee Nussle Udall (NM) tleman from Florida (Mr. YOUNG) and Chenoweth-Hage Largent Smith (MI) Jackson (IL) Oberstar Velazquez the gentleman from Wisconsin (Mr. Coble Latham Smith (NJ) Jackson-Lee Vento Collins LaTourette Obey OBEY) each will control 30 minutes. Smith (TX) (TX) Visclosky Combest Lazio Olver The Chair recognizes the gentleman Souder Jefferson Waters Cook Leach Owens Spence John Watt (NC) from Florida (Mr. YOUNG). Cooksey Lewis (CA) Pallone Stearns Johnson, E. B. Waxman GENERAL LEAVE Cox Lewis (KY) Pascrell Stump Jones (OH) Weiner Cramer Linder Payne Mr. YOUNG of Florida. Mr. Speaker, Sununu Kanjorski Weygand Crane LoBiondo Pelosi Sweeney Kaptur Wise I ask unanimous consent that all Mem- Cubin Lucas (OK) Peterson (MN) Talent Kennedy Woolsey bers may have 5 legislative days within Cunningham McCollum Petri Tancredo Kildee Wu Davis (VA) McCrery Pomeroy which to revise and extend their re- Tauzin Kilpatrick Wynn Deal McHugh Price (NC) Taylor (NC) marks on the conference report to ac- DeLay McInnis Terry NOT VOTING—4 company H.R. 3194, and that I may in- DeMint McIntosh Thomas Diaz-Balart McKeon Brady (TX) Conyers clude tabular and extraneous material. Thornberry Dicks McKinney Capps Wexler The SPEAKER pro tempore. Is there Thune Doolittle Meek (FL) objection to the request of the gen- Dreier Metcalf Tiahrt Toomey b 1543 tleman from Florida? Duncan Mica There was no objection. Dunn Miller (FL) Traficant Messrs. BONIOR, DICKEY, MATSUI, Upton Mr. YOUNG of Florida. Mr. Speaker, Ehlers Miller, Gary FLETCHER, BALDACCI, HINCHEY, Ehrlich Moran (KS) Vitter I yield myself such time as I may con- WEYGAND, Ms. MALONEY of New Emerson Morella Walden sume. Walsh English Murtha York and Mrs. MCCARTHY of New Mr. Speaker, we are coming to the Everett Myrick Wamp York changed their vote from ‘‘yea’’ to Watkins successful conclusion of a long road to- Ewing Neal ‘‘nay.’’ Foley Nethercutt Watts (OK) ward completion of our fiscal respon- Fossella Ney Weldon (FL) Mr. DAVIS of Virginia changed his sibilities. I thank my friend and col- Fowler Northup Weldon (PA) vote from ‘‘nay’’ to ‘‘yea.’’ league from Wisconsin (Mr. OBEY) for Franks (NJ) Norwood Weller So the resolution, as amended, was Frelinghuysen Ortiz Whitfield calling for order in the House. I want Gallegly Ose Wicker agreed to. to say ‘‘thank you’’ to him for the Ganske Oxley Wilson The result of the vote was announced many, many long hours and long days Gekas Packard Wolf as above recorded. we have spent together during this Gibbons Pastor Young (AK) A motion to reconsider was laid on Gilchrest Paul Young (FL) process as the House concluded its the table. work on 13 separate appropriations NAYS—204 bills. Ackerman Bishop Clyburn f Mr. Speaker, the bills that are in- Allen Blumenauer Coburn cluded in this conference report today, Andrews Bonior Condit REMOVAL OF NAME OF MEMBER all of these bills, have gone before the Baca Borski Costello AS COSPONSOR OF H.R. 1598 Baird Boswell Coyne House in one form or another. They Baldacci Boyd Crowley Mr. COOK. Mr. Speaker, I ask unani- have also gone before the House as part Baldwin Brady (PA) Cummings Barcia Brown (OH) Danner mous consent that my name be re- of a conference report. Most of those Barrett (WI) Capuano Davis (FL) moved as a cosponsor of H.R. 1598. bills have not even been changed to Becerra Cardin Davis (IL) The SPEAKER pro tempore (Mr. any great extent from their previous Bentsen Carson DeFazio HANSEN). Is there objection to the re- forms. Berkley Clay DeGette Berman Clayton Delahunt quest of the gentleman from Utah? The District of Columbia bill, which Berry Clement DeLauro There was no objection. is the main vehicle for this conference

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.000 H18NO9 30664 CONGRESSIONAL RECORD—HOUSE November 18, 1999 report, has only one minor change that bill number. But the fact is that the who was not involved in the day-to-day was acceptable to all parties involved. administration, the President’s team, activities relative to these bills. The bill on Foreign Operations is basi- was here until nearly 3 o’clock this So, this is a real product of the Com- cally the same as passed the House, ex- morning reading all of those pages, and mittee on Appropriations and the ap- cept for a minor change that was they did read them all and gave us a propriations process. I can give at least agreed to by all the parties. As for the sign-off to go ahead and file the bill. other three bills remaining, the gen- Not that we needed that, but it was a 237 reasons to vote against this bill. But also I could give hundreds of rea- tleman from Ohio (Mr. REGULA), the courtesy that we extended to the ad- distinguished chairman of the Sub- ministration. sons why this is a good bill. Through- committee on Interior Appropriations, Mr. Speaker, of course, the staff rep- out the debate we will do that, Mr. will make some comments on that as resentatives of the majority leadership Speaker. I hope that we can get a good we go through the debate. and the minority leadership had access bipartisan vote for a good bipartisan The chairman of the Subcommittee not only to this process last night and bill that is even agreed to by the ad- on Labor, Health and Human Services, early this morning, but there has been ministration. and Education Appropriations, the gen- ample opportunity for those who want- Mr. Speaker, I would ask that all of tleman from Illinois (Mr. PORTER), will ed to read the agreement and spend the our colleagues on our side of the aisle have some comments on that portion hours late last night and early this show the gentleman from Wisconsin of the bill. And the chairman of the morning to do so. They had that oppor- (Mr. OBEY) the courtesy of listening to Subcommittee on Commerce, Justice, tunity. what he has to say. There are some State and Judiciary Appropriations, We have spent a considerable amount very strong differences here, and I the gentleman from Kentucky (Mr. of time, long days and long nights, in would hope that the House would re- negotiation with the representatives of ROGERS), will have some comments on main in order so that we could all hear the President. The gentleman from that bill. what each of our speakers has to say. During the various discussions that Wisconsin (Mr. OBEY) and I have spent have led up to the point where we are a lot of time together in that room Mr. Speaker, at this point in the about to conclude consideration of our where we did the negotiating. But it is RECORD I would like to insert tables appropriations responsibilities, one of important to note, Members ought to showing the details of the District of the complaints has been the size of the know this, the negotiations were basi- Columbia Appropriations, Foreign Op- bill. And it is true that a number of cally managed by the leadership of the eration, Export Financing, and Related nonappropriations issues have been subcommittees involved. This was not Programs Appropriations, and Mis- added by virtue of reference to their done at some high level with someone cellaneous Appropriations.

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Mr. Speaker, I reserve the balance of ditional 50,000 officers over and above YOUNG) for yielding me this time. Let my time. the 100,000 that have already been hired me just say, Mr. Speaker, I believe this Mr. OBEY. Mr. Speaker, I yield 5 to continue our progress in making our is a very, very proud moment for this minutes to the distinguished gen- neighborhoods safe. body. To think that we could in just tleman from Missouri (Mr. GEPHARDT), Mr. Speaker, we achieved a big win these few short years move ourselves the honorable minority leader. for the environment by stripping out from where we had been in 1994, per- Mr. GEPHARDT. Mr. Speaker, I want the most extreme Republican anti-en- petual debt as much as $250 billion a to thank the Members of the Com- vironmental provisions that were year for as long as anybody could see mittee on Appropriations on both sides sneaked into the back door of this to the point where with this budget of the aisle for tremendous long hours budget. deal we will consummate and finalize and hard work. I want to thank all of But for all we have accomplished in forever an end to the raid on Social Se- the Members of the President’s staff this bill, this Congress has this year curity. for the work that they did in trying to failed the American people. Despite the Beginning in 1998, fiscal year 1999, bring this to a successful conclusion. progress we made in the last several and now with this budget agreement in Mr. Speaker, this has been an imper- weeks on behalf of these priorities, we fiscal year 2000, we will have retired a fect process, and this is an imperfect have not done enough on the agenda of third of a trillion dollars’ worth of debt bill. But on balance, it has more to rec- the American people. And instead of for the American people. We will have ommend it than not, and I will support doing the people’s business, we squan- stopped the raid on Social Security for- its final passage. Procedurally, this bill dered at least 2 months debating a ever. We will have enforced this with repeats many of the same mistakes failed trillion dollar tax cut for the an across-the-board spending reduction that were made last fall by the leader- wealthy and special interests. that acknowledges truly it is time now ship. Despite the promises of the Despite the chest beating, the button to be disciplined to eliminate waste, Speaker last January, once again we wearing and the commercial airing of inefficiency, fraud in the use of the have a bill that was not done on time the Republicans, this Congress failed to taxpayers’ dollars. A new commitment and was not done in regular order. We extend the life of Social Security by 1 of good government in government. have an omnibus bill that reflects a day. We have done nothing to provide a b 1600 ‘‘kitchen sink’’ approach to governing prescription drug benefit for seniors to and, once again, Members did not have modernize Medicare to meet their cur- Then when we start looking at the adequate time to read the bill to under- rent needs. We failed to enact key bi- details, some of the things we did in stand all of its provisions. partisan reform efforts, the Patients’ education to bring a real opportunity On the substance of the bill, I am dis- Bill of Rights, and the Shays-Meehan for the schools that serve the children appointed over the family planning campaign reform bill into law. better, and for those children in the provision that was contained and at- We dropped the ball, and we lost a most desperate of economic cir- tached to the U.N. funding. I do not real opportunity to modernize our cumstances in their families who find think it is the right thing to do. And I health care system once and for all. themselves with the most desperate of am upset that we failed to include a And we did not help low-income fami- situations in their schools, to actually hate crimes provision in this bill, and I lies get a step up into the middle-class have the opportunity now in this bill think we had a chance to do that. with a minimum wage increase. We did for public school choice is a wonderful But on balance, this budget is an not strike a blow against violence in new break, through reinforcing the overall victory for our priorities. The our schools and our playgrounds by consistent pattern of this year of pro- President and Democrats in Congress passing common sense gun safety legis- viding respect for local communities as hung together in support of an agree- lation. they manage their schools, providing ment that has made a real commit- Our work, in short, is not finished. In greater opportunity to use the re- ment to the priorities that we feel are many ways, it has not even yet begun. sources provided through the Federal critical to the continued health and We intend to be back here in January Government for better management, well-being of America’s families. Once ready and prepared to fight for the pri- better performance on the school on again, as we did lasted fall in our nego- orities and the agenda of the American behalf of the children. It is just an- tiations with Speaker Gingrich, we people. And I simply say to our friends other good example of the good work snatched a modest victory out of a mis- on the other side of the aisle, we have we have done. guided Republican budget process that achieved a certain level of agreement So I say to our colleagues, we saw cared more about providing a tax cut here today on some important prior- the opportunity that was presented to for the wealthy and corporate special ities. I am glad for that, and I thank us to stop the raid and to write good interests than about doing the right them for their help in bringing that policy on education and defense and thing for average Americans. about. any number of ways. We seized the op- We achieved a big win for our efforts Mr. Speaker, in that same spirit of portunity, and we saw it through, and to educate our children for the chal- can-do, I say to our friends in the Re- today is the day. lenges of the next century. This bill publican Party today: let us continue Let us vote it through, and let us go contains funding for 100,000 new, quali- to work together next year. Let us get home and enjoy the results with our fied teachers to reduce class size and a Patients’ Bill of Rights that really schools, our communities, our families, increase discipline and accountability gets the job done. Let us get campaign and our constituents. in America’s classrooms. I am very reform. Let us get something done on I say to everyone congratulations, happy that that priority has been rec- gun safety. Let us pass a minimum and I thank all of my colleagues for ognized in this budget. wage increase. Let us get Medicare re- their long, hard work. I know we are It makes a strong commitment to form. Let us extend the solvency of So- all tired at this time of the year, but after-school programs to keep kids off cial Security. Let us get a prescription we all should have such a sense of the street and in safe and productive drug benefit for our senior citizens. If gratification. We did the right thing, environments until they go home. And we could do this, we can do that, and and we did it well. it advances us substantially on our the American people would be very Mr. OBEY. Mr. Speaker, I yield 4 goal towards getting 1 million children happy for it. minutes to the gentleman from Michi- included in Head Start finally in this Mr. YOUNG of Florida. Mr. Speaker, gan (Mr. BONIOR), the distinguished mi- country, and I am very happy that that I yield 2 minutes to the distinguished nority whip. priority has been advanced. gentleman from Texas (Mr. ARMEY), Mr. BONIOR. Mr. Speaker, I share We achieved a big win in the effort to the majority leader. the views of the gentleman from Mis- fight crime. This budget will allow Mr. ARMEY. Mr. Speaker, I thank souri (Mr. GEPHARDT), my leader, with local police departments to hire an ad- the gentleman from Florida (Mr. respect to the process in which we have

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.001 H18NO9 30674 CONGRESSIONAL RECORD—HOUSE November 18, 1999 been engaged. Seven weeks late on a teacher initiative, this builds on our time in my 15-year career that we put budget, and of course this budget is past successes. 13 appropriations bills on the desk of minus many important issues that he Because of Federal funding, 85 extra the President. He signed eight of them enumerated: Nothing for Social Secu- officers patrol in my district today. and vetoed five because there was not rity solvency, nothing on Medicare re- That makes people safer in their homes enough spending to suit him. form, nothing on prescription drugs, and their businesses, and serves as a We negotiated each bill individually. nothing on Patients’ Bill of Rights, strong deterrent to would-be criminals. This is not an omnibus bill. Each bill nothing on the minimum wage. It also makes our students strong in was negotiated individually, and each We, indeed, have not done the peo- their places of education. authorizing bill that is in this package ple’s work, and we have squandered a So, Mr. Speaker, let me just conclude has been voted on by this House. good deal of our time debating a tax by saying that I am very pleased that We have rebuilt our military after bill that did not meet the approval of we Democrats were able to strip some years of neglect. We took significant the American public. of these environmental riders from the power over education away from the But the bill that we have before us bill, protecting the environment, pro- Federal Government, returned it to the today does have some good features in tecting the budget process itself. We States. We tried to cut waste by just it. It is with that in mind that I rise in have done good things for education. suggesting a 1 percent across-the-board support of it. It is a victory, first of all, We have done good things to protect cut. Incredibly, the Democrats main- for our children because it provides our communities in terms of its safety tain that a measly 1 percent of waste funding to hire and train 100,000 new with the addition of the police officers. could not be found in the Federal Gov- teachers and dramatically expand the We have done the responsible thing to ernment. Well, even the President after-school program. move peace forward in foreign lands. eventually agreed with us. Now we It is a budget victory, in a sense, for So for these reasons, for our children, have an across-the-board spending cut. public safety because it provides fund- for our communities, for our environ- We have stopped the raid on Social ing to hire and train 50,000 police offi- ment, for our international responsibil- Security. We have balanced the budget cers to patrol our streets and neighbor- ities and obligations, I am voting yes for the second time in 50 years without hoods and keep our children safe in on this budget. raising a dime of taxes to do it. We are Mr. YOUNG of Florida. Mr. Speaker, school. paying down the debt, $99 billion last I yield 3 minutes to the distinguished Third, this budget is a victory for the year. We will, next year, pay $130 bil- gentleman from Texas (Mr. DELAY), environment because it increases fund- lion down on our children’s debt. the majority whip. ing to protect our clean water, to pre- Mr. Speaker, this bill is the last step Mr. DELAY. Mr. Speaker, I want to serve community parks and forests and congratulate the gentleman from Flor- in a very successful budget season. We historic sites through the Lands Leg- have worked hard to balance the budg- ida (Mr. YOUNG), the chairman of the acy Program, and to fight the conges- Committee on Appropriations, on an et and pay down the debt without rais- tion and pollution that threaten our outstanding performance in bringing ing taxes or raiding Social Security. quality of life of our constituents. this bill to the floor and finalizing the The hard work has paid off. Vote for The fourth issue that I would men- budget process. This chairman of the this bill. tion here this afternoon is in the for- Committee on Appropriations and the Mr. OBEY. Mr. Speaker, I yield 2 eign policy area. This provides the re- chairmen of the subcommittees have minutes to the distinguished gen- sources to move the Mideast peace done an outstanding job. tleman from Mississippi (Mr. TAYLOR). process forward, providing resources I rise in support of this bill, but more Mr. TAYLOR of Mississippi. Mr. for the Israelis, the Palestinians, and importantly, I rise to set the record Speaker, I would like to encourage my the Jordanians. I think that moves on straight. The Republican majority in colleagues to vote against this. It is successes that we have had in the past. Congress has redefined the way that not necessarily that it is an entirely This year, Federal funding allows budgets are crafted. In so doing, we bad bill. But a year ago right now, all schools in my congressional district have set the Nation down the path to of us went around our respective dis- Macomb and St. Clair Counties in fiscal responsibility. tricts and asked for the opportunity to Michigan to hire 60 new teachers. What When I ran for office the first time, I spend the people’s money wisely. that has done is it has translated into ran because I found a situation where The problem that I have with this smaller classes, greater discipline, we were running up the debt on my bill is that, for the next 3 weeks, The more learning, higher academic per- children and my grandchildren and no Washington Post, the Washington formance. This is an investment in our one wanting to pay down the debt; that Times, the New York Times are going future, and it is an investment that we had budgets that ran deficits as far to be running a series of articles every will pay dividends in years to come. as the eye could see and no one trying day of what was in this bill, and one is This year’s budget also provides to balance the budget; that we had a not going to know it was there. But funding to enable 675,000 students to situation where we raised surpluses in one is going to have to tell one’s con- participate in the after-school program the Social Security Trust Fund so that stituents, well, gosh, I did not know where they can mentor with seniors we could spend the money on big gov- that money for a fleet buyout in Alas- and other adults working in athletic ernment programs. ka was there or for a wood lot in North and crafts and the computer rooms and I ran for office and never really Carolina was there or for all the other the libraries and all the things that are thought that I would be standing be- silly things. necessary to keep them safe in a safe fore my colleagues today very, very I encourage my Republican col- environment after school, to help them proud of the work of this House over leagues to vote against it because mentor in a way in which they can the last 5 years. At this time, it is im- many of them ran against Goals 2000. learn the respect of their elders and portant for everyone to reflect on how Yet, there is $491 million for Goals 2000 work with their elders and learn the far we have come. in here. Many of them said they were skills of those who have gone before When Republicans took control 5 against the Department of Commerce. them. years ago, we pledged that we would Well, it has got a $3.6 billion increase, Programs like the Kids Klub in change the scope of government; and but they call it emergency because it Macomb and St. Clair Counties will di- we are delivering on that promise, has got money for the census that ap- rectly benefit from this budget and will going down the line of issues that are parently no one knew was coming even help young people set off on the right important in this country. The fact is though the Constitution says we are foot. unavoidable that this Congress has going to do it every 10 years. This budget will also help keep our been an overwhelming success. But more than everything else, I families safe through the hiring of Even when people would like to re- think my colleagues are playing a shell 50,000 new police officers. As with the write recent history, this is the first game with the men and women of the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.001 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30675 United States military. Everyone was our commitment to the American peo- Mrs. CHENOWETH-HAGE. Mr. real proud a couple weeks ago when ple in protecting the environment, in Speaker, it is clear that there is no ap- they said we increased the defense providing for our national parks, for- propriations, nor authorization, but on budget. Well, today, my colleagues are ests, wildlife refuges, and public lands, their insistence on spending money on cutting it back by $1 billion, $1 billion. as well as our cultural resources. this unauthorized and unappropriated To make matters worse, those troops As the gentleman from Michigan (Mr. initiative, how have you instructed the who are already underpaid, who got a BONIOR) said, this bill is a victory for Forest Service managers in this? minuscule pay raise just a few weeks the environment. It is a bill that will provide pride in America’s heritage, ago, my colleagues are now telling b 1615 them we are going to delay the time not only now, but far into the future. I they are paid. Now, for a Congressman, think it is something we all could take Mr. REGULA. There is no such au- we make pretty good money. Getting pride in. thorization or appropriation, Mr. paid a day or two later really should I urge each of my colleagues to sup- Speaker. The statement of the man- not affect us. But when one is an E–1, port the bill. agers provides a limitation on spending E–5, O–1, O–2, and one is just barely Mr. Speaker, I yield to the gentle- for the Forest Service for purposes re- getting by, to move payday back, in woman from Idaho (Mrs. CHENOWETH- lated to designated American Heritage many instances, is the difference be- HAGE) for a colloquy. Rivers. Mrs. CHENOWETH-HAGE. Mr. tween them being able to buy diapers This is not an appropriation, but pro- Speaker, I would like to ask the gen- for their kids or one can put food on vides the maximum that may be spent. tleman from Ohio (Mr. REGULA), chair- the table. It is language of limitation on what man of the Subcommittee on Interior, It is not right. We should not do it. If can be spent from existing funds. to clarify some matters concerning the it takes us waiting a couple more days Mr. Speaker, Webster defines ‘‘perfect’’ as President’s so-called American Herit- being without fault, or flawless. He defines to do it right, then I encourage us to do age Rivers initiative that concerns the so. ‘‘good’’ as praiseworthy, useful or beneficial. Interior and related agencies portion of While the document before you is not perfect Mr. YOUNG of Florida. Mr. Speaker, the appropriations act. 1 under Webster’s definition, it abundantly does I yield 2 ⁄4 minutes to the distinguished Is it the understanding of the gen- fit Webster’s definition of good. gentleman from Ohio (Mr. REGULA), tleman from Ohio (Mr. REGULA) that chairman of the Subcommittee on the there is nothing in his bill that author- In this new conference report we have Interior. izes the American Heritage Rivers ini- modified a number of the riders and I believe Mr. REGULA. Mr. Speaker, Webster tiative? that many of you will be pleased with our defines ‘‘perfect’’ as being without Mr. REGULA. Yes, Mr. Speaker, I changes. Most importantly they are fair. fault or flawless. He defines ‘‘good’’ as would like to clarify that matter. I am especially pleased with this conference being praiseworthy, useful, or bene- There is no language whatsoever in the report, as it continues our commitment to the ficial. Interior portion that provides an au- American people in protecting the environment Well, the document before us is not thorization for the American Heritage and in providing for our national parks, forests, perfect under Webster’s definition. It Rivers initiative. wildlife refuges and public lands, as well as abundantly does fit Webster’s defini- Mrs. CHENOWETH-HAGE. Mr. our cultural resources. As the gentleman from tion of good. It is praiseworthy. It is Speaker, in addition, is it true that Michigan said, ‘‘This bill is a victory for the en- useful. It is beneficial. there is no separate appropriation for vironment to the State of Florida.’’ I urge you In the conference report, we have the American Heritage Rivers initia- to support this new bill. modified a number of the riders. I be- tive in the Interior portion of the bill? At this point Mr. Speaker, I would like to in- lieve many of my colleagues will be Mr. REGULA. Yes, Mr. Speaker, it is sert into the RECORD a table detailing the var- pleased with our changes. Most impor- true there is no appropriation for the ious accounts in the bill. It is a bill that will tantly, they are fair. I am especially American Heritage Rivers initiative in provide pride in America’s heritage not only pleased with this report as it continues the appropriations act. now but far into the future.

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VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.001 H18NO9 Insert offset folio 380/7 here EH18NO99.024 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30681 Mr. OBEY. Mr. Speaker, I yield 2 for the most vulnerable Medicare patients will signatures from Members who sup- minutes to the gentlewoman from New also benefit. They will get the help they need ported the rural provisions of this con- York (Mrs. LOWEY), a member of the to provide the newest medications to comfort ference report. Similar letters were de- committee. their patients. livered to the Senate majority leader Mrs. LOWEY. Mr. Speaker, I thank In the last year I have worked with Chair- from rural Senators. the gentleman for yielding me this man THOMAS, who I want to thank for his ef- Mr. Speaker, Rural America should take time. forts in addressing the many concerns that note of the high level of support for this lan- Yes, my colleagues, there is good have been brought to my attention by Medi- guage in Congress and the hard work of news in this bill; but there is a strong care providers and beneficiaries in my district. members like Senator CONRAD BURNS of Mon- commitment to the education of our The result of that work is this bill. While it tana, Senator TED STEVENS of Alaska, Senator young people, there is a significant in- doesn’t provide all the Medicare fixes that are JONN WARNER of Virginia, Senator PATRICK crease to Title X, America’s family needed—it does address the most urgent LEAHY of Virginia, Congresswoman BARBARA planning program, and there is des- needs immediately. CUBIN of Wyoming, and Congresswoman perately needed relief for hospitals, Mr. YOUNG of Florida. Mr. Speaker, JOANN EMERSON of Missouri. which have been struggling with budg- I yield 2 minutes to the gentleman Unfortunately, problems in the other et cuts. from Virginia (Mr. GOODLATTE). body have doomed this language for The bill demonstrates our ongoing Mr. GOODLATTE. Mr. Speaker, I rise the year. Because the other body did support for a secure and lasting peace to engage the majority leader in a col- not wish to take the steps required to in the Middle East. The Wye River loquy regarding the satellite legisla- pass the bill over a threatened fili- package will help bolster Israel’s secu- tion which has been added to this om- buster, they have reached an agree- rity and provide the momentum needed nibus bill. ment with our leadership in the House to carry both parties through this deli- As the majority leader is aware, I to attach the Satellite Home Viewer cate period in the peace process. have been working for some time with Act to the D.C. appropriations bill next The bill also fulfills our obligation to my colleague, the gentleman from Vir- year. pay our U.N. arrears. I have fought ginia (Mr. BOUCHER), and many others, Mr. OBEY. Mr. Speaker, I yield 2 hard with my colleagues to make this to pass legislation that will reauthor- minutes to the gentleman from Vir- a reality, but my enthusiasm has been ize the compulsory license for satellite ginia (Mr. BOUCHER) so that the gentle- dampened by the dangerous family broadcasts and encourage the develop- men might continue their colloquy. planning restrictions that were forced ment of technology that will deliver Mr. GOODLATTE. Mr. Speaker, will upon us by the majority in return for local network signals to satellite own- the gentleman yield? these critical dues. The restrictions are ers. Mr. BOUCHER. I yield to the gen- unreasonable and irresponsible, and my We passed the Satellite Home Viewer tleman from Virginia. colleagues can be sure I will fight to Act reauthorization earlier this year Mr. GOODLATTE. Mr. Speaker, I ensure that they are never again codi- with overwhelming bipartisan support thank the gentleman for yielding. fied in U.S. law. and engaged the other body in a Mr. Speaker, the supporters of this I am also very disturbed that Federal lengthy and difficult conference. The legislation understand that along with employees’ access to contraceptive conference report was filed and passed this agreement comes a commitment coverage has been damaged in this bill. last week in the House by a vote of 411 from our leadership to work to pass The majority has modified the provi- to 8. Few bills of this magnitude have similar legislation early next year, and sions which the President just signed passed by such a wide margin. Included if the gentleman will yield to him, the into law only 2 months ago to dramati- in this conference report was impor- majority leader will clarify the details cally expand the number of individuals tant language supported unanimously of this commitment. who can opt out of providing contra- by the conferees to ensure that rural Mr. ARMEY. Mr. Speaker, will the ceptives. My colleagues, this is sneaky Americans are not left behind as this gentleman yield? politics, and it is bad policy. new local-into-local technology is Mr. BOUCHER. I yield to the gen- I want to make it clear today that I rolled out by the satellite companies. tleman from Texas. will not rest in my efforts to ensure Mr. BOUCHER. Mr. Speaker, will the Mr. ARMEY. Mr. Speaker, I thank that Americans have true access to gentleman yield? the gentleman for yielding, and I want family planning services. We cannot Mr. GOODLATTE. I yield to the gen- to congratulate the gentleman from continue to let a few extremists hold tleman from Virginia. Virginia (Mr. GOODLATTE) on his hard good public policy hostage to their nar- Mr. BOUCHER. Mr. Speaker, I thank work on this important issue. I share row agenda. the gentleman for yielding to me, and the gentleman’s commitment to ensur- Mr. YOUNG of Florida. Mr. Speaker, let me simply compliment my friend ing that rural Americans can receive I yield such time as he may consume to and colleague, the gentleman from Vir- their network signals over satellite. the gentleman from Florida (Mr. ginia (Mr. GOODLATTE), for the excel- The Satellite Home Viewer Act con- SHAW). lent work he has done in the face of ference report, which included the loan Mr. SHAW. Mr. Speaker, I rise in very difficult circumstances in order to guarantee language, was supported by support of the bill. obtain a way that viewers in the cities, myself and the majority of both parties Today, America’s seniors will be able to medium-sized and small, and through- in the House. I share the gentleman’s breathe easier and worry less about their out rural America will have the oppor- concern that time constraints pre- health care. Why? Because with the passage tunity to have their local TV stations vented the conference report from of the Medicare Balanced Budget Refinement delivered to them by satellite. being enacted as it passed the House; Act of 1999, health care providers who have We have had a range of problems. We however, I appreciate the gentleman’s been struggling under the burden of money- are about to have those resolved in a willingness to reach an agreement that saving regulations imposed in 1997 will now manner that I think is satisfactory, will ensure passage of the rest of this be getting some much-needed relief. and I want to thank my colleague and satellite legislation that is so impor- For several years Medicare Providers have friend from Virginia for his very able tant to satellite subscribers. been caring for Medicare patients day in and assistance in reaching that satisfac- To address my good friend’s concern, day out—often for Medicare payments that are tory result. I commit to the gentleman from Vir- not adequate to cover their costs. In my dis- Mr. GOODLATTE. Reclaiming my ginia that we will move rural satellite trict, for example, the Sylvester Cancer Hos- time, Mr. Speaker, I thank the gen- loan guarantee legislation through the pital was losing approximately $700,000 a tleman for his kind words and for his House early next year. It is my hope year caring for Medicare cancer patients. Until critical support in this effort. that the relevant committees of juris- now. This bill will give cancer hospitals the op- Yesterday, we delivered to the diction will engage in a full debate and portunity to break even. Hospices, which care Speaker a letter that included over 245 discussion of the merits of this loan

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VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.001 H18NO9 Insert offset folio 388R/11 here EH18NO99.019 30694 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Mr. YOUNG of Florida. Mr. Speaker, issue and several periods of comment and Labor programs which would have will the Chair advise how much time is either have occurred or will occur resulted in cutting education funding remaining on each side. under the proposed rule. The com- by almost one-third in real terms. We The SPEAKER pro tempore (Mr. promise assures that those with an in- said no to that. The President said no HANSEN). The gentleman from Florida terest in this issue will have one more to that. And the shape of these appro- (Mr. YOUNG) has 151⁄4 minutes remain- chance to comment and have these priations bills today is far different as ing, and the gentleman from Wisconsin comments reviewed. As a result, our a result. (Mr. OBEY) has 15 minutes remaining. agreement includes language in the I want to publicly thank the Presi- Mr. YOUNG of Florida. Mr. Speaker, Statement of the Managers that there dent. I want to publicly thank the Vice I yield 21⁄2 minutes to the gentleman will be no further delay following the President. I want to thank the Presi- from Illinois (Mr. PORTER), the chair- 42-day period. dent’s Chief of Staff, John Podesta; man of the Subcommittee on Labor, Mr. Speaker, this was a difficult ne- Jack Lew, his principal budget nego- Health and Human Services, and Edu- gotiation. However, I believe that the tiator; and all the others who stood cation of the Committee on Appropria- provisions of this bill represent the with us fighting for smaller class sizes, tions. true compromise between all parties, fighting for quality teachers, fighting Mr. PORTER. Mr. Speaker, I thank and not a provision placed in the work- for more cops on the beat, fighting the gentleman for yielding me this er incentive bill without the knowledge against legislation that threatened en- time and for his leadership in bringing or any participation in the negotia- vironmental cleanup, fighting against this bill to final passage. tions by those at our table, including short-sighted efforts to limit our inter- Mr. Speaker, compromise is the na- the Secretary of Health and Human national leadership responsibilities ture of our process under the Constitu- Services and the Director of OMB that abroad. tion, and the American people are the were there in our negotiation. I am also proud of the fact that we winners with this legislation. In the Labor, Health and Human Mr. OBEY. Mr. Speaker, I yield my- have in the area of education provided Services, and Education portion of the self 30 seconds to engage in a colloquy for additional support for comprehen- bill we have plussed up Job Corps, con- with the gentleman from Illinois (Mr. sive school reform, for additional sup- solidated health centers, and Ryan PORTER). port for teacher training, additional White AIDS they are at the highest Mr. Speaker, the conference agree- support for smaller class size, and addi- priority. I am particularly proud that ment encourages the Secretary of tional support to assist local school we have funded biomedical research Labor to spend up to $2 million to an- districts to reduce high school size in through the National Institutes of swer several questions relating to the order to get a better handle on student Health with a 15 percent increase, or costs and benefits of safety and health violence and juvenile adolescent behav- $2.3 billion. This is the second 15 per- programs. But am I correct in stating ior. cent increase in a row toward our goal that the conferees do not intend in any I am also proud of the fact that, of doubling funding for biomedical re- way that the Secretary delay her rule- under this bill, 10 States will be pro- search over 5 years. This is the best making on safety and health programs vided planning grants in order to de- spent money in all of government and while developing this information? velop plans for a Federal-State part- lengthens and protects the lives of Mr. PORTER. Mr. Speaker, will the nership to cover all of their citizens every American. gentleman yield? with health coverage. I think that is a In education, we increased the over- Mr. OBEY. I yield to the gentleman major breakthrough; and I hope it all account by $2.2 billion over FY 1999 from Illinois. leads to ending the abomination in this and included large increases for impact Mr. PORTER. Mr. Speaker, the gen- country, the moral abomination of aid, for Pell Grants, for the TRIO pro- tleman is correct. It was not our intent having some 40 million people in this gram, and a very large increase for spe- in funding this data collection to block country without health insurance. cial education, allowing our local or delay the issuance of the safety and But I am still going to oppose this school districts a great deal more flexi- health program standard. bill despite all of those features be- bility with their own money. Mr. OBEY. Mr. Speaker, I thank the cause someone, I believe, has to stand Now, Mr. Speaker, for the record, I gentleman for his comments; and I for the institutional need to present want to ensure that our intent on sec- want to say it has been a pleasure to budgets in a forthright way. tion 210, the provision concerning the work with him, as usual. Three years ago, when the executive Secretary’s organ transplantation rule, Mr. OBEY. Mr. Speaker, I yield my- and legislative branches of Govern- is totally clear. Section 210 delays for self 5 minutes. ment agreed on a budget deal, I called 42 days publication of the organ trans- Mr. Speaker, we have come a long it a public lie. I said, if it was not a plant rule to allow the Secretary to way from where we started in this ses- public lie, it was at least a giant public consult with the transplant commu- sion. fib, because it was promising that Con- nity. The provision is the result of dif- Originally, the Republican budget gress would live by spending levels ficult negotiations between Members of resolution that was presented in this that, in fact, it would never live by. both bodies and the administration. House maintained the fiction that we And history has demonstrated that to could afford a huge tax cut with 70 per- be correct. b 1630 cent of the benefit going to persons Last year, Congress spent $35 billion Our provision originally provided for earning over $100,000 a year and still more than that budget agreement pro- a 90-day delay with a required 60-day not do damage to the rest of our na- vided; and this year it is spending comment period. Based on the agree- tional priorities. much more than that before the limits. ment between myself; the gentleman That tax cut would have used every Some of that spending is outrageous, from Florida (Mr. YOUNG), the chair- single dollar that could have been used and some of it is perfectly defensible. man of the committee; the gentleman to extend the life of Social Security I do not so much object to some of from Wisconsin (Mr. OBEY), the rank- and Medicare. And the public under- that spending as I object to the fact ing member of the subcommittee and stands that; and in the end they, I that the Congress, in my view, is sim- the full committee; the chairman of think, by their actions in the polls, ply lying about it and pretending that the Senate subcommittee, Senator convinced our friends on the Repub- it is not taking place. That, I think, is SPECTER; and the administration, we lican side to begin to walk away from an even more fundamental problem. changed the comment period from 60 that issue. It is clear to me that, in the end, days to 21 days and provided 21 days for In September, we were given a dif- after all of their initial efforts to cut the Secretary to review the comments. ferent problem because the majority all of the priorities that the President There has been a major study by the established a budget allocation for the has been fighting for, it is clear that Institute of Medicine Study on this bill containing Education and Health the Republican majority in this House,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.001 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30695 in order to get out of town, was willing mittee. I am pleased that we were able to Mr. OBEY. Mr. Speaker, I yield 1 to give the President virtually every- come together and craft this bill—there is minute to the distinguished gentleman thing he asked for in spending so long much to be proud of in the legislation. from Wisconsin (Mr. RYAN). as we would adopt accounting fictions Congress made some very important Mr. RYAN of Wisconsin. Mr. Speaker, that would hide what, in fact, we were changes to the Medicare and Medicaid pro- I thank my colleague from Wisconsin doing. And that is the honest truth. grams when it passed the Balanced Budget for yielding 1 minute to me. So, Mr. Speaker, I will vote against Act. The Medicare program was facing bank- The previous speaker said there this. I understand there are many good ruptcy and seniors’ choice of private health should be no reason to vote against things in the bill, and I am proud to plans and providers was limited. The Balanced this bill. I will give my colleagues one have helped negotiate some of them. Budget Act changed that and helped ensure darn good reason why we should not But, in the end, I believe that next the vitality of this program for years into the vote for this bill, because this bill con- year we are going to come back here future. tains within it anti-dairy provisions with the budget problem being fun- In that legislation, the Commerce Committee which go right to the bottom line of damentally worse because of the also helped create the State Children’s Health the dairy farmers in the upper Mid- fictions we have in this bill. Insurance Program—otherwise known as S– west. Mr. YOUNG of Florida. Mr. Speaker, CHIP—to provide health coverage for millions I really do applaud this Medicare pro- I yield 1 minute to the distinguished of low-income uninsured children. It was his- vision. I would like to thank the gen- gentleman from Virginia (Mr. BLILEY), toric legislation and I am very proud of it. tleman from California (Mr. THOMAS), the chairman of our Committee on But in some areas we all went a little too the chairman of the Subcommittee on Commerce. far. Now we are doing the right thing by going Health, for including very important Mr. BLILEY. Mr. Speaker, I thank back and refining some of the policies put into Medicare language which helps south- the gentleman for yielding me the effect by the BBA to address some of the un- ern Wisconsin Medicare beneficiaries. time. intended consequences of that legislation. But what this legislation includes is Mr. Speaker, I rise in strong support Mr. Speaker, I’m proud of the work the legislation that has not even passed of this bill. There are a few items in Committees in both chambers put into this bill. through the House of Representatives particular that I would like to high- I know it enjoys wide bipartisan support and or through the United States Senate light from the Medicare provisions of deserves the support of all my colleagues. which goes right to the bottom line of Mr. YOUNG of Florida. Mr. Speaker, I yield this bill. the dairy farmers in the upper Mid- 1 minute to the gentleman from California (Mr. First, it directs a significant amount west. THOMAS). of new monies toward hospitals. This Mr. THOMAS. Mr. Speaker, I thank Mr. Speaker, I implore my col- includes more funds for small, rural the gentleman for yielding the 1 leagues, let us bring this legislation hospitals and for patients who receive minute. down the pike on regular order, not cancer treatments, those most in need Mr. Speaker, I am here to point to tack it on this ugly Christmas tree as of assistance. Congress cannot allow that portion of the deal that deals with a big ugly ornament. these hospitals, which serve an impor- seniors and the disabled in the Medi- This legislation is not fair for our tant role in our communities, to close care section. This would not have hap- dairy farmers. This legislation takes their doors. pened without a bipartisan, coopera- them and puts them at a competitive Additionally, we provide new monies tive effort. disadvantage against all other farmers for the Medicare+Choice program. This I especially want to thank the staff: in the country. And it revokes the free vital program gives seniors the option Ann Marie Lynch and the majority market principles that we were elected to choose a private health plan instead committee, Bill Vaughn, for his will- to protect. of remaining in the traditional Medi- ingness to maintain confidentiality as Mr. YOUNG of Florida. Mr. Speaker, care program. we worked on this; the commerce staff, I yield 11⁄2 minutes to the gentleman I am also proud to have strengthened especially the members of the Sub- from new York (Mr. GILMAN), chairman this bill by including $150 million to committee on both Ways and Means of the Committee on Foreign Affairs. pay for immunosuppressive drugs for and Commerce; chairmen of the full Mr. GILMAN. Mr. Speaker, I thank transplant patients. Medicare cur- committee, the gentleman from Texas the gentleman for yielding me the rently only covers these drugs for 36 (Mr. ARCHER) and the gentleman from time. months. Through our work in the Con- Virginia (Mr. BLILEY), who just spoke; Mr. Speaker, I am pleased to rise in ference Committee, however, we have my friends and colleagues, the gentle- support of this omnibus bill. I com- ensured that organ transplants will woman from Connecticut (Mrs. JOHN- mend the House leadership, the major- have greater access to these life-saving SON) and the gentleman from Louisiana ity leader, the majority whip, in addi- drugs for a longer period of time. Ac- (Mr. MCCRERY), without which the con- tion to the Committee on Appropria- cess of these drugs to patients could gressional portion would not have been tions chairman, the distinguished gen- literally mean the difference between put together. tleman, for their untiring efforts to fi- life and death. I want to thank Chris Jennings from nalize the conference report on the Finally, this bill dedicates more the White House, Nancy Ann H.R. 3194 and for their willingness to funding for community health centers MinDeParle at the Health Care Financ- include it in certain important author- and rural health clinics, for S–CHIP, ing Administration and Bonnie Wash- ization measures. I also extend thanks and also for State outreach efforts for ington. to House staffers Bill Inglee, Brian former welfare recipients. Details of the Medicare measure can Gunderson, and Susan Hirschman for Mr. Speaker, I rise today in strong support be found at TND.house.gov. This lays their diligent efforts on our behalf. of the ‘‘Medicare, Medicaid and S–CHIP Bal- the groundwork for next year. In particular, this package includes ance Budget Refinement Act of 1999.’’ This Republicans brought prevention in the authorization for the important bill restores needed funds to hospitals, nursing Medicare in 1997. We brought refine- U.N. reform and arrears payment pack- homes, managed care providers, and home ment this year. And working in a coop- age as well as other significant pro- health agencies most seriously impacted by erative way, as evidenced by my friend grams, such as the 5-year authorization changes made in the Balanced Budget Act of the gentleman from Maryland (Mr. for a greatly enhanced embassy secu- 1997. CARDIN), the gentleman from Wisconsin rity program to protect American per- The Conference Report, included in this om- (Mr. KLECZKA), and other Democrats, sonnel and facilities abroad and a 10- nibus bill, reflects many hours of hard work in we can move forward in modernizing year authorization for Radio Free Asia. the House and the Senate. I want to particu- Medicare next year as well. The legislative vehicle by which this larly commend the efforts of Members of the I want to thank them all. There is no is accomplished is the inclusion of H.R. Commerce Committee, Ways and Means reason in the world why my colleagues 3427, introduced by the distinguished Committee and the Senate Finance Com- should not vote yes on this measure. gentleman from New Jersey (Mr.

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SMITH) of the Subcommittee on Inter- to spend 38 percent of the Social Secu- Turkey, our distinguished Secretary of national Operations and Human rity trust fund for the surplus for So- State, Madeleine Albright said, and I Rights; the gentlewoman from Georgia cial Security. We said, no, Mr. Presi- quote, ‘‘we do believe it will have a (Ms. MCKINNEY), the ranking Democrat dent, we want 100 percent of that sur- minimal effect on family planning.’’ on that subcommittee; and the gen- plus. And that is what we did. We gave She went on to say ‘‘the compromise tleman from Connecticut (Mr. GEJDEN- our troops in the field a good solid pay will allow the President to carry out SON), the committee’s ranking member; raise, and they deserve it. U.S. family planning policy around the and myself. Let me say, Mr. Speaker, on dairy, it world.’’ H.R. 3427 reflects the House and Sen- would be terribly wrong for us to harm I agree wholeheartedly with the Sec- ate agreements that were reached on 75 percent of the farmers, the dairy retary of State. In fact, the pro-life H.R. 2415 and S. 886, the Senate amend- farmers in this country by supporting side has always argued that the Mexico ments to H.R. 2415. This compromise the Glickman-Clinton dairy proposal. City Policy has no effect on those fam- measure also accommodates numerous It is wrong for the country. The Con- ily planning organizations that divest requests of the administration. The gress is on record opposing that legisla- themselves from the grisly business of House Committee on International Re- tion. abortion. The compromise provides What is in this bill was supported by lations worked diligently to produce a that at least 96 percent of all the 380 Members of the Congress. This is bipartisan bill in concert with our col- money used for population purposes— good legislation. I urge my colleagues leagues on the Senate Foreign Rela- that is about $370 million—will be sub- to support it. tions Committee. jected to the Mexico City safeguards I thank the leadership of the Com- b 1645 that prohibit foreign nongovernmental mittee on Appropriations, and I urge Mr. YOUNG of Florida. Mr. Speaker, organizations from performing abor- my colleagues to fully support this om- I yield 1 minute to the distinguished tions in foreign countries, from vio- nibus measure. gentleman from Pennsylvania (Mr. lating abortion laws of those countries, The SPEAKER pro tempore (Mr. GOODLING), chairman of the Committee or from engaging in activities in ef- HANSEN). The gentleman from Florida on Education and the Workforce. forts to change or alter those laws. If (Mr. YOUNG) has 9 minutes remaining, Mr. GOODLING. Mr. Speaker, I the President chooses, he can waive the and the gentleman from Wisconsin (Mr. thank the gentleman for yielding me restrictions for up to $15 million in OBEY) has 81⁄2 minutes remaining. this time. I rise to again indicate that that account. Mr. OBEY. Mr. Speaker, I yield 1 the President did not win on education I am very pleased, Mr. Speaker, that minute to the distinguished gentleman in this legislation, the chairman of the H.R. 3427 is also enacted by this Act. It from Wisconsin (Mr. GREEN). Committee on Education and the is the product of our Subcommittee on Mr. GREEN of Wisconsin. Mr. Speak- Workforce did not win in this legisla- International Operations and Human er, I thank the gentleman for yielding tion. The children in this country won Rights. It is in essence, a bill passed by me the time and for his leadership on in this legislation. Above all, the chil- both Houses. the issue that he and I are joined to- dren who are most disadvantaged won, Mr. Speaker, addressing the abortion com- gether on, and that is dairy. thanks to the gentleman from Illinois I must reluctantly urge my col- promise on Monday in Ankara, Turkey, our (Mr. PORTER) and the gentleman from leagues to vote against this bill today distinguished Secretary of State, Madeleine Florida (Mr. YOUNG). Albright, said, ‘‘We do believe’’ it will have a because of the dairy provisions that it When we were able to show the ad- contains. ‘‘minimal effect on family planning’’ and that it, ministration that 50 percent of teach- the compromise, ‘‘will allow the president to It is real important to understand ers in many of the cities including New what has not happened today with the carry out—U.S. family planning policy around York are not certified or qualified, the world.’’ inclusion of these provisions. We have agreed there is no reason to send not I agree wholeheartedly with Secretary not done one thing to help dairy farm- one more teacher into that area, we Albright. In fact, the pro-life side has always ers in this Nation. We have not ad- better improve the teachers that are argued that the Mexico City policy has no ef- dressed the fact that most of the dairy there. This happens all over the coun- fect on those family planning organizations farmers that we are losing in this Na- try. Therefore, they decided that 100 who divest themselves from the grisly busi- tion we are losing in the upper Mid- percent of this money, they agreed ness of abortion. Abortion is violence against west. In my home State, we are losing with us, could go for teacher prepara- children. Abortion dismembers or chemically five each and every single day. tion and teacher training for those poisons innocent children. It is not family plan- We have not addressed the fact that that are already existing. many of the Nation’s largest co-ops are We also indicated that overall, 25 per- ning. The compromise language before us gouging our dairy farmers, under- cent of the money could be flexible for today narrowly focuses on those organizations paying them. And we have not taken teacher preparation. We also indicated that advertise themselves as family planning one step away from the Soviet style that to those schools, 7,000 of them in groups, but promote and/or perform abortions dairy system that has ruled this coun- title I that are in schools improvement in other countries. try since 1937. who have not improved even in 4 years’ Let me reiterate in the strongest terms pos- Because of what this bill does not do time, the parents have the opportunity sible, this controversy has been, and is, all in dairy, I must reluctantly urge a no to say, we go to another public school about the performance and promotion of abor- vote. within that district where they are not tion overseas, and not about family planning Mr. YOUNG of Florida. Mr. Speaker, a failing school. per se. The compromise provides that at least I yield 1 minute to the gentleman from I want to also include that we wipe 96% of all the money used for population pur- New York (Mr. WALSH), the very distin- out Goals 2000 in the year 2000. We wipe pose—that’s about $370 million—will be sub- guished chairman of our Subcommittee it out in the year 2000 and gave a lot of ject to the Mexico City safeguards that prohibit on VA, HUD and Independent Agencies. money for special ed, which is very im- foreign non-governmental organizations from Mr. WALSH. Mr. Speaker, congratu- portant. performing abortions in foreign countries, from lations to the chairman. We did it. We Mr. YOUNG of Florida. Mr. Speaker, violating the abortion laws of these countries, balanced the budget, as we said we I yield 1 minute to the distinguished or from engaging in activities or efforts to would. We cut the national debt by gentleman from New Jersey (Mr. change these laws. If the President chooses, over $100 billion with this budget, as we SMITH). he can waive the restrictions on up to $15 mil- said we would. And we did it without Mr. SMITH of New Jersey. I thank lion in the account (4%). The abortion com- touching the Social Security trust fund the gentleman for yielding me this promise language is far from perfect, it is a for the first time in this half century. time. compromise but it is significant. The effect of Remember back in his State of the Mr. Speaker, addressing the abortion the waiver is that up to $15 million would then Union address, the President promised compromise on Monday in Ankara, be able to go to foreign organizations that did

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.001 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30697 not make the Mexico City certifications with re- and H.R. 1211 in the House as far as is appli- Mr. YOUNG of Florida. Mr. Speaker, spect to performing abortions, violating abor- cable. Similarly, in the Senate the legisla- I yield 1 minute to the gentleman from tion laws, and engaging in activities or efforts tive history of H.R. 3427 is the legislative Maryland (Mr. BARTLETT). history of S. 886. to change abortion laws. But this option Mr. BARTLETT of Maryland. Mr. comes with a consequence—$12.5 million will The Foreign Relations Authorizations Act Speaker, I thank the gentleman very be transferred from the population account to contains important provisions relating to the much for yielding me this time. the Child Survival fund for activities that have security of United States embassies and over- The Government Accounting Office, measurable, direct, and high impact on saving seas employees, to human rights, to refugees, the Congressional Research Service, the lives of children in the Third World. and to the activities of the States Department. and the Pentagon have all complied On the negotiations with the White House, I am particularly proud that the bill provides with requests from the Congress or there was give and take—the compromise is $12 million for the Bureau of Human Rights, complied with law to document the the result of a good faith effort to resolve dif- Democracy, and Labor. It is scandalous that amount of money that we have spent ficult and complex issues. Neither side got ev- the State Department currently spends more on legitimate U.N. peacekeeping ac- erything it wanted. On balance, however, this on its public relations bureau than on the tivities. The total amount of money is bill represents a major step forward for the human rights bureau, and this legislation will at least $17.1 billion since 1992. Now, the U.N. has legitimized that protection of unborn children around the put an end to that scandal. The bill also au- accounting because they have credited world—without endangering genuine family thorizes $750 million for refugee protection— us with $1.8 billion of that against past planning activities. unfortunately, far more than the Administration dues. But regrettably this legislation Mr. Speaker, I am also pleased that this bill requested or than has been appropriated for that is before us gives the United Na- enacts by reference the provisions of H.R. FY 2000—but we will work to get the request tions nearly $1 billion of taxpayers’ 3427, the Admiral James W. Nance and Meg and appropriations for FY 2001 up to the mark money, in spite of the fact that the Donovan Foreign Relations Authorization Act, in the Authorization Act. GAO, the CRS and the Pentagon itself Fiscal Years 200–2001, which I introduced Mr. Speaker, the Foreign Relations Author- have documented that the U.N. owes us along with Representatives CYNTHIA MCKIN- ization Act (H.R. 3427) also contains important at least $15 billion. This is a travesty NEY, BEN GILMAN, and SAM GEJDENSON. I in- United Nations reforms—standards to which that I hope future legislation can cor- sert at this point in the RECORD an agreed the United Nations must live up in order to re- rect. statement of the legislative history of H.R. ceive the amounts provided in the settlement Mr. YOUNG of Florida. Mr. Speaker, 3427. of the dispute over arrearages. It authorizes I yield myself 30 seconds. I just wanted LEGISLATIVE HISTORY OF H.R. 3427, THE ADMI- $4.5 billion over five years for Embassy con- to point out that there has been talk RAL JAMES W. NANCE AND MEG DONOVAN struction and improvement so as to reduce about winners and losers and victories FOREIGN RELATIONS AUTHORIZATION ACT, dramatically the vulnerability of our overseas and defeats. I would like to just make FISCAL YEARS 2000–2001 facilities to terrorism, and provides strict condi- this point. I was very impressed by one Mr. Smith of New Jersey: Mr. Speaker, the tions to make sure the State Department really visit to President Reagan’s Oval Office. conference report on H.R. 3194, the District of Columbia Appropriations Act, Fiscal Year spends the money on security instead of any He had a sign there, and I will para- 2000, incorporates and enacts by reference other preferences it might have. phrase it because I do not remember it H.R. 3427, the Admiral James W. Nance and Mr. Speaker, H.R. 3427 ensures that as the exactly, but it goes like this: It’s amaz- Meg Donovan Foreign Relations Act, Fiscal United States Information Agency is folded ing what can be accomplished if you Years 2000–2001, which I introduced yester- into the State Department, the international in- don’t care who gets the credit. day, November 17, 1999, along with Rep- formation programs of USIA will not be con- That is how we have tried to work resentatives Cynthia McKinney, Ben Gilman, verted into domestic press offices or propa- through this entire appropriations and Sam Gejdenson. process, without demanding or claim- Let me state for the record that H.R. 3427 ganda organs. It requires that U.S. educational and cultural exchange programs provide safe- ing credit for any one of our appropri- is a compromise between H.R. 2415, the ators. We just get the job done. We be- American Embassy Security Act, as passed guards against the inclusion of thugs and by the House, and the Senate amendment to spies from dictatorial regimes and to increase lieve that we have produced a good H.R. 2415, which incorporates the provisions the opportunities for human rights and democ- product here that would be acceptable of S. 886, the James W. Nance Foreign Rela- racy advocates to participate in these pro- to the American people and should be tions Authorization Act. H.R. 3427 is a sub- grams. (One of the requirements is that we acceptable to the Representatives in stitute for a conference report or an amend- conduct no further police training programs for the House. ment between the Houses to resolve the dif- Mr. Speaker, I reserve the balance of members of the Royal Ulster Constabulary ferences between the House and the Senate my time. versions of the bill. until we have in place vetting procedures to Mr. OBEY. Mr. Speaker, I yield 1 The text and the Statement of Managers of exclude participation by RUC officers who par- minute to the distinguished gentleman H.R. 3427 (which appears in the explanatory ticipated in or condoned serious human rights from New York (Mr. FORBES), a mem- statement to the conference report on H.R. violations, such as the murders of defense at- 3194) were agreed upon by Mr. Gilman and ber of the committee. torneys Patrick Finucane and Rosemary Nel- Mr. FORBES. Mr. Speaker, I thank Mr. Gejdenson, as well as by myself and Ms. son.) McKinney—the Chairman and Ranking Mi- the gentleman for yielding me this nority Members, respectively, of the com- Mr. Speaker, this bill makes clear that Con- time. I come to the floor today se- mittee and subcommittee with jurisdiction gress expects important reforms in our Viet- verely grieved and sad because the old over the bill in the House. In the Senate, the namese refugee programs for allied combat ways of Washington continue to pre- Statement of Managers of H.R. 3427 has the veterans, former U.S. government employees, vail. The men and women we serve concurrence of a majority of the conferees and their families. It continues a requirement with here today are honorable people, appointed by the Senate for H.R. 2415. of current law that the programs the United but the process is dishonest. I think The original Senate version of H.R. 2415, S. that those of us who came here in 1995 886, was reported by the Committee on For- Nations Development Program conducts in eign Relations on April 28, 1999 (S. Rept. 106– Burma be conducted in consultation with the as part of the crowd that was going to 43) and passed the Senate, amended, on June legitimately elected pro-democracy authorities end these megabills, these omnibus 22, 1999 by a vote of 97–2. in that country, and that these programs not spending bills, catch-all bills that were H.R. 2415 passed the House, amended, on serve the interests of the brutal military dicta- thrown in with all kinds of pork, all July 21, 1999. It was not reported by our Com- torship that currently holds power in Burma. kinds of spending, this is a dishonest mittee but was sent directly to the floor by The bill also provides funding for UNICEF, the process. I lament that. $385 billion on action of the House pursuant to the special United Nations Voluntary Fund for Victims of this floor right now passed by agree- Rule. H.R. 2415 was a successor to H.R. 1211. ment last night at 4 o’clock in the H.R. 1211 was reported by the Committee on Torture, the World Food Program, for the International Relations on March 29, 1999 (H. Tibet, Burma, East Timor, and South Pacific morning. We should be ashamed, be- Rept. 106–122). Scholarships, and for other programs which cause we are upholding the old ways of The legislative history of H.R. 3427 in the will promote American interests and American Washington, the Washington math, dis- House is the legislative history of H.R. 2415 values around the world. honest. We are going home, and we are

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 30698 CONGRESSIONAL RECORD—HOUSE November 18, 1999 telling people that we did not spend the 1999 level with virtually no increase. the President decided to veto. And over Social Security surplus. It is a bald- After the hue and cry from veterans a long period of time, and working with faced lie. Each one of us knows that. groups and the indication from the ad- the White House and working with our We should be ashamed. ministration that it would be submit- colleagues on the other side of the Mr. OBEY. Mr. Speaker, I yield 1 ting a budget amendment for an addi- aisle, we have pieced together what we minute to the distinguished gentleman tional $1 billion for veterans health need in this Nation to make this Na- from Wisconsin (Mr. BARRETT). care, the majority added $1.7 billion tion work on an appropriations process Mr. BARRETT of Wisconsin. Mr. above the original request. for the next fiscal year. Speaker, I rise in opposition to this Both in full committee and on the For the past 30 years, our govern- bill. I just have to comment on the House floor, the gentleman from Texas ment has taken money out of the pock- dairy part of this bill. We have people (Mr. EDWARDS) tried to add $700 million ets of seniors and spent it on more in this chamber who sing the praises of more in veterans medical care by de- wasteful Washington spending. Last free trade with countries all over this laying for 1 year the effect of the Re- February, our majority pledged to stop world. Yet this chamber refuses to publicans’ capital gains tax cut. We this raid on Social Security Trust allow free trade in our own country. were rebuffed procedurally by the ma- Funds, and in this bill we have. Stop- There is only one product, milk, only jority at every turn on that, with the ping the raid on Social Security is not one product in this entire economy argument that an appropriations bill just good news for our seniors, it is where the price of the product is de- could not be merged with tax meas- good news for our children who un- pendent upon where it is made. That is ures. Let me point out today to my col- fairly have been burdened with the na- wrong; that is a Soviet-style economy leagues that this omnibus bill today tional debt and paying the interest on and everyone here knows it. The Presi- contains several tax measures. So de- that debt year after year, not only now dent did the right thing. The President spite the availability of valid provi- but way into the future. tried to reform this system. Yet the sions that would have provided offsets b 1700 Republican leadership in this House re- negating the need for the across-the- fuses to allow those market reforms to board cut in this omnibus measure, the With this bill’s passage today, we go into place. It is an embarrassment, majority has once again decided to will be on target to pay down $131 bil- and it is causing consumers all over take an action which would provide lion of national debt in this fiscal year. this country to pay more for their veterans health care less than I believe When I arrived in Congress in 1987, the milk. This bill should be defeated. they need. idea of passing a budget that would ac- Mr. OBEY. Mr. Speaker, I yield my- Therefore, our recommittal motion tually pay down $130 billion worth of self the balance of my time. will be very simple. It will simply re- debt would have been laughable, and Mr. Speaker, first of all with respect commit the bill to the committee on even 5 years ago the thought of debt re- to the dairy provisions, I would like to conference with instructions that duction was just that, a thought, but publicly thank President Clinton for House managers not agree to any pro- now it is a reality. his personal efforts to salvage dairy re- vision whatsoever which would reduce This bill also represents a huge vic- form and keep nongermane dairy riders or rescind appropriations for veterans tory for those in this chamber who off this appropriation bill. I also want medical care. In other words, it would have spent many years fighting for to thank Secretary Glickman for twice eliminate the $72 million reduction in local control of Federal education dol- trying to bring some degree of mod- the Republican budget for veterans lars. We had a long debate with the ernization to the 1937 milk marketing health care. It would restore that $72 White House, and the White House practices which have long since out- million. I would urge Members to vote wanted more teachers, and we put $300 lived their usefulness. I understand ‘‘yes’’ on the motion to recommit. million more in for education than the that given all the other items in the Mr. Speaker, I yield back the balance White House asked for. But with that bill, the President cannot veto the bill of my time. we asked, let us give our local school over that; but I do appreciate very Mr. YOUNG of Florida. Mr. Speaker, districts, let us give our parents, let us much the fact that he and his staff I yield the balance of my time to give teachers and let us give super- went to the well to try to help us when the hard-working, straight-talking, intendents and those people we ask to we really needed their help. straight-shooting Speaker of the take care of our local schools the flexi- Let me say, Mr. Speaker, that I House, a great leader, the gentleman bility to do the work that they have to think I should explain the motion to from Illinois (Mr. HASTERT). do. recommit. In large part due to the un- Mr. HASTERT. Mr. Speaker, I thank We did that in this bill. Working with realistic budget caps established in the the gentleman from Florida for yield- the White House and the good work of 1997 budget act, both parties agreed ing me this time. the gentleman from Pennsylvania (Mr. early on this year that the budget re- I do not have to tell my colleagues GOODLING), we got the flexibility, even quest for veterans medical care was in- that it has been a long and often chal- in the teacher bill, so teachers would adequately funded. The Republican lenging road to get us to this point. be there, we would have the people to budget resolution this year called for Today, we have before us a good bill, a do the discipline and do the teaching an additional $1.7 billion for veterans fair bill, a bill that reflects our prior- and do the work, but if we did not need medical care, but that increase was for ities as a Congress and reflects our pri- teachers, we could use that money to fiscal 2000 only. orities as a Nation. lift up the level and capability of the The next 4 years of the Republican When I took over this job a little less teachers we already have. budget plan assumed that veterans than a year ago, I said the appropria- The debate over education has now health care would decline to a level tions process needed to be a process changed. Instead of arguing about below that of last year. The Demo- that we sent the 13 bills. After we whether there should be local control cratic alternative budget provided not moved through the process of the com- of education dollars, we are now debat- only for the additional $1.7 billion in mittee and we sent them to the White ing about how much local control there fiscal 2000, it continued that increase House and the President has the should be. There is money in this bill in future years. In total, the Demo- chance of signing those bills or vetoing that can be used to hire more teachers cratic budget provided about $8 billion those bills, and if he chooses to veto, and lower classroom size, but there is more for veterans health expenses than give us the message and send the bill also flexibility in this bill. Parents and the Republican resolution that passed. back and we will work it. teachers will have more freedom to use When the VA-HUD subcommittee We have done that. Every one of this money as they see fit. Keeping first marked up the fiscal 2000 bill, it these pieces of legislation have gone more dollars and decisions in our class- ignored the guidance of the Republican through the process. Now we are back. rooms is a victory for this Congress budget resolution. It provided only the We are dealing with the five bills that and a victory for our children.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30699 This bill also takes a very important The Medicare BBA Refinement Act is a viders need more money. In many cases, the first step in eliminating government sweet and sour bill—it is has good features Congress has just been rolled by lobbyists waste. Every year our government and bad features. and major contributors. spends billions and billions of dollars, First, the good features. The move toward Standards for Medicare managed care plans and we are saying in this bill, let us prospective payment systems is continued. have been weakened. We continue to grossly take 38 cents out of every $100 that the The arbitrary $1500 caps on rehabilitation overpay HMOs. The HMO industry that we Federal Government spends and find services have been lifted for two years while beat in the Patient Bill of Rights has crept in waste and abuse. I think that is doable, we develop a better payment system. Medi- the backdoor of this bill to weaken consumer and I think next year we ought to do care’s coverage of immuno-suppressive drugs protections and receive $4 billion dollars in the same thing, over and over again, for transplant patients has been extended 8 overpayments. because that is what the American peo- months. Patients in hospital outpatient depart- I would vote no if this were a free-standing ple expect us to do. ments are protected against ever having to bill based on is merits alone. That decision is The across-the-board spending cut in pay more than a single day’s hospital deduct- made even easier by the process used here this bill will force the agencies of gov- ible for the cost of the outpatient procedure. today which compiled all of these unrelated, ernment to take a close look at their Today, patients face out-of-pockets costs important bills into one gaint package in order budget and see what frivolous spending $2000 to $3000 for certain outpatient proce- to try to force members of Congress to vote can be eliminated. Taxpayers deserve dures. Now, their costs will be limited to about yes. Well, that theory doesn’t work on every- to have their money spent responsibly, $776. one. I vote no. and this bill will save the American And, I want to commend Chairman THOMAS Mr. CROWLEY. Mr. Speaker, I rise today to taxpayers from over $1 billion in excess for a bill which did not give away the future of talk about the DC Appropriations/Omnibus spending. Medicare. The lobbying pressures have been budget Conference Report. This conference I would like to take this opportunity enormous. It would have been easy to bring report is a vast improvement over previously certainly to thank the gentleman from forth a $30 or $40 billion bill. The bill is limited vetoed appropriations bills, yet in some in- Florida (Chairman YOUNG), and to and generally—with some exceptions—directs stances falls, in my opinion, short of where we thank the subcommittee chairmen on its spending to the areas where there is the should be. I will support this legislation as it is the various appropriations committees, most evidence that some adjustment is need- a true compromise and will bring many bene- and to thank the gentleman on the ed. fits to the citizens of this country, funding valu- other side of the aisle who has led a Nevertheless, I voted against the bill when able programs while having the small 0.38 gallant fight and an honest and it first passed the House, because it was not percent across the board budget cut. While I straight fight for what he believes is paid for-and thus shortened the life of the believe this bill to be fiscally responsible, it right. Medicare Trust Fund about a year, and in- does nothing to extend the life of Social Secu- rity. I strongly encourage the Republican lead- We do not put legislation like this to- creased beneficiary Part B premiums by at ership to bring up legislation early next year to gether just at a whim. It takes a long least 50 cents a month. extend the life of Social Security by ensuring time. It takes people standing up for It still is not paid for—and now reduces sol- its solvency. their principles and their ideals. Some- vency by more than a year, and increases The Omnibus covers much ground and I times we have different principles and beneficiaries’ costs by several billion dollars would like to touch on several important we have different ideals; but at the end, over the next five years, increasing premiums issues to my constituents. In the areas of we have a product that we can stand up about a dollar a month. It spends about $16 Health and Human Services and Education, I for, that we can vote for, that we can billion of the Social Security surplus over the feel it is important to highlight the support this be proud of. next five years, and $27 billion over ten years. It didn’t need to be this way. In the $212 bil- Omnibus gives to our nation’s teachers and It is amazing to think about what lion a year Medicare program, there is fraud, our education system; to AIDS funding and this bill actually does. It stops the raid waste, and abuse, and we could have saved NIH research in general; to family planning on Social Security, it keeps the budget several billion a year to pay for the relief that services; and to Medicare payment relief for balanced, it pays down our national some providers needed. our hospitals. debt and it gives parents and teachers I am most disappointed about the budget Overall, the Omnibus provides $39 billion for more control and better benefits to our games that were played on the 5.7 percent education programs. This is a 7 percent in- children. It was not too long ago that hospital outpatient department issue—which is crease over Fiscal Year 1999. Importantly, the these accomplishments were nothing a $4 billion gift to hospitals. When the BBA Class Size Reduction Initiative remained in- more than broad goals. passed, we meant to reduce payments to hos- tact. The controversy about this program led So I encourage my colleagues to vote pitals which had been shifting overhead costs to the President’s veto of previous Labor/HHS for this agreement, and let the Amer- to outpatient departments. It is the rankest Or- appropriations bills. However, the $1.3 billion ican people know that this Congress is wellian revisionist history to claim otherwise. appropriated for class size reduction will in committed to fiscal discipline and But revisionist history is what has happened. large part remain designated for that purpose. sound policy, and as we open up the So that neither the White House nor the Con- School districts will be permitted to use up to new millennium, the Year 2000, we can gress would be charged for the $4 billion gift, 25 percent of the funds for professional devel- promise our seniors that their pension there has been an exchange of letters in opment, an increase over last year. Nonethe- funds are secure, that their Social Se- which no one is ‘scored’ for the cost of spend- less, the majority of funding will remain tar- curity funds are secure, and our chil- ing $4 billion more. It is like manna from heav- geted for its intended purpose—reducing the dren are not going to have to pick up en, a miracle for which no one is responsible sizes of our children’s classes. This funding the interest on our debt that we have and no one has to pay. was imperative for schools in my district and piled on their shoulders over the past Mr. Speaker, it is all phony, it is all a distor- in New York City. Last year, New York City years. tion of the budget process. The give-away to used its funding under the class size reduction I ask for support on this bill. hospitals does cost money; $1 billion will initiative to fund the full salaries of 808 new Mr. STARK. Mr. Speaker, the DC Appropria- come from seniors. Therefore, we should have teachers and to partially fund the salaries of tions bill is the shell in which the Republican been honest and paid for it. It is money that an additional 788 early grade teachers. Had leadership has chosen to place the legislative will not be available to save Medicare. It is there been no funding for class size reduction, kitchen sink, so the speak. This bill includes a money that comes out of the Social Security the city would have been unable to retain myriad of provisions that have nothing to do surplus. And that is the truth. more than 1500 teachers. This is important in with the District of Columbia—Interior Appro- Mr. Speaker, this kind of dishonest budget my district, which contains the most over- priations; Labor-HHS Appropriations; a Sat- game destroys faith and trust in government. crowded school district in the city, CSD 24, ellite Home Viewers Act; certain dairy provi- Its true cost is much more than the $4 billion operating at 119 percent over capacity. Over- sions and, the bill about which I am here to gift to hospitals. all, the funding New York City receives will re- speak today: The Medicare BBA Refinement There are other bad features. There is ab- duce the class sizes for approximately 90,000 Act. solutely no hard proof that some of these pro- students—27 percent of its K–3 enrollment.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00064 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30700 CONGRESSIONAL RECORD—HOUSE November 18, 1999 While this is nowhere near enough—it is an and family planning. Overall, the Omnibus pro- onset of full blown AIDS, we must concentrate important first step in improving the education vides a 15 percent increase over Fiscal Year more of our effort on prevention and treatment for all K–3 children in New York City and 1999 for NIH, bringing its funding to $17.9 bil- programs. These programs are especially im- across the country. lion. This majority of this money will be seen portant for minorities, who are so dispropor- Another important program that this Omni- by NIH researchers this year, rather than tionately affected by this disease, and I fully bus funds is the 21st Century Community being until September 29, 2000, as originally support the inclusion of $138 million for early Learning Centers. This agreement appro- reposed by the Republican leadership. Imag- intervention programs in this Omnibus bill. priates $453 million for after-school centers, ine the impact of not funding research projects In my District, there is an organization that $253 million more than last year. After school for almost an entire year. A year without can- is actively reaching out to the community, both centers are vital to keeping our children off the cer research, diabetes, lupus, this list goes on in treatment and services for AIDS sufferers streets. and on. Every day important break-throughs and preventative education for the community. Our communities and schools are facing the happen, and I am happy the Republican lead- Steinway Child and Family Services, Inc., fact that most families need to have two par- ership did not sacrifice health research to bal- serves many areas in Queens that are dev- ents working full time to provide for their chil- ance the budget. astated by high incidences of AIDS. The ma- dren. This leaves as many as 15 million I am also heartened by the support for Ryan jority of these people are low-income minori- school-aged children without supervision from White AIDS program, which will receive $1.6 ties who have historically received little, if any, the time school ends until the time their par- billion in funding, a 13 percent increase from assistance due to low levels of funding. ents arrive home from work. After-school pro- last year, and $44 million more than the last Steinway’s CAPE program (Case Manage- grams provide school-age children whose par- Labor/HHS bill. We all know the battle we face ment, Advocacy, Prevention & Education) of- ents both work a supervised environment pro- against AIDS an HIV, the virus that causes fers services to people who have contracted viding constructive activities. Such a structured AIDS. In 1998, the Center for Disease Control HIV, increases general public awareness of setting makes these students less likely to use reported that 665,357 persons were living with the methods of HIV transmission, and pro- alcohol, drugs, and tobacco, commit crimes, the AIDS virus and CDC estimates that vides targeted outreach services to people receive poor grades, and drop out of school. 650,000-900,000 American live with the HIV considered ‘‘at risk.’’ Steinway’s Scattered Site No one in my district, or in the nation, wants virus. Sadly, so far 401,028 individuals have Housing program located dwellings in Queens to see children go home to empty houses or not survived their battle with AIDS. However, for homeless persons with AIDS and their apartments, or worse yet, succumb to anti-so- we all know that due to lack of reporting or families. It is currently the largest program of cial activities on the street. lack of knowledge on the part of individuals its type in the country. I am proud that this The 21st Century Community Learning Cen- and states, that these numbers are low Omnibus includes $50,000 in funding for ters program allows schools to address the respsentations of the actual number of those Steinway’s CAPE program. educational needs of its community through living with HIV and AIDS. Another area addressed by the Omnibus is after-school, weekend, and summer programs. In New York, the crisis is particularly acute. family planning within Title X programs. On After school programs enable schools to stay In 1998, there were 129,545 thousand re- October 26, I sent a letter to President Clinton, open longer, providing a safe place for home- ported AIDS cases and 80,408 reported AIDS signed by 53 of my colleagues, expressing our work centers, mentoring programs, drug and deaths. New York City AIDS cases represent support for Title X of the Public Health Service violence prevention programs, and rec- over 85 percent of the AIDS cases in New Act, the only federal program devoted solely to reational activities. Additionally, after school York State and 17 percent of the national total the provision of high quality contraceptive care programs enhance learning, increase commu- with 109,392 AIDS cases and 67,969 AIDS re- to almost five million low-income Americans. nity responsibility, and decrease youth crime lated deaths as reported in 1998. Title X has had a tremendous impact over the and drug use. I fully support the increase in My own Congressional District spans two years on reducing rates on unintended preg- Fiscal Year 2000 funding for the 21st Century Boroughs in New York City with rapidly grow- nancy and abortion as well as improving ma- Community Learning Centers program and ing AIDS cases. In the Bronx, the Pelham and ternal and child health. Primary care services only wish the there was more funding to en- Throggs Neck area covered by the 7th Con- provided by clinics receiving Title X funds able more schools to provide this much need- gressional District has report 3,045 AIDS range from contraceptive supplies and serv- ed service to our communities. cases and 1,957 deaths due to the AIDS virus ices to breast and cervical cancer screening, The Omnibus also increases funding for in 1998. In Queens, a Borough with a rapidly to anemia testing and STD/HIV screening. Head Start programs by 13 percent, bringing growing population, there are 6,962 AIDS I laud the Administration and the Republican funding for Fiscal Year 200 to $5.3 billion. As cases and 4,082 known dead from AIDS re- leadership for appropriating $239 million to the you know, Mr. Speaker, the Head Start Pro- lated causes as reported in 1998. Title X Family Planning program. This is a $24 gram was instituted in 1965 and has been re- Sadly, this horrible disease has dispropor- million increase from last year. However, I authorized through 2003. Head Start funds are tionately affected minorities. The majority of in- must express my disappointment with the ma- provided directly to local grantees and the pro- dividuals living with AIDS in New York City are jority on adding a provision to the Commerce- grams are locally designed and administered people of color. African Americans are more Justice-State section of the Appropriations by a network of 1600 public and private non- than eight times as likely as whites to have conference report, which allows physicians to profit agencies. Head Start has been an un- HIV and AIDS, and Hispanics more than four refuse to ‘‘prescribe’’ contraceptives on the equivocal success. A 1995 report by the Pack- times are likely. The most stunning fact I have basis of moral or religious beliefs. This is in ard Foundation presented evidence that high read comes from the U.S. Department of complete opposition to the provision passed quality early childhood education for low-in- Health and Human Services in October of by recorded vote in the FY 2000 Treasury come children produces long-term educational, 1998, when they reported that AIDS is the Postal Appropriations that provides contracep- economic, and societal gains. I have one such leading killer of black men age 25-44 and the tive coverage to federal employees covered by program in my district, The Little Angels Pro- second leading cause of death for black the Federal Employee Health benefits Plan. gram run by the Archdiocese of the Bronx, women aged 25-44. Together, Black and His- Mr. Speaker, I also want to take a moment which exemplifies the mission of the head panic women represent one fourth of all to address the measure which would give hos- start program and success of the Head Start women in the United States but account for pitals, nursing homes, home health care agen- program. Little Angels provides comprehen- more than three quarters of the AIDS cases cies and other health care providers relief from sive early childhood development, education, among women in the country. cuts in Medicare payments that were enacted health, nutrition, social and other services to I know we are making progress, Mr. Speak- in the 1997 Balanced Budget Act. low income preschool children and their fami- er. The number of AIDS cases reported each This agreement provides an estimated lies. I applaud the leadership for continuing to year in Queens and the Bronx is on the de- $12.8 billion over five years in additional Medi- support this essential early education and de- cline. This is in large part to the bipartisan care payments for hospitals, home health care velopment program. commitment by the House of Representatives agencies, managed care plans and other Under Health and Human Services pro- to funding research at NIH and programs health care providers to help them restore the grams, we once again expressed our support through the department of Health and Human 5.7 percent cut in payments to hospital out- for the research being done by the National Services. Now that we have had break- patient departments suffered as an unintended Institutes of Health, as well as AIDS programs throughs in treatment of HIV and delaying the result of the Balanced Budget Agreement of

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30701 1997. Additionally, I am happy that the con- final budget bill. My amendment would include line on expanding Government programs and ference committee was able to remove the urban minorities among the traditionally ‘‘un- is finally starting to pay down the national egregious provision in the House passed derserved populations’’ who are given priority debt. We are accomplishing these goals while version that would have severely impacted for services from the National Endowment for still meeting basic governmental responsibil- New York City’s teaching hospitals. Rather the Arts or awarding the NEA’s financial as- ities such as increasing Medicare payments to than take away much needed funds from sistance for projects and workshops that serve our hospitals and nursing homes by approxi- teaching hospitals that are perceived as re- these communities. mately $12 billion over five years, increasing ceiving a higher share of funds, the con- My language specifies that ‘‘underserved funding or education and health care pro- ference agreement reduces inflation adjust- populations’’ including African Americans, grams, and paying the United States overdue ments for hospitals with high doctor training Latino Americans, Asian Americans, and other commitments to the United Nations. This legis- costs. This cut is less than the original Sub- minority communities that are located in urban lation meets the basic needs of our country in committees bill, which in turn is less dev- areas should have equal access to Federal a responsible manner. astating to our hospitals. I urge Congress to arts funding. To help meet our goal of limiting the growth revisit this issue in the next year. This amendment will ensure that all Ameri- of Federal spending, his legislation includes a Finally, this Omnibus bill will also fund a cans will have equal access to the arts and 0.38 percent across-the-board spending re- number of key environmental priorities while at will fulfill the NEA’s mission to guarantee that duction which applies to all thirteen annual ap- the same time deleting several of the anti-en- no person is left untouched by the arts. propriations bill, saving taxpayers about $1.3 vironmental amendments that would have Projects targeted at urban youth will greatly billion. I support this type of ‘‘belt tightening.’’ been detrimental to the health and quality of help keep these young people off the streets, The Federal Government should find savings life of my constituents in Queens and the and away from the lure of drugs and crime. in every program to demonstrate to our con- Bronx. The arts also help to break down barriers, stituents that the Federal Government can cut I salute the conferees for providing funding bring communities together, and offer hope. waste and operate more efficiently. I know for the Land and Water Conservation Fund In conclusion, Mr. Speaker, the positive from my days as Governor of Delaware that (LWCF). Although the Congress was unable to funding increases outweigh the short amount every government agency can and should be provide all of the resources requested by the of time and offsets of this Omnibus bill. There- required to eliminate unneeded costs. White House, the approximately $470 million fore, I support the measure and urge its pas- When Republicans became the majority allocated for land acquisition, preservation and sage by the House of Representatives. party in Congress in January 1995, we prom- conservation is a solid first step. Mr. CASTLE. Mr. Speaker, I rise today in ised to reform and improve our education pro- It is my hope that next year, we will be cele- support of the conference report to H.R. 3194, grams to ensure that they help all children brating the passage of the Conservation and the FY2000 District of Columbia Appropria- reach their full academic potential—regardless Reinvestment Act (CARA) which will provide tions Act. This legislation encompassing the of their economic status or other personal even more badly needed funds for the Land five remaining appropriations bills for fiscal challenges. According to the nonpartisan Con- and Water Conservation Fund, urban parks year 2000—the Commerce, Justice and State gressional Research Service, in 1995 spend- and historic and wildlife preservation. These appropriations bill, the District of Columbia ap- ing for elementary and secondary education additional resources will greatly assist the peo- propriations bill, the Foreign Operations appro- programs totaled almost $15 billion, with all ple of my district. As the only New York mem- priations bill, the Interior appropriations bill, Department of Education programs funded at ber of the House Committee on Resources, I and the Labor, Health and Human Services $32.3 billion (fiscal year 1995). will continue my responsibility to the people of and education appropriations bill—is a good Since 1995, the House Education Com- my state in fighting for key environmental compromise that will address our Nation’s do- mittee, on which I serve, has worked to pro- projects like the LWCF. mestic and foreign policy priorities while re- vide unprecedented accountability and flexi- Further, I am pleased that the Urban and taining fiscal discipline. bility in the operations of these programs. That Community Forestry Program at the Depart- While I am concerned with the budget gim- effort paved the way for the bill the House of ment of Agriculture continues to receive stable micks that are being used to mask the size of Representatives will consider today. I am funding under this measure. Over the last four the overall spending in this package, I will pleased to report that this final appropriations years, the Urban and Community Forestry pro- support the legislation because I believe that bill provides $21 billion for elementary and gram (U&CF) has provided more than $1 mil- overall, this legislation will maintain a balanced secondary education programs and $39 billion lion to contain and prevent further tree loss budget and keep us on track toward budget for all Department of Education Programs—in- associated with Asian Longhorned Beetle out- surpluses in the future. This legislation rep- creases of 44 percent and 21 percent over fis- break in New York City. That includes pro- resents an attempt to do something that other cal year 1995 respectively. viding specially trained smoke jumpers to as- Congresses never attempted to do. By resist- Most important, this bill provides very gen- sist city foresters in checking the tops of trees ing the historic temptation to spend the Social erous funding for those programs that help all for beetle infestation where they are more dif- Security surplus, we have changed the terms children receive a quality education. Specifi- ficult to detect. U&CF has also provided tech- of debate in Washington. Future Congresses cally, it provides $8.7 billion for Title 1, the nical assistance to help city officials plant and will now work to maintain a balanced budget program that helps educate our most dis- care for trees that are resistant to the beetle and protect all of the Social Security trust fund advantaged students—an increase of $265 to prevent future outbreaks. We’ve lost over surplus. million over fiscal year 1999. In addition, State 1400 trees in Queens alone from the Asian Following the 1994 election, Congress in- grants for the education of children with dis- Longhorned Beetle, with more trees being in- herited a projected four-year budget deficit of abilities are increased $700 million over fiscal fested. This is why the Urban and Community $906 billion. In response, Congress with a Re- year 1999, bringing the total to $5.8 billion. Forestry program is so important. It aims to publican majority, worked to limit the growth of While this increase will not fully fund the Fed- provide increased green space and shade for Federal spending and the President joined us eral Government’s share for the education of our urban residents. in the 1997 balanced budget agreement. Lim- our disabled children, it will increase the per Additionally, this bill does not include some its on the growth of Federal spending and the pupil contribution to 13 percent—the highest of the more troublesome riders that were continued strong performance of our economy level in the history of the program. feared to be included in this Omnibus bill. helped to produce a net surplus of $63 billion In addition, this bill increases the maximum Specifically, there are no restrictions on the in the Federal budget in fiscal years 1996 Pell Grant for low-income college students to ability of the State of New York or the Federal through 1999. In fiscal year 1999 the Federal $3,300—$175 over fiscal year 1999. Finally, it government to sue coal-fired power plants in Government enjoyed a $123 billion surplus, provides $1.3 billion to help our local schools the Midwest that fail to comply with major and the surplus is growing as we begin fiscal and school districts reduce class size but also modifications provisions of the Clean Air Act. year 2000. Congress has ended the discre- provides the necessary flexibility to ensure Furthermore, I am pleased that an amend- tionary spending frenzy of the late 1980’s and that all teachers receive the training they need ment I offered to the original Interior bill last early 1990’s and Federal spending is more re- to impart a high quality education to our chil- summer pertaining to urban minorities and sponsible today. dren. their ability to receive grants from the National With the goal of protecting the Social Secu- This legislation also includes important fund- Endowment for the Arts was included in this rity trust fund surplus, Congress is holding the ing for Health and Human Services programs,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30702 CONGRESSIONAL RECORD—HOUSE November 18, 1999 such as Medicare, Medicaid, family support One of the weaknesses of this package is in all children in schools which are identified as services and health research. As part of our the Commerce, Justice, State appropriations ‘‘schools in school improvement’’ under Title I ongoing commitment to double biomedical re- bill. I opposed this bill when it passed the of the Elementary and Secondary Education search in five years, the appropriations bill House because it designated $4 billion in Act. While on its face, this provisions seem provides $17.9 billion for the National Insti- funding to conduct the 2000 census as ‘‘emer- beneficial, I am concerned about its impact on tutes of Health. This 15 percent increase over gency’’ spending that is not subject to the an- Title I and our nation’s schools. fiscal year 1999 will help ensure progress on nual spending limits. Although an accurate The statutory language of this provision all diseases, including diabetes and Alz- census is important, it is not a true unantici- does not specify how funds are distributed heimer’s. It also provides $3 billion, nearly pated emergency like a hurricane. Congress from the State to school district level. Pres- $264 million more than fiscal year 1999, for should responsibly budget for this and all fu- ently, 98.5 percent of Title I funds are distrib- disease prevention programs run by the Cen- ture censuses. this budget gimmick led to a uted directly to the local level. In addition, Title ters for Disease Control. This funding will help 7.8 percent increase in spending on this bill— I funds designated for the local, or school dis- prevent those chronic illnesses that result in far too much for a single year increase. De- trict level, have always been distributed via a death and major disability. spite this short coming, I am pleased that the targeted formula that provides the bulk of Of particular importance to many of Dela- bill privided increased spending on anti drug funding to the most disadvantaged areas. This ware’s hospitals, nursing facilities and other programs, legal aid programs for the poor, and provision’s departure from the current statutory providers, this bill also incorporates the budget programs to combat violence against women. focus opens the door to the elimination of tar- fixes of the Medicare Refinement Act. This Another highlight of this bill was its attention geting funds to the local level—a dangerous language ensures that America’s seniors will to the needs of farmers in the northeast. The step towards taking precious Federal funds continue to receive high quality health care by bill provides additional funds for farmers af- away from those who instruct our children on correcting the funding concerns that inadvert- fected by natural disasters, such as flood a day to day basis. I expect the Department ently arose as the result of the Medicare re- damage from Hurrican Floyd and crop loss of Education to issue regulations or guidance forms in the Balanced Budget Act of 1997. from this summer’s drought. which will target these funds to either the I am particularly pleased to note that the an- Furthermore, the bill contains measures to nual Medicare rehabilitation therapy caps will school districts with the highest numbers of ensure that Delaware’s dairy farmers are ade- be lifted entirely for the next two years. This schools in school improvement or through the quately compensated for the fluid mild they will ensure that those with multiple ailments existing Title I formula. supply to milk processors. I also have concerns over the mandate in can get the treatment they need to fully re- Finally, this legislative package contains the this provision to provide public school choice. cover while experts consider a better way to Satellite Home Viewer Act which benefit thou- implement payment modifications that address I do want to make clear that I support public sands of Delawareans. Legislation has been the real needs of rehabilitation patients. I am school choice as one of several tools which added to eliminating outdated restrictions on also pleased to note that this bill increases ac- local school districts may implement in their satellite TV companies that prohibit them from cess to cervical cancer screening through the efforts to improve student achievement. H.R. use of pap smears. By increasing the Medi- carrying local network television stations. 2, legislation passed by the House earlier this care reimbursement rate, we ensure that more Many Delawareans who rely on satellites to year reauthorizing Title I, also recognized the women will get the screening they need to receive quality TV reception must watch out- need to include public school choice provi- identify and treat problems before they be- of-State news shows due to their restrictions. sions in Title I, also recognized the need to in- come a threat to their health, their fertility or This legislation will bring them needed relief clude public choice provisions in Title I, but their lives. and allow them to be better informed about contained important provisions that would (1) I am disappointed that the compromise lan- local, state, and regional events. tie the requirement to implement public school guage in this bill does not reflect the Senate I strongly urge the congressional leadership choice to local school board policy, and (2) position on community health centers and the and the President to institute measures to ensure that school districts had adequate time prospective payment system, as these organi- allow Congress to finish its work on these to properly design public school choice plans zations play an important role in the delivery spending bills earlier in the year to avoid last by providing 18 months to implement such of health care in Delaware. That said, I believe minute deals that inevitably lead to more plans. In contrast, the provisions contained in these changes are an improvement on current spending. Strong budget enforcement mecha- this legislation would become effective imme- law and I hope that we can continue to move nisms, such as biennial budgeting and my pro- diately and are vague on whether local school legislation to strengthen the delivery of serv- posal for a ‘‘rainy day’’account for emergency board policy would be superseded. It is my ex- ices to our most at-risk populations. spending, should be considered in the next pectation that the Department of Education will This bill also goes a long way toward restor- session. issue guidance or regulations which ensure ing protections for the environment that were Mr. Speaker, this is not a perfect piece of that school districts can responsibly implement absent when the Interior appropriations con- legislation. It contains compromises that were this mandate in adequate time. ference report passed the House without my necessary to meet the President’s demands It is my hope that we can continue to refine support. Seven of the twenty-four anti-environ- and to reach agreement between Republicans the policy that will be implemented through the mental riders added by the Senate were and Democrats in Congress. Despite these enactment of this provision as we finish our stripped and the remaining riders were signifi- compromises, this legislation maintains our work on ESEA. cantly changed to reduce their threat to the hard-won commitment to fiscal responsibility Mrs. CAPPS. Mr. Speaker, I rise in support environment. The congressional leadership and a balanced budget. This commitment to of this legislation. was responsive to concerns I raised that Con- fiscal responsibility and a balanced budget. The bill before us addresses a number of gress should not attempt to prevent EPA en- This commitment will help protect the Social critical national and local priorities of which I forcement action against midwest electric util- Security trust fund and enable the rest of our will only highlight a few. It provides funding to ity companies whose emissions are polluting Government to meet the needs of all Ameri- continue putting 100,000 more teachers in our Delaware’s air and water. The judicial system cans in a fiscally responsible manner. classrooms. It will also allow school districts to is fully equipped to give these companies their Mr. KILDEE. Mr. Speaker, I rise to express use some of that money to meet other critical day in court to defend their actions. I am ex- my concern over one particular provision in educational needs like teacher training if those tremely pleased that this proposed rider was the FY 2000 Omnibus Appropriations Act pro- needs are more pressing. The bill also con- not included in the bill. Furthermore, the Inte- viding funding under the Elementary and Sec- tinues our commitment to put 50,000 more po- rior appropriation bill increases funding for our ondary Education Act’s Title I program for lice officers on our streets to fight crime. I national parks, our national wildlife refuges, school improvement and public school choice have been a strong supporter of the COPS and restoration efforts in the everglades. Fi- activities. program, seeing the benefits in numerous nally, the Interior bill contains funding for a Specifically, this provision would provide Central Coast cities like Santa Maria, Lompoc, program of particular interest to Delaware— $134 million in fiscal year 2000 to States, who Atascadero and Morro Bay. the stateside land and water conservation in turn would distribute 100 percent of this This bill also provides more money to the fund, which provides Delaware with funding for funding to school districts, for (1) activities to hospitals, doctors, home health agencies and its state parks and environmental land acquisi- provide assistance to schools which are failing nursing homes that take care of seniors in the tion programs. academically, and (2) public school choice for Medicare program. Cuts imposed by the 1997

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00067 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30703 Balanced Budget Act threaten the ability of and I oppose certain provisions in the bill. But, Mr. Speaker, the procedure used to create critical Central Coast health care providers to on balance, it represents a good compromise this wrap-up bill was most unusual, and while serve our seniors and this bill restores some and I urge its adoption. I know there are very positive provisions in the of that funding. The bill also contains some Mr. BLUMENAUER. Mr. Speaker, I will vote bigger package, there are also sins of both changes to the Medicare HMO program to en- against the Omnibus Budget Agreement be- omission and commission that have been dis- courage more coverage in underserved areas cause it continues a pattern of budgeting covered. But I wonder what sins may still be like the Central Coast. While I support these which I feel undermines the confidence and hidden from view since few have had the provisions, they don’t go far enough and I will credibility of the American public in one of the chance to read it through. continue to push for legislation to raise reim- most important congressional responsibilities For my part, however, I believe that our bursement rates in rural counties like San Luis we have—managing the people’s money. work has mostly been well done and I intend Obispo and Santa Barbara. I opposed the 1997 Balanced Budget to support the conference report. Mr. Speaker, there are three provisions of Agreement because it was clear there was no Mr. NADLER. Mr. Speaker, I rise today, as particular importance to my district that I would intention of implementing it. It was a ruse. Last a member of the Judiciary Committee, to ex- like to highlight. First, this legislation contains year, there was $35 billion in excess spending press my support for the American Inventors $100,000 for Santa Barbara’s Computers for at the last minute omnibus bill. This year, Protection Act of 1999, which is included as Families organization. Run by the highly re- there is no more time for analysis, and the Title IV of the Intellectual Property and Com- spected Santa Barbara Industry Education amount of money that is being gimmicked, munications Omnibus Reform Act. This act is Council and the Santa Barbara Office of Edu- manipulated and spent in violation of the included in the Omnibus spending package, cation, DFF refurbishes old computers and budget rules is up to $45 billion. H.R. 3194, that we are considering today. gets them into the homes of low-income fami- While there is much in the bill that I support, This patent reform measure includes a se- lies. This valuable program helps open the and while it has been made better due to he- ries of initiatives intended to protect the rights doors of opportunities for all in our community roic efforts on the part of the Administration of inventors, enhance patent protections and and this expansion will enable CFF to bring and the House Democratic leadership, it still reduce patent litigation. Perhaps most impor- this critical technology to more needy families. falls far short of the mark to which Congress tantly, subtitle C of title IV contains the so- The bill also provides $50,000 for the San should be accountable. I continue to hope that called ‘‘First Inventor Defense.’’ This defense Luis Obispo County Medical Society which, in the day will come when the budget process is provides a first inventor (or ‘‘prior user’’) with conjunction with the Volunteers in Health Care transparent, not larded with unfortunate a defense in patent infringement lawsuits, program and pharmaceutical companies, will spending decisions and is done in a fashion whenever an inventor of a business method provide prescription drugs for some under- that both Congress and the people we rep- (i.e., a practice process or system) uses the served seniors. Ensuring seniors’ access to resent can follow what we’re doing. Until that invention but does not patent it. Currently, pat- prescription drugs has been a priority of mine day, I feel it appropriate to vote no. ent law does not provide original inventors and this small program will help many needy Mr. SERRANO. Mr. Speaker, I rise in sup- with any protections when a subsequent user, seniors obtain the drugs they need to live a port of the conference report, and, in par- who patents the method at a later date, files quality life. ticular, of the final agreements on the pro- a lawsuit for infringement against the real cre- Finally, this legislation authorizes a study of grams of the Commerce, Justice, and State ator of the invention. the beautiful Gaviota Coast in Santa Barbara Departments, the Judiciary, and the related The first inventor defense will provide the fi- county. This will allow the National Park Serv- agencies under our Subcommittee’s jurisdic- nancial services industry with important, need- ice, working in conjunction with Central Coast tion. ed protections in the face of the uncertainty ranchers and preservation groups, to deter- This has been a difficult process, Mr. presented by the Federal Circuit’s decision in mine how we can best protect one of the last Speaker, with more perils than Pauline, but at the State Street case. State Street Bank and undeveloped stretches of California’s coast. each step of the way the Commerce-Justice Trust Company v. Signature Financial Group, This provision is based on the Gaviota Coast bill has been improved, first under the capable Inc. 149 F.3d 1368 (Fed. Cir., 1998). In State Act of 1999, which I introduced earlier this leadership of our Chairman, the gentleman Street, the Court did away with the so-called year. I must note, however, that there are items in from Kentucky (Mr. ROGERS) and finally in ne- ‘‘business methods’’ exception to statutory pat- this legislation that I do not support. For exam- gotiations with the Administration. entable subject matter. Consequently, this de- ple, the bill inappropriately restricts funding to I must repeat what others have already cision has raised questions about what types international family planning organizations. said, that the Committee and Subcommittee of business methods may now be eligible for This shortsighted provision will keep life sav- chairmen and ranking Democrats, our staff, patent protection. In the financial services sec- ing family planning services from poor women and the President’s staff have worked long tor, this has prompted serious legal and prac- around the world. and hard, day and night, weekday and week- tical concerns. It has created doubt regarding While the bill does increase funding at the end, to get us to this point. And don’t forget whether or not particular business methods National Institutes of Health and continues us that the staffs often stay hours longer when used by the industry—including processes, on a track to double the agency’s overall fund- members go home. We owe the staff an enor- practices, and systems—might now suddenly ing, it still delays some $4 billion in NIH fund- mous debt of gratitude. become subject to new claims under the pat- ing until the end of the fiscal year. This delay Mr. Speaker, Chairman ROGERS has ex- ent law. In terms of every day business prac- will actually have the effect of cutting the in- plained our part of this package, but I will just tice, these types of activities were considered crease in NIH funding and could slow critically note that there is more money for COPS, for to be protected as trade secrets and were not important medical research. SBA, for NOAA, for various civil and employ- viewed as patentable material. I am also deeply disappointed in the proc- ment rights activities, and that most of the Mr. Speaker, the first inventor defense ess that has brought us a bill that funds nearly President’s funding priorities have been ad- strikes a fair balance between patent law and half of the government programs at one time. dressed. trade secret law. Specifically, this provision This process does not allow Members to prop- Of special importance, in my view, is that creates a defense for inventors who (1) acting erly study the details of the legislation. I fear the resources and authority are provided to let in good faith have reduced the subject matter that over the next several days and weeks we the U.S. pay a substantial portion of the ar- to practice in the United States at least one will be appalled at special provisions that have rears due the UN. This avoids loss of our vote year prior to the patent filing date (‘‘effective been tucked into this bill for special interests. in the UN General Assembly and enhances filing date’’) of another (typically later) inventor; Taxpayers deserve more respect from Con- our leverage over both UN policies and activi- and (2) commercially used the subject matter gress in the way it spends their money. This ties in the world and the management of the in the United States before the filing date of is not the way the House should do business. UN itself. the patent. Commercial use does not require I urge the leadership of this House to begin But the price for this victory may be the that the particular invention be made known to work today on a bipartisan basis to ensure lives and health of women all over the world. the public or be used in the public market- that we do not end up in this position again This is very troubling. place—it includes wholly internal commercial next year. We were not able to include a Hate Crimes uses as well. Mr. Speaker, this bill is far from perfect. I provision, but I hope this issue can be taken As used in this legislation, the term ‘‘meth- have serious reservations about the process up in the next session. od’’ is intended to be construed broadly. The

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00068 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30704 CONGRESSIONAL RECORD—HOUSE November 18, 1999 term ‘‘method’’ is defined as meaning ‘‘a meth- vehicles, and e-commerce generally. The pat- retary of Health and Human Services to allow od of doing or conducting business.’’ Thus, ent law was never intended to prevent people home health agencies to use technology to ‘‘method’’ includes any internal method of from doing what they are already doing. While supervise their branch offices. This language doing business, a method used in the course I am very pleased that the first inventor’s de- also calls on the government to allow home of doing or conducting business, or a method fense is included in this legislation, it should health agencies to determine the adequate for conducting business in the public market- be viewed as just the first step in defining the level of on-site supervision of their branch of- place. It includes a practice, process, activity, appropriate limits and boundaries of the State fices based on quality outcomes. I need not or system that is used in the design, formula- Street decision. This legal defense will provide remind my colleagues that Congress is ex- tion, testing, or manufacture of any product or important protections for companies against pecting home health agencies to operate effi- service. The defense will be applicable against unfair and unjustified patent infringement ac- ciently under greatly reduced Interim Payment method claims, as well as the claims involving tions. But, at the same time, I believe that it System (IPS) and Prospective Payment Sys- machines or articles the manufacturer used to is time for Congress to take a closer look at tem (PPS) reimbursement. It is therefore nec- practice such methods (i.e., apparatus claims). the State Street decision. I hope that next year essary that home health agencies be allowed New technologies are being developed every the Judiciary Committee will consider holding the flexibility to establish and serve large serv- day, which includes technology that employs hearings on the State Street issue, so that ice areas by utilizing cost efficient branch of- both methods of doing business and physical Members can carefully evaluate its con- fices. apparatus design to carry out a method of sequences. My district includes many rural areas which doing business. The first inventor defense is Mr. CLAY. Mr. Speaker, I am pleased this are experiencing access problems due to the intended to protect both method claims and Omnibus bill rejects the devastating cuts on Health Care Financing Administration’s apparatus claims. seniors, children, and young adults proposed (HCFA’s) home health branch office policies When viewed specifically from the stand- only last month by the Republican majority. affecting time/distance limitations and on-site point of the financial services industry, the The Labor/HHS portion of this bill, which adds supervision requirements. In many cases, term ‘‘method’’ includes financial instruments, $7.3 billion over last year’s bill, more appro- these requirements do not recognize tech- financial products, financial transactions, the priately reflects the overwhelming public sup- nology advances. In order to ensure that sen- ordering of financial information, and any sys- port for increased investment in education and ior citizens in rural areas have access to qual- tem or process that transmits or transforms in- fairness in the workplace. ity home care, it is vital that any regulations on formation with respect to investments or other I am particularly pleased that the Conferees home health care branch offices promulgated types of financial transactions. in this context, decided to continue funding the Clinton/Clay by the Health Care Financing Administration it is important to point out the beneficial effects Class Size Reduction Program, which will hire (HCFA) evaluate the offices by quality of out- that such methods have brought to our soci- 100,000 new, highly qualified teachers nation- come instead of arbitrary administration re- ety. These include the encouragement of wide. I am particularly pleased that the Con- quirements and restrictions. In conclusion, Mr. Speaker, I reiterate my home ownership, the broadened availability of ferees rejected the Republican plan to divert support for the report language accompanying capital for small businesses, and the develop- class size funds into block grants, which could H.R. 3075 urging the use of outcome instead ment of a variety of pension and investment have been used for private school vouchers of arbitrary requirements and restrictions, to opportunities for millions of Americans. and purposes unrelated to class size reduc- determine a home health care agency’s ability As the joint explanatory statement of the tion. to establish and supervise branch offices. Conference Committee on H.R. 1554 notes, The Conference report provides an increase Mr. COSTELLO. Mr. Speaker, I rise today in the provision ‘‘focuses on methods for doing from $1.2 billion to $1.3 billion for class size opposition to H.R. 3194, the Omnibus Appro- and conducting business, including methods reduction, it continues class size reduction as priations Bill of 1999. This bill is a travesty, a used in connection with internal commercial a separate program, and it ensures that such massive symbol of the failure of this Congress operations as well as those used in connec- funds are targeted to the neediest public to accomplish its most basic goal—passage of tion with the sale or transfer of useful end re- schools. The agreement also includes the the 13 appropriations bills by September 30, sults—whether in the form of physical prod- Democratic plan to ensure that all teachers the end of the fiscal year—on time and in ucts, or in the form of services, or in the form become fully certified, and it continues the order. Instead, we have lumped together nu- of some other useful results; for example, re- program’s flexibility to use funds for teacher merous pieces of legislation, as well as five sults produced through the manipulation of recruitment and professional development in appropriations bills, and slapped them to- data or other inputs to produce a useful re- order to reduce class sizes. gether like a giant Thanksgiving turkey to sult.’’ H. Rept. 106–464, p. 122. It also provides new provisions, strongly ad- present to the American people. The language of the provision states that vocated by President Clinton, that allows $134 The process by which we come to this vote the defense is not available if the person has million in Title I funds to be used to improve on this House. This bill—over a foot high, hun- actually abandoned commercial use of the low-performing schools. dreds of pages thick and in its final form with subject matter. As used in the legislation, The conference report also increases invest- only a few copies available to all 435 mem- abandonment refers to the cessation of use ment in critical education and labor initiatives bers—was filed at 3:00 a.m. this morning. with no intent to resume. Intervals of non-use above the last conference agreement. It pro- Members of this Chamber have not had the between such periodic or cyclical activities vides $454 million for After School Centers, an opportunity to read or even review this legisla- such as seasonable factors or reasonable in- increase of $154 million over the vetoed bill tion. No one knows what kind of special-inter- tervals between contracts, however, should and $254 million over 1999. It provides $8.6 est boondoggles lie in the text of this bill, and not be considered to be abandonment. billion for Title I grants for the disadvantaged, no one will know for days to come. As noted earlier, in the wake of State Street, an increase of $144 million over the vetoed bill The majority in this House even voted to thousands of methods and processes that and $265 million over 1999. It provides $136 suspend the rules that govern the budget have been and are used internally are now million for Historically Black Colleges and Uni- process by forbidding the Congressional subject to the possibility of being claimed as versities, an increase of $7.25 million over the Budget Office to ‘score’ this bill, which would patented inventions. Previously, the busi- vetoed bill and $12.7 million over 1999. It also let members know just how much all of these nesses that developed and used such meth- provides $7.7 billion for Pell Grants to fund a provisions will cost the taxpayers. According to ods and processes thought that secrecy was maximum award of $3.300—the same as the the last CBO estimate of this bill, the majority the only protection available. As the con- vetoed bill and a $175 increase over 1999. would pass a bill that breaks their promise to ference report on H.R. 1554 states: ‘‘(U)nder In the Labor area, the bill provides $11.3 bil- leave untouched the Social Security Trust established law, any of these inventions which lion—$54 million over the vetoed bill, and Fund. CBO recently said this bill would use have been in commercial use—public or se- $389 million over 1999. $15 to $17 billion of the Trust Fund—and who cret—for more than one year cannot now be I urge support for the bill. knows just how much this Congress will raid the subject of a valid U.S. patent.’’ H. Rept. Mr. PAUL. Mr. Speaker, I wish to take this from the Trust Fund once this bill in its final 106–464, p. 122. opportunity to express my agreement with lan- form is enacted. Mr. Speaker, patent law should encourage guage contained in the report accompanying Finally, it exceeds all of the budget caps put innovation, not create barriers to the develop- H.R. 3075, which was included in the Omni- into place in 1997 to balance the federal budg- ment of innovative financial products, credit bus Appropriations bill, encouraging the Sec- et, stretching credibility and the imagination by

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30705 declaring things like the Head Start program— weeks ago. But I said at that time that more necessary and vital to the health of our na- begun in 1964—as an ‘emergency,’ along with needed to be done to adequately address un- tion’s senior citizens. the census, operations of the Pentagon and fair cuts in Medicare. This budget puts pork Specifically, these provisions include a sec- other basic functions of government. If we in- barrel projects before funding for home health tion based upon legislation, H.R. 1224, which tend to ‘bust the budget caps’ and declare care, hospitals and nursing homes, and this is I have sponsored, along with Representative them obsolete now that we have a budget sur- wrong. CARDIN, to ensure fair and equitable Medicare plus, we should do so in an honest way and Mr. Speaker, this Congress opened with a funding for residents being trained to be physi- be straight with the American people. bipartisan commitment to preserving the integ- cians. Section 541 of Title V of this bill would, There are some good provisions in this leg- rity of the Social Security system. This budget for the first time, ensure that teaching hos- islation, along with the bad provisions. It pro- does not live up to that commitment. Pro- pitals, such as those at the Texas Medical vides the President with his priorities of tecting and strengthening Social Security and Center, will receive higher Medicare reim- 100,000 new teachers and tools to create Medicare are top priorities for the families I bursements for their physician residents. smaller teacher/student classrooms; 50,000 represent and this budget does not pass the Under current law, these graduate medical more police on America’s streets; and a much- test. I urge my colleagues to oppose this legis- education resident payments are based upon needed pay raise for military personnel. lation. hospital-specific costs. As a result, teaching However, there is no reason why this Con- Mr. BENTSEN. Mr. Speaker, I rise today in hospitals in Texas currently receive as much gress could not have passed these initiatives support of the conference report on the omni- as six times less than those paid to hospitals in a deliberative manner with full debate in this bus Fiscal Year 2000 Appropriations Bill for in New York. This provision would House, instead of in this format. Instead, the the District of Columbia, the Departments of fix this equity by establishing three new tiers majority has cobbled together a massive Labor, Health and Human Services, Edu- of payments for residencies. For those teach- Thanksgiving turkey of a bill, to present to the cation, Commerce, Justice, State, Interior, and ing hospitals whose payments are more than American people in one whole form to avoid Foreign Operations. 40 percent above the national average, their the scrutiny that would mean the death of Unfortunately, Mr. Speaker, the process GME payments would be frozen for Fiscal some of the more controversial provisions in which brought about this omnibus bill makes a Year 2001 and 2002. From Fiscal Year 2003 this legislation. These are the same leaders mockery of regular order in this House. Over to 2005, their payments would be reduced by that told the American people that if they were seven weeks into the new fiscal year, and re- a factor of market basket minus 2 percent. For in charge they would pass a budget on time, quiring an array of accounting gimmicks pur- those hospitals whose payments are less than with 13 appropriations bills passed separately, porting to stay within the budget caps, my col- 40 percent of the national average, their pay- without spending any of the Social Security leagues on the other side of the aisle should ments would be increased to at least 70 per- Trust Fund. Their failure to keep their word be ashamed of themselves for bringing such a cent of the national average. has resulted in this bill, which I urge my col- monstrosity forward at this eleventh hour. Fil- This bill also includes a modified version of leagues to oppose. ing conference reports at three in the morning legislation, H.R. 1483, which I have spon- Ms. STABENOW. Mr. Speaker, I rise today and then insisting that we pass legislation sored, along with Representative CRANE, to in opposition to this bill and the process that which no one has had the opportunity to com- provide graduate medical education funding brought it to the floor. My primary concerns prehensively review serves no useful purpose for nursing and paramedical education pro- are that we have not received sufficient guar- other than to convey to the American people grams. Under existing law, Medicare pay- antees that the Social Security surplus is pro- how incapable the majority is of effectively ments for nursing and paramedical graduate tected, and we have not extended the Social governing. Their display of ineptitude is, how- medical educational programs are based upon Security Trust Fund for even one day. Prior to ever, a perfect ending to a session of Con- the number of traditional Medicare patients consideration of this package, the Congres- gress that will long be remembered as one of seen at these teaching hospitals. As more sional Budget Office certified that Congress missed opportunities to address the needs of Medicare patients enroll in Medicare managed was on pace to spend $17 billion from the So- Americans. Included in this graveyard of dead care plans, many of these patients are no cial Security Trust Fund in Fiscal Year 2000. legislation are such important initiatives as a longer seen at these facilities. As a result, Given that the offsets in this bill do not reach patients’ bill of rights, prescription drugs for teaching hospitals receive less funding for this level, and that this bill relies on numerous the elderly, and substantive reform of Medi- these nursing and paramedical programs. H.R. questionable budget gimmicks geared to mask care and Social Security. 1483 would carve out a portion of the payment the overall effect on Social Security, I cannot This bill caps this Congress’ departure from paid to Medicare managed care plans and support it. At the same time, there are numer- the 1997 Balanced Budget Act which I helped transfer these funds to those hospitals with ous examples of wasteful, unnecessary write and supported. Because of that bill and these teaching programs similar to the manner spending projects—money that would be bet- previous actions, the Nation today enjoys both in which physicians training programs are ter spent on Social Security and Medicare. a budget surplus and good economic times. paid. Under this conference report, teaching What makes the above problems all the Early in the year, however, the Republican hospitals with nursing and paramedical teach- more tragic is that there are many positive as- Leadership determined to increase funding for ing programs will receive $60 million in new pects to this measure. As a sponsor of the defense, agriculture, education; much of it jus- funding. Regrettably, this funding will not come COPS 2000 legislation, which will authorize tified, but in excess of the 1997 caps. Rather from Medicare managed care plans. Rather, the placement of 50,000 additional police offi- than honestly explaining this to the American this funding would be transferred from physi- cers on our streets, I am especially pleased people, the Republican Leadership chose in- cians training programs. As a result, teaching that a down payment on this funding is in- stead to engage in budget gimmicks and sub- hospitals with both physician and nursing cluded in this bill. In addition, money to add terfuge as is evident today. Unfortunately, at training programs will receive no new net 100,000 new teachers to our schools to re- this late hour, they have held hostage must- funding. I will continue working to restore to duce class size is also included, as well as an pass initiatives related to health care, general original funding stream so that Medicare man- increased commitment to the Lands Legacy government, foreign policy and education. Be- aged care plans contribute toward the cost of Initiative, which will protect our natural areas. cause of that fact, and the fact that we con- these training programs. I voted for funds to help implement the Wye tinue to maintain a balanced budget and dedi- Other important Medicare provisions include River peace agreement when they were con- cate the vast majority of the projected surplus adjustments to ensure the higher costs of sidered previously, and I would like to be able to debt reduction, I will support this conference training our nation’s physicians. This provision to vote for them today. This bill restores re- report. Many of the items contained in the bill would increase Medicare reimbursements for sources, at least modestly, to our hospitals, are too important to be allowed to lapse. Indirect Medical Education (IME) costs. The nursing homes, and home health facilities that For instance, this bill includes clarifications conference report provides an IME reimburse- have been negatively impacted by the Bal- and corrections to the Medicare changes con- ment of 6.5 percent in Fiscal Year 2000, 6.25 anced Budget Act of 1997, but it does not do tained in the 1997 Balanced Budget Act which percent in Fiscal Year 2001, and 5.5 percent enough to solve the long term problems with exceeded spending reduction targets at the thereafter. Under existing law, these IME pay- Medicare reimbursement levels. I have been a expense of our seniors and teaching hospitals. ments would be reduced to 5.5 percent. These leader of this effort, and I voted for similar pro- This bill provides $12.8 billion over five years provisions are estimated to save hospitals visions when they passed the House a few in new funding for Medicare reforms which are $700 million over five years.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00070 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30706 CONGRESSIONAL RECORD—HOUSE November 18, 1999 I am also pleased that this conference re- my district. Currently, NIH funds only one in tions, by meeting our commitments to the Mid- port includes language to provide higher reim- three of peer-reviewed medical research dle East peace process, and by making critical bursements for pap smears. Under existing grants and many potential cures and treat- investments in debt relief for the poorest coun- law, Medicare reimbursements for pap smears ments go undiscovered. tries of the world. Of critical importance is the are $7.15 each. This bill would increase this While I am grateful for the increase, I am $1.8 billion to fund the United States’ commit- reimbursement level to $14.60 per pap smear. concerned that the Republican majority con- ment to the Wye River Agreement. For dec- This reimbursement level has not been in- tinues to insist on a budget gimmick to delay ades, the U.S. has worked with Israel—our creased for many years and will help to en- up to $3 billion in NIH’s budget until the final most consistent Middle East ally—to provide sure that senior citizens receive this important day of the next fiscal year. As a result, some the aid and military equipment necessary to preventive health test. This provision also cov- medical research grants will be delayed. This defend itself against hostile neighbors. The ers the new pap smear technology so women is better than an earlier proposal to delay $7.5 funds appropriated in this year’s budget send would be eligible to receive these state-of-the- billion, but it is still counterproductive to speed the message that the United States is a full art tests which have a better record of finding up research for cures to diseases like juvenile partner in securing a lasting peace in the Mid- and diagnosing ovarian cancers. The Con- diabetes and AIDS. dle East. gressional Budget Office estimates that this I am also pleased that this conference re- This budget continues the Administration’s provision will cost $100 million over five years port includes funding for a project which I COPS program by including funding to help and $300 million over ten years. I am pleased have been working on to provide $500,000 for local communities hire up to 50,000 police na- that Congress has decided to provide the in- the Center of Excellence for Research on tionwide. This program has been tremen- vestment for many women whose lives will be Mental Health (CMRH) to the University of dously successful in Harris County helping the saved by this test. Texas MD Anderson Cancer Center in my dis- County, and some of its cities including vir- This conference report also includes a provi- trict. This Center would build upon the Institute tually all those in my district, more than 1,000 sion to ensure that the State of Texas can of Medicine report issued earlier this year indi- police positions to fight crime. keep $27 million to help states conduct out- cating that there is a disproportionate share of This bill also includes important funding for reach identifying Medicaid eligible children. minority and medically under-served patients the Immigration and Naturalization Service The State of Texas has the highest uninsured who suffer from cancer and other health re- (INS) to combat illegal immigration and admin- rate of 24.5 percent of its population. The lated diseases. The CRMH would establish a ister legal immigration both functions of gov- Texas Department of Health has determined multi-disciplinary center for excellence in ernment terribly important to the people of the that 800,000 of the 1.4 million uninsured chil- basic, applied, and clinical research to help 25th District. The bill also funds the upcoming census, which is important to government and dren are eligible for, but not enrolled in, Med- meet the unique health-related challenges of commerce. icaid. Under existing law, the State of Texas minority and under-served populations. The Mr. Speaker, this is by no means a perfect and other states would lose up to $500 million goal of this Center would be to improve the bill and the process has been deplorable. on December 31, 1999 because of a sunset low mortality rate among minority and medi- However, this bill does meet important prior- provision in the Welfare Reform Act of 1995. cally under-served populations, and to trans- ities in health care, education, crime control, This measure eliminates this deadline while late these methods to other minority and immigration, general government and foreign ensuring that the State of Texas get the re- under-served areas nationwide. affairs. Furthermore, this bill ensures that we This omnibus measure also contains lan- sources it needs to identify and enroll Med- maintain a balanced budget, dedicating the icaid-eligible children. guage which I requested to help ensure that surplus to debt retirement and preserving its The conference report further includes $150 the National Institutes of Health (NIH) is con- use for strengthening Social Security and million in Medicare reimbursements for im- ducting sufficient research on breast and ovar- Medicare in the future. On that basis, I urge munosuppressive drugs. Under existing law, ian cancer among women of Askenazi descent my colleagues to support its passage. Medicare beneficiaries can only receive three who carry the BRCA1 gene. There is an ab- Mr. BLILEY. Mr. Speaker, I also want to years of immunosuppressive drugs following a normally high incidence of breast and cervical take this opportunity to explain to my col- lifesaving transplant operation. However, all of cancer among Azkenazi Jewish women. This leagues an important change made to the Sat- these patients must take these drugs indefi- research will help to identify and isolate some ellite Home Viewer Improvement Act of 1999 nitely. I have cosponsored legislation, H.R. of the reasons for this high incidence of can- since the Conference Report was considered 1115, to eliminate this 3-year restriction. The cer. This conference report urges the NIH to on the floor last week. As my colleagues conference report would provide eight months provide funding for a binational program be- know, I had been concerned that sections of additional coverage for these life-sustaining tween the United States and Israel estab- 1005(e) and 1011(c) of the Conference Report drugs in Fiscal Year 2001 and 2002. In addi- lishing a computerized data and specimen could unfairly discriminate against Internet and tion, this funding permits the Secretary of sharing system, subject recruitment and reten- broadband service providers and, in doing so, Health and Human Services to extend this tion programs, and a collaborative pilot re- would stifle the development of electronic coverage up to $150 million over five years. search program. commerce. I was particularly concerned that Although the 3-year restriction was not elimi- I am also pleased that this budget agree- these provisions could be interpreted to ex- nated, I believe that this extension is important ment makes education a top priority by pro- pressly and permanently exclude any ‘‘online because it means that Medicare beneficiaries viding $1.3 billion to hire and train 100,000 digital communication service’’ from re- can receive the prescription drugs they need. new teachers to help lower class size in the transmitting a transmission of a television pro- For many Medicare beneficiaries, these im- early grades. This is truly good news for our gram or other audiovisual work pursuant to a munosuppressive drugs are extremely expen- children and for their future. We know that compulsory or statutory license. sive and a financial burden. Many of these school enrollments are exploding and that Under the agreement embodied in the bill transplant operations are conducted at the record numbers of teachers are retiring. Every before us, these provisions were deleted, and teaching hospitals in my district at the Texas parent and teacher in America knows that a rightly so. They were essentially added after Medical Center. I will continue to work to ex- child in a second-grade class with 25 students agreement had been reached on the funda- tend this coverage indefinitely for those who will not get as much attention as he or she mental parameters of the Satellite Home View- need it. needs and deserves. Overall, this plan means er Improvement Act, without any consultation As a Co-Chair of the Congressional Bio- more teachers with higher educational creden- with the Committee on Commerce and, equal- medical Caucus, I am pleased that this bill will tials—and for students, more individual atten- ly important, without any record evidence sub- provide a total of $17.9 billion, or $2.3 billion tion and a better foundation in the basics. I am mitted about their necessity. The committees more for biomedical research at the National also pleased that this budget doubles funds of jurisdiction will now have an opportunity to Institutes of Health (NIH). This fifteen percent for after school and summer school programs give deliberate and careful consideration to increase is the second down payment on our while supporting greater accountability for re- the application of the Copyright Act to the efforts to double the NIH’s budget over five sults by helping communities turn around or Internet and broadband service providers. The years. This increase is necessary to ensure close failing schools. importance of the Internet and other online adequate funding for cutting-edge research This omnibus measure also strengthens communications technologies for enhancing such as the Human Genome Project being America’s role of leadership in the world by consumer access to information and program- conducted at Baylor College for Medicine in paying our dues and arrears to the United Na- ming cannot be overstated. Online technology

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00071 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30707 has transformed the way consumers receive tecting the Social Security surplus and paying was filed in the early hours of this morning. I information, including audiovisual works. Be- down the debt over the next five years. am confident that very few if any Members cause rapid technological changes are having The negotiating process did establish a very were able to read it all. Yet that is how it was, an ever more positive impact on our economy, valuable precedent as a result of the adminis- and we had to vote it up or down, with only it is thus essential that we give full attention to tration’s commitment to offset all increased limited time for debate and no chance to this issue early next year. spending they requested. Since the adminis- change it. Mr. STENHOLM. Mr. Speaker, as with any tration proposed offsets for all of their in- This is not the way we should do our work. compromise legislation, the final budget agree- creased spending requests, any spending While we are already more than two weeks ment has both very positive aspects and very above the discretionary spending caps and late, today we passed yet another continuing troubling features. The agreement provides any spending out of the Social Security sur- resolution to keep the agencies covered by funding for several high priority spending plus was a result of the legislation passed by this bill operating. So we had some time—and items, particularly rural health care and edu- the Majority in Congress prior to the budget we should have taken the time to do things cation. In addition, the agreement preserves negotiations. the right way. increases in programs affecting agriculture, The failure to put together a long-term budg- However, the majority’s leadership decided veterans, defense and other priority areas. et framework has produced a bill that will to reject that more orderly way of proceeding. However, it falls far short of the standards of cause real problems for the budget process We had to choose a simple yes or no. And, fiscal responsibility that were set forth in the next year and beyond. The cumulative effect after careful consideration, I decided to vote Blue Dog budget and will create serious prob- of the budget legislation passed by Congress against this bill. lems for the budget process that will begin this year in the absence of a long-term plan This was not an easy decision. In reaching next year. will make it virtually impossible to comply with it, I was conscious of many good things that This package provides much-needed relief the discretionary caps in the next two fiscal were in the five appropriations bills and the for rural hospitals, nursing homes, community years or balance the budget without counting other measures that were rolled into this one health centers, rural health clinics, home Social Security. The discretionary spending large, indigestible lump. health agencies, and other health care pro- caps in statute have lost much of their credi- The bill has many provisions that are good viders who have struggled to cope with the im- bility as a tool to restrain spending. for the country—and, in fact, some of par- pact of the Medicare payment reductions in- As a result of all of the budget gimmicks ticular benefit for Colorado as a whole and my cluded in the Balanced Budget Act of 1997. placed in the spending bills passed by the Ma- own district in particular. Many of them were Along with my colleagues in the House Rural jority before the budget negotiations began, things that I have sought to have included. Health Care Coalition, I introduced the Triple the final agreement will result in spending at For example, under the bill the National A Rural Health Improvement Act, legislation least $17 billion of the Social Security surplus Oceanographic and Atmospheric Administra- intended to help rural health care providers in 2000 and will put us on a course to spend tion (NOAA) will receive an appropriation of continue to provide vital services to rural sen- a similar or greater amount of the Social Se- $2.3 billion, up 8% from last year and nearly iors. I am pleased that this package includes curity surplus in 2001 and consume more than 20% more than in the House-passed bill. This a number of the important rural health provi- 75% of the projected on budget surplus in is something that I worked to achieve, and sions that we included in our legislation. 2002. something I strongly support. Specifically, this bill includes protection for When the timing shifts, emergency designa- Further, the National Institute of Standards low-volume, rural hospitals from the dispropor- tions, and delays in the starting point for and Technology is funded at $639 million, tionate impact of the hospital outpatient pro- spending are taken into consideration, these which is about 1.3% less than in fiscal 1999 spective payment system, an alternative pay- bills put us on a path for an on-budget deficit but an increase of 46% above the amount in ment system for community health centers of at least $20 billion in fiscal year 2001 and the House-passed bill. This includes funding and rural health clinics, reforms of the Medi- will reduce the fiscal year 2002 projected sur- for the Advanced Technology Program (ATP), care Rural Hospital Flexibility/Critical Access plus from approximately $82 billion to approxi- which has been zeroed out in the House- Hospital program, expansion of Graduate mately $13 billion in fiscal year 2002. passed bill. These appropriations are very im- Medical Education opportunities in rural set- My fellow Blue Dogs and I have advocated portant. Their inclusion is something I worked tings, Rebasing for Sole Community Hospitals, locking up a portion of the projected on-budget to achieve and I would have liked to have Extension of the Medicare Dependent Hospital surpluses to reduce debt held by the public to been able to support them. program, and permitting certain rural hospitals effectively pay back the money borrowed from I also would have liked to have been able in urban-defined counties to be recognized as the Social Security trust fund. The impact the to support the amounts the bill provides for the rural for purposes of Medicare reimbursement. final budget agreement will have on the on- Department of the Interior and the Forest The most significant accomplishment of the budget surplus in the next two years would Service. Again, I have been working to provide budget process this year is the success of fis- have been mitigated if it was accompanied by these agencies the resources they need to cally responsible Members to block efforts to a solid commitment to repay any monies bor- properly manage our federal lands and to help spend the projected surpluses over the next rowed from the trust fund to meet operating in the crucial job of protecting our open ten years on tax cuts or new entitlement expenses through additional debt reduction. spaces against growth and sprawl. spending. The bulk of the projected surpluses Unfortunately, the Majority leadership never And I very much would have liked to have over the next ten years are preserved for debt seriously considered this approach. been able to vote for the bill’s funding for edu- reduction. I intend to join with my fellow Blue The outcome of the budget process this cation and its provisions to improve health Dogs next year to renew our efforts to lock up year underscores the critical importance of de- care for seniors and other Americans. Nothing half of these projected surpluses for debt re- veloping a responsible budget plan that ad- is more important for our society, and nothing duction. In spite of all of the budget gimmicks dresses the long-term problems of Social Se- is more important for me. And the bill includes and other fiscal shortcomings of this budget curity and Medicare and provides for a reduc- other good things as well. agreement, our successful vigilance in other tion in the national debt in addition to pro- However, on balance, I decided that the efforts will result in a reduction of at least viding room for tax cuts and priority programs. bill’s virtues were outweighed by its faults. $130 billion in debt held by the public, fol- I am committed beginning work early next They were outweighed by the fact that the lowing on the $123 billion in debt reduction year with the administration and Congres- bill includes an arbitrary reduction across achieved in fiscal year 1999. sional leadership on a bipartisan budget many departments and agencies which is not Sadly, this particular budget agreement is a framework. only totally unnecessary but also very unbal- product of a terribly flawed process. Instead of Mr. UDALL of Colorado. Mr. Speaker, I want anced—even unfair—in the way it’s structured. spending the first eight months of the year de- to explain why I voted the way I did on this It isn’t really across-the-board: for example, in bating a fiscally irresponsible tax cut that was bill. the defense department it will not apply to pro- destined to be vetoed, Congress should have First, I had very serious concerns about the tected pork-barrel items and thus will fall on been working with the administration to de- way in which this bill came before the House. operations and maintenance that are really the velop a responsible budget plan for the next It was a far-reaching measure, rolling into one key to our national security. And, apparently five years. We should have set realistic spend- oversize pile not just five appropriations bills just to make it even worse, it does not apply ing caps and establish a framework for pro- but also several important authorization bills. It to Congressional pay, so that come the first of

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00072 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30708 CONGRESSIONAL RECORD—HOUSE November 18, 1999 the year we will get a cost-of-living increase— cords, provide critical debt relief for the world’s Community Learning Centers have been suffi- something that I voted against—without any poorest nations, increase payments to Medi- ciently funded. Additionally, I am supportive of reduction. That was something I could not care health care providers and secure land ac- increased funding for student financial aid. support. quisition for the purposes of environmental These investments in education are the smart- The bill’s virtues were also outweighed by protection and conservation, this measure ex- est spending that our national government can the way it offends against fiscal candor and tends the Northeast Dairy Compact which ad- make. public accountability. It is loaded with account- versely affects Minnesota’s dairy farmers, and Although I would have preferred to see ing gimmicks and transparent fictions—things relies upon budget gimmicks in order to mask more funds dedicated to the President’s initia- like calling the constitutionally-required census the perception of spending any of the Social tive to hire new community police officers in an ‘‘emergency,’’ delaying some payments so Security Insurance Trust Fund. FY 2000, I was pleased to see increased they will technically fall into the next fiscal Through across-the-board cuts, gimmicks funding for a program to address violence year, and directions to use the most conven- and scorekeeping adjustments, the Repub- against women. ient estimates of costs. The effect of these licans claim to keep their promise to balance This bill provides necessary relief to allevi- gimmicks and ruses is to pretend that more the budget excluding Social Security. How- ate some of the Balanced Budget Act of 1997 than $30 billion that’s in the bill isn’t really ever, the CBO recently scored the Republican (BBA) cuts on health care providers in my dis- there. budget plan and verified that they have broken trict and throughout the nation. I am particu- ‘‘Peekaboo’’ is something that’s fun to play their promise by spending the Social Security larly pleased that a clerical error which would with toddlers, but I don’t think we should be surplus long before this measure was even have severely underfunded Minnesota hos- trying to pull it on the taxpayers. considered. pitals that care for a disproportionate share of So, as I said, Mr. Speaker, my decision was According to CBO, the appropriations bill low-income individuals has been corrected. not an easy one. But I think it was the right turns a $14.4 billion on-budget surplus into a Also, this measure recognizes the importance one. I hope that next year the choice will be $17.1 billion on-budget deficit. No cooking the of National Institutes of Health (NIH) research different. I hope that the House will do its work books or scorekeeping gimmicks can deny the in addressing public health issues such as the way it should be done, on time and in facts of the bottom line. This clearly shows cardiovascular diseases, Alzheimers and dia- keeping with the best principles of fiscal re- that the Republicans are spending the Social betes. Regrettably, overall Medicare reform, sponsibility and public accountability. Let us Security surplus rather than saving it. It is in- prescription drug coverage and the imbalance learn, and let us change. deed ironic that the Republicans are publicly in Medicare payment levels which adversely Mr. MCINTYRE. Mr. Speaker, for the record, attacking Democrats for ‘‘raiding Social Secu- impacts seniors in Minnesota have not been this is to clarify that the ‘‘no’’ vote I cast today rity’’ when their own Republican appointed addressed this session. I am also dis- against H.R. 3194, the District of Columbia budget scorekeeper, CBO, tells us that it is appointed that the bill will continue a pattern of Appropriations Conference Report for FY their appropriations that have already created cuts to the Social Services Block Grant pro- 2000, is by no means an indication that I am an off-budget incursion into Social Security gram which provides important social services to the elderly, poor and developmentally dis- opposed to the Medicare Balanced Budget Act funds. Unfortunately the overall process of abled. (BBA) refinement provisions included in this combining five appropriations bills, with nu- I am pleased that I can, in good conscience, legislation. Indeed, I voted for the Medicare re- merous policy matters and attaching dozens of look favorably upon the provisions contained lief package when it came before the U.S. authorization bills which should be considered in the Interior funding portion of this legisla- House of Representatives on November 5, separately is an admission by the GOP lead- tion. Although it does not satisfy all of my con- 1999, and passed overwhelmingly by a vote of ers that they cannot deal with policy fairly and cerns regarding many of the anti-environ- 388 to 25. As Co-Chairman of the Rural give Members of the House a vote on each. mental riders, the Democratic conferees and Health Care Coalition, I supported this legisla- Rather the Leadership has stuffed this Omni- the Administration were successful in thwart- tion because it clearly represents a step in the bus Bill to the point of making it resemble a ing the most egregious of the riders to pre- right direction toward allaying the current Thanksgiving turkey! What a sad way to do serve the quality of our lands. Specifically, I health care crisis facing our nation and miti- our work and serve the people. commend the conferees for choosing to keep gating the impact of Medicare cuts mandated The American public time and again has the authority of the Clean Water Act intact re- by the BBA on health care providers. Unfortu- rated education as a top priority . . . above garding mountaintop mining, allowing the Bu- nately, my colleagues and I in the House were tax cuts, above foreign affairs, above Pen- reau of Land Management to cancel, modify not given the opportunity to vote on the re- tagon spending, even above gun safety and or suspend grazing permits after their environ- vised language as free-standing legislation. protecting social security. While I am not dis- mental review is complete and delaying the Rather, it was attached to the D.C. Appropria- crediting the need for Congress to address all new formula for oil royalty valuation only until tions Conference Report with various other un- of these issues, it is important that we listen March 15, thus permitting implementation after related measures, including hurricane relief to what constituents are saying. Republican nearly three years of GOP stalling to the ben- funding. The reason I voted against H.R. 3194 rhetoric boasts a strong commitment to edu- efit of the oil companies. In addition, I am also is because we, as a nation, have an obligation cation, claiming funding levels exceeding last pleased to see that additional funds have to provide the citizens of eastern North Caro- year’s appropriations and above the presi- been added to the Land and Water Conserva- lina with the necessary emergency aid to re- dent’s requests. However, I have concerns tion Fund (LWCF) for high priority land acqui- cover from three major hurricanes. However, about the methods used; this legislation re- sitions. Both the federal and stateside portion this measure does not go far enough in pro- sembles a pea and shell game, shifting fund- of this program have been woefully under- viding adequate relief to those individuals who ing responsibility and using advance FY2001 funded for years. Hopefully this signals the need it the most. appropriations. The bottom line is that in terms end of that era and a renewed commitment to Mr. VENTO. Mr. Speaker, I rise in reluctant of actual FY2000 funding the agreement actu- this vital LWCF law. support of this bill. Approaching almost two ally provides less than last year’s appropria- I would like to express my displeasure with months into the Fiscal Year 2000, we are tions and bodes problems for FY2001 edu- Congress’ inability to fund important clean air forced to vote on this massive catchall spend- cation budgeting. programs for fear that somehow the Adminis- ing bill which covers programs that would nor- However, I will concede that this final com- tration will secretly implement the clean air mally be funded by five separate appropria- promise is certainly a bit more palatable than agreement reached under the Kyoto Protocol. tions bills. I am not sure if my Colleagues are the original legislation. I am pleased that addi- It is vitally important that this nation put the privy to the substance of this Omnibus Appro- tional funds have been designated for Presi- health and welfare of its citizens before the priation and it may take months to honestly dent Clinton’s class size reduction program profit of utilities and big business. The costs sort through the ramifications of these provi- which just last year was agreed to, but denied associated with protecting the public will save sions included in this careless budget process. funding by the GOP up and to the Administra- this nation money and lives. While H.R. 3194 contains important pro- tion’s insistence, the increased flexibility for After three years of holding up UN arrears grams to hire additional teachers and police the use of these funds, for teacher qualifica- by linking restrictive language to family plan- officers, finally fulfill our responsibilities in pay- tion and certification is a plus. Important pro- ning organizations, the President was forced ing the United Nations (UN) back dues, under- grams such as Goals 2000, School-to-Work, to capitulate and prohibit funding for preven- write and implement the Wye River peace ac- Education Technology, and 21st Century tive family planning. The choice: lose the U.S.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30709 vote in the UN or pay the dues with restrictive, which offsets requires across the board cuts should have taken action on all these fronts unworkable conditions. Unfortunately, this pol- that will do mischief into necessary and funda- this year. icy will lead to an increase in unintended preg- mental federal commitments and consists of Finally, despite the repeated claims of the nancies, maternal deaths, and in abortions clever gimmicks to paper over the promise of Majority that they are not spending even one abroad. I will point out, however, that the breaking the Republicans majority to protect dime of the Social Security surplus, the fact is President can waive these ‘‘Mexico City’’ pro- surpluses in the Social Security Trust Fund. that this agreement falls short of their rhetoric. visions on the condition that overall family But, considering the Republican control of As with the previously adopted appropriations planning assistance would then be cut by Congress and the state of denial for the past bills, the budget package before us contains $12.5 million. No doubt the President will find 10 months more work and time would not like- numerous accounting gimmicks whose only it necessary to do so to the predictable howls ly cure the objections I harbor to this funding purpose is to disguise the real cost of this leg- of protest by the proponents of these limits. policy. The Clinton Administration and Demo- islation. I don’t think anybody is fooled by all Some it would seem want a political issue, not crats in Congress have balanced most of the the smoke and mirrors. What is the point of a workable policy. adverse impacts of this Omnibus budget bill having a budget process when the Leadership I am pleased that the President’s request of and I shall reluctantly cast a ‘‘yes’’ vote and of this body consistently refuses to follow it? $1.8 billion to help implement the Wye River urge its passage. I will vote for this agreement, but I do so re- peace accords between Israel, the Palestinian Mr. LEVIN. Mr. Speaker, well here we go luctantly. At the end of the day, the lasting leg- Authority and Jordan was included. With this again. Another year and another last minute, acy of this session of Congress will be shaped important funding, Israel and Palestine can take-it-or-leave-it, catch-all budget that funds more by what we failed to accomplish this move head with the Wye agreement and final most of the government. The Republican year than what we’re doing in this legislation status negotiations. This financial assistance is Leadership didn’t do its homework all year and today. vital for the future of the peace process and all now they expect a gold star because they got Mr. DINGELL. Mr. Speaker, once again a more critical for the United States to do its a C on the final exam. more curious process has produced an omniv- part in meeting its commitments and obliga- Most Americans will probably find little fault orous end-of-session spending bill. It is fair— tions. The United States has a deep commit- with many of the major provisions of the legis- and accurate—to say that most Members of ment to Israel and its Arab partners in the lation we are considering today. Although the this body would fail a pop quiz on the contents peace process to facilitate the ongoing nego- Republican Majority fought it every step of the of this legislation, given that it only became tiations. Our continuing support now is both way, most Americans support our initiative to available for review late this morning, replete the right thing to do and serves to promote hire 100,000 new teachers to reduce class with handwritten additions, deletions and eli- stability in the Middle East. size in our schools. They support the Presi- sions. Moreover, I especially applaud the inclusion dent’s program to put more police on the Almost in spite of itself, this Congress has of debt relief for the world’s poorest countries. streets in our communities. They support our written legislation that does some good. Debt relief is one of the most humanitarian efforts to strip the harmful anti-environmental For instance, one of the many extraneous and moral challenges of our time. The agree- riders that threatened the ecological health of provisions included in this package is the Sat- ment is very similar to the final product of H.R. our land, water and air. The American people ellite Home Viewer Act. Consumers will greatly 1095, which passed out of the Banking Com- support our efforts to preserve access to benefit from this bill. They will finally be legally mittee earlier this month. Albeit the agreement health care for older Americans by correcting entitled to receive their local broadcast sta- deleted regrettably several amendments to the the excesses of the 1997 Balanced Budget tions when they subscribe to satellite tele- bill, including my amendment which requires Agreement. On all of these issues and count- vision service. No longer will consumers be re- the President to take into account a nation’s less others, President Clinton prevailed over quired to fool with rabbit ears, or erect a huge record on child labor and worker’s rights be- the extreme opposition of the Republican antenna on their rooftop, to receive their local fore granting debt relief. Leadership. network television stations. The satellite dish Specifically, the agreement would authorize The major shortcoming of this agreement is many consumers buy this holiday season fi- U.S. support for an IMF proposal to sell some not what’s in it; the problem with this bill is nally will be able to provide them with a one- of its gold reserves to finance debt forgiveness what’s not in it. As just one example, the vast stop source for all their television program- and participate in the HIPC initiative. The re- majority of Americans support managed care ming. evaluation of the IMF’s gold reserves and the reform; indeed, the House passed a strong The bill also will allow satellite companies to profits from these sales, roughly $3.1 billion, Patients’ Bill of Rights earlier this year. There compete more effectively with cable systems, could only be used for debt relief. In addition, is one reason, and one reason alone why and provide a real-market check on the rates H.R. 3194 includes $123 million for bilateral HMO reform is not included in the package we they charge their consumers. If cable rates debt relief, which is about equal to the Presi- are debating today: the Republican Leadership continue to climb, as they have done for the dent’s original request. Unfortunately, the first does not support meaningful managed care past several years, consumers will be able to of four $250 million in payments for multilat- reform. fight back: they will have a real choice for their eral debt relief was not included, thus delaying The Congress also should have acted this video programming service. action on the President’s pledge with other in- year to extend prescription drug benefits to the I am also pleased that this legislation dustrial nations to forgive $27 billion in foreign elderly, too many of whom are being forced to rectifies some of the consequences of the debt owed by HIPC countries. choose between food and medicine. Most 1997 Balanced Budget Act for Medicare bene- In regards to the Satellite Home Viewer Act Americans support this, I support this, the ficiaries and providers. provisions included in this agreement, I am President supports this. A major reason pre- Nonetheless, the fact remains that we are pleased that this measure has finally dropped scription drug coverage is not included in this voting on a matter of great importance to the language which would have authorized $1.25 budget is because the Republican Leadership 38 million Americans covered by Medicare, yet billion in loan guarantees for satellite compa- does not support it. It’s ironic that the Majority most members have had only hours to exam- nies to provide local-into-local service in rural spent most of this year trying to push through ine all of the provisions in this bill. Doubtless, areas. I had jurisdictional, policy and cost con- a massive and irresponsible tax cut that chief- there are secret little provisions in this bill that cerns due to the fact that this loan provision ly benefited the very richest people in Amer- help special interests and are known only to was not cleared through the Banking Com- ica, but was unwilling to even discuss a Medi- Republicans. mittee, which led me to vote against the origi- care prescription drug benefit for seniors. Our Republican friends have also made a nal conference agreement of the Satellite bill I remain dismayed that the Majority has also great fuss about the need to protect the Social last week. blocked campaign finance reform, a much Security surplus, but the bill they are offering In conclusion, this bill provides essential in- needed raise in the minimum wage and sen- is not paid for. Preliminary estimates show creases in education, law enforcement, and sible gun safety measures. In addition, this that the Medicare provisions of this bill cost al- public health initiatives; reaffirms our commit- Congress should have done more to help low- most $16 billion. Unpaid for, the bill will short- ment to the UN, Israel and Palestine, author- income working families. Despite the good en the life of the Medicare Trust Fund and in- izes debt relief for the world’s poorest, and economy, the number of people with health in- crease premiums to seniors. Apparently, fiscal seeks to protect the environment. At the same surance has declined and the number of chil- responsibility only suits the Republican Party time, this measure is a budgetary bag of tricks dren going hungry has actually increased. We when it is convenient.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00074 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30710 CONGRESSIONAL RECORD—HOUSE November 18, 1999 I am also concerned that in some areas, we some positive changes that will offer Medicare Notwithstanding all these things that are may not have done enough. In the area of beneficiaries more flexibility in a number of good within the bill, I am concerned about the quality, this bill moves backward rather than ways. First and foremost, it authorizes incen- process. This bill forward funds much too forward. The bill further removes Medicare tives for health care providers to enter coun- much money. Also, I am concerned with the managed care plans from oversight and some ties that do not currently offer managed care whole process of not being able to read the quality requirements. They have even exempt- plans. This is a key provision because I rep- five (5) bills. Putting all five bills together in ed some plans from the requirements entirely. resent a rural area with very few HMOs. one omnibus spending bill is not good and Who knows what other nefarious provisions It also allows Medicare+Choice beneficiaries does not serve this House well. lurk within the dark corners of this bill? an open enrollment period when they learn Mr. KLECZKA. Mr. Speaker, we have ap- The compromise on Community Health their plan is ending its contract. In addition, it parently not learned from history. The Omni- Centers is a good beginning, but a permanent would slow down the implementation of bus Appropriations bill the House is consid- solution is needed. I applaud the willingness of Medicare+Choice payment rates to reflect the ering today is very similar to the budget-bust- the Republican leadership to work with us to differences in enrollees’ costs. Lastly, it would ing, catch-all bill that Congress passed last find a middle ground on assistance for these provide beneficiaries more time to enroll in year. This time the bill, which was filed at 3:00 providers who serve a large number of Amer- Medicare+Choice or Medigap plans when a.m. this morning in the cloak of darkness, ica’s uninsured and lower-income families. health plans withdraw from the market. measures one foot tall. It is impossible for For women with breast or cervical cancer, The bill is also endorsed by many organiza- Members to know all the details included in however, this bill is inadequate. We had the tions including the National Rural Health Asso- this massive measure, including the type and opportunity to include a bill by my colleague ciation and the American Hospital Association. amounts of pet projects inserted without de- Ms. ESHOO that would have provided great as- The bill contains specific provisions to correct bate. Sadly, this omnibus bill comes to us sistance in treating breast and cervical cancer, many of the unintended consequences of the after we heard the Republican Leadership but this evidently was not a priority for the Re- BBA that have adversely affected the rural maintain their commitment to make the trains publican leadership. communities. run on time and send the President 13 sepa- The Republican leadership is at least con- It also strengthens the Medicare rural hos- rate appropriations bills. sistent in its coddling of managed care compa- pital critical access hospital program and ex- Although this bill contains many favorable nies. While the conferees on the Patients’ Bill pands Graduate Medical Education opportuni- provisions, such as increased nursing home of Rights have yet to hold their first meeting, ties in rural settings. funding for the most vulnerable seniors in the Another important provision provides pay- this legislation gives nearly $5 billion to man- Medicare program and an agreement to permit ments for orphan and cancer therapy drugs aged care plans, despite considerable evi- satellite TV carriers to transmit the signals of dence from the General Accounting Office that and new medical devices. I have focused on local broadcast stations back to subscribers in these plans are already overpaid. At the same the issues my constituents said they wanted the same local market, the negative aspects time, this bill omits what is perhaps the most fixed, but there are certainly other improve- out-weigh the good and therefore I must op- important relief that Congress could offer to ments that I have not listed here today. The Medicare Balanced Budget Refinement pose this legislation. Medicare beneficiaries: relief from the high The Republican Leadership made a hand- cost of prescription drugs. Seniors should not Act will provide much needed relief to Medi- shake agreement that they would not include be forced to choose between food and needed care beneficiaries and providers alike. It may dairy legislation on any appropriations bill. medicines. not provide everything that has been re- Mr. Speaker, my modest experience as a quested, but it does address the issues with They have gone back on their word by attach- legislator teaches me that even the best legis- which my constituents have greatest concern. ing language that will maintain the depression- lation inevitably contains flaws and com- This appropriation package also provides for era milk pricing system and stop the Depart- promises. But the entire process by which the a study to be conducted on the role of Ft. King ment of Agriculture’s modest milk market dairy Republican leadership produced this massive in the Second Seminole war. This is some- reforms. This provision will hurt Wisconsin package and brought it to the floor today is a thing I have tried to accomplish for several dairy farmers and consumers nationwide. travesty, and I hope to never again see it re- years and I am pleased that it is moving for- I am also concerned that this bill does not peated. ward. Ft. King is an important historical site lo- go far enough to prevent the implementation In addition, Mr. Speaker, the BBA contains cated in Ocala, Marion County, Florida. I also of the Department of Health and Human Serv- a study by GAO of the Community Health want to thank Chairman REGULA for his help in ices organ allocation rule. The HHS proposal Centers payments under which the conferees getting this language included in the Interior will take much-needed organs away from Wis- intend that the GAO should look at all State bill. consin and threatens the very existence of our programs including those with 1115 waivers. I also was successful in securing funding for nation’s smaller transplant centers. While I Mr. STEARNS. Mr. Speaker, Is this a per- an aircraft training at an Aviation/Aerospace welcome any delay of this ill-conceived policy, fect bill? The answer is no. There are several Center of Excellence project operated by the I am extremely disappointed that Congress provisions contained in this measure that I do Florida Community College at Jacksonville uti- was unwilling to postpone the restructuring of not and did not support in the past. However, lizing resources at Cecil Field. This is an im- the organ allocation system until we can ad- there are also many provisions contained in portant instructional program that will prepare dress this issue in a more comprehensive this funding bill that I do support. They are as students to take the appropriate certification manner. follows. exams which are required by the Federal Perhaps the most egregious parts of this bill The give-backs to Medicare that are in- Aviation Administration for employment in air- are the accounting gimmicks used to ‘‘pay for’’ cluded in H.R. 3624 are tremendously impor- craft maintenance. This is tremendously valu- the programs within the bill. The .38% across- tant to the people in my district. I want to com- able since there is no such training program the-board spending cut allows the individual pliment the conferees of the Committees on currently available in Northeast Florida. agencies and departments to determine which Commerce, Ways and Means and the Senate Another important provision that I was able programs and accounts shall be subject to the Finance Committee who worked so diligently to help get included is the prohibition on the spending reduction. However, no project can to reach an agreement to ensure that Medi- Public Broadcast Stations from sharing their be cut by more that 15%. This means that care beneficiaries have access to health care donor lists with political parties or outside par- wasteful and inappropriate pork-barrel spend- services. This measure will be of assistance to ties without the donors consent. We must en- ing projects, such as Naval ships not even re- those who rely on Medicare for their health sure that taxpayer dollars are not misused for quested by the Navy, cannot be targeted for care needs. political purposes. elimination. I have worked closely with Chairmen BILI- This measure also contains language allow- Another troubling gimmick is the bill’s use of RAKIS and BLILEY to ensure that ing consumers choices when it comes to get- forward funding. Delaying payments for de- Medicare+Choice receives an increase in ting their television signals. As a member of fense contractors, delaying veterans medical funding because we need to make sure that the Telecommunications Subcommittee I care obligations, and rescinding Section 8 seniors have the same choices available to worked to ensure that consumers can receive housing program funds are just a few of these them as other Americans. local television stations and further worked to accounting gimmicks which add up to over $4 H.R. 3624 restores funding to the ensure that they will not lose their distance billion. Further so-called ‘‘savings’’ are Medicare+Choice program. It also makes signals. achieved by delaying the paychecks of our

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00075 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30711 military personnel and payments made to re- tract the total from the expected budget sur- Family planning shouldn’t be linked to cipients of social services block grants. plus in 2001, you’ll find that not only does this United Nations dues. It has nothing to do with Furthermore, roughly one-third of all edu- bill spend Social Security surplus in 2000, but family planning. This is about our fundamental cation funding being spent this fiscal year is it spends more than $20 billion from Social responsibility as the remaining superpower to counted against next year’s spending caps. Security in 2001. support the United Nations. This is not a This will spend nearly $12.4 billion that will not As I said earlier, Mr. Speaker, I regret that trade-off. be counted until next year, subverting the this bill is so flawed in certain important re- Mr. Speaker, women are not negotiable. budget caps. Even though this spending is spects, because in many other areas it de- The Republicans need to stop attacking within the Budget Caps, it still results in a Fis- serves strong support. For instance, I strongly women’s rights and they need to start living up cal Year 2000 outlay that taps into Social Se- support the increases in funding for federal to our international obligations—no strings at- curity funds. To top it off, $4.5 billion of the education programs in this legislation, includ- tached. Census funding is classified as emergency ing the class size reduction initiative. Last By adopting this appropriations language spending and thus does not count against the year, the class size reduction initiative pro- linking the payment of our United Nations spending caps. This too, spends funds from vided North Dakota schools with over $5 mil- dues to restrictions on family planning, we set the Social Security Trust Fund—for an activity lion in additional resources, and I am pleased a dangerous precedent. the government has performed like clockwork that this legislation increases funding for that Once legislative language is adopted, it will for every ten years for over 200 years! Not program by 10 percent. This legislation fulfills be hard to remove. Further, the waiver provi- only is the Census called an ‘‘emergency,’’ but the promise to our children made last year by sion will be meaningless in the future if there’s also included in the long list of surprise spend- ensuring that schools in North Dakota and an anti-choice President in the Oval Office. ing by the government are funds for the Head across the country can continue to pay the The waiver is only as strong as the President Start program and the Low-Income Home En- dedicated teachers recruited last year. who would sign it. For every step backward that we are forced ergy Assistance program. Second, I am pleased that Congress has Finally, even though this bill contains every- addressed the unintended financial con- to take on family planning, we will have to thing but the kitchen sink, it does nothing to sequences of the Balanced Budget Act of take two steps forward to maintain progress. We are disappointed by the political pos- extend the life of Social Security or to mod- 1997 (BBA) on health care providers. As a turing that created this budget deal that hurts ernize the Medicare Program. This budget bill member of the Congressional Rural Health women. But make no mistake about it, the also does not offer a plan to allow seniors to Care Coalition, I have worked long and hard women of this House are as committed as buy prescription drugs at an affordable cost, to address these problems on behalf of the ever to protecting the rights of women around nor does it contain legislation to allow patients hospitals, home health agencies and nursing the world. and doctors to make medical decisions in- homes in North Dakota. These health care providers have done their best to maintain a Mr. DAVIS of Virginia. Mr. Speaker, this is stead of HOMO bureaucrats. the 6th time the D.C. Budget has been on the For these reasons Mr. Speaker, I must op- high standard of care, even under the con- floor in the last 6 months. Let’s hope our col- pose this bill. straints of the BBA. I believe it is time that Congress provide them with the relief they lective ‘‘sixth sense’’ will carry the day. Mr. POMEROY. Mr. Speaker, I rise in oppo- Way back in July the D.C. Appropriations sition to H.R. 3194, a $385 billion omnibus ap- desperately need. I was pleased to have voted for H.R. 3075, Act was heralded with virtual unanimity. It was propriations bill for fiscal year 2000. Although one of the first appropriation bills to hit the the bill includes many beneficial provisions the Medicare Balanced Budget Refinement Act, in the House of Representatives. This floor, and I joined many others on both sides that I have worked hard to advance, I regret measure, which passed by an overwhelming, of the aisle in showering Chairman ISTOOK that they have been tied to a package that is bipartisan majority, was an important first step with well-deserved praise. deeply flawed in both procedure and sub- toward addressing the problems of the BBA. I That was two vetoes and three conference stance. look forward to working with health care pro- reports ago. Ironically, the D.C. Budget be- This bill violates a rather simple rule of good viders in my state to come to an agreement came a necessary vehicle for other matters. legislating—members ought have the oppor- on further relief in the coming year. The D.C. Budget incorporates all appropria- tunity to review legislation before they are Finally, this measure also fulfills the promise tions for the District of Columbia. This includes asked to cast their vote. They clearly have not we made to America’s communities, by con- not only federal funds, but all locally generated had that opportunity here. This mammoth bill, tinuing funding for the COPS program. The revenue as well, which accounts for most all more than a foot thick and thousands of pages dedicated community police officers funded of the Budget. This local part of the D.C. long, was filed after 3 a.m. this morning. It be- through this program, many of whom serve my Budget was passed in consensus form by the came available to view only a few short hours constituents in North Dakota, have helped city’s elected leaders and the Control Board. ago. In reality there is not one member of the keep our families safe, an they deserve our When Congress did its constitutional duty House who knows all of what is in this bill. All support. and passed the D.C. Budget, not once but we know for certain is that there are a mul- In summary, Mr. Speaker, this bill contains twice, I joined others in urging the president to titude of provisions here that would never many laudable provisions that have, unfortu- approve it. I compliment the appropriators and have survived the normal legislative process. nately, been attached to legislation I simply conferees for their patience and persistence in Second despite all the rhetoric of the major- cannot support. For this reason, I urge my col- continuing to refine the bill following the ve- ity party, this bill spends at least $17 billion of league to vote ‘‘no’’ so that we can advance toes. I am particularly pleased by the addition the Social Security surplus. The Congressional the positive features of this bill in legislation of needed resources to address the environ- budget Office, like all of us, has not had the that is fiscally sound and protects Social Secu- mental necessity of cleaning up the old Lorton opportunity to review this legislation, and, as a rity. Correctional Complex. result, we are voting without the benefit of an Ms. WOOLSEY. Mr. Speaker, I rise today to The resources in this budget will help the official cost estimate. The previous CBO re- express my disappointment with this omnibus Nation’s Capital continue its reform efforts. port, however, that did not include the addi- appropriations bill. While much progress has been made in the tional spending added in negotiations with the While this appropriations bill is good for District, there are still enormous problems White House, estimated that the surplus gen- education and does make good on our com- which must be addressed. The D.C. Sub- erated by Social Security will be tapped for mitment to the United Nations, this bill also committee I chair will hold a hearing on De- $17 billion. contains a provision that compromises wom- cember 14 to gather information on many of This bill is stuffed full of accounting gim- en’s rights around the world. these questions. micks to create that illusion that it does not Republican extremists, in their zeal to limit A substantial number of city functions re- spend Social Security surplus. The gimmick of women’s rights, left the President no choice main in receivership, including foster care and choice was to artificially postpone spending but to accept a budget compromise that links offender supervision. A recent audit and the just beyond fiscal year 2000 into 2001. Unfor- the payment of the United Nations dues with Annual Report submitted by the Control Board tunately, this gimmick results in even more restrictions on international family planning. to Congress highlights the crisis we are facing money from the Social Security surplus being That is wrong. in this area. Our Congressional review can be spent. If you add all the spending that has This compromise is a bad deal for women particularly helpful in working through these been pushed into the next fiscal year and sub- around the world. concerns.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00076 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30712 CONGRESSIONAL RECORD—HOUSE November 18, 1999 The D.C. Budget funds the local court sys- ‘‘unserved households,’’ i.e., those located in changes in Section 119, nothing in the law we tem. These courts are going through an impor- places, almost always remote rural areas, in are passing today will take away any of the tant process right now that demands our con- which over-the-air signals are simply too weak rights and remedies available to the plaintiffs tinuing interest. The GAO, at our request, has to be picked up with a correctly oriented, prop- in copyright infringement litigation against sat- been supplying very helpful background mate- erly functioning conventional rooftop antenna. ellite carriers. Nor will anything in the bill rial. The definition of an ‘‘unserved household’’ (other than the specific provisions I have just The House passed this month legislation I continues to be the same as it is in the current mentioned) require any change whatsoever in sponsored with ELEANOR HOLMES NORTON and statute, i.e., a household that cannot receive, the manner in which the courts have enforced others to enhance college access opportuni- through the use of a properly working, sta- Section 119. ties for D.C. students. I commend the presi- tionary outdoor rooftop antenna that is pointed I trust that the courts will continue to vigor- dent for signing that bill. Just this week it was toward the transmitter, a signal of at least ously enforce the Copyright Act against those officially designated as Public Law 106–98. I’m Grade B intensity as defined in Section who seek to pretend it does not apply to them, very proud of that. I thank the appropriators 73.683(a) of the FCC’s rules. The courts have including any satellite companies that have not for working with me to make the money for already interpreted this provision and nothing yet been subject to injunctive relief for infringe- that landmark new law subject to the author- in the Act changes that definition. The ‘‘Grade ments they have committed. Indeed, the very izing enactment. B intensity’’ standard is and has always been premise on which Congress creates statutory There is additional much-needed money in an ‘‘objective’’ signal strength standard—not, licenses is that the limitations on those li- this budget for public education, including as some satellite carriers claimed, a subjective censes will be strictly respected; when satellite charter schools. picture quality standard. (In fact, as the courts carriers go beyond those limitations, they not This budget contains the largest tax cut in have discussed, Congress expressly rejected only infringe copyrights, but destroy the the city’s history, which is central to our goal a subjective standard in first enacting the stat- premise on which Congress agreed to create of retaining and attracting economic develop- ute in 1988.) The objective Grade B intensity the statutory license in the first place. ment. standard has long been used by the FCC and I want to say a word about the ‘‘white area’’ There is money in this budget to clean up the television engineering community to deter- problem and about the delayed terminations of the Anacostia River, open more drug treat- mine the level of signal strength needed to certain categories of subscribers. In particular, ment programs, and study widening of the provide an acceptable television picture to me- I want to express my extreme displeasure with 14th Street Bridge. dian, unbiased observers. Few, if any, sub- the conduct by the satellite industry over the We’ve worked long and hard together to scribers in urban and suburban areas qualify past few years. It is apparent, and at least two turn this city around. The D.C. Budget before as ‘‘unserved’’ under this objective, easy-to- courts have found in final judgments (one af- us is another step in helping to keep us mov- administer definition. ing in the right direction. The existing compulsory license for firmed on appeal), that satellite companies Mr. COBLE. Mr. Speaker, today represents ‘‘unserved households,’’ was not, however, de- have purposely and deliberately violated the the culmination of a multi-year-long process to signed to enable local TV stations to be re- Copyright Act in selling these distant network update the copyright licensing regimes cov- transmitted to their own local viewers. Con- signal packages to customers who are obvi- ering the retransmission of broadcast signals. gress has never before been asked to create ously unqualified. Those decisions have cor- When the Satellite Home Viewer Act was first such a license, because technological limita- rectly and properly applied the Copyright Act. passed in 1988, satellite dishes were a rare tions made the local-to-local business unthink- Whether or not satellite companies like the sight in communities across America, and the able in 1988 and even in 1994, when Con- law, they have no right to merely disregard it. dishes that did exist were almost all large, ‘‘C- gress passed the first extension of the Sat- The ‘‘turnoff’’ crisis was caused by the satellite band’’ dishes. Today, the satellite dish has be- ellite Home Viewer Act. Today, however, local- industry, not the Congress, and I do not ap- come ubiquitous, and the dishes that most to-local service is no longer unthinkable. In preciate having an industry take innocent con- people use are now much smaller—only 18 fact, two satellite companies, DirecTV and sumers as hostages, which is what has hap- inches across. The small dish industry alone EchoStar, stand ready to offer that service, at pened here. has more than 10 million subscribers, with least in a limited number of markets, imme- Now we as members of Congress, have nearly two million other households still relying diately. been asked to fix this problem created by sat- on large dishes. With this massive change in To help local viewers in North Carolina and ellite industry lawbreaking. The bill reflects the the marketplace, we are overdue for a fresh across the country, and to assist satellite com- conferees’ best effort to find a solution to a look at the laws governing retransmissions of panies in competing with cable, I have worked problem that the satellite industry has created television station programming. with my colleagues to help craft a new copy- by signing up millions of ineligible customers. The existing provisions of the Satellite right statutory license that will enable local-to- Unfortunately, the solution the conferees have Home Viewer Act allow satellite carriers to re- local retransmissions. Today, we can finally devised—temporary grandfathering of certain transmit copyrighted programming for a set celebrate the fruits of our efforts over many categories of ineligible subscribers—may fee to a narrowly defined category of cus- months of hard work and negotiation. The bill seem to amount to rewarding the satellite in- tomers. The Act thus represents an exception before the House reflects a carefully calibrated dustry for its own wrongdoing. I find this very to the general principles of copyright—that set of provisions that will, for the first time, au- troubling, even though I understand the impe- those who create works of authorship enjoy thorize TV stations to be retransmitted by sat- tus to protect consumers who have been mis- exclusive rights in them, and are entitled to ellite to the viewers in their own local markets. led by satellite companies into believing that bargain in the marketplace to sell those rights. The bill will also extend, essentially un- essentially everyone is eligible for distant net- In almost all other areas of the television in- changed, the current distant signal compulsory work signals. In any event, let me be very dustry, those bedrock principles work well. In- license in Section 119 of the Copyright Act. clear: with the exception of delayed termi- deed, virtually all of the programming that we The only significant changes to that provision nation dates for certain subscribers, nothing in enjoy on both broadcast and nonbroadcast are that (1) the mandatory 90 day waiting pe- this bill in any way relieves any satellite com- stations is produced under that free market re- riod for cable subscribers will no longer be pany from any remedy whatsoever for any gime. Because exclusive rights and market- part of the law; (2) royalty rates for distant sig- lawbreaking, past or future, in which they may place bargaining are so fundamental to copy- nals will be reduced from the marketplace engage. To list just a few, nothing in the bill right law, we should depart from those prin- rates currently in effect; (3) a limited, specifi- will relieve any satellite carrier from any court ciples only when necessary and only to the cally defined category of subscribers subject order (a) requiring immediate termination of in- most limited possible degree. Statutory li- to recent court orders will have delayed termi- eligible small-dish subscribers predicted to re- censes represent a departure from these bed- nation dates under the bill; (4) the bill will limit ceive Grade A intensity signals from any sta- rock principles, and should be construed as the number of distant signals that a satellite tion of the relevant network, (b) requiring strict narrowly as possible. carrier may deliver even to ‘‘unserved house- compliance with the Grade B intensity stand- Reflecting the need to keep such departures holds’’; and (5) the bill will require satellite car- ard for all signups after the date of the court narrow, the existing Satellite Home Viewer Act riers to purchase rooftop antennas for certain order, (c) requiring the payment of attorney’s permits network station signals to be retrans- subscribers whose service has been turned off fees pursuant to Section 5.5 of the Copyright mitted only to a narrowly defined group of by court order. Except for these specific Act or payment for testing costs pursuant to

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00077 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30713 Section 119(a)(9), or (d) imposing any statu- tenna is to be improperly oriented (i.e., pointed ents, who can expect to enjoy local-to-local torily mandated remedy for any willful or re- away from the TV transmitter in question). To satellite delivery of their own hometown TV peated pattern or practice of violations com- read the Act in that way would be extraor- stations in more and more markets over the mitted by a particular satellite carrier. Con- dinarily hypocritical, since ‘‘stationary’’ satellite next few years. gress has determined the outer limits of per- antennas themselves must be perfectly ori- I want to thank the chairman of the com- missible grandfathering in this bill, and courts ented to get any reception at all. In any event, mittee on the Judiciary, the gentleman from Il- need not entertain an arguments for additional the Act provides controlling guidance about linois (Mr. HYDE), the ranking member, the grandfathering. And I should emphasize that antenna orientation in Section gentleman from Michigan (Mr. CONYERS), as the only subscribers that may have service re- 119(a)(2)(B)(ii)(II) of the bill, which specifies well as the subcommittee ranking member, the stored pursuant to the grandfathering provi- that the FCC’s existing procedures (requiring gentleman from California (Mr. BERMAN) for sions of this Act are those that have had their correct orientation) be followed. See 47 C.F.R. their support and leadership throughout this service terminated as a result of court orders, § 73.686(d), Appendix B, at ¶ (2)(iv); see also process. I also want to recognize the contribu- and not for any other reason. FCC Report & Order, Dkt. No. 98–201, at ¶ 59 tions of the leadership of the gentleman from As Chairman of the Subcommittee on (describing many precedents calling for correct Virginia (Chairman BLILEY); the ranking mem- Courts and Intellectual Property of the House orientation). A contrary reading would leave ber, the gentleman from Michigan (Mr. DIN- Judiciary Committee, I also want to make the Copyright Act with no fixed meaning at all, GELL); the subcommittee chairman, the gen- clear that Congress is not in any way finding since while there is a single correct way to ori- tleman from Louisiana (Mr. TAUZIN); the gen- fault with the manner in which the federal ent an antenna to receive a particular station tleman from Ohio (Mr. OXLEY); and the ranking courts have enforced the Satellite Home View- (which is what the Act assumes), there are at member, the gentleman from Massachusetts er Act. To the contrary, the courts (including least 359 wrong ways to do so as one moves (Mr. MARKEY), who worked with us tirelessly to the United States District Court for the Middle in a circle away from the correct orientation. bring this to the Floor. Finally, I want to thank District of North Carolina, the Fourth Circuit, A contrary reading would also fly in the face my fellow Subcommittee members, the gen- and the United States District Court for the of the text of the Act, which makes eligibility tleman from Virginia (Mr. GOODLATTE and Mr. Southern District of Florida) have done an ad- depend on whether a household ‘‘cannot’’ re- BOUCHER) for their service on the committee of mirable job in correctly carrying out the intent ceive the signal of particular stations. The Act conference. I urge all Members to support this of Congress which established a strictly objec- is clear: if a household could receive a signal constituent-friendly legislation. tive eligibility standard that applied to only a of Grade B intensity with a properly oriented Mr. MOORE. Mr. Speaker, I intend to vote tiny fraction of American television house- stationary rooftop antenna of a particular net- against the omnibus appropriations bill that is holds. Although the conferees have reluctantly work affiliate station, the household is not before us today. No respectable business decided to deal with the unlawful signups by ‘‘unserved’’ with respect to that network. would operate this way—and neither should postponing cutoffs of certain specified cat- The Copyright Act amendments also direct our government. egories of consumers, that prospective legisla- courts to continue to use the accurate con- I did not come to Congress to engage in tive decision—to which Congress is resorting sumer-friendly prediction and measurement business as usual. The people of Kansas’ because of the no-win situation created by tools developed by the FCC for determining Third District expect more of us. As Congress past satellite industry lawbreaking—does not whether particular households are served or has done for too many years, today it will be reflect any criticism whatsoever of the federal unserved. I understand that the parties to voting on a bill estimated at 2,000 pages, courts. And I should emphasize that we have court proceedings under Section 119 have al- which no one in this chamber has read, or re-enacted, intact, the procedural and remedial ready developed detailed protocols for apply- even had the opportunity to give a cursory re- provisions of Section 119, including, for exam- ing those procedures, and nothing in today’s view. We are asked to vote based upon ple, the ‘‘burden of proof’’ and ‘‘pattern or legislation requires any change in those proto- sketchy summaries of a huge piece of legisla- practice’’ provisions that have been important cols. If the Commission is able to refine its al- tion that was filed as a conference report at in litigation under the Act. ready very accurate ‘‘ILLR’’ predictive model 3:00 a.m. this morning. Is it too much to ask The bill will require satellite carriers that to make it even more accurate, the courts that we have 24 hours to review and consider have turned off ineligible subscribers pursuant should apply those further refinements as well. a $395 billion appropriations bill before voting? to court decisions under section 119 to pro- But in the meantime, the courts should use This bill has not even been printed or placed vide those subscribers with a free rooftop an- the accurate, FCC-approved tools that are al- on-line for our review or for the public’s exam- tenna enabling them to receive local stations ready available, in the same way in which they ination. This is wrong and none of us should over the air. This provision may redress, to are doing now. As I mentioned, nothing in the be a party to it. some degree, the unfairness of appearing to Act requires any change whatsoever in the reward satellite carriers for their own manner in which the courts are using those But, more bothersome is that while the bill lawbreaking. The free-antenna provision is a FCC-endorsed scientific tools. contains many programs which I have fought pure matter of fairness to consumers, who The Act does authorize the Commission to for and for which I would vote under normal were told, falsely, that they could receive dis- make nonbinding suggestions about changes circumstances, the bill is a lie and a cruel tant network signals based on saying ‘‘I don’t to the definition of Grade B intensity. (The def- hoax on the American people. The majority like my TV picture’’ over the telephone. I trust inition of Grade B intensity is, of course, sepa- claims they have not spent Social Security that many North Carolinians will benefit from rate from FCC decisions concerning particular funds. Just the opposite is true. the satellite carriers’ compliance with this im- methods of measuring or predicting eligibility There are many things in this bill which I portant remedial provision. to receive network programming by satellite, support: increased funding to reduce public I should briefly discuss the addition of the as the FCC’s February 1999 SHVA Report school class sizes by hiring qualified teachers word ‘‘stationary’’ to the phrase ‘‘conventional and order discusses in detail.) Any sugges- and funding teacher training; funding for the outdoor rooftop receiving antenna’’ in Section tions from the FCC about the definition of National Institutes of Health; payment of the 119(d)(10) of the Copyright Act. As the Chair- Grade B intensity will have no legal effect United States’ outstanding debt to the United man of the Subcommittee on Courts and Intel- whatsoever until and unless Congress acts on Nations; increased funding for the hiring of lectual Property of the House Judiciary Com- them and incorporates them into the Copyright new community police officers; additional mittee, which has jurisdiction over copyright Act. funds to preserve and acquire open spaces matters, and as the original sponsor of this The conferees and many other members of and ecologically important lands; funds to help legislation, I want to stress that this one-word this body have worked hard to achieve the implement the Wye River Accord between change to the Copyright Act does not require carefully balanced bill now before the House. Israel, the Palestinian Authority and Jordan; (or even permit) any change in the methods We have spent the better part of four years and funds for development in the world’s poor- used by the courts to enforce the ‘‘unserved working with representatives of the broadcast, est nations and supports an IMF proposal to household’’ limitation of Section 119. The new copyright, satellite, and cable industries fash- revalue some of its gold reserves to finance language says only that the test is whether a ioning legislation that is ultimately best for our debt forgiveness. ‘‘stationary’’ antenna can pick up a Grade B constituents. The legislation before us today is There also, however, are a number of provi- intensity signal; although some may have not perfect, but it is a carefully balanced com- sions in this bill which I oppose: a cut of $100 wished otherwise, it does not say that the an- promise. The real winners are our constitu- million in veterans’ benefits; payment of the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00078 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30714 CONGRESSIONAL RECORD—HOUSE November 18, 1999 United Nations arrears is linked to unwar- Security, which I strongly support, I simply organizations from doing their work to protect ranted restrictions on international family plan- cannot condone its treatment of Wisconsin the health of families. ning funding; funding for the Army’s School of farmers. I understand the plight of farmers in Second, the best means of preventing the the Americas, which has a dismal record of other regions of the country; however, passing instances of abortions overseas is to promote training personnel supporting past military dic- this legislation in an effort to help them directly access to family planning services. Families tatorships in Latin America, who have been punishes the farmers in my district, in my that are in control and informed about their op- engaged in gross human rights violations; and state, and throughout the Midwest. This is tions are less likely to need or seek abortions. most importantly, this package has not been completely unacceptable and therefore, I must International family planning agencies around scored by the Congressional Budget Office; vote against it. the world are committed to providing accurate despite the majority’s unsupported claims to Mr. CROWLEY. Mr. Speaker, I rise today to information to families about their healthcare the contrary, we really do not know what the express my disappointment in the so-called needs, from stopping the abhorrent practice of ultimate impact will be upon Social Security compromise worked out between the White female genital mutilation to proper spacing of funds. Indeed, of the three major offsets pro- House and the Republican leadership on the children to protect the health and well-being of vided in this conference report, only one actu- payment of U.S. arrears to the United Nations. mothers and children. Any reduction in these ally reduces expenditures. The other two—ex- Do not be fooled by this slight of hand, already under funded organizations, as this pediting transfers from the Treasury to the there is no compromise. All this does is codify deal will ultimately result in, means that real Federal Reserve and delaying payments to the Smith Mexico City policy in legislation for women around the world will not have access our military personnel—are accounting gim- the first time and include a Presidential waiver to the basic medical information needed to micks which start us in a hole in next year’s that will result in a funding reduction. A fund- raise their families in a healthy manner. budget process. This is not fiscally responsible ing reduction which will affect the healthcare Mr. Speaker, while I am disappointed in this and it does not protect Social Security. of women and children around the world. agreement, I am outraged that the will of a Additionally, other non-appropriations meas- Mr. Speaker, let me be clear. I support pay- majority of the House was pushed aside to ures have been added to this omnibus pack- ment of our financial obligation to the United placate a few obstructionists who oppose pro- age at the last possible minute. I would gladly Nations one hundred and ten percent. In fact, viding access to family planning programs. In support several of these bills if I had the op- I am ashamed that the United States has lost a historic compromise, the House included an portunity to vote on them individually, under so much prestige in an institution we helped amendment to the FY 2000 Foreign Oper- regular order. These bills include measures to: create, in an organization instilled with many ations Appropriations bill, offered by Con- increase Medicare payments to hospitals, of the values we in this country hold so dear. gressman JIM GREENWOOD and Congress- nursing homes, home health care agencies I am ashamed, Mr. Speaker, because the woman NITA LOWEY, which provides an ac- and other health care providers, providing United States, which should be a respected ceptable bipartisan and majority supported al- some financial relief from the Medicare cuts leader in that world body has squandered its ternative set of restrictions on U.S. funds for imposed by the Balanced Budget Act of 1997; authority by not living up to its commitments. international family planning. The Greenwood/ allow satellite carriers to transmit the signals My Republican colleagues, as they’ve said so Lowey compromise includes: a requirement of local broadcast stations back to subscribers often, believe in moral leadership. Well, I ask that international family planning organizations in the same local market and allows satellite them, where is the United States’ moral lead- use U.S. funds to reduce the incidences of subscribers scheduled to lose their distant sig- ership when we do not pay our fair share? abortions; it allows only foreign organizations nals at the end of the year to continue receiv- Mr. Speaker, paying our U.N. dues is an im- which are in compliance with its own countries ing them for five years; and preserve local, portant national security concern; almost no abortion laws to receive U.S. funds; and, it low power television stations when the broad- one disputes this. Former Secretaries of bars family planning aid from organizations cast industry upgrades to digital service. States, former Presidents and former Senate which are in violation of their country’s laws on Under the rules of the House, Congress is Majority Leaders have all expressed the crit- lobbying or advocacy activities. supposed to consider thirteen appropriations ical need to pay our arrears. Sensing this ur- As I stated, a majority in the House sup- bills for each fiscal year. Under normal proce- gency, some in this House have placed par- ported this compromise, but the Republican dures, those bills should come before the tisan political considerations above the very leadership chose to ignore it. By ignoring the House individually, with opportunities for real security needs of our country by linking will of the House and codifying the Smith Mex- amendment and debate. After a conference the issue of our payment to the U.N. to the ico City policy, we set a dangerous precedent report is negotiated, the House should then global gag rule on international family plan- that will only serve to hurt women and families have the opportunity to vote on each bill, ning. For several years now, this linkage has around the world. standing alone. Unfortunately, Congress has held up the payment of our dues. I would sub- Mr. Speaker, it is a shame that this provi- refused to follow its own rules. mit an editorial from the November 17, 1999 sion was included in the Omnibus package I have only been a member of this body for New York Times which eloquently addresses which has so many other worthwhile pro- eleven months, but I understand that the rules this issue. grams. Funding for 100,000 teachers to help Now, some of my colleagues may question and procedures of the House were put in reduce class size, money for the COPS pro- the harm in limiting the activities of inter- place to protect the rights of all Members to gram, which keeps police on the beat and national family planning organizations. Still represent fully the interests and concerns of crime down, as well as other critical priorities others have deeply felt convictions on the our constituents. We cannot do so when we supported by myself, my colleagues and a issue of abortion and do not want to see U.S. are confronted with an omnibus conference re- majority of Americans. Because of the inclu- taxpayer’s funds pay for abortions. Not only do port which I am told is estimated at 2,000 sion of these key priorities, which will benefit I sympathize with these sentiments, I agree pages, carries an overall price tag of $395 bil- the lives of every American, I will support this with them. And that is exactly why I oppose lion in fiscal year 2000 appropriations, and Omnibus package. However, I plan to work the codification of the Smith Mexico City pol- countless other provisions, whose con- with my colleagues next year to restore the icy. sequences we cannot possibly know at this funding cuts that will result from this so-called First, U.S. law rightly prohibits, in no uncer- time. compromise. I will vote against this package today and I tain terms, the use of U.S. funds to pay for an urge my colleagues to do likewise. abortion, lobby for abortions, and coerce [From The New York Times, Nov. 17, 1999] Mr. SENSENBRENNER. Mr. Speaker, I rise someone into having an abortion or purchase A COSTLY DEAL ON U.N. DUES reluctantly against H.R. 3194, the District of supplies or equipment to perform an abortion. President Clinton paid a regrettably high Columbia Appropriations Conference report. And, no one has ever been able to show any price to win the House Republican leader- While I support many of the provisions of this U.S. funds used for this cause. Placing restric- ship’s assent to give almost $1 billion in back legislation, I cannot support any legislation tions on the ability of foreign groups to use American dues to the United Nations. Last weekend, White House bargainers agreed to which perpetuates the Northeast Interstate their own funds to participate in the demo- new statutory language restricting inter- Dairy Compact and does not allow for the cratic process and make their voices heard by national family planning assistance that the modest federal milk marketing order reforms their own governments is a violation of the sa- administration had firmly and rightly re- to go into effect. While this legislation main- cred American right of free speech. This is just sisted in the past. Understandably, advocates tains a balanced budget and protects Social one way which this gag rule will prevent these for women’s health and reproductive choice,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30715 even including Vice President Gore, be- date, has stimulated growing interest and op- share in this victory and I am truly grateful for moaned that damaging concession and ques- portunities for U.S. business. Second, the their efforts: the U.S. Catholic Conference, tioned its necessity. Nevertheless, House approval of the U.N. emergence of more stable, more democratic Bread for the World, Church World Service, arrears payments, assuming that final de- governments has given us responsible part- The Episcopal Church, Evangelical Lutheran tails of the agreement can be worked out and ners with whom we can address the full range Church in America, Lutheran World Relief, Na- sold to the Republican rank and file, will be of regional and international issues: settling or tional Council of Churches, Oxfam America, a significant achievement. Failure to pay preventing conflicts; combating crime, nar- Presbyterian Church (USA), United Church of these assessments had undermined the fi- cotics, terrorism, and weapons proliferation; Christ, United Methodist Church, American nances of the U.N., weakened American in- protecting and managing the global environ- Jewish World Service, and the Catholic Relief fluence there and put Washington’s voting ment; and expanding the global economy. Service. rights in the General Assembly at risk. The United States cannot exercise global leader- We must maximize our current efforts to In enacting this legislation, we have re- ship unless it honors its financial obliga- protect and develop the vital human and phys- sponded to a moral and a practical imperative. tions. Nor can Washington reasonably expect ical resources that are necessary to drive eco- The increasingly wide gap between the world’s other countries to consider Congressional de- nomic prosperity in Sub-Saharan Africa. By in- richest and poorest is both unjust and mands for lower American dues assessments creasing Sub-Saharan Africa aid and debt re- unsustainable. The economic prosperity the in the future until it pays off most of the lief, we will ensure that the United States con- developed world now enjoys certainly imposes dues it already owes. tinues to be constructively engaged with the a concomitant obligation to help the less fortu- To get the U.N. money approved, the White House compromised on an important issue of people of Africa. It’s my hope as we approach nate. But this debt relief agreement is also principle, and may have encouraged radical the time to deliberate over a new Foreign Op- sound and prudent economic policy. The se- anti-abortion crusaders to expand their as- erations Conference Report we sincerely in- vere economic and social dislocation, and re- sault on abortion rights. Under the newly crease aid and debt relief to these needy na- sulting political instability in the world’s poorest agreed language, foreign family planning or- tions. Again, I strongly support the Foreign countries will inevitably impact the developed ganizations that spend their own money to Operations Conference Report and urge all world if it is not addressed. provide abortions or lobby for less harsh members to vote yes. Ever since the LDC debt crisis of the early abortion laws will now be legally ineligible Mr. LAFALCE. Mr. Speaker, the victory we 1980s, I have authored and pressed for pas- for American assistance. As part of the compromise, the administra- have achieved on debt relief is arguably the sage of debt relief legislation. As part of those tion won the right to waive this restriction most important legislative action the Congress efforts, I have repeatedly urged and authored if it chooses. But even with the waiver, no has taken this year, and brings real hope to bills to mobilize the resources inherent in IMF more than $15 million in American assist- the world’s poorest people and countries. It gold holdings. Today I am particularly pleased ance can be given to organizations engaged marks an important victory for all of those because the debt relief provisions of the omni- in abortion services or lobbying. That is committed to reducing poverty and improving bus bill substantially reflect the Banking Com- about the amount such groups got last year. the standards of living in the world’s highly in- mittee reported version of H.R, 1095, the debt Another part of the deal stipulates that if the administration exercises the waiver the debted poor countries. relief bill I introduced in March of this year. $385 million budgeted for aid to women’s It is a victory for Pope John Paul II, who has The agreement represents major victories for health groups will be reduced by $12.5 mil- said: us in the following areas: lion. ‘‘Christians will have to raise their voice on All bilateral debt of highly indebted poor The practical effect of these restrictions is behalf of all the poor of the world, proposing countries will be totally cancelled; likely to be small, at least for as long as the the jubilee as an appropriate time to give Fundamental reforms have been made to Clinton administration is in office and in- thought, among other things, to reducing sub- the IMF and World Bank programs, and the vokes the waiver provision. But there is no stantially, if not cancelling outright, the inter- relationship between those programs, to en- disguising the political victory it hands the anti-abortion crusaders in the House who national debt which seriously threatens the fu- sure a primary emphasis on poverty reduction were willing to hold American foreign policy ture of many nations.’’ rather than structural adjustment; to their ideological agenda. Although part of It is a victory for Bread for the World and Mobilization of IMF gold using a revaluation only a one-year spending bill, the language is Oxfam who have pressed consistently and ef- rather than a sale, and using the resulting likely to reappear in future years unless a fectively for ‘‘using U.S. leadership internation- monies only for debt relief rather than struc- majority of House members vote to exclude ally to provide deeper and faster debt relief to tural adjustment, has been specifically author- it. more countries, and directing the proceeds of ized; Senate Republicans, including committed debt relief to poverty reduction.’’ Greater transparency has been assured in abortion foes like Senator Jesse Helms, be- haved more responsibly than their House col- It is a victory for the United Church of regard to Paris Club deliberations on multilat- leagues on this issue. But the House obstruc- Christ, which has termed debt relief ‘‘one of eral debt reduction (an informal forum where tionists held firm, faced down the White the foremost economic, humanitarian and mainly industrial creditor countries discuss the House and walked away with a disturbingly moral challenges of our time’’ (John H. Thom- settlement of official loans to countries unable large share of what they wanted. as, President). to meet their debt service obligations); Mr. DAVIS of Illinois. Mr. Speaker, I rise in It is a victory for the Episcopal Church, Senate efforts to impose unreasonable trade support of the Foreign Operations Conference which has emphasized that ‘‘closely linked policies on recipient countries, which would Report and I applaud the Foreign Operations with this notion of Jubilee is our heritage of have severely restricted debt relief efforts, Subcommittee for joining together and bringing caring for the poor and needy. . . . We must have been defeated. to the floor a bill to make the world a better seize this historic opportunity to take moral ac- All of these achievements reflect priorities place. tion, grounded in Scripture and our compas- and emphases of the bill reported by the This is a good resolution, however I believe sion for those in need (Bishop Francis Camp- Banking Committee. it fails to provide an adequate amount of funds bell Gray).’’ While we should enjoy this victory, we must for Sub-Saharan African nations, the most It is a victory for the U.S. Catholic Con- not lose sight of the fact that much more re- needy nations of the world. U.S. leadership ference which has stated ‘‘we cannot let the mains to be done. The agreement does not and support are critical to the growth of Africa. new millennium begin without offering hope to contain money for the HIPC Trust Fund, nor In the past, our diplomatic efforts and bilateral millions of poor people in some of the world’s are such funds authorized. While the agree- aid programs have given significant stimulus most impoverished countries that the crushing ment provides for $123 million for bilateral to democracy-building and economic develop- burden of external debt will soon be relieved.’’ debt relief for FY 2000, the Administration had ment. Our contributions leveraged with those Had it not been for the concerted effort of requested $370 million, and is seeking $970 of other donations to the programs of the the Jubilee 2000 Movement, including the million over the next four years. We need to World Bank and in Sub-Saharan Africa have nongovernmental private and voluntary organi- fully meet that standard. Finally, the agree- reinforced economic policy reforms and infra- zations (NGOs) and the ecumenical array of ment provides for use of a large portion of the structure development across the continent. church and faith-based organizations that resources coming from revaluation of the IMF The increase aid and debt relief for Sub-Sa- have been pushing so hard for debt relief, we gold for debt reduction, but still only a portion. haran Africa has significant implications for would never have gotten to this point. The fol- I am fully committed to pressing the Con- U.S. interests. First, the progress realized to lowing organizations and many others fully gress to begin early next year to meet these

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00080 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.002 H18NO9 30716 CONGRESSIONAL RECORD—HOUSE November 18, 1999 needs and finish the good work we have start- Mr. COBLE. Mr. Speaker, I am pleased to version of the legislation. This is not to be in- ed. rise in support of S. 1948, which will be en- terpreted to indicate any change in the appli- Mr. CASTLE. Mr. Speaker, I am pleased to acted by reference upon the enactment of cation of the cable or satellite compulsory li- support H.R. 1095, the ‘‘Debt Relief for Pov- H.R. 3194. S. 1948, the ‘‘Intellectual Property censes as they applied before the enactment erty Reduction Act of 1999.’’ This legislation and Communications Omnibus Reform Act of of this legislation. The copyright compulsory li- has strong bipartisan support with over 130 1999,’’ concludes years of hard work and censes were created by Congress to address cosponsors. Providing debt relief for Heavily compromise. We spent considerable time bal- specific needs of a specific industry. Any fur- Indebted Poor Countries (HIPC) (ie. countries ancing the interests of our constituents, intel- ther application of a compulsory license will be with debt 220% higher than their annual ex- lectual property owners, satellite carriers, local decided by Congress, not by an industry or a ports or debt greater than 80% of their GNP), broadcasters, and independent inventors in court. I am incorporating in this statement let- is a crucial form of foreign aid desperately formulating this legislation. We have spent the ters from the Register of Copyrights, Marybeth needed by the citizens of these countries. past five years working on this legislation, and Peters, and from the Chairman and Ranking The United States won the Cold War not I can say without hesitation that this is a very Members of the Judiciary Committee and the only through military expenditures, but also good bill. This legislation will have a tremen- Subcommittee on Courts and Intellectual Prop- through foreign aid to countries that were tar- dously beneficial affect on the citizens of this erty and from Professor Arthur R. Miller of the geted by pro-communist forces. Many of these country, whether they are subscribers to sat- Harvard Law School which accurately restate countries were, at best, only beginning to ellite television, inventors, brand owners, or the eligibility and interpretation of the copyright evolve toward democracy and some were gov- Internet users. Title I of S. 1948, the ‘‘Satellite compulsory licenses. I am also enclosing ex- erned by autocrats who wasted these U.S. Home Viewer Improvements Act,’’ creates a tended remarks which express my views con- funds. Now future generations in these coun- new copyright license for local signals over cerning the legislative history for the ‘‘Intellec- tries are saddled by these overwhelming debts satellite and makes necessary changes to the tual Property and Communications Omnibus making it difficult to provide for their basic other television copyright licenses. Reform Act of 1999.’’ human needs—food, clothing, medicine, and We have all been concerned about a lack of On balance, this is a very good piece of leg- shelter. There is a consensus in the global competition in the multi-channel television in- islation and I urge all Members to support this community and among creditors from all sec- dustry and what that means in terms of prices constituent-friendly legislation. tors that some relief must be provided if these and services to our constituents. This bill gives CONGRESS OF THE UNITED STATES, countries are to be able to meet the basic the satellite industry a new copyright license HOUSE OF REPRESENTATIVES, COM- human needs to their citizens and grow their with the ability to compete on a more even MITTEE ON THE JUDICIARY, economies in their future. playing field, thereby giving consumers a Washington, DC, November 15, 1999. Whenever debt relief is debated, there is al- Hon. TOM BLILEY, ways cause for concern that creditors create a choice. Chairman, Committee on Commerce, ‘‘moral hazard’’ when they forgive the debts of With this competition in mind, the legislation U.S. House of Representatives, Washington, DC. others. The forgiveness of debt can encourage before us makes the following changes to the DEAR CHAIRMAN BLILEY. Thank you for debtors not to pay back interest on loans in Satellite Home Viewers Act. your letter concerning sections 1005(e) and the future. However, in this circumstance, it is 1. It reauthorizes the satellite copyright 1011(c) of the conference report on the Intel- compulsory license for five years. lectual Property and Communications Omni- important to distinguish that the debt burden bus Reform Act (‘‘IPCORA’’). these countries face is so great that it would 2. It allows new satellite customers who have received a network signal from a cable We do not believe there is any question be impossible for them to repay. This is a form about the current state of the law: Internet of international bankruptcy for these countries. system within the past three months to sign up and similar digital online communications The international community has recognized immediately for satellite service for those sig- services are not, and have never been, eligi- that conditions are so bad in these countries nals. This is not allowed today. ble to claim the cable copyright compulsory that future loans are not likely. Rather, grants 3. It provides a discount for the copyright license or satellite copyright compulsory li- are and will continue to be the form of assist- fees paid by the satellite carriers. cense created by sections 111 and 119 of the Copyright Act, respectively. The cable copy- ance these countries receive. 4. It allows satellite carriers to retransmit a local television station to households within right license was created in 1976 specifically As a strong fiscal conservative, I am cau- to apply to the nature of the cable industry. tious of programs that simply throw money at that station’s local market, just like cable does. 5. Protects existing subscribers from having The satellite license was created in 1988 spe- a problem. I believe government programs cifically to apply to the nature of the sat- must be carefully structured to maximize effi- their distant network service shut off at the ellite industry. It should be noted that the ciency and minimize waste in solving a prob- end of the year and protects all C-band cus- satellite industry could not avail itself of the lem. As originally drafted, H.R. 1095 contained tomers from having their network service shut cable license, because that license was cre- measures conditioning debt relief on economic off entirely. ated specifically for cable. It had to seek its reforms in these countries. History has proven 6. It allows satellite carriers to rebroadcast a own government license. The Internet serv- time and gain that free market capitalism national signal of the Public Broadcasting ices industry is not cable, nor is it satellite. It provides a new type of service which has maximizes efficiency and economic growth Service. 7. It empowers the FCC to conduct a rule- not been considered by the Congress for pur- better than any other market system. Helping poses of a copyright compulsory license. these countries move to a free market cap- making to determine appropriate standards for Consequently, the Internet services industry italism system is its own form of foreign aid in satellite carriers concerning which customers may not avail itself of the cable copyright li- addition to foreign aid grants or debt relief. In should be allowed to receive distant network cense or the satellite copyright license. If fact, teaching foreign countries that the market signals. such a government imposed license is to is the most efficient way to allocate scarce re- The satellite legislation before us today is a apply to such services, it must be created by sources is the only form of foreign aid that is balanced approach. It is not perfect, like most Congress specifically for those services. truly lasting. Transitioning to a new market pieces of legislation, but is a carefully bal- To my knowledge, no court, administrative anced compromise. For instance, I am ex- agency, or authoritative commentator has system is never easy. Change is always re- ever held or even intimated to the contrary. sisted by those empowered by the status quo. tremely disappointed the rural loan guarantee The Copyright Office, which administers If the ‘‘carrot’’ of debt relief can be used to program was deleted from this legislation. We these compulsory licenses, studied this issue overcome the status quo in these countries in included those provisions in our original Con- exhaustively in 1997 and came to the same order to guide them to lasting relief, then Con- ference Report to accompany H.R. 1554 to conclusion, which it reaffirmed in a letter gress should structure this debt relief program ensure all citizens, particularly those who live this week. The conference provisions to to accomplish this goal. Unfortunately, these in small or rural communities, will receive the which you object simply codify this well-es- economic reform conditions were amended benefit of the new local-to-local service. I tablished principle, nothing more. pledge I will do everything I can to ensure Compulsory licenses constitute govern- out of the original text during the House Bank- ment regulation of private ownership, and ing Committee Markup. those provisions are acted upon early in the therefore, like any other restriction on prop- Mr. Speaker, although I continue to support next session of Congress. erty, must be extended only with specific H.R. 1095, it is my intention to support efforts Additionally, language clarifying the applica- congressional action after considered delib- to restore the economic reform conditions be- tion and eligibility of these compulsory li- eration. They are not flexible, nor are they fore its final passage in the House. censes has also been deleted from this to be interpreted to evolve to accommodate

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new situations. Government regulation of LIBRARY OF CONGRESS, wide dissemination of broadcast signals via property is not to be decided by a court, but DEPARTMENT 17, the Internet poses major issues regarding the rather by Congress itself. Placing restric- Washington, DC, November 10, 1999. United States and international licensing of tions on property or preserving an ‘‘oppor- Hon. HOWARD COBLE, the signals, and that it would be premature for Congress to legislate a copyright compul- tunity’’ for someone to make a case to an Chairman, Subcommittee on Courts and Intel- lectual Property, Committee on the Judici- sory license to benefit Internet retransmit- agency or court to take property without au- ary, U.S. House of Representatives, Wash- ters at this time.’’ The Copyright Office be- thorization is not proper under the law, or is ington, DC. lieves that there would be serious inter- it proper in the context of this conference. DEAR CONGRESSMAN COBLE. I am writing to national implications if the United States A compulsory license is not an entitle- you today concerning pending proposals re- were to permit statutory licensing of Inter- ment, but a specific public policy determina- garding the Satellite Home Viewer Act, and net transmission of television broadcasts. Therefore I urge that no action be taken to tion by Congress in response to a specific particularly the compulsory copyright li- remove or alter section 1011(c) of the Con- demonstrated need. Whether online services censes addressed by that Act. As the director of the Copyright Office, the agency respon- ference Report. At this point, to do so could should have the benefit of a compulsory li- sible for implementing the compulsory li- be construed as a statement that digital on- cense to retransmit certain copyrighted ma- censes, I have followed the actions of the line communication services are eligible for terials without the permission of the copy- Congress with great interest. the section 111 license. Such a conclusion right owner must be considered on its own Let me begin by thanking you for all your would be reinforced in light of section merits after a need is demonstrated to the hard work and dedication on these issues, 1011(a)(1), which replaces the term ‘‘cable Congress. If Congress is to examine such a and by congratulating you on your success in system’’ in section 111 of Title 17 with the request, it must do so on the basis of a com- achieving a balanced compromise. Taken as term ‘‘terrestrial system.’’ In the absence of section 1011(c), section 1011(a)(1) might incor- plete record, not in the haste of the closing a whole, the Conference Report on H.R. 1554, the Intellectual Property and Communica- rectly be construed as implying a broadening hours of a session. Of course, nothing that is of the section 111 license to include Internet included in or omitted from the IPCORA tions Omnibus Reform Act of 1999, represents a clear step forward for the protection of in- transmissions. conference report (or any other pending leg- The Internet is unlike any other medium tellectual property. I particularly appreciate of communication the world has ever known. islation) could possibly foreclose Congress your support for provisions that improve the The application of copyright law to that me- from undertaking that examination in the ability of the Copyright Office to administer dium is of utmost importance, and I know future. Thus, any implication that approval its duties and protect copyrights and related that you have personally invested a great of the conference report would ‘‘perma- rights. deal of time and energy in recent years to as- nently’’ rule out any compulsory license for I was greatly concerned when I heard the sure that a balance of interests is reached. online services is unfounded. We are sure you statements of Members on the floor of the Permitting Internet retransmission of tele- did not intend to suggest otherwise. House suggesting that in the final few legis- vision broadcasts pursuant to the section 111 lative days of this session, subsection 1011(c) compulsory license would pose a serious Any resolution that we may adopt in the of the Conference Report should be amended future does not change the current law threat to that balance. or removed. Section 1011(c) makes unmistak- Please feel free to contact me if I can be of which requires that issues concerning the able what is already true, that the compul- any assistance on this matter. Thank you. dissemination of copyright materials over sory license for secondary transmissions of Sincerely, digital online communications services must television broadcast signals by cable systems MARYBETH PETERS, be addressed and resolved in the market- does not apply to digital on-line communica- Register of Copyrights. place, as no compulsory license currently ex- tion services. ists for such services. Nothing prevents It is my understanding that some services HARVARD LAW SCHOOL, Internet services from negotiating directly that wish to retransmit television program- Cambridge, MA, November 15, 1999. ming over the Internet have asserted that with owners of copyrights regarding any of Hon. ORRIN G. HATCH, they are entitled to do so pursuant to to the the exclusive rights guaranteed under sec- Chairman, Judiciary Committee, U.S. Senate, compulsory license of section 111 of Title 17. Washington, DC. tion 106 of the Copyright Act pursuant to Ar- I find this assertion to be without merit. The Hon. HENRY J. HYDE, ticle I, section 8, clause 8 of the Constitu- section 111 license, created 23 years ago in Chairman, Judiciary Committee, House of Rep- tion. the Copyright Act of 1976, was tailored to a resentatives, Washington, DC. heavily-regulated industry subject to re- We are currently prepared to consider DEAR CHAIRMEN HATCH AND HYDE: I am other means of expressing the same conclu- quirements such as must-carry, program- writing to you to express my views on a pro- ming exclusivity, and signal quota rules— sion in statutory language, but one way or posal to amend the cable and satellite com- issues that have also arisen in the context of pulsory licenses in Sections 111 and 119 of the the other it is essential that we spell out un- the satellite compulsory license. Congress ambiguously what the law now is. To do oth- Copyright Act. I have taught Copyright Law has properly concluded that the Internet at Harvard Law School, as well as Michigan erwise would sow confusion and risk encour- should be largely free of regulation, but the and Minnesota, for over thirty-five years and aging defiance of the law, and would under- lack of such regulation makes the Internet a have written extensively and lectured mine the well-settled property rights of a poor candidate for a compulsory license that throughout the world on this area of the law. key sector of the U.S. economy, the copy- depends so heavily on such restrictions. I be- In addition, I was very active in the legisla- right industries. Most significantly, it would lieve that the section 111 license does not tive process that led to the Copyright Act of also be a disservice to our common goal of and should not apply to Internet trans- 1976 and appointed by President Ford and encouraging the widespread dissemination of missions. served as a Commissioner on the Commission I also question the desirability of permit- copyrighted material through all available for New Technological Uses of Copyright ting any existing or future compulsory li- technologies. We stand ready to work with Works (CONTU). cense for Internet retransmissions of pri- The Conference Report on H.R. 1554, the In- you to avoid that outcome. mary television broadcast signals. In my tellectual Property and Communications Sincerely, comprehensive August 1, 1997 report to Con- Omnibus Reform Act of 1999, included HENRY J. HYDE, gress, A Review of the Copyright Licensing Re- amendments to Sections 111 and 119 to state Chairman. gimes Covering Retransmission of Broadcast explicitly that digital online communication JOHN CONYERS, Jr., Signals, Internet transmissions were ad- services do not fall within the definitions of Ranking Democratic dressed in chapter VIII, entitled ‘‘Should the ‘‘satellite carrier’’ and ‘‘terrestrial system’’ Member. Cable Compulsory License Be Extended to (currently ‘‘cable system’’) and, therefore, HOWARD COBLE, the Internet?’’ The report concluded that it are not eligible for either compulsory li- Chairman, Sub- was inappropriate to ‘‘besto[w] the benefits cense. I understand that Congress is cur- committee on Courts of compulsory licensing on an industry so rently considering deleting these amend- and Intellectual vastly different from the other retrans- ments or enacting legislation that would not Property. mission industries now eligible for compul- include them. I believe that the amendments HOWARD BERMAN, sory licensing under the Copyright Act.’’ were wholly unnecessary and that the dele- Ranking Democratic The report observed that ‘‘Copyright own- tion or exclusion of them will have no effect Member, Sub- ers, broadcasters, and cable interests alike on the law, which is absolutely clear digital committee on Courts strongly oppose . . . arguments for the Inter- online communication services are not enti- est retransmitters’ eligibility for any com- tled to the statutory license under either and Intellectual pulsory license. These commenters uni- Section 111 or Section 119 of the Copyright Property. formly decry that the instantaneous world- Act.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 30718 CONGRESSIONAL RECORD—HOUSE November 18, 1999 A compulsory license is an extraordinary statutory authority to the Copyright Office [Roll No 609] departure from the basic principles under- to interpret the Copyright Act, and the Su- lying copyright law and a substantial and preme Court’s indication that it also would YEAS—212 significant encroachment on a copyright defer to the Copyright Office’s interpretation Ackerman Hall (TX) Obey owners’ rights. Therefore, any embiguity in of the Copyright Act), Satellite Broadcasting Allen Hastings (FL) Olver the applicability of a compulsory license and Communications Assoc. v. Owens, 17 F.3d Andrews Hill (IN) Ortiz Baca Hilliard should be resolved against those seeking to 344, 345 (11th Cir. 1994) (holding that valid ex- Owens Baird Hinchey Pallone take advantage of what was intended to be a ercises of the Copyright Office’s statutory Baldacci Hinojosa Pascrell very narrow extension to the copyright pro- authority to interpret the provisions of the Baldwin Hoeffel Pastor prietor’s exclusive rights. As the Fifth Cir- compulsory licensing scheme are binding on Barcia Holden Payne cuit Court of Appeals has noted in a case in- the court). Barrett (WI) Holt Pelosi volving another compulsory license: the In summary, based on the unmistakable Becerra Hooley Peterson (MN) compulsory license provision is a limited ex- fact that digital online communication serv- Bentsen Hoyer Phelps Berkley Inslee Pickett ception to the copyright holder’s exclusive ices are ineligible for the cable and satellite Berman Jackson (IL) right to decide who shall make use of his compulsory licenses and the identical, un- Pomeroy Berry Jackson-Lee Price (NC) [work]. As such, it must be construed nar- equivocal interpretation by the Copyright Bishop (TX) Rahall rowly, lest the exception destroy, rather Blagojevich Jefferson Office, amendments to the existing statute Rangel Blumenauer John than prove, the rule. reiterating this legal truth are unnecessary. Reyes Bonior Johnson, E. B. Fame Publishing Co. v. Alabama Custom Consequently, the status quo with respect to Rivers Borski Jones (OH) Tape, Inc., 507 F.2d 667, 670 (5th Cir. 1975). who is eligible for the statutory licenses will Rodriguez Boswell Kanjorski In this situation, however, there is abso- remain undisturbed whether Congress de- Boucher Kaptur Roemer lutely no ambiguity as to the correct con- letes these amendments from the pending Boyd Kennedy Rothman struction of the cable and satellite compul- legislation or excludes them from subse- Brady (PA) Kildee Roybal-Allard sory licenses. Neither the language of the quent legislation. Brown (FL) Kilpatrick Rush Ryan (WI) Copyright Act, nor any statement of Con- Respectfully yours, Brown (OH) Kind (WI) Sabo gressional intent at the time of their enact- Capuano Kleczka ARTHUR R. MILLER, Sanchez ment, nor any judicial interpretation of Sec- Bruce Bromley Professor of Law. Cardin Klink Carson Kucinich Sanders tion III or Section 119 in any way suggests The SPEAKER pro tempore (Mr. Clay LaFalce Sandlin that these compulsory licenses could apply Sawyer PEASE). All time has expired. Clayton Lampson to digital online communication services. Clement Lantos Schakowsky And, as far as I know. the representative of Pursuant to House Resolution 386, Clyburn Larson Scott these services have not offered any sub- the previous question is ordered. Condit Lee Serrano Costello Levin Sherman stantive argument to the contrary—with MOTION TO RECOMMIT OFFERED BY MR. OBEY good reason. No reasonable person—or Coyne Lewis (GA) Shows Cramer Lipinski Sisisky court—could interpret these statutory li- Mr. OBEY. Mr. Speaker, I offer a mo- tion to recommit. Crowley Lofgren Skelton censes to embrace these services. Cummings Lowey Slaughter And if there was any doubt left in anyone’s The SPEAKER pro tempore. Is the Danner Lucas (KY) Smith (WA) mind, the federal agency charged with inter- gentleman opposed to the conference Davis (FL) Luther Snyder preting and implementing these statutory li- report? Davis (IL) Maloney (CT) Spratt DeFazio Maloney (NY) censes, the United States Copyright Office, Mr. OBEY. I think it is safe to say Stabenow has addressed this issue directly: retransmit- DeGette Markey Stark that I am. Delahunt Martinez Stenholm ting broadcast signals by way of the Internet DeLauro Mascara is clearly outside the scope of the current The SPEAKER pro tempore. The Strickland Deutsch Matsui Stupak compulsory licenses. In fact, the Copyright Clerk will report the motion to recom- Dicks McCarthy (MO) Tanner Office recommended in 1997 that Congress mit. Dixon McCarthy (NY) Tauscher not even create a new compulsory license, The Clerk read as follows: Doggett McDermott Taylor (MS) concluding that it would be ‘‘inappropriate Dooley McGovern Thompson (CA) Doyle McIntosh for Congress to grant Internet retransmit- Mr. Obey moves to recommit the con- Thompson (MS) Edwards McIntyre ference report on H.R. 3194 to the Committee Thune ters the benefits of compulsory licensing.’’ Engel McKinney of Conference with instructions that the Thurman See U.S. Copyright Office. A Review of the Eshoo McNulty House Managers not agree to any provisions Tierney Copyright Licensing Regimes Covering Re- Etheridge Meehan Towns transmission of Broadcast Signals (August 1, which would reduce or rescind appropria- Evans Meek (FL) Traficant 1997), at 99 and Executive Summary at xiii. tions for Veterans Medical Care. Farr Meeks (NY) Fattah Menendez Turner My work in the field of copyright over the The SPEAKER pro tempore. Without Udall (CO) past decades, especially my extensive activi- Filner Millender- objection, the previous question is or- Forbes McDonald Udall (NM) ties in connection with the development of dered on the motion to recommit. Ford Miller, George Velazquez the legislation that became the Copyright There was no objection. Frank (MA) Minge Vento Act of 1976, leads me to agree with the Of- Frost Mink Visclosky fice’s conclusions that it would be far too The SPEAKER pro tempore. The Gejdenson Moakley Waters premature to extend a compulsory license to question is on the motion to recommit. Gephardt Mollohan Watt (NC) the Internet. That conclusion seems sound The question was taken; and the Gonzalez Moore Waxman Weiner given the enormous differences between the Goode Moran (VA) Speaker pro tempore announced that Gordon Murtha Weygand Internet and the industries embraced by the the noes appeared to have it. Green (TX) Nadler Wise existing licensing provisions and the need to Mr. OBEY. Mr. Speaker, I object to Green (WI) Napolitano Woolsey engage in extensive research and analysis re- Gutierrez Neal Wu garding the potentially enormous implica- the vote on the ground that a quorum Hall (OH) Oberstar Wynn tions of digital communications. We simply is not present and make the point of do not know enough to legislate effectively order that a quorum is not present. NAYS—219 at this point. Doing so at this time—espe- The SPEAKER pro tempore. Evi- Abercrombie Blunt Chenoweth-Hage cially without hearing from numerous af- dently a quorum is not present. Aderholt Boehlert Coble fected interests—would create a risk of up- Archer Boehner Coburn The Sergeant at Arms will notify ab- Armey Bonilla Collins setting the delicate balance between the sent Members. rights of copyright proprietors and the inter- Bachus Bono Combest The SPEAKER pro tempore. Baker Bryant Cook ests of others. Ballenger Burr Cooksey Thus, in any judicial action, that might Pursuant to clause 9 of rule XX, the Barr Burton Cox materialize by against the providers of dig- Chair will reduce to a minimum of 5 Barrett (NE) Buyer Crane ital online communications services, the minutes the period of time within Bartlett Callahan Cubin court would be bound by the Copyright Of- which a vote by electronic device, if or- Barton Calvert Cunningham Bass Camp Davis (VA) fice’s interpretation of the statutory li- dered, will be taken on the question of censes. See Cablevision Systems Development Bateman Campbell Deal Bereuter Canady DeLay Co. v. Motion Picture Association of America, agreeing to the conference report. The vote was taken by electronic de- Biggert Cannon DeMint Inc., 836 F.2d 599, 609–610 (D.C. Cir. 1988) (de- Bilbray Castle Diaz-Balart ferring to the Copyright Office’s interpreta- vice, and there were—yeas 212, nays Bilirakis Chabot Dickey tion of Section 111, noting Congress grant of 219, not voting 4, as follows: Bliley Chambliss Dingell

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30719 Doolittle Kelly Rogers [Roll No. 610] Walden Weiner Wolf Dreier King (NY) Rohrabacher Walsh Weldon (PA) Woolsey Duncan Kingston Ros-Lehtinen YEAS—296 Wamp Weygand Wu Dunn Knollenberg Roukema Abercrombie Frost Miller (FL) Watt (NC) Whitfield Wynn Ehlers Kolbe Royce Ackerman Gallegly Miller, Gary Watts (OK) Wicker Young (AK) Ehrlich Kuykendall Ryun (KS) Aderholt Ganske Mink Waxman Wilson Young (FL) Emerson LaHood Salmon Allen Gekas Moakley English Largent Sanford Andrews Gephardt Moran (VA) NAYS—135 Everett Latham Saxton Archer Gibbons Morella Baird Gutknecht Peterson (MN) Ewing LaTourette Scarborough Armey Gilchrest Murtha Baldwin Hall (TX) Petri Fletcher Lazio Schaffer Baca Gillmor Myrick Barcia Hefley Phelps Foley Leach Sensenbrenner Bachus Gilman Nadler Barr Hill (IN) Pombo Fossella Lewis (CA) Sessions Baker Gonzalez Neal Barrett (WI) Hill (MT) Pomeroy Fowler Lewis (KY) Shadegg Baldacci Goodlatte Nethercutt Bartlett Hoeffel Rahall Franks (NJ) Linder Shaw Ballenger Goodling Ney Becerra Holden Ramstad Frelinghuysen LoBiondo Shays Barrett (NE) Goss Northup Berkley Holt Reyes Gallegly Lucas (OK) Sherwood Barton Granger Norwood Berry Hostettler Rivers Ganske Manzullo Shimkus Bass Greenwood Nussle Blumenauer Inslee Roemer Gekas McCollum Shuster Bateman Hall (OH) Olver Boswell Jackson (IL) Gibbons McCrery Simpson Bentsen Hansen Ortiz Brown (OH) Jackson-Lee Rohrabacher Gilchrest McHugh Skeen Bereuter Hastert Ose Burton (TX) Royce Gillmor McInnis Smith (MI) Berman Hastings (FL) Owens Campbell Johnson, Sam Ryan (WI) Gilman McKeon Smith (NJ) Biggert Hastings (WA) Packard Capuano Jones (NC) Ryun (KS) Goodlatte Metcalf Smith (TX) Bilbray Hayes Pascrell Carson Kaptur Salmon Goodling Mica Souder Bilirakis Hayworth Payne Chabot Kildee Sanchez Goss Miller (FL) Spence Bishop Herger Pease Chenoweth-Hage Kind (WI) Sanford Graham Miller, Gary Stearns Blagojevich Hilleary Pelosi Clayton Kleczka Scarborough Granger Moran (KS) Stump Bliley Hilliard Peterson (PA) Clement Kucinich Schaffer Greenwood Morella Sununu Blunt Hinchey Pickering Coburn Larson Schakowsky Gutknecht Myrick Sweeney Boehlert Hinojosa Pickett Condit LaTourette Sensenbrenner Hansen Nethercutt Talent Boehner Hobson Pitts Cook Lewis (GA) Shadegg Hastert Ney Tancredo Bonilla Hoekstra Porter Costello Lipinski Shays Hastings (WA) Northup Tauzin Bonior Hooley Portman Cox Lucas (OK) Simpson Hayes Norwood Taylor (NC) Bono Horn Price (NC) Coyne Luther Spence Hayworth Nussle Terry Borski Houghton Pryce (OH) Crane Maloney (CT) Stabenow Hefley Ose Thomas Boucher Hoyer Quinn Davis (FL) Manzullo Stark Herger Oxley Boyd Thornberry Hulshof Radanovich DeFazio Markey Stearns Hill (MT) Packard Tiahrt Brady (PA) Hunter Rangel DeGette McCarthy (MO) Strickland Hilleary Paul Toomey Brown (FL) Hutchinson Regula Delahunt McDermott Tanner Hobson Pease Upton Bryant Hyde Reynolds Doggett McInnis Taylor (MS) Hoekstra Peterson (PA) Vitter Burr Isakson Riley Doolittle McIntyre Terry Horn Petri Walden Buyer Istook Rodriguez Duncan Meehan Thompson (MS) Hostettler Pickering Walsh Callahan Jefferson Rogan Edwards Miller, George Houghton Pitts Wamp Calvert Jenkins Rogers Ehlers Minge Thurman Hulshof Pombo Watkins Camp John Ros-Lehtinen Etheridge Mollohan Toomey Hunter Porter Watts (OK) Canady Johnson (CT) Rothman Filner Moore Udall (CO) Hutchinson Portman Weldon (FL) Cannon Johnson, E. B. Roukema Ford Moran (KS) Udall (NM) Hyde Pryce (OH) Weldon (PA) Cardin Jones (OH) Roybal-Allard Gejdenson Napolitano Upton Isakson Quinn Weller Castle Kanjorski Rush Goode Oberstar Visclosky Istook Radanovich Whitfield Chambliss Kasich Sabo Gordon Obey Waters Jenkins Ramstad Wicker Clay Kelly Sanders Graham Oxley Watkins Johnson (CT) Regula Wilson Clyburn Kennedy Sandlin Green (TX) Pallone Weldon (FL) Johnson, Sam Reynolds Wolf Coble Kilpatrick Sawyer Green (WI) Pastor Weller Jones (NC) Riley Young (AK) Collins King (NY) Saxton Gutierrez Paul Wise Kasich Rogan Young (FL) Combest Kingston Scott Cooksey Klink Serrano NOT VOTING—4 NOT VOTING—4 Cramer Knollenberg Sessions Brady (TX) Conyers Crowley Kolbe Shaw Capps Wexler Brady (TX) Conyers Cubin Kuykendall Sherman Capps Wexler Cummings LaFalce Sherwood b 1736 Cunningham LaHood Shimkus Mr. GORDON changed his vote from 1725 Danner Lampson Shows b Davis (IL) Lantos Shuster ‘‘yea’’ to ‘‘nay.’’ Davis (VA) Largent Sisisky Messrs. GARY MILLER of California, Mrs. PRYCE of Ohio and Mr. HILL- Deal Latham Skeen IARD changed their vote from ‘‘nay’’ MANZULLO, DREIER, CUNNINGHAM, DeLauro Lazio Skelton and Mrs. MYRICK changed their vote DeLay Leach Slaughter to ‘‘yea.’’ from ‘‘yea’’ to ‘‘nay.’’ DeMint Lee Smith (MI) So the conference report was agreed Deutsch Levin Smith (NJ) to. Mr. LUTHER, Ms. RIVERS, Mr. Diaz-Balart Lewis (CA) Smith (TX) Dickey Lewis (KY) Smith (WA) The result of the vote was announced MCINTYRE, Mr. HILL of Indiana, Mr. Dicks Linder Snyder as above recorded. HILLIARD, Ms. CARSON, Messrs. Dingell LoBiondo Souder A motion to reconsider was laid on DOGGETT, LAFALCE, and GREEN of Dixon Lofgren Spratt the table. Dooley Lowey Stenholm Wisconsin, and Ms. MCKINNEY Doyle Lucas (KY) Stump The SPEAKER pro tempore (Mr. changed their vote from ‘‘nay’’ to Dreier Maloney (NY) Stupak PEASE). Pursuant to Section 2 of House ‘‘yea.’’ Dunn Martinez Sununu Resolution 386, House Concurrent Reso- Ehrlich Mascara Sweeney So the motion to recommit was re- Emerson Matsui Talent lution 234 is considered as adopted. jected. Engel McCarthy (NY) Tancredo f English McCollum Tauscher The result of the vote was announced Eshoo McCrery Tauzin REMOVAL OF NAME OF MEMBER as above recorded. Evans McGovern Taylor (NC) AS COSPONSOR OF H. CON. RES. Everett McHugh Thomas 173 The SPEAKER pro tempore (Mr. Ewing McIntosh Thompson (CA) PEASE). The question is on the con- Farr McKeon Thornberry Mrs. TAUSCHER. Mr. Speaker, I ask ference report. Fattah McKinney Thune unanimous consent that my name be Fletcher McNulty Tiahrt removed as a cosponsor of H. Con. Res. Pursuant to clause 10 of rule XX, the Foley Meek (FL) Tierney Forbes Meeks (NY) Towns 173. yeas and nays are ordered. Fossella Menendez Traficant The SPEAKER pro tempore. Is there The vote was taken by electronic de- Fowler Metcalf Turner objection to the request of the gentle- Frank (MA) Mica Velazquez vice, and there were—yeas 296, nays Franks (NJ) Millender- Vento woman from California? 135, not voting 4, as follows: Frelinghuysen McDonald Vitter There was no objection.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 30720 CONGRESSIONAL RECORD—HOUSE November 18, 1999 FURTHER CONTINUING APPRO- Mr. Speaker, I withdraw my reserva- John R. Mikel, Staff Asst. PRIATIONS FOR FISCAL YEAR tion of objection. Charles R. Parkinson, Staff Asst. 2000 Mr. OBEY. Mr. Speaker, reserving Dale Oak, Staff Asst. the right to object, I would ask the Elizabeth Morra, Communications Dir. Mr. YOUNG of Florida. Mr. Speaker, John Scofield, Deputy Communications gentleman from Florida (Mr. YOUNG) to pursuant to House Resolution 385, I Dir. explain both the amendment that he is call up the joint resolution (H.J. Res. Diann Kane, Adm. Asst. proposing and the resolution. 83) making further continuing appro- Tracey LaTurner, Adm. Aide. Mr. YOUNG of Florida. Mr. Speaker, Sandra Farrow, Adm. Aide. priations for the fiscal year 2000, and will the gentleman yield? for other purposes, and ask for its im- Brian Mabry, Adm. Aide. Mr. OBEY. I yield to the gentleman Theodore Powell, Office Asst. mediate consideration in the House. from Florida. Lawrence Boarman, Editor. The Clerk read the title of the joint Mr. YOUNG of Florida. The purpose Catherine Edwards, Adm. Aide. resolution. of the amendment will address the COMPUTER SUPPORT The text of House Joint Resolution 83 issue of the previous continuing resolu- Kenneth M. Marx, Staff Asst. is as follows: tion. The CR that we passed earlier Timothy J. Buck, Staff Asst. H.J. RES. 83 today would have authorized con- Carrie Campbell, Staff Asst. Resolved by the Senate and House of Rep- tinuing appropriations from today John J. Sivulich, Staff Asst. resentatives of the United States of America in until November 23. Because of the con- AGRICULTURE SUBCOMMITTEE Congress assembled, That Public Law 106–62 is cern in the Senate that they may need Henry R. Moore, Staff Asst. further amended by striking ‘‘November 23, a little extra time in dealing with this John Ziolkowski, Staff Asst. 1999’’ in section 106(c) and inserting in lieu proposal and to give the President suf- Martin P. Delgado, Staff Asst. thereof ‘‘December 2, 1999’’, and by striking Joanne L. Orndorff, Adm. Aide. ‘‘$346,483,754’’ in section 119 and inserting in ficient time to adequately review the lieu thereof ‘‘$755,719,054’’. Public Law 106–46 appropriations agreement, this amend- COMMERCE, JUSTICE, STATE, JUDICIARY is amended by striking ‘‘November 23, 1999’’ ment would change the date from No- SUBCOMMITTEE and inserting in lieu thereof ‘‘December 2, vember 23 to December 2 to today until James W. Kulikowski, Staff Asst. 1999’’. December 2. Jennifer Miller, Staff Asst. The SPEAKER pro tempore. Pursu- Mr. OBEY. Further reserving the John M. Ringler, Staff Asst. Cordia A. Strom, Staff Asst. ant to House Resolution 385, the gen- right to object, would the gentleman DISTRICT OF COLUMBIA SUBCOMMITTEE tleman from Florida (Mr. YOUNG) and explain the amendment that strikes the gentleman from Wisconsin (Mr. November 23 and inserts November 18? Americo S. Miconi, Staff Asst. Mr. YOUNG of Florida. November 18 OBEY) each will control 30 minutes. LEGISLATIVE BRANCH SUBCOMMITTEE The Chair recognizes the gentleman is today, and we are amending this res- Edward E. Lombard, Staff Asst. olution so that it begins today and from Florida (Mr. YOUNG). ENERGY AND WATER DEVELOPMENT runs until December 2. SUBCOMMITTEE GENERAL LEAVE Mr. OBEY. So it is purely technical? Mr. YOUNG of Florida. Mr. Speaker, Mr. YOUNG of Florida. Purely tech- James D. Ogsbury, Staff Asst. Jeanne L. Wilson, Staff Asst. I ask unanimous consent that all Mem- nical. However, it does give additional bers may have 5 legislative days within Donald M. McKinnon, Staff Asst. time to the Senate and provides addi- Melanie Marshall, Adm. Aide. which to revise and extend their re- tional time for the President to use his FOREIGN OPERATIONS SUBCOMMITTEE marks on H.J. Res. 83 and that I may full 10 days, if he so desires, to review include tabular and extraneous mate- Charles O. Flickner, Staff Asst. this legislation. John Shank, Staff Asst. rial. Mr. OBEY. Mr. Speaker, further re- The SPEAKER pro tempore. Is there Christopher Walker, Staff Asst. serving the right to object, let me sim- Lori Maes, Adm. Aide. objection to the request of the gen- ply take 10 seconds to thank the staff INTERIOR SUBCOMMITTEE tleman from Florida? on both sides of the aisle for all of the There was no objection. Deborah A. Weatherly, Staff Asst. work that they have done. Even when Loretta C. Beaumont, Staff Asst. AMENDMENT OFFERED BY MR. YOUNG OF that work sometimes produces turkeys Joel Kaplan, Staff Asst. FLORIDA as a result, it is not the fault of the Christopher Topik, Staff Asst. Mr. YOUNG of Florida. Mr. Speaker, staff; it is at the direction of the politi- Angelina Perry, Adm. Aide. I ask unanimous consent that the cians themselves. LABOR, HHS, EDUCATION SUBCOMMITTEE amendment at the desk be agreed to. Mr. YOUNG of Florida. Mr. Speaker, S. Anthony McCann, Staff Asst. The SPEAKER pro tempore. The will the gentleman yield? Robert L. Knisely, Staff Asst. Clerk will report the amendment. Mr. OBEY. I yield to the gentleman Carol A. Murphy, Staff Asst. The Clerk read as follows: from Florida. Susan Firth, Staff Asst. Amendment offered by Mr. YOUNG of Flor- Mr. YOUNG of Florida. Mr. Speaker, Francine Salvador, Adm. Aide. ida: I would like to join the gentleman in MILITARY CONSTRUCTION SUBCOMMITTEE Strike ‘‘November 23’’ where it appears that commendation of the appropri- Elizabeth C. Dawson, Staff Asst. twice in the resolution and insert in lieu ators and their staff, with our clerk Brian L. Potts, Staff Asst. thereof ‘‘November 18’’. Jim Dyer and your clerk Scott Lilly, Mary Arnold, Adm. Aide. The SPEAKER pro tempore. Is there with the front office staff, John Mikel DEFENSE SUBCOMMITTEE objection to the request of the gen- and Chuck Parkinson and all of the Kevin M. Roper, Staff Asst. tleman from Florida? members of the Committee on Appro- Elizabeth Phillips, Staff Asst. Mr. THOMAS. Mr. Speaker, reserving priations staff. When we finished at 2:00 David F. Kilian, Staff Asst. the right to object, and I shall not ob- or 3:00 in the morning, they worked Douglas M. Gregory, Staff Asst. ject, I rise to allow the House to recog- until 5:00 or 6:00 in the morning and Tina W. Jonas, Staff Asst. nize a public servant who for 21 years they have worked almost every week- Patricia E. Ryan, Staff Asst. served this House, went into retire- end for the last 2 months. They have Gregory J. Walters, Staff Asst. ment 11 years ago and when the House done a really dynamic job, and I appre- Paul Juola, Staff Asst. Alicia Jones, Staff Asst. asked would Bob Berry please come ciate the gentleman raising that issue. Steven Nixon, Staff Asst. back and help us attend to the business There are many more staff on the David L. Norquist, Staff Asst. of the House, Bob Berry came out of re- Committee on Appropriations that I Jennifer Mummert, Adm. Aide. tirement in a very difficult time and would like to now recognize for the ex- Sherry Young, Adm. Aide. allowed this House to function as we cellent work that they do. TRANSPORTATION SUBCOMMITTEE would like to function. COMMITTEE ON APPROPRIATIONS John T. Blazey, Staff Asst. Bob Berry, the House owes to you our FULL COMMITTEE STAFF Richard E. Efford, Staff Asst. gratitude. James W. Dyer, Clerk and Staff Director. Stephanie Gupta, Staff Asst.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30721 Linda J. Muir, Adm. Aide. The joint resolution, as amended, REMOVAL OF NAME OF MEMBER TREASURY, POSTAL SERVICE SUBCOMMITTEE was agreed to. AS COSPONSOR OF H.R. 2699 Michelle B. Mrdeza, Staff Asst. A motion reconsider was laid on the Mr. CHAMBLISS. Mr. Speaker, I ask Jeffrey Ashford, Staff Asst. table. unanimous consent that my name be Robert A. Schmidt, Staff Asst. removed as a cosponsor of H.R. 2699. Tammy S. Hughes, Adm. Aide. f The SPEAKER pro tempore. Is there VA–HUD SUBCOMMITTE objection to the request of the gen- Frank M. Cushing, Staff Asst. REPORT ON NATION’S ACHIEVE- tleman from Georgia? Timothy L. Peterson, Staff Asst. MENTS IN AERONAUTICS AND There was no objection. Valerie Baldwin, Staff Asst. SPACE DURING FISCAL YEAR f Dena Baron, Staff Asst. 1998—MESSAGE FROM THE PRESI- WAIVING POINTS OF ORDER MINORITY STAFF DENT OF THE UNITED STATES R. Scott Lilly, Minority Staff Director. AGAINST CONFERENCE REPORT Gregory R. Dahlberg, Minority Staff Asst. The SPEAKER pro tempore laid be- ON H.R. 1180, TICKET TO WORK Delacroix Davis, Minority Staff Asst. fore the House the following message AND WORK INCENTIVES IM- Patricia Schlueter, Minority Staff Asst. from the President of the United PROVEMENT ACT OF 1999 David Reich, Minority Staff Asst. States; which was read and, together Mr. HASTINGS of Washington. Mr. William Stone, Minority Staff Asst. with the accompanying papers, without Speaker, by direction of the Com- Mark Murray, Minority Staff Asst. objection, referred to the Committee mittee on Rules, I call up House Reso- Cheryl L. Smith, Minority Staff Asst. on Science: Mark J. Mioduski, Minority Staff Asst. lution 387 and ask for its immediate Sally Chadbourne, Minority Staff Asst. To the Congress of the United States: consideration. Thomas Forhan, Minority Staff Asst. I am pleased to transmit this report The Clerk read the resolution, as fol- Edith Hardin, Minority Staff Asst. on the Nation’s achievements in aero- lows: Robert Bonner, Minority Adm. Aide. nautics and space during Fiscal Year H. RES. 387 Rebecca Greenberg, Minority Adm. Aide. (FY) 1998, as required under section 206 Resolved, That upon adoption of this reso- SURVEYS AND INVESTIGATIONS STAFF of the National Aeronautics and Space lution it shall be in order to consider the R.W. Vandergrift, Chief and Director. Act of 1958, as amended (42 U.S.C. 2476). conference report to accompany the bill Robert J. Reitwiesner, Deputy Director. Aeronautics and space activities in- (H.R. 1180) to amend the Social Security Act Robert Pearre, Assistant Director. volved 14 contributing departments and to expand the availability of health care cov- Sharon A. Cekala, Investigator. erage for working individuals with disabil- agencies of the Federal Government, ities, to establish a Ticket to Work and Self- Michael O. Glynn, Investigator. and the results of their ongoing re- Dennis K. Lutz, Investigator. Sufficiency Program in the Social Security Noble Holmes, Investigator. search and development affect the Na- Administration to provide such individuals Doug Nosik, Investigator. tion in many ways. with meaningful opportunities to work, and L. Michael Welsh, Investigator/Asst. Direc- A wide variety of aeronautics and for other purposes. All points of order tor. space developments took place during against the conference report and against its Herman C. Young, Investigator/Asst. Di- FY 1998. The National Aeronautics and consideration are waived. The conference re- port shall be considered as read. rector. Space Administration (NASA) success- Ann M. Stull, Admin. Officer. fully completed five Space Shuttle The SPEAKER pro tempore. The gen- Victoria Decatur-Brodeur, Secretary. flights. There were 29 successful Ex- tleman from Washington (Mr. Janes E. Graham, Secretary. HASTINGS) is recognized for 1 hour. pendable Launch Vehicle (ELV) Regina L. Martinez, Secretary. Mr. HASTINGS of Washington. Mr. launches in FY 1998. Of those, 3 were Johannah O’Keeffe, Secretary. Speaker, for the purposes of debate Tracey E. Russell, Secretary. NASA-managed missions, 2 were only, I yield the customary 30 minutes Joyce C. Stover, Secretary. NASA-funded/Federal Aviation Admin- to the distinguished gentlewoman from istration (FAA)-licensed missions, 8 Mr. OBEY. Merry Christmas. New York (Ms. SLAUGHTER), pending Mr. YOUNG of Florida. Happy were Department of Defense (DOD)- which I yield myself such time as I Thanksgiving. managed missions, and 16 were FAA-li- may consume. During consideration of Mr. OBEY. Mr. Speaker, I withdraw censed commercial launches. Scientists this resolution, all time yielded is for my reservation of objection. also made some dramatic new discov- the purpose of debate only. The SPEAKER pro tempore. Is there eries in various space-related fields Mr. Speaker, H. Res. 387 would grant objection to the amendment offered by such as space science, Earth science, a rule waiving all points of order the gentleman from Florida? and remote sensing, and life and micro- against the conference report to ac- There was no objection. gravity science. In aeronautics, activi- company H.R. 1180, the Ticket to Work The SPEAKER pro tempore. The ties included work on high-speed re- Incentives Improvement Act of 1999, amendment is agreed to. search, advanced subsonic technology, and against its consideration. The rule and technologies designed to improve further provides that the conference re- b 1745 the safety and efficiency of our com- port shall be considered as read. Mr. YOUNG of Florida. Mr. Speaker, mercial airlines and air traffic control Mr. Speaker, the conference report to I yield back the balance of my time. system. accompany H.R. 1180 establishes a tick- The SPEAKER pro tempore (Mr. Close international cooperation with et to work program for recipients of PEASE). All time for debate has ex- Russia occurred on the Shuttle-Mir Social Security disability benefits to pired. docking missions and on the ISS pro- seek vocational rehabilitation and em- The joint resolution, as amended, is gram. The United States also entered ployment services as well as enabling considered as having been read for into new forms of cooperation with its those individuals to work while keep- amendment. partners in Europe, South America, ing their health insurance. This legis- Pursuant to House Resolution 385, and Asia. lation also creates new options for the previous question is ordered. Thus, FY 1998 was a very successful States to allow disabled individuals to The question is on the engrossment one for U.S. aeronautics and space pro- purchase Medicaid insurance. and third reading of the joint resolu- grams. Efforts in these areas have con- The conference agreement also pro- tion. tributed significantly to the Nation’s vides approximately $15.8 billion in tax The joint resolution was ordered to scientific and technical knowledge, relief over 5 years, $18.4 billion over 10 be engrossed and read a third time, and international cooperation, a healthier years, by extending certain tax credits. as read the third time. environment, and a more competitive This tax extenders package includes re- The SPEAKER pro tempore. The economy. newal of several expiring tax credit question is on the passage of the joint WILLIAM J. CLINTON. provisions, including the R&D tax cred- resolution, as amended. THE WHITE HOUSE, November 18, 1999. it, the Work Opportunity Tax Credit,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 30722 CONGRESSIONAL RECORD—HOUSE November 18, 1999 and the Welfare-to-Work Tax Credit as to continue receiving certain benefits, creasing the minimum wage for work- well as providing tax relief for individ- particularly health coverage, while re- ing families, and halting the violence uals and families by protecting at least turning to work. The proposal also pro- and gunfire which threatens our homes 1 million families from higher taxes vides for more State flexibility and and our communities. over the next 3 years due to the AMT serving individuals with disabilities Mr. Speaker, by all accounts, this tax. Finally, the measure includes ap- through health programs, associated will be the final rule to be considered proximately $2.6 billion in revenue off- services like transportation assistance, this century. This is also the final rule sets over the next 5 years and $2.9 bil- and training. of this millennium. Those of us who lion over the next 10 years. This legislation does not benefit only serve on this important committee are Mr. Speaker, I applaud the gen- persons with disabilities, it also has keenly aware of its historical and insti- tleman from Texas (Chairman ARCHER) major benefits for the Federal Govern- tutional role in this Congress on behalf and the gentleman from New York (Mr. ment and the taxpayer. If an additional of the American people. Grounded by RANGEL), ranking member, for their one-half of 1 percent of the current So- that tradition and honored by the op- leadership in resolving the many com- cial Security Disability and Supple- portunity, we are thankful to the Mem- plex issues contained in this legislation mental Security Income recipients bers who have gone before us, and we and urge my colleagues to support both were to cease receiving benefits as a re- look forward to the new millennium the rule and the conference report sult of employment, the savings and and meeting the challenges facing the itself. cash assistance would total $3.5 billion American people in the 21st Century. I Mr. Speaker, I reserve the balance of over the worklife of the individuals. am grateful for my colleagues on the my time. This worthy legislation was passed Ms. SLAUGHTER. Mr. Speaker, I Committee on Rules. by the House overwhelmingly earlier Mr. Speaker, I reserve the balance of yield myself such time as I may con- this year, and I expect it will enjoy sume, and I want to thank the gen- my time. similar support today. Mr. HASTINGS of Washington. Mr. tleman from Washington (Mr. Part B of the underlying bill is a col- Speaker, I yield myself such time as I HASTINGS) for yielding me the time. lection of tax extenders. I am pleased Mr. Speaker, I have heard it said that may consume. that this agreement includes a 5-year human beings exhibit their most cre- extension for research and development Mr. Speaker, I thank the gentle- ative potential when they are kinder- tax credit. Science and technology are woman from New York (Ms. SLAUGH- garten age. Well, whoever said that critical for our future development, our TER) for noting that this is the last probably needs to spend a little time knowledge about the world around us, rule of this millennium. From my per- around here at the end of a session. and our understanding of ourselves. spective, I had forgotten about that, There is some very creative work being I have long been a strong supporter and I thank the gentlewoman for bring- done. ing it up. Vexing problems which have been of incentives to encourage businesses to invest in the development of new Mr. Speaker, I reserve the balance of around for months and may be even my time. years are suddenly solved when the technologies and products. Through its Ms. SLAUGHTER. Mr. Speaker, I sand starts running out of the Congres- existence, the R&D tax credit has have no requests for time, and I yield sional hour glass, or they are suddenly served as a fundamental component of back the balance of my time. turned into bargaining chips. Witness our Nation’s competitiveness strategy what is happening with reproductive by increasing the amount of research Mr. HASTINGS of Washington. Mr. rights and the payment of our UN undertaken by the private sector. Speaker, I yield back the balance of debts. One key provision which I would my time, and I move the previous ques- Major issues which have languished have strongly supported had it been al- tion on the resolution. unattended are addressed and then lowed to remain in the bill would have The previous question was ordered. tossed abroad whenever the legislative entitled workers to better pension ben- The resolution was agreed to. vehicle is leaving the station. Mean- efits through what is known as section A motion to reconsider was laid on while, many others, such as the bill of 415 of the tax code. But, regrettably, the table. rights protecting people from their this provision was left at the station. In addition, the bill includes a delay HMOs or efforts to fight gun violence f never get their tickets punched. in the implementation of rules pro- posed by the Department of Health and But rest assured, Mr. Speaker, the ELECTION OF MEMBER TO CER- American people want a Patients’ Bill Human Services to restructure organ allocation in our Nation. While this TAIN STANDING COMMITTEES OF of Rights, they want us to do better on THE HOUSE gun violence, and they will be watching delay is not likely to please people on when we return in the year 2000. either side of this emotional issue, it Mr. FROST. Mr. Speaker, I offer a As for the rule which is currently be- should at least allow the Congress to resolution (H. Res. 391), and I ask unan- fore us, H. Res. 387, it provides for the debate this matter more fully when we imous consent for its consideration in consideration of several disparate return in January. the House. issues which have been corralled under Mr. Speaker, my main regret on the The SPEAKER pro tempore. The a single bill title. legislation is that we are dealing with Clerk will report the resolution. Part A of the bill is the Work Incen- what should have been several bills and The Clerk read as follows: tives Improvement Act, a bill to mod- are, instead, forced to consider them as H. RES. 391 ernize our woefully outdated national a single package. This approach limits disability policies. debate and prohibits many Members Resolved, That the following named Mem- When policies on Medicaid and other from exercising their right to discuss ber be, and is hereby, elected to the fol- programs for the disabled were first de- the legislation. It is unfair and it is un- lowing standing Committees of the House of Representatives: necessary. There is no reason why veloped decades ago, having a dis- Committee on Agriculture and Committee ability often meant that an individual these bills should not have been on Science: Mr. Baca of California. is confined to home or an institution. brought up earlier under open rules Today, however, with advances in tech- with full debate. This is to say nothing The SPEAKER pro tempore. Is there nology, training, and rehabilitation, of the many, many worthwhile bills objection to the request of the gen- many individuals with disabilities are that are being pushed aside altogether tleman from Texas? allowed to hold good jobs and live very in the majority’s rush to adjourn. There was no objection. full lives in the mainstream of society. But we are coming back with re- The resolution was agreed to. The Work Incentives Improvement newed energy and commitment to pass- A motion to reconsider was laid on Act will allow persons with disabilities ing the Patients’ Bill of Rights, in- the table.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.002 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30723 b 1800 made health insurance more portable, on together, that we might have found CONFERENCE REPORT ON H.R. 1180, we passed tax breaks for long-term a more bipartisan tone than the one TICKET TO WORK AND WORK IN- health care and to cut health insurance which the gentleman has just expressed CENTIVES IMPROVEMENT ACT costs for people who buy their own today. OF 1999 health insurance, unfortunately, only The gentleman talks about the ac- to see all those vetoed by the Presi- complishments and what has been done Mr. ARCHER. Mr. Speaker, pursuant dent. And now we have modernized a for those people that are disabled as to House Resolution 387, I call up the key program for people with disabil- though his Democratic colleagues did conference report on the bill (H.R. 1180) ities so that the Government is a help not join with him to make this bill all to amend the Social Security Act to and not a hindrance. Mr. Speaker, that that it is. The President presented this expand the availability of health care is truly a record of achievement and to the Congress and we worked to- coverage for working individuals with progress. gether, and I agree that we do have a disabilities, to establish a Ticket to Another significant victory is the tax good bill. Work and Self-Sufficiency Program in relief package in this bill. Because of There are some things that the gen- the Social Security Administration to our action, millions of families can tleman does not talk about, and I ex- provide such individuals with meaning- now breathe easier knowing they will pect that there is good reason for it. ful opportunities to work, and for other not get hit with a surprise tax hike for The gentleman has a delay here for the purposes. the next 3 years because we fixed the President’s program dealing with The Clerk read the title of the bill. alternative minimum tax. The AMT is transportation network for organ pro- The SPEAKER pro tempore (Mr. a perfect example of an out-of-control curements, and the gentleman delays PEASE). Pursuant to House Resolution Tax Code. Under the AMT, taxpayers this from going into effect. It is con- 387, the conference report is considered are not allowed to claim the full child troversial; it has nothing to do with as having been read. tax credit, the dependent care tax cred- taxes, but somehow the gentleman got (For conference report and state- it, the Hope Scholarship tax credit, and that in there. ment, see proceedings of the House of other tax credits which Congress The gentleman has some other bill November 17, 1999, at page H12174.) passed to help Americans make ends that came from the other side, a con- The SPEAKER pro tempore. The gen- meet. So the Tax Code was giving on tractor that deals with NOAA. It has tleman from Texas (Mr. ARCHER) and one hand while quickly taking away nothing to do with taxes or the dis- the gentleman from New York (Mr. with the other. This bill, today, fixes abled. RANGEL) each will control 30 minutes. that for middle-income families, hun- And then, when we get involved with The Chair recognizes the gentleman dreds of thousands of them, for the taxes, the gentleman talked about a from Texas (Mr. ARCHER). next 3 years. Congress that produces. Well, I had GENERAL LEAVE This bill also helps American compa- hoped that we would not end on this Mr. ARCHER. Mr. Speaker, I ask nies maintain their cutting edge of re- note; but the last I heard from the ma- unanimous consent that all Members search and development which will jority, they were pulling up the Tax may have 5 legislative within which to lead to new products, better medicines Code by the roots. True, that was 6 revise and extend their remarks and in- and a higher standard of living for con- years ago, 5 years ago, 4, 3, 2, 1, and clude extraneous material on the con- sumers because it extends the most im- continuously counting down. The clos- ference report H.R. 1180. portant R&D tax credit. For the first est the other side came to even dealing The SPEAKER pro tempore. Is there time in a long while, we have extended with the Tax Code, as I recall, was a objection to the request of the gen- the tax credit for 5 years instead of $792 billion tax cut that never even got tleman from Texas? hand-to-mouth year after year, on off the ground. And if we were to just There was no objection. which no one can fully depend. Now weigh that bill, I hardly believe that Mr. ARCHER. Mr. Speaker, I yield businesses can plan for the future. even the staunchest conservative Re- myself such time as I may consume. Another significant achievement of publican would say that it simplified Mr. Speaker, today I rise in strong this bill is that Congress convinced the the Tax Code. support of H.R. 1180, the Ticket to President that American taxpayers are Now, I would have to agree with the Work and Work Incentives Act, which paying too much and deserve some of gentleman that on the expiring provi- also contains an important package of their money back. Yes, it is only a sions, the extensions of legislation that tax relief for American workers and small portion, but any amount of tax- is existing law, that the gentleman and families. payer funds that can be gotten out of I worked together not as a Democrat or First, let me discuss the Ticket to Washington is money that cannot be a Republican, but we worked together Work and Work Incentives Act. Most of spent on making government bigger. as tax writers, and with the help of the those receiving disability benefits And that is exactly what this bill does. administration we were able to get today, due to the severity of their im- This is one more achievement for a these provisions paid for. We were able pairments, cannot attempt to work. Congress that keeps delivering for the to put it in in a responsible way. Today, however, the Americans with American people. We have made his- We could not stop all of the irrespon- Disabilities Act, along with advances toric progress in paying down the debt, sible things the other side wanted to in technology, medicine and rehabilita- $140 billion alone in the last 2 years. do, so some people might want to focus tion, are opening doors of opportunity We are locking away the Social Secu- on how the Republicans intend to make never thought possible to individuals rity surplus so it cannot be spent on electricity out of chicken waste. But with disabilities. Now people can tele- other things, and we are working on a the gentleman insisted on the provi- commute to work. There are voice-ac- long-term plan to save Social Security sion, we have it here, and God bless. tivated computers. And, as technology for all time. And now we have agreed The gentleman can join the wind and provides new ways to clear hurdles pre- to start returning a portion of the non- the closed-loop biomass, and if that is sented by a disability, government Social Security surplus to the tax- the way the other side wants to spend must also keep pace by providing op- payers who send it here, and that is the credits, they are the majority and portunity and not just dependency. real progress. they can do it. But that is one of the Government should be helping people Mr. Speaker, I reserve the balance of things that we did not want to be asso- to work, not building barriers to inde- my time. ciated with. pendence and freedom. Mr. RANGEL. Mr. Speaker, I yield But I agree with the gentleman on This is one more victory in a string myself such time as I may consume. the other good provisions. What are of health care achievements that the Mr. Speaker, I was hoping that on they? The extensions of existing law; Republican Congress has guided into this last bill, that the gentleman from to say that this Congress will not be ir- law. We strengthened Medicare, we Texas (Mr. ARCHER) and I have worked responsible and allow these provisions

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30724 CONGRESSIONAL RECORD—HOUSE November 18, 1999 to expire without doing the right Although these ESOPs S-Corporation The ADA did not remove all the barriers within thing. legislation was not enacted in this bill current federal programs that prohibit people So what I would like to say to the this session, I am pleased that Con- with disabilities from working. It’s time to elimi- gentleman from Texas (Mr. ARCHER) is gress resisted the administration’s plan nate work disincentives for people with disabil- that he has no idea the pleasure it has to dismantle ESOPs, because they are ities! been working with him on these posi- highly effective retirement savings Eliminating work disincentives for people tive things. And the only reason I programs. with disabilities is not just humane public pol- stand up to point out some differences We are going to be back with this icy, it is sound fiscal policy. It’s not only the with the gentleman is that I would ap- next year, and again I thank the chair- right thing to do; it’s the cost-effective thing to preciate the gentleman not calling man for his leadership. do! them Republican initiatives. The good Mr. Speaker, I rise in strong support of the Discouraging people with disabilities from ones are the bipartisan initiatives; the bill before us. Helping people with disabilities working, earning a regular paycheck, paying bad ones belong to the other side. live up to their full potential has been one of taxes and moving off public assistance actu- Mr. Speaker, I reserve the balance of my top priorities even since I was first elected ally results in reduced federal revenues. my time. to public office. People with disabilities have to make deci- Mr. ARCHER. Mr. Speaker, I yield I also strongly support the important tax ex- sions based on financial reality. Should they myself such time as I may consume tender provisions which will save families from consider returning to work or even making it simply to say that I think that it is un- being unfairly penalized by the Alternative through vocational rehabilitation, the risk of fortunate that the gentleman from Minimum Tax and will keep U.S. businesses losing vital federal health benefits often be- New York has sought to try to, competitive, innovative and job-creating. comes too threatening to future financial sta- through his rhetoric, create some de- I was disappointed the Administration in- bility. As a result, they are compelled not to gree of partisanship. I would have liked sisted that an important revenue-raising provi- work. Given the sorry state of present law, to have given him far more credit on sion be dropped from the final agreement. that’s generally a reasonable and rational de- this bill. Much of what is in here are This provision was based on legislation I intro- cision. things that he wanted, but he would duced (H.R. 3082) which is cosponsored by a We must transform these federal programs into spring-boards to the workforce for people not sign the conference report. And, strong bipartisan majority of the Ways and with disabilities. This important bill does just frankly, that does take away from bi- Means Committee. partisanship. H.R. 3082 would protect employee stock that. As I have said many times, preventing peo- Mr. Speaker, I yield 2 minutes to the ownership plans (ESOPs) for S corporation ple from working runs counter to the American gentleman from Minnesota (Mr. workers by preventing the abuse of tax rules spirit, one that thrives on individual achieve- RAMSTAD), a member of the committee. that help them build retirement savings and ments and the larger contributions to society Mr. RAMSTAD. Mr. Speaker, I thank equity in their company. But unfortunately, the the chairman for yielding me this that result. Administration wanted to impose a draconian I implore my colleagues to vote for this im- time, and I also thank him for his scheme that would have effectively killed this portant legislation before us today! strong leadership on this legislation. savings opportunity for thousands of American Mr. RANGEL. Mr. Speaker, I yield Mr. Speaker, I rise in strong support workers. myself such time as I may consume, of this important bill. Helping people Thanks to the leadership of Chairman AR- and would just like to say to the chair- with disabilities live up to their full CHER and the bipartisan support for S corpora- man that I understand that my signa- potential has been a top priority of tion ESOPs in Congress, the Administration’s ture was expected at midnight last mine ever since being elected to Con- misguided proposal was soundly rejected in night, and I am sorry I could not be gress, in fact, 10 years before as a State negotiations over this extenders package. That with him, because then the gentleman senator as well. I also strongly support was a victory for American workers, and a vic- might have treated me more gently the tax extender provisions in this bill. tory for boosting America’s dangerously low this evening. I must say that I was disappointed, savings rate. Mr. Speaker, I yield 2 minutes to the however, that the administration in- Although H.R. 3082 was not enacted in this gentleman from Maryland (Mr. sisted that an important revenue-rais- session, I am pleased Congress resisted the CARDIN). ing provision be dropped from the final Administration’s plan to dismantle these Mr. CARDIN. Mr. Speaker, I thank agreement. This provision was based on ESOPs, which are a highly effective retirement the gentleman for yielding me this legislation I sponsored, H.R. 3082, savings program. Thank you, Mr. Speaker. time. which was cosponsored by a strong bi- Mr. Speaker, I can’t tell you how long I have Mr. Speaker, this is a very important partisan majority on the Committee on waited, along with many of my friends with bill. It contains some very important Ways and Means. This legislation disabilities in Minnesota, for this day. As many provisions. I want to applaud the Clin- would have protected employees’ stock of my colleagues know, I have been working ton administration for the initiative ownership plans, ESOPs for S-corpora- hard to help people with disabilities live up to and bringing forward the Ticket to tion workers by preventing the abuse their full potential since my election to this Work legislation. It removes impedi- of tax rules that help them build re- body in 1990, and as a Minnesota State Sen- ments from disabled individuals being tirement savings and equity in their ator ten years prior. In fact, in 1993, Rep. Pete able to return to work. It will save us company. But unfortunately, the ad- Stark and I introduced legislation to achieve money. If we get people off of disability ministration wanted to impose a draco- the same goal we seek today. to work, as they want to work, this nian scheme that would have effec- As I have reminded my colleagues before, it legislation is very important. tively killed ESOPs; would have killed was nine years ago that many of us enacted Secondly, the tax extenders are very this savings opportunity for thousands the ADA. It was nine long years ago that important. We all want to extend the of American workers. president Bush signed it into law and said, tax provisions that would otherwise ex- Thanks to the leadership of the gen- ‘‘Many of our fellow citizens with disabilities pire, whether it be for research and de- tleman from Texas (Mr. ARCHER) and are unemployed. They want to work and they velopment or some of the other provi- the bipartisan support for S-corpora- can work . . . this is a tremendous pool of sions that are in the bill. tion ESOPs in Congress on the Com- people who will bring to jobs diversity, loyalty, But, Mr. Speaker, I must express my mittee on Ways and Means and in the low turnover rate, and only one request: the concern about a provision that was full body, the administration’s mis- chance to prove themselves.’’ added that deals with the fair alloca- guided proposal was soundly rejected in Mr. Speaker, despite the remarkably low un- tion of organs that would block HHS’s negotiations over this extenders pack- employment rate in this country today, many regulation in this area. I believe that age, and for that I am grateful. This of those with disabilities are still asking for this that provision will jeopardize the was a victory for American workers change to prove themselves in the workplace. health of critically ill patients, and it and a victory for boosting America’s Despite all the good that the ADA has done is also inconsistent with our last vote dangerously low savings rate. to date, there is still room for improvement. on the budget omnibus bill.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30725 The HHS regulation went through a from both sides of the aisle to end this the ranking member, has taken so process. It listened to the public; it lis- perverse system of allowing Americans much time to work on this. It is impor- tened to the Institute of Medicine and with disabilities to enter the workforce tant that we support employer-sup- came forward with recommendations without endangering their health care ported tuition reimbursement plans. In that tries to take geographical politics coverage. this day and age, when the best edu- out of organ distribution and do it to Mr. Speaker, a 1998 Harris survey cated workforce means they will be people who are the most critically in found that 72 percent of Americans competitive, encouraging employers to need. with disabilities want to work, but the help employees to continue their edu- fact remains that only one-half of one cation is essential. 1815 b percent of dependent disabled Ameri- Again, I am happy to support this ex- I hope we can follow the compromise cans successfully move to work. Each tension, and I look forward to extend- that was in the last bill because that percentage point of Americans moving ing this to graduate education. I thank was a fair compromise that was to work represents 80,000 Americans the gentleman from New York (Mr. reached that requires HHS to go out who want to pay all or part of their RANGEL) whose understanding and sup- and listen and explain the regulations own way but cannot; 80,000 Americans port of high-tech issues in this bill to the public. It is inconsistent with who are forced by a poorly designed comes through loud and clear. He real- the provisions that are in this bill. system to sit on the sidelines while ly followed through on the commit- I hope that HHS will not have to fol- American businesses clamor for quali- ments he made when he came and vis- low the language because it is incon- fied workers. ited Silicon Valley and really under- sistent with the last bill because, oth- This bill, in the end, Mr. Speaker, is stood the issue of competitiveness and erwise, I think we are going to jeop- about empowering people, people like a technology and education. ardize the health of the critically-ill 39-year-old Navy veteran from my dis- So kudos to the gentleman from New individuals. trict who used to work on Wall Street York (Mr. RANGEL) for his wonderful Mr. ARCHER. Mr. Speaker, I yield 3 and hoped to become a stockbroker but work. I look forward to taking both of minutes to the gentleman from New an accident in 1983 left him a quad- these provisions just a little bit farther York (Mr. LAZIO). riplegic. And even though he requires in the next Congress. Mr. LAZIO. Mr. Speaker, let me assistance for even the most basic Mr. ARCHER. Mr. Speaker, I yield 2 begin by thanking the distinguished daily activities, he never gave up on minutes to the gentleman from Florida gentleman from Texas (Mr. ARCHER), his dream. And 10 years after his acci- (Mr. FOLEY), a member of the Com- the chairman of the Committee on dent, he passed the grueling stock- mittee on Ways and Means. Ways and Means, for his fine work and broker licensing exam. But, like most Mr. FOLEY. Mr. Speaker, I do want for his leadership in getting this to the disabled Americans, he cannot afford to just correct a statement made by floor. Let me thank the gentleman to lose his health care benefits. If it the prior speaker when she described from Virginia (Mr. BLILEY), the chair- were not for the current Federal rules, their efforts to extend permanently the man of my committee, for holding he would be a practicing, taxpaying R&D tax credit. We can tell our colleagues from nego- hearings immediately and being the stock broker today. tiations that Mr. Summers, the Treas- first to actually move the Work Incen- The Work Incentives Improvement ury Secretary, vehemently opposed tives Improvement Act. Act ends this injustice. It rips down bu- that permanent extension. So that, if This has been a remarkable achieve- reaucratic walls that stand between that is the position of the party, we ment. I think there are many who be- people with disabilities and a pay- would like the Secretary of the Treas- lieve that we would never get to this check. It is important to remember ury to be informed of that position so day. But, in fact, we are here. that a paycheck means a lot more than that it would be much easier for the I want to thank people on both sides just money. For a disabled American or chairman of the Committee on Ways of the aisle, the gentlewoman from any American, it means self-suffi- ciency. It means pride in a job well and Means to accomplish something he Connecticut (Mrs. JOHNSON), the gen- done. It means dignity. tried to do at the very outset of delib- tleman from Minnesota (Mr. RAMSTAD), Mr. Speaker, we have come a long, erations. the gentleman from California (Mr. long way since the time when Ameri- I want to also suggest to my col- MATSUI), and the gentleman from Cali- cans with disabilities were shunted off leagues how proud I am to stand up and fornia (Mr. WAXMAN) for working in a to the farthest corners of our commu- support this bill. Credits to Puerto bipartisan fashion on the Work Incen- nities. Many Americans have been Rico and U.S. possessions, minimum tives Improvement Act. waiting for us to give them a chance to tax relief for individuals, permitting Today, Mr. Speaker, we have the pursue the American dream. Today let full use of personal nonrefundable cred- privilege of taking the most significant us tell them that the wait is over. Let its, welfare-to-work tax credits, work stride forward for rights of disabled us get the Work Incentives Improve- opportunity tax credits, a number of people since the Americans with Dis- ment Act passed today. initiatives that I think will stimulate abilities Act. We are addressing the Mr. RANGEL. Mr. Speaker, I yield the economy, continue us on our road next great frontier when it comes to 11⁄2 minutes to the gentlewoman from to prosperity, continue to see addi- fully integrating disabled Americans California (Ms. LOFGREN). tional revenues to the Treasury so we into society, giving them the same eco- Ms. LOFGREN. Mr. Speaker, the dis- can continue to reduce the debt of the nomic opportunities that the rest of us ability provisions of this act are really American taxpayers to increase and en- enjoy. important and are going to make a dif- hance investment in America. Mr. Speaker, many Americans with ference in the lives of many. But I I commend the gentleman from disabilities rely on Federal health care want to talk about two other provi- Texas (Mr. ARCHER), the chairman of and social services, assistance that sions that will make our country more the Committee on Ways and Means, for makes it possible for them to lead prosperous, and that is the R&D tax seeing this bill to the successful con- independent and productive lives. But, credit and Section 127 of the Tax Code. clusion. Especially, I would like to unbelievably, we condition this assist- Our party’s position, the Democratic note the ticket-to-work and Work In- ance on their destitution. People with position, as stated by our leader is that centives Improvement Act of 1999. disabilities must get poor and stay the R&D tax credit should be perma- So oftentimes some of our vulnerable poor if they are going to retain their nent. This 5-year extension is really in citizens in society who have been health care benefits. They have got to the right direction. I am happy to sup- stricken by illnesses and ailments have choose between working and surviving. port it. But next year we are going to been unable to make the required That is why I introduced the Work go for permanent. choice of whether to stay employed and Incentives Improvement Act, and that On 127, I was so pleased that the gen- then forgo, if you will, the Social Secu- is why we have over 250 cosponsors tleman from New York (Mr. RANGEL), rity, the Medicare-Medicaid provisions.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30726 CONGRESSIONAL RECORD—HOUSE November 18, 1999 This bill now makes an attempt, to no longer have to choose between rolls if they try to work but their allow those capable and able individ- health care and their jobs. The bill also health deteriorates. uals to be in the workforce, continue includes a demonstration project to That is the right kind of safety net, those vital health insurance needs pro- provide health coverage to people who one that encourages work and protects vided by Medicaid and Medicare, and have serious conditions but are not those who need help along the way. allow them to be productive, taxpaying fully disabled, these people who have From providing more help, finding and citizens. multiple sclerosis or cerebral palsy. keeping a job, ensuring health care So I applaud the bill and I urge Mem- This would enable them to remain as coverage, to strengthening the safety bers to vote for passage of this bill as working members of society. net to those who cannot stay on the it comes to the floor. Thanks to hard work and dedication job, this legislation does the right Mr. RANGEL. Mr. Speaker, it is with on the part of the administration and thing. This is another historic step to great pleasure that I yield 3 minutes to the disability community, additional ensure that everyone can know the dig- the gentleman from Michigan (Mr. DIN- funding has been secured for a very im- nity that comes with work. GELL), the former chairman and now portant project here. I urge all Members to support this ranking member of the Committee on During the past few weeks, con- bill. Commerce, my friend and distin- troversy has swirled around proposed Mr. RANGEL. Mr. Speaker, I yield 2 guished colleague. offsets in the bill. Parties from both minutes to the gentleman from Ohio Mr. DINGELL. Mr. Speaker, I thank sides have agreed to remove some of (Mr. BROWN), the ranking member of my good friend, the gentleman from the most contentious payfors. How- the Subcommittee on Health and Envi- New York (Mr. RANGEL) for his kind- ever, I have heard objections from ronment of the Committee on Com- ness to me. many of my constituents about two merce. Mr. BROWN of Ohio. Mr. Speaker, I We take one step forward and one offsets that remain, a provision to thank the gentleman from New York back. The bipartisan agreement on change the way that students loans are organ allocations was reached during (Mr. RANGEL) for yielding me the time. financed and a tax on payments to at- Mr. Speaker, this Congress owes a negotiations between Labor, HHS and torneys who represent Social Security debt of gratitude to the gentleman on that appropriations bill. claimants. from New York (Mr. LAZIO) and to the The revised regulation would not be- Although I am going to vote for this gentleman from California (Mr. WAX- come final until 42 days after enact- bill, I have substantial concerns for MAN). Thanks largely to their efforts, ment, sufficient time to enable the these offsets. And, very truthfully, the we have an opportunity to do some- comments on the revisions and, if nec- things that are done here are wrong. thing right. I wish I could say that essary, to make further modifications. The Work Incentives Act has over- more often. Now we are witnessing an end run by come many obstacles in its legislative We owe a debt of gratitude especially opponents to this proposal with regard history. The bill is on the floor today to the gentleman from Michigan (Mr. to organ allocation policy. because it is based on good policy and DINGELL) and the gentleman from New The legislation before us contains a because it will make a difference of York (Mr. RANGEL) under whose leader- moratorium of 90 days on any alloca- lives of people with disabilities. For ship proponents of this legislation tion regulation. This delay has a huge that reason, I support it. managed to defend repeated attempts cost. The regulation calls for broader Mr. ARCHER. Mr. Speaker, I yield 2 to emasculate it. organ sharing. This is consistent with minutes to the gentleman from Florida Finally, we owe a debt of gratitude to the conclusion of the National Acad- (Mr. SHAW), the respected chairman of President Clinton. The President and emy of Sciences, which studied the al- the Subcommittee on Social Security his exceptional health team have dem- location system. of the Committee on Ways and Means. onstrated their commitment to the HHS has stated that approximately Mr. SHAW. Mr. Speaker, I thank the goals of this bill in a number of ways, 300 lives per year could be saved chairman for yielding me this time. lending their assistance again and through broader sharing. The math is Mr. Speaker, this legislation is about again as this arduous process moved simple. There is a difference between a work. Its goal is to help individuals forward. 42-day delay and a delay of almost 90 with disabilities work and support The idea behind the bill is simple. If days. themselves and support their families. individuals want to work, let us help Two more points to be made. First, Today only three in ten adults with them work. For many disabled individ- blocking HHS oversight amounts to disabilities work, compared with eight uals, the ability to work hinges on reli- privatization of Medicare and Medicaid in ten adults without disabilities. A big able health care. Yet, under current expenditures attributable to organ reason is Government programs take law, work means losing access to that transplants. If my colleagues want to away cash and medical benefits if dis- care. By providing continued access to privatize Medicare, let them do it in abled individuals find and keep jobs. Medicare and Medicaid, the Work In- the open and proper fashion. That must change. And it will change centives Improvement Act enables in- Second, blocking HHS oversight con- under this bill that is before us today. dividuals to leave the disability roles tinues the proliferation of State organ No one should be afraid of losing ben- and go back to work. allocation statutes, at least 12 by last efits if they do the right thing and try H.R. 1180 taps into the tremendous count. That is directly in conflict with to work. We should reward and help es- human potential that all of us have the current allocation criteria and pecially those who struggle to over- and takes us closer to a time where with good sense. come their disabilities. That is why we equal opportunity for disabled people is The same Members who decry polit- are offering the new tickets disability no longer an objective, it is a fact. ical or bureaucratic involvement in individuals can use to obtain whatever Nothing is perfect. This bill could organ allocation policy when they have services they need in order to work. have been much closer to that ideal if HHS in mind are stunningly silent But we do not stop there. We extend the Republican leadership had not co- when politicians and bureaucrats in- health care coverage for a total of 81⁄2 opted it with a self-serving moratorium volved in this are State officials. years so that no one has to fear losing on the organ allocation bill. And there A lack of leadership on the issue is their medical coverage if they go to is a user fee provision that may reduce creating immense fragmentation of work. the number of attorneys willing to rep- organ allocation policies, just the op- Some may still not risk going to resent disabled clients. It is not a par- posite direction of where IOM said the work for fear of having to wait months ticularly well thought out provision. allocation policies should go. or even years to get back on the bene- But overall, Mr. Speaker, the bill is a In like fashion, the Work Incentives fits if their health begins to once again victory for the disabled and a much Act of 1999 is a large step in the correct decline. So we ensure disabled individ- needed reminder that American values fashion. It will ensure that the disabled uals can quickly get back onto the are, in fact, intact.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30727 I ask for support of the bill. stituents who saw me in the Heights, years ($18.4 billion over 10 years) by extend- b 1830 an area of my district in Houston, and ing certain tax credits. spoke about her son. We were at a me- More specifically, this measure extends the Mr. ARCHER. Mr. Speaker, I yield 2 morial giving tribute to those who had Research and Development tax credit for five minutes to the gentlewoman from Con- served in the military who lived in the years (this credit would be expanded to in- necticut (Mrs. JOHNSON), the respected Heights area. After the program, she clude Puerto Rico and possessions of the chairman of the Subcommittee on came up and said, ‘‘What is the United States), the Welfare-to-Work and Work Human Resources of the Committee on progress, when will you pass the Work Opportunity tax credits for 30 months, and the Ways and Means. Incentives Improvement Act? My son Generalized System of Preferences through Mrs. JOHNSON of Connecticut. Mr. wants to be independent. My son wants September 30, 2001. Finally, the measure in- Speaker, I thank the gentleman for to get on his feet. My son who is dis- cludes approximately $2.6 billion in revenue yielding me this time. I want to com- abled simply wants to have his day in offsets over five years ($2.9 billion over 10 ment briefly on two parts of this bill. the sun.’’ years). First of all, it is really a joy to know And so this particular bill is of great This bill also delays the effective date of the that people in my district who suffer relief to her and her family. It is a organ procurement and transplantation net- from physical or mental disabilities ticket to work and self-sufficiency pro- work final rule. This rider provides people with and who want to work and are capable gram. And in fact over the years that I more time to comment on the rule and for the of work but cannot work because of have been in Congress, I have enjoyed Secretary to consider these comments. Our fear of losing their health coverage are meeting with some of the physically organ distribution system requires changes to going to be able to work. And as the and mentally disabled or challenged create a more national system, to diminish the Christmas holidays approach and they who have come to my office and have enormous waiting times, and to ensure that are offered longer hours, I know that asked simply to be allowed to work and those people who are suffering the most re- they are going to be able to realize then not to lose their health benefits. ceive help in time. The late, great Walter their dream of being a real part of the That is their greatest crisis. In order Payton’s sorrowful death is just another sad work team at their place of business. It for them not to be dependent, they reminder that far too many people in need of is really a wonderful thing that we need to have this kind of support sys- organs are trapped on waiting lists. have done in this bill, to enable Ameri- tem. I support this effort that would Finally, the bill requires the National Oce- cans simply to realize the opportunity expand beneficiaries’ access to public anic and Atmospheric Administration to con- of self-fulfillment that work offers. and private vocational rehabilitation tinue existing contracts for its multi-year pro- But I also want to mention one other providers and to employment service gram for climate database modernization and thing. How do we foster invention? providers acting as employment net- utilization. Lots of times, we ask ourselves, how do works under the program, and I sup- This measure clearly is important to the we assure that there will be a strong port particularly the aspect of this bill American people on many fronts. It is impera- economy for our children? In this bill that allows the disabled to go off and tive that we pass this important piece of legis- is one of the keys. For the first time work and then, for example, if there is lation. It is a sign that we are unified on both ever, we make the research and devel- a problem, they still have the ability sides of the aisle, and it proves to the Amer- opment tax credit in place and law for to come back within a 60-month period ican public that we have put their needs above 5 years. Our goal is permanence, but we and get the benefits that they need political posturing. have never had 5 years. This will en- without filing a new application. This Mr. ARCHER. Mr. Speaker, I yield 1 able companies to plan and enable is long overdue. minute to the gentleman from Cali- them to invest at a pace and at dimen- Mr. Speaker, I rise to support this important fornia (Mr. OSE). sions of dollars that we have never seen measure that both allows disabled persons to Mr. OSE. Mr. Speaker, I rise today in before. That drives new products. That retain their federal health benefits after they strong support of H.R. 1180, the Work drives state-of-the-art inventions. That return to work along and authorizes exten- Incentives Improvement Act. I want to drives economic leadership. And that sions for several tax provisions. express my sincere appreciation to the drives good jobs, high-paying jobs, and The conference report on H.R. 1180, Work gentleman from Texas (Mr. ARCHER) a successful America. Incentives Improvement Act is a true measure and to the gentleman from New York I want to personally congratulate the of bipartisan efforts and includes a com- (Mr. RANGEL). We have heard much gentleman from Texas for his dedica- promise version of the original House and talk this evening about tax credits for tion to the R&D tax credit that would Senate bills. This bill would establish the R&D and the like and those are very be longstanding enough to foster the ‘‘Ticket to Work and Self-sufficiency Program’’ important. But when I read this bill kind of growth and invention, support that would expand beneficiaries’ access to and I listen to the conversations, I hear for an entrepreneurial economy that public and private vocational rehabilitation pro- freedom. I hear freedom for 5 million this R&D tax credit will achieve. I viders and to employment service providers people who right now are confined or know that he would have preferred per- acting as employment networks under the Pro- constrained because the law does not manence as many of us would have. gram. allow them to maintain their health But this is a tremendous breakthrough. This bill will allow disabled individuals to re- benefits. It is a real tribute to the gentleman ceive an expedited reinstatement of benefits if Mr. Speaker, if I could say one thing from Texas and his dedication and to they lose their benefits due to work activity. that just sends me home here soon this Congress that we have extended Disabled individuals would have 60 months with a light heart, it is that at the end the R&D tax credit for 5 years. after their benefits were terminated during of the 20th century as we did at the end Mr. RANGEL. Mr. Speaker, I yield 2 which to request a reinstatement of benefits of the 18th century, for over 5 million minutes to the gentlewoman from without having to file a new application. It is Americans this bill lets freedom ring. Texas (Ms. JACKSON-LEE). imperative that we protect these disabled indi- It lets them compete and participate. I Ms. JACKSON-LEE of Texas. Mr. viduals, and this bill would provide provisional applaud my colleagues. Speaker, I thank the gentleman for benefits for up to six months while the Social Mr. ARCHER. Mr. Speaker, I yield 2 yielding me this time. I guess I would Security Administration determines these re- minutes to the gentleman from Okla- like to focus on the dignity that this quests for reinstatement. homa (Mr. WATKINS), another respected bill gives to many Americans who sim- In addition to allowing disabled persons to member of the Committee on Ways and ply want a chance. I thank the ranking retain their federal health benefits after they Means. member. I thank the chairman of this return to work, this bill also includes exten- Mr. WATKINS. Mr. Speaker, I rise in committee. I could quarrel with the sions of various tax provisions, many of which support of the Work Incentives Im- process in some of the extenders that are scheduled to expire at the end of this provement Act of 1999. First and fore- we will also be including, but I want to year. The conference agreement provides ap- most I say to my committee chairman respond with a focus on one of my con- proximately $15.8 billion in tax relief over five and ranking minority member that the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30728 CONGRESSIONAL RECORD—HOUSE November 18, 1999 provisions here on the extenders is one Fund by $340 billion. I do want to ex- rity, trade issues, and many other that is going to be of great assistance press my biggest disappointment for issues before our committee. and help to be able to continue moving this year and that is when the Presi- Mr. RANGEL. Mr. Speaker, I would like to the economy forward. The R&D for 5 dent vetoed our efforts to help 28 mil- clarify a provision relating to the rum cover years is a great need for business and lion married working couples when the over provision for Puerto Rico. The House- industries that do a lot of research. President vetoed our efforts to elimi- Senate conference agreement calls for an in- I would like to bring out a couple of nate the marriage tax penalty. crease in the rum cover over for Puerto Rico things that are not highlighted, but I This legislation is good legislation. It from the current level of $10.50 to $13.25. It have had a chance of working person- helps folks back home in Illinois. is my understanding that by an agreement be- ally with a number of individuals con- There are three provisions I would like tween the Administration and the Governor of cerning this. One, the conference agree- to highlight. Of course, the 5-year ex- Puerto Rico, the Honorable Pedro Rossello, ment would provide a 2-year open sea- tension of the research and develop- one-sixth of the $2.75 increase in the rum son beginning January 1 for clergy to ment tax credit. That is so important cover over to Puerto Rico will be dedicated to revoke their exemption from Social Se- in Illinois, a multiyear commitment to the Puerto Rico Conservation Trust, a private, curity coverage. This is something that providing this incentive for research nonprofit section 501(c)(3) organization oper- a lot of ministers, and I have been asso- into cancer, research into bio- ating in Puerto Rico. The Puerto Rico Con- ciated with a lot of them through the technology, to increase food produc- servation Trust was created for the protection fact that my former father-in-law was tivity, to increase the opportunity to of natural resources and environmental beauty a minister, he is deceased now, but it is grow our new economy, particularly in of Puerto Rico and was established pursuant something I know he was concerned high technology since Illinois ranks to a Memorandum of Understanding between about back years ago. fourth in technology. I also would note the Department of the Interior and Common- The other provision is even a little that Puerto Rico is included with this wealth of Puerto Rico dated December 24, closer. My wife and I have had our extension of the R&D tax credit, exten- 1968.’’ home available, licensed for foster chil- sion of the work opportunity tax cred- Mr. NEAL of Massachusetts. Mr. Speaker, I dren over the years; and I have worked it. am going to vote for this legislation even with a lot of foster children. In this bill We want welfare reform to work. If though it is not paid for because added to the we have had a simplification of the def- we want welfare reform to work, of Ticket To Work program are important ‘‘must inition of foster child under the earned course we want to ensure that there is pass’’ tax provisions vital to all our constitu- income credit program. It provides for a job for those on welfare. The work ents. the simplification. Under this par- opportunity tax credits help contribute The most important provision in this bill is ticular provision, a foster child would to a 50 percent reduction in the welfare the extension of the current waiver of the al- be defined as a child who is cared for by rolls in Illinois. We extend it for 21⁄2 ternative minimum tax rules affecting non- the taxpayer as if he or she were the years. refundable personal credits. Without enact- taxpayer’s own child; two, has the Third and last, I want to note the ment of this provision, next April approximately same principal place of abode as the brownfields tax incentive, a provision 1 million taxpayers will find they owe more taxpayer for the taxpayer’s entire tax- that many of us worked on to include money to the federal government than they able year; and, three, either is the tax- in the 1997 budget act. This is success- thought, for an average ‘‘stealth’’ tax increase payer’s brother, sister, stepbrother, fully working. Of course we extend it. I of about $900 each. Millions more will have to stepsister or descendant, including an would point out that the district I rep- though the alternative minimum tax calcula- adopted child, of any such relative. resent on the South Side of Chicago, tions, which can take 5 or 6 hours, just to find This is something that has been fo- that the former Republic Steel prop- out they don’t owe any more money. cused. I do not know if any of you have erty, the largest brownfield in Illinois, ever tried to work with a lot of the sit- the largest new industrial park in Illi- In 1997 Congress approved new credits for uation dealing with foster children, but nois benefited from this brownfields children, and for education. We promised our it is a very cumbersome problem. This tax incentive. This is good legislation, constituents that the federal government would will help eliminate that. and it deserves bipartisan support. help them with these responsibilities. How- Mr. ARCHER. Mr. Speaker, I yield 2 Mr. RANGEL. Mr. Speaker, I yield ever, we subjected these credits to the alter- minutes to the gentleman from Illinois myself the balance of my time. I would native minimum tax. The result is that more (Mr. WELLER), another respected mem- like to take this time to thank the and more middle income Americans will be ber of the Committee on Ways and gentleman from Texas for the cour- forced into the AMA by our actions—and we Means. tesies he has extended to me. While we will rightly get the blame. Mr. WELLER. Mr. Speaker, let me have had major policy differences, he So now we have to fix it. This bill does that begin my comments by just again has always been a gentleman, he has for 3 years. But what we really need to do is praising the leadership of our commit- been fair, he has been honest, and to fix this problem permanently, because no tee’s chairman for his efforts in put- above all he has been sincere. I want to middle income American should ever by sub- ting together this good package that thank Mr. Singleton and the entire ma- ject to the alternative minimum tax calculation we are voting on today, a package that jority staff as well as Janice Mays. We simply because they decided to send their deserves bipartisan support, as well as have probably one of the best staffs in kids to college. the good ranking member for his ef- the House and they have worked hard Mr. Speaker, other members may focus forts in making this a bipartisan effort and they have worked with us. their remarks regarding taxes on the research today. While it is my opinion that we did and development tax credit, or the Subpart F Mr. Speaker, this is a big victory for not accomplish too much in this first extension, or employer provided educational a lot of folks back home. The disabled year, I look forward to working with assistance. All important items. But not items are big winners with the ticket to work the gentleman side by side, hand in that drive this bill—what is of paramount im- provisions in this bill, legislation that hand to see what we can do to restore portance is the AMA fix, and I am pleased that helps the disabled enter the workforce confidence in the Social Security sys- we are finally taking steps to fix this for the im- and keep their health care benefits. I tem, the Medicare system, and see mediate future. really want to commend the gentleman what we can do about prescription Mr. STARK. Mr. Speaker, I rise with regret from Missouri (Mr. HULSHOF) for his drugs. to oppose what is being called the ‘‘Ticket to hard work and efforts on this. Mr. ARCHER. Mr. Speaker, I yield Work and Work Incentives Improvement Act It is also a victory for the taxpayers. myself the balance of my time. I thank Conference Report.’’ This title would never This Congress said no to the Presi- the gentleman for his comments. We pass the ‘‘Truth in Labeling’’ test if it were on dent’s $238 billion in tax increases. This have much work to do next year, where a box of food, but you can get still away with Congress said no to the President’s we can work hopefully together on a such falsehoods here in Congress—especially plan to raid the Social Security Trust strong bipartisan basis on Social Secu- in the waning hours of the session.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00093 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30729 The reason for my regret is that I have try. It also spends $13 billion to give corpora- the most comprehensive study of federal worked much of the year to encourage pas- tions money for research. Most companies science policies ever conducted by Congress. sage of the Work Incentives Improvement Act would conduct research on their own regard- And the full House passed a resolution adopt- here in the House. This legislation is vitally im- less of whether or not taxpayers foot the bill. ing its recommendations. One of the study’s portant for disabled individuals. Our current Do you really think that corporations like Sche- primary recommendations was the permanent system—which actively discourages disabled ring-Plough would have halted research for extension of the R&D tax credit. I am pleased people from returning to the workforce—simply their highly profitable drug Claritin if Congress that the House today is taking a concrete step makes no sense. Allowing disabled people to had denied a research tax credit? Companies toward enacting the study’s recommendations. maintain their health insurance through Medi- must conduct research in order to create prof- Mr. FRELINGHUYSEN. Mr. Speaker, I rise care when they return to work is something its. They don’t need tax incentives from Con- today in support of H.R. 1180, the conference that should have always been law, not some- gress to make a profit. report on the Ticket to Work and Work Incen- thing we are finally doing today. In addition, this bill throws money to the tives Improvement Act. I support that component of this bill which wind through the highly unsuccessful windmill This bill will provide a true ‘‘Ticket-to-Work’’ we are here considering today. I am unhappy tax credit. There are windmills up and down for disabled individuals by bringing them back that it has been weakened from the version the highways of California in hopes that they into the workforce while still providing them that originally passed the House. In that bill, might produce effective forms of electricity. with a safety net of government services that we would have given disabled individuals the Once again, we’re extending $3 billion in tax are needed to help make the transition. It is ability to keep their Medicare health insurance breaks to energy companies so that they can an important first step toward addressing the for 10 years, while the bill before us today continue pouring money into a lofty goal. Cou- disincentives which exist in current law that 1 discourage disabled individuals from working. only extends that coverage for 8 ⁄2 years. But, pled with this tax break is one that will provide there is no question that this would be a sig- tax incentives to energy companies who can According to a Washington Post article pub- nificant improvement from the status quo. produce energy from poultry droppings. Why lished earlier this year, 6.6 million working-age However, there is much more to this bill stop at energy? We should give them tax in- Americans receive disability checks from the than the title would suggest. Through late centives to produce gold from chicken drop- Federal Government every month. All too often, these individuals are unable to return to night negotiations, this bill changed. In addi- pings! tion to the provisions relating to the Work In- Because of these unrelated provisions that the workforce. Among the barriers they face centive Improvement Act, the bill includes two were snuck into an otherwise very worthy bill, upon returning to work is they risk the loss of completely unrelated provisions. The first of I am forced to vote against this bill today. important federal benefits such as Medicare these is a 90-day moratorium preventing the Mr. SENSENBRENNER. Mr. Speaker, I rise health care coverage. Under this legislation, individuals would be eligible for up to four and Secretary of Health and Human Services from in support of H.R. 1180, the Work Incentives a half additional years of Medicare benefits. implementing a regulation to improve our Improvement Act of 1999. As Chairman of the While I would have preferred to have individ- organ allocation program in the U.S. Also in- Committee on Science, I would like to high- uals eligible for Medicare for an additional six cluded is a package of tax extenders that is light a provision of the bill that is particularly years, I believe this is a positive step forward not fully paid for. important to our nation’s research base: the and that further steps should be taken in the The moratorium on the organ allocation reg- Research and Development Tax Credit (R&D future. ulation is especially egregious. The regulation tax credit). In addition, this bill provides a voucher that H.R. 1180 includes the longest ever exten- is a product of negotiations with the transplant individuals can exchange for rehabilitation, sion of the R&D tax credit. While I support a community, patients, and the general public employment or other necessary services with permanent extension of the R&D credit, this and ensures the sickest patients get organs their provider of choice. first—instead of basing life and death deci- five-year extension is a step in the right direc- The Ticket to Work bill will change the So- sions on geography. tion. As federal discretionary spending for cial Security Administration’s disability pro- Republicans included this same 90-day R&D is squeezed, incentives must be used to grams for the better. As Tony Young of the delay of the HHS organ allocation regulations maximize private sector innovation and main- United Cerebral Palsy Association said in his in legislation earlier this year. The President tain our global leadership in high-tech, high- testimony before the Ways and means Com- vetoed that bill and cited the organ allocation growth industries that help keep our economy mittee in March, these programs, ‘‘are trans- moratorium as ‘‘a highly objectionable provi- the strongest in the world. formed from a safety net into a trampoline; not sion.’’ After that veto, Congressional budget A long-term extension of the credit will aid only catching people with disabilities as they negotiators and the White House agreed to the research community by creating incentives fall out of work, but also giving them a boost permit the HHS organ allocation rule to go into for private industry to fund research projects. back into work as they are ready.’’ effect after a 42-day consultation period. Yet Congress has extended the R&D Tax Credit I urge my colleagues to support this legisla- only a few days later, they have decided to re- repeatedly over a period of 18 years. The tion, which is an important step toward helping nege on that agreement. credit again lapsed on June 30th of this year. individuals with disabilities be independent, Congress has already delayed the HHS This five-year extension will put an end to the and to become a vital part of the workforce. rules for over a year—permitting the Institute start-and-stop approach that has characterized Mr. BILIRAKIS. Mr. Speaker, I rise today in of Medicine (IoM) to study the current system. this extension process. support of H.R. 1180, the Work Incentives Im- The IoM report strongly validates the HHS A 1998 Coopers & Lybrand study found that provement Act of 1999. I am a cosponsor of regulations by calling for broader sharing of U.S. companies would spend $41 billion more this important legislation and was proud to ex- organs and for HHS to exercise its ‘‘legitimate (in 1998 dollars) on R&D as a result of ex- peditiously move this proposal through my oversight responsibilities.’’ Twelve patients die tending the credit. This in turn would lead to Subcommittee and support its passage every day while awaiting an organ transplant greater innovation from additional R&D invest- through the House Commerce Committee. under the current system. The fact of the mat- ment and would begin to improve productivity My Subcommittee held a hearing at which ter is this moratorium is a pork barrel project almost immediately, adding more than $13 bil- we heard from federal, state and local officials, for members of Congress who either represent lion a year to the economy’s productive capac- as well as individuals living with disabilities. All the federal contractor, or small transplant cen- ity by the year 2010. The Coopers & Lybrand of the witnesses emphasized the need for this ters with poorer outcomes who stand to lose report went on to note that the R&D tax credit legislation. They noted that the current system under the new regulations. The Secretary’s would ultimately pay for itself. ‘‘In the long unfairly forces people to choose between work regulation will save lives. This moratorium will run,’’ the report states, ‘‘$1.75 of additional tax and health care. cause people to die. Which side do you think revenue (on a present value basis) would be H.R. 1180 was introduced in March by our is right? generated for each dollar the government colleagues RICK LAZIO and HENRY WAXMAN, Just like every other bill the Republicans spends on the credit, creating a win-win situa- and this bill underscores the positive power of have tried to push through this Congress, the tion for both taxpayers and the government.’’ bipartisanship. tax extender provisions in the bill give big tax Last year, the Science Committee released The bill removes barriers for individuals who breaks to big business. It includes tens of mil- a National Science Policy Study entitled want to work. By encouraging work over wel- lions of rifle-shot give-aways to GE—certainly Unlocking Our Future: Toward A New National fare, it also promotes personal dignity and not one of the neediest taxpayers in this coun- Science Policy. The Unlocking Our Future is self-sufficiency.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00094 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.003 H18NO9 30730 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Two federal programs—Social Security Dis- who are eligible for Social Security disability to join as the original sponsor of the bill, ability Insurance (SSDI) and Supplemental Se- benefits are precluded from earning significant NANCY JOHNSON and BOB MATSUI from the curity Income (SSI)—provide cash benefits to income without losing their Medicare or Med- Ways and Means Committee, and JOHN DIN- people with disabilities. By qualifying for these icaid health insurance. This bill would permit GELL and CHARLIE RANGEL who served on the benefits, individuals are also eligible for health disabled persons to work while maintaining conference committee. coverage through Medicare and Medicaid. their health insurance coverage. For many dis- We can all be proud of its enactment. I am These programs provide comprehensive serv- abled persons, this health insurance is criti- especially pleased that the conference report ices that people with disabilities value and cally important since they can neither afford increased the funds available to support dem- need. nor purchase health insurance in the open onstrations by States to provide health serv- Ironically, individuals with disabilities risk market. This bill would provide SSDI bene- ices to persons with potentially severe disabil- losing these health protections if they enter ficiaries with Medicare coverage for eight and ities in order to keep their health from deterio- the work force. Under current law, earnings 1⁄2 years, instead of the current 4-year term. rating and to allow them to continue to work. above a minimal amount trigger the loss of This legislation also provides vocational reha- Surely, this is one of the most sensible and both cash benefits and health coverage under bilitative services to disabled persons, ensur- cost-effective things we can do. Medicare and Medicaid. ing their access to the training they need to But it is unfortunate that this exemplary H.R. 1180 would allow states to expand the become more self-sufficient. As an original co- piece of legislation has been used in the clos- Medicaid buy-in option to persons with disabil- sponsor of the underlying bill, I support all of ing days of this session to pursue other agen- ities through two optional programs. The bill these provisions. das. The conference report includes a rider also creates a trial program to extend Medi- This bill also includes a critically important added to H.R. 1180 through stealth and polit- care Part A benefits to SSDI recipients. Fur- provision related to organ transplantation pol- ical extortion which delays vital reforms of our ther, it provides infrastructure and demonstra- icy. This bill would impose a 90-day morato- national organ allocation system. tion grants to assist the states in developing rium on the proposed Department of Health The one-year moratorium on the Depart- their capacity to run these expanded pro- and Human Services (HHS) regulations re- ment of Health and Human Service’s Final grams. lated to organ transplantation policy that would Rule expired last month. Last week, the Ad- Finally, the bill creates a new payment sys- change the current allocation system from a ministration and the appropriators, including tem for vocational rehabilitation programs that regionally-based system to a national medical- Chairman YOUNG and Mr. OBEY, agreed to a serve individuals with disabilities. Similar provi- need system. This provision also includes a final compromise 42-day comment period on sions were passed by the House of represent- requirement that HHS must reopen this pro- the Final Rule’s implementation. atives last year. posal for public comment about this issue. I But the defenders of UNOS and the status As I have emphasized before, H.R. 1180 am very concerned about the impact of this quo weren’t satisfied. They twisted arms be- will help people help themselves. Approval of proposed regulation on organ transplants done hind closed doors. They blocked passage of this bill by the House of Representatives today at the Texas Medical Center. The Texas Med- the Health Research and Quality Act of 1999 is an important step in improving the quality of ical Center and the local organ procurement and the reauthorization of the Substance life for millions of Americans who live with dis- organization, LifeGift, have done an excellent Abuse and Mental Health Administration. They abilities. job of encouraging organ donations in our blocked enactment of critical medical edu- Mr. BENTSEN. Mr. Speaker, I rise today in area. The impact of this regulation would be to cation payments for children’s hospitals. And strong support of the conference report of override the current system which was devel- they subverted the authority of the committees H.R. 1180, the Work Incentives Improvement oped in consultation with our nation’s premier of jurisdiction. Act. This bill includes three separate bills, in- transplantation physicians and practitioners. If Now, the compromise is being abandoned cluding the conference report for H.R. 1180, this new regulation were implemented, many by the Republican leadership. The commit- the tax extenders legislation, and a provision of these organs could possibly be transferred ments made to the Administration and to related to organ transplantation regulations. I away from the local patients who need them. Members have been broken in bad faith. strongly support all three of these proposals I am pleased that Congress has acted to pro- And what’s the result? The 42 days be- and urge my colleagues to support this bill. vide itself with sufficient time to reauthorize comes 90 days. I am pleased that the conference report for the National Organ Transplant Act (NOTA). Mr. Speaker, enough is enough. H.R. 1180 does not include certain provisions The House has already approved this bill, giv- There is no excuse for this action. The Final related to school-based health services. An ing the Senate sufficient time to consider and Rule is the result of years of deliberation. It earlier version of this bill, as approved by the approve a NOTA measure. embodies the consensus that organs should House, included Section 407 to help offset the This is an important bill which we should ap- be shared more broadly to end unjust racial costs associated with this bill. Section 407 prove and I would urge my colleagues to vote and geographical disparities. would be detrimental to our local schools dis- for this bill. Every day of delay is another day of uncon- tricts who have worked to screen children for Mr. WAXMAN. Mr. Speaker, I rise in strong scionable 200 to 300 percent disparities in Medicaid eligibility. According to the U.S. Cen- support of the basic provisions of H.R. 1180, transplant and survival rates across the coun- sus Bureau there are 4.4 million children who the Work Incentive Improvement Act. The core try—disparities which the Final Rule address- are eligible for, but not enrolled in, Medicaid. program contained in this bill is designed to es. Under existing laws, public schools can re- provide support and health care assistance to Every day delays action on the Institute of ceive reimbursements through the Medicaid severely disabled people who want to work Medicine’s recommendation ‘‘that the Final Administrative Claiming (MAC) program to despite the obstacles their disabilities present, Rule be implemented’’ because broader shar- help screen for these Medicaid eligible chil- indeed who are determined to work and be- ing ‘‘will result in more opportunities to trans- dren. I learned about these provisions through come productive and contributing members of plant sicker patients without adversely affect- the efforts of a local school district, the La society. ing less sick patients.’’ Porte Independent School District (PISD). These are people who need to keep their And every day condones a status quo of PISD is the lead district for a consortium of health care coverage through Medicaid and gross racial injustice and unjust, parochial self- 200 small and rural Texas school districts par- Medicare to enable them to stay in the work interest. ticipating in the MAC program. After learning force. We owe them nothing less. Mr. Speaker, the status quo is slowly killing about this provision, I also organized a letter It is a testament to the compelling nature of patients who deserve to live, but are deprived to Speaker HASTERT in opposition to these off- their case that this bill has had such broad of that right by a system that stacks the odds set provisions. I am pleased that the con- and bipartisan support in both the House and against them. But in spite of this rider, in spite ference committee has removed all provisions the Senate. The President has also been of the delay and the back-room politics, re- related to school-based health programs that strongly committed to seeing it enacted, from forms will come. Therefore, I urge my col- would have been harmful. his call to the Congress to enact this program leagues to support the Final Rule and to op- I support passage of this measure because in his State of the Union message last Janu- pose the organ allocation rider. it ensures that disabled persons can keep ary to the final negotiations to bring this bill Mr. CRANE. Mr. Speaker, I rise in strong their health insurance when they return to here today. And I want to particularly note the support of the tax relief provisions which have work. Under current law, disabled persons contributions of RICK LAZIO, who I was pleased been attached to H.R. 1180.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00095 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30731 This tax relief package renews several tem- Importantly, this bill not only will well serve ing to take the harder and sicker patients porary tax relief provisions and addresses the disabled, and also will save millions of So- when other centers avoid the sicker patients in other time sensitive tax items. cial Security dollars in the coming years. The favor of patients who may be still able to work, For example, we give at least one million key to this bill is that it will provide people with go to school, or even play golf while patients American families relief from an increase in the opportunities and means they have asked elsewhere are near death without any oppor- their alternative minimum tax that would occur us for to become productive members of soci- tunity to receive that organ because they have when they take advantage of the child tax ety. This is a good and fiscally responsible bill. the misfortune of being on the wrong side of credit, the dependent care tax credit, or other I’d also like to express my support for the the Pennsylvania—Ohio line. tax credits. In addition, we renew and extend important package of tax extenders contained All HHS wants to do is: (1) require UNOS to the exclusion from income for employer-pro- in this legislation. These extenders—like the develop policies that would standardize its cri- vided educational assistance. R&D tax credit and others—are essential ele- teria for listing patients and for determining For businesses, we are extending the very ments in our effort to maintain our strong their medical status, and (2) ensure that med- valuable research and experimentation (R&E) economy. ical urgency, not geography, is the main deter- tax credit for five years while we extend the I urge my colleagues to support this respon- minant for allocating organs. creditor to Puerto Rico and the other U.S. ter- sible package. HHS should be allowed to proceed. The ritories for the first time. The R&E credit will Mr. KLINK. Mr. Speaker, I rise today in op- longer we delay the more lives are at risk. In allow U.S. companies to continue to lead the position to the inclusion of the provision that this day of modern air travel and communica- world in innovative, cutting-edge technology. stops the Department of Health and Human tions there is no good reason for an organ to In an effort to help get Americans off gov- Services from improving the system of organ stop at the border. There is no good reason ernment assistance and into the workplace, allocation in this country. The organ provision why if I passed away while attending the we are extending the Work Opportunity Tax was only thrown into this bill at the last Superbowl in New Orleans that my liver Credit and the Welfare-to-Work Tax Credit minute, and it has no place in this bill. should go to a golfer in Louisiana when I may through the end of 2001. The current system for organ sharing is not One item that I was particularly grateful to have a loved one who is in desperate need of fair and needs to be improved. Organ sharing a transplant at home. have included in this package is an increase is a matter of life and death. The problem is in the rum excise tax cover-over to Puerto People are dying because they happen to that every year people die unnecessarily be- Rico and the Virgin Islands from the current live in the wrong zip code and because states cause the current organ allocation system is $10.50 per proof gallon to $13.25 per proof do not want to share their organs. Nowhere broken. We can do better and I urge my col- gallon. I was, however, disappointed that the else in society would we allow a monopoly like leagues not to let parochial interests get in the provision did not include language to specifi- this to continue. We must put an end to this way of fixing the problem. cally state that a portion of Puerto Rico’s in- craziness. There is no room in this country for Whether or not you get the organ that will crease is designated for the Conservation politics to affect who lives and dies. The pa- save your life should not depend on where Trust Fund of Puerto Rico. tients who need the organs the most should Instead, I understand that an agreement has you live. Organs do not and should not belong get them. Period. been reached with the Governor of Puerto to any geographical or political entity. But, The SPEAKER pro tempore (Mr. Rico to provide one-sixth of the increase to under the current system, depending on where PEASE). Without objection, the pre- the Trust Fund during the time of the increase the organ was harvested, it could be given to vious question is ordered on the con- of the cover-over (July 1, 1999 through De- someone with years to live—while someone in ference report. cember 31, 2001). I appreciate the support of the next town across the wrong border may There was no objection. the Governor in this endeavor. The Conserva- die waiting for a transplant. The SPEAKER pro tempore. The tion Trust Fund, which enjoys tremendous The most difficult organ to transplant is the question is on the conference report. support from the people of Puerto Rico, plays liver. Pioneered at the University of Pittsburgh, The question was taken; and the an important role in the preservation of the upwards of 90% of all the liver transplant sur- Speaker pro tempore announced that natural resources of the island for the benefit geons today were either trained at Pittsburgh the ayes appeared to have it. of her future generations. or by doctors who were trained there. Yet fa- Mr. ARCHER. Mr. Speaker, I object Mr. Speaker, I applaud the efforts of our cilities like Pittsburgh, Mt. Sinai, Cedars-Sinai, to the vote on the ground that a Chairman, BILL ARCHER, in putting together Stanford and other highly regarded transplant quorum is not present and make the this tax relief package and I urge my col- centers which take on the most difficult and point of order that a quorum is not leagues to support it. riskiest transplant patients are struggling with present. Mr. PORTMAN. Mr. Speaker, I rise in sup- the longest waiting times in the country. The SPEAKER pro tempore. Evi- port of the tax extender and Ticket to Work While these centers are highly regarded, dently a quorum is not present. package. I commend the Chairman and my many of their patients do not come to them The Sergeant at Arms will notify ab- colleagues RICK LAZIO of New York and because of their reputations. The fact is that sent Members. KENNY HULSHOF of Missouri for their leader- many of their patients only seek them out after The vote was taken by electronic de- ship on this issue. having been turned down by their local trans- vice, and there were—yeas 418, nays 2, So many people with disabilities want to plant centers. There is strong evidence to sug- not voting 15, as follows: work, and technological as well as medical ad- gest that many smaller transplant centers [Roll No. 611] avoid the riskier transplants on the sicker pa- vances now make it possible for many of them YEAS—418 to do so. Unfortunately, the current Social Se- tients because they are more difficult and Abercrombie Bentsen Brown (FL) curity Disability program has an inherent num- would adversely impact their reputations Ackerman Bereuter Brown (OH) ber of obstacles and disincentives for people should they not be successful. Aderholt Berkley Bryant to leave the rolls and seek gainful employment This isn’t right. Whether you live or die Allen Berman Burr should not depend on where you live. Andrews Biggert Burton because they will lose cash and critical Medi- Archer Bilbray Buyer care benefits. This debate is not about pitting big trans- Armey Bilirakis Calvert This proposal before us today is designed to plant centers against small ones, or about pit- Baca Bishop Camp eliminate those obstacles and allow bene- ting one region against another. It is about Bachus Blagojevich Campbell Baird Bliley Canady ficiaries to select from a wider choice of reha- making sure that the gift of life Baldacci Blumenauer Cannon bilitation and support services. It also extends goes to the person who needs it the most Baldwin Blunt Capuano health benefits for disabled people returning to rather than someone who happens to have Ballenger Boehlert Cardin work, which has been one of the single big- the good fortune to live in the right state, Barcia Boehner Carson Barr Bonilla Castle gest challenges for helping people to make county or city. Its about helping at least 300 Barrett (NE) Bonior Chabot this transition. people each year to continue to live. Barrett (WI) Bono Chambliss Specifically, it expands state options under The fact is that the current system discrimi- Bartlett Borski Chenoweth-Hage the Medicaid program for workers with disabil- nates against people who live near the highly Barton Boswell Clay Bass Boucher Clayton ities, and it extends Medicare coverage for regarded centers with the longer waiting lists. Bateman Boyd Clement SSDI beneficiaries. It’s not their fault that their local center is will- Becerra Brady (PA) Clyburn

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30732 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Coble Hilliard Millender- Skelton Taylor (MS) Walsh resolution constitutes a question of the Coburn Hinchey McDonald Slaughter Taylor (NC) Wamp privileges of the House under rule IX. Collins Hinojosa Miller (FL) Smith (MI) Terry Waters Combest Hobson Miller, Gary Smith (NJ) Thomas Watkins The gentleman from Illinois (Mr. Condit Hoeffel Miller, George Smith (TX) Thompson (CA) Watt (NC) WELLER) is recognized for 30 minutes. Cook Hoekstra Minge Smith (WA) Thompson (MS) Watts (OK) Mr. WELLER. Mr. Speaker, I yield Cooksey Holden Mink Snyder Thornberry Waxman myself such time as I may consume. Costello Holt Moakley Souder Thune Weiner Cox Mollohan Spence Thurman Mr. Speaker, this resolution is nec- Hooley Weldon (FL) Coyne Moore Spratt Tiahrt Horn Weldon (PA) essary to return to the Senate the bill, Cramer Hostettler Moran (KS) Stabenow Tierney Weller S. 4, which contravenes the constitu- Crane Houghton Moran (VA) Stearns Toomey Weygand tional requirement that revenue meas- Crowley Hoyer Morella Stenholm Towns Whitfield Cubin Hulshof Murtha Strickland Traficant ures shall originate in the House of Wicker Cummings Hunter Myrick Stump Turner Representatives. Wise Cunningham Hutchinson Nadler Stupak Udall (CO) Section 202 of the bill authorizes Danner Hyde Napolitano Sununu Udall (NM) Wolf Davis (FL) Inslee Neal Sweeney Upton Woolsey members of the Armed Forces to par- Davis (IL) Isakson Ney Talent Velazquez Wu ticipate in the Federal Thrift Savings Davis (VA) Istook Northup Tancredo Vento Wynn Plan and permits them to contribute Deal Jackson (IL) Norwood Tanner Visclosky Young (AK) any part of a special or incentive pay DeFazio Jackson-Lee Nussle Tauscher Vitter Young (FL) DeGette (TX) Oberstar Tauzin Walden that they might receive. However, it Delahunt Obey Jefferson NAYS—2 also effectively provides that the limi- DeLauro Jenkins Olver tations of Internal Revenue Code sec- DeLay John Ortiz Berry Stark DeMint Ose tion 415 will not apply to those extra Johnson (CT) NOT VOTING—15 Deutsch Johnson, E. B. Owens contributions. Thus, the provision al- Diaz-Balart Johnson, Sam Oxley Baker Everett Radanovich lows certain members of the uniformed Dickey Jones (NC) Packard Brady (TX) Fletcher Serrano services to avoid the negative tax con- Dicks Jones (OH) Pallone Callahan Frank (MA) Shuster Dingell sequences that would otherwise result Kanjorski Pascrell Capps McIntosh Wexler Dixon Pastor Kaptur Conyers Nethercutt Wilson in their extra contributions to the Doggett Paul Kasich TSP. Accordingly, the provision is rev- Dooley Payne Kelly b 1903 Doolittle Pease enue affecting in a constitutional Kennedy Doyle Pelosi Mr. BERRY changed his vote from Kildee sense. Dreier Peterson (MN) Kilpatrick ‘‘yea’’ to ‘‘nay.’’ There are numerous precedents for Duncan Peterson (PA) Kind (WI) Dunn Petri So the conference report was agreed this action I am requesting. King (NY) Edwards Phelps to. I want to emphasize that this action Kingston Ehlers Pickering Kleczka The result of the vote was announced speaks solely to the constitutional pre- Ehrlich Pickett as above recorded. rogative of the House and not to the Emerson Klink Pitts Engel Knollenberg Pombo A motion to reconsider was laid on merits of the Senate bill. Proposed ac- English Kolbe Pomeroy the table. tion today is procedural in nature, and Eshoo Kucinich Porter it is necessary to preserve the preroga- Etheridge Kuykendall Portman f Evans LaFalce Price (NC) tives of the House to originate revenue Ewing LaHood Pryce (OH) PERSONAL EXPLANATION measures, makes clear to the Senate Farr Lampson Quinn that the appropriate procedure for Lantos Mrs. CAPPS. Mr. Speaker, due to a family Fattah Rahall dealing with revenue measures is for Filner Largent Ramstad illness I was unable to attend votes today. Foley Larson Rangel Had I been here I would have made the fol- the House to act first on a revenue bill Forbes Latham Regula lowing votes: and for the Senate to accept it or Ford LaTourette Reyes amend it as it sees fit. Fossella Lazio Reynolds Rollcall No. 598—‘‘no’’; 599—‘‘yes’’; 600— Fowler Leach Riley ‘‘yes’’; 601—‘‘yes’’; 602—‘‘yes’’; 603—‘‘no’’; This resolution is necessary to return to the Franks (NJ) Lee Rivers 604—‘‘no’’; 605—‘‘no’’; 606—‘‘no’’; 607— Senate the bill S. 4, the ‘‘Soldiers’, Sailors’, Levin Frelinghuysen Rodriguez ‘‘yes’’; 608—‘‘no’’; 609—‘‘yes’’; 610—‘‘yes’’; Airmen’s, and Marines’ Bill of Rights Act of Frost Lewis (CA) Roemer 1999.’’ S. 4 contravenes the constitutional re- Gallegly Lewis (GA) Rogan 611—‘‘yes’’. Lewis (KY) quirement that revenue measures shall origi- Ganske Rogers f Gejdenson Linder Rohrabacher nate in the House of Representatives. Gekas Lipinski Ros-Lehtinen PRIVILEGES OF THE HOUSE—RE- S. 4 would provide a variety of benefits to Gephardt LoBiondo Rothman Gibbons Lofgren Roukema TURNING TO THE SENATE S. 4, members of the Armed Forces. I strongly sup- Gilchrest Lowey Roybal-Allard SOLDIERS’, SAILORS’, AIRMEN’S, port our Armed Forces and agree that we Gillmor Lucas (KY) Royce AND MARINES’ BILL OF RIGHTS need to modernize our military and com- Gilman Lucas (OK) Rush pensate our officers and enlisted personnel Gonzalez Luther Ryan (WI) ACT OF 1999 fairly. However, S. 4, as passed by the Sen- Goode Maloney (CT) Ryun (KS) Mr. WELLER. Mr. Speaker, I rise to Goodlatte Maloney (NY) Sabo ate, would not only increase the compensation a question of the privileges of the Goodling Manzullo Salmon of members of the Armed Forces. It would House, and I offer a privileged resolu- Gordon Markey Sanchez also modify the tax treatment of some of their Goss Martinez Sanders tion (H. Res. 393) and ask for its imme- compensation. This change in tax treatment Graham Mascara Sandlin diate consideration. Granger Matsui Sanford causes S. 4 to violate the Origination Clause The Clerk read the resolution, as fol- Green (TX) McCarthy (MO) Sawyer of the United States Constitution. Green (WI) McCarthy (NY) Saxton lows: Greenwood McCollum Scarborough Section 202 of the bill generally authorizes H. RES. 393 Gutierrez McCrery Schaffer members of the Armed Forces to participate in Gutknecht McDermott Schakowsky Resolved, That the bill of the Senate (S. 4) the Federal Thrift Savings Plan. In particular, Hall (OH) McGovern Scott entitled the ‘‘Soldiers’, Sailors’, Airmen’s, section 202 of the bill adds a new section Hall (TX) McHugh Sensenbrenner and Marines’ Bill of Rights Act of 1999’’, in Hansen McInnis Sessions the opinion of this House, contravenes the 8440e to Title 5 of the United States Code. Hastert McIntyre Shadegg first clause of the seventh section of the first New section 8440e generally permits mem- Hastings (FL) McKeon Shaw bers of the uniformed services or Ready Re- Hastings (WA) McKinney Shays article of the Constitution of the United Hayes McNulty Sherman States and is an infringement of the privi- serve who are authorized to participate in the Hayworth Meehan Sherwood leges of this House and that such bill be re- Thrift Savings Plan to contribute up to 5 per- Hefley Meek (FL) Shimkus spectfully returned to the Senate with a cent of their basic pay to the Thrift Savings Herger Meeks (NY) Shows message communicating this resolution. Plan. In addition, subsection (d) of new sec- Hill (IN) Menendez Simpson Hill (MT) Metcalf Sisisky The SPEAKER pro tempore (Mr. tion 8440e permits members of the uniformed Hilleary Mica Skeen PEASE). In the opinion of the Chair, the services to contribute to the Thrift Savings

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00097 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30733 Plan any part of their special or incentive pay to state that it originates in the House; 10 minutes, which is what it has been they receive under section 308, 308a through is that correct? since we passed the last one. How many 308h, or 318 of title 37. The subsection further Mr. WELLER. Yes. This resolution more are we going to have to pass be- provides in effect that the limitations of Internal does not address the merits of the leg- fore we get our act together tonight? Revenue Code section 415 will not apply to islation, which many Members on both Mr. YOUNG of Florida. Mr. Speaker, such contribution. Code section 415 generally sides of the aisle support. What it does if the gentleman will yield further, my provides limitations on benefits and contribu- is preserve the prerogatives of the response to his question is rather sim- tions under qualified employee benefit plans. House revenue-affecting measures orig- ple. I have been advised that if we do Thus, the effect of subsection (d) of new inating in the House under the Con- not provide an extra vehicle for the section 8440e is to override the limits on the stitution. Senate, it may be necessary for the Thrift Savings Plan contribution imposed by In- Mr. SKELTON. Mr. Speaker, I thank House to either stay in session or re- ternal Revenue Code section 415. By over- the gentleman. convene tomorrow or the next day in riding Code section 415, the provision allows Mr. WELLER. Mr. Speaker, I have no order to complete legislative business. certain members of the uniformed services to other speakers, and I yield back the I am also advised that if they have a avoid the negative tax consequences that balance of my time. clean vehicle, it is very likely that we would result from such contributions. Accord- The SPEAKER pro tempore. The would not have to be back here sitting ingly, the provision is revenue-affecting in a question is on the resolution. as the House. The resolution was agreed to. constitutional senses. Mr. OBEY. Mr. Speaker, continuing Plainly, allowing members of the Armed A motion to reconsider was laid on under my reservation, I would say I Forces to participate in the Thrift Savings Plan the table. thought that is what we were told a causes a reduction in revenues as a budget f few minutes ago, that we needed to scorekeeping matter, since contributions to the MAKING FURTHER CONTINUING Thrift Savings Plan reduce the taxable in- pass the last one so we would not be in APPROPRIATIONS FOR FISCAL session. comes of participants by operation of the ex- YEAR 2000 isting tax laws, and therefore their tax liabil- I hope that sooner or later, we get ities. However, the reduction in Federal reve- Mr. YOUNG of Florida. Mr. Speaker, things right. nues is viewed as an indirect effect of the pro- I ask unanimous consent to consider Mr. YOUNG of Florida. Mr. Speaker, vision since the provision does not attempt to and pass House Joint Resolution 84, if the gentleman will yield further, I specify or modify the tax rules that would oth- making further continuing appropria- would like to say to my friend and my erwise apply to the provision, and therefore tions for fiscal year 2000. colleague with whom we have worked does not offend the constitutional requirement. The Clerk read the title of the joint so well together throughout this year Rather, new subsection (d) offends the Origi- resolution. that in my opinion, we have done nation Clause because it directly amends the The SPEAKER pro tempore. Is there things right here; and I cannot answer internal revenue laws. Subsection (d) over- objection to the request of the gen- for any other venue. rides the limitations imposed by Code section tleman from Florida? Mr. OBEY. Mr. Speaker, continuing Mr. OBEY. Mr. Speaker, reserving 415, thereby directly modifying the tax liability under my reservation, I do not quarrel the right to object, I think the House of individuals who would otherwise be subject with that statement with respect to needs to understand exactly what it is to its limits. Such a provision is plainly rev- the committee, but I do think that this we are doing, and I yield to the gen- enue-affecting and therefore constitutes a rev- process, I have to say, has been the tleman for the purpose of explaining enue measure in the constitutional sense. Ac- most chaotic that I have seen in the 31 what is happening again. cordingly, I am asking that the House insist on years that I have been privileged to be Mr. YOUNG of Florida. Mr. Speaker, its constitutional prerogatives. a Member of this body. I do not think There are numerous precedents for the ac- I thank my friend for yielding. Earlier this afternoon, we passed a what is happening is the fault of the tion I am requesting. For example, on July 21, gentleman from Florida, it certainly is 1994, the House returned to the Senate S. continuing resolution taking us to De- cember 2, 1999. Our colleagues in the not mine, but I would hope that when 1030, containing a provision exempting certain we return in the first of the year in the veteran payments from taxation. On October Senate have asked that we extend that by one day, mainly because they need a next millennium, we will have a dif- 7, 1994, the House returned to the Senate S. ferent set of arrangements that will en- 1216, containing provisions exempting certain clean vehicle over there, and that is ex- actly what this is, it extends con- able us to do things in a quite different settlement income from taxation. On Sep- fashion. tember 27, 1996, the House returned to the tinuing spending authority from De- cember 2 to December 3, and it gives Mr. Speaker, I withdraw my reserva- Senate S. 1311, containing a provision that tion of objection. overrode the Federal income tax rules gov- our colleagues in the Senate a clean ve- The SPEAKER pro tempore. Is there erning recognition of tax-exempt status. hicle that they need to conduct their I want to emphasize that this action speaks business. objection to the request of the gen- solely to the constitutional prerogative of the Mr. OBEY. Mr. Speaker, continuing tleman from Florida? House and not to the merits of the Senate bill. under my reservation, I would simply There was no objection. The proposed action today is procedural in na- note two things and then ask a ques- The Clerk read the joint resolution, ture and is necessary to preserve the preroga- tion. as follows: When we were debating how dairy tives of the House to originate revenue meas- H.J. RES. 84 would be handled, we were told that it ures. It makes clear to the Senate that the ap- Resolved by the Senate and House of Rep- propriate procedure for dealing with revenue had to be on the budget because we did not have any other vehicles. Now, in resentatives of the United States of America in measures is for the House to act first on a Congress assembled, That Public Law 106–62 is revenue bill and for the Senate to accept it or the space of about 15 minutes, the further amended by striking ‘‘November 18, amend it as it sees fit. House has created two additional vehi- 1999’’ in section 106(c) and inserting in lieu Mr. SKELTON. Mr. Speaker, will the cles. I am beginning to think that we thereof ‘‘December 3, 1999’’, and by striking gentleman yield? are making the keystone cops look like ‘‘$346,483,754’’ in section 119 and inserting in Mr. WELLER. I yield to the gen- Barishnikov. lieu thereof ‘‘$755,719,054’’. Public Law 106–46 tleman from Missouri. Mr. Speaker, I do not understand is amended by striking ‘‘November 18, 1999’’ Mr. SKELTON. Mr. Speaker, the bill what the magic difference is between and inserting in lieu thereof ‘‘December 3, 1999’’. of which the gentleman speaks, has December 2 and December 3. Perhaps that been previously passed here in the we could reach a compromise on De- The joint resolution was ordered to House? cember 21⁄2. I do not know what is going be engrossed and read a third time, was Mr. WELLER. Yes, Mr. Speaker. on. read the third time, and passed, and a Mr. SKELTON. And the purpose of I mean, I have heard of continuing motion to reconsider was laid on the this is to comply with the Constitution resolutions for a year, an hour, but not table.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30734 CONGRESSIONAL RECORD—HOUSE November 18, 1999 PRIVILEGES OF THE HOUSE—RE- the bill shall fail to be treated as a tax-qualified propriate procedure for dealing with revenue TURNING TO THE SENATE S. 1232, retirement plan by reason of the correction. measures is for the House to act first on a FEDERAL ERRONEOUS RETIRE- The bill also provides that no amounts shall be revenue bill and for the Senate to accept it or MENT COVERAGE CORRECTIONS includible in the income of any individual for amend it as it sees fit. ACT Federal tax purposes because of fund trans- Mr. Speaker, I yield back the balance Mr. WELLER. Mr. Speaker, I rise to fers or government contributions made pursu- of my time. a question of privileges of the House, ant to the bill. Therefore, the bill violates the The SPEAKER pro tempore (Mr. and I offer a privileged resolution (H. origination requirement. PEASE). Without objection, the pre- Res. 394) and ask for its immediate con- Section 401 of the bill provides generally vious question is ordered on the resolu- sideration. that no government retirement plan shall fail to tion. The Clerk read the resolution, as fol- be treated as a tax-qualified plan under the In- There was no objection. lows: ternal Revenue Code for any failure to follow The SPEAKER pro tempore. The plan terms, or any actions taken under the bill question is on the resolution. H. RES. 394 to correct errors in misclassification of Federal The resolution was agreed to. Resolved, That the bill of the Senate (S. employees into the wrong Federal retirement A motion to reconsider was laid on 1232) entitled the ‘‘Federal Erroneous Retire- ment Coverage Corrections Act’’, in the system. In general, Federal retirement plans the table. opinion of this House, contravenes the first are subject to the same rules that apply to tax- f clause of the seventh section of the first arti- qualified retirement plans maintained by pri- cle of the Constitution of the United States vate sector employers. For example, tax-quali- LEGISLATIVE PROGRAM and is an infringement of the privileges of fied retirement plans are afforded special tax (Mr. ARMEY asked and was given this House and that such bill be respectfully treatment under the Code. These advantages permission to address the House for 1 returned to the Senate with a message com- include the fact that plan participants pay no minute and to revise and extend his re- municating this resolution. current income tax on amounts contributed on marks.) The SPEAKER pro tempore. In the their behalf, and the fact that earnings of the Mr. ARMEY. Mr. Speaker, let me opinion of the Chair, the resolution plan are tax-exempt. begin by just saying to the Members it constitutes a question of the privileges Because of Section 401 of the bill, Federal is my privilege to say we have had the of the House under rule IX. retirement plans and participants in those last vote of the day, the last vote of The gentleman from Illinois (Mr. plans would retain these advantages even if the week, the last vote of the year, the WELLER) is recognized for 30 minutes. actions are taken pursuant to the bill that last vote of the century. Mr. WELLER. Mr. Speaker, I yield would otherwise jeopardize this favorable tax f myself such time as I may consume. treatment. Mr. Speaker, this resolution is nec- The Federal retirement plans are also sub- PROVIDING FOR ADJOURNMENT essary to return to the Senate the bill ject to the rules applicable to tax-qualified SINE DIE AFTER COMPLETION S. 1232 which contravenes the constitu- plans that limit the amount of contributions OF BUSINESS OF FIRST SESSION tional requirement that revenue meas- and benefits that may be provided to a partici- OF 106TH CONGRESS AND SET- ures shall originate in the House of pant under a tax-qualified plan. For example, TING FORTH SCHEDULE FOR Representatives. Section 401 of the bill section 415 of the Code limits that amount of CERTAIN DATES DURING JANU- provides that no Federal retirement annual contributions that may be made to a ARY 2000 OF SECOND SESSION plan involved in the corrections under defined contribution plan, and the amount of Mr. ARMEY. Mr. Speaker, I offer a the bill shall fail to be treated as a tax- annual benefits that are payable from a de- privileged concurrent resolution qualified retirement plan by reason of fined benefit plan. If amounts are contributed (H.Con Res. 235), and ask for its imme- the correction. or benefits are paid that exceed these limits, diate consideration. plan participants could be subject to unfavor- b 1915 The SPEAKER pro tempore. The able tax consequences. Section 401 of the bill Clerk will report the concurrent reso- The bill also provides that no amount would permit the Federal government to lution. shall be includable in the income of make-up contributions on behalf of an em- The Clerk read as follows: any individual for Federal tax purposes ployee without violating applicable limits on That when the House adjourns on any leg- because of fund transfers or govern- contributions and benefits for the year in which islative day from Thursday, November 18, ment contributions made pursuant to the make-up contribution was made. 1999, through Monday, November 22, 1999, on the bill. Section 401 also provides that no amounts a motion offered pursuant to this concurrent Accordingly, section 401 is revenue shall be includible in the taxable income of resolution by its Majority Leader or his des- affecting in a constitutional sense and participants in Federal retirement plans be- ignee, it shall stand adjourned until noon on the bill therefore violates the origina- cause of fund transfers or government con- Thursday, December 2, 1999 (unless it sooner has received a message from the Senate tion requirement. tributions made pursuant to the bill. Without There are numerous precedents for transmitting its concurrence in the con- this provision, amounts transferred from fund ference report to accompany H.R. 3194, in the action I am requesting. I want to to fund or otherwise contributed by the gov- which case the House shall stand adjourned emphasize this action speaks solely to ernment could be subject to income tax under sine die), or until noon on the second day the constitutional prerogative of the the Internal Revenue Code. after Members are notified to reassemble House and not to the merits of the Sen- Accordingly, Section 401 is revenue-affect- pursuant to section 3 of this concurrent reso- ate bill. ing in a constitutional sense. lution; and that when the Senate adjourns on The proposed action today is proce- There are numerous precedents for the ac- any day from Thursday, November 18, 1999, dural in nature and is necessary to pre- tion I am requesting. For example, on July 21, through Thursday, December 2, 1999, on a serve the prerogatives of the House to motion offered pursuant to this concurrent 1994, the House returned to the Senate S. resolution by its Majority Leader or his des- originate revenue measures. It makes 1030, containing a provision exempting certain ignee, it shall stand adjourned sine die, or clear to the Senate that the appro- veteran payments from taxation. On October until noon on the second day after Members priate procedure for dealing with rev- 7, 1994, the House returned to the Senate S. are notified to reassemble pursuant to sec- enue measures is for the House to act 1216, containing provisions exempting certain tion 3 of this concurrent resolution. first on a revenue bill, for the Senate settlement income from taxation. SEC. 2. When the House convenes for the to accept it or amend it as it sees fit. I want to emphasize that this action speaks second session of the One Hundred Sixth This resolution is necessary to return to the solely to the constitutional prerogative of the Congress, it shall conduct no organizational or legislative business on that day and, when Senate the bill S. 1232, which contravenes the House and not to the merits of the Senate bill. the House adjourns on that day, it shall constitutional requirement that revenue meas- The proposed action today is procedural in na- stand adjourned until noon on January 27, ures shall originate in the House of Represent- ture and is necessary to preserve the preroga- 2000, or until noon on the second day after atives. The bill provides that no Federal retire- tives of the House to originate revenue meas- Members are notified to reassemble pursuant ment plan involved in the corrections under ures. It makes clear to the Senate that the ap- to section 3 of this concurrent resolution.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30735 SEC. 3. The Speaker of the House and the APPOINTMENT OF COMMITTEE OF session of the 106th Congress, and not- Majority Leader of the Senate, acting jointly TWO MEMBERS TO INFORM THE withstanding any adjournment of the after consultation with the Minority Leader PRESIDENT THAT THE TWO House, the Speaker, the majority lead- of the House and the Minority Leader of the HOUSES HAVE COMPLETED er, and the minority leader be author- Senate, shall notify the Members of the House and Senate, respectively, to reassem- THEIR BUSINESS OF THE SES- ized to accept resignations and to ble whenever, in their opinion, the public in- SION make appointments authorized by law terest shall warrant it. Mr. ARMEY. Mr. Speaker, I offer a or by the House. SEC. 4. The Congress declares that clause privileged resolution (H. Res. 395), and The SPEAKER pro tempore. Is there 2(h) of rule II of the Rules of the House of ask for its immediate consideration. objection to the request of the gen- Representatives and the order of the Senate The Clerk read the resolution, as fol- tleman from Alaska? of January 6, 1999, authorize for the duration There was no objection. of the One Hundred Sixth Congress the Clerk lows: of the House of Representatives and the Sec- H. RES. 395 f retary of the Senate, respectively, to receive Resolved, That a committee of two Mem- CHIPPEWA CREE TRIBE OF THE messages from the President during periods bers be appointed by the House to join a ROCKY BOY’S RESERVATION IN- when the House and Senate are not in ses- similar committee appointed by the Senate, DIAN RESERVED WATER RIGHTS sion, and thereby preserve until adjournment to wait upon the President of the United sine die of the final regular session of the SETTLEMENT AND WATER SUP- States and inform him that the two Houses PLY ENHANCEMENT ACT OF 1999 One Hundred Sixth Congress the constitu- have completed their business of the session tional prerogative of the House and Senate and are ready to adjourn, unless the Presi- Mr. YOUNG of Alaska. Mr. Speaker, I to reconsider vetoed measures in light of the dent has some other communication to make ask unanimous consent to take from objections of the President, since the avail- to them. the Speaker’s table the Senate bill (S. ability of the Clerk and the Secretary during any earlier adjournment of either House dur- The resolution was agreed to. 438) to provide for the settlement of the ing the current Congress does not prevent A motion to reconsider was laid on water rights claims of the Chippewa the return by the President of any bill pre- the table. Cree Tribe of the Rocky Boy’s Reserva- sented to him for approval. The SPEAKER pro tempore. Pursu- tion, and for other purposes, and ask SEC. 5. The Clerk of the House of Rep- ant to House Resolution 395, the Chair for its immediate consideration in the resentatives shall inform the President of appoints the following Members of the House. the United States of the adoption of this House to the committee to notify the The Clerk read the title of the Senate concurrent resolution. President, the gentleman from Texas bill. The concurrent resolution was agreed (Mr. ARMEY), and the gentleman from The SPEAKER pro tempore. Is there to. Missouri (Mr. GEPHARDT). objection to the request of the gen- A motion to reconsider was laid on f tleman from Alaska? the table. Mr. GEORGE MILLER of California. f PERSONAL EXPLANATION Mr. Speaker, reserving the right to ob- APPOINTING DAY FOR THE CON- Mr. LAMPSON. Mr. Speaker, on No- ject, if the gentleman would take a mo- VENING OF THE SECOND SES- vember 17, 1999, on rollcall votes 596 ment to explain the bill. SION OF THE 106TH CONGRESS and 597, I am recorded as not voting. I Mr. YOUNG of Alaska. Mr. Speaker, am happy to announce that I was will the gentleman yield? Mr. ARMEY. Mr. Speaker, I offer a present at the birth of my first grand- Mr. GEORGE MILLER of California. joint resolution (H.J. Res. 85), and ask child, Nicholas William Shanning. Had I yield to the gentleman from Alaska. unanimous consent for its immediate I been present for votes, I would have Mr. YOUNG of Alaska. Mr. Speaker, consideration. voted ‘‘aye’’ on rollcall 596 and ‘‘no’’ on last month the House passed H.R. 795, The SPEAKER pro tempore. The rollcall vote 597. the Rocky Boy’s Water Rights Settle- Clerk will report the joint resolution. f ment Act. Today we have before us S. The Clerk read as follows: 438, a companion bill to H.R. 795. The H.J. RES. 85 GRANTING MEMBERS OF THE only difference between these bills is a Resolved by the Senate and House of Rep- HOUSE PRIVILEGE TO EXTEND small change regarding the treatment resentatives of the United States of America in AND REVISE REMARKS IN CON- of tribal water rights off reservation. Congress assembled, GRESSIONAL RECORD UNTIL This change has been agreed upon by SECTION 1. DAY FOR CONVENING OF SECOND LAST EDITION IS PUBLISHED SESSION OF ONE HUNDRED SIXTH all parties involved in the legislation. CONGRESS. Mr. YOUNG of Alaska. Mr. Speaker, I The Rocky Boy’s Water Rights Settle- The second regular session of the One Hun- ask unanimous consent that Members ment Act process has been important dred Sixth Congress shall begin on Monday, may have until publication of the last for a number of reasons. I congratulate January 24, 2000. edition of the CONGRESSIONAL RECORD the gentleman from Montana (Mr. SEC. 2. ADDITIONAL SESSION PRIOR TO CON- authorized for the first session by the Hill). In the State of Montana, the VENING. Joint Committee on Printing to revise tribe has spent a good deal of time If the Speaker of the House of Representa- working on the issues in a constructive tives and the Majority Leader of the Senate, and extend their remarks and to in- acting jointly after consultation with the clude brief, related extraneous mate- fashion, taking steps to minimize the Minority Leader of the House of Representa- rial on any matter occurring before the impact on other affected water users. tives and the Minority Leader of the Senate, adjournment of the first session sine Furthermore, there has been minimal determine that it is in the public interest for die. emphasis on some of the outmoded the Members of the House of Representatives The SPEAKER pro tempore. Is there basis that calculate in Federal reserve and the Senate to reassemble prior to the objection to the request of the gen- Indian water right claims. This process convening of the second regular session of tleman from Alaska? has allowed the parties to look to the One Hundred Sixth Congress as provided newer, more flexible negotiations that in section 1— There was no objection. (1) the Speaker and Majority Leader shall f find the solutions which provide tribes so notify their respective Members; and with real opportunities without mak- (2) Congress shall reassemble at noon on AUTHORIZING SPEAKER TO AC- ing demands that may destroy the eco- the second day after the Members are so no- CEPT RESIGNATIONS, APPOINT nomic livelihood of existing water tified. COMMISSIONS, BOARDS AND users. The joint resolution was ordered to COMMITTEES NOTWITHSTANDING In addition, this process has brought be engrossed and read a third time, was SINE DIE ADJOURNMENT new solutions, introduced private sec- read the third time, and passed, and a Mr. YOUNG of Alaska. Mr. Speaker, I tor expertise into the tribe’s efforts to motion to reconsider was laid on the ask unanimous consent that until the utilize the water supplies once the set- table. day the House convenes for the second tlement is authorized.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30736 CONGRESSIONAL RECORD—HOUSE November 18, 1999 By approaching these water rights This is truly a historic day. This bill is the Hayes—for the role he and his colleagues settlements in more creative ways, culmination of many years of technical and played in reaching this accord. Congress and the Federal Government legal work and many years of negotiations in- One of the things I have learned over the can narrow the divergent expectations volving the Chippewa Cree Tribe, the State of years is that we must defer to the wishes of of the parties as they enter negotia- Montana, and representatives of the United the states and tribes that bring these settle- tions and attempt to correct problems States Departments of the Interior and Justice. ments to us. We all will have a tendency to that have existed for decades. It is im- The bill will ratify a settlement quantifying want to micro-manage legislation of this nature portant for Congress to modernize the the water rights of the Tribe and providing for and contend that it is precedential one way or process and basis for settling these their development in a manner that will help another way, but history has proved that that claims. It is taking far too long to ar- the Chippewa Cree Nation while helping their is really not the case. A settlement in Montana rive at a settlement. Often tribes re- neighbors, local communities, farmers and may have little to do with the status of nego- ceive water and money under cir- ranchers. tiations in New Mexico. While instream flows cumstances that do not ultimately It provides Federal funds construction of for fishery habitat may be vital to a tribe in the help them realize the benefits of a water supply facilities and for Tribal economic Pacific Northwest, it may have little application broader economy. development, and defines the Federal Govern- in Arizona. I say this because I have heard It is the intention of this settlement ment’s role in implementing the settlement. that certain members of the Senate who are to help the tribe reach this goal of self- This Settlement bill has the full support of not from Montana are examining this bill to de- determination, and I urge my col- the Tribe, the State of Montana, the Depart- termine if it is consistent with the laws of their leagues to support the legislation. ment of Justice and the Department of the In- state. Mr. Speaker, if a negotiated settlement Mr. SAXTON. Mr. Speaker, last month, the terior, the Administration, and the water users in a given state had to be consistent with the House passed H.R. 795, the Rocky Boys who farm and ranch on streams shared with laws and policies of every one of the other 49 Water Rights Settlement Act. Today we have the Reservation. states, or even just the western states, we before us S. 438, a companion bill to H.R. The bill will effectuate a settlement that is a would never have another Indian water rights 795. The only difference between these two textbook example of how State, Tribal, and settlement. So again, I hope we can agree bills is a small change regarding the treatment Federal governments can work together to re- that the individual States, Tribes and the Fed- of tribal water rights off reservation. This solve differences in a way that meets the con- eral government must be given great def- change has been agreed upon by all the par- cerns of all. erence in negotiating settlements that are con- ties involved in the legislation. It is also a settlement that reflects the effec- sistent with the laws and policies of the given The Rocky Boys water right settlement proc- tiveness of Tribal and non-Tribal water users State and Tribe and which do not violate fed- ess has been important for a number of rea- in working together in good will and good faith eral law. sons. Congressman HILL, the State of Mon- with respect for each other’s needs and con- Finally, I say to my colleagues that we and tana and the Tribe have spent a good deal of cerns. the Administration must follow up and ensure time working through the issues in a construc- It is not an overstatement to say that the that funds are made available to implement tive fashion, taking steps to minimize the im- Chippewa Cree Tribe of the Rocky Boys Res- the Chippewa Cree/Montana settlement. We pact on other affected water users. ervation Indian Reserved Water Rights Settle- must do so in a manner that does not take Furthermore, there has been minimal em- ment Act is a historic agreement. This is truly funds away from basic ongoing tribal pro- phasis on some of the outmoded bases for a great occasion for all of those who have grams. We must reexamine the idea of cre- calculating Federal reserved Indian water right worked so hard to get us to this point. ating a permanent settlement fund for these types of State/Tribal agreements that is com- claims. This process has allowed the parties I again want to thank Chairman DOOLITTLE, parable to the Justice Department’s settlement to look to newer, more flexible negotiations Chairman YOUNG, and the House leadership that find solutions which provide tribes with for scheduling this bill today. I also want to fund and which is not scored against the BIA’s allocations. Again, my congratulations to the real opportunities without making demands thank Congressman KILDEE for his cosponsor- Chippewa Cree Tribe of the Rocky Boy’s Res- that may destroy the economic livelihood of ship and help in moving this bill forward. ervation, to the state of Montana and to the existing water users. Additionally, this process I urge the adoption of S. 438. members of the Federal Negotiating Team has brought new solutions and introduced pri- Mr. KILDEE. Mr. Speaker, I am pleased that the House will today consider S. 438, a bill that helped bring this to fruition. vate sector expertise into the tribes efforts to Mr. GEORGE MILLER of California. that would implement the settlement of the utilize these water supplies once the settle- Mr. Speaker, I withdraw my reserva- water rights of the Chippewa Cree Tribe of ment is authorized. tion of objection. By approaching these Indian water right set- Montana. I am a cosponsor of a similar bill The SPEAKER pro tempore. Is there tlements in more creative ways, Congress and passed by the House earlier this year. This bill objection to the request of the gen- the Federal Government can narrow the diver- marks the 16th Indian water settlement pre- tleman from Alaska? gent expectations of the parties as they enter sented to Congress in 10 years. I recall a time There was no objection. negotiations and attempt to correct problems when in the late 1980s and early 1990s Con- The Clerk read the Senate bill, as fol- that have existed for decades. It is important gress regularly sanctioned and implemented lows: for Congress to modernize the process and state/tribal water agreements. I am encour- S. 438 bases for settling these claims. It is taking far aged by the resolution (No. 98–029) from the Be it enacted by the Senate and House of Rep- too long to arrive at a settlement. Often tribes National Governors’ Association endorsing the resentatives of the United States of America in receive water and money under circumstances policy of negotiating Indian water rights settle- Congress assembled, that do not ultimately help them realize the ments. SECTION. 1. SHORT TITLE. benefits of the broader economy. It is the in- During a recent hearing before the Water This Act may be cited as the ‘‘Chippewa tention that this settlement will help the tribe and Power Subcommittee, Representative Cree Tribe of The Rocky Boy’s Reservation Indian Reserved Water Rights Settlement RICK HILL, sponsor of the bill, described this reach their goal of self-determination. and Water Supply Enhancement Act of 1999’’. settlement as a textbook example of how state I urge my colleagues to support the legisla- SEC. 2. FINDINGS. tion. and tribal governments can work together with Congress finds that— Mr. HILL of Montana. Mr. Speaker, I rise in off-reservation local ranchers and farmers to (1) in fulfillment of its trust responsibility strong support of S. 438, the Chippewa Cree resolve their differences. I concur with that to Indian tribes and to promote tribal sov- Tribe Water Rights Settlement Act, introduced characterization of this bill. I want to commend ereignty and economic self-sufficiency, it is by Senator CONRAD BURNS. the state of Montana and the Tribe for working the policy of the United States to settle the I am the sponsor of the House companion almost 15 years to reach an agreement. It is water rights claims of the tribes without to this bill which passed the House on October my understanding that the parties went sub- lengthy and costly litigation; (2) the Rocky Boy’s Reservation was estab- 18th. I thank Subcommittee Chairman JOHN basin by sub-basin and even farm by farm lished as a homeland for the Chippewa Cree DOOLITTLE and his staff Bob Faber and Josh until they had resolved the concerns of all af- Tribe; Johnson for their tireless efforts to work with fected parties. I also want to commend the In- (3) adequate water for the Chippewa Cree all parties involved to move this important terior and Justice Departments—particularly Tribe of the Rocky Boy’s Reservation is im- piece of legislation. Interior’s Acting Deputy Secretary, David portant to a permanent, sustainable, and

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sovereign homeland for the Tribe and its (1) ACT.—The term ‘‘Act’’ means the ‘‘Chip- that involve the use of water or modification members; pewa Cree Tribe of The Rocky Boy’s Res- of water courses or water bodies in any way. (4) the sovereignty of the Chippewa Cree ervation Indian Reserved Water Rights Set- SEC. 5. MISCELLANEOUS PROVISIONS. Tribe and the economy of the Reservation tlement and Water Supply Enhancement Act (a) NONEXERCISE OF TRIBE’S RIGHTS.—Pur- depend on the development of the water re- of 1999’’. suant to Tribal Resolution No. 40–98, and in sources of the Reservation; (2) COMPACT.—The term ‘‘Compact’’ means exchange for benefits under this Act, the (5) the planning, design, and construction the water rights compact between the Chip- Tribe shall not exercise the rights set forth of the facilities needed to utilize water sup- pewa Cree Tribe of the Rocky Boy’s Reserva- in Article VII.A.3 of the Compact, except plies effectively are necessary to the devel- tion and the State of Montana contained in that in the event that the approval, ratifica- opment of a viable Reservation economy and section 85–20–601 of the Montana Code Anno- tion, and confirmation of the Compact by to implementation of the Chippewa Cree- tated (1997). the United States becomes null and void Montana Water Rights Compact; (3) FINAL.—The term ‘‘final’’ with ref- under section 101(b), the Tribe shall have the (6) the Rocky Boy’s Reservation is located erence to approval of the decree in section right to exercise the rights set forth in Arti- in a water-short area of Montana and it is 101(b) means completion of any direct appeal cle VII.A.3 of the Compact. appropriate that the Act provide funding for to the Montana Supreme Court of a final de- (b) WAIVER OF SOVEREIGN IMMUNITY.—Ex- the development of additional water sup- cree by the Water Court pursuant to section cept to the extent provided in subsections plies, including domestic water, to meet the 85–2–235 of the Montana Code Annotated (a), (b), and (c) of section 208 of the Depart- needs of the Chippewa Cree Tribe; (1997), or to the Federal Court of Appeals, in- ment of Justice Appropriation Act, 1953 (43 (7) proceedings to determine the full extent cluding the expiration of the time in which a U.S.C. 666), nothing in this Act may be con- of the water rights of the Chippewa Cree petition for certiorari may be filed in the strued to waive the sovereign immunity of the United States. Tribe are currently pending before the Mon- United States Supreme Court, denial of such (c) TRIBAL RELEASE OF CLAIMS AGAINST THE tana Water Court as a part of In the Matter a petition, or the issuance of the Supreme UNITED STATES.— of the Adjudication of All Rights to the Use Court’s mandate, whichever occurs last. (4) FUND.—The term ‘‘Fund’’ means the (1) IN GENERAL.—Pursuant to Tribal Reso- of Water, Both Surface and Underground, lution No. 40–98, and in exchange for benefits within the State of Montana; Chippewa Cree Indian Reserved Water Rights Settlement Fund established under section under this Act, the Tribe shall, on the date (8) recognizing that final resolution of the of enactment of this Act, execute a waiver general stream adjudication will take many 104. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ and release of the claims described in para- years and entail great expense to all parties, graph (2) against the United States, the va- prolong uncertainty as to the availability of has the meaning given that term in section 101(2) of the Federally Recognized Indian lidity of which are not recognized by the water supplies, and seriously impair the United States, except that— long-term economic planning and develop- Tribe List Act of 1994 (25 U.S.C. 479a(2)). (6) MR&I FEASIBILITY STUDY.—The term (A) the waiver and release of claims shall ment of all parties, the Chippewa Cree Tribe not become effective until the appropriation and the State of Montana entered into the ‘‘MR&I feasibility study’’ means a munic- ipal, rural, and industrial, domestic, and in- of the funds authorized in section 105, the Compact on April 14, 1997; and water allocation in section 201, and the ap- (9) the allocation of water resources from cidental drought relief feasibility study de- scribed in section 202. propriation of funds for the MR&I feasibility the Tiber Reservoir to the Chippewa Cree (7) MISSOURI RIVER SYSTEM.—The term study authorized in section 204 have been Tribe under this Act is uniquely suited to ‘‘Missouri River System’’ means the completed and the decree has become final in the geographic, social, and economic charac- mainstem of the Missouri River and its trib- accordance with the requirements of section teristics of the area and situation involved. utaries, including the Marias River. 101(b); and SEC. 3. PURPOSES. (8) RECLAMATION LAW.—The term ‘‘Rec- (B) in the event that the approval, ratifica- The purposes of this Act are as follows: lamation Law’’ has the meaning given the tion, and confirmation of the Compact by (1) To achieve a fair, equitable, and final term ‘‘reclamation law’’ in section 4 of the the United States becomes null and void settlement of all claims to water rights in Act of December 5, 1924 (43 Stat. 701, chapter under section 101(b), the waiver and release the State of Montana for— 4; 43 U.S.C. 371). of claims shall become null and void. (A) the Chippewa Cree Tribe; and (9) ROCKY BOY’S RESERVATION; RESERVA- (2) CLAIMS DESCRIBED.—The claims referred (B) the United States for the benefit of the TION.—The term ‘‘Rocky Boy’s Reservation’’ to in paragraph (1) are as follows: Chippewa Cree Tribe. or ‘‘Reservation’’ means the Rocky Boy’s (A) Any and all claims to water rights (in- (2) To approve, ratify, and confirm, as Reservation of the Chippewa Cree Tribe in cluding water rights in surface water, ground modified in this Act, the Chippewa Cree- Montana. water, and effluent), claims for injuries to Montana Water Rights Compact entered into (10) SECRETARY.—The term ‘‘Secretary’’ water rights, claims for loss or deprivation by the Chippewa Cree Tribe of the Rocky means the Secretary of the Interior, or his or of use of water rights, and claims for failure Boy’s Reservation and the State of Montana her duly authorized representative. to acquire or develop water rights for lands on April 14, 1997, and to provide funding and (11) TOWE PONDS.—The term ‘‘Towe Ponds’’ of the Tribe from time immemorial to the other authorization necessary for the imple- means the reservoir or reservoirs referred to date of ratification of the Compact by Con- mentation of the Compact. as ‘‘Stoneman Reservoir’’ in the Compact. gress. (3) To authorize the Secretary of the Inte- (12) TRIBAL COMPACT ADMINISTRATION.—The (B) Any and all claims arising out of the rior to execute and implement the Compact term ‘‘Tribal Compact Administration’’ negotiation of the Compact and the settle- referred to in paragraph (2) and to take such means the activities assumed by the Tribe ment authorized by this Act. other actions as are necessary to implement for implementation of the Compact as set (3) SETOFFS.—In the event the waiver and the Compact in a manner consistent with forth in Article IV of the Compact. release do not become effective as set forth this Act. (13) TRIBAL WATER CODE.—The term ‘‘tribal in paragraph (1)— (4) To authorize Federal feasibility studies water code’’ means a water code adopted by (A) the United States shall be entitled to designed to identify and analyze potential the Tribe, as provided in the Compact. setoff against any claim for damages as- mechanisms to enhance, through conserva- (14) TRIBAL WATER RIGHT.— serted by the Tribe against the United tion or otherwise, water supplies in North (A) IN GENERAL.—The term ‘‘Tribal Water States, any funds transferred to the Tribe Central Montana, including mechanisms to Right’’ means the water right set forth in pursuant to section 104, and any interest ac- import domestic water supplies for the fu- section 85–20–601 of the Montana Code Anno- crued thereon up to the date of setoff; and ture growth of the Rocky Boy’s Indian Res- tated (1997) and includes the water allocation (B) the United States shall retain any ervation. set forth in Title II of this Act. other claims or defenses not waived in this (5) To authorize certain projects on the (B) RULE OF CONSTRUCTION.—The definition Act or in the Compact as modified by this Rocky Boy’s Indian Reservation, Montana, of the term ‘‘Tribal Water Right’’ under this Act. in order to implement the Compact. paragraph and the treatment of that right (d) OTHER TRIBES NOT ADVERSELY AF- (6) To authorize certain modifications to under this Act shall not be construed or in- FECTED.—Nothing in this Act shall be con- the purposes and operation of the Bureau of terpreted as a precedent for the litigation of strued to quantify or otherwise adversely af- reserved water rights or the interpretation Reclamation’s Tiber Dam and Lake Elwell fect the land and water rights, or claims or or administration of future compacts be- on the Marias River in Montana in order to entitlements to land or water of an Indian tween the United States and the State of provide the Tribe with an allocation of water tribe other than the Chippewa Cree Tribe. Montana or any other State. from Tiber Reservoir. (e) ENVIRONMENTAL COMPLIANCE.—In imple- (15) TRIBE.—The term ‘‘Tribe’’ means the (7) To authorize the appropriation of funds menting the Compact, the Secretary shall Chippewa Cree Tribe of the Rocky Boy’s Res- comply with all aspects of the National En- necessary for the implementation of the ervation and all officers, agents, and depart- vironmental Policy Act of 1969 (42 U.S.C. 4321 Compact. ments thereof. et seq.), the Endangered Species Act of 1973 SEC. 4. DEFINITIONS. (16) WATER DEVELOPMENT.—The term (16 U.S.C. 1531 et seq.), and all other applica- In this Act: ‘‘water development’’ includes all activities ble environmental Acts and regulations.

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(f) EXECUTION OF COMPACT.—The execution and shall be governed by the terms and con- States a trust fund for the Chippewa Cree of the Compact by the Secretary as provided ditions of the Compact. Tribe of the Rocky Boy’s Reservation to be for in this Act shall not constitute a major (2) ADMINISTRATION.—An entitlement de- known as the ‘‘Chippewa Cree Indian Re- Federal action under the National Environ- scribed in paragraph (1) shall be adminis- served Water Rights Settlement Trust mental Policy Act (42 U.S.C. 4321 et seq.). tered by the Tribe pursuant to a tribal water Fund’’. The Secretary is directed to carry out all code developed and adopted pursuant to Arti- (B) AVAILABILITY OF AMOUNTS IN FUND.— necessary environmental compliance re- cle IV.A.2 of the Compact, or by the Sec- (i) IN GENERAL.—Amounts in the Fund quired by Federal law in implementing the retary pending the adoption and approval of shall be available to the Secretary for man- Compact. the tribal water code. agement and investment on behalf of the (g) CONGRESSIONAL INTENT.—Nothing in (c) TEMPORARY TRANSFER OF TRIBAL WATER Tribe and distribution to the Tribe in ac- this Act shall be construed to prohibit the RIGHT.—The Tribe may, with the approval of cordance with this Act. Tribe from seeking additional authorization the Secretary and the approval of the State (ii) AVAILABILITY.—Funds made available or appropriation of funds for tribal programs of Montana pursuant to Article IV.A.4 of the from the Fund under this section shall be or purposes. Compact, transfer any portion of the Tribal available without fiscal year limitation. (h) ACT NOT PRECEDENTIAL.—Nothing in water right for use off the Reservation by (2) MANAGEMENT OF FUND.—The Secretary this Act shall be construed or interpreted as service contract, lease, exchange, or other shall deposit and manage the principal and a precedent for the litigation of reserved agreement. No service contract, lease, ex- interest in the Fund in a manner consistent water rights or the interpretation or admin- change, or other agreement entered into with subsection (b) and other applicable pro- istration of future water settlement Acts. under this subsection may permanently al- visions of this Act. TITLE I—CHIPPEWA CREE TRIBE OF THE ienate any portion of the Tribal water right. (3) CONTENTS OF FUND.—The Fund shall ROCKY BOY’S RESERVATION INDIAN RE- The enactment of this subsection shall con- consist of the amounts authorized to be ap- SERVED WATER RIGHTS SETTLEMENT stitute a plenary exercise of the powers set propriated to the Fund under section 105(a) SEC. 101. RATIFICATION OF COMPACT AND forth in Article I, section 8(3) of the United and such other amounts as may be trans- ENTRY OF DECREE. States Constitution and is statutory law of ferred or credited to the Fund. (a) WATER RIGHTS COMPACT APPROVED.— the United States within the meaning of Ar- (4) WITHDRAWAL.—The Tribe, with the ap- Except as modified by this Act, and to the ticle IV.A.4.b.(3) of the Compact. proval of the Secretary, may withdraw the extent the Compact does not conflict with SEC. 103. ON-RESERVATION WATER RESOURCES Fund and deposit it in a mutually agreed this Act— DEVELOPMENT. upon private financial institution. That (1) the Compact, entered into by the Chip- (a) WATER DEVELOPMENT PROJECTS.—The withdrawal shall be made pursuant to the pewa Cree Tribe of the Rocky Boy’s Reserva- Secretary, acting through the Bureau of Rec- American Indian Trust Fund Management tion and the State of Montana on April 14, lamation, is authorized and directed to plan, Reform Act of 1994 (25 U.S.C. 4001 et seq.). 1997, is hereby approved, ratified, and con- design, and construct, or to provide, pursu- (5) ACCOUNTS.—The Secretary of the Inte- firmed; and ant to subsection (b), for the planning, de- rior shall establish the following accounts in (2) the Secretary shall— sign, and construction of the following water the Fund and shall allocate appropriations (A) execute and implement the Compact development projects on the Rocky Boy’s to the various accounts as required in this together with any amendments agreed to by Reservation: Act: the parties or necessary to bring the Com- (1) Bonneau Dam and Reservoir Enlarge- (A) The Tribal Compact Administration pact into conformity with this Act; and ment. Account. (B) take such other actions as are nec- (2) East Fork of Beaver Creek Dam Repair (B) The Economic Development Account. essary to implement the Compact. and Enlargement. (C) The Future Water Supply Facilities Ac- (b) APPROVAL OF DECREE.— (3) Brown’s Dam Enlargement. count. (1) IN GENERAL.—Not later than 180 days (4) Towe Ponds’ Enlargement. (b) FUND MANAGEMENT.— after the date of enactment of this Act, the (5) Such other water development projects (1) IN GENERAL.— United States, the Tribe, or the State of as the Tribe shall from time to time consider (A) AMOUNTS IN FUND.—The Fund shall con- Montana shall petition the Montana Water appropriate. sist of such amounts as are appropriated to Court, individually or jointly, to enter and (b) IMPLEMENTATION AGREEMENT.—The Sec- the Fund and allocated to the accounts of approve the decree agreed to by the United retary, at the request of the Tribe, shall the Fund by the Secretary as provided for in States, the Tribe, and the State of Montana enter into an agreement, or, if appropriate, this Act and in accordance with the author- attached as Appendix 1 to the Compact, or renegotiate an existing agreement, with the izations for appropriations in paragraphs (1), any amended version thereof agreed to by Tribe to implement the provisions of this (2), and (3) of section 105(a), together with all the United States, the Tribe, and the State Act through the Tribe’s annual funding interest that accrues in the Fund. of Montana. agreement entered into under the self-gov- (B) MANAGEMENT BY SECRETARY.—The Sec- (2) RESORT TO THE FEDERAL DISTRICT ernance program under title IV of the Indian retary shall manage the Fund, make invest- COURT.—Under the circumstances set forth in Self-Determination and Education Assist- ments from the Fund, and make available Article VII.B.4 of the Compact, 1 or more ance Act (25 U.S.C. 458aa et seq.) by which funds from the Fund for distribution to the parties may file an appropriate motion (as the Tribe shall plan, design, and construct Tribe in a manner consistent with the Amer- provided in that article) in the United States any or all of the projects authorized by this ican Indian Trust Fund Management Reform district court of appropriate jurisdiction. section. Act of 1994 (25 U.S.C. 4001 et seq.). (3) EFFECT OF FAILURE OF APPROVAL TO BE- (c) BUREAU OF RECLAMATION PROJECT AD- (2) TRIBAL MANAGEMENT.— COME FINAL.—In the event the approval by MINISTRATION.— (A) IN GENERAL.—If the Tribe exercises its the appropriate court, including any direct (1) IN GENERAL.—Congress finds that the right pursuant to subsection (a)(4) to with- appeal, does not become final within 3 years Secretary, through the Bureau of Reclama- draw the Fund and deposit it in a private fi- after the filing of the decree, or the decree is tion, has entered into an agreement with the nancial institution, except as provided in the approved but is subsequently set aside by the Tribe, pursuant to title IV of the Indian Self- withdrawal plan, neither the Secretary nor appropriate court— Determination and Education Assistance Act the Secretary of the Treasury shall retain (A) the approval, ratification, and con- (25 U.S.C. 458aa et seq.)— any oversight over or liability for the ac- firmation of the Compact by the United (A) defining and limiting the role of the counting, disbursement, or investment of the States shall be null and void; and Bureau of Reclamation in its administration funds. (B) except as provided in subsections (a) of the projects authorized in subsection (a); (B) WITHDRAWAL PLAN.—The withdrawal and (c)(3) of section 5 and section 105(e)(1), (B) establishing the standards upon which plan referred to in subparagraph (A) shall this Act shall be of no further force and ef- the projects will be constructed; and provide for— fect. (C) for other purposes necessary to imple- (i) the creation of accounts and allocation SEC. 102. USE AND TRANSFER OF THE TRIBAL ment this section. to accounts in a fund established under the WATER RIGHT. (2) AGREEMENT.—The agreement referred to plan in a manner consistent with subsection (a) ADMINISTRATION AND ENFORCEMENT.—As in paragraph (1) shall become effective when (a); and provided in the Compact, until the adoption the Tribe exercises its right under subsection (ii) the appropriate terms and conditions, and approval of a tribal water code by the (b). if any, on expenditures from the fund (in ad- Tribe, the Secretary shall administer and en- SEC. 104. CHIPPEWA CREE INDIAN RESERVED dition to the requirements of the plans set force the Tribal Water Right. WATER RIGHTS SETTLEMENT TRUST forth in paragraphs (2) and (3) of subsection (b) TRIBAL MEMBER ENTITLEMENT.— FUND. (c)). (1) IN GENERAL.—Any entitlement to Fed- (a) ESTABLISHMENT OF TRUST FUND.— (c) USE OF FUND.—The Tribe shall use the eral Indian reserved water of any tribal (1) IN GENERAL.— Fund to fulfill the purposes of this Act, sub- member shall be satisfied solely from the (A) ESTABLISHMENT.—There is hereby es- ject to the following restrictions on expendi- water secured to the Tribe by the Compact tablished in the Treasury of the United tures:

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(1) Except for $400,000 necessary for capital (1) TRIBAL COMPACT ADMINISTRATION AC- (2) INVESTMENTS.—Investments may be expenditures in connection with Tribal Com- COUNT.—For Tribal Compact Administration made from the Fund pursuant to section pact Administration, only interest accrued assumed by the Tribe under the Compact and 104(d). on the Tribal Compact Administration Ac- this Act, $3,000,000 is authorized to be appro- (3) AVAILABILITY OF CERTAIN MONEYS.—The count referred to in subsection (a)(5)(A) shall priated for fiscal year 2000. amounts authorized to be appropriated in be available to satisfy the Tribe’s obliga- (2) ECONOMIC DEVELOPMENT ACCOUNT.—For subsection (a)(1) shall be available for use tions for Tribal Compact Administration tribal economic development, $3,000,000 is au- immediately upon appropriation in accord- under the provisions of the Compact. thorized to be appropriated for fiscal year ance with subsection 104(c)(1). (2) Both principal and accrued interest on 2000. (4) LIMITATION.—Those moneys allocated the Economic Development Account referred (3) FUTURE WATER SUPPLY FACILITIES AC- by the Secretary to accounts in the Fund or to in subsection (a)(5)(B) shall be available COUNT.—For the total Federal contribution in a fund established under section 104(a)(4) to the Tribe for expenditure pursuant to an to the planning, design, construction, oper- shall draw interest consistent with section economic development plan approved by the ation, maintenance, and rehabilitation of a 104(d), but the moneys authorized to be ap- Secretary. future water supply system for the Reserva- propriated under subsection (b) and para- (3) Both principal and accrued interest on tion, there are authorized to be appro- graphs (2) and (3) of subsection (a) shall not the Future Water Supply Facilities Account priated— be available for expenditure until the re- referred to in subsection (a)(5)(C) shall be (A) $2,000,000 for fiscal year 2000; quirements of section 101(b) have been met available to the Tribe for expenditure pursu- (B) $8,000,000 for fiscal year 2001; and so that the decree has become final and the ant to a water supply plan approved by the (C) $5,000,000 for fiscal year 2002. Tribe has executed the waiver and release re- Secretary. (b) ON-RESERVATION WATER DEVELOP- quired under section 5(c). (d) INVESTMENT OF FUND.— MENT.— (e) RETURN OF FUNDS TO THE TREASURY.— (1) IN GENERAL.— (1) IN GENERAL.—There are authorized to be (1) IN GENERAL.—In the event that the ap- (A) APPLICABLE LAWS.—The Secretary shall appropriated to the Department of the Inte- proval, ratification, and confirmation of the invest amounts in the Fund in accordance rior, for the Bureau of Reclamation, for the Compact by the United States becomes null with— construction of the on-Reservation water de- and void under section 101(b), all unexpended (i) the Act of April 1, 1880 (21 Stat. 70, chap- velopment projects authorized by section funds appropriated under the authority of ter 41; 25 U.S.C. 161); 103— this Act together with all interest earned on (ii) the first section of the Act entitled (A) $13,000,000 for fiscal year 2000, for the such funds, notwithstanding whether the ‘‘An Act to authorize the payment of inter- planning, design, and construction of the funds are held by the Tribe, a private insti- est of certain funds held in trust by the Bonneau Dam Enlargement, for the develop- tution, or the Secretary, shall revert to the United States for Indian tribes’’, approved ment of additional capacity in Bonneau Res- general fund of the Treasury 12 months after February 12, 1929 (25 U.S.C. 161a); and ervoir for storage of water secured to the the expiration of the deadline established in (iii) the first section of the Act entitled Tribe under the Compact; section 101(b). ‘‘An Act to authorize the deposit and invest- (B) $8,000,000 for fiscal year 2001, for the (2) INCLUSION IN AGREEMENTS AND PLAN.— ment of Indian funds’’, approved June 24, 1938 planning, design, and construction of the The requirements in paragraph (1) shall be (25 U.S.C.162a). East Fork Dam and Reservoir enlargement, included in all annual funding agreements (B) CREDITING OF AMOUNTS TO THE FUND.— of the Brown’s Dam and Reservoir enlarge- entered into under the self-governance pro- The interest on, and the proceeds from the ment, and of the Towe Ponds enlargement of gram under title IV of the Indian Self-Deter- sale or redemption of, any obligations of the which— mination and Education Assistance Act (25 United States held in the Fund shall be cred- (i) $4,000,000 shall be used for the East Fork U.S.C. 458aa et seq.), withdrawal plans, with- ited to and form part of the Fund. The Sec- Dam and Reservoir enlargement; drawal agreements, or any other agreements retary of the Treasury shall credit to each of (ii) $2,000,000 shall be used for the Brown’s for withdrawal or transfer of the funds to the the accounts contained in the Fund a propor- Dam and Reservoir enlargement; and Tribe or a private financial institution under tionate amount of that interest and pro- (iii) $2,000,000 shall be used for the Towe this Act. ceeds. Ponds enlargement; and (f) WITHOUT FISCAL YEAR LIMITATION.—All (2) CERTAIN WITHDRAWN FUNDS.— (C) $3,000,000 for fiscal year 2002, for the money appropriated pursuant to authoriza- (A) IN GENERAL.—Amounts withdrawn from planning, design, and construction of such tions under this title shall be available with- the Fund and deposited in a private financial other water resource developments as the out fiscal year limitation. institution pursuant to a withdrawal plan Tribe, with the approval of the Secretary, SEC. 106. STATE CONTRIBUTIONS TO SETTLE- approved by the Secretary under the Amer- from time to time may consider appropriate MENT. ican Indian Trust Fund Management Reform or for the completion of the 4 projects enu- Consistent with Articles VI.C.2 and C.3 of Act of 1994 (25 U.S.C. 4001 et seq.) shall be in- merated in subparagraphs (A) and (B) of the Compact, the State contribution to set- vested by an appropriate official under that paragraph (1). tlement shall be as follows: plan. (2) UNEXPENDED BALANCES.—Any unex- (1) The contribution of $150,000 appro- (B) DEPOSIT OF INTEREST AND PROCEEDS.— pended balance in the funds authorized to be priated by Montana House Bill 6 of the 55th The interest on, and the proceeds from the appropriated under subparagraph (A) or (B) Legislative Session (1997) shall be used for sale or redemption of, any obligations held of paragraph (1), after substantial comple- the following purposes: under this paragraph shall be deposited in tion of all of the projects enumerated in (A) Water quality discharge monitoring the private financial institution referred to paragraphs (1) through (4) of section 103(a)— wells and monitoring program. in subparagraph (A) in the fund established (A) shall be available to the Tribe first for (B) A diversion structure on Big Sandy pursuant to the withdrawal plan referred to completion of the enumerated projects; and Creek. in that subparagraph. The appropriate offi- (B) then for other water resource develop- (C) A conveyance structure on Box Elder cial shall credit to each of the accounts con- ment projects on the Reservation. Creek. tained in that fund a proportionate amount (c) ADMINISTRATION COSTS.—There is au- (D) The purchase of contract water from of that interest and proceeds. thorized to be appropriated to the Depart- Lower Beaver Creek Reservoir. (e) AGREEMENT REGARDING FUND EXPENDI- ment of the Interior, for the Bureau of Rec- (2) Subject to the availability of funds, the TURES.—If the Tribe does not exercise its lamation, $1,000,000 for fiscal year 2000, for State shall provide services valued at $400,000 right under subsection (a)(4) to withdraw the the costs of administration of the Bureau of for administration required by the Compact funds in the Fund and transfer those funds to Reclamation under this Act, except that— and for water quality sampling required by a private financial institution, the Secretary (1) if those costs exceed $1,000,000, the Bu- the Compact. shall enter into an agreement with the Tribe reau of Reclamation may use funds author- TITLE II—TIBER RESERVOIR ALLOCATION providing for appropriate terms and condi- ized for appropriation under subsection (b) AND FEASIBILITY STUDIES AUTHORIZA- tions, if any, on expenditures from the Fund for costs; and TION. in addition to the plans set forth in para- (2) the Bureau of Reclamation shall exer- SEC. 201. TIBER RESERVOIR. graphs (2) and (3) of subsection (c). cise its best efforts to minimize those costs (a) ALLOCATION OF WATER TO THE TRIBE.— (f) PER CAPITA DISTRIBUTIONS PROHIB- to avoid expenditures for the costs of admin- (1) IN GENERAL.—The Secretary shall per- ITED.—No part of the Fund shall be distrib- istration under this Act that exceed a total manently allocate to the Tribe, without cost uted on a per capita basis to members of the of $1,000,000. to the Tribe, 10,000 acre-feet per year of Tribe. (d) AVAILABILITY OF FUNDS.— stored water from the water right of the Bu- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—The amounts authorized reau of Reclamation in Lake Elwell, Lower (a) CHIPPEWA CREE FUND.—There is author- to be appropriated to the Fund and allocated Marias Unit, Upper Missouri Division, Pick- ized to be appropriated for the Fund, to its accounts pursuant to subsection (a) Sloan Missouri Basin Program, Montana, $21,000,000 to be allocated by the Secretary as shall be deposited into the Fund and allo- measured at the outlet works of the dam or follows: cated immediately on appropriation. at the diversion point from the reservoir.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30740 CONGRESSIONAL RECORD—HOUSE November 18, 1999 The allocation shall become effective when vided for in section 201 into the Missouri tions under this title shall be available with- the decree referred to in section 101(b) has River System for later diversion to a treat- out fiscal year limitation. become final in accordance with that sec- ment and delivery system for the Rocky (d) AVAILABILITY OF CERTAIN MONEYS.—The tion. The allocation shall be part of the Trib- Boy’s Reservation. amounts made available for use under sub- al Water Right and subject to the terms of (3) UTILIZATION OF EXISTING STUDIES.—The section (a) shall be deemed to have been this Act. MR&I feasibility study shall include utiliza- available for use as of the date on which (2) AGREEMENT.—The Secretary shall enter tion of existing Federal and non-Federal those funds were appropriated. The amounts into an agreement with the Tribe setting studies and shall be planned and conducted authorized to be appropriated in subsection forth the terms of the allocation and pro- in consultation with other Federal agencies, (b) shall be available for use immediately viding for the Tribe’s use or temporary the State of Montana, and the Chippewa Cree upon appropriation. transfer of water stored in Lake Elwell, sub- Tribe. The Senate bill was ordered to be (b) ACCEPTANCE OR PARTICIPATION IN IDEN- ject to the terms and conditions of the Com- read a third time, was read the third pact and this Act. TIFIED OFF-RESERVATION SYSTEM.—The time, and passed, and a motion to re- (3) PRIOR RESERVED WATER RIGHTS.—The al- United States, the Chippewa Cree Tribe of location provided in this section shall be the Rocky Boy’s Reservation, and the State consider was laid on the table. subject to the prior reserved water rights, if of Montana shall not be obligated to accept f any, of any Indian tribe, or person claiming or participate in any potential off-Reserva- water through any Indian tribe. tion water supply system identified in the PERMISSION FOR COMMITTEE ON (b) USE AND TEMPORARY TRANSFER OF AL- MR&I feasibility study authorized in sub- GOVERNMENT REFORM TO FILE LOCATION.— section (a). REPORT AFTER SINE DIE AD- (1) IN GENERAL.—Subject to the limitations SEC. 203. REGIONAL FEASIBILITY STUDY— JOURNMENT (a) IN GENERAL.— and conditions set forth in the Compact and Mr. BURTON of Indiana. Mr. Speak- this Act, the Tribe shall have the right to de- (1) STUDY.—The Secretary, acting through vote the water allocated by this section to the Bureau of Reclamation, shall conduct, er, I ask unanimous consent to file a any use, including agricultural, municipal, pursuant to Reclamation Law, a regional report after adjournment. I ask unani- commercial, industrial, mining, or rec- feasibility study (referred to in this sub- mous consent that the Committee on reational uses, within or outside the Rocky section as the ‘‘regional feasibility study’’) Government Reform be permitted to Boy’s Reservation. to evaluate water and related resources in file an investigative report by Decem- (2) CONTRACTS AND AGREEMENTS.—Notwith- North-Central Montana in order to deter- ber 10, 1999. standing any other provision of statutory or mine the limitations of those resources and The SPEAKER pro tempore. Is there common law, the Tribe may, with the ap- how those resources can best be managed and developed to serve the needs of the citi- objection to the request of the gen- proval of the Secretary and subject to the tleman from Indiana? limitations and conditions set forth in the zens of Montana. Compact, enter into a service contract, (2) USE OF FUNDS MADE AVAILABLE FOR FIS- There was no objection. lease, exchange, or other agreement pro- CAL YEAR 1999.—The authority under para- f graph (1) shall be deemed to apply to re- viding for the temporary delivery, use, or FOUR CORNERS INTERPRETIVE transfer of the water allocated by this sec- gional feasibility study activities for which tion, except that no such service contract, funds were made available by appropriations CENTER ACT lease, exchange, or other agreement may for fiscal year 1999. Mr. CANNON. Mr. Speaker, I ask (b) CONTENTS OF STUDY.—The regional fea- permanently alienate any portion of the unanimous consent to take from the tribal allocation. sibility study shall— (1) evaluate existing and potential water Speaker’s table the Senate bill (S. 28) (c) REMAINING STORAGE.—The United to authorize an interpretive center and States shall retain the right to use for any supplies, uses, and management; authorized purpose, any and all storage re- (2) identify major water-related issues, in- related visitor facilities within the maining in Lake Elwell after the allocation cluding environmental, water supply, and Four Corners Monument Tribal Park, made to the Tribe in subsection (a). economic issues; and for other purpose, and ask for its (d) WATER TRANSPORT OBLIGATION; DEVEL- (3) evaluate opportunities to resolve the immediate consideration in the House. OPMENT AND DELIVERY COSTS.—The United issues referred to in paragraph (2); and The Clerk read the title of the Senate (4) evaluate options for implementation of States shall have no responsibility or obliga- bill. tion to provide any facility for the transport resolutions to the issues. (c) REQUIREMENTS.—Because of the re- The SPEAKER pro tempore. Is there of the water allocated by this section to the objection to the request of the gen- Rocky Boy’s Reservation or to any other lo- gional and international impact of the re- gional feasibility study, the study may not cation. Except for the contribution set forth tleman from Utah? be segmented. The regional study shall— in section 105(a)(3), the cost of developing Mr. GEORGE MILLER of California. (1) utilize, to the maximum extent pos- and delivering the water allocated by this Mr. Speaker, reserving the right to ob- sible, existing information; and title or any other supplemental water to the ject, I do so to yield to the gentleman (2) be planned and conducted in consulta- Rocky Boy’s Reservation shall not be borne tion with all affected interests, including in- to quickly explain the bill. by the United States. terests in Canada. Mr. CANNON. Mr. Speaker, will the (e) SECTION NOT PRECEDENTIAL.—The provi- gentleman yield? sions of this section regarding the allocation SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY STUDIES. Mr. GEORGE MILLER of California. of water resources from the Tiber Reservoir (a) FISCAL YEAR 1999 APPROPRIATIONS.—Of to the Tribe shall not be construed as prece- I yield to the gentleman from Utah. the amounts made available by appropria- dent in the litigation or settlement of any Mr. CANNON. Mr. Speaker, I rise in tions for fiscal year 1999 for the Bureau of support of S. 28, the Four Corners In- other Indian water right claims. Reclamation, $1,000,000 shall be used for the SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL purpose of commencing the MR&I feasibility terpretive Center Act. Having intro- FEASIBILITY STUDY. study under section 202 and the regional duced companion legislation, H.R. 1384, (a) AUTHORIZATION.— study under section 203, of which— S. 28 simply establishes the Four Cor- (1) IN GENERAL.— (1) $500,000 shall be used for the MR&I ners Interpretive Center to provide a (A) STUDY.—The Secretary, acting through study under section 202; and unique collection of cultural, historical the Bureau of Reclamation, shall perform an (2) $500,000 shall be used for the regional and archeological specimens for the MR&I feasibility study of water and related study under section 203. millions of people who visit the only resources in North Central Montana to (b) FEASIBILITY STUDIES.—There is author- evaluate alternatives for a municipal, rural, ized to be appropriated to the Department of geographic location in the nation and industrial supply for the Rocky Boy’s the Interior, for the Bureau of Reclamation, where the boundaries of four States, Reservation. for the purpose of conducting the MR&I fea- Arizona, Colorado, New Mexico and (B) USE OF FUNDS MADE AVAILABLE FOR FIS- sibility study under section 202 and the re- Utah come together. CAL YEAR 1999.—The authority under subpara- gional study under section 203, $3,000,000 for The Four Corners Monument Tribal graph (A) shall be deemed to apply to MR&I fiscal year 2000, of which— Park is located on lands that fall with- feasibility study activities for which funds (1) $500,000 shall be used for the MR&I fea- in the Navajo Reservation and the Ute were made available by appropriations for sibility study under section 202; and Mountain Reservation. In 1996, these fiscal year 1999. (2) $2,500,000 shall be used for the regional (2) CONTENTS OF STUDY.—The MR&I feasi- study under section 203. tribes entered into a memorandum of bility study shall include the feasibility of (c) WITHOUT FISCAL YEAR LIMITATION.—All understanding governing the future de- releasing the Tribe’s Tiber allocation as pro- money appropriated pursuant to authoriza- velopment of the park.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30741 S. 28 and H.R. 1384 reflect that agree- (13) an interpretive center would provide shall be established without the consent of ment, providing the initial facility of important educational and enrichment op- the Navajo Nation and the Ute Mountain Ute base communities to lead to full devel- portunities for all Americans; and Tribe. opment of the park. This bill rep- (14) Federal financial assistance and tech- nical expertise are needed for the construc- (d) COMPONENTS OF CENTER.—The Center resents the cooperation of Federal, tion of an interpretive center. shall include— State and local and tribal governments (b) PURPOSES.—The purposes of this Act (1) a location for permanent and temporary in an effort to reaffirm the ties of our are— exhibits depicting the archaeological, cul- past while extending those ties to the (1) to recognize the importance of the Four tural, and natural heritage of the Four Cor- future. I urge support for this bill. Corners Monument and surrounding land- ners region; Mr. GEORGE MILLER of California. scape as a distinct area in the heritage of the (2) a venue for public education programs; Mr. Speaker, I withdraw my reserva- United States that is worthy of interpreta- (3) a location to highlight the importance tion of objection. tion and preservation; of efforts to preserve southwestern archae- The SPEAKER pro tempore. Is there (2) to assist the Navajo Nation and the Ute ological sites and museum collections; Mountain Ute Tribe in establishing the Four (4) a location to provide information to the objection to the request of the gen- Corners Interpretive Center and related fa- tleman from Utah? general public about cultural and natural re- cilities to meet the needs of the general pub- sources, parks, museums, and travel in the There was no objection. lic; The Clerk read the Senate bill, as fol- Four Corners region; and (3) to highlight and showcase the collabo- (5) visitor amenities including restrooms, lows: rative resource stewardship of private indi- public telephones, and other basic facilities. S. 28 viduals, Indian tribes, universities, Federal Be it enacted by the Senate and House of Rep- agencies, and the governments of States and SEC. 5. CONSTRUCTION GRANT. political subdivisions thereof (including resentatives of the United States of America in (a) GRANT.— counties); and Congress assembled, (1) IN GENERAL.—The Secretary is author- (4) to promote knowledge of the life, art, SECTION 1. SHORT TITLE. ized to award a grant to an eligible entity for culture, politics, and history of the cul- This Act may be cited as the ‘‘Four Cor- the construction of the Center in an amount ners Interpretive Center Act’’. turally diverse groups of the Four Corners region. not to exceed 50 percent of the cost of con- SEC. 2. FINDINGS AND PURPOSES. struction of the Center. SEC. 3. DEFINITIONS. (a) FINDINGS.—Congress finds that— As used in this Act: (2) ASSURANCES.—To be eligible for the (1) the Four Corners Monument is nation- grant, the eligible entity that is selected to ally significant as the only geographic loca- (1) CENTER.—The term ‘‘Center’’ means the Four Corners Interpretive Center established receive the grant shall provide assurances tion in the United States where 4 State that— boundaries meet; under section 4, including restrooms, park- ing areas, vendor facilities, sidewalks, utili- (A) the non-Federal share of the costs of (2) the States with boundaries that meet at ties, exhibits, and other visitor facilities. construction is paid from non-Federal the Four Corners are Arizona, Colorado, New (2) ELIGIBLE ENTITY.—The term ‘‘eligible sources (which may include contributions Mexico, and Utah; entity’’ means the State of Arizona, Colo- made by States, private sources, the Navajo (3) between 1868 and 1875 the boundary lines rado, New Mexico, or Utah, or any consor- Nation, and the Ute Mountain Ute Tribe for that created the Four Corners were drawn, tium of 2 or more of those States. planning, design, construction, furnishing, and in 1899 a monument was erected at the (3) FOUR CORNERS HERITAGE COUNCIL.—The startup, and operational expenses); and site; term ‘‘Four Corners Heritage Council’’ (B) the aggregate amount of non-Federal (4) a United States postal stamp will be means the nonprofit coalition of Federal, funds contributed by the States used to issued in 1999 to commemorate the centen- State, tribal, and private entities established nial of the original boundary marker; carry out the activities specified in subpara- in 1992 by agreements of the Governors of the (5) the Four Corners area is distinct in graph (A) will not be less than $2,000,000, of States of Arizona, Colorado, New Mexico, character and possesses important histor- which each of the States that is party to the and Utah. ical, cultural, and prehistoric values and re- grant will contribute equally in cash or in (4) FOUR CORNERS MONUMENT.—The term sources within the surrounding cultural kind. ‘‘Four Corners Monument’’ means the phys- landscape; (3) FUNDS FROM PRIVATE SOURCES.—A State ical monument where the boundaries of the (6) although there are no permanent facili- may use funds from private sources to meet States of Arizona, Colorado, New Mexico, ties or utilities at the Four Corners Monu- the requirements of paragraph (2)(B). and Utah meet. ment Tribal Park, each year the park at- (4) FUNDS OF STATE OF ARIZONA.—The State (5) FOUR CORNERS MONUMENT TRIBAL tracts approximately 250,000 visitors; of Arizona may apply $45,000 authorized by PARK.—The term ‘‘Four Corners Monument (7) the area of the Four Corners Monument the State of Arizona during fiscal year 1998 Tribal Park’’ means lands within the legally Tribal Park falls entirely within the Navajo for planning and $250,000 that is held in re- defined boundaries of the Four Corners Nation or Ute Mountain Ute Tribe reserva- serve by the State for construction toward Monument Tribal Park. tions; the Arizona share. (6) SECRETARY.—The term ‘‘Secretary’’ (8) the Navajo Nation and the Ute Moun- means the Secretary of the Interior. (b) GRANT REQUIREMENTS.—In order to re- tain Ute Tribe have entered into a memo- ceive a grant under this Act, the eligible en- randum of understanding governing the plan- SEC. 4. FOUR CORNERS INTERPRETIVE CENTER. tity selected to receive the grant shall— ning and future development of the Four (a) ESTABLISHMENT.—Subject to the avail- ability of appropriations, the Secretary is (1) submit to the Secretary a proposal Corners Monument Tribal Park; authorized to establish within the bound- that— (9) in 1992, through agreements executed by aries of the Four Corners Monument Tribal the Governors of Arizona, Colorado, New (A) meets all applicable— Park a center for the interpretation and Mexico, and Utah, the Four Corners Heritage (i) laws, including building codes and regu- commemoration of the Four Corners Monu- Council was established as a coalition of lations; and ment, to be known as the ‘‘Four Corners In- (ii) requirements under the memorandum State, Federal, tribal, and private interests; terpretive Center’’. (10) the State of Arizona has obligated of understanding described in paragraph (2); (b) LAND DESIGNATED AND MADE AVAIL- and $45,000 for planning efforts and $250,000 for ABLE.—Land for the Center shall be des- (B) provides such information and assur- construction of an interpretive center at the ignated and made available by the Navajo ances as the Secretary may require; and Four Corners Monument Tribal Park; Nation or the Ute Mountain Ute Tribe with- (11) numerous studies and extensive con- in the boundaries of the Four Corners Monu- (2) enter into a memorandum of under- sultation with American Indians have dem- ment Tribal Park in consultation with the standing with the Secretary providing— onstrated that development at the Four Cor- Four Corners Heritage Council and in ac- (A) a timetable for completion of construc- ners Monument Tribal Park would greatly cordance with— tion and opening of the Center; benefit the people of the Navajo Nation and (1) the memorandum of understanding be- (B) assurances that design, architectural, the Ute Mountain Ute Tribe; tween the Navajo Nation and the Ute Moun- and construction contracts will be competi- (12) the Arizona Department of Transpor- tain Ute Tribe that was entered into on Oc- tively awarded; tation has completed preliminary cost esti- tober 22, 1996; and (C) specifications meeting all applicable mates that are based on field experience with (2) applicable supplemental agreements Federal, State, and local building codes and rest-area development for the construction with the Bureau of Land Management, the laws; of a Four Corners Interpretive Center and National Park Service, and the United (D) arrangements for operations and main- surrounding infrastructure, including rest- States Forest Service. tenance upon completion of construction; rooms, roadways, parking areas, and water, (c) CONCURRENCE.—Notwithstanding any (E) a description of the Center collections electrical, telephone, and sewage facilities; other provision of this Act, no such center and educational programming;

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(F) a plan for design of exhibits including, mittee on Resources be discharged from California (Mr. GEORGE MILLER), but not limited to, the selection of collec- from further consideration of the Sen- to permit the people of our region of tions to be exhibited, and the providing of se- ate bill (S. 548) to establish the Fallen the United States to tell the full story curity, preservation, protection, environ- Timbers Battlefield and Fort Miamis of our history, the battle that occurred mental controls, and presentations in ac- cordance with professional museum stand- National Historical Site in the State of on this site and the assumption of the ards; Ohio, and ask for its immediate consid- northwest territory and the opening of (G) an agreement with the Navajo Nation eration in the House. our entire region of the Nation to set- and the Ute Mountain Ute Tribe relative to The Clerk read the title of the Senate tlement. site selection and public access to the facili- bill. I cannot thank the gentlemen enough ties; and The SPEAKER pro tempore. Is there on behalf of the people of the Buckeye (H) a financing plan developed jointly by objection to the request of the gen- State and our adjoining sister States the Navajo Nation and the Ute Mountain Ute tleman from Utah? for making this possible, before this Tribe outlining the long-term management Mr. GEORGE MILLER of California. of the Center, including— century ends. (i) the acceptance and use of funds derived Mr. Speaker, reserving the right to ob- Mr. Speaker, the bill before us today is a from public and private sources to minimize ject, I do so for the purposes of yielding matter of great significance to the American the use of appropriated or borrowed funds; to the gentleman so he may explain the Midwest and to the 9th District of Ohio in par- (ii) the payment of the operating costs of bill. ticular. The bill under consideration today, the Center through the assessment of fees or Mr. HANSEN. Mr. Speaker, will the Senator DEWINE’s S. 548, is the companion to other income generated by the Center; gentleman yield? legislation I have introduced in the House, (iii) a strategy for achieving financial self- Mr. GEORGE MILLER of California. H.R. 868. I wish to thank Senator DEWINE for sufficiency with respect to the Center by not I yield to the gentleman from Utah. taking the lead on this measure in the Senate. later than 5 years after the date of enact- ment of this Act; and Mr. HANSEN. Mr. Speaker, I appre- Some authorities place the Battle of Fallen (iv) appropriate vendor standards and busi- ciate the gentleman yielding. Mr. Timbers among the three most important bat- ness activities at the Four Corners Monu- Speaker, S. 548 introduced by Senator tles in the formation of the United States, ment Tribal Park. MIKE DEWINE from Ohio and the gen- alongside the battles of Yorktown and Gettys- SEC. 6. SELECTION OF GRANT RECIPIENT. tlewoman from Ohio (Ms. KAPTUR), who burg. We should note that the Battle of Fallen The Four Corners Heritage Council may have worked so diligently on this bill, Timbers did secure and open a large terri- make recommendations to the Secretary on authorizes the establishment of the tory—now embracing parts of Ohio, Michigan, grant proposals regarding the design of fa- Fallen Timbers Battlefield and Fort Indiana, and Illinois—for new settlements in cilities at the Four Corners Monument Trib- Miamis National Historical Site in our fledgling nation. al Park. Ohio. Another, contemporary battle should also be SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The historical site shall be estab- recognized here today. That is the struggle for (a) AUTHORIZATIONS.—There are authorized to be appropriated to the Department of the lished as an affiliated area of the na- national recognition of the Battle of Fallen Interior to carry out this Act— tional park system and shall be admin- Timbers as a keystone in the Maumee Valley (1) $2,000,000 for fiscal year 2000; and istered in a manner consistent with the and the Midwest. (2) $50,000 for each of fiscal years 2001 National Park Service. In 1991, I was able to secure authorization through 2005 for maintenance and operation The Metropolitan Park District of in the Interior Appropriations bill for the Na- of the Center, program development, or staff- the Toledo area would be established as tional Park Service to assess the Maumee ing in a manner consistent with the require- the management entity and is respon- River Heritage Corridor for historically signifi- ments of section 5(b). sible for developing a management cant sites. The first site assessed was the (b) CARRYOVER.—Funds made available Fallen Timbers battlefield. under subsection (a)(1) that are unexpended plan for the site. The Secretary of the at the end of the fiscal year for which those Interior will provide both financial and We will hear later this morning from two funds are appropriated, may be used by the technical assistance to implement the people who have served in that more recent Secretary through fiscal year 2002 for the management plan and develop pro- battle, Dr. G. Michael Pratt from Heidelberg purposes for which those funds are made grams to preserve and interpret the College and Jean Ward, Director of available. historical, cultural, natural, rec- Metroparks of the Toledo Area. Dr. Pratt (c) RESERVATION OF FUNDS.—The Secretary reational and scenic resources of the heads the Center for Historic and Military may reserve funds appropriated pursuant to site. Archeology. He led the archaeological study this Act until a grant proposal meeting the that definitively located the Fallen Timbers requirements of this Act is submitted, but no The National Park Service completed later than September 30, 2001. a special resource study in October of Battlefield site. Jean Ward has served the To- SEC. 8. DONATIONS. 1998 of the site, which is already des- ledo area as director of its park system for Notwithstanding any other provision of ignated as a national historic land- more than 30 years. Toledo Metroparks man- law, for purposes of the planning, construc- mark, and recommended affiliate sta- ages over 7,000 acres of parkland and historic tion, and operation of the Center, the Sec- tus. sites in Lucas County. retary may accept, retain, and expend dona- The bill has support from the Na- THE BATTLE OF FALLEN TIMBERS tions of funds, and use property or services tional Park Service and the minority, In 1794, the line of control between British donated, from private persons and entities or and I urge my colleagues to support forces and their Native American allies and from public entities. this bill. the forces of the United States lay across the SEC. 9. STATUTORY CONSTRUCTION. Ms. KAPTUR. Mr. Speaker, will the ‘‘Foot of the Rapids’’ on the Maumee River. Nothing in this Act is intended to abro- gate, modify, or impair any right or claim of gentleman yield? On August 20, 1794, General Anthony Wayne the Navajo Nation or the Ute Mountain Ute Mr. GEORGE MILLER of California. led his legion down the Maumee River valley Tribe, that is based on any law (including I yield to the gentlewoman from Ohio, from near what is now Waterville, Ohio. Com- any treaty, Executive order, agreement, or who has worked so very, very hard on ing to an area where a recent storm had top- Act of Congress). this legislation. pled much of the forest, Wayne’s leading ele- The Senate bill was ordered to be Ms. KAPTUR. Mr. Speaker, I just ments were engaged by about 1,100 warriors read a third time, was read the third wanted to, as we close out this first from a confederacy of Ohio and Great Lakes time, and passed, and a motion to re- session of the 106th Congress, and we tribes. The U.S. soldiers fell back to their main consider was laid on the table. close out this century, extend my deep- lines and a pitched battle surged back and f est appreciation on behalf of the people forth over the ‘‘fallen timbers.’’ Finally, a con- of Ohio and, by affiliation, the people certed charge by the entire legion drove the FALLEN TIMBERS BATTLEFIELD of Michigan, Indiana and Illinois to the Native Americans back to within sight of Fort AND FORT MIAMIS NATIONAL chairman, the gentleman from Utah Miamis to the northeast, and their resistance HISTORIC SITE ACT OF 1999 (Mr. HANSEN), who could not have been dissipated. Mr. HANSEN. Mr. Speaker, I ask more diligent in working with us, and The Native American coalition included unanimous consent that the Com- the ranking member, the gentleman members of the Wyandot, Miami, Ottawa,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00107 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30743 Delaware, Mingo, Shawnee, Potawatomi, and Battlefield Commission. The Commission has (5) The term ‘‘technical assistance’’ means Chippewa tribes as well as a few Canadian produced a flyer describing the battle and its any guidance, advice, or other aid, other militia. historic significance. It has also produced an than financial assistance, provided by the Secretary. The battle was a clear victory for the United excellent video presentation in support of States, a policy failure for the British, and a preservation. SEC. 3. FINDINGS AND PURPOSES. disaster for the Native American Confederacy. (a) FINDINGS.—Congress finds the fol- Another person whose efforts must not be lowing: The resultant Treaty of Greenville in 1795 forgotten is the former Mayor of the City of (1) The 185-acre Fallen Timbers Battlefield gained the City of Detroit, then the largest city Maumee, Steve Pauken. His tireless efforts is the site of the 1794 battle between General on the Great Lakes and secured much of the contributed as much as anyone’s to saving Anthony Wayne and a confederation of Na- Northwest Territory for the growing United Fallen Timbers. tive American tribes led by Little Turtle and States. Others that have contributed financial, indi- Blue Jacket. I am holding here a typical U.S. Department vidual, and organizational resources to the ef- (2) Fort Miamis was occupied by General of Defense sketch of the Battle of Fallen Tim- fort include the Ohio Historical Society, the Wayne’s legion from 1796 to 1798. (3) In the spring of 1813, British troops, led bers that has been widely displayed in Army City of Maumee, the City of Toledo, the installations across our nation for decades. by General Henry Proctor, landed at Fort Maumee Valley Heritage Corridor, Heidelberg Miamis and attacked the fort twice, without In addition to the battlefield, the Historic Site College, Toledo Metroparks, and the Toledo would include the nearby site of Fort Miamis, success. Blade and its editorial staff, particularly Ralph (4) Fort Miamis and Fallen Timbers Bat- which played a role not only in the Wayne Johnson. tlefield are in Lucas County, Ohio, in the campaign but also in the War of 1812. In the The Fallen Timbers Battlefield was listed as city of Maumee. spring of 1813, British forces landed troops number two on the 1996 list of the ten most (5) The 9-acre Fallen Timbers Battlefield and artillery on the site of the deteriorated Fort endangered National Historic Landmarks in a Monument is listed as a National Historic Miamis on the lower Maumee River. Together report by the National Park Service. It was in- Landmark. with Shawnee Chief Tecumseh, the British (6) Fort Miamis is listed in the National cluded in the 1959 National Survey of Historic Register of Historic Places as a historic site. twice attacked the American garrison at Fort Sites and Buildings as one of 22 sites rep- Meigs—another military outpost along the (7) In 1959, the Fallen Timbers Battlefield resenting the national historic theme ‘‘The Ad- was included in the National Survey of His- Maumee River—and twice were repulsed. vance of the Frontier, 1763–1830.’’ It was des- toric Sites and Buildings as 1 of 22 sites rep- These U.S. victories at Fort Meigs frustrated ignated a National Historic Landmark in 1960 resenting the ‘‘Advance of the Frontier, 1763– British attempts to regain the Northwest Terri- as ‘‘the culminating event which demonstrated 1830’’. tory and were a prelude to the victory of Com- the tenacity of the American people in their ef- (8) In 1960, the Fallen Timbers Battlefield modore Perry’s Battle of Lake Erie victory later was designated as a National Historic Land- forts of western expansion through the strug- in 1813, a large mural of which hangs just out- mark. gle for dominance in the Old Northwest Terri- side the House chamber. (b) PURPOSES.—The purposes of this Act tory.’’ are— THE BATTLE FOR FALLEN TIMBERS The National Park Service Resource Study (1) to recognize and preserve the 185-acre The people of northwest Ohio have long concluded that the Fallen Timbers Battlefield Fallen Timbers Battlefield site; held a strong interest in the history of our re- site would be ‘‘eligible, suitable, and feasible (2) to recognize and preserve the Fort Mi- gion and, in particular, in the battle that won for recognition as an affiliated area of the Na- amis site; the territory for the United States. In the mid- tional Park System if the 185-acre core battle- (3) to formalize the linkage of the Fallen 1930’s, a 9-acre site on the banks of the field can be acquired for preservation pur- Timbers Battlefield and Monument to Fort Miamis; Maumee River then thought to be the location poses.’’ The House should know that we have of the Battle of Fallen Timbers was dedicated (4) to preserve and interpret United States the commitments of the State of Ohio, the City and a statue commemorating the battle erect- military history and Native American cul- of Toledo, and the City of Maumee to see this ed. As interest in preserving both our local his- ture during the period from 1794 through project through to completion. 1813; tory and natural areas grew earlier this dec- Mr. Speaker, I urge all of our colleagues to (5) to provide assistance to the State of ade, I was able to secure the authorization for support this bill which helps complete the ap- Ohio, political subdivisions of the State, and a resource study of the Fallen Timbers area preciation of our nation’s early history. nonprofit organizations in the State to im- by the National Park Service as part of a pos- Mr. GEORGE MILLER of California. plement the management plan and develop sible Maumee River Valley Heritage Corridor Mr. Speaker, I withdraw my reserva- programs that will preserve and interpret the historical, cultural, natural, recreational that lies between Toledo, Ohio, and Fort tion of objection. Wayne, Indiana. It remains one of the most and scenic resources of the historic site; and The SPEAKER pro tempore. Is there (6) to authorize the Secretary to provide scenic and bucolic stretches in the Midwest. objection to the request of the gen- Beginning in 1995, an archaeological inves- technical assistance to the State of Ohio, po- tleman from Utah? tigation led by Dr. Pratt set out to identify the litical subdivisions of the State, and non- There was no objection. profit organizations in the State, including exact location of the battle. Dr. Pratt’s excel- The Clerk read the Senate bill, as fol- the Ohio Historical Society, the city of lent work has proven conclusively that the bat- lows: Maumee, the Maumee Valley Heritage Cor- tle actually took place some distance from the S. 548 ridor, the Fallen Timbers Battlefield Com- existing Fallen Timbers Monument. Develop- mission, Heidelberg College, the city of To- ment is beginning to encroach on the battle- Be it enacted by the Senate and House of Rep- ledo, and the Metropark District of the To- resentatives of the United States of America in field site, but a significant portion of the core ledo Area, to implement the management Congress assembled, plan. battlefield is still in agricultural use and owned SECTION 1. SHORT TITLE. SEC. 4. ESTABLISHMENT OF THE FALLEN TIM- by the City of Toledo. This Act may be cited as the ‘‘Fallen Tim- It is that site, along with the Monument site BERS BATTLEFIELD AND FORT MI- bers Battlefield and Fort Miamis National AMIS NATIONAL HISTORIC SITE. and the Fort Miamis site, that this legislation Historic Site Act of 1999’’. (a) IN GENERAL.—There is established, as would establish as a National Historic Site and SEC. 2. DEFINITIONS. an affiliated area of the National Park Sys- an interpretive locus for the entire heritage As used in this Act: tem, the Fallen Timbers Battlefield and Fort corridor. (a) DEFINITIONS.— Miamis National Historic Site in the State Most impressive, however, has been the (1) The term ‘‘historic site’’ means the of Ohio. outpouring of grassroots interest in the Battle Fallen Timbers Battlefield and Monument (b) DESCRIPTION.—The historic site is com- of Fallen Timbers and the preservation of its and Fort Miamis National Historic Site es- prised of the following as generally depicted sites. Our office has received hundreds of let- tablished by section 4 of this Act. on the map entitled Fallen Timbers Battle- ters supporting preservation of these sites in- (2) The term ‘‘management plan’’ means field and Fort Miamis National Historical the general management plan developed pur- Site-proposed, number NHS–FTFM, and cluding this batch of drawings of Fort Miamis suant to section 5(d). dated May 1999: sent by the students at the Fort Miami School (3) The term ‘‘Secretary’’ means the Sec- (1) The Fallen Timbers site, comprised gen- in Maumee, Ohio. Local press coverage has retary of the Interior. erally of the following: been extensive. (4) The term ‘‘management entity’’ means (A) The Fallen Timbers Battlefield site, We should particularly note the efforts of the Metropolitan Park District of the Toledo consisting of an approximately 185-acre par- Marianne Duvendack and the Fallen Timbers Area. cel located north of U.S. 24, west of U.S. 23/

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30744 CONGRESSIONAL RECORD—HOUSE November 18, 1999 I–475, south of the Norfolk and Western Rail- to a map relating to the Coastal Bar- vate lands would have qualified for inclusion road line, and east of Jerome Road. rier Resources System, and ask for its under the Fish and Wildlife Service’s designa- (B) The approximately 9-acre Fallen Tim- immediate consideration in the House. tion criteria for otherwise protected areas or bers Battlefield Monument, located south of The Clerk read the title of the bill. U.S. 24; and undeveloped coastal barriers. (2) The Fort Miamis Park site. b 1930 This bill will rectify a previous mapping error by the Fish and Wildlife Service and bring this (c) MAP.—The map shall be on file and The SPEAKER pro tempore (Mr. available for public inspection in the appro- OPA into conformance with congressional in- priate offices of the National Park Service. PEASE). Is there objection to the re- tent to use existing park boundaries as the SEC. 5. ADMINISTRATION OF HISTORIC SITES. quest of the gentleman from New Jer- basis for OPA boundaries. The Administration (a) APPLICABILITY OF NATIONAL PARK SYS- sey? supports this legislation and I urge that the TEM LAWS.—The historic site shall be admin- Mr. GEORGE MILLER of California. House pass the bill. istered in a manner consistent with this Act Mr. Speaker, reserving the right to ob- Mr. Speaker, I withdraw my reserva- and all laws generally applicable to units of ject, I do so for the purpose of asking tion of objection. the National Park System, including the Act the gentleman from New Jersey to ex- The SPEAKER pro tempore. Is there of August 25, 1916 (16 U.S.C. 1, 2–4; commonly plain his unanimous consent request. objection to the request of the gen- known as the National Park Service Organic Mr. Speaker, I yield to the gentleman tleman from New Jersey? Act), and the Act of August 21, 1935 (16 U.S.C. from New Jersey (Mr. SAXTON). There was no objection. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). Mr. SAXTON. Mr. Speaker, coastal The Clerk read the bill, as follows: (b) COOPERATIVE AGREEMENT.—The Sec- barriers are dynamic ecosystems and H.R. 34 retary may enter into a cooperative agree- are prone to frequent moving and shift- Be it enacted by the Senate and House of Rep- ment with the management entity to provide ing as the result of storms and other resentatives of the United States of America in technical assistance to ensure the marking, natural processes. Despite their vulner- Congress assembled, research, interpretation, education and pres- ability, these areas are attractive loca- SECTION 1. CORRECTIONS TO MAPS. ervation of the Fallen Timbers Battlefield tions to live in and are popular for va- (a) IN GENERAL.—The Secretary of the In- and Fort Miamis National Historic Site. cation destinations. terior shall, before the end of the 30-day pe- (c) REIMBURSEMENT.—Any payment made riod beginning on the date of the enactment by the Secretary pursuant to this section Congress approved the Coastal Bar- of this Act, make such corrections to the shall be subject to an agreement that con- riers Resources Act of 1982 to protect map described in subsection (b) as are nec- version, use, or disposal of the project so as- these areas by establishing a system of essary to ensure that depictions of areas on sisted for purposes contrary to the purposes barrier units that are precluded from that map are consistent with the depictions of this section as determined by the Sec- receiving Federal development assist- of areas appearing on the map entitled retary, shall result in a right of the United ance, including Federal flood insur- ‘‘Amendments to the Coastal Barrier Re- States to reimbursement of all funds made ance. The System is administered by sources System’’, dated llllll, and on available to such project or the proportion of the Fish and Wildlife Service. file with the Committee on Resources of the the increased value of the project attrib- House of Representatives. utable to such funds as determined at the Maps depicting the various units are (b) MAP DESCRIBED.—The map described in time of such conversion, use, or disposal, adopted by Congress, and any changes this subsection is the map that— whichever is greater. to the boundaries of System units re- (1) is included in a set of maps entitled (d) GENERAL MANAGEMENT PLAN.— quire legislative action. The System ‘‘Coastal Barrier Resources System’’, dated (1) IN GENERAL.—The Secretary, in con- includes 274 otherwise protected areas. November 2, 1994; and sultation with the management entity and Otherwise protected areas include (2) relates to unit P19–P of the Coastal Bar- Native American tribes whose ancestors lands that are held for conservation rier Resources System. were involved in events at these sites, shall purposes by the Federal, State, and The bill was ordered to be engrossed develop a general management plan for the local governments or private conserva- and read a third time, was read the historic site. The plan shall be prepared in third time, and passed, and a motion to accordance with section 12(b) of Public Law tion groups. 91–383 (16 U.S.C. 1a–1 et seq.; commonly Mr. Speaker, H.R. 34 adopts maps reconsider was laid on the table. known as the National Park System General drawn by the Fish and Wildlife Service f Authorities Act). that correctly portray the boundaries MESSAGE FROM THE SENATE (2) COMPLETION.—The plan shall be com- of the Cayo Costa State Park in Flor- A message from the Senate by Mr. pleted not later than 2 years after the date ida, and this is supported by the Fish Lundregan, one of its clerks, an- funds are made available. and Wildlife Service and the Com- (3) TRANSMITTAL.—Not later than 30 days nounced that the Senate had passed mittee on Resources majority and mi- after completion of the plan, the Secretary without amendment a joint resolution nority. shall provide a copy of the plan to the Com- of the House of the following title: mittee on Energy and Natural Resources of H.R. 34 passed the House of Rep- H.J. Res. 83. Joint resolution making fur- the Senate and the Committee on Resources resentatives as part of H.R. 1431 on ther continuing appropriations for the fiscal of the House of Representatives. September 21, 1999. year 2000, and for other purposes. SEC. 6. AUTHORIZATION OF APPROPRIATIONS Mr. Speaker, I believe H.R. 34 cor- f There is authorized to be appropriated rects a true mapping error, and I such funds as are necessary to carry out this strongly urge the passage of this legis- DIRECTING SECRETARY OF THE Act. lation. INTERIOR TO MAKE CORREC- The Senate bill was ordered to be Mr. GEORGE MILLER of California. Mr. TIONS TO MAP RELATING TO read a third time, was read the third Speaker, further reserving my right to object, COASTAL BARRIER RESOURCES time, and passed, and a motion to re- this bill would authorize a minor map correc- SYSTEM consider was laid on the table. tion to change the boundaries of an otherwise Mr. SAXTON. Mr. Speaker, I ask f protected area (OPA) to make these bound- unanimous consent that the Com- aries coterminous with the boundaries of a mittee on Resources be discharged DIRECTING SECRETARY OF INTE- State park. This correction would exclude 14 from further consideration of the Sen- RIOR TO MAKE TECHNICAL COR- acres of private land from the OPA. ate bill (S. 574) to direct the Secretary RECTIONS TO MAP RELATING TO The Committee on Resources has thor- of the Interior to make corrections to COASTAL BARRIER RESOURCES oughly reviewed the underlying justification for a map relating to the Coastal Barrier SYSTEM this map correction and has worked closely Resources System, and ask for its im- Mr. SAXTON. Mr. Speaker, I ask with the Fish and Wildlife Service throughout. mediate consideration in the House. unanimous consent that the Com- The Committee has found nothing to prove The Clerk read the title of the Senate mittee on Resources be discharged conclusively that Congress intended to include bill. from further consideration of the bill private lands abutting the boundaries of the The SPEAKER pro tempore. Is there (H.R. 34) to direct the Secretary of the State park when it created this OPA in 1990. objection to the request of the gen- Interior to make technical corrections Also, there is reasonable doubt that these pri- tleman from New Jersey?

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30745 Mr. GEORGE MILLER of California. a subtitle to H.R. 1431, a comprehensive bill Coastal Barrier Resources System as Mr. Speaker, reserving the right to ob- to reauthorize the Coast Barrier Resources the ‘‘John H. Chafee Coastal Barrier ject, I do so for the purpose of asking Act. Due to time constraints, the Senate was Resources System,’’ and ask for its im- the gentleman from New Jersey to ex- not able to pass its own comprehensive reau- mediate consideration in the House. plain his unanimous consent request. thorization bill. The Clerk read the title of the Senate Mr. Speaker, I yield to the gentleman Therefore, in order to expedite the legisla- bill. from New Jersey (Mr. SAXTON). tive process and make sure Barcroft Corpora- The SPEAKER pro tempore. Is there Mr. SAXTON. Mr. Speaker, S. 574 is a tion and the residents of Cape Shores can ob- objection to the request of the gen- second correction to the Coastal Bar- tain affordable flood insurance before winter tleman from New Jersey? rier Resources System. In this case, storms strike Delaware, it is essential that we Mr. GEORGE MILLER of California. the proposed change is to a unit affect- pass this legislation before the session ends. Mr. Speaker, reserving the right to ob- ing the Cape Henlopen State Park in I want to thank the Resources Committee ject, I take this time for the purpose of Delaware. Chairman, DON YOUNG; the Resources Fish- asking the gentleman from New Jersey This modification will remove ap- eries Subcommittee Chairman, JIM SAXTON; for an explanation of his unanimous proximately 32 acres of this privately and their staff for their tremendous efforts on consent request. owned land that lies outside of the this bill. The citizens of Delaware truly appre- Mr. Speaker, I yield to the gentleman State park. This property was incor- ciate your assistance not just because it pro- from New Jersey (Mr. SAXTON). rectly incorporated within the unit, vides relief for Barcroft and Cape Shores, but Mr. SAXTON. Mr. Speaker, finally, and it is appropriate to properly adjust also because it extends the protection of the we are considering S. 1866, the John H. the boundaries of DE–03P. Further- Coastal Barrier Resources System to 245 ad- Chafee Coastal Barrier Resources Sys- more, this legislation adds approxi- ditional acres in Cape Henlopen State Park. tem Act. The late Senator John Chafee mately 245 acres of State park land I commend your work and urge my col- was instrumental in the creation of that was inadvertently left out of the leagues to support this bill. this program in 1982, and he remained otherwise protected area in 1990. There- Mr. Speaker, I withdraw my reserva- one of the program’s biggest supporters fore, the net effect of these boundary tion of objection. up until his untimely death earlier this adjustments is to add some 213 acres to The SPEAKER pro tempore. Is there year. the Coastal Barrier Resources System. objection to the request of the gen- The late Senator Chafee, in his role Mr. Speaker, the House version of tleman from New Jersey? as ranking member and later chairman this legislation was the subject of a There was no objection. of the Senate Environment and Public subcommittee hearing. It was carefully The Clerk read the Senate bill, as fol- Works Committee, was a guardian of considered by the full Committee on lows: this System’s integrity, and worked Resources. It was adopted by the House S. 574 tirelessly to prevent any unnecessary of Representatives with the passage of Be it enacted by the Senate and House of Rep- encroachment into the System. H.R. 1431. resentatives of the United States of America in Senator Chafee served the people of In addition, the other body unani- Congress assembled, Rhode Island with great distinction for mously adopted S. 574 as introduced by SECTION 1. CORRECTIONS TO MAP. over 20 years. It is a fitting tribute to Senator BIDEN of Delaware on April 22. (a) IN GENERAL.—Not later than 30 days his name to name the Coastal Barrier During our hearing, the administrative after the date of enactment of this Act, the Resources System in his honor. I urge witnesses testified that the ‘‘modifica- Secretary of the Interior shall make such my colleagues to vote aye on this tion of the boundary constitutes a corrections to the map described in sub- measure. section (b) as are necessary to move on that Mr. GEORGE MILLER of California. Mr. valid technical correction that con- map the boundary of the otherwise protected forms to the boundaries of the OPA to area (as defined in section 12 of the Coastal Speaker, further reserving my right to object, the boundaries of the State park, Barrier Improvement Act of 1990 (16 U.S.C. with the recent passing of Senator John H. which the U.S. Fish and Wildlife Serv- 3503 note; Public Law 101–591)) to the Cape Chafee, Congress has lost a compassionate ice and the Department supports.’’ Henlopen State Park boundary to the extent and persuasive advocate for the protection Mr. Speaker, I urge an aye vote. necessary— and conservation of our Nation’s natural herit- Mr. GEORGE MILLER of California. Mr. (1) to exclude from the otherwise protected age. Senator Chafee’s many legislative con- Speaker, further reserving my right to object, area the adjacent property leased, as of the tributions, including his leadership in author- date of enactment of this Act, by the izing and improving keystone environmental this bill has been thoroughly reviewed by the Barcroft Company and Cape Shores Associ- Committee on Resources. The technical cor- ates (which are privately held corporations legislation such as the Clean Water Act, the rections contained in this bill are legitimate, under the law of the State of Delaware); and Clean Air Act, and the Endangered Species non-controversial, and supported by the Ad- (2) to include in the otherwise protected Act to only name a few, leave a legacy of ac- ministration. area the northwestern corner of Cape Hen- complishment that is both daunting and admi- I am especially pleased that this legislation lopen State Park seaward of the Lewes and rable. As many people know, Senator Chafee would add an additional 213 acres of land Rehoboth Canal. deeply loved the coastal barrier beaches and within Cape Henlopen State Park to the (b) MAP DESCRIBED.—The map described in islands of his beloved Ocean State. Perhaps this subsection is the map that is included in Coastal Barrier Resource System. I support a set of maps entitled ‘‘Coastal Barrier Re- this lifelong affection explains why Senator this bill and I urge an ‘‘aye’’ vote. sources System’’, dated October 24, 1990, as Chafee worked so tirelessly to create the Mr. CASTLE. Mr. Speaker, I rise in strong revised October 15, 1992, and that relates to Coastal Barrier Resource System in 1982, and support of S. 574, a bill to correct the bound- the unit of the Coastal Barrier Resources why he fought so strenuously to protect it in ary of the Coastal Barrier Resources System System entitled ‘‘Cape Henlopen Unit DE– the intervening years. Map in Lewes, Delaware. 03P’’. If there really is a way to pay tribute to this Back in 1990, when the U.S. Fish and Wild- The Senate bill was ordered to be modest and self-effacing man, I can think of life Service was drawing the boundary for this read a third time, was read the third no better testimonial than to re-name the map, the service inadvertently included the time, and passed, and a motion to re- Coastal Barrier Resources System in his Cape Shores Development and the Barcroft consider was laid on the table. honor. It will serve as a lasting tribute to the Corporation in the system. The Fish and Wild- f man, and a reminder to us all of the important life Service had intended to follow the bound- work that still remains unfinished in order to ary of Cape Henlopen State Park, but followed JOHN H. CHAFEE COASTAL BAR- protect our Nation’s environment. I support the wrong line on the map. As a result, this RIER RESOURCES SYSTEM ACT this bill and urge all Members to vote for it. has made it difficult for Barcroft and the home- Mr. SAXTON. Mr. Speaker, I ask Mr. Speaker, I withdraw my reserva- owners in Cape Shores to obtain affordable unanimous consent that the Com- tion of objection. flood insurance. mittee on Resources be discharged The SPEAKER pro tempore. Is there This summer, the House passed an iden- from further consideration of the Sen- objection to the request of the gen- tical bill introduced to correct this problem as ate bill (S. 1866) to redesignate the tleman from New Jersey?

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30746 CONGRESSIONAL RECORD—HOUSE November 18, 1999 There was no objection. ed by striking ‘‘Coastal Barrier Resources Senate as a foster parent and who has The Clerk read the Senate bill, as fol- System’’ and inserting ‘‘System’’. been instrumental in securing passage lows: (5) Section 10(c)(2)(B)(i) of the Coastal Bar- of this legislation. Indeed, we would Be it enacted by the Senate and House of Rep- rier Improvement Act of 1990 (12 U.S.C. not be here today without his help. resentatives of the United States of America in 1441a–3(c)(2)(B)(i)) is amended by striking We have been working with our col- Congress assembled, ‘‘Coastal Barrier Resources System’’ and in- serting ‘‘John H. Chafee Coastal Barrier Re- leagues in the other body over the last SECTION 1. SHORT TITLE. several days to resolve differences and This Act may be cited as the ‘‘John H. sources System’’. Chafee Coastal Barrier Resources System (6) Section 12(5) of the Coastal Barrier Im- have agreed upon the version of the bill Act’’. provement Act of 1990 (16 U.S.C. 3503 note; before us. H.R. 3443 represents that SEC. 2. FINDINGS. Public Law 101–591) is amended by striking consensus text. I want to especially ac- Congress finds that— ‘‘Coastal Barrier Resources System’’ and in- knowledge the work of Senators LOTT, (1) during the past 2 decades, Senator John serting ‘‘John H. Chafee Coastal Barrier Re- ROTH, GRASSLEY, NICKLES, MOYNIHAN, H. Chafee was a leading voice for the protec- sources System’’. and ROCKEFELLER on this bill. tion of the environment and the conserva- (7) Section 1321 of the National Flood In- Since the House is expected to con- tion of the natural resources of the United surance Act of 1968 (42 U.S.C. 4028) is amend- clude its business shortly, we are tak- States; ed— (A) by striking the section heading and in- ing this action in order to expedite (2) Senator Chafee served on the Environ- consideration in the other body and ment and Public Works Committee of the serting the following: ‘‘JOHN H. CHAFEE COASTAL BARRIER RESOURCES move the bill to the President’s desk. Senate for 22 years, influencing every major This bill will provide, for the first piece of environmental legislation enacted SYSTEM’’; time, realistic support for our most un- during that time; and (3) Senator Chafee led the fight for clean (B) by striking ‘‘Coastal Barrier Resources fortunate children, those who have air, clean water, safe drinking water, and System’’ each place it appears and inserting been in foster care for many years and cleanup of toxic wastes, and for strength- ‘‘John H. Chafee Coastal Barrier Resources who reach adulthood essentially alone. ening of the National Wildlife Refuge Sys- System’’. Unfortunately, research shows that tem and protections for endangered species The Senate bill was ordered to be these children have terribly high levels and their habitats; read a third time, was read the third of unemployment, mental illness, (4) millions of people of the United States school failure, teen pregnancy, and breathe cleaner air, drink cleaner water, and time, and passed, and a motion to re- enjoy more plentiful outdoor recreation op- consider was laid on the table. homelessness, and are frequently the victims or predators of crime. These portunities because of the work of Senator f Chafee; young Americans need our help to have (5) in 1982, Senator Chafee authored and FOSTER CARE INDEPENDENCE ACT the opportunity in life that all Ameri- succeeded in enacting into law the Coastal OF 1999 cans dream of. Barrier Resources Act (16 U.S.C. 3501 et seq.) Mrs. JOHNSON of Connecticut. Mr. This bill contains only nine changes to minimize loss of human life, wasteful ex- Speaker, I ask unanimous consent that from the original legislation, all of penditure of Federal revenues, and damage them minor. to fish, wildlife, and other natural resources the Committee on Ways and Means and the Committee on Commerce be dis- I close by commending the other associated with the coastal barriers along body for commemorating the life of the charged from further consideration of the Atlantic and Gulf Coasts; and great Senator, the life and work of the (6) to reflect the invaluable national con- the bill (H.R. 3443) to amend part E of great Senator from Rhode Island, the tributions made by Senator Chafee during title IV of the Social Security Act to incomparable John Chafee. Senator his service in the Senate, the Coastal Barrier provide States with more funding and Chafee was a wonderful friend to many Resources System should be named in his greater flexibility in carrying out pro- of us here in this House and a diligent honor. grams designed to help children make SEC. 3. REDESIGNATION OF COASTAL BARRIER worker for children. He was full of en- the transition from foster care to self- RESOURCES SYSTEM IN HONOR OF thusiasm for this legislation and sufficiency, and for other purposes. JOHN H. CHAFEE. worked tirelessly to secure its progress (a) IN GENERAL.—The Coastal Barrier Re- The Clerk read the title of the bill. through his committee, looking toward sources System established by section 4(a) of The SPEAKER pro tempore. Is there the Coastal Barrier Resources Act (16 U.S.C. its passage in the Senate. In fact, we objection to the request of the gentle- have been told that his last actions as 3503(a)) is redesignated as the ‘‘John H. woman from Connecticut? Chafee Coastal Barrier Resources System’’. a United States Senator were to lobby Mr. CARDIN. Mr. Speaker, reserving (b) REFERENCES.—Any reference in a law, for this bill. Thus, it is highly fitting map, regulation, document, paper, or other the right to object, I ask the gentle- that we should rename this program record of the United States to the Coastal woman from Connecticut (Mrs. JOHN- the ‘‘John H. Chafee Foster Care Inde- Barrier Resources System shall be deemed to SON) to explain her request. pendence Program.’’ be a reference to the John H. Chafee Coastal Mr. Speaker, I yield to the gentle- Mr. CARDIN. Mr. Speaker, further Barrier Resources System. woman from Connecticut (Mrs. JOHN- (c) CONFORMING AMENDMENTS.— reserving my right to object, let me SON). (1) Section 2(b) of the Coastal Barrier Re- quickly point out how pleased I am sources Act (16 U.S.C. 3501(b)) is amended by Mrs. JOHNSON of Connecticut. Mr. that we were able to reach a bipartisan striking ‘‘a Coastal Barrier Resources Sys- Speaker, I thank the gentleman for agreement and get this legislation tem’’ and inserting ‘‘the John H. Chafee yielding to me under his reservation. moving, the Foster Care Independence Coastal Barrier Resources System’’. Mr. Speaker, my colleagues may re- Act. This represents a real victory for (2) Section 3 of the Coastal Barrier Re- call that the House acted on the Inde- the 20,000 children who age out of fos- sources Act (16 U.S.C. 3502) is amended by pendent Living bill, H.R. 1802, in June striking ‘‘Coastal Barrier Resources Sys- ter care every year. and approved it overwhelmingly by a I want to especially congratulate the tem’’ each place it appears and inserting vote of 380 to 6. Every provision of this ‘‘John H. Chafee Coastal Barrier Resources gentlewoman from Connecticut (Mrs. System’’. bill has been developed and written on JOHNSON), chair of the Subcommittee (3) Section 4 of the Coastal Barrier Re- a bipartisan basis. In this regard, I on Human Resources, for the steadfast sources Act (16 U.S.C. 3503) is amended— want to once again thank the gen- dedication to helping children and her (A) in the section heading, by striking tleman from Maryland (Mr. CARDIN) for incredible work with the other body so ‘‘COASTAL BARRIER RESOURCES SYSTEM’’ his exceptionally capable work on this that we, in fact, could accomplish this and inserting ‘‘JOHN H. CHAFEE COASTAL legislation. legislation before we adjourn sine die. BARRIER RESOURCES SYSTEM’’; and I also want to thank the administra- I would also like to express my ap- (B) in subsection (a), by striking ‘‘the tion, especially Secretary Shalala, for Coastal Barrier Resources System’’ and in- preciation to the Clinton administra- serting ‘‘the John H. Chafee Coastal Barrier their timely help with this legislation. tion for their help in drafting this leg- Resources System’’. In addition, I thank the gentleman islation. (4) Section 10(c)(2) of the Coastal Barrier from Texas (Mr. DELAY), the Majority Mr. Speaker, although we are acting Resources Act (16 U.S.C. 3509(c)(2)) is amend- Whip, who testified in the House and on this bill, H.R. 3443, it started as H.R.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30747 671 back in February of this year and Sec. 205. Treatment of assets held in trust (5) The Nation’s State and local govern- became H.R. 1802 in the work of our under the SSI program. ments, with financial support from the Fed- subcommittee. Sec. 206. Disposal of resources for less than eral Government, should offer an extensive fair market value under the SSI I finally want to also acknowledge program of education, training, employment, program. and financial support for young adults leav- the fine work of our staff Ron Haskins Sec. 207. Administrative procedure for im- ing foster care, with participation in such and Nick Wynn in the Committee on posing penalties for false or program beginning several years before high Ways and Means, the work that they misleading statements. school graduation and continuing, as needed, have done. Sec. 208. Exclusion of representatives and until the young adults emancipated from fos- I also want to join in recognizing health care providers convicted ter care establish independence or reach 21 Senator John Chafee for the work that of violations from participation years of age. in social security programs. he did in regards to this bill along with (b) IMPROVED INDEPENDENT LIVING PRO- Sec. 209. State data exchanges. GRAM.—Section 477 of the Social Security Senator ROCKEFELLER. He and Senator Sec. 210. Study on possible measures to im- Act (42 U.S.C. 677) is amended to read as fol- Chafee were incredible in seeing this prove fraud prevention and ad- lows: legislation pass. ministrative processing. Sec. 211. Annual report on amounts nec- ‘‘SEC. 477. JOHN H. CHAFEE FOSTER CARE INDE- Senator Chafee’s untimely death is a PENDENCE PROGRAM. loss to all of us. Senator Chafee’s essary to combat fraud. Sec. 212. Computer matches with Medicare ‘‘(a) PURPOSE.—The purpose of this section unyielding commitment to improving and Medicaid institutionaliza- is to provide States with flexible funding the well being of all children and his tion data. that will enable programs to be designed and willingness to reach beyond party and Sec. 213. Access to information held by fi- conducted— ideology will sorely be missed. nancial institutions. ‘‘(1) to identify children who are likely to remain in foster care until 18 years of age Mr. Speaker, this legislation is very Subtitle B—Benefits For Certain World War and to help these children make the transi- II Veterans important. As I indicated earlier, it is tion to self-sufficiency by providing services commitment by this body and by the Sec. 251. Establishment of program of spe- such as assistance in obtaining a high school Congress to say to children aging out cial benefits for certain World diploma, career exploration, vocational of foster care that they are not going War II veterans. training, job placement and retention, train- to be lost at the age of 18. Subtitle C—Study ing in daily living skills, training in budg- Mr. Speaker, I withdraw my reserva- Sec. 261. Study of denial of SSI benefits for eting and financial management skills, sub- tion of objection. family farmers. stance abuse prevention, and preventive The SPEAKER pro tempore. Is there TITLE III—CHILD SUPPORT health activities (including smoking avoid- objection to the request of the gentle- Sec. 301. Narrowing of hold harmless provi- ance, nutrition education, and pregnancy sion for State share of distribu- prevention); woman from Connecticut? ‘‘(2) to help children who are likely to re- There was no objection. tion of collected child support. TITLE IV—TECHNICAL CORRECTIONS main in foster care until 18 years of age re- The Clerk read the bill, as follows: ceive the education, training, and services H.R. 3443 Sec. 401. Technical corrections relating to necessary to obtain employment; amendments made by the Per- ‘‘(3) to help children who are likely to re- Be it enacted by the Senate and House of Rep- sonal Responsibility and Work resentatives of the United States of America in main in foster care until 18 years of age pre- Opportunity Reconciliation Act pare for and enter postsecondary training Congress assembled, of 1996. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and education institutions; TITLE I—IMPROVED INDEPENDENT ‘‘(4) to provide personal and emotional sup- (a) SHORT TITLE.—This Act may be cited as LIVING PROGRAM the ‘‘Foster Care Independence Act of 1999’’. port to children aging out of foster care, Subtitle A—Improved Independent Living (b) TABLE OF CONTENTS.—The table of con- through mentors and the promotion of inter- tents of this Act is as follows: Program actions with dedicated adults; and ‘‘(5) to provide financial, housing, coun- Sec. 1. Short title; table of contents. SEC. 101. IMPROVED INDEPENDENT LIVING PRO- GRAM. seling, employment, education, and other ap- TITLE I—IMPROVED INDEPENDENT (a) FINDINGS.—The Congress finds the fol- propriate support and services to former fos- LIVING PROGRAM lowing: ter care recipients between 18 and 21 years of Subtitle A—Improved Independent Living (1) States are required to make reasonable age to complement their own efforts to Program efforts to find adoptive families for all chil- achieve self-sufficiency and to assure that Sec. 101. Improved independent living pro- dren, including older children, for whom re- program participants recognize and accept gram. unification with their biological family is their personal responsibility for preparing not in the best interests of the child. How- Subtitle B—Related Foster Care Provision for and then making the transition from ado- ever, some older children will continue to lescence to adulthood. Sec. 111. Increase in amount of assets allow- live in foster care. These children should be ‘‘(b) APPLICATIONS.— able for children in foster care. enrolled in an Independent Living program ‘‘(1) IN GENERAL.—A State may apply for Sec. 112. Preparation of foster parents to designed and conducted by State and local funds from its allotment under subsection (c) provide for the needs of chil- government to help prepare them for em- for a period of five consecutive fiscal years dren in State care. ployment, postsecondary education, and suc- by submitting to the Secretary, in writing, a Subtitle C—Medicaid Amendments cessful management of adult responsibilities. plan that meets the requirements of para- Sec. 121. State option of Medicaid coverage (2) Older children who continue to be in graph (2) and the certifications required by for adolescents leaving foster foster care as adolescents may become eligi- paragraph (3) with respect to the plan. care. ble for Independent Living programs. These ‘‘(2) STATE PLAN.—A plan meets the re- Subtitle D—Adoption Incentive Payments Independent Living programs are not an al- quirements of this paragraph if the plan ternative to adoption for these children. En- specifies which State agency or agencies will Sec. 131. Increased funding for adoption in- rollment in Independent Living programs administer, supervise, or oversee the pro- centive payments. can occur concurrent with continued efforts grams carried out under the plan, and de- TITLE II—SSI FRAUD PREVENTION to locate and achieve placement in adoptive scribes how the State intends to do the fol- Subtitle A—Fraud Prevention and Related families for older children in foster care. lowing: Provisions (3) About 20,000 adolescents leave the Na- ‘‘(A) Design and deliver programs to Sec. 201. Liability of representative payees tion’s foster care system each year because achieve the purposes of this section. for overpayments to deceased they have reached 18 years of age and are ex- ‘‘(B) Ensure that all political subdivisions recipients. pected to support themselves. in the State are served by the program, Sec. 202. Recovery of overpayments of SSI (4) Congress has received extensive infor- though not necessarily in a uniform manner. benefits from lump sum SSI mation that adolescents leaving foster care ‘‘(C) Ensure that the programs serve chil- benefit payments. have significant difficulty making a success- dren of various ages and at various stages of Sec. 203. Additional debt collection prac- ful transition to adulthood; this information achieving independence. tices. shows that children aging out of foster care ‘‘(D) Involve the public and private sectors Sec. 204. Requirement to provide State pris- show high rates of homelessness, non-mar- in helping adolescents in foster care achieve oner information to Federal ital childbearing, poverty, and delinquent or independence. and federally assisted benefit criminal behavior; they are also frequently ‘‘(E) Use objective criteria for determining programs. the target of crime and physical assaults. eligibility for benefits and services under the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.003 H18NO9 30748 CONGRESSIONAL RECORD—HOUSE November 18, 1999 programs, and for ensuring fair and equitable dures to prevent fraud and abuse in the pro- audit conducted under chapter 75 of title 31, treatment of benefit recipients. grams carried out under the plan. United States Code, or by any other means, ‘‘(F) Cooperate in national evaluations of ‘‘(4) APPROVAL.—The Secretary shall ap- that a program receiving funds from an al- the effects of the programs in achieving the prove an application submitted by a State lotment made to a State under subsection (c) purposes of this section. pursuant to paragraph (1) for a period if— has been operated in a manner that is incon- ‘‘(3) CERTIFICATIONS.—The certifications re- ‘‘(A) the application is submitted on or be- sistent with, or not disclosed in the State ap- quired by this paragraph with respect to a fore June 30 of the calendar year in which plication approved under subsection (b), the plan are the following: such period begins; and Secretary shall assess a penalty against the ‘‘(A) A certification by the chief executive ‘‘(B) the Secretary finds that the applica- State in an amount equal to not less than 1 officer of the State that the State will pro- tion contains the material required by para- percent and not more than 5 percent of the vide assistance and services to children who graph (1). amount of the allotment. have left foster care because they have at- ‘‘(5) AUTHORITY TO IMPLEMENT CERTAIN ‘‘(2) FAILURE TO COMPLY WITH DATA REPORT- tained 18 years of age, and who have not at- AMENDMENTS; NOTIFICATION.—A State with an ING REQUIREMENT.—The Secretary shall as- tained 21 years of age. application approved under paragraph (4) sess a penalty against a State that fails dur- ‘‘(B) A certification by the chief executive may implement any amendment to the plan ing a fiscal year to comply with an informa- officer of the State that not more than 30 contained in the application if the applica- tion collection plan implemented under sub- percent of the amounts paid to the State tion, incorporating the amendment, would be section (f) in an amount equal to not less from its allotment under subsection (c) for a approvable under paragraph (4). Within 30 than 1 percent and not more than 5 percent fiscal year will be expended for room or days after a State implements any such of the amount allotted to the State for the board for children who have left foster care amendment, the State shall notify the Sec- fiscal year. because they have attained 18 years of age, retary of the amendment. ‘‘(3) PENALTIES BASED ON DEGREE OF NON- and who have not attained 21 years of age. ‘‘(6) AVAILABILITY.—The State shall make COMPLIANCE.—The Secretary shall assess ‘‘(C) A certification by the chief executive available to the public any application sub- penalties under this subsection based on the officer of the State that none of the amounts mitted by the State pursuant to paragraph degree of noncompliance. paid to the State from its allotment under (1), and a brief summary of the plan con- ‘‘(f) DATA COLLECTION AND PERFORMANCE subsection (c) will be expended for room or tained in the application. MEASUREMENT.— board for any child who has not attained 18 ‘‘(c) ALLOTMENTS TO STATES.— ‘‘(1) IN GENERAL.—The Secretary, in con- N GENERAL sultation with State and local public offi- years of age. ‘‘(1) I .—From the amount speci- fied in subsection (h) that remains after ap- cials responsible for administering inde- ‘‘(D) A certification by the chief executive plying subsection (g)(2) for a fiscal year, the pendent living and other child welfare pro- officer of the State that the State will use Secretary shall allot to each State with an grams, child welfare advocates, members of training funds provided under the program of application approved under subsection (b) for Congress, youth service providers, and re- Federal payments for foster care and adop- the fiscal year the amount which bears the searchers, shall— tion assistance to provide training to help same ratio to such remaining amount as the ‘‘(A) develop outcome measures (including foster parents, adoptive parents, workers in number of children in foster care under a measures of educational attainment, high group homes, and case managers understand program of the State in the most recent fis- school diploma, employment, avoidance of and address the issues confronting adoles- cal year for which such information is avail- dependency, homelessness, nonmarital child- cents preparing for independent living, and able bears to the total number of children in birth, incarceration, and high-risk behav- will, to the extent possible, coordinate such foster care in all States for such most recent iors) that can be used to assess the perform- training with the independent living pro- fiscal year, as adjusted in accordance with ance of States in operating independent liv- gram conducted for adolescents. paragraph (2). ing programs; ‘‘(E) A certification by the chief executive ‘‘(2) HOLD HARMLESS PROVISION.— ‘‘(B) identify data elements needed to officer of the State that the State has con- ‘‘(A) IN GENERAL.—The Secretary shall track— sulted widely with public and private organi- allot to each State whose allotment for a fis- ‘‘(i) the number and characteristics of chil- zations in developing the plan and that the cal year under paragraph (1) is less than the dren receiving services under this section; State has given all interested members of greater of $500,000 or the amount payable to ‘‘(ii) the type and quantity of services the public at least 30 days to submit com- the State under this section for fiscal year being provided; and ments on the plan. 1998, an additional amount equal to the dif- ‘‘(iii) State performance on the outcome ‘‘(F) A certification by the chief executive ference between such allotment and such measures; and officer of the State that the State will make greater amount. ‘‘(C) develop and implement a plan to col- every effort to coordinate the State pro- ‘‘(B) RATABLE REDUCTION OF CERTAIN AL- lect the needed information beginning with grams receiving funds provided from an al- LOTMENTS.—In the case of a State not de- the second fiscal year beginning after the lotment made to the State under subsection scribed in subparagraph (A) of this paragraph date of the enactment of this section. (c) with other Federal and State programs for a fiscal year, the Secretary shall reduce ‘‘(2) REPORT TO THE CONGRESS.—Within 12 for youth (especially transitional living the amount allotted to the State for the fis- months after the date of the enactment of youth projects funded under part B of title cal year under paragraph (1) by the amount this section, the Secretary shall submit to III of the Juvenile Justice and Delinquency that bears the same ratio to the sum of the the Committee on Ways and Means of the Prevention Act of 1974), abstinence education differences determined under subparagraph House of Representatives and the Committee programs, local housing programs, programs (A) of this paragraph for the fiscal year as on Finance of the Senate a report detailing for disabled youth (especially sheltered the excess of the amount so allotted over the the plans and timetable for collecting from workshops), and school-to-work programs of- greater of $500,000 or the amount payable to the States the information described in para- fered by high schools or local workforce the State under this section for fiscal year graph (1) and a proposal to impose penalties agencies. 1998 bears to the sum of such excess amounts consistent with paragraph (e)(2) on States ‘‘(G) A certification by the chief executive determined for all such States. that do not report data. officer of the State that each Indian tribe in ‘‘(d) USE OF FUNDS.— ‘‘(g) EVALUATIONS.— the State has been consulted about the pro- ‘‘(1) IN GENERAL.—A State to which an ‘‘(1) IN GENERAL.—The Secretary shall con- grams to be carried out under the plan; that amount is paid from its allotment under sub- duct evaluations of such State programs there have been efforts to coordinate the section (c) may use the amount in any man- funded under this section as the Secretary programs with such tribes; and that benefits ner that is reasonably calculated to accom- deems to be innovative or of potential na- and services under the programs will be plish the purposes of this section. tional significance. The evaluation of any made available to Indian children in the ‘‘(2) NO SUPPLANTATION OF OTHER FUNDS such program shall include information on State on the same basis as to other children AVAILABLE FOR SAME GENERAL PURPOSES.— the effects of the program on education, em- in the State. The amounts paid to a State from its allot- ployment, and personal development. To the ‘‘(H) A certification by the chief executive ment under subsection (c) shall be used to maximum extent practicable, the evalua- officer of the State that the State will en- supplement and not supplant any other funds tions shall be based on rigorous scientific sure that adolescents participating in the which are available for the same general pur- standards including random assignment to program under this section participate di- poses in the State. treatment and control groups. The Secretary rectly in designing their own program activi- ‘‘(3) TWO-YEAR AVAILABILITY OF FUNDS.— is encouraged to work directly with State ties that prepare them for independent living Payments made to a State under this section and local governments to design methods for and that the adolescents accept personal re- for a fiscal year shall be expended by the conducting the evaluations, directly or by sponsibility for living up to their part of the State in the fiscal year or in the succeeding grant, contract, or cooperative agreement. program. fiscal year. ‘‘(2) FUNDING OF EVALUATIONS.—The Sec- ‘‘(I) A certification by the chief executive ‘‘(e) PENALTIES.— retary shall reserve 1.5 percent of the officer of the State that the State has estab- ‘‘(1) USE OF GRANT IN VIOLATION OF THIS amount specified in subsection (h) for a fis- lished and will enforce standards and proce- PART.—If the Secretary is made aware, by an cal year to carry out, during the fiscal year,

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evaluation, technical assistance, perform- (b) EFFECTIVE DATE.—The amendments Subtitle D—Adoption Incentive Payments ance measurement, and data collection ac- made by subsection (a) shall take effect on SEC. 131. INCREASED FUNDING FOR ADOPTION tivities related to this section, directly or October 1, 1999. INCENTIVE PAYMENTS. through grants, contracts, or cooperative (a) SUPPLEMENTAL GRANTS.—Section 473A Subtitle C—Medicaid Amendments agreements with appropriate entities. of the Social Security Act (42 U.S.C. 673b) is ‘‘(h) LIMITATIONS ON AUTHORIZATION OF AP- SEC. 121. STATE OPTION OF MEDICAID COV- amended by adding at the end the following: PROPRIATIONS.—To carry out this section and ERAGE FOR ADOLESCENTS LEAVING ‘‘(j) SUPPLEMENTAL GRANTS.— for payments to States under section FOSTER CARE. ‘‘(1) IN GENERAL.—Subject to the avail- 474(a)(4), there are authorized to be appro- ability of such amounts as may be provided (a) IN GENERAL.—Subject to subsection (c), priated to the Secretary $140,000,000 for each title XIX of the Social Security Act is in advance in appropriations Acts, in addi- fiscal year.’’. amended— tion to any amount otherwise payable under (c) PAYMENTS TO STATES.—Section 474(a)(4) (1) in section 1902(a)(10)(A)(ii) (42 U.S.C. this section to any State that is an incen- of such Act (42 U.S.C. 674(a)(4)) is amended to 1396a(a)(10)(A)(ii))— tive-eligible State for fiscal year 1998, the read as follows: (A) by striking ‘‘or’’ at the end of sub- Secretary shall make a grant to the State in ‘‘(4) the lesser of— clause (XIII); an amount equal to the lesser of— ‘‘(A) 80 percent of the amount (if any) by (B) by adding ‘‘or’’ at the end of subclause ‘‘(A) the amount by which— which— (XIV); and ‘‘(i) the amount that would have been pay- ‘‘(i) the total amount expended by the (C) by adding at the end the following new able to the State under this section during State during the fiscal year in which the subclause: fiscal year 1999 (on the basis of adoptions in quarter occurs to carry out programs in ac- ‘‘(XV) who are independent foster care ado- fiscal year 1998) in the absence of subsection cordance with the State application ap- lescents (as defined in (section 1905(v)(1)), or (d)(2) if sufficient funds had been available proved under section 477(b) for the period in who are within any reasonable categories of for the payment; exceeds which the quarter occurs (including any such adolescents specified by the State;’’; ‘‘(ii) the amount that, before the enact- amendment that meets the requirements of and ment of this subsection, was payable to the section 477(b)(5)); exceeds (2) by adding at the end of section 1905 (42 State under this section during fiscal year ‘‘(ii) the total amount of any penalties as- U.S.C. 1396d) the following new subsection: 1999 (on such basis); or sessed against the State under section 477(e) ‘‘(B) the amount that bears the same ratio during the fiscal year in which the quarter ‘‘(v)(1) For purposes of this title, the term to the dollar amount specified in paragraph occurs; or ‘independent foster care adolescent’ means (2) as the amount described by subparagraph ‘‘(B) the amount allotted to the State an individual— (A) for the State bears to the aggregate of under section 477 for the fiscal year in which ‘‘(A) who is under 21 years of age; the amounts described by subparagraph (A) the quarter occurs, reduced by the total of ‘‘(B) who, on the individual’s 18th birthday, for all States that are incentive-eligible the amounts payable to the State under this was in foster care under the responsibility of States for fiscal year 1998. paragraph for all prior quarters in the fiscal a State; and ‘‘(2) FUNDING.—$23,000,000 of the amounts year.’’. ‘‘(C) whose assets, resources, and income appropriated under subsection (h)(1) for fis- (d) REGULATIONS.—Not later than 12 do not exceed such levels (if any) as the cal year 2000 may be used for grants under months after the date of the enactment of State may establish consistent with para- paragraph (1) of this subsection.’’. this Act, the Secretary of Health and Human graph (2). (b) LIMITATION ON AUTHORIZATION OF AP- Services shall issue such regulations as may ‘‘(2) The levels established by a State PROPRIATIONS.—Section 473A(h)(1) of the So- be necessary to carry out the amendments under paragraph (1)(C) may not be less than cial Security Act (42 U.S.C. 673b(h)(1)) is made by this section. the corresponding levels applied by the State amended to read as follows: (e) SENSE OF THE CONGRESS.—It is the sense under section 1931(b). ‘‘(1) IN GENERAL.—For grants under sub- of the Congress that States should provide section (a), there are authorized to be appro- ‘‘(3) A State may limit the eligibility of medical assistance under the State plan ap- priated to the Secretary— independent foster care adolescents under proved under title XIX of the Social Security ‘‘(A) $20,000,000 for fiscal year 1999; section 1902(a)(10)(A)(ii)(XV) to those indi- Act to 18-, 19-, and 20-year-olds who have ‘‘(B) $43,000,000 for fiscal year 2000; and viduals with respect to whom foster care been emancipated from foster care. ‘‘(C) $20,000,000 for each of fiscal years 2001 maintenance payments or independent living through 2003.’’. Subtitle B—Related Foster Care Provision services were furnished under a program SEC. 111. INCREASE IN AMOUNT OF ASSETS AL- funded under part E of title IV before the TITLE II—SSI FRAUD PREVENTION LOWABLE FOR CHILDREN IN FOS- date the individuals attained 18 years of Subtitle A—Fraud Prevention and Related TER CARE. age.’’. Provisions Section 472(a) of the Social Security Act SEC. 201. LIABILITY OF REPRESENTATIVE PAY- (42 U.S.C. 672(a)) is amended by adding at the (b) EFFECTIVE DATE.—The amendments made by subsection (a) apply to medical as- EES FOR OVERPAYMENTS TO DE- end the following: ‘‘In determining whether a CEASED RECIPIENTS. sistance for items and services furnished on child would have received aid under a State (a) AMENDMENT TO TITLE II.—Section or after October 1, 1999. plan approved under section 402 (as in effect 204(a)(2) of the Social Security Act (42 U.S.C. on July 16, 1996), a child whose resources (de- (c) CONTINGENCY IN ENACTMENT.—If the 404(a)(2)) is amended by adding at the end the termined pursuant to section 402(a)(7)(B), as Ticket to Work and Work Incentives Im- following new sentence: ‘‘If any payment of so in effect) have a combined value of not provement Act of 1999 is enacted (whether more than the correct amount is made to a more than $10,000 shall be considered to be a before, on, or after the date of the enactment representative payee on behalf of an indi- child whose resources have a combined value of this Act)— vidual after the individual’s death, the rep- of not more than $1,000 (or such lower (1) the amendments made by that Act shall resentative payee shall be liable for the re- amount as the State may determine for pur- be executed as if this Act had been enacted payment of the overpayment, and the Com- poses of such section 402(a)(7)(B)).’’. after the enactment of such other Act; missioner of Social Security shall establish SEC. 112. PREPARATION OF FOSTER PARENTS TO (2) with respect to subsection (a)(1)(A) of an overpayment control record under the so- PROVIDE FOR THE NEEDS OF CHIL- this section, any reference to subclause cial security account number of the rep- DREN IN STATE CARE. (XIII) is deemed a reference to subclause resentative payee.’’. (a) STATE PLAN REQUIREMENT.—Section (XV); (b) AMENDMENT TO TITLE XVI.—Section 471(a) of the Social Security Act (42 U.S.C. (3) with respect to subsection (a)(1)(B) of 1631(b)(2) of such Act (42 U.S.C. 1383(b)(2)) is 671(a)) is amended— this section, any reference to subclause amended by adding at the end the following (1) by striking ‘‘and’’ at the end of para- (XIV) is deemed a reference to subclause new sentence: ‘‘If any payment of more than graph (22); (XVI); the correct amount is made to a representa- (2) by striking the period at the end of (4) the subclause (XV) added by subsection tive payee on behalf of an individual after paragraph (23) and inserting ‘‘; and’’; and (a)(1)(C) of this section— the individual’s death, the representative (3) by adding at the end the following: (A) is redesignated as subclause (XVII); and payee shall be liable for the repayment of ‘‘(24) include a certification that, before a (B) is amended by striking ‘‘section the overpayment, and the Commissioner of child in foster care under the responsibility 1905(v)(1)’’ and inserting ‘‘section 1905(w)(1)’’; Social Security shall establish an overpay- of the State is placed with prospective foster and ment control record under the social secu- parents, the prospective foster parents will (5) the subsection (v) added by subsection rity account number of the representative be prepared adequately with the appropriate (a)(2) of this section— payee.’’. knowledge and skills to provide for the needs (A) is redesignated as subsection (w); and (c) EFFECTIVE DATE.—The amendments of the child, and that such preparation will (B) is amended by striking made by this section shall apply to overpay- be continued, as necessary, after the place- ‘‘1902(a)(10)(A)(ii)(XV)’’ and inserting ments made 12 months or more after the ment of the child.’’. ‘‘1902(a)(10)(A)(ii)(XVII)’’. date of the enactment of this Act.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30750 CONGRESSIONAL RECORD—HOUSE November 18, 1999 SEC. 202. RECOVERY OF OVERPAYMENTS OF SSI trust (other than a trust described in para- (3) by adding at the end the following: BENEFITS FROM LUMP SUM SSI BEN- graph (5)) established by the individual. ‘‘(G) any earnings of, and additions to, the EFIT PAYMENTS. ‘‘(2)(A) For purposes of this subsection, an corpus of a trust established by an individual (a) IN GENERAL.—Section 1631(b)(1)(B)(ii) of individual shall be considered to have estab- (within the meaning of section 1613(e)), of the Social Security Act (42 U.S.C. lished a trust if any assets of the individual which the individual is a beneficiary, to 1383(b)(1)(B)(ii)) is amended— (or of the individual’s spouse) are transferred which section 1613(e) applies, and, in the case (1) by inserting ‘‘monthly’’ before ‘‘benefit to the trust other than by will. of an irrevocable trust, with respect to which payments’’; and ‘‘(B) In the case of an irrevocable trust to circumstances exist under which a payment (2) by inserting ‘‘and in the case of an indi- which are transferred the assets of an indi- from the earnings or additions could be made vidual or eligible spouse to whom a lump vidual (or of the individual’s spouse) and the to or for the benefit of the individual.’’. sum is payable under this title (including assets of any other person, this subsection (c) CONFORMING AMENDMENTS.—Section under section 1616(a) of this Act or under an shall apply to the portion of the trust attrib- 1902(a)(10) of the Social Security Act (42 agreement entered into under section 212(a) utable to the assets of the individual (or of U.S.C. 1396a(a)(10)) is amended— of Public Law 93–66) shall, as at least one the individual’s spouse). (1) by striking ‘‘and’’ at the end of subpara- means of recovering such overpayment, ‘‘(C) This subsection shall apply to a trust graph (E); make the adjustment or recovery from the without regard to— (2) by adding ‘‘and’’ at the end of subpara- lump sum payment in an amount equal to ‘‘(i) the purposes for which the trust is es- graph (F); and not less than the lesser of the amount of the tablished; (3) by inserting after subparagraph (F) the overpayment or 50 percent of the lump sum ‘‘(ii) whether the trustees have or exercise following: payment,’’ before ‘‘unless fraud’’. any discretion under the trust; ‘‘(G) that, in applying eligibility criteria of (b) EFFECTIVE DATE.—The amendments ‘‘(iii) any restrictions on when or whether the supplemental security income program made by this section shall take effect 12 distributions may be made from the trust; or under title XVI for purposes of determining months after the date of the enactment of ‘‘(iv) any restrictions on the use of dis- eligibility for medical assistance under the this Act and shall apply to amounts incor- tributions from the trust. State plan of an individual who is not receiv- rectly paid which remain outstanding on or ‘‘(3)(A) In the case of a revocable trust es- ing supplemental security income, the State after such date. tablished by an individual, the corpus of the will disregard the provisions of section SEC. 203. ADDITIONAL DEBT COLLECTION PRAC- trust shall be considered a resource available 1613(e);’’. TICES. to the individual. (d) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 1631(b) of the So- ‘‘(B) In the case of an irrevocable trust es- made by this section shall take effect on cial Security Act (42 U.S.C. 1383(b)) is amend- tablished by an individual, if there are any January 1, 2000, and shall apply to trusts es- ed— circumstances under which payment from tablished on or after such date. (1) by redesignating paragraphs (4) and (5) the trust could be made to or for the benefit as paragraphs (5) and (6), respectively; and SEC. 206. DISPOSAL OF RESOURCES FOR LESS of the individual or the individual’s spouse, (2) by inserting after paragraph (3) the fol- THAN FAIR MARKET VALUE UNDER the portion of the corpus from which pay- THE SSI PROGRAM. lowing: ‘‘(4)(A) With respect to any delinquent ment to or for the benefit of the individual (a) IN GENERAL.—Section 1613(c) of the So- amount, the Commissioner of Social Secu- or the individual’s spouse could be made cial Security Act (42 U.S.C. 1382b(c)) is rity may use the collection practices de- shall be considered a resource available to amended— scribed in sections 3711(f), 3716, 3717, and 3718 the individual. (1) in the caption, by striking ‘‘Notifica- of title 31, United States Code, and in section ‘‘(4) The Commissioner of Social Security tion of Medicaid Policy Restricting Eligi- 5514 of title 5, United States Code, all as in may waive the application of this subsection bility of Institutionalized Individuals for effect immediately after the enactment of with respect to an individual if the Commis- Benefits Based on’’; the Debt Collection Improvement Act of 1996. sioner determines that such application (2) in paragraph (1)— ‘‘(B) For purposes of subparagraph (A), the would work an undue hardship (as deter- (A) in subparagraph (A)— term ‘delinquent amount’ means an mined on the basis of criteria established by (i) by inserting ‘‘paragraph (1) and’’ after amount— the Commissioner) on the individual. ‘‘provisions of’’; ‘‘(i) in excess of the correct amount of pay- ‘‘(5) This subsection shall not apply to a (ii) by striking ‘‘title XIX’’ the first place ment under this title; trust described in subparagraph (A) or (C) of it appears and inserting ‘‘this title and title ‘‘(ii) paid to a person after such person has section 1917(d)(4). XIX, respectively,’’; attained 18 years of age; and ‘‘(6) For purposes of this subsection— (iii) by striking ‘‘subparagraph (B)’’ and in- ‘‘(iii) determined by the Commissioner of ‘‘(A) the term ‘trust’ includes any legal in- serting ‘‘clause (ii)’’; Social Security, under regulations, to be strument or device that is similar to a trust; (iv) by striking ‘‘paragraph (2)’’ and insert- otherwise unrecoverable under this section ‘‘(B) the term ‘corpus’ means, with respect ing ‘‘subparagraph (B)’’; after such person ceases to be a beneficiary to a trust, all property and other interests (B) in subparagraph (B)— under this title.’’. held by the trust, including accumulated (i) by striking ‘‘by the State agency’’; and (b) CONFORMING AMENDMENTS.—Section earnings and any other addition to the trust (ii) by striking ‘‘section 1917(c)’’ and all 3701(d)(2) of title 31, United States Code, is after its establishment (except that such that follows and inserting ‘‘paragraph (1) or amended by striking ‘‘section 204(f)’’ and in- term does not include any such earnings or section 1917(c).’’; and serting ‘‘sections 204(f) and 1631(b)(4)’’. addition in the month in which the earnings (C) by redesignating subparagraphs (A) and (c) TECHNICAL AMENDMENTS.—Section 204(f) or addition is credited or otherwise trans- (B) as clauses (i) and (ii), respectively; of the Social Security Act (42 U.S.C. 404(f)) is ferred to the trust); and (3) in paragraph (2)— amended— ‘‘(C) the term ‘asset’ includes any income (A) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; (1) by striking ‘‘3711(e)’’ and inserting or resource of the individual or of the indi- and ‘‘3711(f)’’; and vidual’s spouse, including— (B) by striking ‘‘paragraph (1)(B)’’ and in- (2) by inserting ‘‘all’’ before ‘‘as in effect’’. ‘‘(i) any income excluded by section 1612(b); serting ‘‘subparagraph (A)(ii)’’; (d) EFFECTIVE DATE.—The amendments ‘‘(ii) any resource otherwise excluded by (4) by striking ‘‘(c)(1)’’ and inserting made by this section shall apply to debt out- this section; and ‘‘(2)(A)’’; and standing on or after the date of the enact- ‘‘(iii) any other payment or property to (5) by inserting before paragraph (2) (as so ment of this Act. which the individual or the individual’s redesignated by paragraph (4) of this sub- SEC. 204. REQUIREMENT TO PROVIDE STATE spouse is entitled but does not receive or section) the following: PRISONER INFORMATION TO FED- have access to because of action by— ‘‘(c)(1)(A)(i) If an individual or the spouse ERAL AND FEDERALLY ASSISTED ‘‘(I) the individual or spouse; of an individual disposes of resources for less BENEFIT PROGRAMS. ‘‘(II) a person or entity (including a court) than fair market value on or after the look- Section 1611(e)(1)(I)(ii)(II) of the Social Se- with legal authority to act in place of, or on back date described in clause (ii)(I), the indi- curity Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)) is behalf of, the individual or spouse; or vidual is ineligible for benefits under this amended by striking ‘‘is authorized to’’ and ‘‘(III) a person or entity (including a court) title for months during the period beginning inserting ‘‘shall’’. acting at the direction of, or on the request on the date described in clause (iii) and equal SEC. 205. TREATMENT OF ASSETS HELD IN TRUST of, the individual or spouse.’’. to the number of months calculated as pro- UNDER THE SSI PROGRAM. (b) TREATMENT AS INCOME.—Section vided in clause (iv). (a) TREATMENT AS RESOURCE.—Section 1613 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is ‘‘(ii)(I) The look-back date described in of the Social Security Act (42 U.S.C. 1382b) is amended— this subclause is a date that is 36 months be- amended by adding at the end the following: (1) by striking ‘‘and’’ at the end of subpara- fore the date described in subclause (II). ‘‘Trusts graph (E); ‘‘(II) The date described in this subclause is ‘‘(e)(1) In determining the resources of an (2) by striking the period at the end of sub- the date on which the individual applies for individual, paragraph (3) shall apply to a paragraph (F) and inserting ‘‘; and’’; and benefits under this title or, if later, the date

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30751 on which the individual (or the spouse of the rather than in such an institution or facil- ‘‘SEC. 1129A. ADMINISTRATIVE PROCEDURE FOR individual) disposes of resources for less than ity; IMPOSING PENALTIES FOR FALSE fair market value. ‘‘(ii) the resources— OR MISLEADING STATEMENTS. ‘‘(iii) The date described in this clause is ‘‘(I) were transferred to the transferor’s ‘‘(a) IN GENERAL.—Any person who makes, the first day of the first month in or after spouse or to another for the sole benefit of or causes to be made, a statement or rep- which resources were disposed of for less the transferor’s spouse; resentation of a material fact for use in de- than fair market value and which does not ‘‘(II) were transferred from the transferor’s termining any initial or continuing right to occur in any other period of ineligibility spouse to another for the sole benefit of the or the amount of— under this paragraph. transferor’s spouse; ‘‘(1) monthly insurance benefits under title ‘‘(iv) The number of months calculated ‘‘(III) were transferred to, or to a trust (in- II; or under this clause shall be equal to— cluding a trust described in section ‘‘(2) benefits or payments under title XVI, ‘‘(I) the total, cumulative uncompensated 1917(d)(4)) established solely for the benefit that the person knows or should know is value of all resources so disposed of by the of, the transferor’s child who is blind or dis- false or misleading or knows or should know individual (or the spouse of the individual) abled; or omits a material fact or who makes such a on or after the look-back date described in ‘‘(IV) were transferred to a trust (including statement with knowing disregard for the clause (ii)(I); divided by a trust described in section 1917(d)(4)) estab- truth shall be subject to, in addition to any ‘‘(II) the amount of the maximum monthly lished solely for the benefit of an individual other penalties that may be prescribed by benefit payable under section 1611(b), plus who has not attained 65 years of age and who law, a penalty described in subsection (b) to the amount (if any) of the maximum State is disabled; be imposed by the Commissioner of Social supplementary payment corresponding to ‘‘(iii) a satisfactory showing is made to the Security. the State’s payment level applicable to the Commissioner of Social Security (in accord- ‘‘(b) PENALTY.—The penalty described in individual’s living arrangement and eligi- ance with regulations promulgated by the this subsection is— bility category that would otherwise be pay- Commissioner) that— ‘‘(1) nonpayment of benefits under title II able to the individual by the Commissioner ‘‘(I) the individual who disposed of the re- that would otherwise be payable to the per- pursuant to an agreement under section sources intended to dispose of the resources son; and 1616(a) of this Act or section 212(b) of Public either at fair market value, or for other val- ‘‘(2) ineligibility for cash benefits under Law 93–66, for the month in which occurs the uable consideration; title XVI, date described in clause (ii)(II), ‘‘(II) the resources were transferred exclu- for each month that begins during the appli- rounded, in the case of any fraction, to the sively for a purpose other than to qualify for cable period described in subsection (c). nearest whole number, but shall not in any benefits under this title; or ‘‘(c) DURATION OF PENALTY.—The duration case exceed 36 months. ‘‘(III) all resources transferred for less than of the applicable period, with respect to a de- ‘‘(B)(i) Notwithstanding subparagraph (A), fair market value have been returned to the termination by the Commissioner under sub- this subsection shall not apply to a transfer transferor; or section (a) that a person has engaged in con- of a resource to a trust if the portion of the ‘‘(iv) the Commissioner determines, under duct described in subsection (a), shall be— trust attributable to the resource is consid- procedures established by the Commissioner, ‘‘(1) six consecutive months, in the case of ered a resource available to the individual that the denial of eligibility would work an the first such determination with respect to pursuant to subsection (e)(3) (or would be so undue hardship as determined on the basis of the person; considered but for the application of sub- criteria established by the Commissioner. ‘‘(2) twelve consecutive months, in the case section (e)(4)). ‘‘(D) For purposes of this subsection, in the of the second such determination with re- ‘‘(ii) In the case of a trust established by case of a resource held by an individual in spect to the person; and an individual or an individual’s spouse (with- common with another person or persons in a ‘‘(3) twenty-four consecutive months, in in the meaning of subsection (e)), if from joint tenancy, tenancy in common, or simi- the case of the third or subsequent such de- such portion of the trust, if any, that is con- lar arrangement, the resource (or the af- termination with respect to the person. sidered a resource available to the individual fected portion of such resource) shall be con- ‘‘(d) EFFECT ON OTHER ASSISTANCE.—A per- pursuant to subsection (e)(3) (or would be so sidered to be disposed of by the individual son subject to a period of nonpayment of considered but for the application of sub- when any action is taken, either by the indi- benefits under title II or ineligibility for section (e)(4)) or the residue of the portion vidual or by any other person, that reduces title XVI benefits by reason of this section on the termination of the trust— or eliminates the individual’s ownership or nevertheless shall be considered to be eligi- ‘‘(I) there is made a payment other than to control of such resource. ble for and receiving such benefits, to the ex- or for the benefit of the individual; or ‘‘(E) In the case of a transfer by the spouse tent that the person would be receiving or el- ‘‘(II) no payment could under any cir- of an individual that results in a period of in- igible for such benefits but for the imposi- cumstance be made to the individual, eligibility for the individual under this sub- tion of the penalty, for purposes of— then, for purposes of this subsection, the section, the Commissioner shall apportion ‘‘(1) determination of the eligibility of the payment described in clause (I) or the fore- the period (or any portion of the period) person for benefits under titles XVIII and closure of payment described in clause (II) among the individual and the individual’s XIX; and shall be considered a transfer of resources by spouse if the spouse becomes eligible for ben- ‘‘(2) determination of the eligibility or the individual or the individual’s spouse as efits under this title. amount of benefits payable under title II or ‘‘(F) For purposes of this paragraph— of the date of the payment or foreclosure, as XVI to another person. ‘‘(i) the term ‘benefits under this title’ in- the case may be. ‘‘(e) DEFINITION.—In this section, the term cludes payments of the type described in sec- ‘‘(C) An individual shall not be ineligible ‘benefits under title XVI’ includes State sup- tion 1616(a) of this Act and of the type de- for benefits under this title by reason of the plementary payments made by the Commis- scribed in section 212(b) of Public Law 93–66; application of this paragraph to a disposal of sioner pursuant to an agreement under sec- ‘‘(ii) the term ‘institutionalized individual’ resources by the individual or the spouse of tion 1616(a) of this Act or section 212(b) of has the meaning given such term in section the individual, to the extent that— Public Law 93–66. 1917(e)(3); and ‘‘(i) the resources are a home and title to ‘‘(f) CONSULTATIONS.—The Commissioner of ‘‘(iii) the term ‘trust’ has the meaning the home was transferred to— Social Security shall consult with the In- given such term in subsection (e)(6)(A) of ‘‘(I) the spouse of the transferor; spector General of the Social Security Ad- this section.’’. ‘‘(II) a child of the transferor who has not ministration regarding initiating actions (b) CONFORMING AMENDMENT.—Section attained 21 years of age, or is blind or dis- 1902(a)(10) of the Social Security Act (42 under this section.’’. abled; U.S.C. 1396a(a)(10)), as amended by section (b) CONFORMING AMENDMENT PRECLUDING ‘‘(III) a sibling of the transferor who has an 205(c) of this Act, is amended by striking DELAYED RETIREMENT CREDIT FOR ANY MONTH equity interest in such home and who was re- ‘‘section 1613(e)’’ and inserting ‘‘subsections TO WHICH A NONPAYMENT OF BENEFITS PEN- siding in the transferor’s home for a period (c) and (e) of section 1613’’. ALTY APPLIES.—Section 202(w)(2)(B) of such of at least 1 year immediately before the (c) EFFECTIVE DATE.—The amendments Act (42 U.S.C. 402(w)(2)(B)) is amended— date the transferor becomes an institutional- made by this section shall be effective with (1) by striking ‘‘and’’ at the end of clause ized individual; or respect to disposals made on or after the (i); ‘‘(IV) a son or daughter of the transferor date of the enactment of this Act. (2) by striking the period at the end of (other than a child described in subclause SEC. 207. ADMINISTRATIVE PROCEDURE FOR IM- clause (ii) and inserting ‘‘, and’’; and (II)) who was residing in the transferor’s POSING PENALTIES FOR FALSE OR (3) by adding at the end the following: home for a period of at least 2 years imme- MISLEADING STATEMENTS. ‘‘(iii) such individual was not subject to a diately before the date the transferor be- (a) IN GENERAL.—Part A of title XI of the penalty imposed under section 1129A.’’. comes an institutionalized individual, and Social Security Act (42 U.S.C. 1301 et seq.) is (c) ELIMINATION OF REDUNDANT PROVI- who provided care to the transferor which amended by inserting after section 1129 the SION.—Section 1611(e) of such Act (42 U.S.C. permitted the transferor to reside at home following: 1382(e)) is amended—

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30752 CONGRESSIONAL RECORD—HOUSE November 18, 1999 (1) by striking paragraph (4); the enactment) been convicted, or if such a circumstances of each termination of exclu- (2) in paragraph (6)(A)(i), by striking ‘‘(5)’’ determination has been made with respect to sion made under this subsection. and inserting ‘‘(4)’’; and the individual— ‘‘(g) AVAILABILITY OF RECORDS OF EX- (3) by redesignating paragraphs (5) and (6) ‘‘(i) on one previous occasion of one or CLUDED REPRESENTATIVES AND HEALTH CARE as paragraphs (4) and (5), respectively. more offenses for which an exclusion may be PROVIDERS.—Nothing in this section shall be (d) REGULATIONS.—Within 6 months after effected under such subsection, the period of construed to have the effect of limiting ac- the date of the enactment of this Act, the the exclusion shall be not less than 10 years; cess by any applicant or beneficiary under Commissioner of Social Security shall de- or title II or XVI, any State agency acting velop regulations that prescribe the adminis- ‘‘(ii) on two or more previous occasions of under section 221 or 1633(a), or the Commis- trative process for making determinations one or more offenses for which an exclusion sioner to records maintained by any rep- under section 1129A of the Social Security may be effected under such subsection, the resentative or health care provider in con- Act (including when the applicable period in period of the exclusion shall be permanent. nection with services provided to the appli- subsection (c) of such section shall com- ‘‘(c) NOTICE TO STATE AGENCIES.—The Com- cant or beneficiary prior to the exclusion of mence), and shall provide guidance on the missioner shall promptly notify each appro- such representative or health care provider exercise of discretion as to whether the pen- priate State agency employed for the pur- under this section. alty should be imposed in particular cases. pose of making disability determinations ‘‘(h) REPORTING REQUIREMENT.—Any rep- (e) EFFECTIVE DATE.—The amendments under section 221 or 1633(a)— resentative or health care provider partici- made by this section shall apply to state- ‘‘(1) of the fact and circumstances of each pating in, or seeking to participate in, a so- ments and representations made on or after exclusion effected against an individual cial security program shall inform the Com- the date of the enactment of this Act. under this section; and missioner, in such form and manner as the SEC. 208. EXCLUSION OF REPRESENTATIVES AND ‘‘(2) of the period (described in subsection Commissioner shall prescribe by regulation, HEALTH CARE PROVIDERS CON- (b)(3)) for which the State agency is directed whether such representative or health care VICTED OF VIOLATIONS FROM PAR- to exclude the individual from participation provider has been convicted of a violation TICIPATION IN SOCIAL SECURITY in the activities of the State agency in the described in subsection (a). PROGRAMS. course of its employment. ‘‘(i) DELEGATION OF AUTHORITY.—The Com- (a) IN GENERAL.—Part A of title XI of the ‘‘(d) NOTICE TO STATE LICENSING AGEN- missioner may delegate authority granted by Social Security Act is amended by inserting CIES.—The Commissioner shall— this section to the Inspector General. before section 1137 (42 U.S.C. 1320b–7) the fol- ‘‘(1) promptly notify the appropriate State ‘‘(j) DEFINITIONS.—For purposes of this sec- lowing: or local agency or authority having responsi- tion: ‘‘EXCLUSION OF REPRESENTATIVES AND HEALTH bility for the licensing or certification of an ‘‘(1) EXCLUDE.—The term ‘exclude’ from CARE PROVIDERS CONVICTED OF VIOLATIONS individual excluded from participation under participation means— FROM PARTICIPATION IN SOCIAL SECURITY this section of the fact and circumstances of ‘‘(A) in connection with a representative, PROGRAMS the exclusion; to prohibit from engaging in representation ‘‘SEC. 1136. (a) IN GENERAL.—The Commis- ‘‘(2) request that appropriate investiga- of an applicant for, or recipient of, benefits, sioner of Social Security shall exclude from tions be made and sanctions invoked in ac- as a representative payee under section 205(j) participation in the social security programs cordance with applicable State law and pol- or section 1631(a)(2)(A)(ii), or otherwise as a any representative or health care provider— icy; and representative, in any hearing or other pro- ‘‘(1) who is convicted of a violation of sec- ‘‘(3) request that the State or local agency ceeding relating to entitlement to benefits; tion 208 or 1632 of this Act; or authority keep the Commissioner and the and ‘‘(2) who is convicted of any violation Inspector General of the Social Security Ad- ‘‘(B) in connection with a health care pro- under title 18, United States Code, relating ministration fully and currently informed vider, to prohibit from providing items or to an initial application for or continuing with respect to any actions taken in re- services to an applicant for, or recipient of, entitlement to, or amount of, benefits under sponse to the request. benefits for the purpose of assisting such ap- title II of this Act, or an initial application ‘‘(e) NOTICE, HEARING, AND JUDICIAL RE- plicant or recipient in demonstrating dis- for or continuing eligibility for, or amount VIEW.—(1) Any individual who is excluded (or ability. of, benefits under title XVI of this Act; or directed to be excluded) from participation ‘‘(2) SOCIAL SECURITY PROGRAM.—The term ‘‘(3) who the Commissioner determines has under this section is entitled to reasonable ‘social security programs’ means the pro- committed an offense described in section notice and opportunity for a hearing thereon gram providing for monthly insurance bene- 1129(a)(1) of this Act. by the Commissioner to the same extent as fits under title II, and the program providing ‘‘(b) NOTICE, EFFECTIVE DATE, AND PERIOD is provided in section 205(b), and to judicial for monthly supplemental security income OF EXCLUSION.—(1) An exclusion under this review of the Commissioner’s final decision benefits to individuals under title XVI (in- section shall be effective at such time, for after such hearing as is provided in section cluding State supplementary payments made such period, and upon such reasonable notice 205(g). by the Commissioner pursuant to an agree- to the public and to the individual excluded ‘‘(2) The provisions of section 205(h) shall ment under section 1616(a) of this Act or sec- as may be specified in regulations consistent apply with respect to this section to the tion 212(b) of Public Law 93–66). with paragraph (2). same extent as it is applicable with respect ‘‘(3) CONVICTED.—An individual is consid- ‘‘(2) Such an exclusion shall be effective to title II. ered to have been ‘convicted’ of a violation— with respect to services furnished to any in- ‘‘(f) APPLICATION FOR TERMINATION OF EX- ‘‘(A) when a judgment of conviction has dividual on or after the effective date of the CLUSION.—(1) An individual excluded from been entered against the individual by a Fed- exclusion. Nothing in this section may be participation under this section may apply eral, State, or local court, except if the judg- construed to preclude, in determining dis- to the Commissioner, in the manner speci- ment of conviction has been set aside or ex- ability under title II or title XVI, consider- fied by the Commissioner in regulations and punged; ation of any medical evidence derived from at the end of the minimum period of exclu- ‘‘(B) when there has been a finding of guilt services provided by a health care provider sion provided under subsection (b)(3) and at against the individual by a Federal, State, or before the effective date of the exclusion of such other times as the Commissioner may local court; the health care provider under this section. provide, for termination of the exclusion ef- ‘‘(C) when a plea of guilty or nolo ‘‘(3)(A) The Commissioner shall specify, in fected under this section. contendere by the individual has been ac- the notice of exclusion under paragraph (1), ‘‘(2) The Commissioner may terminate the cepted by a Federal, State, or local court; or the period of the exclusion. exclusion if the Commissioner determines, ‘‘(D) when the individual has entered into ‘‘(B) Subject to subparagraph (C), in the on the basis of the conduct of the applicant participation in a first offender, deferred ad- case of an exclusion under subsection (a), the which occurred after the date of the notice of judication, or other arrangement or program minimum period of exclusion shall be five exclusion or which was unknown to the Com- where judgment of conviction has been with- years, except that the Commissioner may missioner at the time of the exclusion, held.’’. waive the exclusion in the case of an indi- that— (b) EFFECTIVE DATE.—The amendment vidual who is the sole source of essential ‘‘(A) there is no basis under subsection (a) made by this section shall apply with respect services in a community. The Commis- for a continuation of the exclusion; and to convictions of violations described in sioner’s decision whether to waive the exclu- ‘‘(B) there are reasonable assurances that paragraphs (1) and (2) of section 1136(a) of the sion shall not be reviewable. the types of actions which formed the basis Social Security Act and determinations de- ‘‘(C) In the case of an exclusion of an indi- for the original exclusion have not recurred scribed in paragraph (3) of such section oc- vidual under subsection (a) based on a con- and will not recur. curring on or after the date of the enactment viction or a determination described in sub- ‘‘(3) The Commissioner shall promptly no- of this Act. section (a)(3) occurring on or after the date tify each State agency employed for the pur- SEC. 209. STATE DATA EXCHANGES. of the enactment of this section, if the indi- pose of making disability determinations Whenever the Commissioner of Social Se- vidual has (before, on, or after such date of under section 221 or 1633(a) of the fact and curity requests information from a State for

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the purpose of ascertaining an individual’s (b) CONFORMING AMENDMENT.—Section Subtitle B—Benefits For Certain World War eligibility for benefits (or the correct 1611(e)(1)(G) of such Act (42 U.S.C. II Veterans amount of such benefits) under title II or 1382(e)(1)(G)) is amended by striking ‘‘sub- SEC. 251. ESTABLISHMENT OF PROGRAM OF SPE- XVI of the Social Security Act, the stand- paragraph (H)’’ and inserting ‘‘subparagraph CIAL BENEFITS FOR CERTAIN ards of the Commissioner promulgated pur- (H) or (J)’’. WORLD WAR II VETERANS. suant to section 1106 of such Act or any SEC. 213. ACCESS TO INFORMATION HELD BY FI- (a) IN GENERAL.—The Social Security Act other Federal law for the use, safeguarding, NANCIAL INSTITUTIONS. is amended by inserting after title VII the and disclosure of information are deemed to Section 1631(e)(1)(B) of the Social Security following new title: meet any standards of the State that would Act (42 U.S.C. 1383(e)(1)(B)) is amended— ‘‘TITLE VIII—SPECIAL BENEFITS FOR otherwise apply to the disclosure of informa- (1) by striking ‘‘(B) The’’ and inserting CERTAIN WORLD WAR II VETERANS ‘‘(B)(i) The’’; and tion by the State to the Commissioner. ‘‘TABLE OF CONTENTS (2) by adding at the end the following new SEC. 210. STUDY ON POSSIBLE MEASURES TO IM- ‘‘Sec. 801. Basic entitlement to benefits. PROVE FRAUD PREVENTION AND clause: ‘‘(ii)(I) The Commissioner of Social Secu- ‘‘Sec. 802. Qualified individuals. ADMINISTRATIVE PROCESSING. ‘‘Sec. 803. Residence outside the United (a) STUDY.—As soon as practicable after rity may require each applicant for, or re- cipient of, benefits under this title to pro- States. the date of the enactment of this Act, the ‘‘Sec. 804. Disqualifications. vide authorization by the applicant or recipi- Commissioner of Social Security, in con- ‘‘Sec. 805. Benefit amount. sultation with the Inspector General of the ent (or by any other person whose income or ‘‘Sec. 806. Applications and furnishing of in- Social Security Administration and the At- resources are material to the determination formation. torney General, shall conduct a study of pos- of the eligibility of the applicant or recipient ‘‘Sec. 807. Representative payees. sible measures to improve— for such benefits) for the Commissioner to ‘‘Sec. 808. Overpayments and underpay- (1) prevention of fraud on the part of indi- obtain (subject to the cost reimbursement ments. viduals entitled to disability benefits under requirements of section 1115(a) of the Right ‘‘Sec. 809. Hearings and review. section 223 of the Social Security Act or ben- to Financial Privacy Act) from any financial ‘‘Sec. 810. Other administrative provisions. efits under section 202 of such Act based on institution (within the meaning of section ‘‘Sec. 811. Penalties for fraud. the beneficiary’s disability, individuals eligi- 1101(1) of such Act) any financial record ‘‘Sec. 812. Definitions. ble for supplemental security income bene- (within the meaning of section 1101(2) of such ‘‘Sec. 813. Appropriations. fits under title XVI of such Act, and appli- Act) held by the institution with respect to ‘‘SEC. 801. BASIC ENTITLEMENT TO BENEFITS. cants for any such benefits; and the applicant or recipient (or any such other ‘‘Every individual who is a qualified indi- (2) timely processing of reported income person) whenever the Commissioner deter- vidual under section 802 shall, in accordance changes by individuals receiving such bene- mines the record is needed in connection with and subject to the provisions of this fits. with a determination with respect to such title, be entitled to a monthly benefit paid (b) REPORT.—Not later than 1 year after eligibility or the amount of such benefits. by the Commissioner of Social Security for ‘‘(II) Notwithstanding section 1104(a)(1) of the date of the enactment of this Act, the each month after September 2000 (or such the Right to Financial Privacy Act, an au- Commissioner shall submit to the Com- earlier month, if the Commissioner deter- thorization provided by an applicant or re- mittee on Ways and Means of the House of mines is administratively feasible) the indi- cipient (or any other person whose income or Representatives and the Committee on Fi- vidual resides outside the United States. resources are material to the determination nance of the Senate a written report that ‘‘SEC. 802. QUALIFIED INDIVIDUALS. of the eligibility of the applicant or recipi- contains the results of the Commissioner’s ‘‘Except as otherwise provided in this title, ent) pursuant to subclause (I) of this clause study under subsection (a). The report shall an individual— shall remain effective until the earliest of— contain such recommendations for legisla- ‘‘(1) who has attained the age of 65 on or ‘‘(aa) the rendering of a final adverse deci- tive and administrative changes as the Com- before the date of the enactment of this sion on the applicant’s application for eligi- missioner considers appropriate. title; bility for benefits under this title; ‘‘(2) who is a World War II veteran; SEC. 211. ANNUAL REPORT ON AMOUNTS NEC- ‘‘(bb) the cessation of the recipient’s eligi- ESSARY TO COMBAT FRAUD. ‘‘(3) who is eligible for a supplemental se- bility for benefits under this title; or (a) IN GENERAL.—Section 704(b)(1) of the curity income benefit under title XVI for— ‘‘(cc) the express revocation by the appli- Social Security Act (42 U.S.C. 904(b)(1)) is ‘‘(A) the month in which this title is en- cant or recipient (or such other person re- amended— acted; and ferred to in subclause (I)) of the authoriza- (1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; and ‘‘(B) the month in which the individual tion, in a written notification to the Com- (2) by adding at the end the following new files an application for benefits under this missioner. title; subparagraph: ‘‘(III)(aa) An authorization obtained by the ‘‘(4) whose total benefit income is less than ‘‘(B) The Commissioner shall include in the Commissioner of Social Security pursuant to 75 percent of the Federal benefit rate under annual budget prepared pursuant to subpara- this clause shall be considered to meet the title XVI; graph (A) an itemization of the amount of requirements of the Right to Financial Pri- ‘‘(5) who has filed an application for bene- funds required by the Social Security Ad- vacy Act for purposes of section 1103(a) of fits under this title; and ministration for the fiscal year covered by such Act, and need not be furnished to the fi- ‘‘(6) who is in compliance with all require- the budget to support efforts to combat nancial institution, notwithstanding section ments imposed by the Commissioner of So- fraud committed by applicants and bene- 1104(a) of such Act. ficiaries.’’. ‘‘(bb) The certification requirements of cial Security under this title, (b) EFFECTIVE DATE.—The amendments section 1103(b) of the Right to Financial Pri- shall be a qualified individual for purposes of made by this section shall apply with respect vacy Act shall not apply to requests by the this title. to annual budgets prepared for fiscal years Commissioner of Social Security pursuant to ‘‘SEC. 803. RESIDENCE OUTSIDE THE UNITED after fiscal year 1999. an authorization provided under this clause. STATES. SEC. 212. COMPUTER MATCHES WITH MEDICARE ‘‘(cc) A request by the Commissioner pur- ‘‘For purposes of section 801, with respect AND MEDICAID INSTITUTIONALIZA- suant to an authorization provided under to any month, an individual shall be re- TION DATA. this clause is deemed to meet the require- garded as residing outside the United States (a) IN GENERAL.—Section 1611(e)(1) of the ments of section 1104(a)(3) of the Right to Fi- if, on the first day of the month, the indi- Social Security Act (42 U.S.C. 1382(e)(1)) is nancial Privacy Act and the flush language vidual so resides outside the United States. amended by adding at the end the following: of section 1102 of such Act. ‘‘SEC. 804. DISQUALIFICATIONS. ‘‘(J) For the purpose of carrying out this ‘‘(IV) The Commissioner shall inform any ‘‘(a) IN GENERAL.—Notwithstanding section paragraph, the Commissioner of Social Secu- person who provides authorization pursuant 802, an individual may not be a qualified in- rity shall conduct periodic computer to this clause of the duration and scope of dividual for any month— matches with data maintained by the Sec- the authorization. ‘‘(1) that begins after the month in which retary of Health and Human Services under ‘‘(V) If an applicant for, or recipient of, the Commissioner of Social Security is noti- title XVIII or XIX. The Secretary shall fur- benefits under this title (or any such other fied by the Attorney General that the indi- nish to the Commissioner, in such form and person referred to in subclause (I)) refuses to vidual has been removed from the United manner and under such terms as the Com- provide, or revokes, any authorization made States pursuant to section 237(a) or missioner and the Secretary shall mutually by the applicant or recipient for the Com- 212(a)(6)(A) of the Immigration and Nation- agree, such information as the Commissioner missioner of Social Security to obtain from ality Act and before the month in which the may request for this purpose. Information any financial institution any financial individual is lawfully admitted to the United obtained pursuant to such a match may be record, the Commissioner may, on that States for permanent residence; substituted for the physician’s certification basis, determine that the applicant or recipi- ‘‘(2) during any part of which the indi- otherwise required under subparagraph ent is ineligible for benefits under this vidual is fleeing to avoid prosecution, or cus- (G)(i).’’. title.’’. tody or confinement after conviction, under

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30754 CONGRESSIONAL RECORD—HOUSE November 18, 1999 the laws of the United States or the jurisdic- resentative payee or, if the interest of the ‘‘(A) The Commissioner of Social Security tion within the United States from which qualified individual under this title would be may prescribe circumstances under which the person has fled, for a crime, or an at- served thereby, to the qualified individual. the Commissioner of Social Security may tempt to commit a crime, that is a felony ‘‘(b) EXAMINATION OF FITNESS OF PROSPEC- grant an exemption from paragraph (1) to under the laws of the place from which the TIVE REPRESENTATIVE PAYEE.— any person on a case-by-case basis if the ex- individual has fled, or which, in the case of ‘‘(1) Any determination under subsection emption is in the best interest of the quali- the State of New Jersey, is a high mis- (a) to pay the benefits of a qualified indi- fied individual whose benefits would be paid demeanor under the laws of such State; vidual to a representative payee shall be to the person pursuant to this section. ‘‘(3) during any part of which the indi- made on the basis of— ‘‘(B) Paragraph (1)(C) shall not apply with vidual violates a condition of probation or ‘‘(A) an investigation by the Commissioner respect to any person who is a creditor re- parole imposed under Federal or State law; of Social Security of the person to serve as ferred to in such paragraph if the creditor or representative payee, which shall be con- is— ‘‘(4) during which the individual resides in ducted in advance of the determination and ‘‘(i) a relative of the qualified individual a foreign country and is not a citizen or na- shall, to the extent practicable, include a and the relative resides in the same house- tional of the United States if payments for face-to-face interview with the person (or, in hold as the qualified individual; such month to individuals residing in such the case of an organization, a representative ‘‘(ii) a legal guardian or legal representa- country are withheld by the Treasury De- of the organization); and tive of the individual; partment under section 3329 of title 31, ‘‘(B) adequate evidence that the arrange- ‘‘(iii) a facility that is licensed or certified United States Code. ment is in the interest of the qualified indi- as a care facility under the law of the polit- ‘‘(b) REQUIREMENT FOR ATTORNEY GEN- vidual. ical jurisdiction in which the qualified indi- ERAL.—For the purpose of carrying out sub- ‘‘(2) As part of the investigation referred to vidual resides; section (a)(1), the Attorney General shall no- in paragraph (1), the Commissioner of Social ‘‘(iv) a person who is an administrator, tify the Commissioner of Social Security as Security shall— owner, or employee of a facility referred to soon as practicable after the removal of any ‘‘(A) require the person being investigated in clause (iii), if the qualified individual re- individual under section 237(a) or 212(a)(6)(A) to submit documented proof of the identity sides in the facility, and the payment to the of the Immigration and Nationality Act. of the person; facility or the person is made only after the ‘‘SEC. 805. BENEFIT AMOUNT. ‘‘(B) in the case of a person who has a so- Commissioner of Social Security has made a ‘‘The benefit under this title payable to a cial security account number issued for pur- good faith effort to locate an alternative rep- qualified individual for any month shall be poses of the program under title II or an em- resentative payee to whom payment would in an amount equal to 75 percent of the Fed- ployer identification number issued for pur- serve the best interests of the qualified indi- eral benefit rate under title XVI for the poses of the Internal Revenue Code of 1986, vidual; or month, reduced by the amount of the quali- verify the number; ‘‘(v) a person who is determined by the fied individual’s benefit income for the ‘‘(C) determine whether the person has Commissioner of Social Security, on the month. been convicted of a violation of section 208, basis of written findings and pursuant to ‘‘SEC. 806. APPLICATIONS AND FURNISHING OF 811, or 1632; and procedures prescribed by the Commissioner INFORMATION. ‘‘(D) determine whether payment of bene- of Social Security, to be acceptable to serve ‘‘(a) IN GENERAL.—The Commissioner of fits to the person in the capacity as rep- as a representative payee. Social Security shall, subject to subsection resentative payee has been revoked or termi- ‘‘(C) The procedures referred to in subpara- (b), prescribe such requirements with respect nated pursuant to this section, section 205(j), graph (B)(v) shall require the person who will to the filing of applications, the furnishing or section 1631(a)(2)(A)(iii) by reason of mis- serve as representative payee to establish, to of information and other material, and the use of funds paid as benefits under this title, the satisfaction of the Commissioner of So- reporting of events and changes in cir- title II, or XVI, respectively. cial Security, that— cumstances, as may be necessary for the ef- ‘‘(c) REQUIREMENT FOR MAINTAINING LISTS ‘‘(i) the person poses no risk to the quali- fective and efficient administration of this OF UNDESIRABLE PAYEES.—The Commissioner fied individual; title. of Social Security shall establish and main- ‘‘(ii) the financial relationship of the per- ‘‘(b) VERIFICATION REQUIREMENT.—The re- tain lists which shall be updated periodically son to the qualified individual poses no sub- quirements prescribed by the Commissioner and which shall be in a form that renders stantial conflict of interest; and of Social Security under subsection (a) shall such lists available to the servicing offices of ‘‘(iii) no other more suitable representa- preclude any determination of entitlement the Social Security Administration. The tive payee can be found. to benefits under this title solely on the lists shall consist of— ‘‘(e) DEFERRAL OF PAYMENT PENDING AP- basis of declarations by the individual con- ‘‘(1) the names and (if issued) social secu- POINTMENT OF REPRESENTATIVE PAYEE.— cerning qualifications or other material rity account numbers or employer identifica- ‘‘(1) IN GENERAL.—Subject to paragraph (2), facts, and shall provide for verification of tion numbers of all persons with respect to if the Commissioner of Social Security material information from independent or whom, in the capacity of representative makes a determination described in the first collateral sources, and the procurement of payee, the payment of benefits has been re- sentence of subsection (a) with respect to additional information as necessary in order voked or terminated under this section, sec- any qualified individual’s benefit and deter- to ensure that the benefits are provided only tion 205(j), or section 1631(a)(2)(A)(iii) by rea- mines that direct payment of the benefit to to qualified individuals (or their representa- son of misuse of funds paid as benefits under the qualified individual would cause substan- tive payees) in correct amounts. this title, title II, or XVI, respectively; and tial harm to the qualified individual, the ‘‘SEC. 807. REPRESENTATIVE PAYEES. ‘‘(2) the names and (if issued) social secu- Commissioner of Social Security may defer ‘‘(a) IN GENERAL.—If the Commissioner of rity account numbers or employer identifica- (in the case of initial entitlement) or sus- Social Security determines that the interest tion numbers of all persons who have been pend (in the case of existing entitlement) di- of any qualified individual under this title convicted of a violation of section 208, 811, or rect payment of the benefit to the qualified would be served thereby, payment of the 1632. individual, until such time as the selection qualified individual’s benefit under this title ‘‘(d) PERSONS INELIGIBLE TO SERVE AS REP- of a representative payee is made pursuant may be made, regardless of the legal com- RESENTATIVE PAYEES.— to this section. petency or incompetency of the qualified in- ‘‘(1) IN GENERAL.—The benefits of a quali- ‘‘(2) TIME LIMITATION.— dividual, either directly to the qualified indi- fied individual may not be paid to any other ‘‘(A) IN GENERAL.—Except as provided in vidual, or for his or her benefit, to another person pursuant to this section if— subparagraph (B), any deferral or suspension person (the meaning of which term, for pur- ‘‘(A) the person has been convicted of a of direct payment of a benefit pursuant to poses of this section, includes an organiza- violation of section 208, 811, or 1632; paragraph (1) shall be for a period of not tion) with respect to whom the requirements ‘‘(B) except as provided in paragraph (2), more than 1 month. of subsection (b) have been met (in this sec- payment of benefits to the person in the ca- ‘‘(B) EXCEPTION IN THE CASE OF INCOM- tion referred to as the qualified individual’s pacity of representative payee has been re- PETENCY.—Subparagraph (A) shall not apply ‘representative payee’). If the Commissioner voked or terminated under this section, sec- in any case in which the qualified individual of Social Security determines that a rep- tion 205(j), or section 1631(a)(2)(A)(ii) by rea- is, as of the date of the Commissioner of So- resentative payee has misused any benefit son of misuse of funds paid as benefits under cial Security’s determination, legally incom- paid to the representative payee pursuant to this title, title II, or title XVI, respectively; petent under the laws of the jurisdiction in this section, section 205(j), or section or which the individual resides. 1631(a)(2), the Commissioner of Social Secu- ‘‘(C) except as provided in paragraph (2)(B), ‘‘(3) PAYMENT OF RETROACTIVE BENEFITS.— rity shall promptly revoke the person’s des- the person is a creditor of the qualified indi- Payment of any benefits which are deferred ignation as the qualified individual’s rep- vidual and provides the qualified individual or suspended pending the selection of a rep- resentative payee under this subsection, and with goods or services for consideration. resentative payee shall be made to the quali- shall make payment to an alternative rep- ‘‘(2) EXEMPTIONS.— fied individual or the representative payee as

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30755 a single sum or over such period of time as providing services as representative payee adjustment or recovery would defeat the pur- the Commissioner of Social Security deter- pursuant to this section, section 205(j), or pose of this title or would be against equity mines is in the best interest of the qualified section 1631(a)(2). and good conscience. individual. ‘‘(4) MAINTAINING LISTS OF AGENCIES.—The ‘‘(d) LIMITED IMMUNITY FOR DISBURSING OF- ‘‘(f) HEARING.—Any qualified individual Commissioner of Social Security shall main- FICERS.—A disbursing officer may not be held who is dissatisfied with a determination by tain lists, which shall be updated periodi- liable for any amount paid by the officer if the Commissioner of Social Security to cally, of public agencies and community- the adjustment or recovery of the amount is make payment of the qualified individual’s based nonprofit social service agencies which waived under subsection (b), or adjustment benefit to a representative payee under sub- are qualified to serve as representative pay- under subsection (a) is not completed before section (a) of this section or with the des- ees pursuant to this section and which are the death of the qualified individual against ignation of a particular person to serve as located in the jurisdiction in which any whose benefits deductions are authorized. representative payee shall be entitled to a qualified individual resides. ‘‘(e) AUTHORIZED COLLECTION PRACTICES.— ‘‘(1) IN GENERAL.—With respect to any de- hearing by the Commissioner of Social Secu- ‘‘(i) RESTITUTION.—In any case where the linquent amount, the Commissioner of So- rity to the same extent as is provided in sec- negligent failure of the Commissioner of So- cial Security may use the collection prac- tion 809(a), and to judicial review of the cial Security to investigate or monitor a rep- tices described in sections 3711(e), 3716, and Commissioner of Social Security’s final deci- resentative payee results in misuse of bene- 3718 of title 31, United States Code, as in ef- sion as is provided in section 809(b). fits by the representative payee, the Com- fect on October 1, 1994. ‘‘(g) NOTICE REQUIREMENTS.— missioner of Social Security shall make pay- ‘‘(2) DEFINITION.—For purposes of para- ‘‘(1) IN GENERAL.—In advance, to the extent ment to the qualified individual or the indi- graph (1), the term ‘delinquent amount’ practicable, of the payment of a qualified in- vidual’s alternative representative payee of means an amount— dividual’s benefit to a representative payee an amount equal to the misused benefits. ‘‘(A) in excess of the correct amount of the under subsection (a), the Commissioner of The Commissioner of Social Security shall payment under this title; and make a good faith effort to obtain restitu- Social Security shall provide written notice ‘‘(B) determined by the Commissioner of of the Commissioner’s initial determination tion from the terminated representative Social Security to be otherwise unrecover- to so make the payment. The notice shall be payee. able under this section from a person who is provided to the qualified individual, except ‘‘SEC. 808. OVERPAYMENTS AND UNDERPAY- not a qualified individual under this title. that, if the qualified individual is legally in- MENTS. ‘‘SEC. 809. HEARINGS AND REVIEW. competent, then the notice shall be provided ‘‘(a) IN GENERAL.—Whenever the Commis- ‘‘(a) HEARINGS.— solely to the legal guardian or legal rep- sioner of Social Security finds that more or ‘‘(1) IN GENERAL.—The Commissioner of So- resentative of the qualified individual. less than the correct amount of payment has cial Security shall make findings of fact and ‘‘(2) SPECIFIC REQUIREMENTS.—Any notice been made to any person under this title, decisions as to the rights of any individual required by paragraph (1) shall be clearly proper adjustment or recovery shall be made, applying for payment under this title. The written in language that is easily under- as follows: Commissioner of Social Security shall pro- standable to the reader, shall identify the ‘‘(1) With respect to payment to a person of vide reasonable notice and opportunity for a person to be designated as the qualified indi- more than the correct amount, the Commis- hearing to any individual who is or claims to vidual’s representative payee, and shall ex- sioner of Social Security shall decrease any be a qualified individual and is in disagree- plain to the reader the right under sub- payment— ment with any determination under this section (f) of the qualified individual or of ‘‘(A) under this title to which the overpaid title with respect to entitlement to, or the the qualified individual’s legal guardian or person (if a qualified individual) is entitled, amount of, benefits under this title, if the in- legal representative— or shall require the overpaid person or his or dividual requests a hearing on the matter in ‘‘(A) to appeal a determination that a rep- her estate to refund the amount in excess of disagreement within 60 days after notice of resentative payee is necessary for the quali- the correct amount, or, if recovery is not ob- the determination is received, and, if a hear- fied individual; tained under these 2 methods, shall seek or ing is held, shall, on the basis of evidence ad- ‘‘(B) to appeal the designation of a par- pursue recovery by means of reduction in tax duced at the hearing affirm, modify, or re- ticular person to serve as the representative refunds based on notice to the Secretary of verse the Commissioner of Social Security’s payee of the qualified individual; and the Treasury, as authorized under section findings of fact and the decision. The Com- ‘‘(C) to review the evidence upon which the 3720A of title 31, United States Code; or missioner of Social Security may, on the designation is based and to submit addi- ‘‘(B) under title II to recover the amount Commissioner of Social Security’s own mo- tional evidence. in excess of the correct amount, if the person tion, hold such hearings and conduct such in- ‘‘(h) ACCOUNTABILITY MONITORING.— is not currently eligible for payment under vestigations and other proceedings as the ‘‘(1) IN GENERAL.—In any case where pay- this title. Commissioner of Social Security deems nec- ment under this title is made to a person ‘‘(2) With respect to payment of less than essary or proper for the administration of other than the qualified individual entitled the correct amount to a qualified individual this title. In the course of any hearing, in- to the payment, the Commissioner of Social who, at the time the Commissioner of Social vestigation, or other proceeding, the Com- Security shall establish a system of account- Security is prepared to take action with re- missioner may administer oaths and affirma- ability monitoring under which the person spect to the underpayment— tions, examine witnesses, and receive evi- shall report not less often than annually ‘‘(A) is living, the Commissioner of Social dence. Evidence may be received at any with respect to the use of the payments. The Security shall make payment to the quali- hearing before the Commissioner of Social Commissioner of Social Security shall estab- fied individual (or the qualified individual’s Security even though inadmissible under the lish and implement statistically valid proce- representative payee designated under sec- rules of evidence applicable to court proce- dures for reviewing the reports in order to tion 807) of the balance of the amount due dure. The Commissioner of Social Security identify instances in which persons are not the underpaid qualified individual; or shall specifically take into account any properly using the payments. ‘‘(B) is deceased, the balance of the amount physical, mental, educational, or linguistic ‘‘(2) SPECIAL REPORTS.—Notwithstanding due shall revert to the general fund of the limitation of the individual (including any paragraph (1), the Commissioner of Social Treasury. lack of facility with the English language) in Security may require a report at any time ‘‘(b) NO EFFECT ON TITLE VIII ELIGIBILITY determining, with respect to the entitlement from any person receiving payments on be- OR BENEFIT AMOUNT.—In any case in which of the individual for benefits under this title, half of a qualified individual, if the Commis- the Commissioner of Social Security takes whether the individual acted in good faith or sioner of Social Security has reason to be- action in accordance with subsection was at fault, and in determining fraud, de- lieve that the person receiving the payments (a)(1)(B) to recover an amount incorrectly ception, or intent. is misusing the payments. paid to an individual, that individual shall ‘‘(2) EFFECT OF FAILURE TO TIMELY REQUEST ‘‘(3) MAINTAINING LISTS OF PAYEES.—The not, as a result of such action— REVIEW.—A failure to timely request review Commissioner of Social Security shall main- ‘‘(1) become qualified for benefits under of an initial adverse determination with re- tain lists which shall be updated periodically this title; or spect to an application for any payment of— ‘‘(2) if such individual is otherwise so under this title or an adverse determination ‘‘(A) the name, address, and (if issued) the qualified, become qualified for increased ben- on reconsideration of such an initial deter- social security account number or employer efits under this title. mination shall not serve as a basis for denial identification number of each representative ‘‘(c) WAIVER OF RECOVERY OF OVERPAY- of a subsequent application for any payment payee who is receiving benefit payments pur- MENT.—In any case in which more than the under this title if the applicant dem- suant to this section, section 205(j), or sec- correct amount of payment has been made, onstrates that the applicant failed to so re- tion 1631(a)(2); and there shall be no adjustment of payments to, quest such a review acting in good faith reli- ‘‘(B) the name, address, and social security or recovery by the United States from, any ance upon incorrect, incomplete, or mis- account number of each individual for whom person who is without fault if the Commis- leading information, relating to the con- each representative payee is reported to be sioner of Social Security determines that the sequences of reapplying for payments in lieu

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30756 CONGRESSIONAL RECORD—HOUSE November 18, 1999 of seeking review of an adverse determina- that full or partial restitution of funds be (A) in the fourth sentence of paragraph tion, provided by any officer or employee of made to the qualified individual. (1)(A), by inserting after ‘‘this title,’’ the fol- the Social Security Administration. ‘‘SEC. 812. DEFINITIONS. lowing: ‘‘title VIII,’’; ‘‘(3) NOTICE REQUIREMENTS.—In any notice (B) in paragraph (1)(B)(i)(I), by inserting ‘‘In this title: of an adverse determination with respect to after ‘‘this title,’’ the following: ‘‘title ‘‘(1) WORLD WAR II VETERAN.—The term which a review may be requested under para- VIII,’’; and ‘World War II veteran’ means a person who— graph (1), the Commissioner of Social Secu- (C) in paragraph (1)(C)(i), by inserting after ‘‘(A) served during World War II— rity shall describe in clear and specific lan- ‘‘this title,’’ the following: ‘‘title VIII,’’. ‘‘(i) in the active military, naval, or air guage the effect on possible entitlement to (2) REPRESENTATIVE PAYEE PROVISIONS OF service of the United States during World benefits under this title of choosing to re- TITLE II.—Section 205(j) of such Act (42 U.S.C. War II; or apply in lieu of requesting review of the de- 405(j)) is amended— ‘‘(ii) in the organized military forces of the termination. (A) in paragraph (1)(A), by inserting ‘‘807 Government of the Commonwealth of the ‘‘(b) JUDICIAL REVIEW.—The final deter- or’’ before ‘‘1631(a)(2)’’; Philippines, while the forces were in the mination of the Commissioner of Social Se- (B) in paragraph (2)(B)(i)(I), by inserting ‘‘, service of the Armed Forces of the United curity after a hearing under subsection (a)(1) title VIII,’’ before ‘‘or title XVI’’; States pursuant to the military order of the shall be subject to judicial review as pro- (C) in paragraph (2)(B)(i)(III), by inserting President dated July 26, 1941, including vided in section 205(g) to the same extent as ‘‘, 811,’’ before ‘‘or 1632’’; among the military forces organized guer- the Commissioner of Social Security’s final (D) in paragraph (2)(B)(i)(IV)— rilla forces under commanders appointed, determinations under section 205. (i) by inserting ‘‘, the designation of such designated, or subsequently recognized by person as a representative payee has been re- ‘‘SEC. 810. OTHER ADMINISTRATIVE PROVISIONS. the Commander in Chief, Southwest Pacific ‘‘(a) REGULATIONS AND ADMINISTRATIVE AR- voked pursuant to section 807(a),’’ before ‘‘or Area, or other competent authority in the payment of benefits’’; and RANGEMENTS.—The Commissioner of Social Army of the United States, in any case in Security may prescribe such regulations, and (ii) by inserting ‘‘, title VIII,’’ before ‘‘or which the service was rendered before De- title XVI’’; make such administrative and other ar- cember 31, 1946; and rangements, as may be necessary or appro- (E) in paragraph (2)(B)(ii)(I)— ‘‘(B) was discharged or released therefrom (i) by inserting ‘‘whose designation as a priate to carry out this title. under conditions other than dishonorable— ‘‘(b) PAYMENT OF BENEFITS.—Benefits representative payee has been revoked pur- ‘‘(i) after service of 90 days or more; or under this title shall be paid at such time or suant to section 807(a),’’ before ‘‘or with re- ‘‘(ii) because of a disability or injury in- times and in such installments as the Com- spect to whom’’; and curred or aggravated in the line of active missioner of Social Security determines are (ii) by inserting ‘‘, title VIII,’’ before ‘‘or duty. in the interests of economy and efficiency. title XVI’’; ‘‘(2) WORLD WAR II.—The term ‘World War ‘‘(c) ENTITLEMENT REDETERMINATIONS.—An (F) in paragraph (2)(B)(ii)(II), by inserting individual’s entitlement to benefits under II’ means the period beginning on September ‘‘, 811,’’ before ‘‘or 1632’’; this title, and the amount of the benefits, 16, 1940, and ending on July 24, 1947. (G) in paragraph (2)(C)(i)(II), by inserting may be redetermined at such time or times ‘‘(3) SUPPLEMENTAL SECURITY INCOME BEN- ‘‘, the designation of such person as a rep- as the Commissioner of Social Security de- EFIT UNDER TITLE XVI.—The term ‘supple- resentative payee has been revoked pursuant termines to be appropriate. mental security income benefit under title to section 807(a),’’ before ‘‘or payment of ‘‘(d) SUSPENSION AND TERMINATION OF BEN- XVI’, except as otherwise provided, includes benefits’’; EFITS.—Regulations prescribed by the Com- State supplementary payments which are (H) in each of clauses (i) and (ii) of para- missioner of Social Security under sub- paid by the Commissioner of Social Security graph (3)(E), by inserting ‘‘, section 807,’’ be- section (a) may provide for the suspension pursuant to an agreement under section fore ‘‘or section 1631(a)(2)’’; and termination of entitlement to benefits 1616(a) of this Act or section 212(b) of Public (I) in paragraph (3)(F), by inserting ‘‘807 under this title as the Commissioner deter- Law 93–66. or’’ before ‘‘1631(a)(2)’’; and mines is appropriate. ‘‘(4) FEDERAL BENEFIT RATE UNDER TITLE (J) in paragraph (4)(B)(i), by inserting ‘‘807 XVI.—The term ‘Federal benefit rate under or’’ before ‘‘1631(a)(2)’’. ‘‘SEC. 811. PENALTIES FOR FRAUD. title XVI’ means, with respect to any month, (3) WITHHOLDING FOR CHILD SUPPORT AND ‘‘(a) IN GENERAL.—Whoever— the amount of the supplemental security in- ALIMONY OBLIGATIONS.—Section 459(h)(1)(A) ‘‘(1) knowingly and willfully makes or come cash benefit (not including any State of such Act (42 U.S.C. 659(h)(1)(A)) is amend- causes to be made any false statement or supplementary payment which is paid by the ed— representation of a material fact in an appli- Commissioner of Social Security pursuant to (A) at the end of clause (iii), by striking cation for benefits under this title; an agreement under section 1616(a) of this ‘‘and’’; ‘‘(2) at any time knowingly and willfully Act or section 212(b) of Public Law 93–66) (B) at the end of clause (iv), by striking makes or causes to be made any false state- payable under title XVI for the month to an ‘‘but’’ and inserting ‘‘and’’; and ment or representation of a material fact for eligible individual with no income. (C) by adding at the end a new clause as use in determining any right to the benefits; ‘‘(5) UNITED STATES.—The term ‘United follows: ‘‘(3) having knowledge of the occurrence of States’ means, notwithstanding section ‘‘(v) special benefits for certain World War any event affecting— 1101(a)(1), only the 50 States, the District of II veterans payable under title VIII; but’’. ‘‘(A) his or her initial or continued right to Columbia, and the Commonwealth of the (4) SOCIAL SECURITY ADVISORY BOARD.—Sec- the benefits; or Northern Mariana Islands. tion 703(b) of such Act (42 U.S.C. 903(b)) is ‘‘(B) the initial or continued right to the ‘‘(6) BENEFIT INCOME.—The term ‘benefit in- amended by striking ‘‘title II’’ and inserting benefits of any other individual in whose be- come’ means any recurring payment re- ‘‘title II, the program of special benefits for half he or she has applied for or is receiving ceived by a qualified individual as an annu- certain World War II veterans under title the benefit, ity, pension, retirement, or disability benefit VIII,’’. conceals or fails to disclose the event with (including any veterans’ compensation or (5) DELIVERY OF CHECKS.—Section 708 of an intent fraudulently to secure the benefit pension, workmen’s compensation payment, such Act (42 U.S.C. 908) is amended— either in a greater amount or quantity than old-age, survivors, or disability insurance (A) in subsection (a), by striking ‘‘title II’’ is due or when no such benefit is authorized; benefit, railroad retirement annuity or pen- and inserting ‘‘title II, title VIII,’’; and or sion, and unemployment insurance benefit), (B) in subsection (b), by striking ‘‘title II’’ ‘‘(4) having made application to receive but only if a similar payment was received and inserting ‘‘title II, title VIII,’’. any such benefit for the use and benefit of by the individual from the same (or a re- (6) CIVIL MONETARY PENALTIES.—Section another and having received it, knowingly lated) source during the 12-month period pre- 1129 of such Act (42 U.S.C. 1320a–8) is amend- and willfully converts the benefit or any part ceding the month in which the individual ed— thereof to a use other than for the use and files an application for benefits under this (A) in the title, by striking ‘‘II’’ and insert- benefit of the other individual, title. ing ‘‘II, VIII’’; shall be fined under title 18, United States (B) in subsection (a)(1)— Code, imprisoned not more than 5 years, or ‘‘SEC. 813. APPROPRIATIONS. (i) by striking ‘‘or’’ at the end of subpara- both. ‘‘There are hereby appropriated for fiscal graph (A); ‘‘(b) RESTITUTION BY REPRESENTATIVE year 2000 and subsequent fiscal years, out of (ii) by redesignating subparagraph (B) as PAYEE.—If a person or organization violates any funds in the Treasury not otherwise ap- subparagraph (C); and subsection (a) in the person’s or organiza- propriated, such sums as may be necessary (iii) by inserting after subparagraph (A) tion’s role as, or in applying to become, a to carry out this title.’’. the following new subparagraph: representative payee under section 807 on be- (b) CONFORMING AMENDMENTS.— ‘‘(B) benefits or payments under title VIII, half of a qualified individual, and the viola- (1) SOCIAL SECURITY TRUST FUNDS LAE AC- or’’; tion includes a willful misuse of funds by the COUNT.—Section 201(g) of such Act (42 U.S.C. (C) in subsection (a)(2), by inserting ‘‘or person or entity, the court may also require 401(g)) is amended— title VIII,’’ after ‘‘title II’’;

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30757 (D) in subsection (e)(1)(C)— and shall determine the number of such (d) Section 416 of the Social Security Act (i) by striking ‘‘or’’ at the end of clause (i); farmers who have been denied such benefits (42 U.S.C. 616) is amended by striking ‘‘Op- (ii) by redesignating clause (ii) as clause during each of the preceding 10 years. portunity Act’’ and inserting ‘‘Opportunity (iii); and (b) REPORT TO THE CONGRESS.—Within 1 Reconciliation Act’’ each place such term (iii) by inserting after clause (i) the fol- year after the date of the enactment of this appears. lowing new clause: Act, the Commissioner of Social Security (e) Section 431(a)(6) of the Social Security ‘‘(ii) by decrease of any payment under shall prepare and submit to the Committee Act (42 U.S.C. 629a(a)(6))) is amended— title VIII to which the person is entitled, on Ways and Means of the House of Rep- (1) by inserting ‘‘, as in effect before Au- or’’; resentatives and the Committee on Finance gust 22, 1986’’ after ‘‘482(i)(5)’’; and (E) in subsection (e)(2)(B), by striking of the Senate a report that contains the re- (2) by inserting ‘‘, as so in effect’’ after ‘‘title XVI’’ and inserting ‘‘title VIII or sults of the study, and the determination, re- ‘‘482(i)(7)(A)’’. XVI’’; and quired by subsection (a). (f) Sections 452(a)(7) and 466(c)(2)(A)(i) of the Social Security Act (42 U.S.C. 652(a)(7) (F) in subsection (l), by striking ‘‘title TITLE III—CHILD SUPPORT XVI’’ and inserting ‘‘title VIII or XVI’’. and 666(c)(2)(A)(i)) are each amended by SEC. 301. NARROWING OF HOLD-HARMLESS PRO- striking ‘‘Social Security’’ and inserting (7) RECOVERY OF SSI OVERPAYMENTS.—Sec- VISION FOR STATE SHARE OF DIS- tion 1147 of such Act (42 U.S.C. 1320b–17) is ‘‘social security’’. TRIBUTION OF COLLECTED CHILD (g) Section 454 of the Social Security Act amended— SUPPORT. (42 U.S.C. 654) is amended— (A) in subsection (a)(1)— (a) IN GENERAL.—Section 457(d) of the So- (1) by striking ‘‘, or’’ at the end of each of (i) by inserting ‘‘or VIII’’ after ‘‘title II’’ cial Security Act (42 U.S.C. 657(d)) is amend- paragraphs (6)(E)(i) and (19)(B)(i) and insert- the first place it appears; and ed to read as follows: ing ‘‘; or’’; (ii) by striking ‘‘title II’’ the second place ‘‘(d) HOLD HARMLESS PROVISION.—If— it appears and inserting ‘‘such title’’; and ‘‘(1) the State share of amounts collected (2) in paragraph (9), by striking the comma at the end of each of subparagraphs (A), (B), (B) in the heading, by striking ‘‘SOCIAL SE- in the fiscal year which could be retained to and (C) and inserting a semicolon; and CURITY’’ and inserting ‘‘OTHER’’. reimburse the State for amounts paid to (3) by striking ‘‘, and’’ at the end of each of (8) RECOVERY OF SOCIAL SECURITY OVERPAY- families as assistance by the State is less paragraphs (19)(A) and (24)(A) and inserting MENTS.—Part A of title XI of the Social Se- than the State share of such amounts col- curity Act is amended by inserting after sec- lected in fiscal year 1995 (determined in ac- ‘‘; and’’. (h) Section 454(24)(B) of the Social Security tion 1147 (42 U.S.C. 1320b–17) the following cordance with section 457 as in effect on Au- Act (42 U.S.C. 654(24)(B)) is amended by strik- new section: gust 21, 1996); and ing ‘‘Opportunity Act’’ and inserting ‘‘Oppor- ‘‘(2)(A) the State has distributed to fami- ‘‘RECOVERY OF SOCIAL SECURITY BENEFIT tunity Reconciliation Act’’. OVERPAYMENTS FROM TITLE VIII BENEFITS lies that include an adult receiving assist- (i) Section 344(b)(1)(A) of the Personal Re- ance under the program under part A at least ‘‘SEC. 1147A. Whenever the Commissioner sponsibility and Work Opportunity Rec- 80 percent of the current support payments of Social Security determines that more onciliation Act of 1996 (Public Law 104–193; collected during the preceding fiscal year on than the correct amount of any payment has 110 Stat. 2236) is amended to read as follows: behalf of such families, and the amounts dis- been made under title II to an individual who ‘‘(A) in paragraph (1), by striking subpara- tributed were disregarded in determining the is not currently receiving benefits under graph (B) and inserting the following: amount or type of assistance provided under that title but who is receiving benefits under ‘(B) equal to the percent specified in para- the program under part A; or title VIII, the Commissioner may recover the graph (3) of the sums expended during such ‘‘(B) the State has distributed to families amount incorrectly paid under title II by de- quarter that are attributable to the plan- that formerly received assistance under the creasing any amount which is payable to the ning, design, development, installation or program under part A the State share of the individual under title VIII.’’. enhancement of an automatic data proc- amounts collected pursuant to section 464 (9) REPRESENTATIVE PAYEE PROVISIONS OF essing and information retrieval system (in- that could have been retained as reimburse- TITLE XVI.—Section 1631(a)(2) of such Act (42 cluding in such sums the full cost of the ment for assistance paid to such families, U.S.C. 1383(a)(2)) is amended— hardware components of such system); and’; (A) in subparagraph (A)(iii), by inserting then the State share otherwise determined and’’. ‘‘or 807’’ after ‘‘205(j)(1)’’; for the fiscal year shall be increased by an (j) Section 457(a)(2)(B)(i)(I) of the Social (B) in subparagraph (B)(ii)(I), by inserting amount equal to 1⁄2 of the amount (if any) by Security Act (42 U.S.C. 657(a)(2)(B)(i)(I)) is ‘‘, title VIII,’’ before ‘‘or this title’’; which the State share for fiscal year 1995 ex- amended by striking ‘‘Act Reconciliation’’ (C) in subparagraph (B)(ii)(III), by insert- ceeds the State share for the fiscal year (de- and inserting ‘‘Reconciliation Act’’. ing ‘‘, 811,’’ before ‘‘or 1632’’; termined without regard to this sub- (k) Section 457 of the Social Security Act (42 U.S.C. 657) is amended by striking ‘‘Op- (D) in subparagraph (B)(ii)(IV)— section).’’. portunity Act’’ each place it appears and in- (i) by inserting ‘‘whether the designation (b) EFFECTIVE DATE.—The amendment serting ‘‘Opportunity Reconciliation Act’’. of such person as a representative payee has made by subsection (a) shall be effective with respect to calendar quarters occurring (l) Effective on the date of the enactment been revoked pursuant to section 807(a),’’ be- of this Act, section 404(e) of the Social Secu- fore ‘‘and whether certification’’; and during the period that begins on October 1, 1998, and ends on September 30, 2001. rity Act (42 U.S.C. 604(e)) is amended by in- (ii) by inserting ‘‘, title VIII,’’ before ‘‘or serting ‘‘or tribe’’ after ‘‘State’’ the first and this title’’; (c) REPEAL.—Effective October 1, 2001, sec- tion 457 of the Social Security Act (42 U.S.C. second places it appears, and by inserting (E) in subparagraph (B)(iii)(II), by insert- ‘‘or tribal’’ after ‘‘State’’ the third place it ing ‘‘the designation of such person as a rep- 657) is amended— (1) in subsection (a), by striking ‘‘sub- appears. resentative payee has been revoked pursuant (m) Section 466(a)(7)(A) of the Social Secu- to section 807(a),’’ before ‘‘or certification’’; sections (e) and (f)’’ and inserting ‘‘sub- sections (d) and (e)’’; rity Act (42 U.S.C. 666(a)(7)(A)) is amended by and striking ‘‘1681a(f))’’ and inserting (F) in subparagraph (D)(ii)(II)(aa), by in- (2) by striking subsection (d); (3) in subsection (e), by striking the second ‘‘1681a(f)))’’. serting ‘‘or 807’’ after ‘‘205(j)(4)’’. (n) Section 466(b)(6)(A) of the Social Secu- sentence; and (10) ADMINISTRATIVE OFFSET.—Section rity Act (42 U.S.C. 666(b)(6)(A)) is amended by (4) by redesignating subsections (e) and (f) 3716(c)(3)(C) of title 31, United States Code, is striking ‘‘state’’ and inserting ‘‘State’’. as subsections (d) and (e), respectively. amended— (o) Section 471(a)(8) of the Social Security (A) by striking ‘‘sections 205(b)(1)’’ and in- TITLE IV—TECHNICAL CORRECTIONS Act (42 U.S.C. 671(a)(8)) is amended by strik- serting ‘‘sections 205(b)(1), 809(a)(1),’’; and SEC. 401. TECHNICAL CORRECTIONS RELATING ing ‘‘(including activities under part F)’’. (B) by striking ‘‘either title II’’ and insert- TO AMENDMENTS MADE BY THE (p) Section 1137(a)(3) of the Social Security ing ‘‘title II, VIII,’’. PERSONAL RESPONSIBILITY AND Act (42 U.S.C. 1320b–7(a)(3)) is amended by WORK OPPORTUNITY RECONCILI- Subtitle C—Study striking ‘‘453A(a)(2)(B)(iii))’’ and inserting ATION ACT OF 1996. ‘‘453A(a)(2)(B)(ii)))’’. SEC. 261. STUDY OF DENIAL OF SSI BENEFITS (a) Section 402(a)(1)(B)(iv) of the Social Se- (q) Except as provided in subsection (l), the FOR FAMILY FARMERS. curity Act (42 U.S.C. 602(a)(1)(B)(iv)) is amendments made by this section shall take (a) IN GENERAL.—The Commissioner of So- amended by striking ‘‘Act’’ and inserting effect as if included in the enactment of the cial Security shall conduct a study of the ‘‘section’’. Personal Responsibility and Work Oppor- reasons why family farmers with resources (b) Section 409(a)(7)(B)(i)(II) of the Social tunity Reconciliation Act of 1996 (Public of less than $100,000 are denied supplemental Security Act (42 U.S.C. 609(a)(7)(B)(i)(II)) is Law 104–193; 110 Stat. 2105). security income benefits under title XVI of amended by striking ‘‘part’’ and inserting the Social Security Act, including whether ‘‘section’’. The bill was ordered to be engrossed the deeming process unduly burdens and dis- (c) Section 413(g)(1) of the Social Security and read a third time, was read the criminates against family farmers who do Act (42 U.S.C. 613(g)(1)) is amended by strik- third time, and passed, and a motion to not institutionalize a disabled dependent, ing ‘‘Act’’ and inserting ‘‘section’’. reconsider was laid on the table.

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HEALTHCARE RESEARCH AND LEY), the gentleman from Florida (Mr. The Secretary shall carry out this title act- QUALITY ACT OF 1999 BILIRAKIS), his staff, the Senate, par- ing through the Director. ‘‘(b) MISSION.—The purpose of the Agency ticularly the efforts of Senators JEF- Mr. BLILEY. Mr. Speaker, I ask is to enhance the quality, appropriateness, unanimous consent to take from the FORDS, FRIST, KENNEDY, and their staff, and effectiveness of health services, and ac- Speaker’s table the Senate bill (S. 580) especially the efforts of Ellie Dehoney cess to such services, through the establish- to amend title IX of the Public Health in my office. ment of a broad base of scientific research Service Act to revise and extend the Mr. Speaker, I recommend that this and through the promotion of improvements Agency for Healthcare Policy and Re- bill be adopted by unanimous consent in clinical and health system practices, in- search, and ask for its immediate con- in the House of Representatives. cluding the prevention of diseases and other sideration in the House. Mr. BILIRAKIS. Mr. Speaker, I am pleased health conditions. The Agency shall promote The Clerk read the title of the Senate to support consideration of S. 580, the health care quality improvement by con- Healthcare Research and Quality Act of 1999 ducting and supporting— bill. ‘‘(1) research that develops and presents The SPEAKER pro tempore. Is there by the House today. I introduced H.R. 2506 in scientific evidence regarding all aspects of objection to the request of the gen- the House on September 14, 1999. Following health care, including— tleman from Virginia? approval by my Subcommittee and the full ‘‘(A) the development and assessment of Mr. BROWN of Ohio. Mr. Speaker, re- Commerce Committee, the House voted over- methods for enhancing patient participation serving the right to object, I yield to whelmingly to pass H.R. 2506 on September in their own care and for facilitating shared the gentleman from Virginia (Mr. BLI- 28, 1999. patient-physician decision-making; LEY) for an explanation of his unani- Late last week, the Senate passed S. 580 ‘‘(B) the outcomes, effectiveness, and cost- mous consent request. by unanimous consent. The bill before us effectiveness of health care practices, includ- ing preventive measures and long-term care; Mr. BLILEY. Mr. Speaker, I thank today represents a bipartisan agreement be- the gentleman from Ohio for yielding ‘‘(C) existing and innovative technologies; tween the House and Senate authorizing com- ‘‘(D) the costs and utilization of, and ac- to me. mittees on a compromise version of the bills cess to health care; Mr. Speaker, S. 580 reauthorizes and previously approved by each body. This widely ‘‘(E) the ways in which health care services renames the Agency for Healthcare supported, bipartisan measure is critical to im- are organized, delivered, and financed and Policy and Research as the agency for proving the quality of health care in this coun- the interaction and impact of these factors Health Research and Quality, AHRQ. It try. The ‘‘Healthcare Research and Quality Act on the quality of patient care; also refocuses the Agency’s mission, of 1999’’ will significantly increase health care ‘‘(F) methods for measuring quality and strategies for improving quality; and which is to conduct and support re- research and science-based evidence to im- search on the quality, outcomes, cost, ‘‘(G) ways in which patients, consumers, prove the quality of patient care. purchasers, and practitioners acquire new in- and utilization of healthcare services, S. 580 reauthorizes the Agency for Health and access to those services. formation about best practices and health Care Policy and Research (AHCPR) for fiscal benefits, the determinants and impact of The agency will promote quality by years 2000–2005, renames it as the ‘‘Agency their use of this information; sharing information, build public-pri- for Healthcare Research and Quality,’’ and re- ‘‘(2) the synthesis and dissemination of vate partnerships to advance and share focuses the agency’s mission to become a available scientific evidence for use by pa- quality measures, report annually to focal point, and partner to the private sector, tients, consumers, practitioners, providers, Congress on the state of quality in the purchasers, policy makers, and educators; in supporting of health care research and Nation, support the evaluation of and state-of-the-art information systems quality improvement activities. ‘‘(3) initiatives to advance private and pub- Equally important, the bill authorizes critical for healthcare quality, support primary lic efforts to improve health care quality. care and access in underserved areas, funding for our nation’s children’s hospitals. I ‘‘(c) REQUIREMENTS WITH RESPECT TO RURAL AND INNER-CITY AREAS AND PRIORITY facilitate innovation in patient care was pleased to support the adoption of these provisions when this bill was previously con- POPULATIONS.— with streamlined assessment of new ‘‘(1) RESEARCH, EVALUATIONS AND DEM- technologies, coordinate quality im- sidered by the House. Passage of this legisla- tion today is an important step in ensuring that ONSTRATION PROJECTS.—In carrying out this provement efforts to avoid duplication, title, the Director shall conduct and support and facilitate utilization of preventa- America’s children’s hospitals receive the re- research and evaluations, and support dem- tive health services. sources that they need. onstration projects, with respect to— The bill also authorizes appropria- Mr. BROWN of Ohio. Mr. Speaker, I ‘‘(A) the delivery of health care in inner- tions for pediatric graduate medical withdraw my reservation of objection. city areas, and in rural areas (including fron- education in children’s hospitals. These The SPEAKER pro tempore. Is there tier areas); and ‘‘(B) health care for priority populations, represent important reforms. objection to the request of the gen- tleman from Virginia? which shall include— Mr. Speaker, I urge my colleagues to ‘‘(i) low-income groups; support this request. There was no objection. The Clerk read the Senate bill, as fol- ‘‘(ii) minority groups; Mr. BROWN of Ohio. Mr. Speaker, ‘‘(iii) women; further reserving my right to object, lows: ‘‘(iv) children; with that explanation, I want to asso- S. 580 ‘‘(v) the elderly; and ciate myself with the remarks of the Be it enacted by the Senate and House of ‘‘(vi) individuals with special health care gentleman from Virginia (Mr. BLILEY) Representatives of the United States of America needs, including individuals with disabilities to let my colleagues know that I sup- in Congress assembled, and individuals who need chronic care or port the adoption of S. 580. SECTION 1. SHORT TITLE. end-of-life health care. I am particularly pleased because one This Act may be cited as the ‘‘Healthcare ‘‘(2) PROCESS TO ENSURE APPROPRIATE RE- Research and Quality Act of 1999’’. SEARCH.—The Director shall establish a proc- of the key provisions in this bill is the ess to ensure that the requirements of para- SEC. 2. AMENDMENT TO THE PUBLIC HEALTH Graduate Medical Education Funding graph (1) are reflected in the overall port- for children’s hospitals. They will re- SERVICE ACT. (a) IN GENERAL.—Title IX of the Public folio of research conducted and supported by ceive actual dollars in fiscal year 2000 Health Service Act (42 U.S.C. 299 et seq.) is the Agency. if this authorization is enacted. We amended to read as follows: ‘‘(3) OFFICE OF PRIORITY POPULATIONS.—The have worked in a bipartisan manner in Director shall establish an Office of Priority ‘‘TITLE IX—AGENCY FOR HEALTHCARE Populations to assist in carrying out the re- this bill, and I am glad to see its inclu- RESEARCH AND QUALITY sion. quirements of paragraph (1). ‘‘PART A—ESTABLISHMENT AND GENERAL ‘‘SEC. 902. GENERAL AUTHORITIES. HCPR is needed to study key health DUTIES care issues as we go into the next cen- ‘‘(a) IN GENERAL.—In carrying out section ‘‘SEC. 901. MISSION AND DUTIES. 901(b), the Director shall conduct and sup- tury. These issues include access, cost, ‘‘(a) IN GENERAL.—There is established port research, evaluations, and training, sup- quality, and equity in virtually all as- within the Public Health Service an agency port demonstration projects, research net- pects of the health care system. to be known as the Agency for Healthcare works, and multi-disciplinary centers, pro- The true bipartisanship exhibited by Research and Quality, which shall be headed vide technical assistance, and disseminate the gentleman from Virginia (Mr. BLI- by a director appointed by the Secretary. information on health care and on systems

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30759 for the delivery of such care, including ac- prevailing disparities in health care delivery ‘‘(F) identifying and disseminating infor- tivities with respect to— as it relates to racial factors and socio- mation on mechanisms for the integration of ‘‘(1) the quality, effectiveness, efficiency, economic factors in priority populations. information on quality into purchaser and appropriateness and value of health care ‘‘PART B—HEALTH CARE IMPROVEMENT consumer decision-making processes. services; RESEARCH ‘‘(b) CENTERS FOR EDUCATION AND RE- ‘‘(2) quality measurement and improve- ‘‘SEC. 911. HEALTH CARE OUTCOME IMPROVE- SEARCH ON THERAPEUTICS.— ment; MENT RESEARCH. ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(3) the outcomes, cost, cost-effectiveness, ‘‘(a) EVIDENCE RATING SYSTEMS.—In col- through the Director and in consultation and use of health care services and access to laboration with experts from the public and with the Commissioner of Food and Drugs, such services; private sector, the Agency shall identify and shall establish a program for the purpose of ‘‘(4) clinical practice, including primary disseminate methods or systems to assess making one or more grants for the establish- care and practice-oriented research; health care research results, particularly ment and operation of one or more centers to ‘‘(5) health care technologies, facilities, methods or systems to rate the strength of carry out the activities specified in para- and equipment; the scientific evidence underlying health graph (2). ‘‘(6) health care costs, productivity, orga- care practice, recommendations in the re- ‘‘(2) REQUIRED ACTIVITIES.—The activities nization, and market forces; search literature, and technology assess- referred to in this paragraph are the fol- ‘‘(7) health promotion and disease preven- ments. The Agency shall make methods or lowing: tion, including clinical preventive services; systems for evidence rating widely available. ‘‘(A) The conduct of state-of-the-art re- ‘‘(8) health statistics, surveys, database de- Agency publications containing health care search for the following purposes: velopment, and epidemiology; and recommendations shall indicate the level of ‘‘(i) To increase awareness of— ‘‘(9) medical liability. substantiating evidence using such methods ‘‘(I) new uses of drugs, biological products, ‘‘(b) HEALTH SERVICES TRAINING GRANTS.— or systems. and devices; ‘‘(1) IN GENERAL.—The Director may pro- ‘‘(b) HEALTH CARE IMPROVEMENT RESEARCH ‘‘(II) ways to improve the effective use of vide training grants in the field of health CENTERS AND PROVIDER-BASED RESEARCH drugs, biological products, and devices; and services research related to activities au- NETWORKS.— ‘‘(III) risks of new uses and risks of com- thorized under subsection (a), to include pre- ‘‘(1) IN GENERAL.—In order to address the binations of drugs and biological products. and post-doctoral fellowships and training full continuum of care and outcomes re- ‘‘(ii) To provide objective clinical informa- programs, young investigator awards, and search, to link research to practice improve- tion to the following individuals and enti- other programs and activities as appropriate. ment, and to speed the dissemination of re- ties: search findings to community practice set- In carrying out this subsection, the Director ‘‘(I) Health care practitioners and other tings, the Agency shall employ research shall make use of funds made available providers of health care goods or services. strategies and mechanisms that will link re- under section 487(d)(3) as well as other appro- ‘‘(II) Pharmacists, pharmacy benefit man- search directly with clinical practice in geo- priated funds. agers and purchasers. graphically diverse locations throughout the ‘‘(2) REQUIREMENTS.—In developing prior- ‘‘(III) Health maintenance organizations United States, including— ities for the allocation of training funds and other managed health care organiza- ‘‘(A) health care improvement research under this subsection, the Director shall tions. centers that combine demonstrated multi- take into consideration shortages in the ‘‘(IV) Health care insurers and govern- disciplinary expertise in outcomes or quality number of trained researchers who are ad- mental agencies. improvement research with linkages to rel- dressing health care issues for the priority ‘‘(V) Patients and consumers. evant sites of care; ‘‘(iii) To improve the quality of health care populations identified in section 901(c)(1)(B) ‘‘(B) provider-based research networks, in- while reducing the cost of health care and in addition, shall take into consider- cluding plan, facility, or delivery system ation indications of long-term commitment, sites of care (especially primary care), that through— amongst applicants for training funds, to ad- can evaluate outcomes and evaluate and pro- ‘‘(I) an increase in the appropriate use of dressing health care needs of the priority mote quality improvement; and drugs, biological products, or devices; and populations. ‘‘(C) other innovative mechanisms or strat- ‘‘(II) the prevention of adverse effects of ‘‘(c) MULTIDISCIPLINARY CENTERS.—The Di- egies to link research with clinical practice. drugs, biological products, and devices and the consequences of such effects, such as un- rector may provide financial assistance to ‘‘(2) REQUIREMENTS.—The Director is au- assist in meeting the costs of planning and thorized to establish the requirements for necessary hospitalizations. establishing new centers, and operating ex- entities applying for grants under this sub- ‘‘(B) The conduct of research on the com- isting and new centers, for multidisciplinary section. parative effectiveness, cost-effectiveness, and safety of drugs, biological products, and health services research, demonstration ‘‘SEC. 912. PRIVATE-PUBLIC PARTNERSHIPS TO projects, evaluations, training, and policy IMPROVE ORGANIZATION AND DE- devices. analysis with respect to the matters referred LIVERY. ‘‘(C) Such other activities as the Secretary to in subsection (a). ‘‘(a) SUPPORT FOR EFFORTS TO DEVELOP IN- determines to be appropriate, except that a ‘‘(d) RELATION TO CERTAIN AUTHORITIES RE- FORMATION ON QUALITY.— grant may not be expended to assist the Sec- GARDING SOCIAL SECURITY.—Activities au- ‘‘(1) SCIENTIFIC AND TECHNICAL SUPPORT.— retary in the review of new drugs, biological thorized in this section shall be appro- In its role as the principal agency for health products, and devices. priately coordinated with experiments, dem- care research and quality, the Agency may ‘‘(c) REDUCING ERRORS IN MEDICINE.—The onstration projects, and other related activi- provide scientific and technical support for Director shall conduct and support research ties authorized by the Social Security Act private and public efforts to improve health and build private-public partnerships to— and the Social Security Amendments of 1967. care quality, including the activities of ac- ‘‘(1) identify the causes of preventable Activities under subsection (a)(2) of this sec- crediting organizations. health care errors and patient injury in tion that affect the programs under titles ‘‘(2) ROLE OF THE AGENCY.—With respect to health care delivery; XVIII, XIX and XXI of the Social Security paragraph (1), the role of the Agency shall ‘‘(2) develop, demonstrate, and evaluate Act shall be carried out consistent with sec- include— strategies for reducing errors and improving tion 1142 of such Act. ‘‘(A) the identification and assessment of patient safety; and ‘‘(e) DISCLAIMER.—The Agency shall not methods for the evaluation of the health of— ‘‘(3) disseminate such effective strategies mandate national standards of clinical prac- ‘‘(i) enrollees in health plans by type of throughout the health care industry. tice or quality health care standards. Rec- plan, provider, and provider arrangements; ‘‘SEC. 913. INFORMATION ON QUALITY AND COST ommendations resulting from projects fund- and OF CARE. ed and published by the Agency shall include ‘‘(ii) other populations, including those re- ‘‘(a) IN GENERAL.—The Director shall— a corresponding disclaimer. ceiving long-term care services; ‘‘(1) conduct a survey to collect data on a ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) the ongoing development, testing, and nationally representative sample of the pop- this section shall be construed to imply that dissemination of quality measures, including ulation on the cost, use and, for fiscal year the Agency’s role is to mandate a national measures of health and functional outcomes; 2001 and subsequent fiscal years, quality of standard or specific approach to quality ‘‘(C) the compilation and dissemination of health care, including the types of health measurement and reporting. In research and health care quality measures developed in care services Americans use, their access to quality improvement activities, the Agency the private and public sector; health care services, frequency of use, how shall consider a wide range of choices, pro- ‘‘(D) assistance in the development of im- much is paid for the services used, the source viders, health care delivery systems, and in- proved health care information systems; of those payments, the types and costs of dividual preferences. ‘‘(E) the development of survey tools for private health insurance, access, satisfac- ‘‘(g) ANNUAL REPORT.—Beginning with fis- the purpose of measuring participant and tion, and quality of care for the general pop- cal year 2003, the Director shall annually beneficiary assessments of their health care; ulation including rural residents and also for submit to the Congress a report regarding and populations identified in section 901(c); and

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‘‘(2) develop databases and tools that pro- propriate public and private sector entities ‘‘(2) CONSULTATIONS.—In carrying out this vide information to States on the quality, to facilitate public access to information re- subsection, the Director shall cooperate and access, and use of health care services pro- garding the quality of and consumer satis- consult with the Assistant Secretary for vided to their residents. faction with health care. Health, the Administrator of the Health Care ‘‘(b) QUALITY AND OUTCOMES INFORMA- ‘‘SEC. 915. RESEARCH SUPPORTING PRIMARY Financing Administration, the Director of TION.— CARE AND ACCESS IN UNDER- the National Institutes of Health, the Com- ‘‘(1) IN GENERAL.—Beginning in fiscal year SERVED AREAS. missioner of Food and Drugs, and the heads 2001, the Director shall ensure that the sur- ‘‘(a) PREVENTIVE SERVICES TASK FORCE.— of any other interested Federal department vey conducted under subsection (a)(1) will— ‘‘(1) ESTABLISHMENT AND PURPOSE.—The Di- or agency, and shall seek input, where appro- ‘‘(A) identify determinants of health out- rector may periodically convene a Preven- priate, from professional societies and other comes and functional status, including the tive Services Task Force to be composed of private and public entities. individuals with appropriate expertise. Such health care needs of populations identified in ‘‘(3) METHODOLOGY.—The Director shall, in a task force shall review the scientific evi- section 901(c), provide data to study the rela- developing the methods used under para- dence related to the effectiveness, appro- tionships between health care quality, out- graph (1), consider— priateness, and cost-effectiveness of clinical comes, access, use, and cost, measure ‘‘(A) safety, efficacy, and effectiveness; preventive services for the purpose of devel- changes over time, and monitor the overall ‘‘(B) legal, social, and ethical implications; oping recommendations for the health care national impact of Federal and State policy ‘‘(C) costs, benefits, and cost-effectiveness; community, and updating previous clinical changes on health care; ‘‘(D) comparisons to alternate health care preventive recommendations. ‘‘(B) provide information on the quality of practices and technologies; and ‘‘(2) ROLE OF AGENCY.—The Agency shall care and patient outcomes for frequently oc- ‘‘(E) requirements of Food and Drug Ad- curring clinical conditions for a nationally provide ongoing administrative, research, ministration approval to avoid duplication. representative sample of the population in- and technical support for the operations of cluding rural residents; and the Preventive Services Task Force, includ- ‘‘(c) SPECIFIC ASSESSMENTS.— ‘‘(C) provide reliable national estimates for ing coordinating and supporting the dissemi- ‘‘(1) IN GENERAL.—The Director shall con- children and persons with special health care nation of the recommendations of the Task duct or support specific assessments of needs through the use of supplements or Force. health care technologies and practices. periodic expansions of the survey. ‘‘(3) OPERATION.—In carrying out its re- ‘‘(2) REQUESTS FOR ASSESSMENTS.—The Di- In expanding the Medical Expenditure Panel sponsibilities under paragraph (1), the Task rector is authorized to conduct or support Survey, as in existence on the date of the en- Force is not subject to the provisions of Ap- assessments, on a reimbursable basis, for the actment of this title in fiscal year 2001 to pendix 2 of title 5, United States Code. Health Care Financing Administration, the ‘‘(b) PRIMARY CARE RESEARCH.— collect information on the quality of care, Department of Defense, the Department of ‘‘(1) IN GENERAL.—There is established the Director shall take into account any out- Veterans Affairs, the Office of Personnel within the Agency a Center for Primary Care comes measurements generally collected by Management, and other public or private en- Research (referred to in this subsection as private sector accreditation organizations. tities. the ‘Center’) that shall serve as the principal ‘‘(2) ANNUAL REPORT.—Beginning in fiscal ‘‘(3) GRANTS AND CONTRACTS.—In addition source of funding for primary care practice year 2003, the Secretary, acting through the to conducting assessments, the Director may research in the Department of Health and Director, shall submit to Congress an annual make grants to, or enter into cooperative Human Services. For purposes of this para- report on national trends in the quality of agreements or contracts with, entities de- graph, primary care research focuses on the health care provided to the American people. scribed in paragraph (4) for the purpose of first contact when illness or health concerns ‘‘SEC. 914. INFORMATION SYSTEMS FOR HEALTH conducting assessments of experimental, CARE IMPROVEMENT. arise, the diagnosis, treatment or referral to emerging, existing, or potentially outmoded ‘‘(a) IN GENERAL.—In order to foster a specialty care, preventive care, and the rela- health care technologies, and for related ac- range of innovative approaches to the man- tionship between the clinician and the pa- tivities. agement and communication of health infor- tient in the context of the family and com- ‘‘(4) ELIGIBLE ENTITIES.—An entity de- mation, the Agency shall conduct and sup- munity. scribed in this paragraph is an entity that is port research, evaluations, and initiatives to ‘‘(2) RESEARCH.—In carrying out this sec- determined to be appropriate by the Direc- advance— tion, the Center shall conduct and support tor, including academic medical centers, re- ‘‘(1) the use of information systems for the research concerning— search institutions and organizations, pro- study of health care quality and outcomes, ‘‘(A) the nature and characteristics of pri- fessional organizations, third party payers, including the generation of both individual mary care practice; governmental agencies, minority institu- provider and plan-level comparative per- ‘‘(B) the management of commonly occur- tions of higher education (such as Histori- formance data; ring clinical problems; cally Black Colleges and Universities, and ‘‘(2) training for health care practitioners ‘‘(C) the management of undifferentiated Hispanic institutions), and consortia of ap- and researchers in the use of information clinical problems; and propriate research entities established for systems; ‘‘(D) the continuity and coordination of the purpose of conducting technology assess- ‘‘(3) the creation of effective linkages be- health services. ments. tween various sources of health information, ‘‘SEC. 916. HEALTH CARE PRACTICE AND TECH- including the development of information NOLOGY INNOVATION. ‘‘(d) MEDICAL EXAMINATION OF CERTAIN VIC- networks; ‘‘(a) IN GENERAL.—The Director shall pro- TIMS.— ‘‘(4) the delivery and coordination of evi- mote innovation in evidence-based health ‘‘(1) IN GENERAL.—The Director shall de- dence-based health care services, including care practices and technologies by— velop and disseminate a report on evidence- the use of real-time health care decision-sup- ‘‘(1) conducting and supporting research on based clinical practices for— port programs; the development, diffusion, and use of health ‘‘(A) the examination and treatment by ‘‘(5) the utility and comparability of health care technology; health professionals of individuals who are information data and medical vocabularies ‘‘(2) developing, evaluating, and dissemi- victims of sexual assault (including child by addressing issues related to the content, nating methodologies for assessments of molestation) or attempted sexual assault; structure, definitions and coding of such in- health care practices and technologies; and formation and data in consultation with ap- ‘‘(3) conducting intramural and supporting ‘‘(B) the training of health professionals, in propriate Federal, State and private entities; extramural assessments of existing and new consultation with the Health Resources and ‘‘(6) the use of computer-based health health care practices and technologies; Services Administration, on performing records in all settings for the development of ‘‘(4) promoting education and training and medical evidentiary examinations of individ- personal health records for individual health providing technical assistance in the use of uals who are victims of child abuse or ne- assessment and maintenance, and for moni- health care practice and technology assess- glect, sexual assault, elder abuse, or domes- toring public health and outcomes of care ment methodologies and results; and tic violence. within populations; and ‘‘(5) working with the National Library of ‘‘(2) CERTAIN CONSIDERATIONS.—In identi- ‘‘(7) the protection of individually identifi- Medicine and the public and private sector to fying the issues to be addressed by the re- able information in health services research develop an electronic clearinghouse of cur- port, the Director shall, to the extent prac- and health care quality improvement. rently available assessments and those in ticable, take into consideration the expertise ‘‘(b) DEMONSTRATION.—The Agency shall progress. and experience of Federal and State law en- support demonstrations into the use of new ‘‘(b) SPECIFICATION OF PROCESS.— forcement officials regarding the victims re- information tools aimed at improving shared ‘‘(1) IN GENERAL.—Not later than December ferred to in paragraph (1), and of other ap- decision-making between patients and their 31, 2000, the Director shall develop and pub- propriate public and private entities (includ- care-givers. lish a description of the methods used by the ing medical societies, victim services organi- ‘‘(c) FACILITATING PUBLIC ACCESS TO INFOR- Agency and its contractors for health care zations, sexual assault prevention organiza- MATION.—The Director shall work with ap- practice and technology assessment. tions, and social services organizations).

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30761 ‘‘SEC. 917. COORDINATION OF FEDERAL GOVERN- Health and Human Services for the medi- chasers or individuals distinguished as ad- MENT QUALITY IMPROVEMENT EF- care, medicaid, and CHIP programs under ti- ministrators of health care delivery systems; FORTS. tles XVIII, XIX, and XXI of the Social Secu- ‘‘(F) three shall be individuals distin- ‘‘(a) REQUIREMENT.— rity Act; and guished in the fields of health care econom- ‘‘(1) IN GENERAL.—To avoid duplication and ‘‘(ii) not later than 24 months after the ics, information systems, law, ethics, busi- ensure that Federal resources are used effi- date of the enactment of this title, of a final ness, or public policy; and ciently and effectively, the Secretary, acting report containing recommendations. ‘‘(G) three shall be individuals representing through the Director, shall coordinate all re- ‘‘(B) REPORTS.—The Secretary shall submit the interests of patients and consumers of search, evaluations, and demonstrations re- the reports described in subparagraph (A) to health care. lated to health services research, quality the Committee on Finance and the Com- ‘‘(3) EX OFFICIO MEMBERS.—The Secretary measurement and quality improvement ac- mittee on Health, Education, Labor, and shall designate as ex officio members of the tivities undertaken and supported by the Pensions of the Senate and the Committee Advisory Council— Federal Government. on Ways and Means and the Committee on ‘‘(A) the Assistant Secretary for Health, ‘‘(2) SPECIFIC ACTIVITIES.—The Director, in Commerce of the House of Representatives. the Director of the National Institutes of collaboration with the appropriate Federal Health, the Director of the Centers for Dis- officials representing all concerned executive ‘‘PART C—GENERAL PROVISIONS ease Control and Prevention, the Adminis- agencies and departments, shall develop and ‘‘SEC. 921. ADVISORY COUNCIL FOR HEALTHCARE trator of the Health Care Financing Admin- manage a process to— RESEARCH AND QUALITY. istration, the Commissioner of the Food and ‘‘(A) improve interagency coordination, ‘‘(a) ESTABLISHMENT.—There is established priority setting, and the use and sharing of an advisory council to be known as the Na- Drug Administration, the Director of the Of- research findings and data pertaining to Fed- tional Advisory Council for Healthcare Re- fice of Personnel Management, the Assistant eral quality improvement programs, tech- search and Quality. Secretary of Defense (Health Affairs), and nology assessment, and health services re- ‘‘(b) DUTIES.— the Under Secretary for Health of the De- search; ‘‘(1) IN GENERAL.—The Advisory Council partment of Veterans Affairs; and ‘‘(B) strengthen the research information shall advise the Secretary and the Director ‘‘(B) such other Federal officials as the infrastructure, including databases, per- with respect to activities proposed or under- Secretary may consider appropriate. ‘‘(d) TERMS.— taining to Federal health services research taken to carry out the mission of the Agency and health care quality improvement initia- under section 901(b). ‘‘(1) IN GENERAL.—Members of the Advisory tives; ‘‘(2) CERTAIN RECOMMENDATIONS.—Activi- Council appointed under subsection (c)(2) ‘‘(C) set specific goals for participating ties of the Advisory Council under paragraph shall serve for a term of 3 years. agencies and departments to further health (1) shall include making recommendations to ‘‘(2) STAGGERED TERMS.—To ensure the services research and health care quality im- the Director regarding— staggered rotation of one-third of the mem- provement; and ‘‘(A) priorities regarding health care re- bers of the Advisory Council each year, the ‘‘(D) strengthen the management of Fed- search, especially studies related to quality, Secretary is authorized to appoint the initial eral health care quality improvement pro- outcomes, cost and the utilization of, and ac- members of the Advisory Council for terms grams. cess to, health care services; of 1, 2, or 3 years. ‘‘(b) STUDY BY THE INSTITUTE OF MEDI- ‘‘(B) the field of health care research and ‘‘(3) SERVICE BEYOND TERM.—A member of CINE.— related disciplines, especially issues related the Council appointed under subsection (c)(2) ‘‘(1) IN GENERAL.—To provide Congress, the to training needs, and dissemination of infor- may continue to serve after the expiration of Department of Health and Human Services, mation pertaining to health care quality; the term of the members until a successor is and other relevant departments with an and appointed. independent, external review of their quality ‘‘(C) the appropriate role of the Agency in ‘‘(e) VACANCIES.—If a member of the Advi- oversight, quality improvement and quality each of these areas in light of private sector sory Council appointed under subsection research programs, the Secretary shall enter activity and identification of opportunities (c)(2) does not serve the full term applicable into a contract with the Institute of Medi- for public-private sector partnerships. under subsection (d), the individual ap- cine— ‘‘(c) MEMBERSHIP.— pointed to fill the resulting vacancy shall be ‘‘(A) to describe and evaluate current qual- ‘‘(1) IN GENERAL.—The Advisory Council appointed for the remainder of the term of ity improvement, quality research and qual- shall, in accordance with this subsection, be the predecessor of the individual. ‘‘(f) CHAIR.—The Director shall, from ity monitoring processes through— composed of appointed members and ex offi- among the members of the Advisory Council ‘‘(i) an overview of pertinent health serv- cio members. All members of the Advisory appointed under subsection (c)(2), designate ices research activities and quality improve- Council shall be voting members other than an individual to serve as the chair of the Ad- ment efforts conducted by all Federal pro- the individuals designated under paragraph visory Council. grams, with particular attention paid to (3)(B) as ex officio members. ‘‘(g) MEETINGS.—The Advisory Council those under titles XVIII, XIX, and XXI of the ‘‘(2) APPOINTED MEMBERS.—The Secretary shall meet not less than once during each Social Security Act; and shall appoint to the Advisory Council 21 ap- discrete 4-month period and shall otherwise ‘‘(ii) a summary of the partnerships that propriately qualified individuals. At least 17 meet at the call of the Director or the chair. the Department of Health and Human Serv- members of the Advisory Council shall be ‘‘(h) COMPENSATION AND REIMBURSEMENT OF ices has pursued with private accreditation, representatives of the public who are not of- EXPENSES.— quality measurement and improvement or- ficers or employees of the United States and ‘‘(1) APPOINTED MEMBERS.—Members of the ganizations; and at least 1 member who shall be a specialist in Advisory Council appointed under subsection ‘‘(B) to identify options and make rec- the rural aspects of 1 or more of the profes- (c)(2) shall receive compensation for each ommendations to improve the efficiency and sions or fields described in subparagraphs (A) day (including travel time) engaged in car- effectiveness of quality improvement pro- through (G). The Secretary shall ensure that rying out the duties of the Advisory Council grams through— the appointed members of the Council, as a unless declined by the member. Such com- ‘‘(i) the improved coordination of activities group, are representative of professions and pensation may not be in an amount in excess across the medicare, medicaid and child entities concerned with, or affected by, ac- of the daily equivalent of the annual rate of health insurance programs under titles tivities under this title and under section basic pay prescribed for level IV of the Exec- XVIII, XIX and XXI of the Social Security 1142 of the Social Security Act. Of such utive Schedule under section 5315 of title 5, Act and health services research programs; members— United States Code, for each day during ‘‘(ii) the strengthening of patient choice ‘‘(A) three shall be individuals distin- which such member is engaged in the per- and participation by incorporating state-of- guished in the conduct of research, dem- formance of the duties of the Advisory Coun- the-art quality monitoring tools and making onstration projects, and evaluations with re- cil. information on quality available; and spect to health care; ‘‘(2) EX OFFICIO MEMBERS.—Officials des- ‘‘(iii) the enhancement of the most effec- ‘‘(B) three shall be individuals distin- ignated under subsection (c)(3) as ex officio tive programs, consolidation as appropriate, guished in the fields of health care quality members of the Advisory Council may not and elimination of duplicative activities research or health care improvement; receive compensation for service on the Ad- within various federal agencies. ‘‘(C) three shall be individuals distin- visory Council in addition to the compensa- ‘‘(2) REQUIREMENTS.— guished in the practice of medicine of which tion otherwise received for duties carried out ‘‘(A) IN GENERAL.—The Secretary shall at least one shall be a primary care practi- as officers of the United States. enter into a contract with the Institute of tioner; ‘‘(i) STAFF.—The Director shall provide to Medicine for the preparation— ‘‘(D) three shall be individuals distin- the Advisory Council such staff, information, ‘‘(i) not later than 12 months after the date guished in the other health professions; and other assistance as may be necessary to of the enactment of this title, of a report ‘‘(E) three shall be individuals either rep- carry out the duties of the Council. providing an overview of the quality im- resenting the private health care sector, in- ‘‘(j) DURATION.—Notwithstanding section provement programs of the Department of cluding health plans, providers, and pur- 14(a) of the Federal Advisory Committee Act,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30762 CONGRESSIONAL RECORD—HOUSE November 18, 1999 the Advisory Council shall continue in exist- ented or provider-based research, and for health care delivery and the general public, ence until otherwise provided by law. such other purposes as the Director may de- and undertake programs to develop new or ‘‘SEC. 922. PEER REVIEW WITH RESPECT TO termine to be appropriate. improved methods for making such informa- GRANTS AND CONTRACTS. ‘‘(e) REGULATIONS.—The Director shall tion available; and ‘‘(a) REQUIREMENT OF REVIEW.— issue regulations for the conduct of peer re- ‘‘(5) as appropriate, provide technical as- ‘‘(1) IN GENERAL.—Appropriate technical view under this section. sistance to State and local government and and scientific peer review shall be conducted ‘‘SEC. 923. CERTAIN PROVISIONS WITH RESPECT health agencies and conduct liaison activi- with respect to each application for a grant, TO DEVELOPMENT, COLLECTION, ties to such agencies to foster dissemination. cooperative agreement, or contract under AND DISSEMINATION OF DATA. ‘‘(b) PROHIBITION AGAINST RESTRICTIONS.— this title. ‘‘(a) STANDARDS WITH RESPECT TO UTILITY Except as provided in subsection (c), the Di- ‘‘(2) REPORTS TO DIRECTOR.—Each peer re- OF DATA.— rector may not restrict the publication or view group to which an application is sub- ‘‘(1) IN GENERAL.—To ensure the utility, ac- dissemination of data from, or the results of, mitted pursuant to paragraph (1) shall report curacy, and sufficiency of data collected by projects conducted or supported under this its finding and recommendations respecting or for the Agency for the purpose described title. the application to the Director in such form in section 901(b), the Director shall establish ‘‘(c) LIMITATION ON USE OF CERTAIN INFOR- and in such manner as the Director shall re- standard methods for developing and col- MATION.—No information, if an establish- quire. lecting such data, taking into consider- ment or person supplying the information or ‘‘(b) APPROVAL AS PRECONDITION OF ation— described in it is identifiable, obtained in the AWARDS.—The Director may not approve an ‘‘(A) other Federal health data collection course of activities undertaken or supported application described in subsection (a)(1) un- standards; and under this title may be used for any purpose less the application is recommended for ap- ‘‘(B) the differences between types of other than the purpose for which it was sup- proval by a peer review group established health care plans, delivery systems, health plied unless such establishment or person under subsection (c). care providers, and provider arrangements. has consented (as determined under regula- ‘‘(c) ESTABLISHMENT OF PEER REVIEW ‘‘(2) RELATIONSHIP WITH OTHER DEPARTMENT tions of the Director) to its use for such GROUPS.— PROGRAMS.—In any case where standards other purpose. Such information may not be ‘‘(1) IN GENERAL.—The Director shall estab- under paragraph (1) may affect the adminis- published or released in other form if the lish such technical and scientific peer review tration of other programs carried out by the person who supplied the information or who groups as may be necessary to carry out this Department of Health and Human Services, is described in it is identifiable unless such section. Such groups shall be established including the programs under title XVIII, person has consented (as determined under without regard to the provisions of title 5, XIX or XXI of the Social Security Act, or regulations of the Director) to its publica- United States Code, that govern appoint- may affect health information that is sub- tion or release in other form. ments in the competitive service, and with- ject to a standard developed under part C of ‘‘(d) PENALTY.—Any person who violates out regard to the provisions of chapter 51, title XI of the Social Security Act, they subsection (c) shall be subject to a civil mon- and subchapter III of chapter 53, of such title shall be in the form of recommendations to etary penalty of not more than $10,000 for that relate to classification and pay rates the Secretary for such program. each such violation involved. Such penalty under the General Schedule. ‘‘(b) STATISTICS AND ANALYSES.—The Direc- shall be imposed and collected in the same ‘‘(2) MEMBERSHIP.—The members of any tor shall— manner as civil money penalties under sub- peer review group established under this sec- ‘‘(1) take appropriate action to ensure that section (a) of section 1128A of the Social Se- tion shall be appointed from among individ- statistics and analyses developed under this curity Act are imposed and collected. uals who by virtue of their training or expe- title are of high quality, timely, and duly ‘‘SEC. 925. ADDITIONAL PROVISIONS WITH RE- rience are eminently qualified to carry out comprehensive, and that the statistics are SPECT TO GRANTS AND CONTRACTS. the duties of such peer review group. Officers specific, standardized, and adequately ana- ‘‘(a) FINANCIAL CONFLICTS OF INTEREST.— and employees of the United States may not lyzed and indexed; and With respect to projects for which awards of constitute more than 25 percent of the mem- ‘‘(2) publish, make available, and dissemi- grants, cooperative agreements, or contracts bership of any such group. Such officers and nate such statistics and analyses on as wide are authorized to be made under this title, employees may not receive compensation for a basis as is practicable. the Director shall by regulation define— service on such groups in addition to the ‘‘(c) AUTHORITY REGARDING CERTAIN RE- ‘‘(1) the specific circumstances that con- compensation otherwise received for these QUESTS.—Upon request of a public or private stitute financial interests in such projects duties carried out as such officers and em- entity, the Director may conduct or support that will, or may be reasonably expected to, ployees. research or analyses otherwise authorized by create a bias in favor of obtaining results in ‘‘(3) DURATION.—Notwithstanding section this title pursuant to arrangements under the projects that are consistent with such in- 14(a) of the Federal Advisory Committee Act, which such entity will pay the cost of the terests; and peer review groups established under this services provided. Amounts received by the ‘‘(2) the actions that will be taken by the section may continue in existence until oth- Director under such arrangements shall be Director in response to any such interests erwise provided by law. available to the Director for obligation until identified by the Director. ‘‘(4) QUALIFICATIONS.—Members of any expended. ‘‘(b) REQUIREMENT OF APPLICATION.—The peer-review group shall, at a minimum, meet ‘‘SEC. 924. DISSEMINATION OF INFORMATION. Director may not, with respect to any pro- the following requirements: ‘‘(a) IN GENERAL.—The Director shall— gram under this title authorizing the provi- ‘‘(A) Such members shall agree in writing ‘‘(1) without regard to section 501 of title sion of grants, cooperative agreements, or to treat information received, pursuant to 44, United States Code, promptly publish, contracts, provide any such financial assist- their work for the group, as confidential in- make available, and otherwise disseminate, ance unless an application for the assistance formation, except that this subparagraph in a form understandable and on as broad a is submitted to the Secretary and the appli- shall not apply to public records and public basis as practicable so as to maximize its cation is in such form, is made in such man- information. use, the results of research, demonstration ner, and contains such agreements, assur- ‘‘(B) Such members shall agree in writing projects, and evaluations conducted or sup- ances, and information as the Director deter- to recuse themselves from participation in ported under this title; mines to be necessary to carry out the pro- the peer-review of specific applications ‘‘(2) ensure that information disseminated gram involved. which present a potential personal conflict by the Agency is science-based and objective ‘‘(c) PROVISION OF SUPPLIES AND SERVICES of interest or appearance of such conflict, in- and undertakes consultation as necessary to IN LIEU OF FUNDS.— cluding employment in a directly affected assess the appropriateness and usefulness of ‘‘(1) IN GENERAL.—Upon the request of an organization, stock ownership, or any finan- the presentation of information that is tar- entity receiving a grant, cooperative agree- cial or other arrangement that might intro- geted to specific audiences; ment, or contract under this title, the Sec- duce bias in the process of peer-review. ‘‘(3) promptly make available to the public retary may, subject to paragraph (2), provide ‘‘(d) AUTHORITY FOR PROCEDURAL ADJUST- data developed in such research, demonstra- supplies, equipment, and services for the pur- MENTS IN CERTAIN CASES.—In the case of ap- tion projects, and evaluations; pose of aiding the entity in carrying out the plications for financial assistance whose di- ‘‘(4) provide, in collaboration with the Na- project involved and, for such purpose, may rect costs will not exceed $100,000, the Direc- tional Library of Medicine where appro- detail to the entity any officer or employee tor may make appropriate adjustments in priate, indexing, abstracting, translating, of the Department of Health and Human the procedures otherwise established by the publishing, and other services leading to a Services. Director for the conduct of peer review under more effective and timely dissemination of ‘‘(2) CORRESPONDING REDUCTION IN FUNDS.— this section. Such adjustments may be made information on research, demonstration With respect to a request described in para- for the purpose of encouraging the entry of projects, and evaluations with respect to graph (1), the Secretary shall reduce the individuals into the field of research, for the health care to public and private entities and amount of the financial assistance involved purpose of encouraging clinical practice-ori- individuals engaged in the improvement of by an amount equal to the costs of detailing

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personnel and the fair market value of any ‘‘(A) IN GENERAL.—Experts and consultants cy who were serving on the day before such supplies, equipment, or services provided by whose services are obtained under paragraph date of enactment. the Director. The Secretary shall, for the (1) shall be paid or reimbursed for their ex- (2) REFERENCES.—Any reference in law to payment of expenses incurred in complying penses associated with traveling to and from the Agency for Health Care Policy and Re- with such request, expend the amounts with- their assignment location in accordance with search is deemed to be a reference to the held. sections 5724, 5724a(a), 5724a(c), and 5726(c) of Agency for Healthcare Research and Quality, ‘‘(d) APPLICABILITY OF CERTAIN PROVISIONS title 5, United States Code. and any reference in law to the Adminis- WITH RESPECT TO CONTRACTS.—Contracts ‘‘(B) LIMITATION.—Expenses specified in trator for Health Care Policy and Research may be entered into under this part without subparagraph (A) may not be allowed in con- is deemed to be a reference to the Director of regard to sections 3648 and 3709 of the Re- nection with the assignment of an expert or the Agency for Healthcare Research and vised Statutes (31 U.S.C. 529 and 41 U.S.C. 5). consultant whose services are obtained under Quality. ‘‘SEC. 926. CERTAIN ADMINISTRATIVE AUTHORI- paragraph (1) unless and until the expert SEC. 3. GRANTS REGARDING UTILIZATION OF TIES. agrees in writing to complete the entire pe- PREVENTIVE HEALTH SERVICES. ‘‘(a) DEPUTY DIRECTOR AND OTHER OFFICERS riod of assignment, or 1 year, whichever is Subpart I of part D of title III of the Public AND EMPLOYEES.— shorter, unless separated or reassigned for Health Service Act (42 U.S.C. 254b et seq.) is ‘‘(1) DEPUTY DIRECTOR.—The Director may reasons that are beyond the control of the amended by adding at the end the following appoint a deputy director for the Agency. expert or consultant and that are acceptable section: ‘‘(2) OTHER OFFICERS AND EMPLOYEES.—The to the Secretary. If the expert or consultant ‘‘SEC. 330D. CENTERS FOR STRATEGIES ON FA- Director may appoint and fix the compensa- violates the agreement, the money spent by CILITATING UTILIZATION OF PRE- tion of such officers and employees as may the United States for the expenses specified VENTIVE HEALTH SERVICES AMONG be necessary to carry out this title. Except in subparagraph (A) is recoverable from the VARIOUS POPULATIONS. as otherwise provided by law, such officers expert or consultant as a statutory obliga- ‘‘(a) IN GENERAL.—The Secretary, acting and employees shall be appointed in accord- tion owed to the United States. The Sec- through the appropriate agencies of the Pub- ance with the civil service laws and their retary may waive in whole or in part a right lic Health Service, shall make grants to pub- compensation fixed in accordance with title of recovery under this subparagraph. lic or nonprofit private entities for the es- 5, United States Code. ‘‘(g) VOLUNTARY AND UNCOMPENSATED tablishment and operation of regional cen- ters whose purpose is to develop, evaluate, ‘‘(b) FACILITIES.—The Secretary, in car- SERVICES.—The Director, in carrying out rying out this title— this title, may accept voluntary and uncom- and disseminate effective strategies, which ‘‘(1) may acquire, without regard to the pensated services. utilize quality management measures, to as- sist public and private health care programs Act of March 3, 1877 (40 U.S.C. 34), by lease or ‘‘SEC. 927. FUNDING. and providers in the appropriate utilization otherwise through the Administrator of Gen- ‘‘(a) INTENT.—To ensure that the United eral Services, buildings or portions of build- States investment in biomedical research is of preventive health care services by specific ings in the District of Columbia or commu- rapidly translated into improvements in the populations. ‘‘(b) RESEARCH AND TRAINING.—The activi- nities located adjacent to the District of Co- quality of patient care, there must be a cor- ties carried out by a center under subsection lumbia for use for a period not to exceed 10 responding investment in research on the (a) may include establishing programs of re- years; and most effective clinical and organizational search and training with respect to the pur- ‘‘(2) may acquire, construct, improve, re- strategies for use of these findings in daily pose described in such subsection, including pair, operate, and maintain laboratory, re- practice. The authorization levels in sub- the development of curricula for training in- search, and other necessary facilities and sections (b) and (c) provide for a propor- dividuals in implementing the strategies de- equipment, and such other real or personal tionate increase in health care research as veloped under such subsection. property (including patents) as the Secretary the United States investment in biomedical ‘‘(c) PRIORITY REGARDING INFANTS AND deems necessary. research increases. CHILDREN.—In carrying out the purpose de- ROVISION OF FINANCIAL ASSISTANCE.— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) P scribed in subsection (a), the Secretary shall The Director, in carrying out this title, may For the purpose of carrying out this title, give priority to various populations of in- make grants to public and nonprofit entities there are authorized to be appropriated fants, young children, and their mothers. $250,000,000 for fiscal year 2000, and such sums and individuals, and may enter into coopera- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tive agreements or contracts with public and as may be necessary for each of the fiscal For the purpose of carrying out this section, private entities and individuals. years 2001 through 2005. there are authorized to be appropriated such ‘‘(c) EVALUATIONS.—In addition to amounts ‘‘(d) UTILIZATION OF CERTAIN PERSONNEL sums as may be necessary for each of the fis- available pursuant to subsection (b) for car- AND RESOURCES.— cal years 2000 through 2004.’’. ‘‘(1) DEPARTMENT OF HEALTH AND HUMAN rying out this title, there shall be made available for such purpose, from the amounts SEC. 4. PROGRAM OF PAYMENTS TO CHILDREN’S SERVICES.—The Director, in carrying out this HOSPITALS THAT OPERATE GRAD- title, may utilize personnel and equipment, made available pursuant to section 241 (re- UATE MEDICAL EDUCATION PRO- facilities, and other physical resources of the lating to evaluations), an amount equal to 40 GRAMS. Department of Health and Human Services, percent of the maximum amount authorized Part D of title III of the Public Health permit appropriate (as determined by the in such section 241 to be made available for Service Act (42 U.S.C. 254b et seq.) is amend- Secretary) entities and individuals to utilize a fiscal year. ed by adding at the end the following sub- the physical resources of such Department, ‘‘SEC. 928. DEFINITIONS. part: and provide technical assistance and advice. ‘‘In this title: ‘‘Subpart IX—Support of Graduate Medical ‘‘(2) OTHER AGENCIES.—The Director, in ‘‘(1) ADVISORY COUNCIL.—The term ‘Advi- Education Programs in Children’s Hospitals carrying out this title, may use, with their sory Council’ means the National Advisory ‘‘SEC. 340E. PROGRAM OF PAYMENTS TO CHIL- consent, the services, equipment, personnel, Council on Healthcare Research and Quality DREN’S HOSPITALS THAT OPERATE information, and facilities of other Federal, established under section 921. GRADUATE MEDICAL EDUCATION State, or local public agencies, or of any for- ‘‘(2) AGENCY.—The term ‘Agency’ means PROGRAMS. eign government, with or without reimburse- the Agency for Healthcare Research and ‘‘(a) PAYMENTS.—The Secretary shall make ment of such agencies. Quality. two payments under this section to each ‘‘(e) CONSULTANTS.—The Secretary, in car- ‘‘(3) DIRECTOR.—The term ‘Director’ means children’s hospital for each of fiscal years rying out this title, may secure, from time the Director of the Agency for Healthcare 2000 and 2001, one for the direct expenses and to time and for such periods as the Director Research and Quality.’’. the other for indirect expenses associated deems advisable but in accordance with sec- (b) RULES OF CONSTRUCTION.— with operating approved graduate medical tion 3109 of title 5, United States Code, the (1) IN GENERAL.—Section 901(a) of the Pub- residency training programs. assistance and advice of consultants from lic Health Service Act (as added by sub- ‘‘(b) AMOUNT OF PAYMENTS.— the United States or abroad. section (a) of this section) applies as a redes- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(f) EXPERTS.— ignation of the agency that carried out title the amounts payable under this section to a ‘‘(1) IN GENERAL.—The Secretary may, in IX of such Act on the day before the date of children’s hospital for an approved graduate carrying out this title, obtain the services of the enactment of this Act, and not as the medical residency training program for a fis- not more than 50 experts or consultants who termination of such agency and the estab- cal year are each of the following amounts: have appropriate scientific or professional lishment of a different agency. The amend- ‘‘(A) DIRECT EXPENSE AMOUNT.—The qualifications. Such experts or consultants ment made by subsection (a) of this section amount determined under subsection (c) for shall be obtained in accordance with section does not affect appointments of the per- direct expenses associated with operating ap- 3109 of title 5, United States Code, except sonnel of such agency who were employed at proved graduate medical residency training that the limitation in such section on the the agency on the day before such date, in- programs. duration of service shall not apply. cluding the appointments of members of ad- ‘‘(B) INDIRECT EXPENSE AMOUNT.—The ‘‘(2) TRAVEL EXPENSES.— visory councils or study sections of the agen- amount determined under subsection (d) for

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30764 CONGRESSIONAL RECORD—HOUSE November 18, 1999 indirect expenses associated with the treat- the average of the standardized per resident Security Act and shall be subject to review ment of more severely ill patients and the amounts computed under subparagraph (C) under that section in the same manner as additional costs relating to teaching resi- for such hospitals, with the amount for each the amount of payment under section 1886(d) dents in such programs. hospital weighted by the average number of of such Act is subject to review under such ‘‘(2) CAPPED AMOUNT.— full-time equivalent residents at such hos- section. ‘‘(A) IN GENERAL.—The total of the pay- pital. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ments made to children’s hospitals under ‘‘(E) APPLICATION TO INDIVIDUAL HOS- ‘‘(1) DIRECT GRADUATE MEDICAL EDU- paragraph (1)(A) or paragraph (1)(B) in a fis- PITALS.—The Secretary shall compute for CATION.— cal year shall not exceed the funds appro- each such hospital that is a children’s hos- ‘‘(A) IN GENERAL.—There are hereby au- priated under paragraph (1) or (2), respec- pital a per resident amount— thorized to be appropriated, out of any tively, of subsection (f) for such payments ‘‘(i) by dividing the national average per money in the Treasury not otherwise appro- for that fiscal year. resident amount computed under subpara- priated, for payments under subsection ‘‘(B) PRO RATA REDUCTIONS OF PAYMENTS graph (D) into a wage-related portion and a (b)(1)(A)— FOR DIRECT EXPENSES.—If the Secretary de- non-wage-related portion by applying the ‘‘(i) for fiscal year 2000, $90,000,000; and termines that the amount of funds appro- proportion determined under subparagraph ‘‘(ii) for fiscal year 2001, $95,000,000. priated under subsection (f)(1) for a fiscal (B); ‘‘(B) CARRYOVER OF EXCESS.—The amounts year is insufficient to provide the total ‘‘(ii) by multiplying the wage-related por- appropriated under subparagraph (A) for fis- amount of payments otherwise due for such tion by the factor described in subparagraph cal year 2000 shall remain available for obli- periods under paragraph (1)(A), the Secretary (C)(ii) for the hospital’s area; and gation through the end of fiscal year 2001. shall reduce the amounts so payable on a pro ‘‘(iii) by adding the non-wage-related por- ‘‘(2) INDIRECT MEDICAL EDUCATION.—There rata basis to reflect such shortfall. tion to the amount computed under clause are hereby authorized to be appropriated, ‘‘(c) AMOUNT OF PAYMENT FOR DIRECT (ii). out of any money in the Treasury not other- GRADUATE MEDICAL EDUCATION.— ‘‘(F) UPDATING RATE.—The Secretary shall wise appropriated, for payments under sub- ‘‘(1) IN GENERAL.—The amount determined update such per resident amount for each section (b)(1)(A)— under this subsection for payments to a chil- such children’s hospital by the estimated ‘‘(A) for fiscal year 2000, $190,000,000; and dren’s hospital for direct graduate expenses percentage increase in the consumer price ‘‘(B) for fiscal year 2001, $190,000,000. relating to approved graduate medical resi- index for all urban consumers during the pe- ‘‘(g) DEFINITIONS.—In this section: dency training programs for a fiscal year is riod beginning October 1997 and ending with ‘‘(1) APPROVED GRADUATE MEDICAL RESI- equal to the product of— the midpoint of the hospital’s cost reporting DENCY TRAINING PROGRAM.—The term ‘ap- ‘‘(A) the updated per resident amount for period that begins during fiscal year 2000. proved graduate medical residency training program’ has the meaning given the term direct graduate medical education, as deter- ‘‘(d) AMOUNT OF PAYMENT FOR INDIRECT ‘approved medical residency training pro- mined under paragraph (2); and MEDICAL EDUCATION.— gram’ in section 1886(h)(5)(A) of the Social ‘‘(B) the average number of full-time ‘‘(1) IN GENERAL.—The amount determined equivalent residents in the hospital’s grad- under this subsection for payments to a chil- Security Act. uate approved medical residency training dren’s hospital for indirect expenses associ- ‘‘(2) CHILDREN’S HOSPITAL.—The term ‘chil- programs (as determined under section ated with the treatment of more severely ill dren’s hospital’ means a hospital described 1886(h)(4) of the Social Security Act during patients and the additional costs related to in section 1886(d)(1)(B)(iii) of the Social Se- the fiscal year. the teaching of residents for a fiscal year is curity Act. ‘‘(3) DIRECT GRADUATE MEDICAL EDUCATION ‘‘(2) UPDATED PER RESIDENT AMOUNT FOR DI- equal to an amount determined appropriate COSTS.—The term ‘direct graduate medical RECT GRADUATE MEDICAL EDUCATION.—The up- by the Secretary. education costs’ has the meaning given such dated per resident amount for direct grad- ‘‘(2) FACTORS.—In determining the amount uate medical education for a hospital for a under paragraph (1), the Secretary shall— term in section 1886(h)(5)(C) of the Social Se- fiscal year is an amount determined as fol- ‘‘(A) take into account variations in case curity Act.’’. lows: mix among children’s hospitals and the num- SEC. 5. STUDY REGARDING SHORTAGES OF LI- CENSED PHARMACISTS. ‘‘(A) DETERMINATION OF HOSPITAL SINGLE ber of full-time equivalent residents in the (a) IN GENERAL.—The Secretary of Health PER RESIDENT AMOUNT.—The Secretary shall hospitals’ approved graduate medical resi- and Human Services (in this section referred compute for each hospital operating an ap- dency training programs; and to as the ‘‘Secretary’’), acting through the proved graduate medical education program ‘‘(B) assure that the aggregate of the pay- appropriate agencies of the Public Health (regardless of whether or not it is a chil- ments for indirect expenses associated with Service, shall conduct a study to determine dren’s hospital) a single per resident amount the treatment of more severely ill patients whether and to what extent there is a short- equal to the average (weighted by number of and the additional costs related to the teach- age of licensed pharmacists. In carrying out full-time equivalent residents) of the pri- ing of residents under this section in a fiscal the study, the Secretary shall seek the com- mary care per resident amount and the non- year are equal to the amount appropriated ments of appropriate public and private enti- primary care per resident amount computed for such expenses for the fiscal year involved ties regarding any such shortage. under section 1886(h)(2) of the Social Secu- under subsection (f)(2). (b) REPORT TO CONGRESS.—Not later than 1 rity Act for cost reporting periods ending ‘‘(e) MAKING OF PAYMENTS.— year after the date of the enactment of this during fiscal year 1997. ‘‘(1) INTERIM PAYMENTS.—The Secretary Act, the Secretary shall complete the study ‘‘(B) DETERMINATION OF WAGE AND NON- shall determine, before the beginning of each under subsection (a) and submit to the Con- WAGE-RELATED PROPORTION OF THE SINGLE fiscal year involved for which payments may gress a report that describes the findings PER RESIDENT AMOUNT.—The Secretary shall be made for a hospital under this section, the made through the study and that contains a estimate the average proportion of the single amounts of the payments for direct graduate summary of the comments received by the per resident amounts computed under sub- medical education and indirect medical edu- Secretary pursuant to such subsection. paragraph (A) that is attributable to wages cation for such fiscal year and shall (subject SEC. 6. REPORT ON TELEMEDICINE. and wage-related costs. to paragraph (2)) make the payments of such Not later than January 10, 2001, the Sec- ‘‘(C) STANDARDIZING PER RESIDENT amounts in 26 equal interim installments retary of Health and Human Services shall AMOUNTS.—The Secretary shall establish a during such period. submit to the Congress a report that— standardized per resident amount for each ‘‘(2) WITHHOLDING.—The Secretary shall (1) identifies any factors that inhibit the such hospital— withhold up to 25 percent from each interim expansion and accessibility of telemedicine ‘‘(i) by dividing the single per resident installment for direct graduate medical edu- services, including factors relating to tele- amount computed under subparagraph (A) cation paid under paragraph (1). medicine networks; into a wage-related portion and a non-wage- ‘‘(3) RECONCILIATION.—At the end of each (2) identifies any factors that, in addition related portion by applying the proportion fiscal year for which payments may be made to geographical isolation, should be used to determined under subparagraph (B); under this section, the hospital shall submit determine which patients need or require ac- ‘‘(ii) by dividing the wage-related portion to the Secretary such information as the cess to telemedicine care; by the factor applied under section Secretary determines to be necessary to de- (3) determines the extent to which— 1886(d)(3)(E) of the Social Security Act for termine the percent (if any) of the total (A) patients receiving telemedicine service discharges occurring during fiscal year 1999 amount withheld under paragraph (2) that is have benefited from the services, and are sat- for the hospital’s area; and due under this section for the hospital for isfied with the treatment received pursuant ‘‘(iii) by adding the non-wage-related por- the fiscal year. Based on such determination, to the services; and tion to the amount computed under clause the Secretary shall recoup any overpay- (B) the medical outcomes for such patients (ii). ments made, or pay any balance due. The would have differed if telemedicine services ‘‘(D) DETERMINATION OF NATIONAL AVER- amount so determined shall be considered a had not been available to the patients; AGE.—The Secretary shall compute a na- final intermediary determination for pur- (4) determines the extent to which physi- tional average per resident amount equal to poses of applying section 1878 of the Social cians involved with telemedicine services

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30765 have been satisfied with the medical aspects Mr. Speaker, under my reservation, I Shrouded by these stirring statistics, is the fact of the services; yield to the gentlewoman from New that women encounter numerous obstacles (5) determines the extent to which primary York (Mrs. KELLY) to explain her unan- trying to start, maintain or expand a busi- care physicians are enhancing their medical imous consent request. knowledge and experience through the inter- ness—obstacles which must be eliminated if action with specialists provided by telemedi- b 1945 we are ever to realize the full potential of this dynamic sector of our economy. cine consultations; and Mrs. KELLY. Mr. Speaker, the pur- (6) identifies legal and medical issues relat- In my particular District, there exists several ing to State licensing of health professionals pose of S. 791 is to allow for currently entities that help women’s small businesses that are presented by telemedicine services, funded Women’s Business Centers and expand, in some instances, get started. I am and provides any recommendations of the graduated Business Women’s Centers very proud of these organizations for their Secretary for responding to such issues. to recompete for Federal funding. S. dedication and hard work. In a very orderly SEC. 7. CERTAIN TECHNOLOGIES AND PRAC- 791 addresses the funding constraints and organized way, without a lot of overhead, TICES REGARDING SURVIVAL RATES that make it increasingly difficult for women’s business centers, by various names, FOR CARDIAC ARREST. Women’s Business Centers to sustain The Secretary of Health and Human Serv- are helping women who have an idea about a ices shall, in consultation with the Adminis- the level of services they provide and, small business, providing them with technical trator of the General Services Administra- in some instances, to remain open after assistance, in some instances to provide micro tion and other appropriate public and private they graduate from the Women’s Busi- loans, and in all instances to provide the entities, develop recommendations regarding ness Centers Program and no longer re- knowledge and wherewithal and planning that the placement of automatic external ceive Federal matching funds. is necessary so that they start off on the right defibrillators in Federal buildings as a Mr. TALENT. Mr. Speaker, I rise today in means of improving the survival rates of in- foot. Therefore, Mr. Speaker, I urge all mem- support of Senate Bill 791, ‘‘The Women’s bers to vote for this mindfall, well thought out dividuals who experience cardiac arrest in Business Centers Sustainability Act of 1999.’’ such buildings, including recommendations bill and support our Nation’s women’s busi- on training, maintenance, and medical over- Women-owned businesses are the fastest nesses. sight, and on coordinating with the system growing sector of small business in America Mr. UDALL of New Mexico. Mr. for emergency medical services. today. In fact, women entrepreneurs are start- Speaker, I withdraw my reservation of The Senate bill was ordered to be ing new firms at twice the rate of all other objection. read a third time, was read the third business and own nearly 40 percent of all The SPEAKER pro tempore (Mr. time, and passed, and a motion to re- firms in the U.S. PEASE). Is there objection to the re- consider was laid on the table. These strong numbers show the success quest of the gentlewoman from New that women entrepreneurs enjoy, but anyone f York? who has ever started a new business, knows There was no objection. GENERAL LEAVE that the road is not always smooth. Women’s The Clerk read the Senate bill, as fol- Mr. BLILEY. Mr. Speaker, I ask Business Centers play a major role in making lows: unanimous consent that all Members that road to success a little less bumpy. Wom- S. 791 en’s Business Centers, like the public-private may have 5 legislative days within Be it enacted by the Senate and House of Rep- which to revise and extend their re- partnership of the St. Louis Women’s Busi- resentatives of the United States of America in marks on the Senate bill, S. 580, and to ness Center in my District, play a major role Congress assembled, insert extraneous material thereon. in assisting women entrepreneurs establish SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there strong business plans through courses, work- This Act may be cited as the ‘‘Women’s objection to the request of the gen- shops, mentor services and provide access to Business Centers Sustainability Act of 1999’’. tleman from Virginia? financing for building businesses. SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS. There was no objection. H.R. 1497 builds upon the legislation we Section 29 of the Small Business Act (15 U.S.C. 656) is amended— f passed earlier this year to help grow the num- ber of Women’s Business Centers across the (1) in subsection (a)— WOMEN’S BUSINESS CENTERS nation. But as with anything, we must continue (A) by redesignating paragraphs (2) and (3) SUSTAINABILITY ACT OF 1999 to take a well-balanced approach that allows as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the fol- Mrs. KELLY. Mr. Speaker, I ask successful centers to continue to compete for lowing: unanimous consent to take from the funding as they make the transition to the pri- ‘‘(2) the term ‘private nonprofit organiza- Speaker’s table the Senate bill (S. 791) vate sector. The Women’s Business Center tion’ means an entity that is described in to amend the Small Business Act with Sustainability Act makes it possible for Cen- section 501(c) of the Internal Revenue Code respect to the women’s business center ters like the St. Louis Women’s Business Cen- of 1986 and exempt from taxation under sec- program, and ask for its immediate ter to have a sort of safety net as they make tion 501(a) of such Code;’’; and consideration in the House. that transition at the end of their 5-year grant (2) in subsection (b), by inserting ‘‘non- The Clerk read the title of the Senate cycle. profit’’ after ‘‘private’’. bill. Mr. Speaker, Women’s Business Centers SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF WOMEN’S BUSINESS The SPEAKER pro tempore. Is there contribute to the success of thousands of CENTERS. objection to the request of the gentle- women entrepreneurs by offering the critical Section 29 of the Small Business Act (15 woman from New York? community support necessary for them to suc- U.S.C. 656) is amended— Mr. UDALL of New Mexico. Mr. ceed in today’s business world. As more and (1) by striking subsection (h) and inserting Speaker, reserving the right to object, more women decide to be their own boss, the following: I do not intend to object, but I rise in Women’s Business Centers will provide them ‘‘(h) PROGRAM EXAMINATION.— strong support of Senate bill S. 791, the with the resources and training they need. I ‘‘(1) IN GENERAL.—The Administration Women’s Business Centers Sustain- shall— commend the spirit and innovation of all those ‘‘(A) develop and implement an annual pro- ability Act of 1999. This is the Senate whose entrepreneurial spirit has made Amer- grammatic and financial examination of version of H.R. 491, which the House re- ica great and I urge my colleagues to support each women’s business center established cently passed under suspension. With passage of the Women’s Business Center pursuant to this section, pursuant to which the passage of this bill, we will ensure Sustainability Act. each such center shall provide to the Admin- that the women’s business centers keep Mr. DAVIS of Illinois. Mr. Speaker, I rise in istration— their doors open, and that the program support of S. 791 the Women’s Business Cen- ‘‘(i) an itemized cost breakdown of actual will continue to grow with new centers ters Sustainability Act. Women entrepreneurs expenditures for costs incurred during the in previously underserved areas. preceding year; and are an increasingly significant part of the U.S. ‘‘(ii) documentation regarding the amount Mr. Speaker, I would also like to economy. Women own more than 8 million of matching assistance from non-Federal thank the gentlewoman from New businesses and account for approximately sources obtained and expended by the center York (Mrs. KELLY) for all her hard one-third of all U.S. businesses and are start- during the preceding year in order to meet work and leadership on this bill. ing businesses at twice the rate of men. the requirements of subsection (c) and, with

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respect to any in-kind contributions de- ‘‘(2) CONDITIONS FOR PARTICIPATION.—In ‘‘(B) DATA COLLECTION.—Consistent with scribed in subsection (c)(2) that were used to order to receive a sustainability grant, an the annual report to Congress under sub- satisfy the requirements of subsection (c), organization described in paragraph (1) shall section (j), each women’s business center site verification of the existence and valuation of submit to the Administration an application, that is awarded a sustainability grant shall, those contributions; and which shall include— to the maximum extent practicable, collect ‘‘(B) analyze the results of each such exam- ‘‘(A) a certification that the applicant— information relating to— ination and, based on that analysis, make a ‘‘(i) is a private nonprofit organization; ‘‘(i) the number of individuals assisted; determination regarding the programmatic ‘‘(ii) employs a full-time executive director ‘‘(ii) the number of hours of counseling and and financial viability of each women’s busi- or program manager to manage the center; training provided and workshops conducted; ness center. and ‘‘(iii) the number of startup business con- ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— ‘‘(iii) as a condition of receiving a sustain- cerns formed; In determining whether to award a contract ability grant, agrees— ‘‘(iv) any available gross receipts of as- (as a sustainability grant) under subsection ‘‘(I) to a site visit as part of the final selec- sisted concerns; and (l) or to renew a contract (either as a grant tion process and to an annual programmatic ‘‘(v) the number of jobs created, main- or cooperative agreement) under this section and financial examination; and tained, or lost at assisted concerns. with a women’s business center, the Admin- ‘‘(II) to the maximum extent practicable, ‘‘(C) RECORD RETENTION.—The Administra- istration— to remedy any problems identified pursuant tion shall maintain a copy of each applica- ‘‘(A) shall consider the results of the most to that site visit or examination; tion submitted under this subsection for not recent examination of the center under para- ‘‘(B) information demonstrating that the less than 10 years. graph (1); and applicant has the ability and resources to ‘‘(4) NON-FEDERAL CONTRIBUTION.— ‘‘(B) may withhold such award or renewal, meet the needs of the market to be served by ‘‘(A) IN GENERAL.—Notwithstanding any if the Administration determines that— the women’s business center site for which a other provision of this section, as a condi- ‘‘(i) the center has failed to provide any in- sustainability grant is sought, including the tion of receiving a sustainability grant, an formation required to be provided under ability to fundraise; organization described in paragraph (1) shall clause (i) or (ii) of paragraph (1)(A), or the ‘‘(C) information relating to assistance agree to obtain, after its application has information provided by the center is inad- provided by the women’s business center site been approved under paragraph (3) and notice equate; or for which a sustainability grant is sought in of award has been issued, cash and in-kind ‘‘(ii) the center has failed to provide any the area in which the site is located, includ- contributions from non-Federal sources for information required to be provided by the ing— each year of additional program participa- center for purposes of the report of the Ad- ‘‘(i) the number of individuals assisted; tion in an amount equal to 1 non-Federal ministration under subsection (j), or the in- ‘‘(ii) the number of hours of counseling, dollar for each Federal dollar. formation provided by the center is inad- training, and workshops provided; and ‘‘(B) FORM OF NON-FEDERAL CONTRIBU- equate.’’; and ‘‘(iii) the number of startup business con- TIONS.—Not more than 50 percent of the non- (2) by striking subsection (j) and inserting cerns formed; Federal assistance obtained for purposes of the following: ‘‘(D) information demonstrating the effec- subparagraph (A) may be in the form of in- ‘‘(j) MANAGEMENT REPORT.— tive experience of the applicant in— kind contributions that are budget line ‘‘(1) IN GENERAL.—The Administration ‘‘(i) conducting financial, management, items only, including office equipment and shall prepare and submit to the Committees on Small Business of the House of Represent- and marketing assistance programs, as de- office space. atives and the Senate a report on the effec- scribed in paragraphs (1), (2), and (3) of sub- ‘‘(5) TIMING OF REQUESTS FOR PROPOSALS.— tiveness of all projects conducted under this section (b), designed to impart or upgrade In carrying out this subsection, the Adminis- section. the business skills of women business owners tration shall issue requests for proposals for or potential owners; women’s business centers applying for the ‘‘(2) CONTENTS.—Each report submitted under paragraph (1) shall include informa- ‘‘(ii) providing training and services to a pilot program under this subsection simulta- tion concerning, with respect to each wom- representative number of women who are neously with requests for proposals for en’s business center established pursuant to both socially and economically disadvan- grants under subsection (b).’’. this section— taged; (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) the number of individuals receiving ‘‘(iii) using resource partners of the Ad- Section 29(k) of the Small Business Act (15 assistance; ministration and other entities, such as uni- U.S.C. 656(k)) is amended— ‘‘(B) the number of startup business con- versities; (1) by striking paragraph (1) and inserting cerns formed; ‘‘(iv) complying with the cooperative the following: ‘‘(C) the gross receipts of assisted concerns; agreement of the applicant; and ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(D) the employment increases or de- ‘‘(v) the prudent management of finances appropriated, to remain available until the creases of assisted concerns; and staffing, including the manner in which expiration of the pilot program under sub- ‘‘(E) to the maximum extent practicable, the performance of the applicant compared section (l)— increases or decreases in profits of assisted to the business plan of the applicant and the ‘‘(A) $12,000,000 for fiscal year 2000; concerns; and manner in which grant funds awarded under ‘‘(B) $12,800,000 for fiscal year 2001; ‘‘(F) the most recent analysis, as required subsection (b) were used by the applicant; ‘‘(C) $13,700,000 for fiscal year 2002; and under subsection (h)(1)(B), and the subse- and ‘‘(D) $14,500,000 for fiscal year 2003.’’; quent determination made by the Adminis- ‘‘(E) a 5-year plan that projects the ability (2) in paragraph (2)— tration under that subsection.’’. of the women’s business center site for which (A) by striking ‘‘Amounts made’’ and in- SEC. 4. WOMEN’S BUSINESS CENTERS SUSTAIN- a sustainability grant is sought— serting the following: ABILITY PILOT PROGRAM. ‘‘(i) to serve women business owners or po- ‘‘(A) IN GENERAL.—Except as provided in (a) IN GENERAL.—Section 29 of the Small tential owners in the future by improving subparagraph (B), amounts made’’; and Business Act (15 U.S.C. 656) is amended by fundraising and training activities; and (B) by adding at the end the following: adding at the end the following: ‘‘(ii) to provide training and services to a ‘‘(B) EXCEPTIONS.—Of the amount made ‘‘(l) SUSTAINABILITY PILOT PROGRAM.— representative number of women who are available under this subsection for a fiscal ‘‘(1) IN GENERAL.—There is established a 4- both socially and economically disadvan- year, the following amounts shall be avail- year pilot program under which the Adminis- taged. able for selection panel costs, post-award tration is authorized to award grants (re- ‘‘(3) REVIEW OF APPLICATIONS.— conference costs, and costs related to moni- ferred to in this section as ‘sustainability ‘‘(A) IN GENERAL.—The Administration toring and oversight: grants’) on a competitive basis for an addi- shall— ‘‘(i) For fiscal year 2000, 2 percent. tional 5-year project under this section to ‘‘(i) review each application submitted ‘‘(ii) For fiscal year 2001, 1.9 percent. any private nonprofit organization (or a divi- under paragraph (2) based on the information ‘‘(iii) For fiscal year 2002, 1.9 percent. sion thereof)— provided under in subparagraphs (D) and (E) ‘‘(iv) For fiscal year 2003, 1.6 percent.’’; and ‘‘(A) that has received financial assistance of that paragraph, and the criteria set forth (3) by adding at the end the following: under this section pursuant to a grant, con- in subsection (f); ‘‘(4) RESERVATION OF FUNDS FOR SUSTAIN- tract, or cooperative agreement; and ‘‘(ii) as part of the final selection process, ABILITY PILOT PROGRAM.— ‘‘(B) that— conduct a site visit at each women’s business ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(i) is in the final year of a 5-year project; center for which a sustainability grant is (B), of the total amount made available or sought; and under this subsection for a fiscal year, the ‘‘(ii) has completed a project financed ‘‘(iii) approve or disapprove applications following amounts shall be reserved for sus- under this section (or any predecessor to this for sustainability grants simultaneously tainability grants under subsection (l): section) and continues to provide assistance with applications for grants under sub- ‘‘(i) For fiscal year 2000, 17 percent. to women entrepreneurs. section (b). ‘‘(ii) For fiscal year 2001, 18.8 percent.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30767 ‘‘(iii) For fiscal year 2002, 30.2 percent. (B) any recommended means to increase structure be discharged from further ‘‘(iv) For fiscal year 2003, 30.2 percent. the number of Federal contracts awarded to consideration of the Senate bill (S. ‘‘(B) USE OF UNAWARDED FUNDS FOR SUS- women-owned small businesses that the 1595) to designate the United States TAINABILITY PILOT PROGRAM GRANTS.—If the Comptroller General considers to be appro- courthouse at 401 West Washington amount reserved under subparagraph (A) for priate, after taking into consideration any any fiscal year is not fully awarded to pri- suggestions received pursuant to a solicita- Street in Phoenix, Arizona, as the vate nonprofit organizations described in tion described in paragraph (2), including ‘‘Sandra Day O’Connor United States subsection (l)(1)(B), the Administration is any such means that incorporate the con- Courthouse’’, and ask for its immediate authorized to use the unawarded amount to cepts of teaming or partnering; and consideration in the House. fund additional women’s business center (C) a discussion of any barriers to the re- The Clerk read the title of the Senate sites or to increase funding of existing wom- ceipt of Federal contracts by women-owned bill. en’s business center sites under subsection small businesses and other small businesses The SPEAKER pro tempore. Is there (b).’’. that are created by legal or regulatory pro- objection to the request of the gen- (c) GUIDELINES.—Not later than 30 days curement requirements or practices. after the date of enactment of this Act, the tleman from Louisiana? SEC. 6. EFFECTIVE DATE. Administrator of the Small Business Admin- Mr. OBERSTAR. Mr. Speaker, reserv- istration shall issue guidelines to implement This Act and the amendments made by ing the right to object, and I shall not this Act shall take effect on October 1, 1999. the amendments made by this section. object, but I will ask the gentleman SEC. 5. SENSE OF THE SENATE REGARDING GOV- The Senate bill was ordered to be from Louisiana for an explanation of ERNMENT PROCUREMENT ACCESS read a third time, was read the third the bill. FOR WOMEN-OWNED SMALL BUSI- time, and passed, and a motion to re- NESSES. Mr. COOKSEY. Mr. Speaker, will the (a) FINDINGS.—The Senate finds that— consider was laid on the table. gentleman yield? (1) women-owned small businesses are a f Mr. OBERSTAR. I yield to the gen- powerful force in the economy; CORRECTING ENROLLMENT OF tleman from Louisiana. (2) between 1987 and 1996— Mr. COOKSEY. Mr. Speaker, I thank (A) the number of women-owned small H.R. 1180, TICKET TO WORK AND businesses in the United States increased by WORK INCENTIVES IMPROVE- the gentleman for yielding to me. 78 percent, almost twice the rate of increase MENT ACT OF 1999 Mr. Speaker, S. 1595 designates the of all businesses in the United States; United States courthouse in Phoenix, (B) the number of women-owned small Mr. ROGERS. Mr. Speaker, I ask Arizona, as the Sandra Day O’Connor businesses increased in every State; unanimous consent to take from the United States Courthouse. This legisla- (C) total sales by women-owned small busi- Speaker’s table the concurrent resolu- tion was introduced by Senator KYL nesses in the United States increased by 236 tion (H. Con. Res. 236) to correct the and passed the Senate on October 8. percent; enrollment of the bill H.R. 1180, and Sandra Day O’Connor grew up on a (D) employment provided by women-owned ask for its immediate consideration in ranch founded by her grandfather in small businesses in the United States in- the House. southeastern Arizona. The ranch house creased by 183 percent; and The Clerk read the title of the con- (E) the rates of growth for women-owned was a simple four bedroom adobe that small businesses in the United States for the current resolution. did not have running water or elec- fastest growing industries were— The SPEAKER pro tempore. Is there tricity until she was 7. Justice O’Con- (i) 171 percent in construction; objection to the request of the gen- nor stayed with her grandmother and (ii) 157 percent in wholesale trade; tleman from Kentucky? attended school in El Paso, Texas, (iii) 140 percent in transportation and com- There was no objection. until she graduated at the age of 16. munications; The Clerk read the concurrent reso- She then entered Stanford University (iv) 130 percent in agriculture; and lution, as follows: (v) 112 percent in manufacturing; and in 1950 earned a degree in econom- H. CON. RES. 236 (3) approximately 8,000,000 women-owned ics, graduating magna cum laude. Upon small businesses in the United States pro- Resolved by the House of Representatives (the graduation, she entered Stanford Law vide jobs for 15,500,000 individuals and gen- Senate concurring), That, in the enrollment of School and graduated third in her class erate almost $1,400,000,000,000 in sales each the bill (H.R. 1180), to amend the Social Se- in 1952. year; curity Act to expand the availability of Justice O’Connor accepted a position (4) the participation of women-owned small health care coverage for working individuals as deputy county attorney in San with disabilities, to establish a Ticket to businesses in the United States in the pro- Mateo, California. On her experience in curement market of the Federal Government Work and Self-Sufficiency Program in the is limited; Social Security Administration to provide San Mateo, Justice O’Connor was (5) the Federal Government is the largest such individuals with meaningful opportuni- quoted as saying the job ‘‘influenced purchaser of goods and services in the United ties to work, and for other purposes, the the balance of my life because it dem- States, spending more than $200,000,000,000 Clerk of the House of Representatives shall onstrated how much I did enjoy public each year; make the following correction: Strike sec- service.’’ She then spent 3 years in (6) the majority of Federal Government tion 408 and insert in lieu thereof the fol- Frankfurt, Germany, as a civilian law- purchases are for items that cost $25,000 or lowing: yer for the Quartermaster Corps while less; and ‘‘CLIMATE DATABASE MODERNIZATION her husband was serving in the United (7) the rate of Federal procurement for ‘‘SEC. 408. Notwithstanding any other pro- States Army Judge Advocate General women-owned small businesses is 2.2 percent. vision of law, the National Oceanic and At- (b) SENSE OF THE SENATE.—It is the sense Corps. mospheric Administration shall initiative a In 1957, Sandra Day O’Connor and her of the Senate that, not later than 1 year new competitive contract procurement for after the date of enactment of this Act, the its multi-year program for key entry of valu- husband returned to the United States Comptroller General of the United States able climate records, archive services, and and settled in Maricopa County, Ari- should— database development in accordance with ex- zona. While maintaining a partnership (1) conduct an audit of the Federal pro- isting federal procurement laws and regula- in her law firm and raising her three curement system regarding Federal con- tions.’’ tracting involving women-owned small busi- children, O’Connor wrote questions for nesses for the 3 preceding fiscal years; The concurrent resolution was agreed the Arizona bar exam, helped start the (2) solicit from Federal employees involved to. State’s lawyer referral service, sat on in the Federal procurement system any sug- A motion to reconsider was laid on the zoning commission, served on the gestions regarding how to increase the num- the table. County Board of Adjustments and Ap- ber of Federal contracts awarded to women- f peals, served on the Governor’s Com- owned small businesses; and mittee on Marriage and Family, (3) submit to Congress a report on the re- SANDRA DAY O’CONNOR UNITED worked as an administrative assistant sults of that audit, which report shall in- STATES COURTHOUSE clude— on the Arizona State Hospital, was an (A) an analysis of any identified trends in Mr. COOKSEY. Mr. Speaker, I ask adviser to the Salvation Army, and Federal contracting with respect to women- unanimous consent that the Com- volunteered in schools for African owned small businesses; mittee on Transportation and Infra- American and Hispanic children.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30768 CONGRESSIONAL RECORD—HOUSE November 18, 1999 In 1965, Justice O’Connor became an that Ronald Reagan appointed her to that I support S. 1595 in honor of Justice assistant State attorney general and the United States Supreme Court as O’Connor, and urge my colleagues to join me. continued her volunteer work. In 1969, the first woman Justice on that court, Mr. Speaker, I would like to further she was appointed to fill a vacated seat I am thrilled that she continues to do add to the comments of the gentleman in the State senate. She won reelection Arizona well and to demonstrate the from Arizona who listed a number of in two successive terms and served as leadership of the women of Arizona and women who serve in public office. The majority leader in 1972. In 1974, O’Con- the women of this Nation, and I simply State of Arizona is very privileged to nor was elected to a State judgeship on wanted to express my sincere apprecia- have my cousin, Rose Oberstar, serve the Maricopa County Superior Court tion and thanks to both the chairman as its governor. before being appointed to the Arizona and the ranking member of the com- Mr. Speaker, I withdraw my reserva- Court of Appeals. mittee for allowing this legislation to tion of objection. In 1981, while serving in the Court of proceed through this evening. The SPEAKER pro tempore. Is there Appeals, Ronald Reagan fulfilled his Mr. OBERSTAR. Mr. Speaker, fur- objection to the request of the gen- campaign pledge of nominating a fe- ther reserving the right to object, I tleman from Louisiana? male justice to sit on the Supreme join with delight in supporting this leg- There was no objection. Court and nominated Sandra Day islation to honor the first woman to The Clerk read the Senate bill, as fol- O’Connor. Justice O’Connor was con- serve on the Supreme Court, Justice lows: firmed 99 to 0 by the Senate as the Su- O’Connor, who has indeed distinguished S. 1595 preme Court’s first female justice. herself. I have had the delight and Be it enacted by the Senate and House of Rep- Justice O’Connor has had a major im- privilege of meeting and visiting with resentatives of the United States of America in pact on the court and has distinguished her on several occasions. Congress assembled, herself as a justice, a public servant, Mr. Speaker, I rise in strong support of this SECTION 1. DESIGNATION OF SANDRA DAY volunteer and mother. This naming is a bill, which designates the courthouse at 401 O’CONNOR UNITED STATES COURT- fitting honor to a person who has dedi- West Washington Street in Phoenix, Arizona, HOUSE. cated her life in so many ways to pub- The United States courthouse at 401 West as the Sandra Day O’Connor United States Washington Street in Phoenix, Arizona, shall lic service. I support the bill and urge Courthouse. be known and designated as the ‘‘Sandra Day my colleagues to support it as well. Justice O’Connor is the first woman to serve O’Connor United States Courthouse’’. Mr. OBERSTAR. Mr. Speaker, fur- on the Supreme Court. She was nominated by SEC. 2. REFERENCES. ther reserving the right to object, I President Reagan and was confirmed by a Any reference in a law, map, regulation, yield to the gentleman from Arizona unanimous vote of the U.S. Senate in Sep- document, paper, or other record of the (Mr. SHADEGG). tember of 1981. Ever since, she has served United States to the United States court- Mr. SHADEGG. Mr. Speaker, I thank as a distinguished jurist on our Nation’s high- house referred to in section 1 shall be deemed the gentleman for yielding, and I sim- est court. to be a reference to the ‘‘Sandra Day O’Con- ply want to add a few remarks for the In addition to her outstanding legal career nor United States Courthouse’’. record. and dedication to judicial excellence, Justice The Senate bill was ordered to be I want to thank the chairman of the O’Connor also devotes many hours as a vol- read a third time, was read the third committee, the ranking member of the unteer for various charitable organizations, time, and passed, and a motion to re- committee, and all those involved in and she has a long history of participation in consider was laid on the table. this effort. S. 1595 is a fitting tribute to numerous civic and legal organizations. f Justice Sandra Day O’Connor, a native Justice O’Connor has spent her career serv- ROBERT C. WEAVER FEDERAL of Arizona and a woman who has dis- ing the public trust. She began her public ca- BUILDING tinguished herself. reer in legislative positions, including serving As my colleagues know, we have con- in the Arizona State Senate from 1969 until Mr. COOKSEY. Mr. Speaker, I ask structed a new United States court- 1975, during which time she served as major- unanimous consent to take from the house in Phoenix, Arizona, and many ity leader and a member of the Arizona Advi- Speaker’s table the Senate bill (S. 67) of us active on this issue have been sory Council on Intergovernmental Relations. to designate the headquarters building most anxious to designate this court- Earlier in her career, from 1952 to 1953, Jus- of the Department of Housing and house and to name it after Justice San- tice O’Connor served the public in California Urban Development in Washington, dra Day O’Connor. As my colleague, as the Deputy County Attorney in San Mateo District of Columbia, as the ‘‘Robert C. the gentleman from Louisiana (Mr. County, and as Assistant Attorney General in Weaver Federal Building’’, and ask for COOKSEY), has just recited, her career Arizona from 1965 until 1969. its immediate consideration in the has been a distinguished one. Her civic activities are numerous and reflect House. For a moment I would like to brag her broad interests and public services. She is The Clerk read the title of the Senate about the fact that Arizona has many a member of the National Board of the Smith- bill. women leaders. Five of the top elected sonian; she is President of the Board of Trust- The SPEAKER pro tempore. Is there officials in Arizona today are women, ees of the Heard Museum; and she serves on objection to the request of the gen- including our governor, our secretary the Advisory Board of the Salvation Army. tleman from Louisiana? of State, our attorney general, our su- Justice O’Connor has been Vice President of Mr. OBERSTAR. Mr. Speaker, reserv- perintendent of public instruction, and the National Conference of Christians and ing the right to object, and I shall not our State treasurer. But before they Jews, and a member of the Board of Trustees object, but take this reservation for were elected as distinguished women of her alma matter, Stanford. She has worked the purpose of an explanation of the leaders of Arizona, Justice O’Connor with the Arizona Academy, Arizona Junior bill. was a distinguished member of the Ari- Achievement, and Phoenix Historical Society. Mr. COOKSEY. Mr. Speaker, will the zona bar, and my colleague, the gen- Justice O’Connor has been active in the gentleman yield? tleman from Louisiana (Mr. COOKSEY), training and education committees for the judi- Mr. OBERSTAR. I yield to the gen- has read off a litany of her accomplish- cial conference, and holds memberships in the tleman from Louisiana. ments. America Bar Association and several state as- Mr. COOKSEY. Mr. Speaker, I thank I simply want to say that as a young sociations. the gentleman for yielding to me. man growing up in Phoenix and taking Amid all these accomplishments, Justice Mr. Speaker, S. 67 designates the the Arizona bar and some of the ques- O’Connor has also been a devoted wife and headquarters building of the Depart- tions that Justice O’Connor wrote, she mother. She and her husband, John, have ment of Housing and Urban Develop- went on to distinguish herself and to been married almost 50 years and have three ment in Washington, D.C. as the Rob- set an example which I believe all peo- sons. ert C. Weaver Federal Building. ple should follow, and to distinguish Her life has been filled with challenge, hard Robert C. Weaver was born on De- herself in the legal field. I am thrilled work, and promise. It is with great pleasure cember 23, 1907 in Washington, D.C. He

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30769 attended Harvard University and memorative Award, the New York City Urban chairman of the committee for an ex- earned three degrees, including a doc- League Frederick Douglass Award, and New planation of the bill. torate in economics. In the 1930s and York University’s Robert F. Wagner Public Mr. SHUSTER. Mr. Speaker, will the 1940s, Dr. Weaver was involved in many Service Award. gentleman yield? government agencies, where he advo- Dr. Weaver led a rich, full life marked by Mr. OBERSTAR. I yield to the gen- cated racial equality. professional accomplishments and excellence. tleman from Pennsylvania. In the early 1960s, President KENNEDY His legacy in public service is a model for all Mr. SHUSTER. Mr. Speaker, I thank appointed Dr. Weaver administrator of of us. It is fitting and proper to honor Dr. Wea- the gentleman for yielding to me. the Housing and Home Financing ver with this designation and I join with the This bill creates a new Federal Motor Agency, the predecessor to the Depart- Gentleman from New York, Mr. RANGEL, the Carrier Safety Administration within ment of Housing and Urban Develop- sponsor of the House’s companion bill, in sup- the Department of Transportation and ment. President JOHNSON designated porting S. 67. makes significant safety improve- HUD a Cabinet-level agency. Following Mr. Speaker, I withdraw my reserva- ments. It is a good bipartisan bill that service in the Federal Government, Mr. tion of objection. will improve safety on our Nation’s Weaver became a professor of numer- The SPEAKER pro tempore. Is there highways. ous colleges. objection to the request of the gen- Mr. Speaker, this bill will make our roads Dr. Weaver passed away in July of tleman from Louisiana? safer for everyone. We owe it to the driving 1997. This is a fitting designation. I There was no objection. public to ensure that the trucks with which support the bill and urge my colleagues The Clerk read the Senate bill, as fol- they share the road are safe. to support it. lows: Without hampering honest operators, this Mr. OBERSTAR. Mr. Speaker, fur- S. 67 bill will ensure that the authorities will have the ther reserving the right to object, I too Be it enacted by the Senate and House of resources they need to keep unsafe buses rise in support of S. 67 to designate the Representatives of the United States of America and trucks off the road. It closes loopholes HUD headquarters as the Robert C. in Congress assembled, and imposes tough penalties on repeat offend- Weaver Federal Building. SECTION 1. DESIGNATION OF ROBERT C. WEAVER ers. I have had the privilege, as a member FEDERAL BUILDING. In honor of the first Secretary of Housing This bill doubles the number of State truck of the staff of my predecessor, to meet and Urban Development, the headquarters inspectors and puts more inspectors on the Bob Weaver; and I have only the high- building of the Department of Housing and Mexican border to ensure that income Mexi- est respect for his professional accom- Urban Development located at 451 Seventh can trucks meet all U.S. safety standards. plishments and for Dr. Weaver as a Street, SW., in Washington, District of Co- This is a time-sensitive bill because trucking very decent, warm, caring, energetic, lumbia, shall be known and designated as the safety currently does not have an organiza- hard working, and visionary human ‘‘Robert C. Weaver Federal Building’’. tional home at the Department of Transpor- being. SEC. 2. REFERENCES. tation. Dr. Robert Clifton Weaver has been one of Any reference in a law, map, regulation, It is temporarily housed in the Office of the the most instrumental and influential Ameri- document, paper, or other record of the Secretary. United States to the building referred to in cans in directing and administering federal section 1 shall be deemed to be a reference to This bill will create a new Federal Motor housing policies. Dr. Weaver was a native the ‘‘Robert C. Weaver Federal Building’’. Carrier Safety Administration effective January Washingtonian, a graduate of Dunbar High The Senate bill was ordered to be 1, 2000. School, and Harvard University in 1929. In read a third time, was read the third If Congress does not enact this bill, truck 1931 he received his Masters degree, and in time, and passed, and a motion to re- safety will remain in limbo at the Department. This is truly a comprehensive bill that re- 1934 his Ph.D. in economics from Harvard. consider was laid on the table. He entered government in 1933, as one of forms Federal motor carrier safety efforts. the young professionals who were drawn to f This new agency will be dedicated to truck Washington because of the ‘‘New Deal’’ pro- GENERAL LEAVE and bus safety. In the past, motor carrier safe- grams of President Roosevelt. Mr. COOKSEY. Mr. Speaker, I ask ty oversight was housed in the Federal High- He quickly became a leader in promoting unanimous consent that all Members way Administration, where it had to compete opportunities and efforts to increase minority may have 5 legislative days within with large Federal infrastructure programs for participation in government projects and policy which to revise and extend their re- attention. development. During the 1940’s and 1950’s, marks and include extraneous material The complexity and growth of the trucking Dr. Weaver held a variety of prestigious posi- on S. 1595 and S. 67, the measures just industry justifies the creation of an agency tions, including Director of the Opportunity Fel- considered by the House. with a clear, preeminent safety mission fo- lowship Program of the John Hay Whitney The SPEAKER pro tempore. Is there cused on truck and bus safety. Truck safety Foundation, consultant to the Ford Founda- objection to the request of the gen- will now have the same status within the De- tion, State of New York Rent Administrator, tleman from Louisiana? partment as aviation safety, automobile safety, and in 1960 he became the Vice Chairman of There was no objection. pipeline safety, and maritime safety. When this bill passed last month, some in the New York City Housing and Redevelop- f ment Board. the media said the bill would overturn NAFTA. In 1961, President Kennedy named Dr. MOTOR CARRIER SAFETY Amazingly enough, they were wrong. This bill Weaver as the Administrator of the Housing IMPROVEMENT ACT OF 1999 gives the Secretary the power to shut down and Home Finance Agency, then a loose col- Mr. SHUSTER. Mr. Speaker, I ask unsafe Mexican trucks coming into the U.S.— lection of agencies including the mortgage-in- unanimous consent that the Com- that is it. To ensure this bill has no effect on suring Federal Housing Administration. mittee on Transportation and Infra- NAFTA, we have included language that Dr. Weaver worked tirelessly to mold the structure be discharged from further states that nothing in today’s bill will over-ride agency into a single organization with a uni- consideration of the bill (H.R. 3419) to NAFTA. fied goal. In 1966, when the Department of amend title 49, United States Code, to This is the most significant motor carrier Housing and Urban Development (HUD) was establish the Federal Motor Carrier safety legislation since 1986. formed by President Johnson, Dr. Weaver was Safety Administration, and for other This bill was developed between the House designated its first Secretary, the first African- purposes, and ask for its immediate and the Senate. American to hold a cabinet-level position. consideration in the House. It is very similar to the truck safety bill After his service at HUD, Dr. Weaver re- The Clerk read the title of the bill. passed earlier this year by the House of Rep- turned to academic life and served as the The SPEAKER pro tempore. Is there resentatives by the overwhelming margin of President of Baruch College in New York City. objection to the request of the gen- 415 to 5. Dr. Weaver was the recipient of numerous tleman from Pennsylvania? It is my hope that if the House passes this awards and honors, including the NAACP’s Mr. OBERSTAR. Mr. Speaker, reserv- bill today that the Senate will pass it before Springarn Medal, the Albert Einstein Com- ing the right to object, I would ask the the Congress adjourns.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00134 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.004 H18NO9 30770 CONGRESSIONAL RECORD—HOUSE November 18, 1999 This bill is a pro-safety bill that will improve want to commend the gentleman and Committee, have concluded that the federal highway safety for all Americans. thank him once again for the tremen- government’s program to ensure the safety of I urge passage of the bill. dous bipartisan support which we have motor carriers has major deficiencies. Their Mr. OBERSTAR. Mr. Speaker, fur- had on our committee. studies found that DOT has not been conduc- ther reserving the right to object, I am Mr. OBERSTAR. Mr. Speaker, re- tion enough commercial vehicle and driver in- very pleased with this bill. The Motor claiming my time under my reserva- spections; and that the penalties imposed for Carrier Safety Improvement Act of 1999 tion of objection, I thank the gen- violations are too low to deter future violations. is a good bill. It preserves all the tleman and am certainly glad he cited The studies also found that DOT rarely strong provisions of the bill that the staff, because they certainly have completes needed safety regulations on time. passed the House and adds provisions worked hard and cooperatively all the More than 20 motor carrier safety rulemakings from the Senate bill that will further way through this legislation. have been in process for between three and enhance safety. A strong House bill has The gentleman’s statement under- nine years. These rulemakings involve impor- been made even stronger. scores the success of the Committee on tant safety issues such as hours-of-service I just want to express my great ap- Transportation and Infrastructure. In a limits, motor carrier permits for carrying haz- preciation to my chairman, my part- Congress that has been getting a bad ardous materials, and training standards for ner, and the chairman of the sub- rap for gridlock, this committee has entry-level drivers. committee, the gentleman from Wis- worked together and achieved an ex- DOT’s databases are incomplete and unreli- consin (Mr. PETRI), and the ranking traordinary record of accomplishment. able; DOT lacks adequate personnel and fa- member, the gentleman from West Vir- Just before the August break, it was 26 cilities at our borders; and perceived conflicts ginia (Mr. RAHALL), but especially to percent of all the bills that have passed of interest have undermined the credibility of our chairman for championing this leg- the House enacted into law were bills DOT’s research program. islation. This is good legislation. It from this committee. Since these troubling reports by the IG and will only add to the gentleman’s distin- others were issued, the Secretary of Transpor- b 2000 guished record of achievement in this tation, to his credit, has taken important steps House, especially one in the safety Our percentage has dropped only be- to enhance the effectiveness of the motor car- arena where he has been so strong an cause other committees have awakened rier safety program. We support the Sec- advocate. and have risen to the challenge and the retary’s efforts. The legislation we have written Mr. SHUSTER. Mr. Speaker, if the examples set by the Committee on will enhance these efforts and give DOT the gentleman would further yield, I am Transportation and Infrastructure. But resources needed to carry out the job. also submitting an explanatory state- again, it is due to the partnership and There are four principles, I believe, that any ment of the bill to be printed in the the cooperation we have achieved, I good motor carrier safety bill should include— RECORD. This document has been think, at the level of the chairman and safety as the primary mission; sound credible worked out by the Members on the ranking member. research as the foundation for policy; vigorous House and Senate sides, by myself, the Mr. Speaker, I rise in strong support of the oversight and enforcement; and adequate re- gentleman from Wisconsin (Mr. PETRI), Motor Carrier Safety Improvement Act of sources. This bill addresses each of these the gentleman from Minnesota (Mr. 1999. We originally passed this bill on October principles. OBERSTAR), the gentleman from West 14, but the Other Body has not completed The bill creates a new Administration, the Virginia (Mr. RAHALL), as well as Sen- work on its version of the bill. In order to make Federal Motor Carrier Safety Administration, ators MCCAIN and HOLLINGS. it possible to send a bill to the President be- without DOT. The bill gives the new Adminis- I would particularly like to empha- fore we adjourn, we have worked with the tration the direction, the incentives, and the re- size that the gentleman from Virginia Senate Commerce Committee on a bipartisan sources it will need to improve motor carrier (Mr. WOLF) certainly played a key role basis to develop a bill that combines the best safety. The new Administration will also in- in serving as a catalyst to bring this features of our bill and the companion motor clude a regulatory ombudsman, with authority legislation to our attention, and I cer- carrier safety bill introduced in the Other Body. to expedite rulemaking by assigning the nec- tainly want to commend him for that. Our aim is to pass this compromise legislation essary staff and resolving disagreements with- I also would like to report to the in both Houses prior to adjournment and to in the new agency. House, as we close this session of the send it to the President for his signature. The bill follows the model of the Federal Congress, that of the 104 bills signed I am very pleased with the Motor Carrier Aviation Act of 1958, which established the into law by the President thus far, 19 Safety Improvement Act of 1999. This is a Federal Aviation Administration to improve came from our committee. So approxi- good bill. It preserves all the strong safety pro- aviation safety. The bill directs the new Fed- mately 20 percent of the bills which visions in the House bill, and adds provisions eral Motor Carrier Safety Administration to made their way through to law have from the Senate bill that will further enhance consider the assignment and maintenance of come from the Committee on Trans- safety. A strong House bill has been made safety as the highest priority, recognizing the portation and Infrastructure. Addition- even stronger. clear intent, encouragement, and dedication of ally, another 50 bills, in fact this one I want to commend our Committee Chair- Congress to the furtherance of the highest de- will be 51 bills, will make their way man, Mr. SHUSTER, Chairman PETRI of the gree of safety in motor carrier transportation. through the House, and we look for- Ground Transportation Subcommittee, and The bill requires the Secretary to develop a ward to many of them becoming law in Subcommittee Ranking Member RAHALL for long-term strategy for improving motor carrier the next session. their diligent efforts in developing this bill. This safety. Specific, measurable goals must be es- Mr. OBERSTAR. Reclaiming my important legislation will give federal govern- tablished to carry out the strategy, and esti- time, under my reservation, Mr. Speak- ment the direction, the incentives, and the re- mates of funds and staff resources needed to er, I thank the gentleman and concur sources needed to improve the safety of large accomplish the goals must be submitted to in that observation. trucks on our highways. Every year, crashes Congress annually. Mr. SHUSTER. Mr. Speaker, if the involving large trucks kill more than 5,300 peo- The three top officials of the new Adminis- gentleman will yield once again, I ple and injure about 130,000 people. On aver- tration (the Administrator, Deputy Adminis- would be derelict in not noting the tre- age, there are 14 deaths and 350 injuries trator, Chief Safety Officer) and the Adminis- mendous contribution of our staff, every day of the year. Unless the federal safe- tration’s regulatory ombudsman are each re- Jack Schenendorf, Mike Strachn, ty program is significantly improved, there will quired to sign a performance agreement with Roger Nober, Chris Bertram, Patti be more deaths and injuries as the number of specific measurable goals to carry out this Doersch, Jess Sharp; and on the gentle- miles traveled by large trucks increases. This strategy, including increasing the number of man’s side, Clyde Woodle, Rosalyn is not acceptable. inspections and compliance reviews, elimi- Millman, who is now acting adminis- The Inspector General of the Department of nating the backlog in rulemaking and enforce- trator of NHTSA. Transportation, the General Accounting Office, ment cases, improving the quality and effec- Everyone worked so hard to bring and Norm Mineta, a former Chairman of our tiveness of databases, and increasing inspec- this bill to where it is today, and I Surface Transportation Subcommittee and Full tion resources at the border. An official’s

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00135 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30771 progress toward meeting the goals is to be This legislation is truly a broad-based, bi- submitting for the RECORD the joint ex- given substantial weight when bonuses and partisan effort and, if enacted, will reduce planatory materials I referred to other achievement awards are dispersed with- motor carrier crashes and save lives. It in- above: corporates initiatives from Senate and House in the Department. proposals; the Administration’s proposal; a INTRODUCTORY NOTE TO JOINT EXPLANATORY The bill will give the Administration the re- safety audit by the Department’s Inspector MATERIALS sources it will need to do a better job. The bill General, Kenneth M. Mead; a review con- We are pleased to submit the accom- provides a significant increase in guaranteed ducted for the Department by former House panying Joint Explanatory Statement of the and authorized funding for motor carrier safety Public Works and Transportation Committee Motor Carrier Safety Improvement Act. programs. Funding for personnel and re- Chairman Norman Y. Mineta; and rec- These materials explain the provisions of the sources of the new Administration will be 70 ommendations from labor, safety groups, in- bill in detail. On September 24, the Com- dustry, and state and local governments. mittee on Transportation and Infrastructure percent higher (an average of $38 million per The bill would create a new Federal Motor filed its report (H. Rept. 106–333) on H.R. 2679, year) than current staffing for the Office of Carrier Safety Administration focused on its Motor Carrier Safety Act, to establish a Motor Carrier Safety. The additional funding safety as its highest priority. I support that separate motor carrier administration at the will enable the Motor Carrier Administration to safety emphasis wholeheartedly and applaud Department of Transportation and to make hire more federal inspectors, and more attor- other provisions to increase resources and reforms to the commercial driver’s license neys to complete rulemakings. The bill also regulatory and enforcement tools. Among program and related motor carrier safety provides an additional $55 million per year of the significant provisions are: programs. The House overwhelmingly passed Commercial Driver’s License Program. guaranteed funding for motor carrier safety H.R. 2679 on October 14. The Senate intro- Comprehensive improvements would be made duced S. 1501, the Motor Carrier Safety Im- grants. In addition, the bill authorizes $75 mil- to the Commercial Driver’s License (CDL) provement Act, in August but took no fur- lion per year, subject to appropriation, for program. These would allow the Department ther action on the bill. motor carrier safety grants above the guaran- and its state partners to more effectively To expedite enactment of the significant teed level. identify problem drivers, take appropriate motor carrier safety reforms included in this The bill makes numerous programmatic remedial action, and get high-risk drivers off bill, the leadership of the House Transpor- changes to improve safety by keeping dan- the road. tation and Infrastructure Committee has New Entrants. A ‘‘new entrants’’ program worked with the Senate Commerce, Science, gerous drivers off the roads and enhancing would permit the Department and states to oversight. The bill improves the consistency of and Transportation Committee in developing ensure the safety fitness of newly-formed the bill. This Joint Explanatory Statement Commercial Driver’s Licenses by closing loop- motor carrier companies. New applicants for therefore represents the views of the Chair- holes in record keeping, establishing tougher authority would demonstrate their knowl- men and Ranking members of the Transpor- penalties for crashes that cause fatalities, and edge of safety regulations, and the Depart- tation and Infrastructure Committee and the authorizing DOT to decertify the CDL pro- ment would be challenged to review the safe- Ground Transportation Subcommittee, along grams of States that do not comply with na- ty of new carriers within the first 18 months with the Chairman and Ranking Member of of operation. the Senate Commerce Committee. tional requirements. Foreign Carriers. The Department would Trucks entering the United States will face This Joint Explanatory Statement will gain strong new sanctions to prevent foreign provide legislative history for interpreting more comprehensive oversight when DOT im- carriers from operating illegally in the this important safety legislation. plements new staffing standards for inspectors United States. The Department would deny JOINT EXPLANATORY STATEMENT OF THE HON- entry to carriers that are not properly reg- at our international borders. Violators of safety ORABLE BUD SHUSTER, THE HONORABLE istered and impose stiff fines on violators. If laws and regulations will face penalties high JAMES OBERSTAR, THE HONORABLE THOMAS carriers operate outside the scope of their enough to promote future compliance. Max- PETRI, THE HONORABLE NICK RAHALL, THE registration authority, their trucks would be imum fines will be assessed for repeat offend- HONORABLE JOHN MCCAIN AND THE HONOR- placed out-of-service at the roadside. ABLE ERNEST HOLLINGS ON H.R. 3419: MOTOR ers as well as a pattern of violations of our Data Collection to Target Problems. New CARRIER SAFETY IMPROVEMENT ACT OF 1999 safety laws and regulations. data and analysis tools would help the De- A comprehensive study of crash causation partment determine why truck and bus Section 1. Short Title; Table of contents along with an enhanced data collection effort crashes happen and identify the best preven- The provision provides that this Act may will help DOT and the States target their edu- tion measures. H.R. 3419 would fund a major be cited as the ‘‘Motor Carrier Safety im- cation, oversight, and enforcement activities to crash causation study and put into place a provement Act of 1999.’’ The section also in- address the most serious contributors to new system for collecting crash data nation- cludes a table of contents for the bill. crashes. ally. The bill would also require motor car- Sec. 2. Secretary defined riers to update their records with the De- I want to again commend Chairmen SHU- The provision defines the term ‘‘Sec- partment, helping us to focus enforcement retary’’ to mean the Secretary of Transpor- STER and PETRI, and Ranking Democratic resources on carriers that present the great- tation. Member RAHALL, for their efforts to develop est safety risk. Sec. 3. Findings this strong motor carrier safety bill. I urge my Increased Resources. With passage of this colleagues to support the bill. bill, states would receive a major boost in re- The provision makes eight findings on Mr. Speaker, I include for the sources to conduct more inspections of vehi- motor carrier safety. Among other findings, Congress finds that the current rate, num- RECORD the following statement from cles, drivers, and carriers. They would be able to implement innovative new safety ber, and severity of crashes involving motor Secretary Slater supporting the com- carriers are unacceptable; the number of mittee’s action and supporting this countermeasures, keep more complete records on driver violations, and greatly Federal and State motor carrier compliance bill: strengthen enforcement programs. reviews and commercial motor vehicle and STATEMENT OF U.S. TRANSPORTATION SEC- I urge the Congress to act expeditiously to operator inspections is insufficient; civil RETARY SLATER SUPPORTING THE MOTOR approve the ‘‘Motor Carrier Safety Improve- penalties for violators must be utilized to CARRIER SAFETY IMPROVEMENT BILL ment Act of 1999.’’ I believe we have a sin- deter future violations; and meaningful I am gratified that the Congress is moving gular opportunity now to make major strides measures to improve safety must be imple- swiftly to pass the ‘‘Motor Carrier Safety toward improving motor carrier safety and mented expeditiously to prevent increases in Improvement Act of 1999’’ (H.R. 3419). This achieving the Administration’s 50 percent fa- motor carrier crashes, injuries, and fatali- bill would give the U.S. Department of tality reduction goal. We at the Department ties. Congress further finds that proper use Transportation and states additional tools to look forward to working with all our part- of Federal resources is essential to the De- significantly improve commercial motor car- ners in continuing these critical efforts to partment of Transportation’s ability to im- rier safety across the country and at our bor- save lives and make our nation’s highways prove its research, rulemaking, oversight, ders. President Clinton has made clear that safer. and enforcement activities. safety is the highest priority for the Depart- Mr. Speaker, I concur with the state- Sec. 4. Purposes ment of Transportation. The Administration ment of the chairman of the committee The provision lists the purposes of this Act strongly supports passage of H.R. 3419. on the remarks and the document that as improving the administration of the Fed- The leadership of House Transportation eral motor carrier safety program by estab- and Infrastructure Committee Chairman Bud he will include in the RECORD that lishing a Federal Motor Carrier Safety Ad- Shuster and Ranking Member Jim Oberstar, serve as a joint statement of managers ministration in the Department of Transpor- and Senate Commerce Committee Chairman for this legislation. tation and by enacting measures to reduce John McCain and Ranking Member Ernest Mr. SHUSTER. Mr. Speaker, if the the number and severity of large truck-in- Hollings was critical to this agreement. gentleman will continue to yield, I am volved crashes through increased inspections

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30772 CONGRESSIONAL RECORD—HOUSE November 18, 1999 and compliance reviews, stronger enforce- Science, and Transportation and the House to a State that is having difficulties in meet- ment measures, expedited rulemakings, sci- Committee on Transportation and Infra- ing the requirements associated with the entifically sound research, and improve- structure on the specific FMSCA personnel commercial driver’s license program and is ments to the commercial driver’s license requested for each of fiscal years 2001, 2002, in danger of having its program suspended program. and 2003. The Secretary’s justifications for due to noncompliance. TITLE I—FEDERAL MOTOR CARRIER SAFETY any additional FMSCA headquarters’ admin- Subsection (e) provides that if a State is ADMINISTRATION istrative or overhead positions shall include not in substantial compliance with each re- Sec. 101. Establishment of Federal Motor Carrier detailed descriptions of the specific needs to quirement of 49 U.S.C. 31311, concerning com- Safety Administration be addressed by the additional personnel. mercial driver’s licensing, the Secretary Such justifications must be submitted to shall withhold any allocation of MCSAP Subsection 101(a) adds a new section 113 to allow sufficient time for the Committees to funds authorized under this section. This title 49, United States Code, to establish, as review the Secretary’s request. subsection also provides that it, before June a separate administration within the Depart- Subsection (f) provides that the authority 30 of the fiscal year in which it was found in ment of transportation, the Federal Motor to promulgate safety standards for commer- noncompliance, a State is found by the Sec- Carrier Safety Administration (FMCSA). cial motor vehicles and equipment subse- retary to be in substantial compliance with The managers note that Section 101 provides quent to initial manufacture is vested in the each requirement of section 31311 of such that ‘‘in carrying out its duties, the Admin- Secretary of Transportation and may be del- title, the Secretary shall allocate to the istrator shall consider the assignment and egated. State the funds withheld under this sub- maintenance of safety as the highest pri- Subsection (g) requires the Secretary to section. ority.’’ This subsection is modeled on provi- comply with the requirements of a discre- sions which govern the activities of the Fed- Sec. 104. Motor carrier safety strategy tionary departmental regulation, at 48 eral Aviation Administration and the Sec- Subsection 104(a) requires the Secretary of C.F.R. 1252.209–70, concerning the disclosure retary of Transportation’s responsibilities Transportation, as part of the Department’s of conflicts of interest in research contracts, for the regulation of air transportation. See existing federally required strategic plan- and to include the text of such regulation in 49 U.S.C. 40101(a)(1) & (d) and 49 U.S.C. ning efforts required under GPRA, to develop each such contract. This requirement is De- 47101(a)(1). The Managers intend that new and implement a long-term strategy, includ- partment wide. This subsection also calls for section 101 be interpreted and implemented ing an annual plan and schedule for improv- a study to determine the effectiveness of this in the same manner as the above-listed pro- ing commercial motor vehicle, operator, and requirement. Eliminating or mitigating con- visions in the laws governing aviation. carrier safety, and sets forth four goals to be The Administration is headed by a Presi- flicts of interest will increase the likelihood included in the strategy. The goals are: (1) dentially appointed, Senate-confirmed Ad- that the research results will be more widely reducing the number and rates of crashes, in- ministrator with professional experience in accepted and therefore be a more acceptable juries, and fatalities involving commercial motor carrier safety; a Deputy Adminis- basis for policy decisions. motor vehicles, (2) improving enforcement trator appointed by the Secretary with the The managers note the bill does not estab- and compliance programs, (3) identifying and approval of the President, and a Chief Safety lish any specific offices of the FMCSA be- targeting enforcement at a high-risk car- Officer appointed in the competitive service. cause the Secretary is best positioned to de- riers, vehicles, and drivers, and (4) improving In addition to any duties and powers pre- termine the specific organizational structure research. scribed by the Secretary, the Administrator of the Administration. The Congress intends Subsection (b) requires that goals be estab- shall carry out the duties and powers related for the Secretary to organize the new agency lished that are designed to accomplish the to motor carriers and motor carrier safety in a manner and structure that adequately safety strategy and that estimates be devel- set forth in chapters 5, 51, 55, 57, 59, 133 reflects the unique demands of passenger ve- oped concerning the funding and staffing re- through 149, 311, 313, 315, and 317 of title 49, hicle safety, international affairs, and con- sources needed to accomplish the goals. By United States Code, and 42 U.S.C. 4917. sumer affairs. working toward the measurable goals, the Subsection (b) provides dedicated funding Sec. 102. Revenue aligned budget authority Administration will also be progressing to- for the administrative and research expenses Subsection 102(a) amends section 110 of ward the strategic goals. of the FMCSA. This subsection increases title 23, United States Code, concerning rev- Subsection (c) requires the submission of funding 70 percent (an average of $38 million enue aligned budget authority, to include the strategy and annual plan with the Presi- per year) above the level currently provided the motor carrier safety assistance program dent’s annual budget submission, starting within the Federal Highway Administration, (MCSAP) in the group of programs for which with fiscal year 2001. to improve the motor carrier safety re- funding is annually adjusted to correspond Subsection (d) establishes that for each of search, rulemaking, oversight, and enforce- to Highway Trust Fund receipts. the fiscal years 2001 through 2003, the fol- ment activities transferred to the FMCSA. Subsection (b) makes a number of tech- lowing officials shall enter into annual per- Subsections (c) and (d) make conforming nical and conforming amendments, including formance agreements between: (1) the Sec- amendments to titles 5 and 49, United States the relocation of a second section 110, con- retary and the Federal Motor Carrier Safety Code. cerning uniform transferability of Federal- Administrator; (2) the Administrator and the Subsection (e) caps the employment level aid highway funds, to a section 126 of title 23, Deputy Federal Motor Carrier Safety Admin- currently at the Office of Motor Carrier United States Code. istrator; (3) the Administrator and the Chief Safety at its headquarters location in fiscal Safety Officer of the Federal Motor Carrier year 2000, except for staff transferred to the Sec. 103. Additional funding for Motor Carrier Safety Administration; and (4) the Adminis- Office from the Federal Highway Adminis- Safety Grant Program trator and the regulatory ombudsman des- tration, for fiscal year 2000. The cap includes Subsection 103(a) authorizes an additional ignated by the Administrator. Each of these Office of Motor Carrier Safety staff and $75 million from the Highway Trust Fund for officials shall enter into a performance FHWA transferred employees (FTEs) who each of fiscal years 2001 through 2003 for the agreement that contains the appropriate nu- were already dedicated to motor carrier safe- motor carrier safety assistance program. meric or measurable goals of the Adminis- ty matters when the Office of Motor Carrier Subsection (b) amends section 4003 of the tration’s motor carrier safety strategy. Safety was established in October 1999. It Transportation Equity Act for the 21st Cen- The provision requires that the Secretary does not preclude further transfers from the tury (TEA 21) to increase the amount of assess the progress of the officials toward FHWA to the FMCSA during fiscal year 2000. guaranteed funding provided in TEA 21 for achieving their respective goals, and that The Congress has provided additional the motor carrier safety assistance program the Secretary convey the assessments to the motor carrier safety funding and expects by the following amounts: $65 million for officials, identifying possible future perform- those resources to be dedicated toward in- each of fiscal years 2001 through 2003. This ance improvements. An official’s progress to- creased motor carrier safety enforcement subsection also amends section 1102 of TEA ward meeting the goals of a performance and inspection activities and to expedite 21 to reduce the obligation ceiling for fed- agreement is to be given substantial weight rulemakings. The cost of unnecessary head- eral-aid highways and highway safety con- by the Secretary when bonuses or other quarters administrative or overhead posi- struction programs by $65 million for each of achievement awards are dispersed consistent tions, including public affairs officers, con- fiscal years 2001 through 2003. with the Department’s established perform- gressional liaison representatives and other Subsection (c) establishes a maintenance ance appraisal system. nonsafety-related positions, is not a proper of effort requirement for States receiving Subsection (e) requires that the Secretary use of the additional authorized funding. MCSAP funds under this section. Each State and the Administrator of the FMCSA assess These headquarters’ officials are not in- must maintain its spending for MCSAP-eligi- the progress of the Administration toward volved in carrying out safety responsibilities ble activities at a level equal to the average achieving the goals set out in subsection (a) such as developing policies and regulations annual level of expenditures for MCSAP ac- no less frequently than semiannually. The to enforce motor carrier safety laws. tivities for fiscal years 1997, 1998, and 1999. assessment should be conveyed to the em- Subsection (e) requires the Secretary to re- Subsection (d) permits the Secretary to ployees of the FMCSA, and deficiencies iden- port to the Senate Committee on Commerce, provide emergency grants of up to $1 million tified. The Secretary is required to report to

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30773 the Congress the results of the individual offense of causing a fatality through the neg- Subsection (d) amends section 31311(a)(10) and Administration progress assessment an- ligent or criminal operation of a commercial of such title to provide that a State may not nually. motor vehicle a lifetime disqualifying of- issue any form of special license or permit, Subsection (f) requires the Administrator fense. including a provisional or temporary license, of the FMCSA to designate a regulatory om- Subsection (b) amends section 31310 to give to a CDL holder that would permit the CDL budsman to expedite rulemakings in order to the Secretary emergency disqualification au- holder to drive a CMV during a period in meet statutory and internal departmental thority to revoke the commercial driving which the CDL holder’s license is revoked, deadlines. privileges of an individual upon a determina- suspended, or canceled, or the CDL holder is Sec. 105. Commercial motor vehicle safety advi- tion by the Secretary that allowing the indi- disqualified from operating a CMV. sory committee vidual to continue to operate a commercial Subsection (e) revises 31311(a)(13) of title 49 motor vehicle would create an imminent to provide that a State may establish pen- The provision permits the establishment of hazard. The Secretary can disqualify an indi- a commercial motor vehicle safety advisory alties, with the Secretary’s approval, that vidual under this provision for no more than are consistent with chapter 313, for viola- committee to provide advice and rec- 30 days without providing notice and an op- ommendations on a range of commercial tions committed by an individual operating portunity for a hearing. a commercial motor vehicle. motor vehicle safety issues. Members are ap- Subsection (b) also amends section 31310 to pointed by the Secretary and include rep- Subsection (f) adds a new paragraph require the Secretary to issue regulations es- 31311(a)(18) to title 49 to require the State to resentatives of industry, drivers, safety ad- tablishing criteria for disqualifying from op- vocates, manufacturers, safety enforcement maintain, as part of its driver information erating a commercial motor vehicle an indi- system, a record of each violation of motor officials, representatives of law enforcement vidual who holds a commercial driver’s li- agencies from border States, and other indi- vehicle traffic control laws committed by a cense and who has been convicted of a seri- CDL holder, and to make to such record viduals affected by rulemakings. No one in- ous offense involving a vehicle other than a available upon request to the individual terest may constitute a majority. If the Sec- commercial motor vehicle (CMV) resulting driver, the Secretary, employers, prospective retary establishes the advisory committee, it in the revocation, cancellation, or suspen- employers. State licensing and law enforce- should provide advice to the Secretary on sion of the individual’s license, or has been ment agencies, and their authorized agents. commercial motor vehicle safety regulations convicted of a drug or alcohol-related offense Subsection (g) adds a new paragraph and other matters relating to activities and involving a motor vehicle other than a com- 31311(a)(19) to title 49 to prohibit both con- functions of the Federal Motor Carrier Safe- mercial motor vehicle. The behavior of a viction masking and deferral programs by re- ty Administration. The committee will re- CDL holder in operating vehicles other than quiring every State to keep a complete driv- main in effect until September 30, 2003. CMV’s is relevant to the CDL holder’s fitness ing record of all violations of traffic control to operate a commercial motor vehicle; Sec. 106. Savings provision laws (including CMV and non-CMV viola- The savings provision is intended to pro- therefore the Secretary is directed to con- duct a rulemaking to determine the appro- tions) by any individual to whom it has vide for the orderly transfer of personnel and priate minimum time periods for which a issued a CDL, and to make each such com- property from the Office of Motor Carrier CDL holder should be disqualified, but in no plete driving record available to all author- Safety to the FMCSA. The provision is also case shall the time periods for which CDL ized persons and governmental entities hav- intended to ensure that legal documents and holders are disqualified for such offenses be ing access to such record. This provision pro- requirements that had been in effect on the more stringent than the disqualification pe- vides that a State may not allow informa- date of the transfer, and proceedings in ef- riods for offenses involving a commercial tion regarding such violations to be masked fect, will continue as if the Act had not been motor vehicle. or withheld in any way from the record of a enacted. The savings provision also provides Subsection (c) amends section 31301 of title CDL holder. that lawsuits commenced against the Office 49, United States Code, to add three offenses Subsection (g) also adds a new paragraph of Motor Carrier Safety or its employees, in to the list of serious traffic violations for 31311(a)(20) to title 49 to require each State their official function, continue as if this Act which a CDL holder can be disqualified under to comply with the requirements of the regu- had not been enacted. Further the provision subsection 31310(e). The new offenses are: lation issued under 31310(g) of such title. assures the authority of officials of the driving a CMV without obtaining a CDL; Sec. 203. State noncompliance FMCSA to continue the functions and per- driving a CMV without a CDL in your posses- formances that had been previously per- Section 203 clarifies the Secretary’s au- sion; and driving without a required endorse- thority to shut down a State’s CDL program formed by officials of the Office of Motor ment. But it shall not be a serious traffic Carrier Safety, and deems any reference to if a State is not substantially complying violation if a driver cited for operating a with Federal CDL requirements. The section the Office of Motor Carrier Safety, or its CMV without a license in his or her posses- predecessors, to apply to the FMCSA. permits a CDL holder or applicant to go to sion can produce proof, before the time to another State for licensing or renewal if his/ Sec. 107. Effective date appear or pay the fine for such citation, that her home state program has been shut down Subsection 107(a) provides that this Act he or she did have a valid CDL at the time for noncompliance. This provision does not of the citation. shall take effect on the date of its enact- invalidate or otherwise affect commercial Subsection (d) makes clarifying amend- ment; except that the amendments made by driver’s licenses issued by a State before the section 101 which establish the Federal ments to section 31305(b)(1) of title 49, United States Code. State’s CDL program was found to be non- Motor Carrier Safety Administration, shall compliant and shut down. Sec. 202. Requirements for State participation take effect on January 1, 2000. Sec. 204. Checks before issuance of driver’s li- Subsection (b) requires that the Presi- Subsection 202(a) amends section 31311(a)(6) censes dent’s budget submission for fiscal year 2001 of title 49, United States Code, to require a and each fiscal year thereafter reflect the es- State to request, before renewing an individ- Section 204 amends section 30304 of title 49, tablishment of the Federal Motor Carrier ual’s CDL, all information about the driving United States Code, to require a State, be- Safety Administration in accordance with record of such individual from any other fore issuing or renewing any motor vehicle this Act. State that has issued a driver’s license to the operator’s license to an individual, to query both the National Driver Register (NDR) and TITLE II—COMMERCIAL MOTOR VEHICLE AND individual. Subsection (b) amends section 31311(a)(8) of the commercial driver’s license information DRIVER SAFETY such title to require a State, when notifying system (CDLIS). The intent of this provision Sec. 201. Disqualifications the Secretary, the operator of CDLIS, and is to close a loophole in the CDL program Subsection 201(a) amends section 31310 of the issuing State of the disqualification, rev- identified in the Department of Transpor- title 49, United States Code, to make a single ocation, suspension, or cancellation of a CDL tation’s CDL Effectiveness Study, whereby a violation of driving a commercial motor ve- holder’s commercial driver’s license, to also driver currently holding a valid CDL applies hicle with a revoked, suspended, or canceled notify such entities of the underlying viola- for a non-CDL without revealing or surren- commercial driver’s license, or driving while tion that resulted in such disqualification, dering the CDL. Without a check of both disqualified, a one-year disqualifying offense, revocation, suspension, or cancellation. NDR and CDLIS, the fact that the driver al- and to make a conviction for causing a fatal- Subsection (c) revises 31311(a)(9) of such ready holds a CDL at the time of application ity through the negligent or criminal oper- title to require a State to notify a CDL hold- for a non-CDL can go undetected, thus de- ation of a commercial motor vehicle a one- er’s home State of any violation of traffic feating the fundamental ‘‘one driver, one li- year disqualifying offense. This subsection laws committed by the CDL holder, not just cense’’ principle behind the CDL program also makes the commission of more than one violations involving a commercial motor ve- that prevents drivers from spreading mul- violation of driving a commercial motor ve- hicle. The subsection also requires a State to tiple convictions over multiple licenses. The hicle with a revoked, suspended, or canceled notify any State that has issued a driver’s li- provision also amends section 31311(a)(6) to commercial driver’s license, or driving while cense (non-CDL) to an individual of any vio- require that before issuing or renewing a disqualified, a lifetime disqualifying offense, lation committed while the individual is op- commercial driver’s license, the State shall and to make a conviction of more than one erating a CMV. request from any other State that has issued

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.004 H18NO9 30774 CONGRESSIONAL RECORD—HOUSE November 18, 1999 a driver’s license to the individual all infor- of the safety review, to consider the impact level of the Department of Transportation’s mation about the driving record of the indi- on small businesses and to consider estab- estimate of the cost of 24-hour coverage. vidual. lishing alternative locations for conducting Sec. 214. CDL school bus endorsement Sec. 205. Registration enforcement such reviews. It also allows the new entrant The provision requires the Secretary to review requirements to be phased in over The provision adds new subsection 13902(e) conduct a rulemaking to establish a special time to take into account the availability of to authorize the Secretary to put a carrier CDL endorsement for drivers of school buses. certified motor carrier safety auditors and out of service upon finding that the carrier is The section requires, at a minimum, that the provides for designating new motor carriers operating without authority or beyond the endorsement (1) include a driving skills test as ‘‘new entrants’’ until the required review scope of its authority. Foreign motor car- in a school bus, and (2) address proper safety is completed. riers who operate vehicles in the U.S. are not procedures for loading and unloading chil- permitted to operate in interstate commerce Sec. 211. Certification of safety auditors dren, using emergency exits, and traversing without evidence of registration in each The provision requires the Secretary to highway grade crossings. motor vehicle. complete a rulemaking within one year of Sec. 215. Medical certificate enactment to improve training and provide SEC. 206. Delinquent payment of penalties The provision requires the Secretary to for the certification of motor carrier safety initiate a rulemaking to provide for the Fed- Subsection (a) amends section 13905(c) of auditors, including private contractors, to eral medical qualification certificate to be title 49, United States Code, to provide that conduct safety inspection audits. The provi- made part of the commercial drivers’ license. registration of a carrier, broker, or freight sion prohibits private contractors from forwarder may be suspended, amended, or re- issuing safety ratings or operating author- Sec. 216. Implementation of inspector general voked for failure to pay civil penalty, or ar- ity, and authorizes the Secretary to decer- recommendations range and abide by a payment plan, within 90 tify any motor carrier safety auditors. The provision requires the Secretary to days of the time specified by order of the Sec. 212. Commercial van rulemaking implement all the DOT Inspector General’s Secretary for the payment of such penalty. motor carrier safety improvement rec- This provision does not apply to a person un- This provision requires the Secretary to complete in one year an on-going rule- ommendations contained in the IG’s April able to pay assessed penalties because a per- 1999 report assessing the effectiveness of son is a debtor in a case under chapter 11 of making, Docket No. FHWA–99–5710, to deter- mine which small passenger vans should be DOT’s motor carrier safety program, except title 11, United States Code. to the extent to which such recommenda- Subsection (b) amends section 521(b) of covered by Federal motor carrier safety reg- ulations. At a minimum, the rulemaking tions are specifically addressed in sections title 49, United States Code, to provide that 206, 208, 217, and 222 of this Act. These rec- an owner or operator of a commercial motor shall apply safety regulations to commercial vans referred to as ‘‘camionetas’’—carriers ommendations, found on pages 17, 18, 26, and vehicle who fails to pay an assessed civil 27 of the IG report, are as follows: penalty or fails to arrange and abide by an providing international transportation be- tween points in Mexico and points in the Recommendations to Improve the Effec- acceptable payment plan for such civil pen- tiveness of Motor Carrier Safety Enforce- alty, within 90 days of the time specified by United States—and to commercial vans oper- ating in interstate commerce outside com- ment: order of the Secretary for the payment of 1. Strengthen its enforcement policy by es- mercial zones that have been determined to such penalty, may not operate in interstate tablishing written policy and operating pro- pose serious safety risks. In no case should commerce. This provision does not apply to cedures to take strong action against motor the rulemaking be concluded to exempt all a person unable to pay assessed penalties be- carriers with repeat violations of the same small commercial passenger carrying vans. cause the person is a debtor in a case under acute or critical regulation. Strong enforce- chapter 11 of title 11, United States. Code. The managers note there have been a num- ber of fatal accidents involving small pas- ment actions would include assessing fines Sec. 207. State cooperation in registration en- senger vans known as camionetas particu- at the statutory maximum amount, the forcement larly in the Southern border States. In an ef- issuance of compliance orders, not negoti- The provision amends section 31102(b) of fort to address this safety problem, the Con- ating reduced assessments, and when nec- title 49, United States Code, to clarify that gress has acted on two separate occasions di- essary, placing motor carriers out of service. State motor carrier plans shall ensure State recting the Secretary to apply Federal motor 2. Remove all administrative restrictions cooperation in enforcement of registration carrier safety regulations to these passenger on fines placed in the Uniform Fine Assess- and financial responsibility requirements in vans. First, the definition of passenger vans ment program and increase the maximum sections 13902, 13906, 31138 and 31139 of such was amended as part of the ICC Termination fines to the level authorized by TEA–21. title. Act of 1995 with the intent of applying safety 3. Establish stiffer fines that cannot be considered a cost of doing business and, if Sec. 208. Imminent hazard regulations to these carriers. However, the necessary, seek appropriate legislation rais- The provision revises the definition of im- Department took no action based on this statutory requirement. Due to the lack of ing statutory penalty ceilings. minent hazard in section 521(b)(5)(B) of title 4. Implement a procedure that removes the action by the Department to regulate these 49, United States Code, to refer to a condi- operating authority from motor carriers vehicles, the Congress again directed the De- tion that ‘‘substantially increases the likeli- that fail to pay civil penalties within 90 days partment to apply certain motor carrier hood of’’ serious injury or death. after final orders are issued or settlement safety regulations to those vans in the agreements are completed. Sec. 209. Household goods amendments Transportation Equity Act for the 21st Cen- 5. Establish criteria for determining when Subsection 209(a) is a technical amend- tury (TEA 21). The TEA 21 provision required a motor carrier poses an imminent hazard. ment to the definition of household goods in that all commercial vans carrying more than 6. Require follow-up visit and monitoring section 13102(10)(A) of title 49, United States 8 passengers to be covered by most Federal of those motor carriers with a less-than-sat- Code, regarding certain property moving motor carrier safety rules by June 1999, ex- isfactory safety rating, at varying intervals, from a store or factory. cept to the extent DOT exempted operations to ensure that safety improvements are sus- Subsection (b) increases the limit for man- as it determined appropriate through rule- tained, or if safety has deteriorated that ap- datory arbitration under section 14708(b)(6) making. The Department took no action to propriate sanctions are invoked. of such title from $1,000 to $5,000. even initiate the statutory rulemaking by 7. Establish a control mechanism that re- Subsection (c) requires a General Account- the June deadline. On September 3, 1999, the quires written justification by the OMC ing Office study on the effectiveness of DOT Department finally issued a rule but it actu- State Director when compliance reviews of enforcement of household goods consumer ally exempted the entire class of vehicles high-risk carriers are not performed. protection rules and other potential methods from regulation until further notice. The 8. Establish a written policy and operating of enforcement, including State enforce- managers find the Department’s blatant mis- procedures that identify criteria and time ment. interpretation of the statute unacceptable. frames for closing enforcement cases, includ- Therefore, a provision has been included in Sec. 210. New motor carrier entrant requirements ing the current backlog. This provision requires the Secretary to this bill directing the Secretary to finally Recommendations for Data Enhancement: initiate a rulemaking to establish minimum address this identified safety problems. 1. Require applicants requesting operating requirements for new motor carriers to en- Sec. 213. 24-hour staffing of telephone hotline authority to provide the number of commer- sure applicant carriers are knowledgeable The provision amends section 4017 of TEA cial vehicles they operate and the number of about applicable Federal motor carrier safe- 21 to require that the Department’s toll-free drivers they employ and require all motor ty standards. It requires motor carrier own- telephone hotline for reporting safety viola- carriers to periodically update this informa- ers and operators who ware granted new op- tions be staffed 24 hours a day, 7 days a tion. erating authority to be reviewed by a safety week, by individuals knowledgeable about 2. Revise the grant formula and provide in- inspector within eighteen months of com- Federal motor carrier safety regulations and centives through MSCAP grants for states to mencing operations. The provision requires procedures. This section also increases the provide accurate, complete and timely com- the Secretary, in establishing the elements funding authorization for the hotline to the mercial vehicle crash reports, vehicle and

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00139 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30775 driver inspection reports and traffic viola- Subsection (c) provides that the civil pen- help the Department and the States identify tion data. alty for a pattern of intentional violations activities likely to lead to significant reduc- 3. Withhold funds from MCSAP grants for shall not be more than $25,000; the carrier tions in commercial motor vehicle-involved those States that continue to report inac- shall be disqualified from operating in the crashes including crashes by commercial curate incomplete and untimely commercial U.S., and that such disqualification may be vans. vehicle crash data, vehicle and driver inspec- permanent. Subsection (c) lists the areas of expertise tion data and traffic violation data within a Subsection (d) prohibits any foreign motor of the people with whom the Secretary is re- reasonable notification period such as one carrier from leasing its motor vehicles to quired to consult in conducting the study. year. any other carrier to transport property in Subsection (d) requires the Secretary to 4. Initiate a program to train local enforce- the U.S. during any period in which a sus- provide for public comment on various as- ment agencies for reporting of crash, road- pension, condition, restriction, or limitation pects of the study. side inspection data including associated imposed under 49 U.S.C. 13902(c) applies to Subsection (e) requires the Secretary to traffic violations. the foreign carrier. submit the results of the study to Congress, 5. Standardize OMC and NHTSA crash data Subsection (e) provides that no provision review the study at least once every five requirements, crash data collection proce- may be enforced if inconsistent with inter- years, and update the study and report as dures, and reports. national agreements. necessary. 6. Obtain and analyze crash causes and Subsection (f) provides that acts com- Subsection (f) provides $5 million in con- fault data as a result of comprehensive crash mitted without knowledge of the carrier or tract authority to carry out this section. evaluations to identify safety improvements. committed unintentionally are not grounds Sec. 225. Data collection and analysis The provision requires that every 90 days, for penalty or disqualification. beginning 90 days after enactment, the Sec- This provision directs the Secretary to retary provide status reports on the imple- Sec. 220. Traffic law initiative carry out a program to improve the collec- mentation of recommendations. The IG The provision permits the Secretary to tion and analysis of data on commercial would also be directed to provide the Com- carry out a program with one or more States motor vehicle crashes, including crash cau- mittees with assessments of the Secretary’s to develop innovative methods of improving sation. NHTSA, in cooperation with the new progress. The IG report shall include an motor carrier traffic law compliance, includ- Federal Motor Carrier Safety Administra- analysis of the number of violations cited by ing the use of photography and other imag- tion, is required to administer the program. safety inspectors, the level of fines assessed ing technologies. It requires NHTSA to integrate driver cita- and collected for such violations, the number Sec. 221. State-to-Sate notification of violations tion and conviction information and provides of cases in which there are findings of ex- data $5 million from the FMCSA’s administrative traordinary circumstances under section The provision requires the Secretary to de- takedown to fund this program. This section 222(c) of this Act, and the circumstances in velop a uniform system to support the elec- also provides $5 million in contract author- which such findings are made. tronic transmission of data State-to-State ity for information systems under 49 U.S.C. Sec. 217. Periodic refiling of motor carrier, iden- on violations of all motor vehicle traffic con- 31106. tification reports trol laws by individuals possessing a com- Sec. 226. Drug test results study The provision requires periodic updating, mercial driver’s license. Subsection 226(a) directs the Secretary to but not more frequently than once every two Sec. 222. Minimum and maximum assessments conduct a study on the feasibility and merits years, of the Motor Carrier Identification Subsection 222(a) directs the Secretary to of having medical review officers or employ- Report, Form MCS–150, filed by each motor ensure that motor carriers operate safely by ers report positive drug tests of CDL holders carrier conducting operations in interstate imposing civil penalties at a level calculated to the State that issued the CDL and requir- or foreign commerce. An initial updating of to ensure prompt and sustained compliance ing all prospective employers, before hiring the information is required within 12 months with Federal motor carrier safety and com- any driver, to query the State that issued from enactment of the Act. mercial driver’s license (CDL) laws. the driver’s CDL on whether the State has on Sec. 218. Border staffing standards Subsection (b) recommends the Secretary record any verified positive controlled sub- Subsection 218(a) requires the Secretary to establish and assess minimum civil penalties stances test on such driver. develop and implement appropriate staffing for Federal motor carrier safety and CDL Subsection (b) lists factor to be considered standards for Federal and State motor car- violations and requires the Secretary to as- in the study. They are: safeguarding con- rier safety inspectors in international border sess the maximum civil penalty for repeat fidentiality of test results; costs, benefits areas. offenders or a pattern of violations. and safety impacts; and whether a process Subsection (b) lists the factors to be con- Subsection (c) recognizes that extraor- should be established to allow drivers to cor- sidered in developing the staffing standards. dinary circumstances do arise that merit the rect errors and expunge information from These include the volume of traffic, hours of assessment of civil penalties at a level lower their records after a reasonable time. operation of the border facilities, types of than any level established under subsection Subsection (c) requires the Secretary to commercial motor vehicles (including pas- (b) of this section. If the Secretary assesses issue a report to Congress on the study with- senger vehicles) and cargo in the border such lower penalties, the Secretary must in two years. areas, and the responsibilities of Federal and document the justification for them. Sec. 227. Approval of agreements State inspectors. Subsection (d) requires the Secretary to Section 227 amends section 13703 of title 49, Subsection (c) prohibits the United States conduct and submit to Congress a study of and any State from reducing its respective United States Code, by adding a new require- the effectiveness of revised civil penalties es- ment to require the Surface Transportation level of motor carrier safety inspectors in an tablished in TEA 21 and this Act in ensuring international border area below the level of Board to review every five years any agree- compliance with Federal motor carrier safe- ment for any activities approved under sec- such inspectors in fiscal year 2000. ty and commercial driver’s license laws. Subsection (d) provides that if, by October tion 13703. The provision also provides for Sec. 223. Motor carrier safety progress report 1, 2001, and each fiscal year thereafter, the the continuation of any pending cases before Secretary has not ensured that appropriate The provision directs the Secretary to sub- the Board, but prohibits certain nationwide levels of staffing consistent with the staffing mit a status report on the Department’s agreements. standards are deployed in international bor- progress in achieving its goal of reducing Sec. 228. DOT authority der areas, the Secretary should allocate five motor carrier fatalities by 50 percent by 2009. This section clarifies Congressional intent percent of motor carrier safety assistance Sec. 224. Study of commercial motor vehicle with respect to the criminal investigative program funds for border commercial motor crash causation authority of the Department of Transpor- vehicle and safety enforcement programs. Subsection (a) requires the Secretary to tation Inspector General (IG). Sec. 219. Foreign motor carrier penalties and conduct a comprehensive study to determine When the Office of Motor Carrier Safety disqualifications the causes of, and contributing factors to, finds evidence of egregious criminal viola- Subsection 219(a) provides for civil pen- crashes involving commercial motor vehi- tions of motor carrier safety regulations alties and disqualifications for foreign motor cles, including vehicles defined in section through their regulatory compliance efforts, carriers that operate, before implementation 31132(1)(B) of title 49, United States Code, it refers these cases to the IG’s Office of In- of the land transportation provisions of and to identify the data requirements needed vestigations. Recently, a U.S. District Court NAFTA, without authority outside of a com- to improve the Department’s and the States’ concluded that an investigation undertaken mercial zone. ability to evaluate crashes and crash trends, by the IG exceeded its jurisdiction, see In the Subsection (b) provides that the civil pen- identify crash causes and contributing fac- Matter of the Search of Northland Trucking alty for an intentional violation shall not be tors, and develop safety measures to reduce Inc. (D.C. Arizona), finding that the motor more than $10,000 and may include disquali- such crashes. carrier involved was not a grantee or con- fication from operating in U.S. for not more Subsection (b) addresses the design of the tractor of the Department, nor was there than 6 months. study, requiring that it yield information to evidence of collusion with DOT employees.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30776 CONGRESSIONAL RECORD—HOUSE November 18, 1999 This narrow construction of the IG’s author- dropped from 5 per month to one per month, ment of Transportation (DOT) on January 1, ity is not well grounded in law, and the man- and civil penalties declined to $1,600. Be- 2000; increases funding from the Highway agers are concerned about the adverse im- cause of this, and other problems, the Depart- Trust Fund for Federal and State safety ef- pacts the Order could have on IG operations. ment of Transportation Inspector General, the This provision, therefore, clarifies Congres- forts; and, closes loopholes in the Commercial sional intent with respect to the authority of chairman of the National Transportation Safety Driver’s License (CDL) program. the IG, reaffirming the IG’s ability and au- Board, trucking representatives, the law en- For example, the bill gives the Secretary thority to continue to conduct criminal in- forcement community, and safety advocates emergency authority to revoke the license of a vestigations of parties subject to DOT laws all agree that the Office of Motor Carriers has truck or bus driver found to constitute an immi- or regulations, whether or not such parties been ineffective in reducing trucking accidents nent hazard. receive Federal funds from the Department. and fatalities. The Federal Motor Carrier Safety Adminis- Mr. COSTELLO. Mr. Speaker, I rise today in The bill before you will address many of the tration is given increased funding for safety to support of H.R. 3419, which incorporates H.R. problems found by Congress and these allow for growth in the number of safety in- 2679, the Motor Carrier Safety Act. I am spe- groups. It will strengthen truck safety activities spectors and in safety research. cially pleased to see that this bill includes pro- both at the federal and at the state levels. As The bill guarantees $195 million over the visions for Foreign Motor Carrier penalties and noted, it creates a new safety administration, next three years from the Highway Trust Fund disqualifications. which as its name implies, will be focused on for motor carrier safety grants. These grants Mexican-domiciled trucks are operating im- safety. It is critical Mr. Speaker, that the Sec- fund State safety enforcement efforts. The bill properly in the United States and violate U.S. retary appoint a good and decent person to also contains a number of programmatic re- statutes by either not obtaining operating au- the position of administrator, who will focus on forms, including the closing of loopholes in the thority or operating beyond the scope of their safety first, making it their daily goal to reduce Commercial Driver’s License, setting stand- authority. About 98% of these trucks are lim- the number of truck related fatalities on our ards for fines, and improving border safety ef- ited to operating within the commercial zones nation’s highways. This person should not only forts. along the four southern border states, but be knowledgeable in the area of truck safety I am submitting a Joint Explanatory State- Mexican trucks have been found as far away but be free of any conflicts of interest. ment on the bill that explains the provisions of as Washington, New York and my home state Finally, Mr. Speaker, I’d like to express my the bill in more detail. of Illinois. appreciation, and that of the nation, to the It is critical that Congress enact this legisla- Mr. Speaker, in FY98, there were almost gentleman from Pennsylvania for moving this tion before the end of the session since truck- 24,000 safety inspections performed on driv- bill. Because of his efforts, along with those of ing safety functions of the Department are ers and/or vehicles of Mexico domiciled trucks. the gentlemen from Wisconsin, Minnesota and temporarily housed in the Office of the Sec- Forty one percent of these trucks failed to West Virginia, thousands of families across retary. meet U.S. safety requirements, and were the country will be spared that terrible phone If we don’t pass this legislation, I am afraid placed out of service for safety violations. call informing them that a relative has been in- that this organizational limbo will continue. Clearly, it is imperative that we keep these un- volved in an accident. I want the world to The bill is very similar to the bill that passed safe trucks off our highways. know Mr. Speaker, that because of Mr. SHU- the House earlier this year by a vote of 415 Current law provides for only a $500 fine for STER’s leadership on this issue, America’s to 5, which had bipartisan support in Com- those trucks operating where they are not sup- highways will be safer. He deserves our mittee. pose to. This bill will increase penalties for thanks. This is an important bill, that truly will im- Mr. MENENDEZ. Mr. Speaker, this bill those trucks that operate without authority, prove highway safety. I urge passage of this makes our roads for drivers, passengers, and raising the fines to a $10,000 fine and six legislation. pedestrians. For too long, the Department of month suspension maximum for the first of- Mr. OBERSTAR. Mr. Speaker, I with- Transportation has neglected commercial pas- fense and a $25,000 fine and possibly perma- draw my reservation of objection. senger van safety. When the Transportation nent suspension for subsequent offenses, a The SPEAKER pro tempore. Is there Equity Act for the 21st Century passed, I measure I strongly support. objection to the request of the gen- thought the DOT would address this issue be- I believe that this will minimize the number tleman from Pennsylvania? cause that was the intent of Section 4008 in of unsafe trucks on our highways, ensuring There was no objection. the bill. Unfortunately, the DOT did not meet safer roads for everybody. By moving the Of- The Clerk read the House bill, as fol- this intent since they chose to delay the appli- fice of Motor Carriers from the Federal High- lows: cation of Federal Motor Carrier Safety regula- way Administration, it is my hope that the Of- H.R. 3419 tions to for-profit commercial passenger vans. fice will have the power to enforce compliance I am pleased that this bill forces the Depart- Be it enacted by the Senate and House of Rep- to this legislation. ment of Transportation to complete its rule- resentatives of the United States of America in Congress assembled, I urge my colleague to join me in supporting making and not exempt all for-profit commer- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. this bill. cial passenger van operators from the final Mr. WOLF. Mr. Speaker, I rise in support of (a) SHORT TITLE.—This Act may be cited as rule when it is issued. the ‘‘Motor Carrier Safety Improvement Act the bill offered by the gentleman from Penn- Another problem we have and that the bill sylvania. The Motor Carrier Safety Improve- of 1999’’. addresses is the lack of data and information (b) TABLE OF CONTENTS.— ment Act of 1999 forms a new motor carrier on the causes of and contributing factors to safety administration that is charged with im- Sec. 1. Short title; table of contents. crashes involving commercial motor vehicles, Sec. 2. Secretary defined. proving motor carrier safety from its current specifically for-profit commercial passenger Sec. 3. Findings. deplorable state. This bill also includes a num- vans, regardless of where they originate. We Sec. 4. Purposes. ber of needed changes to the commercial driv- have provided the DOT with the resources TITLE I—FEDERAL MOTOR CARRIER ers license program and motor carrier oper- and guidance to complete a comprehensive SAFETY ADMINISTRATION ations along our southern border. This is a study on this issue. It is my hope that this na- Sec. 101. Establishment of Federal Motor good beginning. tional study will give special attention to metro- Carrier Safety Administration. For the past year, the House Appropriations politan areas like northern New Jersey. Sec. 102. Revenue aligned budget authority. Committee, and the Transportation and Infra- I want to thank the Chairman, Mr. SHUSTER, Sec. 103. Additional funding for motor car- rier safety grant program. structure Committee, have been reviewing a and the Ranking Member, Mr. OBERSTAR, on variety of truck safety issues. What we found Sec. 104. Motor carrier safety strategy. these two important provisions which will lead Sec. 105. Commercial motor vehicle safety was appalling. The Office of Motor Carriers, to safer travel for all those who use our roads. advisory committee. which until recently has been housed within Mr. PETRI. Mr. Speaker, H.R. 3419—the Sec. 106. Saving provisions. the Federal Highway Administration, has al- Motor Carrier Safety Improvement Act of Sec. 107. Effective date. lowed motor carrier safety to decline dramati- 1999—is a comprehensive bill that will im- TITLE II—COMMERCIAL MOTOR VEHICLE cally. Last year 5,374 people died in truck re- prove truck and bus safety by strengthening AND DRIVER SAFETY lated accidents. The year before that, 5,398 Federal and State safety programs. Sec. 201. Disqualifications. people died—a decade high. During this same The bill creates a new Federal Motor Carrier Sec. 202. Requirements for State participa- period, safety reviews on trucking companies Safety Administration within the U.S. Depart- tion.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00141 Fmt 0688 Sfmt 0655 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30777 Sec. 203. State noncompliance. SEC. 4. PURPOSES. volving notice and hearing required by law is Sec. 204. Checks before issuance of driver’s The purposes of this Act are— administratively final. licenses. (1) to improve the administration of the ‘‘(i) CONSULTATION.—The Administrator Sec. 205. Registration enforcement. Federal motor carrier safety program and to shall consult with the Federal Highway Ad- Sec. 206. Delinquent payment of penalties. establish a Federal Motor Carrier Safety Ad- ministrator and with the National Highway Sec. 207. State cooperation in registration ministration in the Department of Transpor- Traffic Safety Administrator on matters re- enforcement. tation; and lated to highway and motor carrier safety.’’. Sec. 208. Imminent hazard. (2) to reduce the number and severity of (b) ADMINISTRATIVE EXPENSES.—Section Sec. 209. Household goods amendments. large-truck involved crashes through more 104(a)(1) of title 23, United States Code, is Sec. 210. New motor carrier entrant require- commercial motor vehicle and operator in- amended— ments. spections and motor carrier compliance re- (1) in paragraph (1) by redesignating sub- Sec. 211. Certification of safety auditors. views, stronger enforcement measures paragraphs (A) and (B) as clauses (i) and (ii), Sec. 212. Commercial van rulemaking. against violators, expedited completion of respectively, and by moving the text of such Sec. 213. 24-hour staffing of telephone hot- rulemaking proceedings, scientifically sound clauses 2 ems to the right; line. (2) in paragraph (1) by striking ‘‘exceed 11⁄2 Sec. 214. CDL school bus endorsement. research, and effective commercial driver’s license testing, recordkeeping and sanctions. percent of all sums so made available, as the Sec. 215. Medical certificate. Secretary determines necessary—’’ and in- Sec. 216. Implementation of Inspector Gen- TITLE I—FEDERAL MOTOR CARRIER serting ‘‘exceed— eral recommendations. SAFETY ADMINISTRATION ‘‘(A) 11⁄6 percent of all sums so made avail- Sec. 217. Periodic refiling of motor carrier SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR able, as the Secretary determines nec- identification reports. CARRIER SAFETY ADMINISTRATION. essary—’’; Sec. 218. Border staffing standards. (a) IN GENERAL.—Chapter 1 of title 49, Sec. 219. Foreign motor carrier penalties (3) by striking the period at the end of United States Code, is amended by adding at paragraph (1)(A)(ii) (as redesignated by para- and disqualifications. the end the following: Sec. 220. Traffic law initiative. graphs (1) and (2) of this subsection) and in- Sec. 221. State-to-State notification of vio- ‘‘§ 113. Federal Motor Carrier Safety Adminis- serting ‘‘; and’’ and the following: 1 lations data. tration ‘‘(B) ⁄3 of 1 percent of all sums so made Sec. 222. Minimum and maximum assess- ‘‘(a) IN GENERAL.—The Federal Motor Car- available, as the Secretary determines nec- ments. rier Safety Administration shall be an ad- essary, to administer the provisions of law to Sec. 223. Motor carrier safety progress re- ministration of the Department of Transpor- be financed from appropriations for motor port. tation. carrier safety programs and motor carrier Sec. 224. Study of commercial motor vehicle ‘‘(b) SAFETY AS HIGHEST PRIORITY.—In car- safety research.’’; and— crash causation. rying out its duties, the Administration (4) by adding at the end the following: Sec. 225. Data collection and analysis. shall consider the assignment and mainte- ‘‘(4) LIMITATION ON TRANSFERABILITY.—Un- Sec. 226. Drug test results study. nance of safety as the highest priority, rec- less expressly authorized by law, the Sec- Sec. 227. Approval of agreements. ognizing the clear intent, encouragement, retary may not transfer any sums deducted Sec. 228. DOT authority. and dedication of Congress to the further- under paragraph (1) to a Federal agency or SEC. 2. SECRETARY DEFINED. ance of the highest degree of safety in motor entity other than the Federal Highway Ad- In this Act, the term ‘‘Secretary’’ means carrier transportation. ministration and the Federal Motor Carrier the Secretary of Transportation. ‘‘(c) ADMINISTRATOR.—The head of the Ad- Safety Administration.’’. SEC. 3. FINDINGS. ministration shall be the Administrator who (c) CONFORMING AMENDMENTS.— Congress makes the following findings: shall be appointed by the President, by and (1) CHAPTER ANALYSIS.—The analysis for (1) The current rate, number, and severity with the advice and consent of the Senate, chapter 1 of title 49, United States Code, is of crashes involving motor carriers in the and shall be an individual with professional amended by adding at the end the following: United States are unacceptable. experience in motor carrier safety. The Ad- ‘‘113. Federal Motor Carrier Safety Adminis- (2) The number of Federal and State com- ministrator shall report directly to the Sec- tration.’’. mercial motor vehicle and operator inspec- retary of Transportation. (2) FEDERAL HIGHWAY ADMINISTRATION.— tions is insufficient and civil penalties for ‘‘(d) DEPUTY ADMINISTRATOR.—The Admin- Section 104 of title 49, United States Code, is violators must be utilized to deter future istration shall have a Deputy Administrator amended— violations. appointed by the Secretary, with the ap- (A) in subsection (c)— (3) The Department of Transportation is proval of the President. The Deputy Admin- (i) by striking the semicolon at the end of failing to meet statutorily mandated dead- istrator shall carry out duties and powers paragraph (1) and inserting ‘‘; and’’; lines for completing rulemaking proceedings prescribed by the Administrator. (ii) by striking paragraph (2); and on motor carrier safety and, in some signifi- ‘‘(e) CHIEF SAFETY OFFICER.—The Adminis- (iii) by redesignating paragraph (3) as para- cant safety rulemaking proceedings, includ- tration shall have an Assistant Federal graph (2); ing driver hours-of-service regulations, ex- Motor Carrier Safety Administrator ap- (B) by striking subsection (d); and tensive periods have elapsed without pointed in the competitive service by the (C) by redesignating subsection (e) as sub- progress toward resolution or implementa- Secretary, with the approval of the Presi- section (d). tion. dent. The Assistant Administrator shall be (d) POSITIONS IN EXECUTIVE SERVICE.— (4) Too few motor carriers undergo compli- the Chief Safety Officer of the Administra- (1) ADMINISTRATOR.—Section 5314 of title 5, ance reviews and the Department’s data tion. The Assistant Administrator shall United States Code, is amended by inserting bases and information systems require sub- carry out the duties and powers prescribed after stantial improvement to enhance the De- by the Administrator. ‘‘Administrator of the National Highway partment’s ability to target inspection and ‘‘(f) POWERS AND DUTIES.—The Adminis- Traffic Safety Administration.’’ enforcement resources toward the most seri- trator shall carry out— the following: ous safety problems and to improve States’ ‘‘(1) duties and powers related to motor ‘‘Administrator of the Federal Motor Car- ability to keep dangerous drivers off the carriers or motor carrier safety vested in the rier Safety Administration.’’. roads. Secretary by chapters 5, 51, 55, 57, 59, 133 (2) DEPUTY AND ASSISTANT ADMINISTRA- (5) Additional safety inspectors and inspec- through 149, 311, 313, 315, and 317 and by sec- TORS.—Section 5316 of title 5, United States tion facilities are needed in international tion 18 of the Noise Control Act of 1972 (42 Code, is amended by inserting after border areas to ensure that commercial U.S.C. 4917; 86 Stat. 1249–1250); except as oth- ‘‘Deputy Administrator of the National motor vehicles, drivers, and carriers comply erwise delegated by the Secretary to any Highway Traffic Safety Administration.’’ with United States safety standards. agency of the Department of Transportation the following: (6) The Department should rigorously other than the Federal Highway Administra- ‘‘Deputy Administrator of the Federal avoid conflicts of interest in Federally fund- tion, as of October 8, 1999; and Motor Carrier Safety Administration. ed research. ‘‘(2) additional duties and powers pre- ‘‘Assistant Federal Motor Carrier Safety (7) Meaningful measures to improve safety scribed by the Secretary. Administrator.’’. must be implemented expeditiously to pre- ‘‘(g) LIMITATION ON TRANSFER OF POWERS (e) PERSONNEL LEVELS.—The number of vent increases in motor carrier crashes, inju- AND DUTIES.—A duty or power specified in personnel positions at the Office of Motor ries, and fatalities. subsection (f)(1) may only be transferred to Carrier Safety (and, beginning on January 1, (8) Proper use of Federal resources is essen- another part of the Department when specifi- 2000, the Federal Motor Carrier Safety Ad- tial to the Department’s ability to improve cally provided by law. ministration) at its headquarters location in its research, rulemaking, oversight, and en- ‘‘(h) EFFECT OF CERTAIN DECISIONS.—A de- fiscal year 2000 shall not be increased above forcement activities related to commercial cision of the Administrator involving a duty the level transferred from the Federal High- motor vehicles, operators, and carriers. or power specified in subsection (f)(1) and in- way Administration to the Office of Motor

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30778 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Carrier Safety. The Secretary shall provide ‘‘126. Uniform transferability of Federal-aid available for allocation to a State under detailed justifications to the Committee on highway funds.’’; paragraph (2), the Secretary determines that Commerce, Science, and Transportation of and the State is in substantial compliance with the Senate and the Committee on Transpor- (3) in the item relating to section 163 by each requirement of section 31311 of title 49, tation and Infrastructure of the House of striking ‘‘Sec.’’. United States Code, the Secretary shall allo- Representatives for the personnel requested SEC. 103. ADDITIONAL FUNDING FOR MOTOR cate to the State the withheld funds. for fiscal years 2001, 2002, and 2003 for the CARRIER SAFETY GRANT PROGRAM. (4) PERIOD OF AVAILABILITY OF SUBSE- Federal Motor Carrier Safety Administra- (a) IN GENERAL.—There are authorized to QUENTLY ALLOCATED FUNDS.—Any funds allo- tion when the President submits his budget, be appropriated out of the Highway Trust cated pursuant to paragraph (3) shall remain including a justification for increasing per- Fund (other than the Mass Transit Account) available for expenditure until the last day sonnel at headquarters above the levels so for the Secretary of Transportation to carry of the first fiscal year following the fiscal transferred. out section 31102 of title 49, United States year in which the funds are so allocated. (f) AUTHORITY TO PROMULGATE SAFETY Code, $75,000,000 for each of fiscal years 2001 Sums not expended at the end of such period STANDARDS FOR RETROFITTING.—The author- through 2003. are released to the Secretary for realloca- ity under title 49, United States Code, to pro- (b) INCREASED AUTHORIZATIONS FOR MOTOR tion. mulgate safety standards for commercial CARRIER SAFETY GRANTS.— (5) EFFECT OF NONCOMPLIANCE.—If, on June motor vehicles and equipment subsequent to (1) IN GENERAL.—Section 4003 of the Trans- 30 of the fiscal year in which funds are with- initial manufacture is vested in the Sec- portation Equity Act for the 21st Century held from allocation under paragraph (1), the retary and may be delegated. (112 Stat. 395–398) is amended by adding at State is not substantially complying with (g) CONFLICTS OF INTEREST.— the end the following: each requirement of section 31311 of title 49, (1) COMPLIANCE WITH REGULATION.—In ‘‘(i) INCREASED AUTHORIZATIONS FOR MOTOR United States Code, the funds are released to awarding any contract for research, the Sec- CARRIER SAFETY GRANTS.—The amount made the Secretary for reallocation. retary shall comply with section 1252.209–70 available to incur obligations to carry out SEC. 104. MOTOR CARRIER SAFETY STRATEGY. of title 48, Code of Federal Regulations, as in section 31102 of title 49, United States Code, (a) SAFETY GOALS.—In conjunction with effect on the date of enactment of this sec- by section 31104(a) of such title for each of existing federally required strategic plan- tion. The Secretary shall require that the fiscal years 2001 through 2003 shall be in- ning efforts, the Secretary shall develop a text of such section be included in any re- creased by $65,000,000.’’. long-term strategy for improving commer- cial motor vehicle, operator, and carrier quest for proposal and contract for research (2) CORRESPONDING REDUCTION TO OBLIGA- safety. The strategy shall include an annual made by the Secretary. TION CEILING.—Section 1102 of such Act (23 (2) STUDY.— U.S.C. 104 note; 112 Stat. 1115–1118) is amend- plan and schedule for achieving, at a min- imum, the following goals: (A) IN GENERAL.—The Secretary shall con- ed by adding at the end the following: (1) Reducing the number and rates of duct a study to determine whether or not ‘‘(j) REDUCTION IN OBLIGATION CEILING.— crashes, injuries, and fatalities involving compliance with the section referred to in The limitation on obligations imposed by commercial motor vehicles. paragraph (1) is sufficient to avoid conflicts subsection (a) for each of fiscal years 2001 (2) Improving the consistency and effec- of interest in contracts for research awarded through 2003 shall be reduced by $65,000,000.’’. tiveness of commercial motor vehicle, oper- by the Secretary and to evaluate whether or (c) MAINTENANCE OF EFFORT.—The Sec- ator, and carrier enforcement and compli- not compliance with such section unreason- retary may not make, from funds made ance programs. ably delays or burdens the awarding of such available by or under this section (including (3) Identifying and targeting enforcement contracts. any amendment made by this section), a efforts at high-risk commercial motor vehi- (B) CONSULTATION.—In conducting the grant to a State unless the State first enters cles, operators, and carriers. study under this paragraph, the Secretary into a binding agreement with the Secretary shall consult, as appropriate, with the In- (4) Improving research efforts to enhance that provides that the total expenditures of and promote commercial motor vehicle, op- spector General of the Department of Trans- amounts of the State and its political sub- portation, the Comptroller General, the erator, and carrier safety and performance. divisions (not including amounts of the (b) CONTENTS OF STRATEGY.— heads of other Federal agencies, research or- United States) for the development or imple- (1) MEASURABLE GOALS.—The strategy and ganizations, industry representatives, em- mentation of programs for improving motor annual plans under subsection (a) shall in- ployee organizations, safety organizations, carrier safety and enforcement of regula- clude, at a minimum, specific numeric or and other entities. tions, standards, and orders of the United measurable goals designed to achieve the (C) REPORT.—Not later than 18 months States on commercial motor vehicle safety, strategic goals of subsection (a). The pur- after the date of the enactment of this Act, hazardous materials transportation safety, poses of the numeric or measurable goals are the Secretary shall transmit the Committee and compatible State regulations, standards, as follows: on Commerce, Science, and Transportation and orders will be maintained at a level at (A) To increase the number of inspections of the Senate and the Committee on Trans- least equal to the average level of such ex- and compliance reviews to ensure that all portation and Infrastructure of the House of penditures for fiscal years 1997, 1998, and 1999. high-risk commercial motor vehicles, opera- Representatives a report on the results of (d) EMERGENCY CDL GRANTS.—Section tors, and carriers are examined. the study conducted under this paragraph. 31107 of title 49, United States Code, is (B) To eliminate, with meaningful safety SEC. 102. REVENUE ALIGNED BUDGET AUTHOR- amended by adding at the end the following: measures, the backlog of rulemakings. ITY. ‘‘(c) EMERGENCY CDL GRANTS.—From (C) To improve the quality and effective- (a) IN GENERAL.—Chapter 1 of title 23, amounts made available by subsection (a) for ness of data bases by ensuring that all States United States Code, is amended— a fiscal year, the Secretary of Transpor- and inspectors accurately and promptly re- (1) by redesignating the first section 110, tation may make a grant of up to $1,000,000 port complete safety information. relating to uniform transferability of Fed- to a State whose commercial driver’s license (D) To eliminate, with meaningful civil eral-aid highway funds, as section 126 and program may fail to meet the compliance re- and criminal penalties for violations, the moving and inserting such section after sec- quirements of section 31311(a).’’. backlog of enforcement cases. tion 125 of such chapter; and (e) STATE COMPLIANCE WITH CDL REQUIRE- (E) To provide for a sufficient number of (2) in the remaining section 110, relating to MENTS.— Federal and State safety inspectors, and pro- revenue aligned budget authority— (1) WITHHOLDING OF ALLOCATION FOR NON- vide adequate facilities and equipment, at (A) in subsection (a)(2) by inserting ‘‘and COMPLIANCE.—If a State is not in substantial international border areas. the motor carrier safety grant program’’ compliance with each requirement of section (2) RESOURCE NEEDS.—In addition, the after ‘‘relief)’’; and 31311 of title 49, United States Code, the Sec- strategy and annual plans shall include esti- (B) in subsection (b)(1)(A)— retary shall withhold all amounts that would mates of the funds and staff resources needed (i) by inserting ‘‘and the motor carrier be allocated, but for this paragraph, to the to accomplish each activity. Such estimates safety grant program’’ after ‘‘program)’’; State from funds made available by or under shall also include the staff skills and train- (ii) by striking ‘‘title and’’ and inserting this section (including any amendment made ing needed for timely and effective accom- ‘‘title,’’; and by this section). plishment of each goal. (iii) by inserting ‘‘, and subchapter I of (2) PERIOD OF AVAILABILITY OF WITHHELD (3) SAVINGS CLAUSE.—In developing and as- chapter 311 of title 49’’ after ‘‘21st Century’’. FUNDS.—Any funds withheld under paragraph sessing progress toward meeting the measur- (b) CONFORMING AMENDMENT.—The analysis (1) from any State shall remain available able goals set forth in this subsection, the for such chapter is amended— until June 30 of the fiscal year for which the Secretary and the Federal Motor Carrier (1) by striking funds are authorized to be appropriated. Safety Administrator shall not take any ac- ‘‘110. Uniform transferability of Federal-aid (3) ALLOCATION OF WITHHELD FUNDS AFTER tion that would impinge on the due process highway funds.’’; COMPLIANCE.—If, before the last day of the rights of motor carriers and drivers. (2) by inserting after the item relating to period for which funds are withheld under (c) SUBMISSION WITH THE PRESIDENT’S section 125 the following: paragraph (1) from allocation are to remain BUDGET.—Beginning with fiscal year 2001 and

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30779 each fiscal year thereafter, the Secretary advisory committee to provide advice and the same terms and conditions and to the shall submit to Congress the strategy and recommendations on a range of motor car- same extent that such proceeding could have annual plan at the same time as the Presi- rier safety issues. been discontinued or modified if this Act had dent’s budget submission. (b) COMPOSITION.—The members of the ad- not been enacted. (d) ANNUAL PERFORMANCE.— visory committee shall be appointed by the (3) ORDERLY TRANSFER.—The Secretary is (1) ANNUAL PERFORMANCE AGREEMENT.—For Secretary and shall include representatives authorized to provide for the orderly transfer each of fiscal years 2001 through 2003, the fol- of the motor carrier industry, drivers, safety of pending proceedings from the Office. lowing officials shall enter into annual per- advocates, manufacturers, safety enforce- (d) SUITS.— formance agreements: ment officials, law enforcement agencies of (1) IN GENERAL.—This Act shall not affect (A) The Secretary and the Federal Motor border States, and other individuals affected suits commenced before the date of the en- Carrier Safety Administrator. by rulemakings under consideration by the actment of this Act, except as provided in (B) The Administrator and the Deputy Department of Transportation. Representa- paragraphs (2) and (3). In all such suits, pro- Federal Motor Carrier Safety Administrator. tives of a single interest group may not con- ceeding shall be had, appeals taken, and (C) The Administrator and the Chief Safety stitute a majority of the members of the ad- judgments rendered in the same manner and Officer of the Federal Motor Carrier Safety visory committee. with the same effect as if this Act had not Administration. (c) FUNCTION.—The advisory committee been enacted. (D) The Administrator and the regulatory shall provide advice to the Secretary on (2) SUITS BY OR AGAINST OMCS.—Any suit by ombudsman of the Administration des- commercial motor vehicle safety regulations or against the Office begun before January 1, ignated by the Administrator under sub- and other matters relating to activities and 2000, shall be continued, insofar as it in- section (f). functions of the Federal Motor Carrier Safe- volves a function retained and transferred (2) GOALS.—Each annual performance ty Administration. under this Act, with the Administration (to agreement entered into under paragraph (1) (d) TERMINATION DATE.—The advisory com- the extent the suit involves functions trans- shall include the appropriate numeric or mittee shall remain in effect until Sep- ferred to the Administration under this Act) measurable goals of subsection (b). tember 30, 2003. substituted for the Office. (3) PROGRESS ASSESSMENT.—Consistent SEC. 106. SAVINGS PROVISION. (3) REMANDED CASES.—If the court in a suit with the current performance appraisal sys- (a) TRANSFER OF ASSETS AND PERSONNEL.— described in paragraph (1) remands a case to tem of the Department of Transportation, Except as otherwise provided in this Act and the Administration, subsequent proceedings the Secretary shall assess the progress of the amendments made by this Act, those related to such case shall proceed in accord- each official (other than the Secretary) re- personnel, property, and records employed, ance with applicable law and regulations as ferred to in paragraph (1) toward achieving used, held, available, or to be made available in effect at the time of such subsequent pro- the goals in his or her performance agree- in connection with a function transferred to ceedings. ment. The Secretary shall convey the assess- the Federal Motor Carrier Safety Adminis- (e) CONTINUANCE OF ACTIONS AGAINST OFFI- ment to such official, including identifica- tration by this Act shall be transferred to CERS.—No suit, action, or other proceeding tion of any deficiencies that should be reme- the Administration for use in connection commenced by or against any officer in his diated before the next progress assessment. with the functions transferred, and unex- official capacity as an officer of the Office (4) ADMINISTRATION.—In deciding whether pended balances of appropriations, alloca- shall abate by reason of the enactment of or not to award a bonus or other achieve- tions, and other funds of the Office of Motor this Act. No cause of action by or against the ment award to an official of the Administra- Carrier Safety (including any predecessor en- Office, or by or against any officer thereof in tion who is a party to a performance agree- tity) shall also be transferred to the Admin- his official capacity, shall abate by reason of ment required by this subsection, the Sec- istration. enactment of this Act. retary shall give substantial weight to (b) LEGAL DOCUMENTS.—All orders, deter- (f) EXERCISE OF AUTHORITIES.—Except as whether the official has made satisfactory minations, rules, regulations, permits, otherwise provided by law, an officer or em- progress toward meeting the goals of his or grants, loans, contracts, settlements, agree- ployee of the Administration may, for pur- her performance agreement. ments, certificates, licenses, and privileges— poses of performing a function transferred by (e) ACHIEVEMENT OF GOALS.— (1) that have been issued, made, granted, or this Act or the amendments made by this (1) PROGRESS ASSESSMENT.—No less fre- Act, exercise all authorities under any other quently than semiannually, the Secretary allowed to become effective by the Office, any officer or employee of the Office, or any provision of law that were available with re- and the Administrator shall assess the spect to the performance of that function to progress of the Administration toward other Government official, or by a court of competent jurisdiction, in the performance the official responsible for the performance achieving the strategic goals of subsection of the function immediately before the effec- (a). The Secretary and the Administrator of any function that is transferred by this Act or the amendments made by this Act; tive date of the transfer of the function shall convey their assessment to the employ- under this Act or the amendments made by ees of the Administration and shall identify and (2) that are in effect on the effective date this Act. any deficiencies that should be remediated (g) REFERENCES.—Any reference to the Of- before the next progress assessment. of such transfer (or become effective after such date pursuant to their terms as in ef- fice in any Federal law, Executive order, (2) REPORT TO CONGRESS.—The Secretary rule, regulation, or delegation of authority, shall report annually to Congress the con- fect on such effective date), shall continue in effect according to their or any document of or pertaining to the Of- tents of each performance agreement entered fice or an officer or employee of the Office is into under subsection (d) and the official’s terms until modified, terminated, super- seded, set aside, or revoked in accordance deemed to refer to the Administration or a performance relative to the goals of the per- member or employee of the Administration, formance agreement. In addition, the Sec- with law by the Administration, any other authorized official, a court of competent ju- as appropriate. retary shall report to Congress on the per- SEC. 107. EFFECTIVE DATE. formance of the Administration relative to risdiction, or operation of law. (c) PROCEEDINGS.— (a) IN GENERAL.—This Act shall take effect the goals of the motor carrier safety strat- on the date of enactment of this Act; except egy and annual plan under subsection (a). (1) IN GENERAL.—The provisions of this Act shall not affect any proceedings or any appli- that the amendments made by section 101 (f) EXPEDITING REGULATORY PRO- shall take effect on January 1, 2000. CEEDINGS.—The Administrator shall des- cation for any license pending before the Of- fice at the time this Act takes effect, insofar (b) BUDGET SUBMISSIONS.—The President’s ignate a regulatory ombudsman to expedite budget submission for fiscal year 2001 and rulemaking proceedings. The Secretary and as those functions are transferred by this Act; but such proceedings and applications, each fiscal year thereafter shall reflect the the Administrator shall each delegate to the establishment of the Federal Motor Carrier ombudsman such authority as may be nec- to the extent that they relate to functions so Safety Administration in accordance with essary for the ombudsman to expedite rule- transferred, shall be continued. Orders shall this Act. making proceedings of the Administration to be issued in such proceedings, appeals shall comply with statutory and internal depart- be taken therefrom, and payments shall be TITLE II—COMMERCIAL MOTOR VEHICLE mental deadlines, including authority to— made pursuant to such orders, as if this Act AND DRIVER SAFETY (1) make decisions to resolve disagree- had not been enacted; and orders issued in SEC. 201. DISQUALIFICATIONS. ments between officials in the Administra- any such proceedings shall continue in effect (a) DRIVING WHILE DISQUALIFIED AND CAUS- tion who are participating in a rulemaking until modified, terminated, superseded, or ING A FATALITY.— process; and revoked by a duly authorized official, by a (1) FIRST VIOLATION.—Section 31310(b)(1) of (2) ensure that sufficient staff are assigned court of competent jurisdiction, or by oper- title 49, United States Code, is amended— to rulemaking projects to meet all deadlines. ation of law. (A) by striking ‘‘or’’ at the end of subpara- SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY (2) STATUTORY CONSTRUCTION.—Nothing in graph (B); ADVISORY COMMITTEE. this subsection shall be deemed to prohibit (B) by striking the period at the end of (a) ESTABLISHMENT.—The Secretary may the discontinuance or modification of any subparagraph (C) and inserting a semicolon; establish a commercial motor vehicle safety proceeding described in paragraph (1) under and

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30780 CONGRESSIONAL RECORD—HOUSE November 18, 1999 (C) by adding at the end the following: ‘‘(B) a drug or alcohol related offense in- the issuing State of the violations not later ‘‘(D) committing a first violation of driv- volving a motor vehicle (other than a com- than 10 days after the date the individual is ing a commercial motor vehicle when the in- mercial motor vehicle). found to have committed the violation.’’. dividual’s commercial driver’s license is re- ‘‘(2) REQUIREMENTS FOR REGULATIONS.— (d) PROVISIONAL LICENSES.—Section voked, suspended, or canceled based on the Regulations issued under under paragraph (1) 31311(a)(10) of such title is amended— individual’s operation of a commercial shall establish the minimum periods for (1) by striking ‘‘(10)’’ and inserting motor vehicle or when the individual is dis- which the disqualifications shall be in effect, ‘‘(10)(A); and qualified from operating a commercial motor but in no case shall the time periods for dis- (2) by adding at the end the following: vehicle based on the individual’s operation of qualification for noncommercial motor vehi- ‘‘(B) The State may not issue a special li- a commercial motor vehicle; or cle violations be more stringent than those cense or permit (including a provisional or ‘‘(E) convicted of causing a fatality for offenses or violations involving a com- temporary license) to an individual who through negligent or criminal operation of a mercial motor vehicle. The Secretary shall holds a commercial driver’s license that per- commercial motor vehicle.’’. determine such periods based on the serious- mits the individual to drive a commercial (2) SECOND AND MULTIPLE VIOLATIONS.—Sec- ness of the offenses on which the convictions motor vehicle during a period in which— tion 31310(c)(1) of such title is amended— are based.’’; and ‘‘(i) the individual is disqualified from op- (A) by striking ‘‘or’’ at the end of subpara- (3) in subsection (h) (as redesignated by erating a commercial motor vehicle; or graph (C); paragraph (1) of this subsection) by striking ‘‘(ii) the individual’s driver’s license is re- (B) by redesignating subparagraph (D) as ‘‘(b)–(e)’’ each place it appears and inserting voked, suspended, or canceled.’’. subparagraph (F); ‘‘(b) through (g)’’. (e) PENALTIES.—Section 31311(a)(13) of such (C) by inserting after subparagraph (C) the (c) SERIOUS TRAFFIC VIOLATIONS.—Section title is amended— following: 31301(12) of such title is amended— (1) by inserting ‘‘consistent with this chap- ‘‘(D) committing more than one violation (1) by striking ‘‘and’’ at the end of subpara- ter that’’ after ‘‘penalties’’; and of driving a commercial motor vehicle when graph (C); (2) by striking ‘‘vehicle’’ the first place it the individual’s commercial driver’s license (2) by redesignating subparagraph (D) as appears and all that follows through the pe- is revoked, suspended, or canceled based on subparagraph (G); and riod at the end and inserting ‘‘vehicle.’’. the individual’s operation of a commercial (3) by inserting after subparagraph (C) the (f) RECORDS OF VIOLATIONS.—Section motor vehicle or when the individual is dis- following: 31311(a) of such title is amended by adding at qualified from operating a commercial motor ‘‘(D) driving a commercial motor vehicle the end the following: vehicle based on the individual’s operation of when the individual has not obtained a com- ‘‘(18) The State shall maintain, as part of a commercial motor vehicle; mercial driver’s license; its driver information system, a record of ‘‘(E) convicted of more than one offense of ‘‘(E) driving a commercial motor vehicle each violation of a State or local motor vehi- causing a fatality through negligent or when the individual does not have in his or cle traffic control law while operating a criminal operation of a commercial motor her possession a commercial driver’s license motor vehicle (except a parking violation) vehicle; or’’; and unless the individual provides, by the date for each individual who holds a commercial (D) in subparagraph (F) (as redesignated by that the individual must appear in court or driver’s license. The record shall be available subparagraph (B) of this paragraph) by strik- pay any fine with respect to the citation, to upon request to the individual, the Sec- ing ‘‘clauses (A)–(C) of this paragraph’’ and the enforcement authority that issued the retary, employers, prospective employers, inserting ‘‘subparagraphs (A) through (E)’’. citation proof that the individual held a State licensing and law enforcement agen- valid commercial driver’s license on the date (3) CONFORMING AMENDMENT.—Section cies, and their authorized agents.’’. 31301(12)(C) of such title is amended by in- of the citation; (g) MASKING.—Section 31311(a) of such title serting ‘‘, other than a violation to which ‘‘(F) driving a commercial motor vehicle is further amended by adding at the end the section 31310(b)(1)(E) or 31310(c)(1)(E) ap- when the individual has not met the min- following: plies’’ after ‘‘a fatality’’. imum testing standards— ‘‘(19) The State shall— ‘‘(i) under section 31305(a)(3) for the spe- (b) EMERGENCY DISQUALIFICATION; NON- ‘‘(A) record in the driving record of an indi- cific class of vehicle the individual is oper- COMMERCIAL MOTOR VEHICLE CONVICTIONS.— vidual who has a commercial driver’s license Section 31310 of such title is amended— ating; or issued by the State; and (1) by redesignating subsections (f), (g), and ‘‘(ii) under section 31305(a)(5) for the type ‘‘(B) make available to all authorized per- (h) as subsections (h), (i), and (j), respec- of cargo the vehicle is carrying; and’’. sons and governmental entities having ac- (d) CONFORMING AMENDMENTS.—Section tively; cess to such record, 31305(b)(1) of such title is amended— (2) by inserting after subsection (e) the fol- all information the State receives under (1) by striking ‘‘to operate the vehicle’’; lowing: paragraph (9) with respect to the individual and ‘‘(f) EMERGENCY DISQUALIFICATION.— and every violation by the individual involv- (2) by inserting before the period at the end ‘‘(1) LIMITED DURATION.—The Secretary ing a motor vehicle (including a commercial ‘‘to operate the vehicle and has a commer- shall disqualify an individual from operating motor vehicle) of a State or local law on cial driver’s license to operate the vehicle’’. a commercial motor vehicle for not to ex- traffic control (except a parking violation), ceed 30 days if the Secretary determines that SEC. 202. REQUIREMENTS FOR STATE PARTICIPA- not later than 10 days after the date of re- TION. allowing the individual to continue to oper- ceipt of such information or the date of such (a) REQUESTS FOR DRIVING RECORD INFOR- ate a commercial motor vehicle would create violation, as the case may be. The State may MATION.—Section 31311(a)(6) of title 49, not allow information regarding such viola- an imminent hazard (as such term is defined United States Code, is amended— in section 5102). tions to be withheld or masked in any way (1) by inserting ‘‘or renewing such a li- from the record of an individual possessing a ‘‘(2) AFTER NOTICE AND HEARING.—The Sec- cense’’ before the comma; and retary shall disqualify an individual from op- commercial driver’s license.’’. (2) by striking ‘‘commercial’’ the second ONCOMMERCIAL MOTOR VEHICLE CON- erating a commercial motor vehicle for more (h) N place it appears. VICTIONS.—Section 31311(a) of such title is than 30 days if the Secretary determines, (b) RECORDING OF VIOLATIONS.—Section further amended by adding at the end the after notice and an opportunity for a hear- 31311(a)(8) of such title is amended by insert- following: ing, that allowing the individual to continue ing before the period at the end the fol- ‘‘(20) The State shall revoke, suspend, or to operate a commercial motor vehicle lowing: ‘‘, and the violation that resulted in cancel the commercial driver’s license of an would create an imminent hazard (as such the disqualification, revocation, suspension, individual in accordance with regulations term is defined in section 5102). or cancellation shall be recorded’’. issued by the Secretary to carry out section ‘‘(g) NONCOMMERCIAL MOTOR VEHICLE CON- (c) NOTIFICATION OF STATE OFFICIALS.—Sec- 31310(g).’’. VICTIONS.— tion 31311(a)(9) of such title is amended to SEC. 203. STATE NONCOMPLIANCE. ‘‘(1) ISSUANCE OF REGULATIONS.—Not later read as follows: than 1 year after the date of enactment of ‘‘(9) If an individual violates a State or (a) IN GENERAL.—Chapter 313 of title 49, this Act, the Secretary shall issue regula- local law on motor vehicle traffic control United States Code, is amended by inserting tions providing for the disqualification by (except a parking violation) and the indi- after section 31311 the following: the Secretary from operating a commercial vidual— ‘‘§ 31312. Decertification authority motor vehicle of an individual who holds a ‘‘(A) has a commercial driver’s license ‘‘(a) IN GENERAL.—If the Secretary of commercial driver’s license and who has issued by another State; or Transportation determines that a State is in been convicted of— ‘‘(B) is operating a commercial vehicle substantial noncompliance with this chap- ‘‘(A) a serious offense involving a motor without a commercial driver’s license and ter, the Secretary shall issue an order to— vehicle (other than a commercial motor ve- has a driver’s license issued by another ‘‘(1) prohibit that State from carrying out hicle) that has resulted in the revocation, State; licensing procedures under this chapter; and cancellation, or suspension of the individ- the State in which the violation occurred ‘‘(2) prohibit that State from issuing any ual’s license; or shall notify a State official designated by commercial driver’s licenses until such time

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30781 the Secretary determines such State is in (2) by inserting ‘‘(A)’’ before ‘‘suspend’’; Code, is amended by striking ‘‘, including’’ substantial compliance with this chapter. (3) by striking the period at the end of the and all that follows through ‘‘dwelling,’’ and ‘‘(b) EFFECT ON OTHER STATES.—A State second sentence and inserting ‘‘; and (B) sus- inserting ‘‘, except such term does not in- (other than a State subject to an order under pend, amend, or revoke any part of the reg- clude property moving from a factory or subsection (a)) may issue a non-resident istration of a motor carrier, broker, or store, other than property that the house- commercial driver’s license to an individual freight forwarder (i) for failure to pay a civil holder has purchased with the intent to use domiciled in a State that is prohibited from penalty imposed under chapter 5, 51, 149, or in his or her dwelling and is transported at such activities under subsection (a) if that 311 of this title, or (ii) for failure to arrange the request of, and the transportation individual meets all requirements of this and abide by an acceptable payment plan for charges are paid to the carrier by, the house- chapter and the nonresident licensing re- such civil penalty, within 90 days of the time holder;’’. quirements of the issuing State. specified by order of the Secretary for the (b) ARBITRATION REQUIREMENTS.—Section ‘‘(c) PREVIOUSLY ISSUED LICENSES.—Noth- payment of such penalty. Subparagraph (B) 14708(b)(6) of such title is amended by strik- ing in this section shall be construed as in- shall not apply to any person who is unable ing ‘‘$1,000’’ each place it appears and insert- validating or otherwise affecting commercial to pay a civil penalty because such person is ing ‘‘$5,000’’. driver’s licenses issued by a State before the a debtor in a case under chapter 11 of title 11. (c) STUDY OF ENFORCEMENT OF CONSUMER date of issuance of an order under subsection ‘‘(2) REGULATIONS.—Not later than 12 PROTECTION RULES IN THE HOUSEHOLD GOODS (a) with respect to the State.’’. months after the date of the enactment of MOVING INDUSTRY.—The Comptroller General (b) CONFORMING AMENDMENT.—The chapter this paragraph, the Secretary, after notice shall conduct a study of the effectiveness of analysis for chapter 313 of such title is and opportunity for public comment, shall the Department of Transportation’s enforce- amended by inserting after the item relating issue regulations to provide for the suspen- ment of household goods consumer protec- to section 31311 the following: sion, amendment, or revocation of a registra- tion rules under title 49, United States Code. ‘‘31312. Decertification authority.’’. tion under this part for failure to pay a civil The study shall also include a review of SEC. 204. CHECKS BEFORE ISSUANCE OF DRIV- penalty as provided in paragraph (1)(B).’’; other potential methods of enforcing such ER’S LICENSES. and rules, including allowing States to enforce Section 30304 of title 49, United States (4) by indenting paragraph (1) (as des- such rules. Code, is amended by adding at the end the ignated by paragraph (1) of this section) and SEC. 210. NEW MOTOR CARRIER ENTRANT RE- following: aligning such paragraph with paragraph (2) QUIREMENTS. ‘‘(e) DRIVER RECORD INQUIRY.—Before of such section (as added by paragraph (3) of (a) SAFETY REVIEWS.—Section 31144 of title issuing a motor vehicle operator’s license to this section). 49, United States Code, is amended by adding an individual or renewing such a license, a (b) PROHIBITED TRANSPORTATION BY COM- at the end the following: State shall request from the Secretary infor- MERCIAL MOTOR VEHICLE OPERATORS.—Sec- ‘‘(c) SAFETY REVIEWS OF NEW OPERATORS.— mation from the National Driver Register tion 521(b) of such title is amended— ‘‘(1) IN GENERAL.—The Secretary shall re- under section 30302 and the commercial driv- (1) by redesignating paragraphs (8) through quire, by regulation, each owner and each er’s license information system under sec- (13) as paragraphs (9) through (14), respec- operator granted new operating authority, tion 31309 on the individual’s driving tively; and after the date on which section 31148(b) is record.’’. (2) by inserting after paragraph (7) the fol- first implemented, to undergo a safety re- lowing: SEC. 205. REGISTRATION ENFORCEMENT. view within the first 18 months after the ‘‘(8) PROHIBITION ON OPERATION IN INTER- Section 13902 of title 49, United States owner or operator, as the case may be, be- STATE COMMERCE AFTER NONPAYMENT OF PEN- Code, is amended— gins operations under such authority. ALTIES.— (1) by redesignating subsection (e) as sub- ‘‘(2) ELEMENTS.—In the regulations issued ‘‘(A) IN GENERAL.—An owner or operator of pursuant to paragraph (1), the Secretary section (f); and a commercial motor vehicle against whom a (2) by inserting after subsection (d) the fol- shall establish the elements of the safety re- civil penalty is assessed under this chapter view, including basic safety management lowing: or chapter 51, 149, or 311 of this title and who ‘‘(e) PENALTIES FOR FAILURE TO COMPLY controls. In establishing such elements, the does not pay such penalty or fails to arrange WITH REGISTRATION REQUIREMENTS.—In addi- Secretary shall consider their effects on and abide by an acceptable payment plan for tion to other penalties available under law, small businesses and shall consider estab- such civil penalty may not operate in inter- lishing alternate locations where such re- motor carriers that fail to register their op- state commerce beginning on the 91st day erations as required by this section or that views may be conducted for the convenience after the date specified by order of the Sec- of small businesses. operate beyond the scope of their registra- retary for payment of such penalty. This ‘‘(3) PHASE-IN OF REQUIREMENT.—The Sec- tions may be subject to the following pen- paragraph shall not apply to any person who alties: retary shall phase in the requirements of is unable to pay a civil penalty because such paragraph (1) in a manner that takes into ac- ‘‘(1) OUT-OF-SERVICE ORDERS.—If, upon in- person is a debtor in a case under chapter 11 count the availability of certified motor car- spection or investigation, the Secretary de- of title 11. rier safety auditors. termines that a motor vehicle providing ‘‘(B) REGULATIONS.—Not later than 12 ‘‘(4) NEW ENTRANT AUTHORITY.—Notwith- transportation requiring registration under months after the date of enactment of this standing any other provision of this title, this section is operating without a registra- paragraph, the Secretary, after notice and an any new operating authority granted after tion or beyond the scope of its registration, opportunity for public comment, shall issue the date on which section 31148(b) is first im- the Secretary may order the vehicle out-of- regulations setting forth procedures for or- plemented shall be designated as new en- service. Subsequent to the issuance of the dering commercial motor vehicle owners and trant authority until the safety review re- out-of-service order, the Secretary shall pro- operators delinquent in paying civil pen- vide an opportunity for review in accordance alties to cease operations until payment has quired by paragraph (1) is completed.’’. (b) MINIMUM REQUIREMENTS.—The Sec- with section 554 of title 5; except that such been made.’’. review shall occur not later than 10 days retary shall initiate a rulemaking to estab- SEC. 207. STATE COOPERATION IN REGISTRA- lish minimum requirements for applicant after issuance of such order. TION ENFORCEMENT. ‘‘(2) PERMISSION FOR OPERATIONS.—A person Section 31102(b)(1) of title 49, United States motor carriers, including foreign motor car- domiciled in a country contiguous to the Code, is amended— riers, seeking Federal interstate operating United States with respect to which an ac- (1) by aligning subparagraph (A) with sub- authority to ensure applicant carriers are tion under subsection (c)(1)(A) or (c)(1)(B) is paragraph (B) of such section; and knowledgeable about applicable Federal in effect and providing transportation for (2) by striking subparagraph (R) and in- motor carrier safety standards. As part of which registration is required under this sec- serting the following: that rulemaking, the Secretary shall con- tion shall maintain evidence of such reg- ‘‘(R) ensures that the State will cooperate sider the establishment of a proficiency ex- istration in the motor vehicle when the per- in the enforcement of registration require- amination for applicant motor carriers as son is providing the transportation. The Sec- ments under section 13902 and financial re- well as other requirements to ensure such retary shall not permit the operation in sponsibility requirements under sections applicants understand applicable safety reg- interstate commerce in the United States of 13906, 31138, and 31139 and regulations issued ulations before being granted operating au- any motor vehicle in which there is not a thereunder;’’. thority. SEC. 211. CERTIFICATION OF SAFETY AUDITORS. copy of the registration issued pursuant to SEC. 208. IMMINENT HAZARD. this section.’’. Section 521(b)(5)(B) of title 49, United (a) IN GENERAL.—Chapter 311 of title 49, SEC. 206. DELINQUENT PAYMENT OF PENALTIES. States Code, is amended by striking ‘‘is like- United States Code, is amended by adding at (a) REVOCATION OF REGISTRATION.—Section ly to result in’’ and inserting ‘‘substantially the end the following: 13905(c) of title 49, United States Code is increases the likelihood of’’. ‘‘§ 31148. Certified motor carrier safety audi- amended— SEC. 209. HOUSEHOLD GOODS AMENDMENTS. tors (1) by inserting ‘‘(1) IN GENERAL.—’’ before (a) DEFINITION OF HOUSEHOLD GOODS.—Sec- ‘‘(a) IN GENERAL.—Not later than 1 year ‘‘On application’’; tion 13102(10)(A) of title 49, United States after the date of enactment of this section,

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the Secretary of Transportation shall com- (3) in subsection (e) (as redesignated by (b) FACTORS TO BE CONSIDERED.—In devel- plete a rulemaking to improve training and paragraph (1) of this section)— oping standards under subsection (a), the provide for the certification of motor carrier (A) by striking ‘‘104(a)’’ and inserting Secretary shall consider volume of traffic, safety auditors, including private contrac- ‘‘104(a)(1)(B)’’; and hours of operation of the border facility, tors, to conduct safety inspection audits and (B) by striking ‘‘for each of fiscal years types of commercial motor vehicles, types of reviews described in subsection (b). 1999’’ and inserting ‘‘for fiscal year 1999 and cargo, delineation of responsibility between ‘‘(b) CERTIFIED INSPECTION AUDIT REQUIRE- $375,000 for each of fiscal years 2000’’. Federal and State inspectors, and such other MENT.—Not later than 1 year after comple- SEC. 214. CDL SCHOOL BUS ENDORSEMENT. factors as the Secretary determines appro- tion of the rulemaking required by sub- The Secretary shall conduct a rulemaking priate. section (a), any safety inspection audit or re- to establish a special commercial driver’s li- (c) MAINTENANCE OF EFFORT.—The stand- view required by, or based on the authority cense endorsement for drivers of school ards developed and implemented under sub- of, this chapter or chapter 5, 313, or 315 of buses. The endorsement shall, at a min- section (a) shall ensure that the United this title and performed after December 31, imum— States and each State will not reduce its re- 2002, shall be conducted by— (1) include a driving skills test in a school spective level of staffing of motor carrier ‘‘(1) a motor carrier safety auditor cer- bus; and safety inspectors in international border tified under subsection (a); or (2) address proper safety procedures for—± areas from its average level staffing for fis- ‘‘(2) a Federal or State employee who, on (A) loading and unloading children; cal year 2000. the date of enactment of this section, was (B) using emergency exits; and (d) BORDER COMMERCIAL MOTOR VEHICLE qualified to perform such an audit or review. (C) traversing highway rail grade cross- AND SAFETY ENFORCEMENT PROGRAMS.— ‘‘(c) EXTENSION.—If the Secretary deter- ings. (1) ENFORCEMENT.—If, on October 1, 2001, mines that subsection (b) cannot be imple- and October 1 of each fiscal year thereafter, SEC. 215. MEDICAL CERTIFICATE. mented within the 1-year period established the Secretary has not ensured that the levels The Secretary shall initiate a rulemaking by that subsection and notifies the Com- of staffing required by the standards devel- to provide for a Federal medical qualifica- mittee on Commerce, Science, and Transpor- oped under subsection (a) are deployed, the tion certificate to be made a part of commer- tation of the Senate and the Committee on Secretary should designate the amount made cial driver’s licenses. Transportation and Infrastructure of the available for allocation under section House of Representatives of the determina- SEC. 216. IMPLEMENTATION OF INSPECTOR GEN- 31104(f)(2)(B) of title 49, United States Code, tion and the reasons therefor, the Secretary ERAL RECOMMENDATIONS. for such fiscal year for States, local govern- may extend the deadline for compliance with (a) IN GENERAL.—The Secretary shall im- ments, and other persons for carrying out subsection (b) by not more than 12 months. plement the safety improvement rec- border commercial motor vehicle safety pro- ‘‘(d) APPLICATION WITH OTHER AUTHOR- ommendations provided for in the Depart- grams and enforcement activities and ITY.—The Secretary may not delegate the ment of Transportation Inspector General’s projects. Secretary’s authority to private contractors Report TR–1999–091, except to the extent that (2) ALLOCATION.—If the Secretary makes a to issue ratings or operating authority, and such recommendations are specifically ad- designation of an amount under paragraph nothing in this section authorizes any pri- dressed in sections 206, 208, 217, and 222 of (1), such amount shall be allocated by the vate contractor to issue ratings or operating this Act, including any amendments made by Secretary to State agencies, local govern- authority. such sections. ments, and other persons that use and train ‘‘(e) OVERSIGHT RESPONSIBILITY.—The Sec- (b) REPORTS TO CONGRESS.— qualified officers and employees in coordina- retary shall have authority over any motor (1) REPORTS BY THE SECRETARY.—Not later tion with State motor vehicle safety agen- carrier safety auditor certified under sub- than 90 days after the date of enactment of cies. section (a), including the authority to decer- this Act, and every 90 days thereafter until (3) LIMITATION.—If the Secretary makes a tify a motor carrier safety auditor.’’. each of the recommendations referred to in designation pursuant to paragraph (1) for a (b) CONFORMING AMENDMENT.—The analysis subsection (a) has been implemented, the fiscal year, the Secretary may not make a for such chapter 311 is amended by adding at Secretary shall transmit to the Committee designation under section 31104(f)(2)(B) of the end the following: on Commerce, Science, and Transportation title 49, United States Code, for such fiscal ‘‘31148. Certified motor carrier safety audi- of the Senate and the Committee on Trans- year. portation and Infrastructure of the House of tors.’’. SEC. 219. FOREIGN MOTOR CARRIER PENALTIES Representatives a report on the specific ac- SEC. 212. COMMERCIAL VAN RULEMAKING. AND DISQUALIFICATIONS. tions taken to implement such recommenda- Not later than 1 year after the date of en- (a) GENERAL RULE.—Subject to subsections tions. actment of this Act, the Secretary shall (b) and (c), a foreign motor carrier or foreign (2) REPORTS BY THE INSPECTOR GENERAL.— complete Department of Transportation’s motor private carrier (as such terms are de- The Inspector General shall periodically rulemaking, Docket No. FHWA–99–5710, to fined under section 13102 of title 49, United transmit to the Committees referred to in amend Federal motor carrier safety regula- States Code) that operates without author- paragraph (1) a report assessing the Sec- tions to determine which motor carriers op- ity, before the implementation of the land retary’s progress in implementing the rec- erating commercial motor vehicles designed transportation provisions of the North ommendations referred to in subsection (a) or used to transport between 9 and 15 pas- American Free Trade Agreement, outside the and analyzing the number of violations cited sengers (including the driver) for compensa- boundaries of a commercial zone along the by safety inspectors and the level of fines as- tion shall be covered. At a minimum, the United States-Mexico border shall be liable sessed and collected for such violations, and rulemaking shall apply such regulations to— to the United States for a civil penalty and of the number of cases in which there are (1) commercial vans commonly referred to shall be disqualified from operating a com- findings of extraordinary circumstances as ‘‘camionetas’’; and mercial motor vehicle anywhere within the under section 222(c) of this Act and the cir- (2) those commercial vans operating in United States as provided in subsections (b) cumstances in which these findings are interstate commerce outside commercial and (c). made. zones that have been determined to pose se- (b) PENALTY FOR INTENTIONAL VIOLATION.— rious safety risks. SEC. 217. PERIODIC REFILING OF MOTOR CAR- The civil penalty for an intentional violation In no case should the rulemaking exempt RIER IDENTIFICATION REPORTS. of subsection (a) by a carrier shall not be from such regulations all motor carriers op- The Secretary shall amend section 385.21 of more than $10,000 and may include a dis- erating commercial vehicles designed or used the Department of Transportation’s regula- qualification from operating a commercial to transport between 9 and 15 passengers (in- tions (49 C.F.R. 385.21) to require periodic up- motor vehicle anywhere within the United cluding the driver) for compensation. dating, not more frequently than once every States for a period of not more than 6 SEC. 213. 24-HOUR STAFFING OF TELEPHONE 2 years, of the motor carrier identification months. HOTLINE. report, form MCS–150, filed by each motor (c) PENALTY FOR PATTERN OF INTENTIONAL Section 4017 of the Transportation Equity carrier conducting operations in interstate VIOLATIONS.—The civil penalty for a pattern Act for the 21st Century (49 U.S.C. 31143 note; or foreign commerce. The initial update of intentional violations of subsection (a) by 112 Stat. 413) is amended— shall occur not later than 1 year after the a carrier shall not be more than $25,000 and (1) by redesignating subsections (c) and (d) date of enactment of this Act. the carrier shall be disqualified from oper- as subsections (d) and (e), respectively; SEC. 218. BORDER STAFFING STANDARDS. ating a commercial motor vehicle anywhere (2) by inserting after subsection (b) the fol- (a) DEVELOPMENT AND IMPLEMENTATION.— within the United States and the disquali- lowing: Not later than 1 year after the date of enact- fication may be permanent. ‘‘(c) STAFFING.—The toll-free telephone ment of this Act, the Secretary shall develop (d) LEASING.—Before the implementation system shall be staffed 24 hours a day 7 days and implement appropriate staffing stand- of the land transportation provisions of the a week by individuals knowledgeable about ards for Federal and State motor carrier North American Free Trade Agreement, dur- Federal motor carrier safety regulations and safety inspectors in international border ing any period in which a suspension, condi- procedures.’’; and areas. tion, restriction, or limitation imposed

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30783 under section 13902(c) of title 49, United the Secretary determines that repetition of 2003 under section 4003(i) of the Transpor- States Code, applies to a motor carrier (as such violation does not demonstrate a fail- tation Equity Act for the 21st Century (112 defined in section 13902(e) of such title), that ure to take appropriate remedial action. Stat. 395–398), as added by section 103(b)(1) of motor carrier may not lease a commercial (d) REPORT TO CONGRESS.— this Act, $5,000,000 per fiscal year shall be motor vehicle to another motor carrier or a (1) IN GENERAL.—The Secretary shall con- available only to carry out this section. motor private carrier to transport property duct a study of the effectiveness of the re- SEC. 225. DATA COLLECTION AND ANALYSIS. in the United States. vised civil penalties established in the (a) IN GENERAL.—In cooperation with the (e) SAVINGS CLAUSE.—No provision of this Transportation Equity Act for the 21st Cen- States, the Secretary shall carry out a pro- section may be enforced if it is inconsistent tury and this Act in ensuring prompt and gram to improve the collection and analysis with any international agreement of the sustained compliance with Federal motor of data on crashes, including crash causa- United States. carrier safety and commercial driver’s li- tion, involving commercial motor vehicles. (f) ACTS OF EMPLOYEES.—The actions of cense laws. (b) PROGRAM ADMINISTRATION.—The Sec- any employee driver of a foreign motor car- (2) SUBMISSION TO CONGRESS.—The Sec- retary shall administer the program through rier or foreign motor private carrier com- retary shall transmit the results of such the National Highway Traffic Safety Admin- mitted without the knowledge of the carrier study and any recommendations to Congress istration in cooperation with the Federal or committed unintentionally shall not be by September 30, 2002. Motor Carrier Safety Administration. The grounds for penalty or disqualification under SEC. 223. MOTOR CARRIER SAFETY PROGRESS National Highway Traffic Safety Adminis- this section. REPORT. tration shall— SEC. 220. TRAFFIC LAW INITIATIVE. Not later than May 25, 2000, the Secretary (1) enter into agreements with the States to collect data and report the data by elec- (a) IN GENERAL.—In cooperation with one shall transmit to the Committee on Com- or more States, the Secretary may carry out merce, Science, and Transportation of the tronic means to a central data repository; a program to develop innovative methods of Senate and the Committee on Transpor- and improving motor carrier compliance with tation and Infrastructure of the House of (2) train State employees and motor car- traffic laws. Such methods may include the Representatives a status report on the De- rier safety enforcement officials to assure use of photography and other imaging tech- partment of Transportation’s quantitative the quality and uniformity of the data. (c) USE OF DATA.—The National Highway nologies. progress toward reducing motor carrier fa- Traffic Safety Administration shall— (b) REPORT.—The Secretary shall transmit talities by 50 percent by the year 2009. (1) integrate the data, including driver ci- to Congress a report on the results of any SEC. 224. STUDY OF COMMERCIAL MOTOR VEHI- tation and conviction information; and program conducted under this section, to- CLE CRASH CAUSATION. (2) make the data base available electroni- gether with any recommendations as the (a) OBJECTIVES.—The Secretary shall con- cally to the Federal Motor Carrier Safety Secretary determines appropriate. duct a comprehensive study to determine the causes of, and contributing factors to, crash- Administration, the States, motor carriers, SEC. 221. STATE-TO-STATE NOTIFICATION OF VIO- es that involve commercial motor vehicles. and other interested parties for problem LATIONS DATA. The study shall also identify data require- identification, program evaluation, plan- (a) DEVELOPMENT.—In cooperation with the ments and collection procedures, reports, ning, and other safety-related activities. States, the Secretary shall develop a uni- and other measures that will improve the (d) REPORT.—Not later than 3 years after form system to support the electronic trans- Department of Transportation’s and States’ the date on which the improved data pro- mission of data State-to-State on convic- ability to— gram begins, the Secretary shall transmit a tions for all motor vehicle traffic control law (1) evaluate future crashes involving com- report to Congress on the program, together violations by individuals possessing a com- mercial motor vehicles; with any recommendations the Secretary mercial drivers’ licenses as required by para- (2) monitor crash trends and identify finds appropriate. graphs (9) and (19) of section 31311(a) of title causes and contributing factors; and (e) FUNDING.—Of the amounts deducted 49, United States Code. (3) develop effective safety improvement under section 104(a)(1)(B) of title 23, United (b) STATUS REPORT.—Not later than 2 years policies and programs. States Code, for each of fiscal years 2001, after the date of enactment of this Act, the (b) DESIGN.—The study shall be designed to 2002, and 2003 $5,000,000 per fiscal year shall Secretary shall transmit to the Committee yield information that will help the Depart- be available only to carry out this section. on Commerce, Science, and Transportation ment and the States identify activities and (f) ADDITIONAL FUNDING FOR INFORMATION of the Senate and the Committee on Trans- other measures likely to lead to significant SYSTEMS.— portation and Infrastructure of the House of reductions in the frequency, severity, and (1) IN GENERAL.—Of the amounts made Representatives a report on the status of the rate per mile traveled of crashes involving available for each of fiscal years 2001, 2002, implementation of this section. commercial motor vehicles, including vehi- and 2003 under section 4003(i) of the Trans- SEC. 222. MINIMUM AND MAXIMUM ASSESS- cles described in section 31132(1)(B) of title portation Equity Act for the 21st Century MENTS. 49, United States Code. As practicable, the (112 Stat. 395–398), as added by section (a) IN GENERAL.—The Secretary of Trans- study shall rank such activities and meas- 103(b)(1) of this Act, $5,000,000 per fiscal year portation should ensure that motor carriers ures by the reductions each would likely shall be available only to carry out section operate safely by imposing civil penalties at achieve, if implemented. 31106 of title 49, United States Code. a level calculated to ensure prompt and sus- (c) CONSULTATION.—In designing and con- (2) AMOUNTS AS ADDITIONAL.—The amounts tained compliance with Federal motor car- ducting the study, the Secretary shall con- made available by paragraph (1) shall be in rier safety and commercial driver’s license sult with persons with expertise on— addition to amounts made available under laws. (1) crash causation and prevention; section 31107 of title 49, United States Code. (b) ESTABLISHMENT.—The Secretary— (2) commercial motor vehicles, drivers, and SEC. 226. DRUG TEST RESULTS STUDY. (1) should establish and assess minimum carriers, including passenger carriers; (a) IN GENERAL.—The Secretary shall con- civil penalties for each violation of a law re- (3) highways and noncommercial motor ve- duct a study of the feasibility and merits ferred to in subsection (a); and hicles and drivers; of— (2) shall assess the maximum civil penalty (4) Federal and State highway and motor (1) requiring medical review officers or em- for each violation of a law referred to in sub- carrier safety programs; ployers to report all verified positive con- section (a) by any person who is found to (5) research methods and statistical anal- trolled substances test results on any driver have committed a pattern of violations of ysis; and subject to controlled substances testing critical or acute regulations issued to carry (6) other relevant topics. under part 382 of title 49, Code of Federal out such a law or to have previously com- (d) PUBLIC COMMENT.—The Secretary shall Regulations, including the identity of each mitted the same or a related violation of make available for public comment informa- person tested and each controlled substance critical or acute regulations issued to carry tion about the objectives, methodology, im- found, to the State that issued the driver’s out such a law. plementation, findings, and other aspects of commercial driver’s license; and (c) EXTRAORDINARY CIRCUMSTANCES.—If the the study. (2) requiring all prospective employers, be- Secretary determines and documents that (e) REPORTS.— fore hiring any driver, to query the State extraordinary circumstances exist which (1) IN GENERAL.—The Secretary shall that issued the driver’s commercial driver’s merit the assessment of any civil penalty promptly transmit to Congress the results of license on whether the State has on record lower than any level established under sub- the study, together with any legislative rec- any verified positive controlled substances section (b), the Secretary may assess such ommendations. test on such driver. lower penalty. In cases where a person has (2) REVIEW AND UPDATE.—The Secretary (b) STUDY FACTORS.—In carrying out the been found to have previously committed the shall review the study at least once every 5 study under this section, the Secretary shall same or a related violation of critical or years and update the study and report as assess— acute regulations issued to carry out a law necessary. (1) methods for safeguarding the confiden- referred to in subsection (a), extraordinary (f) FUNDING.—Of the amounts made avail- tiality of verified positive controlled sub- circumstances may be found to exist when able for each of fiscal years 2001, 2002, and stances test results;

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30784 CONGRESSIONAL RECORD—HOUSE November 18, 1999 (2) the costs, benefits, and safety impacts and passed, and a motion to reconsider provide information important to leg- of requiring States to maintain records of was laid on the table. islative and to oversight processes and, verified positive controlled substances test f in particular, that it will allow the results; and Congress to make sure that privacy is (3) whether a process should be established CONTINUING REPORTING REQUIRE- to allow drivers— protected. And for that reason, if no MENTS OF SECTION 2519 OF other, we do need to act today. (A) to correct errors in their records; and TITLE 18, U.S.C., BEYOND DECEM- (B) to expunge information from their Mr. Speaker, I would like to add fi- records after a reasonable period of time. BER 21, 1999 nally a note of thanks to the Com- (c) REPORT.—Not later than 2 years after Mr. COBLE. Mr. Speaker, I ask unan- mittee on the Judiciary’s staff that the date of enactment of this Act, the Sec- imous consent to take from the Speak- worked on this measure, my own spe- retary shall submit to Congress a report on er’s table the Senate bill (S. 1769) to cial counsel John Flannery; Cassandra the study carried out under this section, to- Butts in the office of the minority gether with such recommendations as the continue the reporting requirements of Secretary determines appropriate. section 2519 of title 18, United States leader, the gentleman from Missouri (Mr. GEPHARDT); and finally, the gen- SEC. 227. APPROVAL OF AGREEMENTS. Code, beyond December 21, 1999, and for (a) REVIEW.—Section 13703(c) of title 49, other purposes, and ask for its imme- tleman from Missouri (Mr. GEPHARDT) United States Code, is amended— diate consideration in the House. himself, who really was very pas- (1) by redesignating paragraphs (1) through The Clerk read the title of the Senate sionate in making sure that the pri- (4) as subparagraphs (A) through (D), respec- bill. vacy issues that will be protected by tively; The SPEAKER pro tempore. Is there this bill were brought to the forefront (2) by striking ‘‘The Board’’ and inserting objection to the request of the gen- so that we could be here today on this the following: bipartisan basis to make sure that this ‘‘(1) IN GENERAL.—The Board’’; tleman from North Carolina? Ms. LOFGREN. Mr. Speaker, reserv- is enacted. (3) by adding at the end the following: Mr. COBLE. Mr. Speaker, if the gen- ‘‘(2) PERIODIC REVIEW OF APPROVALS.—Sub- ing the right to object, I yield to the tlewoman will continue to yield, I ject to this section, in the 5-year period be- gentleman from North Carolina (Mr. think she commented about staff. I ginning on the date of enactment of this COBLE), the chairman of the sub- want to add the name of Jim Wilon. paragraph and in each 5-year period there- committee, for a brief explanation of Jim did great work on this matter, as after, the Board shall initiate a proceeding the bill. well. to review any agreement approved pursuant Mr. COBLE. Mr. Speaker, I thank the to this section. Any such agreement shall be Ms. LOFGREN. Mr. Speaker, I with- continued unless the Board determines oth- gentlewoman from California (Ms. draw my reservation of objection. erwise.’’; and LOFGREN) for yielding. The SPEAKER pro tempore. Is there (4) by moving the remainder of the text of Mr. Speaker, the Federal Reports objection to the request of the gen- paragraph (1) (as designated by paragraph (2) Elimination and Sunset Act of 1995 pro- tleman from North Carolina? of this subsection), including subparagraphs vided that all periodic reports provided There was no objection. (A) through (D) (as designated by paragraph to Congress will sunset on December The Clerk read the Senate bill, as fol- (1) of this subsection), 2 ems to the right. 21, 1999, unless reauthorized by the lows: (b) LIMITATION.—Section 13703(d) of such title is amended to read as follows: Congress. The intent of the Act was to S. 1769 ‘‘(d) LIMITATION.—The Board shall not take spur Congress to reexamine all the Be it enacted by the Senate and House of any action that would permit the establish- periodic reports it receives and elimi- Representatives of the United States of America ment of nationwide collective ratemaking nate the obsolete ones. in Congress assembled, authority.’’. After careful review, the Committee SECTION 1. SHORT TITLE. (c) EXISTING AGREEMENTS.—Section 13703(e) on the Judiciary determined that This Act may be cited as the ‘‘Continued of such title is amended— about 40 reports out of the thousands of Reporting of Intercepted Wire, Oral, and (1) by striking ‘‘Agreements’’ and inserting Electronic Communications Act’’. reports subject to sunset are required the following: SEC. 2. FINDINGS. ‘‘(1) AGREEMENTS EXISTING AS OF DECEMBER for the committee to perform its legis- Congress makes the following findings: 31, 1995.—Agreements’’; lative and oversight duties. (1) Section 2519(3) of title 18, United States (2) by adding at the end the following: Examples include the United States Code, requires the Director of the Adminis- ‘‘(2) CASES PENDING AS OF DATE OF ENACT- Department of Justice’s annual report trative Office of the United States Courts to MENT.—Nothing in section 227 (other than on crime statistics and the Immigra- transmit to Congress a full and complete an- subsection (b)) of the Motor Carrier Safety tion and Naturalization Service’s an- nual report concerning the number of appli- Improvement Act of 1999, including the nual statistical report. cations for orders authorizing or approving amendments made by such section, shall be the interception of wire, oral, or electronic construed to affect any case brought under The bill passed the House on the sus- communications. This report is required to this section that is pending before the Board pension calendar. The companion Sen- include information specified in section as of the date of enactment of this para- ate bill adds two more reports which 2519(3). graph.’’; and the Senate has asked to be continued. (2) The Federal Reports Elimination and (3) by aligning the left margin of paragraph The motion which I will make will con- Sunset Act of 1995 provides for the termi- (1) (as designated by paragraph (1) of this tinue all the reports contained in the nation of certain laws requiring submittal to subsection) with paragraph (2) (as added by House bill and the two additional re- Congress of annual, semiannual, and regular paragraph (2) of this subsection). ports contained in the Senate bill into periodic reports as of December 21, 1999, 4 SEC. 228. DOT AUTHORITY. years from the effective date of that Act. (a) IN GENERAL.—The statutory authority one bill and send it back to the Senate (3) Due to the Federal Reports Elimination of the Inspector General of the Department for passage and presentment to the Act and Sunset Act of 1995, the Administra- of Transportation includes authority to con- President. tive Office of United States Courts is not re- duct, pursuant to Federal criminal statutes, Ms. LOFGREN. Mr. Speaker, con- quired to submit the annual report described investigations of allegations that a person or tinuing to reserve the right to object, I in section 2519(3) of title 18, United States entity has engaged in fraudulent or other would like to note that the Sunset Act Code, as of December 21, 1999. criminal activity relating to the programs SEC. 3. CONTINUED REPORTING REQUIREMENTS. and operations of the Department or its op- itself forces Congress to reexamine the usefulness of the reports. But, as the (a) CONTINUED REPORTING REQUIREMENTS.— erating administrations. Section 2519 of title 18, United States Code, (b) REGULATED ENTITIES.—The authority to chairman has pointed out, there are is amended by adding at the end the fol- conduct investigations referred to in sub- some of these reports that are very im- lowing: section (a) extends to any person or entity portant. And I am pleased to report ‘‘(4) The reports required to be filed by sub- subject to the laws and regulations of the that there has been a bipartisan effort section (3) are exempted from the termi- Department or its operating administra- nation provisions of section 3003(a) of the tions, whether or not they are recipients of to identify the very same reports the chairman has mentioned today. Federal Reports Elimination and Sunset Act funds from the Department or its operating of 1995 (Public Law 104–66).’’. administrations. We believe, on a bipartisan basis, (b) EXEMPTION.—Section 3003(d) of the Fed- The House bill was ordered to be read that the reports identified and pre- eral Reports Elimination and Sunset Act of a third time, was read the third time, served under this Act will continue to 1995 (Public Law 104–66) is amended—

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30785 (1) in paragraph (31), by striking ‘‘or’’ at (10) Section 13(c) of the Act of September A motion to reconsider was laid on the end; 11, 1957 (8 U.S.C. 1255b(c)). the table. (2) in paragraph (32), by striking the period (11) Section 203(b) of the Aleutian and and inserting ‘‘; or’’; and Pribilof Islands Restitution Act (50 U.S.C. f (3) by adding at the end the following: App. 1989c–2(b)). ‘‘(33) section 2519(3) of title 18, United (12) Section 801(e) of the Immigration Act DIGITAL THEFT DETERRENCE AND States Code.’’. of 1990 (29 U.S.C. 2920(e)). COPYRIGHT DAMAGES IMPROVE- SEC. 4. ENCRYPTION REPORTING REQUIRE- (13) Section 401 of the Immigration Reform MENT ACT OF 1999 MENTS. and Control Act of 1986 (8 U.S.C. 1364). Section 2519(1)(b) of title 18, United States (14) Section 707 of the Equal Credit Oppor- Mr. COBLE. Mr. Speaker, I ask unan- Code, is amended by striking ‘‘and (iv)’’ and tunity Act (15 U.S.C. 1691f). imous consent that the Committee on inserting ‘‘(iv) the number of orders in which (15) Section 201(b) of the Privacy Protec- the Judiciary be discharged from fur- encryption was encountered and whether tion Act of 1980 (42 U.S.C. 2000aa–11(b)). ther consideration of the bill (H.R. such encryption prevented law enforcement (16) Section 609U of the Justice Assistance 3456) to amend statutory damages pro- from obtaining the plain text of communica- Act of 1984 (42 U.S.C. 10509). visions of title 17, U.S. Code, and ask tions intercepted pursuant to such order, and (17) Section 13(a) of the Classified Informa- for its immediate consideration in the (v)’’. tion Procedures Act (18 U.S.C. App.). (18) Section 1004 of the Civil Rights Act of House. SEC. 5. REPORTS CONCERNING PEN REGISTERS The Clerk read the title of the bill. AND TRAP AND TRACE DEVICES. 1964(42 U.S.C. 2000g–3). Section 3126 of title 18, United States Code, (19) Section 1114 of the Right to Financial The SPEAKER pro tempore. Is there is amended by striking the period and insert- Privacy Act of 1978 (12 U.S.C. 3414). objection to the request of the gen- ing ‘‘, which report shall include information (20) Section 11 of the Foreign Agents Reg- tleman from North Carolina? concerning— istration Act of 1938 (22 U.S.C. 621). Mr. BERMAN. Mr. Speaker, reserving ‘‘(1) the period of interceptions authorized (21) The following provisions of the Foreign the right to object, I yield to the gen- by the order, and the number and duration of Intelligence Surveillance Act of 1978: sec- tleman from North Carolina (Mr. any extensions of the order; tions 107 (50 U.S.C. 1807) and 108 (50 U.S.C. 1808). COBLE), the chairman of the sub- ‘‘(2) the offense specified in the order or ap- committee, to just describe the legisla- plication, or extension of an order; (22) Section 102(b)(5) of the Department of ‘‘(3) the number of investigations involved; Justice and Related Agencies Appropriations tion. ‘‘(4) the number and nature of the facilities Act, 1993 (28 U.S.C. 533 note). Mr. COBLE. Mr. Speaker, I thank the affected; and SEC. 2. ENCRYPTION REPORTING REQUIRE- gentleman from California for yielding. ‘‘(5) the identity, including district, of the MENTS. Mr. Speaker, H.R. 3456 is very similar applying investigative or law enforcement (a) Section 2519(2)(b) of title 18, United to H.R. 1761, which was considered agency making the application and the per- States Code, is amended by striking ‘‘and under suspension of the rules and son authorizing the order.’’. (iv)’’ and inserting ‘‘(iv) the number of orders in which encryption was encountered and agreed to by voice vote on August 2, Amendment in the Nature of a Sub- whether such encryption prevented law en- 1999. stitute Offered by Mr. Coble forcement from obtaining the plain text of It makes significant improvements Mr. COBLE. Mr. Speaker, I offer an communications intercepted pursuant to in the ability of the Copyright Act to amendment in the nature of a sub- such order, and (v)’’. deter copyright infringement by stitute. (b) The encryption reporting requirement amending it to increase the statutory The Clerk read as follows: in subsection (a) shall be effective for the re- penalties for infringement. Copyright port transmitted by the Director of the Ad- piracy, Mr. Speaker, is flourishing in AMENDMENT IN THE NATURE OF ministrative Office of the Courts for cal- endar year 2000 and in subsequent reports. the world. With the advanced tech- A SUBSTITUTE OFFERED BY MR. nologies available and the fact that COBLE: SEC. 3. REPORTS CONCERNING PEN REGISTERS AND TRAP AND TRACE DEVICES. many computer users are either igno- ‘‘Strike out all after the enacting clause of Section 3126 of title 18, United States Code, rant of the copyright laws or simply the Senate bill and insert: is amended by striking the period and insert- believe that they will not be caught or SECTION 1. EXEMPTION OF CERTAIN REPORTS ing ‘‘, which report shall include information punished, the piracy trend will con- FROM AUTOMATIC ELIMINATION concerning— tinue. AND SUNSET. ‘‘(1) the period of interceptions authorized One way to combat this problem is to Section 3003(a)(1) of the Federal Reports by the order, and the number and duration of Elimination and Sunset Act of 1995 (31 U.S.C. any extensions of the order; increase the statutory penalties for 1113 note) does not apply to any report re- ‘‘(2) the offense specified in the order or ap- copyright infringement so that they quired to be submitted under any of the fol- plication, or extension of an order; will be an effective deterrent to this lowing provisions of law: ‘‘(3) the number of investigations involved; conduct. (1) The following sections of title 18, ‘‘(4) the number and nature of the facilities Another significant aspect of H.R. United States Code: sections 2519(3), 2709(e), affected; and 3456 addresses a problem on regarding 3126, and 3525(b). ‘‘(5) the identity, including district, of the the difficulty of prosecuting crimes (2) The following sections of title 28, applying investigative or law enforcement against intellectual property. It in- United States Code: sections 522, 524(c)(6), agency making the application and the per- 529, 589a(d), and 594. son authorizing the order.’’. structs that within 120 days on enact- ment of this act or within 120 days (3) Section 3718(c) of title 31, United States Mr. COBLE (during the reading). Mr. after there is a sufficient number of Code. Speaker, I ask unanimous consent that (4) Section 9 of the Child Protection Act of voting members to constitute a the amendment be considered as read 1984 (28 U.S.C. 522 note). quorum, the United States Sentencing and printed in the RECORD. (5) Section 8 of the Civil Rights of Institu- Commission shall promulgate emer- tionalized Persons Act (42 U.S.C. 1997f). The SPEAKER pro tempore. Is there objection to the request of the gen- gency guideline amendments to imple- (6) The following provisions of the Omnibus ment the sentencing mandate in the No Crime Control and Safe Streets Act of 1968: tleman from North Carolina? sections 102(b) (42 U.S.C. 3712(b)), 520 (42 There was no objection. Electronic Theft, popularly known as U.S.C. 3766), 522 (42 U.S.C. 3766b), and 810 (42 The amendment in the nature of a the NET Act, which became law in the U.S.C. 3789e). substitute was agreed to. 105th Congress. (7) The following provisions of the Immi- The Senate bill was ordered to be It is vital that the United States rec- gration and Nationality Act: sections 103 (8 read a third time, was read the third ognizes intellectual property rights U.S.C. 1103), 207(c)(3) (8 U.S.C. 1157(c)(3)), and provides strong protection and en- 412(b) (8 U.S.C. 1522(b)), and 413 (8 U.S.C. time, and passed. The title of the Senate bill was forcement against violation of those 1523), and subsections (h), (l), (o), (q), and (r) rights. of section 286 (8 U.S.C. 1356). amended so as to read: (8) Section 3 of the International Claims ‘‘A bill to exempt certain reports from This legislation, Mr. Speaker, makes Settlement Act of 1949 (22 U.S.C. 1622). automatic elimination and sunset pursuant significant and necessary improve- (9) Section 9 of the War Claims Act of 1948 to the Federal Reports Elimination and Sun- ments to the Copyright Act. The Sub- (50 U.S.C. App. 2008). set Act of 1995, and for other purposes.’’. committee on Courts and Intellectual

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30786 CONGRESSIONAL RECORD—HOUSE November 18, 1999 Property and the Committee on the Ju- Secondly, passage of this bill is im- section 21(a) of the Sentencing Act of 1987, as diciary support H.R. 3456 in a bipar- portant to expedite the Sentencing though the authority under that Act had not tisan manner, and I urge its adoption Commission’s adoption of a revised In- expired. today. tellectual Property sentencing guide- SEC. 4. EFFECTIVE DATE. If I may, Mr. Speaker, at this time I lines. The newly confirmed Sentencing The amendments made by section 2 shall have one more bill and possibly two Commissioners will have 120 days to re- apply to any action brought on or after the date of the enactment of this Act, regardless more bills that are very brief, but I vise the Intellectual Property guide- of the date on which the alleged activity would be remiss as we conclude the line to increase the deterrence. that is the basis of the action occurred. first session of the 106th Congress if I In 1997, when we adopted the NET The bill was ordered to be engrossed did not convey my personal expressions Act, we directed the Sentencing Com- and read a third time, was read the of thanks to the distinguished gen- mission to increase criminal penalties third time, and passed, and a motion to tleman from California (Mr. BERMAN), for Intellectual Property crimes. The reconsider was laid on the table. the ranking member of the sub- current IP sentencing guidelines in- committee; to each Democrat and Re- clude perverse incentives that allow pi- f publican member of the subcommittee; rates to avoid significant prison terms. EXPRESSING SENSE OF HOUSE OF to our very fine chairman, the gen- U.S. Attorneys refuse to bring copy- REPRESENTATIVES CONDEMNING tleman from Illinois (Mr. HYDE); and to right or trademark criminal cases be- RECENT HATE CRIMES IN ILLI- the staff on both the Democrat and Re- cause of the current weak guidelines. NOIS AND INDIANA publican side for the accomplishments. This bill will rectify that situation. Mr. COBLE. Mr. Speaker, I ask unan- And pardon our immodesty, but I The new Commissioners will be re- imous consent that the Committee on think we have realized accomplish- quired to focus on this important prob- the Judiciary be discharged from fur- ments during this first session. lem immediately. The increasing ther consideration of the resolution (H. Mr. BERMAN. Mr. Speaker, con- threat of intellectual property theft Res. 254) expressing the sense of the tinuing my reservation of objection, both in the on-line and off-line world House of Representatives condemning first let me just respond to the last will thus be fought with all available recent hate crimes in Illinois and Indi- comment of my friend. weapons. ana, and ask for its immediate consid- As he knows, and I have discussed Mr. Speaker, I continue my reserva- eration in the House. this privately, but it was a real pleas- tion of objection, and I yield to the The Clerk read the title of the resolu- ure to be his ranking member this past gentleman from North Carolina (Mr. tion. year. We did get a lot done. We did it, COBLE). The SPEAKER pro tempore. Is there I think, on a bipartisan basis on almost Mr. COBLE. Mr. Speaker, I thank the objection to the request of the gen- every single issue we faced and accom- gentleman for yielding. tleman from North Carolina? plished quite a bit, probably not as While I was praising all my col- There was no objection. much as the Transportation and Infra- leagues on the Judiciary and on the The Clerk read the resolution, as fol- structure committee, but a substantial subcommittee and, of course, intellec- lows: work product, much of which was in tual property, inevitably omissions are H. RES. 254 the legislation that passed as part of committed and I inadvertently failed Whereas diversity and tolerance are essen- the non-omnibus appropriations bill. to mention the distinguished gen- I also want to express my apprecia- tial principles of an open and free society; tleman from Michigan (Mr. CONYERS), Whereas all people deserve to be safe with- tion to the staff both of the sub- the ranking member of the full com- in their communities, free to live, work and committees and the full committees mittee. worship without fear of violence and bigotry; and to the gentleman from Illinois (Mr. Mr. BERMAN. Mr. Speaker, I with- Whereas crimes motivated by hatred HYDE) and the gentleman from Michi- draw my reservation of objection. against African-Americans, Jews, Asian- gan (Mr. CONYERS) as well for all their The SPEAKER pro tempore. Is there Americans, or other groups undermine the support. objection to the request of the gen- fundamental values of our Nation; Whereas the communities of Skokie, the On this particular legislation which tleman from North Carolina? is an important bill, it comes under our West Rogers Park neighborhood of Chicago, There was no objection. Northbrook, and Urbana, Illinois, and obligations under the intellectual prop- The Clerk read the bill, as follows: Bloomington, Indiana, were terrorized by erty provisions of Article 1 of the Con- H.R. 3456 hate crimes over the Fourth of July week- stitution to reassess the efficacy of our Be it enacted by the Senate and House of Rep- end, a time when our Nation celebrates its laws in protecting copyright. Toward resentatives of the United States of America in commitment to freedom and liberty; that end, earlier this year the Commit- Congress assembled, Whereas hate crimes tear at the fabric of American society, leave scars on victims and tees on the Judiciary in both Houses SECTION 1. SHORT TITLE. their families, and weaken our sense of com- resolved to address several concerns This Act may be cited as the ‘‘Digital munity and purpose; which have been brought to our atten- Theft Deterrence and Copyright Damages Whereas Ricky Byrdsong, at age 43, was a Improvement Act of 1999’’. tion regarding the deterrence of copy- loving husband and father, an inspiring com- right infringement and penalties for SEC. 2. STATUTORY DAMAGES ENHANCEMENT. munity leader, and a former basketball such infringement in those instances Section 504(c) of title 17, United States coach at Northwestern University; when it, unfortunately, occurs. Code, is amended— Whereas Ricky Byrdsong was a man of While I support the bill that we pre- (1) in paragraph (1)— deep religious faith who touched the lives of viously passed, I concur in the passage (A) by striking ‘‘$500’’ and inserting ‘‘$750’’; countless people and whose death is mourned and by his family, friends, and community, and of the bill before us tonight. (B) by striking ‘‘$20,000’’ and inserting There are two key features in the by the Nation; ‘‘$30,000’’; and Whereas Won-Joon Yoon, at age 26, was the legislation. First, it provides an infla- (2) in paragraph (2), by striking ‘‘$100,000’’ only son in a family of 6, and was soon to be- tion adjustment for copyright statu- and inserting ‘‘$150,000’’. come a doctoral student in Economics at In- tory damages. It has been well over a SEC. 3. SENTENCING COMMISSION GUIDELINES. diana University; decade since we last adjusted statutory Within 120 days after the date of the enact- Whereas Won-Joon Yoon was a man who, damages for inflation. Our purpose ment of this Act, or within 120 days after the through his demeanor and firmly-held Chris- must be to provide meaningful dis- first date on which there is a sufficient num- tian beliefs, positively influenced those who incentives for infringement, and to ac- ber of voting members of the Sentencing knew him, and whose death is mourned by complish that, the cost of infringement Commission to constitute a quorum, which- his family, friends, and community, and by ever is later, the Commission shall promul- the citizens of the United States and Korea; must substantially exceed the cost of gate emergency guideline amendments to and the compliance so that those who use implement section 2(g) of the No Electronic Whereas individuals who commit crimes or distribute intellectual property have Theft (NET) Act (28 U.S.C. 994 note) in ac- based on hate and bigotry must be held re- incentive to comply with the law. cordance with the procedures set forth in sponsible for their actions and must be

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00151 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30787 stopped from spreading violence: Now, there- not a cult. They only want to medi- alter our relations with that dictator- fore, be it tate, take their lives into their own ship. Because when Beijing decided to Resolved, That the House of Representa- hands and attempt to live productive make practicing Falun Gong a capital tives— and peaceful lives. offense, which is exactly what the rub- (1) condemns the senseless violence that occurred in Illinois and Indiana over the What in the world can be wrong with ber-stamp Chinese congress did before Fourth of July weekend; that? What sort of government finds the visit to Beijing of our trade rep- (2) conveys its deepest sympathy to the that so threatening that it would have resentative Charlene Barshefsky, we victims and their families; these good citizens arrested, tortured, are seeing that life in the People’s Re- (3) condemns the culture of hate and the dismissed from their job? What sort of public is not much different from 10 hate groups that foster such violent acts; government sends peaceful religious years ago when the People’s Liberation (4) commends the communities of Illinois practitioners to labor camps and cre- Army turned its tanks and machine and Indiana for uniting to condemn these ates such circumstances whereby some guns on the people in Tiananmen acts of hate in their neighborhoods; (5) commends the efforts of Federal, State, of them felt that they had to take their Square who wanted nothing less than and local law enforcement officials; and own lives? the very same political liberty that (6) reaffirms its commitment to a society The answer to those questions is that lets us stand here tonight and debate that fully respects and protects all people, the government of the People’s Repub- this resolution. regardless of race, religion, or ethnicity. lic of China is doing just that. The As I speak there are thousands of The resolution was agreed to. same government that earlier this men and women in China who are being A motion to reconsider was laid on week threatened the State of Israel if beaten and killed for choosing to be- the table. its leaders had the audacity to meet lieve in ideals we take for granted in with its holiness, the Dalai Lama. It is this country, whether it is our faith in f the same government that the Clinton God, our right to vote or simply want- b 2015 administration so desperately wanted ing to belong to Falun Gong. As we SENSE OF CONGRESS THAT CHI- to be accepted as a member of the consider, Mr. Speaker, permanent NTR NESE GOVERNMENT SHOULD WTO. And it is the very same govern- next year to China, let us remember STOP PERSECUTION OF FALUN ment that the State Department con- what the Communist Chinese are doing GONG PRACTITIONERS tinues to promote military exchanges to the Falun Gong. with. Mr. Speaker, further reserving the Mr. GILMAN. Mr. Speaker, I ask Mr. Speaker, the government of right to object. I yield to the gen- unanimous consent that the Com- China is led by those who do not share tleman from New Jersey (Mr. SMITH). mittee on International Relations be our beliefs in what is right and what is Mr. SMITH of New Jersey. I thank discharged from further consideration wrong. They have an agenda that is not the gentleman for yielding. of the concurrent resolution (H. Con. moral. They have a purpose that is not Mr. Speaker, 2 weeks ago I intro- Res. 218) expressing the sense of the peaceful. By their repression of Falun duced H. Con. Res. 218 which already Congress that the Government of the Gong, they demonstrate that they will has more than 70 bipartisan cospon- People’s Republic of China should stop use any means and methods to promote sors, including the chairman of the full its persecution of Falun Gong practi- their effort to stay in power. committee the gentleman from New tioners, and ask for its immediate con- The repression of religion in China is York (Mr. GILMAN); the gentlewoman sideration in the House. a serious threat to all that civilized from California (Ms. PELOSI); the gen- The Clerk read the title of the con- people hold dear. If our government tleman from Virginia (Mr. WOLF); the current resolution. and other democracies around the gentleman from California (Mr. LAN- The SPEAKER pro tempore (Mr. world continue business as usual with TOS); the gentleman from Ohio (Mr. SIMPSON). Is there objection to the re- such a regime, we will have only our- BROWN); the gentleman from Pennsyl- quest of the gentleman from New selves to blame for the ultimate con- vania (Mr. PITTS) and many others, York? sequences. condemning the crackdown of the Mr. BROWN of Ohio. Mr. Speaker, re- Accordingly, I urge my colleagues to Falun Gong spiritual movement by the serving the right to object, I yield to support H. Con. Res. 218. government of the People’s Republic of the gentleman from New York to ex- Mr. BROWN of Ohio. Mr. Speaker, China. As we all know by now, the Chi- plain the bill. further reserving the right to object, I nese dictatorship has long been brutal Mr. GILMAN. I thank the gentleman rise in strong support of this resolution in its suppression of religious practice for yielding. which was introduced by my colleague that is not state-controlled. Tibetan Mr. Speaker, I rise in strong support on the Committee on International Re- Buddhists, Catholics loyal to the Pope, of H. Con. Res. 218, calling on the Peo- lations and chairman of the Sub- Uighur Muslims in Xinjiang Province ple’s Republic of China to stop perse- committee on International Operations and Protestant House Church members cuting the Falun Gong practitioners and Human Rights the gentleman from have all borne the brunt of a system- which was introduced by the distin- New Jersey (Mr. SMITH) and congratu- atic and brutal persecution by the Chi- guished gentleman from New Jersey late him on his good work. nese government which often includes (Mr. SMITH), the chairman of the Sub- Most Americans, and, for that mat- torture. In recent months, the Chinese committee on International Operations ter, most Members of Congress prob- government has embarked on a new and Human Rights. During the past few ably had not heard of Falun Gong until campaign, an attempt, in its own weeks, the leaders of the People’s Re- last summer when the Chinese dicta- words, to smash Falun Gong, a peaceful public of China have arrested, jailed, torship banned and started throwing and nonviolent form of spiritual prac- beaten and tortured thousands of thousands of people in jail for prac- tice. peaceful followers of Falun Gong, a re- ticing it. It is hardly surprising people A meditative spirituality that blends ligious synthesis of traditional Chinese that Chinese is systematically arrest- elements of Buddhism and Taoism, physical exercises and Buddhist and ing, torturing and even killing its own Falun Gong has millions of adherents Taoist teachings. Adherents to this citizens for wanting to practice their in China and elsewhere. Since the meditation movement have done noth- faith, which is what Falun Gong is. group was banned in July of this year, ing more than express their humble be- This is the same gang of dictators, thousands of ordinary citizens from all lief that people should be kind to one after all, that persecutes Christians, over China have been jailed for refus- another and work on themselves to Muslims and Buddhists and winks at ing to give up their practice. There change their own lives. They are non- forced abortions. have been many credible reports of tor- violent and have not adopted any so- But even though this latest purge is ture and inhumane treatment of de- called foreign beliefs. They do not pro- completely in character, it is a perfect tained practitioners, including a report mote nor do they use drugs. They are illustration why we need to radically that a 42-year-old woman was tortured

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30788 CONGRESSIONAL RECORD—HOUSE November 18, 1999 to death by Chinese thugs. Numerous and expresses our belief that the U.S. Gong and for appealing to the government practitioners, Mr. Speaker, have been Government should use every appro- for protection of their constitutional rights; sentenced to labor camps without trial priate forum to urge the PRC to re- Whereas there are many credible reports of and thousands have lost their jobs or lease all detained Falun Gong practi- torture and other cruel, degrading and inhu- man treatment of detained Falun Gong prac- have been expelled from schools. tioners; allow those practitioners to titioners, including a report that a 42-year- The Chinese government has also en- pursue their beliefs in accordance with old woman, Zhao Jinhua, was tortured to acted laws criminalizing Falun Gong. the Chinese constitution; and to abide death by Chinese government officials; This past Friday after a single, 7-hour by the International Covenant on Civil Whereas the People’s Republic of China has closed hearing, China handed down the and Political Rights and the Universal enacted new criminal legislation that the first sentences against Falun Gong Declaration of Human Rights. government’s official newspaper hailed as a practitioners. Three men and one Given this Chamber’s commitment to ‘‘powerful new weapon to smash evil cultist woman received sentences ranging freedom of conscience and the organizations, especially Falun Gong’’; Whereas some of the detained Falun Gong from 2 to 12 years for ‘‘using an evil undisguised severity of the persecution members have been charged with political cult to obstruct the law.’’ It is feared against Falun Gong, I strongly urge offenses, such as violations of China’s vague that those were only the first of what support of this resolution. ‘‘official state secrets’’ law, and under the will become many trials aimed at Mr. BEREUTER. Mr. Speaker, will new legislation Falun Gong practitioners stamping out the practice of Falun the gentleman yield? will be chargeable with such offenses as mur- Gong. According to press reports, Mr. BROWN of Ohio. Further reserv- der, fraud, and endangering national secu- China will begin a new series of ap- ing the right to object, I yield to the rity; proximately 300 trials starting on Sun- gentleman from Nebraska. Whereas other Falun Gong members have been sentenced to labor camps, apparently day with the trial of a 63-year-old re- Mr. BEREUTER. I thank the gen- under administrative procedures allowing tired schoolteacher kicking that off. tleman for yielding. such sentences without trial; This is an absolute outrage. Thank- Mr. Speaker, I wanted to report to Whereas Chinese authorities in recent fully the House, I hope, will soon go on my colleagues that this resolution in- months have reportedly confiscated, burned, record condemning it. troduced by the distinguished gen- or otherwise destroyed millions of Falun The fact that this rash of trials fol- tleman from New Jersey (Mr. SMITH) Gong books and tapes; lows so closely on the heels of the Bei- with many other cosponsors was re- Whereas thousands of Falun Gong practi- jing visit of U.N. Secretary-General ported to the Subcommittee on Asia tioners in China have lost their jobs and stu- Kofi Annan demonstrates the failure of dents have been expelled from schools for re- and the Pacific only lately because it fusing to give up their beliefs; and his visit to advance the cause of human was introduced on November 2. We Whereas the brutal crackdown by the Chi- rights in China. I could not believe my took a look at it, made very slight rhe- nese Government on Falun Gong is in direct eyes, Mr. Speaker, reading yesterday’s torical changes, cleared it with the violation of the fundamental human rights press reports of the Secretary-Gen- gentleman from California (Mr. LAN- to freedom of religious belief and practice, eral’s remarks on Tuesday. Mr. Annan TOS) and the gentleman from Con- expression, and assembly: Now, therefore, be stated that the Chinese foreign min- necticut (Mr. GEJDENSON) on the mi- it Resolved by the House of Representatives (the ister had given him ‘‘a better under- nority side who were also cosponsors standing of some of the issues in- Senate concurring), That it is the sense of the along with the gentleman from New Congress that— volved’’ in the Falun Gong crackdown. York (Mr. GILMAN) and other distin- (1) the Government of the People’s Repub- He also parroted the Chinese official guished members of the Congress, in- lic of China should stop persecuting Falun line, stating that, and I quote, ‘‘In cluding some on our committee, the Gong practitioners and other religious be- dealing with this issue, the funda- Committee on International Relations, lievers; mental rights of citizens will be re- and we thought it was entirely appro- (2) the Government of the United States spected, and some of the actions they priate that it was reported to the floor. should use every appropriate public and pri- vate forum, including but not limited to the are taking are for the protection of in- The gentleman from New Jersey has dividuals.’’ United Nations Human Rights Commission, highlighted some of the concerns that to urge the Government of the People’s Re- Certainly Mr. Annan cannot be igno- obviously we have with the way the public of China— rant of the credible reports to the con- Falun Gong is being treated in China. (A) to release from detention all Falun trary that have been pouring out of It only hurts their credibility. I think Gong practitioners and put an immediate China in recent weeks. I fear that the it speaks unfortunately to their legit- end to the practices of torture and other Secretary-General’s failure to imacy. I would hope that this is a mes- cruel, inhuman and degrading treatment empathize with and to speak out on be- sage that they will take to heart. I against them and other prisoners of con- science; half of these oppressed people and his urge support of the resolution. willingness to give the Chinese oppres- (B) to allow Falun Gong practitioners to Mr. BROWN of Ohio. Mr. Speaker, I pursue their religious beliefs in accordance sors the benefit of an unjustified doubt withdraw my reservation of objection. with article 36 of the Constitution of the has only emboldened them in their ef- The SPEAKER pro tempore. Is there People’s Republic of China; and forts to crush Falun Gong. objection to the request of the gen- (C) to abide by the International Covenant The suppression of Falun Gong in tleman from New York? on Civil and Political Rights and the Uni- China has been brutal, it has been sys- There was no objection. versal Declaration of Human Rights. tematic, and it continues as we meet The Clerk read the concurrent reso- AMENDMENT IN THE NATURE OF A SUBSTITUTE here tonight. Two days ago, during the lution, as follows: OFFERED BY MR. GILMAN Secretary-General’s visit, the authori- H. CON. RES. 218 Mr. GILMAN. Mr. Speaker, I offer an ties arrested 20 more people who were Whereas Falun Gong is a peaceful and non- amendment in the nature of a sub- practitioners of Falun Gong who were violent form of religious belief and practice stitute. meditating in Tiananmen Square. The with millions of adherents in China and else- The Clerk read as follows: police used force against the group, re- where; Amendment in the nature of a substitute portedly kicking and jumping on the Whereas the Government of the People’s offered by Mr. GILMAN: peaceful protesters before removing Republic of China has forbidden Falun Gong Strike out all after the resolving clause them from the square in a van. practitioners to practice their faith; and insert: In response to this further suppres- Whereas this prohibition violates China’s That it is the sense of the Congress that— sion of fundamental human rights by own Constitution as well as the Inter- (1) the Government of the People’s Repub- the Beijing dictatorship, H. Con. Res. national Covenant on Civil and Political lic of China should stop persecuting Falun Rights and the Universal Declaration of Gong practioners; and 218 expresses the sense of the Congress Human Rights; (2) the Government of the United States that the government of the PRC should Whereas thousands of ordinary citizens should use every appropriate public and pri- stop persecuting Falun Gong practi- from all over China have been jailed for re- vate forum, including but not limited to the tioners and other religious believers fusing to give up their practice of Falun United Nations Human Rights Commission,

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00153 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30789 to urge the Government of the People’s Re- Whereas Chinese authorities in recent United States to the Federal building re- public of China— months have reportedly confiscated, burned, ferred to in section 1 shall be deemed to be (A) to release from detention all Falun or otherwise destroyed millions of Falun a reference to the ‘‘Mervyn Malcolm Dym- Gong practitioners and put an immediate Gong books and tapes; ally Post Office Building’’. end to the practices of torture and other Whereas thousands of Falun Gong practi- The bill was ordered to be engrossed cruel, inhuman and degrading treatment tioners in China have lost their jobs and stu- and read a third time, was read the against them and other prisoners of con- dents have been expelled from schools for re- science; fusing to give up their beliefs; and third time, and passed, and a motion to (B) to allow Falun Gong practitioners to Whereas the brutal crackdown by the Chi- reconsider was laid on the table. pursue their personal beliefs in accordance nese Government on Falun Gong is in direct f with article 36 of the Constitution of the violation of the fundamental human rights People’s Republic of China; and to freedom of personal belief and practice, b 2030 (C) to abide by the International Covenant expression, and assembly: on Civil and Political Rights and the Uni- NATIONAL CHILDREN’S MEMORIAL versal Declaration of Human Rights. Mr. GILMAN (during the reading). DAY Mr. GILMAN (during the reading). Mr. Speaker, I ask unanimous consent Mr. OSE. Mr. Speaker, I ask unani- Mr. Speaker, I ask unanimous consent that the amendment to the preamble mous consent that the Committee on that the amendment in the nature of a be considered as read and printed in Government Reform be discharged substitute be considered as read and the RECORD. from further consideration of the reso- printed in the RECORD. The SPEAKER pro tempore. Is there lution (H. Res. 376) expressing the sense The SPEAKER pro tempore. Is there objection to the request of the gen- of the House of Representatives in sup- objection to the request of the gen- tleman from New York? port of ‘‘National Children’s Memorial tleman from New York? There was no objection. Day,’’ and ask for its immediate con- There was no objection. The SPEAKER pro tempore. The sideration in the House. The SPEAKER pro tempore. The question is on the amendment to the The Clerk read the title of the resolu- question is on the amendment in the preamble offered by the gentleman tion. nature of a substitute offered by the from New York (Mr. GILMAN). The SPEAKER pro tempore. Is there gentleman from New York (Mr. GIL- The amendment to the preamble was objection to the request of the gen- MAN). agreed to. tleman from California? The amendment in the nature of a A motion to reconsider was laid on There was no objection. substitute was agreed to. the table. The Clerk read the resolution, as fol- The SPEAKER pro tempore. The f lows: question is on the concurrent resolu- tion, as amended. GENERAL LEAVE H. RES. 376 Whereas approximately 80,000 infants, chil- The concurrent resolution, as amend- Mr. GILMAN. Mr. Speaker, I ask ed, was agreed to. dren, teenagers, and young adults of families unanimous consent that all Members living throughout the United States die each AMENDMENT TO THE PREAMBLE OFFERED BY may have 5 legislative days in which to year from myriad causes; MR. GILMAN revise and extend their remarks on the Whereas the death of an infant, child, teen- Mr. GILMAN. Mr. Speaker, I offer an matter just considered. ager, or young adult of a family is considered amendment to the preamble. The SPEAKER pro tempore. Is there to be one of the greatest tragedies that a The Clerk read as follows: objection to the request of the gen- parent or family will ever endure during a Amendment to the preamble offered by Mr. tleman from New York? lifetime; Gilman: Whereas a supportive environment and em- Insert a complete new preamble as follows: There was no objection. pathy and understanding are considered crit- Whereas Falun Gong is a peaceful and non- f ical factors in the healing process of a family violent form of personal belief and practice MERVYN MALCOLM DYMALLY that is coping with and recovering from the with millions of adherents in China and else- POST OFFICE BUILDING loss of a loved one, and where; Whereas Senate Resolution 118 would des- Whereas the Government of the People’s Mr. OSE. Mr. Speaker, I ask unani- ignate December 12, 1999, as ‘‘Natinal Chil- Republic of China has forbidden Falun Gong mous consent that the Committee on dren’s Memorial Day’’: Now, therefore, be it practitioners to practice their beliefs; Government Reform be discharged Resolved, Whereas this prohibition violates China’s from further consideration of the bill That the House of Representatives sup- own Constitution as well as the Inter- ports the goals and ideas of ‘‘National Chil- national Covenant on Civil and Political (H.R. 642) to redesignate the Federal dren’s Memorial Day’’ in remembrance of the Rights and the Universal Declaration of building located at 701 South Santa Fe many infants, children, teenagers, and young Human Rights; Avenue in Compton, California, and adults of families in the United States who Whereas thousands of ordinary citizens known as the Compton Main Post Of- have died. from all over China have been jailed for re- fice, as the ‘‘Mervyn Malcolm Dymally The resolution was agreed to. fusing to give up their practice of Falun Post Office Building’’, and ask for its Gong and for appealing to the government AMENDMENT TO THE PREAMBLE OFFERED BY immediate consideration in the House. MR. OSE for protection of their constitutional rights; The Clerk read the title of the bill. Whereas there are many credible reports of Mr. OSE. Mr. Speaker, I offer an torture and other cruel, degrading and inhu- The SPEAKER pro tempore. Is there amendment to the preamble. man treatment of detained Falun Gong prac- objection to the request of the gen- The clerk read as follows: tleman from California? titioners; Amendment to the preamble offered by Mr. There was no objection. Whereas the People’s Republic of China has OSE: enacted new criminal legislation that the The Clerk read the bill, as follows: Strike the final ‘‘whereas’’ clause. government’s official newspaper hailed as a H.R. 642 ‘‘powerful new weapon to smash evil cultist The SPEAKER pro tempore. The Be it enacted by the Senate and House of Rep- organizations, especially Falun Gong’’; question is on the amendment to the resentatives of the United States of America in Whereas some of the detained Falun Gong preamble offered by the gentleman Congress assembled, members have been charged with political from California (Mr. OSE). offenses, such as violations of China’s vague SECTION 1. REDESIGNATION. The amendment to the preamble was The Federal building located at 701 South ‘‘official state secrets’’ law, and under the agreed to. new legislation Falun Gong practitioners Santa Fe Avenue in Compton, California, and known as the Compton Main Post Office, A motion to reconsider was laid on will be chargeable with such offenses as mur- the table. der, fraud, and endangering national secu- shall be known and designated as the rity; ‘‘Mervyn Malcolm Dymally Post Office f Building’’. Whereas other Falun Gong members have HOUR OF MEETING ON TOMORROW been sentenced to labor camps, apparently SEC. 2. REFERENCES. under administrative procedures allowing Any reference in a law, map, regulation, Mr. BARTON of Texas. Mr. Speaker, such sentences without trial; document, paper, or other record of the I ask unanimous consent that when the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00154 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30790 CONGRESSIONAL RECORD—HOUSE November 18, 1999 House adjourns today, it adjourn to uary 6, 1999, and under a previous order sible culprits is short. Apart from the meet at noon tomorrow. of the House, the following Members Taliban itself, Pakistan is home to sev- The SPEAKER pro tempore. Is there will be recognized for 5 minutes each. eral well-armed paramilitary groups objection to the request of the gen- f sympathetic to the Taliban and hostile tleman from Texas? to the United States, in addition to DISTURBING PATTERN OF PAKI- There was no objection. thousands of Pakistani militants, who, STANI ACTIONS DEMANDS SERI- over the years have trained side-by- f OUS SCRUTINY BY THE ADMINIS- side, with Taliban Members in Islamic TRATION AND CONGRESS DESIGNATION OF THE HONORABLE schools. CONSTANCE A. MORELLA OR THE The SPEAKER pro tempore. Under a I should add, Mr. Speaker, that Paki- HONORABLE FRANK R. WOLF TO previous order of the House, the gen- stan has for years been identified with ACT AS SPEAKER PRO TEMPORE tleman from New Jersey (Mr. PALLONE) the violent separatist movement in In- AND TO SIGN ENROLLED BILLS is recognized for 5 minutes. dia’s state of Jammu and Kashmir, Mr. PALLONE. Mr. Speaker, last AND JOINT RESOLUTIONS FOR causing the deaths of thousands of ci- Tuesday in this House we approved on REMAINDER OF FIRST SESSION vilians and the displacement of hun- a bipartisan basis a resolution con- OF 106TH CONGRESS dreds of thousands from their homes. gratulating the people of India and The SPEAKER pro tempore laid be- Pakistan’s role in selling death and de- their government for the successful fore the House the following commu- struction in Kashmir was exposed to parliamentary elections recently con- nication from the Speaker: the world earlier this year when Paki- cluded by that thriving democracy. I WASHINGTON, DC, stani military leaders, many of the November 18, 1999. was pleased to support that resolution and to speak in favor of it. same elements who carried out last I hereby appoint the Honorable CONSTANCE month’s coup d’etat, precipitated a A. MORELLA or, if not available to perform Unfortunately, action on another res- major crisis by unleashing an attack this duty, the Honorable FRANK R. WOLF to olution that has been approved by the act as Speaker pro tempore to sign enrolled Committee on International Relations against Indian positions in the area of bills and joint resolutions for the remainder and is ready for consideration on this Kargil, along the line of control that of the First Session of the One Hundred floor has been delayed. That other res- separates India and Pakistani con- Sixth Congress. olution would express the strong oppo- trolled areas of Kashmir. J. DENNIS HASTERT, sition of Congress to the recent mili- Pakistan’s actions were condemned Speaker of the House of Representatives. tary coup in Pakistan that overthrew by the U.S. and the international com- The SPEAKER pro tempore. Without the civilian government. While indi- munity, and Pakistan was forced to es- objection, the designations are agreed vidual members of Congress, including sentially withdraw. But the attacks by to. me, have spoken out against the Paki- Pakistani forces on India army posi- There was no objection. stani coup, it is important for the tions continued day-to-day, causing f House of Representatives to go on casualties on both sides and threat- ening the stability of the entire south COMMUNICATION FROM CHAIRMAN record collectively stating that we do Asia region. OF COMMITTEE ON TRANSPOR- not tolerate the overthrow of an elect- TATION AND INFRASTRUCTURE ed government. You have to wonder, Mr. Speaker, I am very disappointed, Mr. Speaker, why the U.S. continues to try to win The SPEAKER pro tempore laid be- in the Republican leadership for the the favor of the Pakistani regime, fore the House the following commu- continued delay in bringing up this res- given the proven collaboration between nication from the chairman of the olution. Since we are about to adjourn, Pakistan and the fundamentalist Committee on Transportation and In- it is likely the resolution is dead for Taliban militia in Afghanistan, and frastructure; which was read and, with- this year. with bin Laden. Bin Laden and the out objection, referred to the Com- Last month, Mr. Speaker, the mili- Taliban represent the height of violent mittee on Appropriations: tary coup in Pakistan was one of a se- anti-Americanism, and yet here is the COMMITTEE ON TRANSPORTATION ries of disturbing actions that deserve Pakistani regime tolerating, if not di- AND INFRASTRUCTURE, very close scrutiny and clear con- rectly supporting, the operations of Washington, DC, November 17, 1999. demnation by the U.S. government, the these movements in their country. Hon. J. DENNIS HASTERT, Congress, as well as the administra- We have recently seen another exam- Speaker of the House, Capitol, tion. One of the most shocking of these ple of the lack of respect for democracy Washington, DC. was last week’s rocket attacks against and the rule of law on the part of the DEAR MR. SPEAKER: I am transmitting American and UN targets in the Paki- herewith copies of the resolutions approved new Pakistani military regime with stani capital of Islamabad. The rockets on November 10, 1999 by the Committee on the initiative to indict the deposed were aimed at buildings in the heart of Transportation and Infrastructure, as fol- Prime Minister, Sharif, on trumped up the capital, including the U.S. Em- lows: charges of treason and hijacking, Committee survey resolutions authorizing bassy, a library and cultural center charges which carry the death penalty. the U.S. Army Corps of Engineers to study known as the American Center, and an the following potential water resources office tower housing several UN agen- Mr. Speaker, I do not want to get projects: Brazoria County Shoreline, Texas; cies. Thank God, no one was killed, al- carried away singing the praises of Mr. Dickinson Bayou, Texas; and for the City of though one person was injured, a Paki- Sharif. He was deeply involved in the Brownsville, Texas. stani guard at the American Center. ill-fated military campaign in Kashmir Committee resolution authorizing the nat- Mr. Speaker, the attacks came 2 days earlier this year. But he was the recog- ural Resources Conservation Service to un- nized legitimate leader of the nation. dertake a small watershed project for the before UN sanctions were scheduled to Middle Deep Red Run Creek Small Water- go into effect against the Taliban He had apparently attempted to dis- shed, Oklahoma. redream in neighboring Afghanistan miss the army’s Chief of Staff, General With kind regards, I am unless that country turns over bin Musharraf, and, instead, the general Sincerely, Laden, the international terrorist who turned the tables and dismissed the BUD SHUSTER, has masterminded attacks against prime minister, indicating who is real- Chairman. American and western targets in var- ly in charge in Pakistan. The turn of There was no objection. ious countries. There has been solid events indicates that the notion of f evidence in the past linking bin democratic civilian leadership and the Laden’s operation with Pakistan, so rule of law are not well developed in SPECIAL ORDERS this connection is extremely plausible. Pakistan. The SPEAKER pro tempore. Under As the New York Times reported last Reports in the last day out of Paki- the Speaker’s announced policy of Jan- Saturday, November 13, the list of pos- stan indicate that Prime Minister

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30791 Sharif, who has been in military cus- Although initially skeptical about woman from North Carolina (Mrs. tody since he was deposed in the Octo- the breadth of this legislative ap- CLAYTON) is recognized for 5 minutes. ber 12th coup, has been moved to the proach, the administration eventually Mrs. CLAYTON. Mr. Speaker, I want port city of Karachi in a military air- embraced it, and I am particularly ap- to thank the Members and the Congres- craft in preparation for a court appear- preciative of the support of Secretary sional and administrative staff num- ance. Summers in this cause. In Congress, a bering more than 500 who boarded 12 Mr. Speaker, in conclusion, there are number of our colleagues have been in- buses on Saturday, November 6, to pro- some who seem to welcome the seizure strumental in bringing this initiative vide hope and help to flood-ravaged of military power by the military in to the floor, and I would like to thank Eastern North Carolina. On that day Pakistan as a recipe for stability. I be- the gentleman from Alabama (Mr. we cleaned up and fixed up places that lieve this is misguided thinking. First, BACHUS), the gentleman from Alabama 6 weeks after the hurricane were still as the rocket attacks against Amer- (Mr. CALLAHAN) and the gentleman saturated with water. from Texas (Mr. ARMEY) on this side of ican targets last week indicate, the b 2045 military regime is no better at main- the aisle, and the gentleman from New taining stability and security than the York (Mr. LAFALCE), the gentleman As a result of the flooding, lives have previous civilian government. Further- from Massachusetts (Mr. FRANK), the been disrupted, disturbed, and dis- more, this year’s Pakistani attack on gentlewoman from California (Ms. WA- ordered. Tens of thousands were forced India in Kashmir demonstrates behav- TERS) and the gentlewoman from Cali- from their homes. Mr. Speaker, 11,000 ior that is highly destabilizing and fornia (Ms. PELOSI) on the other. homes were destroyed, and hundreds could lead to a wider war that would That we are able to consider debt re- are living in a state of virtual home- devastate much of South Asia. lief today is a result of extensive col- lessness. One-third of our population It was the military brass now in charge of laboration and dialogue with a coali- continues to suffer from a disaster that the country who precipitated that conflict, and tion of non-traditional lobbyists. Such is unprecedented in the entire history who continue to promote the ongoing border non-governmental organizations as of the State of North Carolina. incidents. Finally, the fact that Pakistan has OXFAM and Bread for the World have Mr. Speaker, we faced record high been under military dictatorship for approxi- provided much needed impetus to the floodwaters covering more than 20,000 mately half of its 52 years of independence in- effort, and a group of some 200 religious square miles, a land area greater than evitably led General Musharraf to conclude groups embracing the entire spectrum the size of the whole State of Mary- that it was his right to dismiss the Prime Min- of faiths and denominations have land. Many people lost everything, ister, not the other way around. Until that type united under the banner of Jubilee 2000. their homes, their farms, their busi- The term ‘‘jubilee’’ is particularly of thinking changes, Pakistan’s prospects for ness, and their loved ones. The full appropriate, as it invokes the Old Tes- stability and democracy are dim. While we amount of damage is still yet un- tament Biblical concept of restoration, may not be able to change Pakistani behavior, known. providing a fresh start, in this case for the United States should not be playing the As we begin to move from the phase the most abject poor, at the beginning role of enabler, out of cynical expediency or in of immediate relief to the phase of re- of the new millennium. covery and then rebuilding and recon- the misguided belief that the military regime A central text is Leviticus 25, which will bring ‘‘stability.’’ This body should go on struction, many in the private sector contains the injunction, ‘‘and ye shall have been helping as well. Certainly, record expressing our condemnation of this hallow the fiftieth year, and proclaim year’s turn of events in Pakistan. the Red Cross and Salvation Army liberty throughout all the land...In have been at work. Business enter- f the year of this jubilee, you shall re- prises have stepped forward with their COMPREHENSIVE DEBT RELIEF turn every man unto his possession.’’ support. Individual citizens from across As the Book of Proverbs reminds, ‘‘If ADOPTED BY OMNIBUS BUDGET the Nation have helped. The church you refuse to listen to the cry of the RESOLUTION community is doing its part and will do poor, your own cry will not be heard.’’ The SPEAKER pro tempore. Under a The Jubilee movement is worldwide, more. In fact, on December 19, the previous order of the House, the gen- but American leadership is critical. In church community across the country tleman from Iowa (Mr. LEACH) is recog- recent years we have demonstrated to will hold a nationwide effort to gather nized for 5 minutes. the world our capacity to lead in the support from various denominations to Mr. LEACH. Mr. Speaker, I rise use of force. Now we must show an help with the housing needs, especially today to emphasize to my colleagues equal commitment to leading in the for those who are the working poor, and the public that as part of the omni- delivery of compassion. In a world in disadvantaged and senior citizens. bus spending resolution just adopted, which divisions between rich and poor Mr. Speaker, I believe those Members the United States House of Representa- daily become more accentuated, it is and staffers who joined us on the No- tives has endorsed the most seminal imperative that Jubilee relationships vember 6 now have a clear view of the bill ever advanced for the developing be righted, that the alternative to war needs of the people of eastern North countries of the world. Comprehensive and famine with their attendant social Carolina. I believe those Members and debt relief has been adopted for the and capital costs be averted. staff now understand why this Congress poorest of the poor, many, but not all Just as the Marshall Plan symbolized must indeed pass an emergency re- of which, are in Africa. practicality and generosity at the end building and reconstruction package Relieving the debt burdens of the of the greatest war in human history, when we return in January. world’s poorest countries has become debt relief under the Jubilee banner When Congress returns, I and others one of the foremost economic, humani- stands at the end of the second millen- will put before the Congress a com- tarian and moral challenges of our nium after the birth of Christ as a crit- prehensive rebuilding and reconstruc- time. Indeed, seldom has there been ical moral response to social chal- tion bill. At that time, we will seek the such a compelling conjunction between lenges in parts of the world where pov- support of our colleagues in the House abstract economics, ethics and public erty is endemic and governments have and Senate, as well as the support of policy. proven unable or unwilling to serve the administration. In an effort to address this problem, well their people. One aspect of the legislation we will earlier this year I introduced H.R. 1095, introduce will be the provision of f an act which authorizes debt relief for grants rather than loans for those certain countries and conditions that PROVIDING HOPE AND HELP TO homeowners and businessowners who relief on those countries transferring FLOOD-RAVAGED NORTH CARO- simply cannot be helped by loans the savings from debt service obliga- LINA alone. Unless we are able to provide tions into poverty reduction and sus- The SPEAKER pro tempore. Under a grants, there are many, many who tainable development. previous order of the House, the gentle- owned homes before the storm will not

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00156 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30792 CONGRESSIONAL RECORD—HOUSE November 18, 1999 be able to afford replacement houses where between 2:30 and 3 a.m., the bon- participated in the bonfire. With al- after the storm. Unless we are able to fire stack catastrophically collapsed, most no exceptions, those who have provide grants, there are many busi- sending 50 to 60 students that were on participated have nothing but the nesses, especially small farmers who the stack plummeting down. Unfortu- warmest, fondest memories. We need to were in business before the storm, but nately, at least six of them have been grieve for our students who lost their will not be able to return or remain in killed; over 20 have been injured. There lives early this morning; we need to business because of the storm. are still five unaccounted for, and support the investigation to find the Over the years, America has come to there is a possibility that the death cause of that catastrophic accident, the aid of many in foreign countries, as toll could rise to over 10 students. and hopefully we can come up with we should and as we must continue to Mr. Speaker, this is a terrible trag- safety procedures so that the bonfire do. We have helped to rebuild Europe. edy for Texas A&M; it is a terrible can continue in the future. We have helped to boost the recovery tragedy for the families of the victims; Mr. Speaker, I ask that all of my col- of Japan. We have come and will con- it is a terrible tragedy for young people leagues pray for the families of those tinue to come again and again to the in our country. It is a sad, sad day in students who lost their lives early this aid of Kosovo. Surely, Mr. Speaker, we College Station, Texas. morning at Texas A&M. Texas A&M truly is a family. There can come to the aid of our fellow citi- f zens in eastern North Carolina. are over 250,000 living former students Mr. Speaker, America is at its best of Texas A&M, and the Aggie family, GIVE A KID A CHANCE when conditions of our fellow citizens literally all over the world, is in shock LEGISLATION are at their worst. America was at its and mourning for the students and The SPEAKER pro tempore. Under a best on November 6 when those Mem- their families, the students that were previous order of the House, the gentle- bers and staffers gave of their hearts injured and killed and their families. woman from Texas (Ms. JACKSON-LEE) and time and hands to those storm- Mr. Speaker, there are a number of is recognized for 5 minutes. torn communities and to the flood vic- other Aggie traditions, one of which, Ms. JACKSON-LEE of Texas. Mr. tims. unfortunately, will have to be utilized Speaker, as a Member of the delegation In the budget agreement we just in the very near future. Silver Taps is from Texas, let me join my colleague, voted on, Congress did indeed provide a tradition at Texas A&M where any the gentleman from Texas (Mr. BAR- some immediate relief, for which I am student that dies while an active stu- TON), to offer my sympathy to the fam- dent, there is a ceremony on campus very appreciative, although I was ilies of the victims of the bonfire trag- where all of the lights are turned out forced to vote against the bill because edy at Texas A&M University, those in the evening, all the students gather it did not contain $81 million promised who lost their lives and those who were at a common area in front of the aca- by the Senate leadership for the agri- severely injured. My sympathy to my demic building and Silver Taps are culture cooperative that would have colleague, Congressman BRADY whose played. So sometime in December, aided our tobacco farmers, our peanut district the university is in, and my there will be Silver Taps for the stu- and cotton farmers. There were indeed sympathy to my constituents, many of dents that were killed earlier this provisions in there that will provide a whom attend Texas A&M and whose morning and Aggies mourn their pass- response to the Housing needs and ad- family members have attended Texas ing. A&M. My prayers are with them and ditional resources for agriculture and There is a memorial service that is their families, and I hope that they loans and grants. I also want to thank going on as we speak. The gentleman will know that they are in our the administration for its support. from Texas (Mr. BRADY), whose district thoughts and that the university will With this budget, we have made a Texas A&M is located in, flew down to proceed with a review of the cir- significant step, but only a step. Much, College Station earlier this afternoon much more is needed before we can say to be with the students there as they cumstances. But I offer to them my that Congress has done its part. We have that memorial service this deepest sympathy. Mr. Speaker, today I rise on behalf of must, indeed, do more. evening. f The bonfire has been held every year the children of America, more than 13.7 million that suffer from severe mental TRAGEDY AT TEXAS A&M but one year since 1909. In 1963, after the assassination of President Ken- health disorders. When we think of the The SPEAKER pro tempore (Mr. nedy, the bonfire was canceled. That is tragedies that we have discussed over SIMPSON). Under a previous order of the the only time that it has been canceled the past year, the hateful acts of stu- House, the gentleman from Texas (Mr. until next week. Because of the tragic dents allegedly in Cleveland, Ohio; the BARTON) is recognized for 5 minutes. accident, there will be no bonfire at tragedy of a killing of a middle school Mr. BARTON of Texas. Mr. Speaker, Texas A&M next week before the foot- youngster in my own community; the as one of the last speakers to speak in ball game between Texas University enormous tragedy of Columbine; the this chamber in this century in terms and Texas A&M. killings in Fort Worth, Texas and of other than the purely procedural Mr. Speaker, again, I rise in strong- Jonesboro, we do know that our chil- motion, it is with great sadness that I est sympathy this evening. I would ask dren need help, need aid, need nur- rise this evening to talk of a terrible all of my colleagues in the House of turing, and need intervention. tragedy that happened early this morn- Representatives to pray for the fami- Mr. Speaker, more than 13.7 million ing in College Station, Texas. lies whose children have been killed or children in America suffer from severe The university where I graduated injured. I have one more daughter, mental disorders. I have long been an from in 1972 and where my father grad- Kristin, who is a senior in high school advocate for children’s mental health uated from in 1947, where my son grad- this year, and she hopes to attend services because I believe that good uated from in 1993, and my daughter in Texas A&M. It is my hope that the mental health is indispensable to over- 1997, has a tradition called Bonfire. A&M administration, President Bowen, all good health. Students spend several months going who is an excellent academic leader Mr. Speaker, today I introduced Give out and first cutting down the logs and and faculty leader at Texas A&M, will a Kid a Chance Omnibus Mental Health then transporting the logs to the cam- conduct a full investigation of this ac- Services Act of 1999. H.R. 3455 was of- pus, and then once on campus, sorting cident. If there is a way to find a cause fered and filed with over 42 original co- them out and stacking them together and to prevent it from happening in the sponsors. I believe that all children to create a bonfire which some years future, I know that he will do that, but need access to mental health services, has been over 100 feet tall, and which I also hope that we do not cancel the whether these services are provided in this year was somewhere about 40 feet bonfire in the future. a private therapy session or in a group tall and was scheduled to be about 60 Again, hundreds of thousands of setting, in our communities, or avail- feet tall. Earlier this morning, some- former students of Texas A&M have able as an intervention method in our

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00157 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30793 schools. My bill will provide mental identification of early mental health The current mental health system fails to health services to children, adolescents problems and promotes the mental provide a refuge for these children before they and their families in our schools and health and enhances the resiliency of are dumped into the juvenile justice system. I communities. By making these serv- children from birth to adolescence and believe that prevention and intervention from ices more readily available, more ac- their families. an early age are critical to stemming the tide cessible, more known, we can spot b 2100 of youth violence. We must put a system in mental health issues in children early place that can intervene in a child’s life early It incorporates families, schools and before we have escalated or they have on, long before the first act of violence is ever communities in an integral role in the escalated these incidences into vio- committed. programs. It coordinates behavioral lence. However, there is a greater need to address health care services, Mr. Speaker, Mr. Speaker, at least one in five chil- the mental health needs of all children, not interventions and support in tradi- dren in adolescence has a diagnosable just those who end up in the juvenile justice tional and nontraditional settings and, mental, emotional or behavioral prob- system. We need to address the mental health finally, it provides a continuum of care lem that can lead to school failure, needs of all children before they become at- for children from birth through adoles- substance abuse, violence or suicide. risk or troubled youth. Our children need to cence along with their families. However, 75 to 80 percent of these chil- Let me close simply, Mr. Speaker, by feel more comfortable about seeking help for dren do not receive any services in the saying that I hope that all of my col- their problems. form of specialty treatment or some leagues, Republicans and Democrats, In preparing this legislation, I worked with a form of mental health intervention. will join in a unified voice in support of coalition of mental health professionals—psy- Mr. Speaker, it is not always the pushing this legislation quickly, be- chologists, counselors, social workers and oth- kind of specialized treatment that is cause we are in great need of providing ers to create comprehensive mental health needed, but just to be able to give the the kind of comfort and support of our legislation that will benefit all children and their family and parents access to some form children, intervention, support, mental families. of counseling that will be readily avail- health services accessible to all. Mental health is indispensable to personal able that would not be distant, that I rise today on behalf of the children—the well-being, family and interpersonal relation- would not be overly exorbitant in cost, more than 13.7 million that suffer from severe ships. Mental health is the basis for thinking that would not be beyond their reach. mental health disorders. I have long been an and communication skills, learning, emotional The lack of access to mental health advocate for children’s mental health services growth, resilience and self-esteem. services has resulted in an increase of because I believe that good mental health is There were several issues that we consid- children dropping out of school, becom- indispensable to overall good health. Today I ered—access to services, the issue of stigma ing involved in delinquent or criminal introduced a bill, ‘‘Give a Kid a Chance Omni- and the cultural and ethnic barriers to treat- activity and becoming involved in the bus Mental Health Services Act of 1999,’’ H.R. ment. This bill addresses each of these con- juvenile justice or protective child sys- 3455 with forty-two (42) Original Co-Sponsors. cerns. Access to mental health services is key tems. I believe that all children need access to to saving this generation from self-destructive In light of the Columbine tragedy mental health services. Whether these serv- behavior. and other violent events of the past 7 ices are provided in a private therapy session In addition to access, there is the significant months, our children need us to pay or in a group setting in the schools, we need issue of stigma, particularly among the various close attention to the early signs of to make these services available. cultural groups in this country. As we all know, mental disorders. Clearly there are My bill will provide mental health services to there is already a significant stigma attached warning signs of trouble in young peo- children, adolescents and their families in the to mental health services for adults. ple that point to the possibility of emo- schools and communities. By making these Adults need to realize that mental health is tional and behavioral disorders. These services more readily available, we can spot not separate from physical or bodily health. warning signs include isolation, depres- mental health issues in children early before Good physical health is all encompassing, in- sion, alienation and hostility. But if we have escalated incidents of violence. clusive of the mind and body. As adults, we they have no access either through the At least one in five children and adolescents need to feel more comfortable about our own community or school health services or has a diagnosable mental, emotional, or be- issues. We cannot continue to believe in the their parents do not know where to go, havioral problem that can lead to school fail- stigma of mental help. these terrible warning signs can turn ure, substance abuse, violence or suicide. We must also explore the cultural and eth- into actions of violence. Recognizing However, 75 to 80 percent of these children nic barriers to making mental health services these signs is the first step to ensuring do not receive any services in the form of spe- available to all children. In certain ethnic cul- that the troubled youngsters get the cialty treatment or some form of mental health tures, the issue of mental health is almost a attention they need early to address intervention. non-issue. For example, in some cultures, a their mental health needs before it is The lack of access to mental health services person may complain of physical discomfort too late. has resulted in an increase of children drop- when the real issue is of a psychological na- Although the problem of youth vio- ping out of school, becoming involved in delin- ture. lence cannot be traced to a single cause quent or criminal activity, and becoming in- In addition to internal cultural barriers to or source, unrecognized or unaddressed volved in the juvenile justice or child protective mental health treatment, there are cross-cul- mental health disorders in children can systems. tural barriers that must be overcome. Mental be catastrophic. The current mental In light of the Columbine tragedy and other health professionals must be culturally savvy health system fails to provide a refuge violent events of the past seven months, our and have an understanding of various cultural for these children before they are children need us to pay close attention to the and ethnic backgrounds. dumped into the juvenile justice sys- early signs of mental disorders. Clearly, there People from various cultural backgrounds tem. Two-thirds of the children who are warning signs of trouble in young people are often mistrustful of seeking professional are in the juvenile justice system need that point to the possibility of emotional and mental health services because of a lack of mental health intervention. I believe behavioral disorders. These warning signs in- trust in the system, economic constraints, and that prevention and intervention from clude isolation, depression, alienation and limited awareness of the value of good mental an early age are critical to stemming hostility. health. The challenge to the mental health the tide of youth violence. We must put Recognizing these signs is the first step to profession is to overcome these barriers to something in place to intervene in a ensure that troubled youngsters get the atten- provide comprehensive treatment. child’s life. tion they need early to address their mental This silence ultimately harms our children. This bill provides for a comprehen- health needs before it is too late. Although the For example, in the African-American commu- sive, community-based, culturally problem of youth violence cannot be traced to nity mental health is rarely discussed and it competent and developmentally appro- a single cause or source, unrecognized or often goes untreated in both adults and chil- priate prevention and early interven- unaddressed mental health disorders in chil- dren. Depression is the most common mental tion program that provides for the dren can be catastrophic. health disorder affecting 10 percent of the

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00158 Fmt 0688 Sfmt 9920 E:\BR99\H18NO9.005 H18NO9 30794 CONGRESSIONAL RECORD—HOUSE November 18, 1999 population, yet we still do not engage in a H.J. Res. 83. A joint resolution making fur- ting the Agency’s final rule—Glyphosate; public dialogue about this issue. ther continuing appropriations for the fiscal Pesticide Tolerance [OPP–300946; FRL–6390–5] The progress we make now in terms of year 2000, and for other purposes. (RIN: 2070–AB78) received November 17, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f mental health access and treatment, erasing mittee on Agriculture. the stigma and overcoming the cultural bar- ADJOURNMENT 5442. A letter from the Director, Office of riers will be long reaching. Ms. JACKSON-LEE of Texas. Mr. Regulatory Management and Information, I urge my colleagues to add their names to Environmental Protection Agency, transmit- the list of cosponsors of this legislation. In the Speaker, I move that the House do now ting the Agency’s final rule—Clopyralid; Pes- next session, I look forward to this bill passing. adjourn. ticide Tolerances for Emergency Exemptions The motion was agreed to; accord- [OPP–300938; FRL–6388–5] (RIN: 2070–AB78) re- LEAVE OF ABSENCE ingly (at 9 p.m.), under its previous ceived November 17, 1999, pursuant to 5 By unanimous consent, leave of ab- order, the House adjourned until to- U.S.C. 801(a)(1)(A); to the Committee on Ag- sence was granted to: morrow, Friday, November 19, 1999, at riculture. noon. 5443. A letter from the Director, Office of Mrs. CAPPS (at the request of Mr. Regulatory Management and Information, GEPHARDT) for today and the balance of f Environmental Protection Agency, transmit- the week on account of family illness. OATH OF OFFICE OF MEMBERS, ting the Agency’s final rule—Avermectin B1 f and its delta-8,9-isomer; Extension of Toler- RESIDENT COMMISSIONER, AND ance for Emergency Exemptions [OPP–300948; SPECIAL ORDERS GRANTED DELEGATES FRL–6391–8] (RIN: 2070–AB78) received No- By unanimous consent, permission to The oath of office required by the vember 17, 1999, pursuant to 5 U.S.C. address the House, following the legis- sixth article of the Constitution of the 801(a)(1)(A); to the Committee on Agri- United States, and as provided by sec- culture. lative program and any special orders 5444. A letter from the Acquisition and heretofore entered, was granted to: tion 2 of the act of May 13, 1884 (23 Technology, Principal Deputy Under Sec- (The following Members (at the re- Stat. 22), to be administered to Mem- retary of Defense, transmitting a report en- quest of Mr. PALLONE) to revise and ex- bers, Resident Commissioner, and Dele- titled ‘‘Establishing an Entitlement to Re- tend their remarks and include extra- gates of the House of Representatives, imburse Rental Car Costs to Military Service neous material:) the text of which is carried in 5 U.S.C. Members’’; to the Committee on Armed Mr. PALLONE, for 5 minutes, today. 3331: Services. 5445. A letter from the Secretary of De- Mr. MALONEY of Connecticut, for 5 ‘‘I AB, do solemnly swear (or af- firm) that I will support and defend fense, transmitting a Report On Proposed minutes, today. Obligations For Weapons Destruction And Mr. UDALL of New Mexico, for 5 min- the Constitution of the United Non-Proliferation In The Former Soviet utes, today. States against all enemies, foreign Union; to the Committee on Armed Services. Mr. UDALL of Colorado, for 5 minutes, and domestic; that I will bear true 5446. A letter from the Director, Office of today. faith and allegiance to the same; Regulatory Management and Information, Ms. JACKSON-LEE of Texas, for 5 min- that I take this obligation freely, Environmental Protection Agency, transmit- utes, today. without any mental reservation or ting the Agency’s final rule—Approval and Promulgation of Air Quality Implementa- Mrs. CLAYTON, for 5 minutes, today. purpose of evasion; and that I will well and faithfully discharge the tion Plans; States of Colorado, Utah and Wy- (The following Members (at the re- oming; General Conformity [CO–001–0035a; quest of Mr. BARTON of Texas) to revise duties of the office on which I am UT–001–0023a; WY–001–0004a; FRL–6471–4] re- and extend their remarks and include about to enter. So help me God.’’ ceived November 17, 1999, pursuant to 5 extraneous material:) has been subscribed to in person and U.S.C. 801(a)(1)(A); to the Committee on Mr. LEACH, for 5 minutes, today. filed in duplicate with the Clerk of the Commerce. Mr. BARTON of Texas, for 5 minutes, House of Representatives by the fol- 5447. A letter from the Director, Office of today. lowing Member of the 106th Congress, Regulatory Management and Information, Environmental Protection Agency, transmit- Mrs. MYRICK, for 5 minutes, today. pursuant to the provisions of 2 U.S.C. ting the Agency’s final rule—Approval and f 25: Promulgation of Air Quality Implementa- JOE BACA, Forty-second, California. tion Plans; New Jersey; Approval of Carbon SENATE ENROLLED BILLS SIGNED f Monoxide State Implementation Plan Revi- The SPEAKER announced his signa- sion; Determination of Carbon Monoxide At- ture to enrolled bills of the Senate of EXECUTIVE COMMUNICATIONS, tainment; Removal of Oxygenated Gasoline the following titles: ETC. Program [Region 2 Docket No. NJ37–2–203 Under clause 8 of rule XII, executive FRL–6477–3] received November 17, 1999, pur- S. 278. An act to direct the Secretary of the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Interior to convey certain lands to the coun- communications were taken from the mittee on Commerce. ty of Rio Arriba, New Mexico. Speaker’s table and referred as follows: 5448. A letter from the Director, Office of S. 382. An act to establish the Minuteman 5439. A letter from the Associate Adminis- Regulatory Management and Information, Missile National Historic Site in the State of trator, Dairy Programs, Agricultural Mar- Environmental Protection Agency, transmit- South Dakota, and for other purposes. keting Service, transmitting the Service’s ting the Agency’s final rule—Approval and S. 1235. An act to amend part G of title I of final rule—Milk in the New England and Promulgation of Air Quality Implementa- the Omnibus Crime Control and Safe Streets Other Marketing Areas; Exemption of Han- tion Plans; Iowa Update to Materials Incor- Act of 1968 to allow railroad police officers to dlers Operating Plants in Clark County, Ne- porated by Reference [IA 075–1075: FRL–6462– attend the Federal Bureau of Investigation vada, From Order Requirements [Docket No. 3] received November 17, 1999, pursuant to 5 National Academy for law enforcement DA–00–01] received November 17, 1999, pursu- U.S.C. 801(a)(1)(A); to the Committee on training. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce. S. 1398. An act to clarify certain bound- on Agriculture. 5449. A letter from the Director, Office of aries on maps relating to the Coastal Barrier 5440. A letter from the Director, Office of Regulatory Management and Information, Resources System. Regulatory Management and Information, Environmental Protection Agency, transmit- f Environmental Protection Agency, transmit- ting the Agency’s final rule—NESHAPS: ting the Agency’s final rule—Herbicide Final Standards for Hazardous Air Pollut- JOINT RESOLUTION PRESENTED Safener HOE–107892; Extension of Tolerance ants for Hazardous Waste Combustors [FRL– TO THE PRESIDENT for Emergency Exemptions [OPP–300933; 6477–9] (RIN: 2050–AE01) received November Mr. THOMAS, from the Committee FRL–6385–5] (RIN: 2070–AB78) received No- 17, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to on House Administration, reported vember 17, 1999, pursuant to 5 U.S.C. the Committee on Commerce. 801(a)(1)(A); to the Committee on Agri- 5450. A letter from the Director, Office of that that committee did on this day culture. Regulatory Management and Information, present to the President, for his ap- 5441. A letter from the Director, Office of Environmental Protection Agency, transmit- proval, a joint resolution of the House Regulatory Management and Information, ting the Agency’s final rule—National Emis- of the following title: Environmental Protection Agency, transmit- sion Standards for Hazardous Air Pollutants:

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30795 Generic Maximum Achievable Control Tech- tion 5(b); to the Committee on Government Trade Preference Act’’; jointly to the Com- nology [AD-FRL–6478–8] (RIN: 2060–AG91) re- Reform. mittees on Ways and Means, Education and ceived November 17, 1999, pursuant to 5 5460. A letter from the Comptroller Gen- the Workforce, and Agriculture. U.S.C. 801(a)(1)(A); to the Committee on eral, transmitting a list of General Account- f Commerce. ing Office reports from the previous month; 5451. A letter from the Director, Office of to the Committee on Government Reform. REPORTS OF COMMITTEES ON Regulatory Management and Information, 5461. A letter from the Secretary of Trans- PUBLIC BILLS AND RESOLUTIONS Environmental Protection Agency, transmit- portation, transmitting the Semiannual Re- Under clause 2 of rule XIII, reports of ting the Agency’s final rule—National Emis- port of the Office of Inspector General for sion Standards for Hazardous Air Pollutants: the period ended September 30, 1999, pursu- committees were delivered to the Clerk Generic Maximum Achievable Control Tech- ant to 5 U.S.C. app. (Insp. Gen. Act) section for printing and reference to the proper nology; Process Wastewater Provisions [AD- 5(b); to the Committee on Government Re- calendar, as follows: FRL–6478–6] (RIN: 2060–AI53) received No- form. Mr. LEACH: Committee on Banking and vember 17, 1999, pursuant to 5 U.S.C. 5462. A letter from the the Chief Adminis- Financial Services. H.R. 1095. A bill to re- 801(a)(1)(A); to the Committee on Commerce. trative Officer, U.S. House of Representa- quire the United States to take action to 5452. A letter from the Chief, Policy and tives, transmitting the quarterly report of provide bilateral debt relief, and improve the Programming Division, Federal Communica- the Statement of Disbursements of the provision of multilateral debt relief, in order tions Commission, transmitting the Com- House of Representatives covering receipts to give a fresh start to poor countries; with mission’s final rule—In the Matter of Imple- and expenditures of appropriations and other an amendment (Rept. 106–483 Pt. 1). Ordered mentation of Local Competition Provisions funds for the period July 1, 1999 through Sep- to be printed. of the Telecommunications Act of 1996 [CC tember 30, 1999, pursuant to 2 U.S.C. 104a; (H. Mr. SHUSTER: Committee on Transpor- Docket No. 96–98] received November 17, 1999, Doc. No. 106–125); to the Committee on House tation and Infrastructure. H.R. 728. A bill to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administration and ordered to be printed. amend the Watershed Protection and Flood mittee on Commerce. 5463. A letter from the Director, Office of Prevention Act to authorize the Secretary of 5453. A letter from the Deputy Chief, Wire- Surface Mining, Department of the Interior, Agriculture to provide cost share assistance less Telecommunications Bureau, Federal transmitting the Department’s final rule— for the rehabilitation of structural measures Communications Commission, transmitting Indiana Regulatory Program [SPATS No. constructed as part of water resource the Commission’s final rule—Allocation of IN–143–FOR; State Program Amendment No. projects previously funded by the Secretary Spectrum Below 5 GHz Transferred from 98–5] received November 17, 1999, pursuant to under such Act or related laws; with amend- Federal Government Use [ET Docket No. 94– 5 U.S.C. 801(a)(1)(A); to the Committee on ments (Rept. 106–484 Pt. 1). Ordered to be 32] received November 17, 1999, pursuant to 5 Resources. printed. U.S.C. 801(a)(1)(A); to the Committee on 5464. A letter from the Office of Surface Mr. YOUNG of Alaska: Committee on Re- Commerce. Mining, Department of the Interior, trans- sources. H.R. 2669. A bill to reauthorize the 5454. A letter from the Assistant Bureau mitting the Department’s final rule—Mary- Coastal Zone Management Act of 1972, and Chief, Management, International Bureau, land Regulatory Program [MD–044–FOR] re- for other purposes; with an amendment Federal Communications Commission, trans- ceived November 17, 1999, pursuant to 5 (Rept. 106–485). Referred to the Committee of mitting the Commission’s final rule— U.S.C. 801(a)(1)(A); to the Committee on Re- the Whole House on the State of the Union. Amendment of the Commission’s Regulatory sources. f Policies to Allow Non-U.S. Licensed Space 5465. A letter from the Director, Office of Stations to Provide Domestic and Inter- Surface Mining, Department of the Interior, TIME LIMITATION OF REFERRED national Satellite Service in the United transmitting the Department’s final rule— BILL States [IB Docket No. 96–111] received No- Ohio Regulatory Program [OH–246–FOR] re- vember 17, 1999, pursuant to 5 U.S.C. ceived November 17, 1999, pursuant to 5 Pursuant to clause 5 of rule X the fol- 801(a)(1)(A); to the Committee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on Re- lowing action was taken by the Speak- 5455. A letter from the Chairman, Federal sources. er: Energy Regulatory Commission, transmit- 5466. A letter from the Secretary of Agri- H.R. 1838. Referral to the Committee on ting the Commission’s final rule—Landowner culture, Secretary of the Army, transmitting Armed Services extended for a period ending Notification, Expanded Categorical Exclu- notification of the intention of the Depart- not later than November 19, 1999. sions, and Other Environmental Filing Re- ment of the Army and the Department of Ag- H.R. 3081. Referral to the Committee on quirements (Docket No. RM98–17–000; Order riculture to interchange jurisdiction of Mili- Education and the Workforce extended for a No. 609) received November 17, 1999, pursuant tary and National Forest System lands at period ending not later than November 19, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Army’s Fort Hunter Liggett Military 1999. Commerce. Reservation, California, and the USDA For- f 5456. A letter from the Assistant Secretary est Service’s Toiyabe National Forest in for Legislative Affairs, Department of State, Mineral County, Nevada, pursuant to 16 PUBLIC BILLS AND RESOLUTIONS transmitting a copy of Presidential Deter- U.S.C. 505a; jointly to the Committees on Under clause 2 of rule XII, public mination No. 2000–07, authorizing the fur- Armed Services and Resources. nishing of assistance from the Emergency 5467. A letter from the Acting Director, Of- bills and resolutions were introduced Refugee and Migration Assistance Fund to fice of Civilian Radioactive Waste Manage- and severally referred, as follows: meet the urgent needs related to the Timor ment, Department of Energy, transmitting a By Mrs. JOHNSON of Connecticut (for crisis and for the North Caucasus crisis, pur- report entitled ‘‘A Roadmap for Developing herself and Mr. CARDIN): suant to 22 U.S.C. 2601(c)(3); to the Com- Accelerator Transmutation of Waste Tech- H.R. 3443. A bill to amend part E of title IV mittee on International Relations. nology—A Report to Congress’’; jointly to of the Social Security Act to provide States 5457. A communication from the President the Committees on Commerce and Science. with more funding and greater flexibility in of the United States, transmitting a report 5468. A letter from the Secretary of Health carrying out programs designed to help chil- on progress toward a negotiated settlement and Human Services, transmitting activities dren make the transition from foster care to of the Cyprus question covering the period taken relative to Medicare approved home self-sufficiency, and for other purposes; to August 1, 1999, to September 30, 1999, pursu- health agencies including the status, imple- the Committee on Ways and Means, and in ant to 22 U.S.C. 2373(c); to the Committee on mentation and impact of the revised survey addition to the Committee on Commerce, for International Relations. cycle; jointly to the Committees on Ways a period to be subsequently determined by 5458. A letter from the Assistant Secretary and Means and Commerce. the Speaker, in each case for consideration for Legislative Affairs, Department of State, 5469. A letter from the Chairman of the Se- of such provisions as fall within the jurisdic- transmitting the justification and designa- curities and Exchange Commission, Chair- tion of the committee concerned. tion of Burma, China, Iran, Iraq, and Sudan man of the Commodity Futures Trading By Mrs. CHENOWETH-HAGE (for her- as ‘‘countries of particular concern’’ for hav- Commission, Secretary of Treasury, Chair- self, Mr. BARR of Georgia, Mr. WATTS ing engaged in or tolerated particularly se- man of transmitting the President’s Working of Oklahoma, Mr. DOOLITTLE, Mrs. vere violations of religious freedom; to the Group on Financial Markets entitled ‘‘Over- CUBIN, Mr. GIBBONS, Mr. COBURN, Mr. Committee on International Relations. the-Counter Derivatives Markets and the YOUNG of Alaska, Mr. MCINTOSH, Mr. 5459. A letter from the Chairman and Chief Commodity Exchange Act’’; jointly to the PAUL, Mr. GOODE, Mr. HASTINGS of Executive Officer, Chemical Safety and Haz- Committees on Agriculture, Banking and Fi- Washington, Mr. CANNON, Mr. SMITH ard Investigation Board, transmitting the nancial Services, and Commerce. of Michigan, Mr. SKEEN, Mr. PICKETT, Board’s Annual Report on Audit and Inves- 5470. A letter from the Acting, Executive Mr. HILL of Montana, Mr. BATEMAN, tigative Activities for Fiscal Year 1999, pur- Office of the President, transmitting a legis- Mr. RYUN of Kansas, and Mr. WICK- suant to 5 U.S.C. app. (Insp. Gen. Act) sec- lative proposal entitled, ‘‘Southeast Europe ER):

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00160 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30796 CONGRESSIONAL RECORD—HOUSE November 18, 1999 H.R. 3444. A bill to repeal section 658 of fiscal years 2001 and 2002; to the Committee provisions to combat waste, fraud, and abuse Public Law 104–208, commonly referred to as on Agriculture. within the Medicare Program, and for other the Lautenberg amendment; to the Com- By Mr. CHAMBLISS: purposes; to the Committee on Ways and mittee on the Judiciary. H.R. 3454. A bill to designate the United Means, and in addition to the Committees on By Mrs. FOWLER: States post office located at 451 College Commerce, and the Judiciary, for a period to H.R. 3445. A bill to amend title 10, United Street in Macon, Georgia, as the ‘‘Henry be subsequently determined by the Speaker, States Code, to allow the Secretaries of the McNeal Turner Post Office‘‘; to the Com- in each case for consideration of such provi- military departments to authorize civilian mittee on Government Reform. sions as fall within the jurisdiction of the special agents of their respective military By Ms. JACKSON-LEE of Texas (for committee concerned. criminal investigative organizations to exe- herself, Ms. MILLENDER-MCDONALD, By Mr. BOEHNER (for himself, Mr. cute warrants and make arrests; to the Com- Ms. KILPATRICK, Ms. LEE, Ms. OXLEY, and Mr. PORTMAN): mittee on Armed Services. SCHAKOWSKY, Mr. GREEN of Texas, H.R. 3462. A bill to amend title I of the Em- By Mr. OBERSTAR: Mr. MCDERMOTT, Mr. EDWARDS, Mr. ployee Retirement Income Security Act of H.R. 3446. A bill to authorize appropria- PALLONE, Mr. KUCINICH, Mrs. MINK of 1974 to establish certain requirements en- tions for the Surface Transportation Board, Hawaii, Mr. RANGEL, Mr. BARRETT of forceable under such title relating to certain to enhance railroad competition, to protect Wisconsin, Mr. SAWYER, Mr. MENEN- stock purchase arrangements maintained by collective bargaining agreements, and for DEZ, Mr. PASTOR, Mr. CRAMER, Mrs. employers for employees, and to amend the other purposes; to the Committee on Trans- MEEK of Florida, Ms. BROWN of Flor- Internal Revenue Code of 1986 to provide fa- portation and Infrastructure. ida, Mr. DAVIS of Illinois, Mr. CLY- vorable treatment for such arrangements By Mr. HASTINGS of Washington (for BURN, Mr. TOWNS, Mrs. NAPOLITANO, meeting such requirements, subject to cer- himself and Mr. WALDEN of Oregon): Ms. PELOSI, Mr. FARR of California, tain restrictions on disposition of trans- H.R. 3447. A bill to amend the Pacific Mr. CUMMINGS, Mr. UDALL of Colo- ferred shares; to the Committee on Edu- Northwest Electric Power Planning and Con- rado, Mr. FORD, Mr. MARTINEZ, Mr. cation and the Workforce, and in addition to servation Act to provide for sales of elec- FORBES, Mr. RODRIGUEZ, Mr. JEFFER- the Committee on Ways and Means, for a pe- tricity by the Bonneville Power Authority to SON, Mr. GONZALEZ, Mr. FATTAH, Mr. riod to be subsequently determined by the joint operating entities; to the Committee LARSON, Mr. OWENS, Mr. BALDACCI, Speaker, in each case for consideration of on Resources, and in addition to the Com- Mr. PASCRELL, Mr. WEYGAND, Mr. such provisions as fall within the jurisdic- mittee on Commerce, for a period to be sub- BACA, Mr. MEEKS of New York, Mr. tion of the committee concerned. sequently determined by the Speaker, in BAIRD, Mr. STRICKLAND, and Mr. By Mr. BONIOR (for himself, Mr. each case for consideration of such provi- LAMPSON): LEVIN, Ms. STABENOW, Ms. KAPTUR, sions as fall within the jurisdiction of the H.R. 3455. A bill to amend the Public Mr. WELDON of Pennsylvania, Mr. committee concerned. Health Service Act with respect to mental HINCHEY, and Mr. HORN): By Mr. GREENWOOD (for himself, Mr. health services for children, adolescents and H.R. 3463. A bill to amend title 36, United DOOLEY of California, Mr. BOEHLERT, their families; to the Committee on Com- States Code, to grant a Federal charter to and Mrs. TAUSCHER): merce. the Ukrainian American Veterans, Incor- H.R. 3448. A bill to improve the manage- By Mr. COBLE: porated; to the Committee on the Judiciary. ment of environmental information and to H.R. 3456. A bill to amend statutory dam- By Mr. BOSWELL: encourage innovation in the pursuit of en- ages provisions of title 17, United States H.R. 3464. A bill to establish a cooperative hanced environmental quality, and for other Code; to the Committee on the Judiciary. program of the Department of Agriculture, purposes; to the Committee on Commerce, By Mr. UPTON (for himself, Mr. STU- the Department of Energy, and the Environ- and in addition to the Committees on Trans- PAK, Ms. JACKSON-LEE of Texas, Mr. mental Protection Agency to evaluate the portation and Infrastructure, and the Budg- BLILEY, and Mr. ROEMER): feasibility of using only fuel blended with et, for a period to be subsequently deter- H.R. 3457. A bill to amend the Controlled ethanol to power municipal vehicles; to the mined by the Speaker, in each case for con- Substances Act to direct the emergency Committee on Commerce. sideration of such provisions as fall within scheduling of gamma hydroxybutyric acid, By Mr. BRADY of Texas (for himself, the jurisdiction of the committee concerned. to provide for a national awareness cam- Mr. MCINTOSH, and Mr. BRYAN): By Mr. GREENWOOD: paign, and for other purposes; to the Com- H.R. 3465. A bill to provide safer schools H.R. 3449. A bill to amend the Clean Air mittee on Commerce, and in addition to the and a better educational environment; to the Act to provide for a State waiver of the re- Committee on the Judiciary, for a period to Committee on Education and the Workforce. quirements concerning the oxygen content of be subsequently determined by the Speaker, By Mr. CAMP (for himself, Mrs. JOHN- gasoline; to the Committee on Commerce. in each case for consideration of such provi- SON of Connecticut, and Mrs. THUR- By Mr. EHLERS: sions as fall within the jurisdiction of the MAN): H.R. 3450. A bill to direct the Archivist of committee concerned. H.R. 3466. A bill to amend the Internal Rev- the United States to transfer certain Federal By Ms. PRYCE of Ohio: enue Code of 1986 to expand the credit for land located in the State of Michigan to the H.R. 3458. A bill to reduce the incidence of electricity produced from certain renewable Gerald R. Ford Foundation in trust, and for child abuse and neglect, and for other pur- resources to energy produced from landfill other purposes; to the Committee on Govern- poses; to the Committee on the Judiciary. gas; to the Committee on Ways and Means. ment Reform. By Mr. ANDREWS: By Mr. CAMPBELL: By Mr. ABERCROMBIE: H.R. 3459. A bill to provide that a person H.R. 3467. A bill to amend title 10, United H.R. 3451. A bill to amend the Internal Rev- who brings a product liability action in a States Code, to direct the Secretary of De- enue Code of 1986 to allow the unused portion Federal or State court for injuries sustained fense to establish procedures for ensuring of the low-income housing credit for build- from a product which is not in compliance that persons reporting instances of suspected ings financed with tax exempt State bonds to with a voluntary or mandatory standard child abuse occurring on military installa- be used for the construction of military issued by the Consumer Product Safety Com- tions may submit such reports anonymously; housing in the State; to the Committee on mission may recover treble damages, and for to the Committee on Armed Services. Ways and Means. other purposes; to the Committee on the Ju- By Mr. CANNON: By Mr. BAKER (for himself, Mr. diciary, and in addition to the Committee on H.R. 3468. A bill to direct the Secretary of HUNTER, Mr. STUMP, Mr. TRAFICANT, Commerce, for a period to be subsequently the Interior to convey to certain water Mr. HEFLEY, Mr. COOKSEY, Mr. WAMP, determined by the Speaker, in each case for rights to Duchesne City, Utah; to the Com- Mrs. BONO, Mrs. CHENOWETH-HAGE, consideration of such provisions as fall with- mittee on Resources. Mr. BACHUS, Mrs. JOHNSON of Con- in the jurisdiction of the committee con- By Mr. EVANS (for himself and Mr. necticut, Mr. SAM JOHNSON of Texas, cerned. LEACH): Mr. CUNNINGHAM, Mr. TAUZIN, and By Mr. BACHUS (for himself and Mr. H.R. 3469. A bill to amend title 10, United Mr. TANCREDO): JONES of North Carolina): States Code, to provide for the coverage and H.R. 3452. A bill to establish conditions on H.R. 3460. A bill to amend title 10, United treatment of overhead costs of United States the payment of certain balances under the States Code, to require the consent of a factories and arsenals when not making sup- Panama Canal Act of 1979; to the Committee member of the Armed Forces before admin- plies for the Army, and for other purposes; to on Armed Services. istering the member with an investigational the Committee on Armed Services. By Mr. GOODLATTE: new drug or drug unapproved for its applied By Mr. GREEN of Wisconsin: H.R. 3453. A bill to amend the Food Stamp use; to the Committee on Armed Services. H.R. 3470. A bill to provide for the appoint- Act of 1977 to require the Secretary of Agri- By Mrs. BIGGERT (for herself and Mr. ment of 1 additional Federal district judge culture to purchase additional commodities TRAFICANT): for the eastern district of Wisconsin, and for for distribution under section 214 of the H.R. 3461. A bill to amend title XVIII of the other purposes; to the Committee on the Ju- Emergency Food Assistance Act of 1983 for Social Security Act to establish additional diciary.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00161 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30797 By Mr. GREENWOOD: By Mr. MARKEY: the Secretary of the Treasury to issue regu- H.R. 3471. A bill to authorize the Secretary H.R. 3483. A bill to amend the Federal secu- lations covering the practice of enrolled of Health and Human Services to carry out rities laws to enhance oversight over certain agents before the Internal Revenue Service; demonstration projects to increase the sup- derivatives dealers and hedge funds, reduce to the Committee on Ways and Means. ply of organs donated for human transplan- the potential for such entitles to increase By Mr. ROYCE (for himself, Mr. BENT- tation; to the Committee on Commerce. systemic risk in the financial markets, en- SEN, Mr. JONES of North Carolina, By Mr. HOLT: hance investor protections, and for other and Mr. METCALF): H.R. 3472. A bill to provide for mandatory purposes; to the Committee on Commerce. H.R. 3492. A bill to amend the Fair Debt licensing and registration of handguns; to By Mr. MCCOLLUM (for himself and Collection Practices Act to exempt mortgage the Committee on the Judiciary. Mrs. JOHNSON of Connecticut): servicers from certain requirements of the H.R. 3473. A bill to amend the Omnibus H.R. 3484. A bill to amend title 18, United Act with respect to federally related mort- Crime Control and Safe Streets Act of 1968 to States Code, to provide that certain sexual gage loans secured by a first lien, and for restrict the transfer by local law enforce- crimes against children are predicate crimes other purposes; to the Committee on Bank- ment agencies of certain firearms; to the for the interception of communications, and ing and Financial Services. Committee on the Judiciary. for other purposes; to the Committee on the By Mr. RYAN of Wisconsin: H.R. 3474. A bill to suspend temporarily the Judiciary. H.R. 3493. A bill to promote international duty on Fungaflor 500 EC; to the Committee By Mr. MCCOLLUM (for himself, Mr. monetary stability and to share seigniorage on Ways and Means. DELAY, Mr. DIAZ-BALART, Mr. with officially dollarized countries; to the H.R. 3475. A bill to suspend temporarily the SAXTON, Mr. SMITH of New Jersey, Committee on Banking and Financial Serv- duty on NORBLOC 7966; to the Committee on Mr. FRANKS of New Jersey, Mr. ices. Ways and Means. ROGAN, Mr. FOLEY, Mr. TIAHRT, and By Mr. SANDERS (for himself, Ms. H.R. 3476. A bill to suspend temporarily the Ms. ROS-LEHTINEN): PELOSI, Ms. WATERS, Mr. FILNER, Mr. duty on Imazalil; to the Committee on Ways H.R. 3485. A bill to modify the enforcement KUCINICH, Mr. DEFAZIO, Mr. OWENS, and Means. of certain anti-terrorism judgments, and for and Mr. EVANS): By Ms. HOOLEY of Oregon: other purposes; to the Committee on the Ju- H.R. 3494. A bill to clarify that no provi- H.R. 3477. A bill to amend the Truth in diciary. Lending Act to require credit card state- sions of title LXII of the Revised Statutes of By Mr. MORAN of Kansas: the United States, the Home Owners’ Loan ments to include the date by which a con- H.R. 3486. A bill to protect previously ap- Act, or any other Federal law have ever been sumer’s payment by mail must be post- proved State Medicaid plans from changes in intended, and may not be construed, to su- marked in order to avoid the late fee and to Federal payment for school-based health persede nondiscriminatory State or local prohibit a late fee for a consumer’s payment services for Medicaid-eligible children with laws that regulate fees and surcharges im- by mail which is postmarked by such date, individualized education programs; to the posed by operators of automated teller ma- and for other purposes; to the Committee on Committee on Commerce. chines for use of such machines; to the Com- Banking and Financial Services. By Mr. OXLEY (for himself, Mr. DAVIS mittee on Banking and Financial Services. By Ms. KAPTUR (for herself, Mr. KAN- of Virginia, Mr. BOUCHER, Ms. ESHOO, By Mr. STRICKLAND (for himself, Mr. JORSKI, Mr. GILLMOR, and Mr. HAN- and Mr. STUPAK): GORDON, Mr. UDALL of Colorado, Mr. SEN): H.R. 3487. A bill to provide consumers in H.R. 3478. A bill to establish a compensa- multitenant buildings with the benefits of WHITFIELD, Mrs. TAUSCHER, Mr. tion program for the contractors of the De- competition among providers of tele- BAIRD, Mr. BROWN of Ohio, Mr. partments of Energy and Defense and beryl- communications services by ensuring rea- PHELPS, Mr. FORBES, Mr. PALLONE, lium vendors who sustained a beryllium-re- sonable and nondiscriminatory access to and Ms. KAPTUR): lated illness due to the performance of their rooftops of mulitenants buildings by com- H.R. 3495. A bill to establish a compensa- duty, and for other purposes; to the Com- petitive telecommunications carriers, and tion program for Department of Energy em- mittee on the Judiciary, and in addition to promote the development of fixed wireless, ployees injured in Federal nuclear activities; the Committees on Education and the Work- local telephony, and broadband infrastruc- to the Committee on the Judiciary, and in force, and Armed Services, for a period to be ture, and for other purposes; to the Com- addition to the Committee on Ways and subsequently determined by the Speaker, in mittee on Commerce. Means, for a period to be subsequently deter- mined by the Speaker, in each case for con- each case for consideration of such provi- By Mr. PALLONE (for himself, Mr. AN- sideration of such provisions as fall within sions as fall within the jurisdiction of the DREWS, Mr. SMITH of New Jersey, Mr. the jurisdiction of the committee concerned. committee concerned. FRANKS of New Jersey, Mr. By Mr. TANNER: By Mrs. KELLY (for herself, Mr. PASCRELL, Mr. FRELINGHUYSEN, Mr. H.R. 3496. A bill to amend the Internal Rev- FRANKS of New Jersey, and Mr. JONES HOLT, Mr. LOBIONDO, Mr. ROTHman, enue Code of 1986 to provide that certain uses of North Carolina): Mr. PAYNE, Mr. MENENDEZ, Mrs. ROU- of a facility owned by a tax-exempt organiza- H.R. 3479. A bill to authorize the Small KEMA, and Mr. SAXTON): Business Administration to make grants and H.R. 3488. A bill to designate the United tion shall not be treated as private business loans to small business concerns, and grants States Post Office located at 60 Third Ave- use for purposes of determining whether to agricultural enterprises, to enable such nue in Long Branch, New Jersey, as the ‘‘Pat bonds issued to provide the facility are tax- concerns and enterprises to reopen for busi- King Post Office Building‘‘; to the Com- exempt bonds; to the Committee on Ways ness after a natural or other disaster; to the mittee on Government Reform. and Means. Committee on Small Business. By Mr. PICKERING (for himself, Mr. By Mr. THOMPSON of Mississippi (for By Mr. KLINK (for himself and Ms. MARKEY, Mrs. WILSON, Mr. LARGENT, himself, Mr. SHOWS, and Mr. TAYLOR DEGETTE): and Mr. TAUZIN): of Mississippi): H.R. 3480. A bill to amend title XIX and H.R. 3489. A bill to amend the Communica- H.R. 3497. A bill to authorize a study on the XXI of the Social Security Act to expand en- tions Act of 1934 to regulate interstate com- feasibility of preserving certain Civil War rollment of children under the Medicaid and merce in the use of mobile telephones and to battlefields along the Vicksburg Campaign State children’s health insurance program strengthen and clarify prohibitions on elec- Trail and of establishing a Civil Rights Trail (SCHIP) through the expanded use of pre- tronic eaves-dropping, and for other pur- in the State of Mississippi; to the Committee sumptive eligibility; to the Committee on poses; to the Committee on Commerce, and on Resources. Commerce. in addition to the Committee on the Judici- By Mr. TOWNS (for himself, Mr. TAU- By Mrs. LOWEY: ary, for a period to be subsequently deter- ZIN, Mr. DINGELL, Mr. MARKEY, and H.R. 3481. A bill to impose a 2-year morato- mined by the Speaker, in each case for con- Mr. OXLEY): rium on the issuance of new Federal licenses sideration of such provisions as fall within H.R. 3498. A bill to amend the Communica- to deal in firearms; to the Committee on the the jurisdiction of the committee concerned. tions Act of 1934 to improve the operations of Judiciary. By Mr. PORTMAN (for himself and Mr. the Telecommunications Development Fund; By Mr. MALONEY of Connecticut: CARDIN): to the Committee on Commerce. H.R. 3482. A bill to amend title XVIII of the H.R. 3490. A bill to amend the Internal Rev- By Mr. TRAFICANT: Social Security Act to assure access of Medi- enue Code of 1986 to clarify the status of pro- H.R. 3499. A bill to amend section 107 of the care beneficiaries to prescription drug cov- fessional employer organizations and to pro- Housing and Community Development Act of erage through the NICE drug benefit pro- mote and protect the interests of profes- 1974 to authorize the Secretary of Housing gram; to the Committee on Ways and Means, sional employer organizations, their cus- and Urban Development to make grants from and in addition to the Committee on Com- tomers, and workers; to the Committee on community development block grant merce, for a period to be subsequently deter- Ways and Means. amounts to the Park and Recreation Com- mined by the Speaker, in each case for con- By Mr. PORTMAN: mission, City of Youngstown, Ohio, for the sideration of such provisions as fall within H.R. 3491. A bill to amend the Internal Rev- construction of a community center and the the jurisdiction of the committee concerned. enue Code of 1986 to codify the authority of renovation of a sports complex in such city;

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00162 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 30798 CONGRESSIONAL RECORD—HOUSE November 18, 1999 to the Committee on Banking and Financial is due to environmental laws or court orders ing National Pearl Harbor Remembrance Services. directly related to the mining of coal; to the Day; to the Committee on Government Re- By Mr. UDALL of Colorado: Committee on Ways and Means. form. H.R. 3500. A bill to direct the Adminis- By Mr. WU (for himself, Mr. DAVIS of H. Res. 393. A resolution returning to the trator of the Small Business Administration Virginia, and Mr. STARK): Senate the bill S. 4; considered and agreed to conduct a pilot program to raise aware- H.R. 3508. A bill to amend the Immigration to. ness about telecommuting among small busi- and Nationality Act to provide status in H. Res. 394. A resolution returning to the ness employers and to encourage such em- each of fiscal years 2000 through 2002 for Senate the bill S. 1232; considered and agreed ployers to offer telecommuting options to 65,000 H–1B nonimmigrants who have a mas- to. employees; to the Committee on Small Busi- ter’s or Ph. D. degree and meet the require- By Mr. ARMEY: ness. ments for such status and whose employers H. Res. 395. A resolution providing for a By Mr. UDALL of Colorado (for himself make scholarhip payments to institutions of committee of two Members to be appointed and Mr. UDALL of New Mexico): higher education for undergraduate and post- by the House to inform the President; con- H.R. 3501. A bill to promote and appro- graduate education; to the Committee on the sidered and agreed to. priately recognize the role of volunteers and Judiciary. By Mr. DREIER (for himself, Mr. By Mr. YOUNG of Florida: partnership organizations in the stewardship YOUNG of Florida, Mr. BASS, Mr. H.J. Res. 84. A joint resolution making fur- of the resources and values of Federal lands WHITFIELD, Mr. JONES of North Caro- ther continuing appropriations for the fiscal administered by the Secretary of Agriculture lina, Mr. CONDIT, Mr. LUTHER, Ms. year 2000, and for other purposes; to the and the Secretary of the Interior, and for MCCARTHY of Missouri, Ms. DUNN, Committee on Appropriations. other purposes; to the Committee on Re- Mr. SESSIONS, Mr. STEARNS, Mr. REG- By Mr. ARMEY: sources, and in addition to the Committee on H.J. Res. 85. A joint resolution appointing ULA, Mr. GILCHREST, Mr. GREENWOOD, Agriculture, for a period to be subsequently the day for the convening of the second ses- Mr. SENSENBRENNER, Mr. GOODE, Mr. determined by the Speaker, in each case for sion of the One Hundred Sixth Congress; con- THUNE, Mr. LEWIS of Kentucky, Mrs. consideration of such provisions as fall with- sidered and agreed to. MYRICK, Mr. HASTINGS of Wash- in the jurisdiction of the committee con- H. Con. Res. 234. Concurrent resolution ta- ington, Mr. BAKER, Mr. VITTER, Mr. cerned. bling the bill (H.R. 2466) making appropria- BACHUS, Mr. CASTLE, Mr. ROYCE, Mr. By Mr. UDALL of New Mexico: tions for the Department of the Interior and HALL of Texas, Mr. WAMP, Mr. H.R. 3502. A bill to enhance the ability of related agencies for the fiscal year ending METCALF, Mr. LAFALCE, Mrs. ROU- the National Laboratories to meet Depart- September 30, 2000, and for other purposes; KEMA, Mr. WELDON of Florida, Mr. ment of Energy missions, and for other pur- considered and agreed to. SIMPSON, Mr. REYNOLDS, Ms. PRYCE poses; to the Committee on Science, and in By Mr. ARMEY: of Ohio, Mr. BARTON of Texas, Mr. addition to the Committee on Armed Serv- H. Con. Res. 235. Concurrent resolution EVERETT, Mr. HAYWORTH, Mr. STUMP, ices, for a period to be subsequently deter- providing for the sine die adjournment of the Mr. BERMAN, Mr. BILBRAY, Mr. CAL- mined by the Speaker, in each case for con- first session of the One Hundred Sixth Con- LAHAN, Mr. CUNNINGHAM, Mr. YOUNG sideration of such provisions as fall within gress; considered and agreed to. of Alaska, Mr. KOLBE, Mr. SALMON, the jurisdiction of the committee concerned. By Mr. ROGERS: Mr. SHADEGG, Mr. HUTCHINSON, Mrs. By Ms. WATERS: H. Con. Res. 236. Concurrent resolution cor- BONO, Mr. CALVERT, Mr. CAMPBELL, H.R. 3503. A bill to provide for basic low- recting the enrollment of H.R. 1180; consid- Mr. DOOLEY of California, Mr. DOO- cost banking accounts, to eliminate certain ered and agreed to. LITTLE, Mr. HASTERT, Mr. FARR of automated teller machine surcharges, and to By Mr. GEORGE MILLER of California California, Mr. HERGER, Mr. HORN, reauthorize a bank fee survey conducted by (for himself, Mr. KILDEE, Mr. KEN- Mr. HUNTER, Mr. KUYKENDALL, Mr. the Board of Governors of the Federal Re- NEDY of Rhode Island, Mr. VENTO, Mr. GALLEGLY, Mr. MCKEON, Mr. MAR- serve System, and for other purposes; to the PASTOR, Mr. INSLEE, Mr. UNDERWOOD, TINEZ, Mr. GARY MILLER of Cali- Committee on Banking and Financial Serv- Mr. FALEOMAVAEGA, Mr. MCDERMOTT, fornia, Mrs. NAPOLITANO, Mr. OSE, ices. Mrs. CHRISTENSEN, Ms. ESHOO, and Mr. POMBO, Mr. RADANOVICH, Mr. By Ms. WATERS (for herself, Mr. CLY- Ms. WATERS): ROGAN, Mr. ROHRABACHER, Mr. THOM- H. Con. Res. 237. Concurrent resolution ex- BURN, Mr. TOWNS, Mr. MARKEY, Mr. AS, Mr. THOMPSON of California, Mr. pressing the sense of the Congress that a por- CONYERS, Mrs. MEEK of Florida, Mr. HEFLEY, Mr. MCINNIS, Mr. SCHAFFER, tion of the budget surplus should be used to FRANK of Massachusetts, Ms. BROWN Mr. TANCREDO, Mrs. JOHNSON of Con- fulfill moral and legal responsibilities of the of Florida, Ms. LEE, Mr. SANDERS, necticut, Mr. SHAYS, Mr. BILIRAKIS, United States by ensuring proper payment Mr. PAYNE, Mr. CAPUANO, Mrs. Mr. CANADY of Florida, Mr. DIAZ- and management of all federally held tribal MALONEY of New York, Ms. BALART, Mr. FOLEY, Mrs. FOWLER, trust fund accounts and individual Indian MILLENDER-MCDONALD, Ms. JACKSON- Mr. MCCOLLUM, Mr. MICA, Mr. MIL- money accounts; to the Committee on Re- LEE of Texas, Mr. MEEKS of New sources. LER of Florida, Mr. SCARBOROUGH, York, and Mrs. JONES of Ohio): By Ms. PELOSI (for herself, Mr. Mr. SHAW, Mr. BARR of Georgia, Mr. H.R. 3504. A bill to amend the Bank Hold- BISHOP, Mr. COLLINS, Mr. DEAL of GEJDENSON, Mr. PORTER, Mr. LANTOS, ing Company Act of 1956, the Revised Stat- Georgia, Mr. ISAKSON, Mr. KINGSTON, Mr. DEFAZIO, Ms. KILPATRICK, Mr. utes of the United States, the Community Mr. LINDER, Mr. NORWOOD, Mr. ABER- MEEHAN, Mr. OBERSTAR, Mr. HOLT, Reinvestment Act of 1977, and the Gramm- CROMBIE, Mrs. BIGGERT, Mr. CRANE, Mr. DELAHUNT, Ms. ESHOO, Ms. Leach-Bliley Act with regard to community Mr. HYDE, Mr. LAHOOD, Mr. MAN- SCHAKOWSKY, Mr. ENGEL, Ms. KAP- reinvestment, and for other purposes; to the ZULLO, Mr. PORTER, Mr. SHIMKUS, Mr. TUR, Mr. BOUCHER, Mr. STARK, Mr. Committee on Banking and Financial Serv- WELLER, Mr. BURTON of Indiana, Mr. MOAKLEY, Ms. STABENOW, Mr. ices. BUYER, Mr. HOSTETTLER, Mr. MALONEY of Connecticut, Mr. KIND, By Mr. WATKINS: MCINTOSH, Mr. SOUDER, Mr. LATHAM, Mr. FROST, Mr. HINCHEY, Mr. LA- H.R. 3505. A bill to amend the Internal Rev- Mr. LEACH, Mr. MOORE, Mr. MORAN of FALCE, Ms. WOOLSEY, Mr. UDALL of enue Code of 1986 to provide for a medical re- Kansas, Mr. TIAHRT, Mr. FLETCHER, Colorado, Ms. SLAUGHTER, Ms. WA- search tax credit; to the Committee on Ways Mr. LUCAS of Kentucky, Mrs. TERS, Mr. MCDERMOTT, Mr. PAYNE, and Means. NORTHUP, Mr. COOKSEY, Mr. Mr. BERMAN, Mr. CUMMINGS, Mr. By Mr. WELDON of Florida: MCCRERY, Mr. TAUZIN, Mr. BARTLETT MCGOVERN, Mr. SANDERS, and Mr. H.R. 3506. A bill to amend the Service Con- of Maryland, Mr. EHRLICH, Mrs. OLVER): tract Act of 1965 to provide for the responsi- H. Con. Res. 238. Concurrent resolution ex- MORELLA, Mr. CAMP, Mr. EHLERS, Mr. bility in certain cases of a parent corpora- pressing the sense of Congress regarding a HOEKSTRA, Mr. STUPAK, Mr. UPTON, tion of a Federal contractor to provide peaceful resolution of the conflict in the Mr. MINGE, Mr. PETERSON of Min- health care benefits to retired employees of state of Chiapas, Mexico, and for other pur- nesota, Mr. RAMSTAD, Mr. BLUNT, Ms. the contractor if the contractor fails to pro- poses; to the Committee on International DANNER, Mrs. EMERSON, Mr. HULSHOF, vide such benefits; to the Committee on Edu- Relations. Mr. ARMEY, Mr. SKELTON, Mr. TAL- cation and the Workforce. By Mr. FROST: ENT, Mr. PICKERING, Mr. TAYLOR of By Mr. WISE (for himself, Mr. RAHALL, H. Res. 391. A resolution designating mi- Mississippi, Mr. WICKER, Mr. BAR- and Mr. MOLLOHAN): nority membership on certain standing com- RETT of Nebraska, Mr. BEREUTER, Mr. H.R. 3507. A bill to establish a program of mittees of the House; considered and agreed TERRY, Mr. GIBBONS, Mr. SUNUNU, Mr. supplemental unemployment benefits for un- to. ANDREWS, Mr. SMITH of New Jersey, employed coal miners who have exhausted By Mr. WELLER: Mr. FRANKS of New Jersey, Mr. their rights to regular unemployment bene- H. Res. 392. A resolution expressing the SKEEN, Mrs. WILSON, Mr. BOEHLERT, fits, and whose separation from employment sense of the House of Representatives regard- Mr. FOSSELLA, Mr. GILMAN, Mr.

VerDate jul 14 2003 08:54 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\BR99\H18NO9.005 H18NO9 November 18, 1999 CONGRESSIONAL RECORD—HOUSE 30799 HOUGHTON, Mrs. KELLY, Mr. KING, Mr. MEMORIALS By Mr. BONIOR: LAZIO, Mr. MCHUGH, Mr. OWENS, Mr. H.R. 3509. A bill for the relief of Elizabeth QUINN, Mr. SWEENEY, Mr. BALLENGER, Under clause 3 of rule XII, memorials McKenney Padgett; to the Committee on the Mr. COBLE, Mr. HAYES, Mr. BURR of were presented and referred as follows: Judiciary. North Carolina, Mr. BOEHNER, Mr. 285. The SPEAKER presented a memorial By Mrs. LOWEY: CHABOT, Mr. GILLMOR, Mr. of the Senate of the State of Michigan, rel- H.R. 3510. A bill to authorize the Secretary LATOURETTE, Mr. NEY, Mr. OXLEY, ative to Senate Resolution No. 68 to memori- of Transportation to convey the National Mr. PORTMAN, Mr. TRAFICANT, Mr. alize the Congress of the United States to Defense Reserve Fleet vessel S.S. GUAM to COBURN, Mr. LARGENT, Mr. LUCAS of end tobacco subsidies and to redirect this American Trade Fair Ship, Inc.; to the Com- Oklahoma, Mr. WATTS of Oklahoma, support to food-processing agricultural ac- mittee on Armed Services. Mr. BLUMENAUER, Mr. WALDEN of Or- tivities; to the Committee on Agriculture. f egon, Mr. ENGLISH, Mr. FATTAH, Mr. 286. Also, a memorial of the Senate of the GEKAS, Mr. GOODLING, Mr. KAN- State of New Jersey, relative to Senate Res- ADDITIONAL SPONSORS JORSKI, Mr. PETERSON of Pennsyl- olution No. 113 memorializing the Congress Under clause 7 of rule XII, sponsors vania, Mr. PITTS, Mr. SHERWOOD, Mr. of the United States to oppose the proposed TOOMEY, Mr. WELDON of Pennsyl- transfer of the United States Navy ships and were added to public bills and resolu- vania, Mr. DEMINT, Mr. GRAHAM, Mr. sailors from the Earle Naval Weapons Sta- tions as follows: SANFORD, Mr. SPENCE, Mr. BRYANt, tion, located in Monmouth County, New Jer- H.R. 72: Mr. FOSSELLA and Mrs. MCCARTHY Mr. CLEMENT, Mr. DUNCAN, Mr. sey, to naval stations at Norfolk, Virginia of New York. HILLEARY, Mr. JENKINS, Mr. ARCHER, and Mayport, Florida and requests the post- H.R. 73: Mr. GOODLATTE. Mr. BONILLA, Mr. BRADY of Texas, ponement of any final transfer decision so H.R. 133: Mr. BLUMENAUER. Mr. COMBEST, Ms. GRANGER, Mr. SAM that the feasibility and practicality of the H.R. 148: Mr. MASCARA. JOHNSON of Texas, Mr. SANDLIN, Mr. transfer can be properly studied; to the Com- H.R. 205: Mr. WISE. SMITH of Texas, Mr. STENHOLM, Mr. mittee on Armed Services. H.R. 303: Mr. CRAMER. THORNBERRY, Mr. DELAY, Mr. COOK, 287. Also, a memorial of the Senate of the H.R. 332: Mr. STEARNS. Mr. HANSEN, Mr. BATEMAN, Mr. DAVIS State of New Jersey, relative to Senate Res- H.R. 353: Mr. SMITH of Texas. of Virginia, Mr. BOUCHER, Mr. GOOD- olution No. 97 memorializing the Congress of H.R. 355: Mr. WISE. LATTE, Mr. SISISKY, Mr. INSLEE, Mr. the United States and the President to pro- H.R. 357: Ms. STABENOW and Mr. BOSWELL. NETHERCUTT, Mr. SMITH of Wash- vide federal assistance to cover costs in- H.R. 372: Mr. ROTHMAN. ington, Mr. GREEN of Wisconsin, Mr. curred by the State in providing health care H.R. 380: Mrs. CLAYTON and Ms. MCCARTHY RYAN of Wisconsin, Mrs. CUBIN, Mr. at New Jersey hospitals to the Kosovo refu- of Missouri. GOSS, Mr. SAXTON, Mr. WATKINS, Mr. gees; to the Committee on Commerce. H.R. 407: Mr. HUNTER. PACKARD, Mr. EWING, Mr. PEASE, Mrs. 288. Also, a memorial of the House of Rep- H.R. 443: Mr. BECERRA, Ms. STABENOW, Mr. TAUSCHER, Mr. HALL of Ohio, Mr. resentatives of the Commonwealth of Massa- LAZIO, Mr. WEYGAND, Mr. KLINK, Ms. BERK- GANSKE, Mr. RILEY, Mr. MATSUI, Mr. chusetts, relative to a resolution memori- LEY, Mr. UDALL of New Mexico, Mr. THOMP- LOBIONDO, Mr. HOBSON, Mr. DICKEY, alizing the President and the Congress to act SON of California, Mr. INSLEE, Mr. PRICE of Mr. RYUN of Kansas, Mrs. CLAYTON, boldly to secure that East Timor trium- North Carolina, and Mr. GREENWOOD. Mr. BLILEY, Mr. CHAMBLISS, Mr. TAN- phantly transitions to independence by seek- H.R. 444: Mr. LATOURETTE and Mr. STUPAK. NER, Mr. SHOWS, Mr. FORD, Mr. ing the prompt ratification by the Indo- H.R. 475: Mrs. CHRISTENSEN, Mr. HANSEN, SCOTT, and Mr. CANNON): nesian National Assembly of the East and Mr. FROST. H. Res. 396. A resolution expressing the Timorese’s Referendum Vote, and for other H.R. 531: Mr. INSLEE. purposes; to the Committee on International H.R. 534: Mr. OXLEY, Mr. ALLEN, Mr. sense of the House of Representatives that a Relations. LAHOOD, and Mrs. WILSON. biennial budget process should be enacted in 289. Also, a memorial of the Senate of the H.R. 648: Mr. WISE. the second session of the 106th Congress; to State of New Jersey, relative to Senate Res- H.R. 670: Mr. MARKEY, Mr. COX, Mr. the Committee on the Budget. olution No. 63 memorializing the Congress of CRAMER, Mr. GEPHARDT, Mr. GUTIERREZ, Mrs. By Mr. GEJDENSON (for himself, Mr. the United States, the President of the MALONEY of New York, Mr. DIXON, Mr. BATEMAN, Ms. DELAURO, Mr. GOODE, United States, and the Secretary of the Inte- CONDIT, Mr. PETERSON of Minnesota, Mr. Mr. GOODLATTE, Mrs. JOHNSON of Con- rior to take whatever action is necessary to BILBRAY, Mr. HASTINGS of Florida, Mr. necticut, Mr. LARSON, Mr. MALONEY establish the Sandy Hook bay and peninsula, LATOURETTE, Mr. MINGE, Mr. GEJDENSON, Mr. of Connecticut, and Mr. SHAYS): as a National Park Service entity separate CALLAHAN, and Mr. BARR of Georgia. H. Res. 397. A resolution commending the and distinct from the Gateway National H.R. 701: Mr. HANSEN, Mr. GEORGE Miller of submarine force of the United States Navy Recreation Area for administrative and fund- California, Mr. SMITH of New Jersey, and Mr. on the 100th anniversary of the force; to the ing purposes; to the Committee on Re- SAXTON. Committee on Armed Services. sources. H.R. 721: Mr. EVERETT and Mr. BACHUS. By Mr. RADANOVICH (for himself and 290. Also, a memorial of the Senate of the H.R. 732: Mr. CAMP. Mr. BONIOR): State of New Jersey, relative to Senate Res- H.R. 742: Ms. LEE. olution No. 79 memorializing the Federal H.R. 762: Mr. HINOJOSA, Mrs. ROUKEMA, Mr. H. Res. 398. A resolution calling upon the Government to continue its financial sup- JOHN, Mr. THOMPSON of California, Mr. President to provide for appropriate training port for the Port Newark-Elizabeth dredging DICKEY, Mr. GEORGE MILLER of California, and materials to all Foreign Service officers, project; to the Committee on Transportation Mr. KANJORSKI, Mr. BAIRD, and Mr. EWING. United States Department of State officials, and Infrastructure. H.R. 797: Mr. BERRY. and any other executive branch employee in- 291. Also, a memorial of the Senate of the H.R. 815: Mr. FLETCHER. volved in responding to issues related to State of New Jersey, relative to Senate Res- H.R. 827: Mrs. CHRISTENSEN. human rights, ethnic cleansing, and geno- olution No. 1 memorializing the President H.R. 846: Mr. PRICE of North Carolina, Mr. cide, and for other purposes; to the Com- and the Congress of the United States, and OWENS, and Mr. WU. mittee on International Relations. the Federal Emergency Management Agency H.R. 847: Mr. MCGOVERN. By Mr. TANCREDO (for himself, Mr. to take all available steps to expeditiously H.R. 852: Mr. LUCAS of Kentucky, Mr. JOHN, COBURN, Mr. MCINTOSH, Mr. GRAHAM, provide relief to New Jersey’s flood victims and Mr. BARRETT of Nebraska. Mrs. CHENOWETH-HAGE, Mr. PITTS, and not to deduct State monies provided for H.R. 864: Mr. CANNON. Mr. MCINNIS, Mr. LARGENT, Mr. HOEK- flood relief from the calculation of federal H.R. 903: Ms. LEE. STRA, and Mr. DOOLITTLE): monies allocated to New Jersey for its recov- H.R. 904: Mr. SMITH of Washington. H. Res. 399. A resolution expressing the ery from the devastating effects of Hurricane H.R. 937: Mr. MILLER of Florida. sense of the House of Representatives with Floyd and its aftermath; to the Committee H.R. 941: Mrs. LOWEY. respect to violence within our schools and on Transportation and Infrastructure. H.R. 957: Mr. WALDEN of Oregon. the initiatives within States and localities f H.R. 982: Mrs. CUBIN. H.R. 997: Ms. DEGETTE and Ms. RIVERS. to address this epidemic; to the Committee PRIVATE BILLS AND H.R. 1044: Mr. BEREUTER. on Education and the Workforce. H.R. 1060: Mr. SANDERS. By Mr. UDALL of New Mexico: RESOLUTIONS H.R. 1071: Mrs. CHRISTENSEN and Mr. WISE. H. Res. 400. A resolution expressing the Under clause 3 of rule XII, private H.R. 1079: Mr. DICKS, Mr. BONIOR, and Mr. sense of the House of Representatives regard- bills and resolutions of the following CALVERT. ing Earth Day; to the Committee on Com- titles were introduced and severally re- H.R. 1095: Mr. TIERNEY. merce. ferred, as follows: H.R. 1102: Mr. MCINNIS.

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H.R. 1115: Ms. BALDWIN. H.R. 2534: Mr. MARTINEZ, Mr. BONIOR, and LAMPSON, Mr. RYAN of Wisconsin, Mr. H.R. 1129: Ms. STABENOW. Mr. SAWYER. MCCRERY, Mr. BEREUTER, and Mr. TALENT. H.R. 1142: Mr. WATKINS. H.R. 2539: Mr. BILBRAY, Mr. CUNNINGHAM, H.R. 2992: Mr. MCINTOSH, Mr. CUNNINGHAM, H.R. 1187: Mr. BILBRAY. Mr. DOOLITTLE, Mr. GALLEGLY, Mr. HUNTER Mr. SKEEN, Mr. LARGENT, Mr. HUNTER, and H.R. 1195: Mrs. LOWEY. Mr. KUYKENDALL, Mr. OSE, Mr. POMBO, Mr. Mr. DREIER. H.R. 1217: Mr. HOLDEN, Mr. RODRIGUEZ, Mr. THOMAS, Mr. HERGER, Mr. ROGAN, Mr. CAMP- H.R. 3003: Mr. BAIRD and Mr. HINCHEY. BAKER, and Mr. GALLEGLY. BELL, and Mr. LEWIS of California. H.R. 3008: Mr. BLUMENAUER, Mr. EVANS, Mr. H.R. 1228: Mrs. LOWEY and Mr. HORN. H.R. 2544: Mr. WAMP and Mr. LUCAS of RUSH, Mr. THOMPSON of Mississippi, Mr. CON- H.R. 1274: Mrs. MALONEY of New York. Oklahoma. YERS, Mr. FATTAH, and Mrs. CHRISTENSEN. H.R. 1276: Mr. DEAL of Georgia. H.R. 2551: Mr. RAHALL, Mr. GORDON, Mr. H.R. 3031: Mr. BLUMENAUER. H.R. 1291: Ms. WOOLSEY and Mr. GALLEGLY. WAMP, Mr. MASCARA, Mr. LANTOS, Mr. FORD, H.R. 3059: Mr. UDALL of Colorado. H.R. 1300: Ms. LEE and Mr. PACKARD. Ms. MCKINNEY, Mr. BORSKI, Mr. CLEMENT, H.R. 3071: Mrs. CHRISTENSEN. H.R. 1310: Mr. ENGEL and Mr. BURR of and Mr. BLAGOJEVICH. H.R. 3082: Mr. MANZULLO. North Carolina. H.R. 2554: Mrs. LOBIONDO, Mr. FRELING- H.R. 3083: Mr. CUMMINGS. H.R. 1311: Mr. BURR of North Carolina. HUYSEN, and Mrs. ROUKEMA. H.R. 3088: Mr. PETRI, Mr. SOUDER, and Mr. H.R. 1387: Mr. WISE. H.R. 2572: Mr. HOLDEN and Mr. DAVIS of NORWOOD. H.R. 1396: Mr. WYNN and Ms. CARSON. Florida. H.R. 3091: Mr. RUSH, Mr. STUPAK, Mr. H.R. 1413: Mr. WISE. H.R. 2576: Mrs. MYRICK. ETHERIDGE, Ms. STABENOW, Mrs. THURMAN, H.R. 1422: Mr. MURTHA, Mr. DOYLE, Mr. H.R. 2620: Mr. PALLONE. Ms. BALDWIN, Mr. BARRETT of Wisconsin, Mr. DEUTSCH, Mr. JEFFERSON, Mr. KUYKENDALL, H.R. 2631: Mr. GEORGE MILLER of Cali- JEFFERSON, Mr. INSLEE, Ms. MILLENDER- Mr. DIAZ-BALART, and Mr. HOLT. fornia. MCDONALD, Mrs. CLAYTON, Mr. BLAGOJEVICH, H.R. 1445: Mr. TIERNEY. H.R. 2635: Mr. BURR of North Carolina, Mr. Mr. CLYBURN, Mr. HOYER, Mr. BOEHLERT, Mr. H.R. 1452: Mrs. JONES of Ohio and Mr. DEUTSCH, Mr. STEARNS, Ms. ESHOO, and Mrs. UDALL of Colorado, Mr. MALONEY of Con- KUCINICH. FOWLER. necticut, Mr. WELDON of Pennsylvania, Mr. H.R. 2698: Mr. SHAYS. H.R. 1472: Mr. PASCRELL. SHERMAN, Mr. THOMPSON of Mississippi, Mr. H.R. 2707: Mr. FORBES. H.R. 1494: Mr. PACKARD. DINGELL, Mr. WATT of North Carolina, Mrs. H.R. 2718: Mr. RUSH, Mr. EHRLICH, and Mr. H.R. 1495: Ms. EDDIE BERNICE JOHNSON of TAUSCHER, and Mr. LIPINSKI. Texas. HALL of Texas. H.R. 3100: Mr. MORAN of Virginia. H.R. 2720: Mr. SMITH of Washington, Mr. H.R. 1545: Ms. STABENOW. H.R. 3107: Ms. PELOSI and Mr. FRANK of SMITH of New Jersey, Mr. PETRI, Mr. COL- H.R. 1591: Mr. GONZALEZ. Massachusetts. LINS, Mr. COBLE, Mr. MOAKLEY, and Mr. H.R. 1592: Mr. MCCOLLUM. H.R. 3115: Mr. BEREUTER and Mr. MCCRERY. SWEENEY. H.R. 1593: Mr. MANZULLO. H.R. 3116: Mr. ENGLISH and Mr. MALONEY of H.R. 2722: Ms. BERKLEY, Mr. SABO, Mr. H.R. 1625: Mr. ROMERO-BARCELO and Mr. Connecticut. MATSUI, Mr. OBERSTAR, and Mr. RODRIGUEZ. H.R. 3140: Mr. OLVER, Mr. LUCAS of Okla- SHERMAN. H.R. 2726: Mr. ORTIZ and Mr. GOODLATTE. homa, Mr. SHAYS, Mr. RUSH, Mr. PETERSON of H.R. 1649: Mr. COOK. H.R. 2733: Mr. FORST, Mr. BLUMENAUER, Mr. Minnesota, Mr. BAIRD, and Mr. GOOLDING. H.R. 1686: Mr. COLLINS and Mr. DELAY. DEFAZIO, and Mr. WALDEN of Oregon. H.R. 3144: Mr. SPRATT, Mr. SANDLIN, Mr. H.R. 1708: Mr. PAUL. H.R. 2763: Mr. PASCRELL. RUSH, and Mr. BERRY. H.R. 1731: Mr. CALVERT. H.R. 2764: Mr. MARTINEZ and Mr. THOMPSON H.R. 3148: Mr. EVANS. H.R. 1748: Mrs. MCCARTHY of New York. of Mississippi. H.R. 3150: Mrs. MORELLA. H.R. 1775: Mrs. THURMAN. H.R. 2798: Mr. ROGAN. H.R. 3160: Mr. HAYWORTH. H.R. 1776: Mr. RYUN of Kansas. H.R. 2802: Mr. BONIOR. H.R. 3173: Mr. TALENT, Mr. BERRY, and Mr. H.R. 1816: Mr. GUTIERREZ. H.R. 2829: Mr. WISE, Mr. MINGE, and Mr. RILEY. H.R. 1824: Mr. HOEKSTRA and Mr. BOEHNER. HINCHEY. H.R. 3180: Mr. DEAL of Georgia. H.R. 1850: Mr. CHABOT. H.R. 2830: Mr. BOSWELL, Mr. LEWIS of Geor- H.R. 3192: Mr. SANDLIN. H.R. 1885: Ms. LEE. gia, Mr. THOMPSON of Mississippi, Mr. MINGE, H.R. 3193: Mr. KLINK, Mr. DEFAZIO, Mr. H.R. 1926: Mr. WISE. and Mr. HINCHEY. PASTOR, Mr. PETERSON of Minnesota, Mr. H.R. 1939: Mr. BAIRD. H.R. 2870: Ms. SCHAKOWSKY, Mr. MARKEY, COMBEST, and Mrs. KELLY. H.R. 1943: Mr. PETERSON of Minnesota. and Mr. FOSSELLA. H.R. 3201: Mr. MORAN of Kansas. H.R. 1967: Mr. STICKLAND. H.R. 2900: Mr. BERMAN and Mr. FILNER. H.R. 3212: Mr. DEAL of Georgia. H.R. 1990: Mr. MORAN of Kansas and Mr. H.R. 2901: Mr. ADERHOLT. H.R. 3213: Mrs. MYRICK. HOLDEN. H.R. 2902: Mr. VISCLOSKY, Mr. FORBES, Mr. H.R. 3218: Mr. GILCHREST, Mrs. MYRICK, AND H.R. 1997: Mr. DIXON. RUSH, Mr. SAWYER, Mr. JACKSON of Illinois, MR. BURR of North Carolina. H.R. 2000: Mr. JOHN. Mr. DELAHUNT, Mrs. MEEK of Florida, Ms. H.R. 3222: Mrs. NORTHUP. H.R. 2004: Mr. WALSH. BROWN of Florida, Mr. MASCARA, Mr. H.R. 3224: Ms. SLAUGHTER. H.R. 2053: Mr. DIXON and Ms. MILLENDER- PALLONE, Mr. KLINK, Mr. DAVIS of Illinois, H.R. 3232: Mr. ABERCROMBIE. MCDONALD. and Mr. TRAFICANT. H.R. 3233: Mrs. MINK of Hawaii. H.R. 2057: Mrs. MYRICK. H.R. 2906: Mr. GOODLING and Mr. CANADY of H.R. 3235: Mr. STUPAK and Mrs. MINK of Ha- H.R. 2066: Mr. BEREUTER. Florida. waii. H.R. 2106: Mr. LEWIS of Georgia. H.R. 2928: Mr. ROHRABACHER, Mr. ISTOOK, H.R. 3240: Mr. OBERSTAR and Mr. MILLER of H.R. 2120: Ms. ROYBAL-ALLARD and Mrs. Mr. HOEKSTRA, and Mr. COBURN. Florida. JONES of Ohio. H.R. 2933: Ms. SCHAKOWSKY, Mr. MARTINEZ, H.R. 3242: Ms. DUNN, Mr. ISAKSON, Mr. SAN- H.R. 2121: Mr. LEWIS of Georgia. Mr. SAWYER, and Mr. UDALL of New Mexico. FORD, Mr. HILLIARD, Mr. BOSWELL, and Mrs. H.R. 2137: Mr. MCCOLLUM. H.R. 2934: Mr. MARTINEZ, Mr. SAWYER, and KELLY. H.R. 2221: Mr. WAMP. Mr. UDALL of New Mexico. H.R. 3248: Mrs. MYRICK and Mr. SHADEGG. H.R. 2233: Mr. LEWIS of Georgia. H.R. 2945: Mrs. CUBIN, Mr. BILBRAY, Mr. H.R. 3252: Mrs. MYRICK. H.R. 2244: Mr. LUCAS of Oklahoma. KUYKENDALL, Mr. GIBBONS, Mr. BURR of H.R. 3262: Mr. ISAKSON. H.R. 2259: Mrs. MORELLA. North Carolina, Mr. LAHOOD, Mr. OBERSTAR, H.R. 3270: Mrs. JOHNSON of Connecticut, H.R. 2282: Mr. BLUMENAUER, Mr. DEFAZIO, Mr. TOWNS, Mrs. MINK of Hawaii, Mr. RA- Mrs. FOWLER, Mrs. MYRICK, and Mr. FOLEY. and Mr. WALDEN of Oregon. HALL, Mr. GEORGE MILLER of California, Ms. H.R. 3275: Mr. CONYERS, Ms. SLAUGHTER, H.R. 2340: Mr. LEWIS of Georgia, Mr. KAPTUR, Mr. LAMPSON, Mr. DIXON, Ms. RIV- Mr. KUCINICH, Ms. MILLENDER-MCDONALD, ISAKSON, Mr. ETHERIDGE, Mr. CANADY of Flor- ERS, Mr. FRANK of Massachusetts, Mrs. Mr. BARRETT of Wisconsin, Mr. CAPUANO, Mr. ida, Mr. KENNEDY of Rhode Island, Ms. CAPPS, Ms. JACKSON-LEE of Texas, Mr. HOEFFEL, Mr. LARSON, Mr. UDALL of Colo- MCKINNEY, and Mr. WATKINS. BLUMENAUER, Mr. FILNER, Mr. JENKINS, and rado, Mr. WU, Mr. FORBES, and Mrs. MCCAR- H.R. 2372: Mr. TAYLOR of North Carolina, Ms. WOOLSEY. THY of New York. Mr. SWEENEY, Mrs. MYRICK, Mr. FORD, and H.R. 2953: Mr. SWEENEY. H.R. 3293: Mr. BROWN of Ohio, Mr. ENGLISH, Mr. DUNCAN. H.R. 2866: Mr. BALDACCI, Ms. BROWN of Mr. CONYERS, Mr. SCARBOROUGH, Mr. H.R. 2420: Mr. COLLINS, Mr. SHERWOOD, Mrs. Florida, Mr. GALLEGLY, Mr. GEPHARDT, Mr. KUCINICH, Mr. LATHAM, and Mr. SMITH of MALONEY of New York, Mr. CONDIT, Mr. GONZALEZ, Mr. JOHN, Mrs. JONES of Ohio, Mr. Texas. BASS, Mr. ABERCROMBIE, and Mr. ORTIZ. KUYKENDALL, Mr. LAHOOD, Ms. LEE, Mr. H.R. 3301: Mrs. CAPPS. H.R. 2494: Mr. HERGER. METCALF, Mr. TANCREDO, Mr. TRAFICANT, Mr. H.R. 3308: Ms. MCCARTHY of Missouri, Mr. H.R. 2505: Mr. FRANK of Massachusetts. UDALL of Colorado, and Mr. COYNE. SAXTON, Mr. BOEHNER, Mr. LARGENT, Mr. LA- H.R. 2511: Mr. HASTINGS of Washington, Mr. H.R. 2985: Mr. OSE. FALCE, Mr. HASTINGS of Washington, Ms. LOBIONDO, Mr. PACKARD, and Mr. WALDEN of H.R. 2991: Mr. POMBO, Mr. TAYLOR of North SLAUGHTER, Mr. BLAGOJEVICH, Mr. EHRLICH, Oregon. Carolina, Ms. GRANGER, Mrs. MYRICK, Mr. and Mr. MCKEON.

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H.R. 3311: Mr. MCINTOSH. H. Con. Res. 218: Mr. PALLONE, Ms. RIVERS, 70. The SPEAKER presented a petition of H.R. 3319: Mr. BENTSEN. Mr. GOODLATTE, Mr. COYNE, and Mr. RUSH. the Town Board of Southampton, relative to H.R. 3320: Mr. SCOTT, Mr. GEPHARDT, Mr. H. Con. Res. 225: Mr. PRICE of North Caro- Resolution No. 1199 petitioning the Federal TAYLOR of Mississippi, Mr. HASTINGS of Flor- lina and Mr. MCGOVERN. Government to permit the Suffolk County ida, Mr. MURTHA, Ms. NORTON, Mr. BERMAN, H. Con. Res. 228: Mrs. FOWLER, Mr. SNYDER, Department of Health to have access to and and Mr. LIPINSKI. and Mr. ORTIZ. participate in monitoring health related ac- H.R. 3330: Mr. PALLONE. H. Con. Res. 231: Mr. DUNCAN, Mr. NEY, Mr. tivity at the Plum Island Disease Center; to H.R. 3331: Mr. GILCHREST. WAMP, and Mr. DOOLITTLE. the Committee on Agriculture. H.R. 3367: Mr. HERGER. H. Res. 37: Mr. GREEN of Texas and Ms. 71. Also, a petition of the Southern Gov- H.R. 3371: Mr. HERGER. SCHAKOWSKY. ernors’ Association, relative to a resolution H.R. 3375: Mr. SWEENEY, Mr. HOLT, Mr. H. Res. 107: Mr. SABO. petitioning support for funding efforts for HOUGHTON, Mr. WALSH, Mr. WEINER, Mr. H. Res. 144: Ms. ROYBAL-ALLARD and Mr. the National Guard Youth Challenge Pro- MCHUGH, Mr. HOLDEN, Mr. HOYER, and Mr. TURNER. gram; to the Committee on Armed Services. NADLER. H. Res. 238: Mr. BLUMENAUER, Mr. DEFAZIO, H.R. 3377: Ms. RIVERS and Mrs. MALONEY of and Mr. WALDEN of Oregon. 72. Also, a petition of the Southern Gov- New York. H. Res. 309: Mr. THOMPSON of Mississippi. ernors’ Association, relative to a resolution H.R. 3379: Mr. BRYANT. H. Res. 346: Ms. WATERS, Mr. SHOWS, Mr. petitioning support for the reauthorization H.R. 3387: Mr. ANDREWS, Mr. BOUCHER, Mrs. COBURN, Mr. MEEKS of New York, Mr. PAYNE, of the Older Americans Act; to the Com- CAPPS, Mr. DEUTSCH, Mrs. EMERSON, Mr. Mr. DEAL of Georgia, Mr. OWENS, Ms. mittee on Education and the Workforce. KILPARTICK, Ms. STABENOW, Ms. MCKINNEY, HASTINGS of Florida, Mr. HILLIARD, Mr. 73. Also, a petition of the Southern Gov- Mr. FROST, Mr. LAMPSON, Mr. LUCAS of Ken- HOEFFEL, Mr. HOUGHTON, Mr. LARSON, Ms. ernors’ Association, relative to a resolution tucky, Mr. WATT of North Carolina, Mrs. LEE, Mr. MENENDEZ, Mr. MORAN of Virginia, petitioning the reauthorization of the En- MINK OF Hawaii, Mr. SMITH of Texas, and Mr. Ms. PELOSI, Mr. ROTHMAN, Mr. SAWYER, and dangered Species Act; to the Committee on THOMPSON of Mississippi. Mr. WATT of North Carolina. Resources. H.R. 3397: Mr. STUPAK. H. Res. 347: Mr. ENGLISH. H.R. 3405: Mrs. LOWEY, Mr. WEXLER, Mr. H. Res. 357: Mr. DAVIS of Florida, Mr. 74. Also, a petition of the Southern Gov- CAPUANO, Mr. FORBES, Mr. MENENDEZ, Mr. DELAHUNT, Mrs. CLAYTON, and Mr. BERMAN. ernors’ Association, relative to a resolution BILBRAY, Mr. MALONEY of Connecticut, and H. Res. 369: Mr. RUSH. petitioning support for Outer Continental H. Res. 289: Mr. DELAHUNT, and Mr. Mrs. MEEK of Florida. Shelf Coastal Impact Assistance; to the Com- H.R. 3408: Mr. HALL of Ohio, Mr. NEY, and KUCINICH. mittee on Resources. Mr. MCCOLLUM. f 75. Also, a petition of the Southern Gov- H.R. 3410: Ms. GRANGER. DELETIONS OF SPONSORS FROM ernors’ Association, relative to a resolution H.R. 3439: Mr. FOSSELLA. PUBLIC BILLS AND RESOLUTIONS petitioning support for the reauthorization H.J. Res. 53: Mr. GOODLATTE. of the Airport Improvement Program; to the H.J. Res. 55: Mr. GALLEGLY. Under clause 7 of rule XII, sponsors Committee on Transportation and Infra- H.J. Res. 77: Mr. GRAHAM, Mr. METCALF, were deleted from public bills and reso- structure. Mr. SALMON, Mr. YOUNG of Alaska, Mr. lutions as follows: 76. Also, a petition of the Southern Gov- NETHERCUTT, Mr. CRANE, Ms. DANNER, and H.R. 329: Mr. FROST. ernors’ Association, relative to a resolution Mr. HUNTER. H.R. 1598: Mr. COOK. petitioning for the passage of ‘‘Fast-Track’’ H. Con. Res. 23: Mr. CALVERT. H.R. 2420: Mr. BOEHLERT. authority for the President to Negotiate H. Con. Res. 67: Mr. LUTHER and Mr. OLVER. H.R. 2699: Mr. CHAMBLISS. International Trade Agreements; to the H. Con. Res. 79: Mr. RANGEL. H.R. 3308: Mr. PHELPS. Committee on Ways and Means. H. Con. Res. 115: Mrs. CHRISTENSEN. H. Con. Res. 173: Mrs. TAUSCHER. H. Con. Res. 123: Mrs. THURMAN, Mr. BAR- 77. Also, a petition of the Village of East RETT of Wisconsin, Mr. DAVIS of Illinois, and f Hazel Crest, relative to Resolution 99–4 peti- Mrs. JOHNSON of Connecticut. PETITIONS, ETC. tioning Congressional Representatives to H. Con. Res. 177: Mr. LANTOS and Mr. support the Firefighter Investment and Re- THOMPSON of Mississippi. Under clause 3 of rule XII, petitions sponse Enhancement Act; jointly to the H. Con. Res. 186: Mr. DUNCAN, Mr. EVERETT, and papers were laid on the clerk’s Committees on Science and Transportation and Mr. METCALF. desk and referred as follows: and Infrastructure.

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IN SUPPORT OF H.R. 2420 committees. She also served two three-year tain veterans through 2003; establishing terms on the National Association of Realtors means to enhance revenues for the VA; lifting HON. RICHARD H. BAKER Board of Directors. the six-month limit on VA adult day health OF LOUISIANA In Denton, Barbara has earned many hon- care; authorizing the VA to enhance mental IN THE HOUSE OF REPRESENTATIVES ors, including the Greater Denton/Wise County health care services; and establishing a pilot Association of Realtors President’s Award, program to make contract arrangements for Wednesday, November 17, 1999 Women’s Council of Realtors Gold Rule Mr. BAKER. Mr. Speaker, we need to make Award, Realtor of the Year and Associate of assisted living services. sure that America’s schools, libraries, and the Year. In addition, she is active in various Although the calendar year indicates that we rural clinics are allowed to capitalize on the civic and charitable organizations, including honor these men and women on Memorial newest computer and data communications serving as former chairman of the board of the Day and Veterans Day, I believe that we technology. Denton Chamber of Commerce and serving should pause everyday to thank them for their In 1996, Congress and the Clinton Adminis- four years on the Denton Planning and Zoning sacrifice. The collective experience of our 25 tration joined together to establish a program Commission. million living veterans encompasses the turbu- to extend the Internet to all our schools. That Barbara has nearly 30 years of experience lence and progress America has experienced effort is underway—at a cost of about $2.45 in the real estate business, and this recent billion a year, incidentally. But in this field, just award is a testament to her professional ac- throughout the twentieth century. This nation’s like everywhere else, it is the weakest link in complishments and her hard work. She is veterans have written much of the history of the chain that matters. And, the ‘‘weak link’’ married to Benny Russell, and they have two the last hundred years. They have served this here is the data communications network—or, daughters and four grandchildren. nation without reservation or hesitation during more accurately, the lack of such a network. And Mr. Speaker, I would be remiss if I also its darker moments. Mr. Speaker, instead of trying to expand did not pay tribute to the late Mary Claude Their unwavering devotion to duty and Gay, a prominent realtor in Denton and asso- these networks by harnessing the power of country has brought this nation through two competition, economic freedom, and individual ciate of Barbara’s. Mary Claude’s contributions World Wars and numerous costly struggles choice, the Federal Communications Commis- to her profession also have been significant, sion (FCC) seems to be relying on yesterday’s and she, too, was very influential in Denton’s against aggression. From World War I to the tools—heavy handed and restrictive regula- community life. Gulf War, America’s veterans have been lead- tion. Mr. Speaker, I am pleased to recognize Bar- ing this nation against those who have threat- That’s not my estimate, it’s the considered bara Russell and Mary Claude Gay for their ened the values and interests of our nation. judgment of two of this country’s experts— accomplishments in their profession and for Only today are the accomplishments and Congressman JOHN DINGELL and his col- their contributions to their community. The sacrifices of our veterans being fully appre- Texas Association of Realtors could not have league, the Chairman of the House Tele- ciated by historians and the public. These communications Subcommittee, Congressman selected a more giving and devoted Realtor of genuine heroes have often been ignored and TAUZIN. the Year. Barbara Russell is a class act and Their appraisal of the situation is that we is the epitomy of the type of leadership and denied their proper place in America’s melting need to modernize and reform FCC regula- professionalism that bring respect and admira- pot. We need to remember that America owes tion—because, otherwise, the data links which tion for her profession. these men and women the best it can offer this country needs, are just not going to be As we adjourn today, and as we leave the because they have given us the best they available. That is the philosophy reflected in floor of the House of Representatives for the could when America was in need. their bill, H.R. 2420. And, it is a pro-growth, last time this century, let us do so in respect Mr. Speaker, I am fortunate to have The pro-progress view which I want to embrace. and appreciation for the ‘‘Texas Realtor of the Houston Department of Veterans Affairs Med- Mr. Speaker, if we can accomplish reform in Year’’—Barbara Russell. ical Center located in my congressional dis- this field, all of the experts are predicting that f there can be a rapid expansion of our commu- trict. Having just celebrated fifty years of serv- nications networks. That expansion, in turn, CONFERENCE REPORT ON H.R. 2116, ice to the veterans in the Houston community. will help connect our schools, libraries, and VETERANS MILLENNIUM HEALTH Some 1,646,700 veterans live in the State of clinics faster. And that will yield substantial CARE AND BENEFITS ACT Texas alone. The House VA Medical Center public policy dividends. expects to receive and serve over 50,000 vet- SPEECH OF f erans in this year alone. I expect this measure HON. SHEILA JACKSON-LEE to improve the quality of life for all our vet- IN RECOGNITION OF THE TEXAS OF TEXAS REALTOR OF THE YEAR erans who so proudly served our nation. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker this bill is important not only HON. RALPH M. HALL Tuesday, November 16, 1999 because it provides for the needs of our vet- OF TEXAS Ms. JACKSON-LEE of Texas. Mr. Speaker, erans today but because it sends an important IN THE HOUSE OF REPRESENTATIVES I rise in support of H.R. 2116. This bill makes signal to the men and women serving our na- a number of important changes to veteran’s Wednesday, November 17, 1999 tion in places like Bosnia, Kosovo, Germany, health care programs. Korea, Japan and other far off places around Mr. HALL of Texas. Mr. Speaker, I rise H.R. 2116—Veterans Millennium Health the world. That message is simple, that when today to offer my congratulations to Barbara Care Act makes comprehensive reforms to im- Russell of Denton, Texas, who this year was prove access to, as well as the timeliness and you serve our nation we will answer the plea named the 1998 Realtor of the Year by the quality of the Veterans Administration health of President Lincoln ‘‘to care for him who shall Texas Association of Realtors. care system. Reforms to improve veterans’ ac- have borne the battle.’’ Barbara has served on the Texas Associa- cess to care include requiring the VA to in- I urge my colleague to vote ‘‘yes’’ on H.R. tion of Realtors Board of Directors and is a crease home and community based options 2116 and care for the men and women who former regional vice president and chairman of for veterans needing extended care; requiring have borne the battle. the legislative and economic development the VA to provide nursing home care to cer-

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

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30803 TRIBUTE TO JOHN DORREN- we accept it or not. Daisy Bates’ life, along ter of Sokol Greater Cleveland for building this BACHER—A GREAT AMERICAN with the life of other Civil Rights Movement new athletic facility for the benefit of the heroes, showcases how overcoming racism in Cleveland community. HON. SCOTT McINNIS this country has become one of the greatest f adventures of all time. But, it is an adventure OF COLORADO EXPRESSING GRAVE CONCERN RE- IN THE HOUSE OF REPRESENTATIVES that must be overcome. Today as I lift up Daisy Bates, I acknowl- GARDING ARMED CONFLICT IN Wednesday, November 17, 1999 edge that there is new knowledge to be NORTH CAUCASUS REGION OF RUSSIAN FEDERATION Mr. MCINNIS. Mr. Speaker, it is with great gained, new rights to be won for the progress of not just African Americans, but all Ameri- sadness that I wish to take this moment to SPEECH OF recognize the remarkable life and significant cans. Whether this country likes it or not, there achievements of a leading civic servant, John will come a day when the position of pre- HON. SHEILA JACKSON-LEE Dorrenbacher. Tragically, John died in his eminence for the United States will not rest on OF TEXAS home Monday, November 8, 1999. While fam- the human rights it has obtained for others IN THE HOUSE OF REPRESENTATIVES ily, friends and colleagues remember the truly across the world, but the rights and dignity Tuesday, November 16, 1999 exceptional life of John, I, too, would like to she has bestowed upon her own citizens. Ms. JACKSON-LEE of Texas. Mr. Speaker, pay tribute to this remarkable man. Our forefathers made certain that this coun- I rise in support of H. Con. Res. 206. This res- For the last 18 years, John ran the com- try would ride the first waves of the industrial olution expresses the sense of the Congress puters and books for the Colorado Republican revolution, the first waves of modern invention, urging all parties involved in the conflict, to Party. In his time at the party, he was a pio- the first waves of nuclear power, and the first cease the indiscriminate use of force against neer of the mailing list. In the earliest days of waves of equality under the law. Unfortu- civilian population in Chechnya. In addition computers, he mastered integrating informa- nately, we have not yet ridden the wave for this measure calls on all sides in this conflict tion to create better mailing lists. With this ad- equal justice and must struggle to once again to enter into a constructive dialogue under the vancement, those who John served were able be a part of it and lead it. The eyes of the auspicious of the Organization for Security to do targeted mailings, therefore better con- world now look unto us for the banner of free- and Cooperation in Europe. This group was tacting constituents and ultimately, better serv- dom and peace. successful in brokering a settlement to end the ing the people. There may not be a Colorado So, today, as I honor my mentor for her 1994–1996 war. Republican in legislative or statewide office work and undying courage, I challenge my brothers and sisters across the world to begin Yes, Mr. Speaker, this region as once be- today who wasn’t helped by a mailing list gen- fore experienced the horrors of war. As the erated by John. Amazingly, John managed to establishing their lives, like Daisy Bates as in- struments of knowledge and understanding. 1994–1996 Russo-Chechen war resulted in serve five very different Republican chairman. the massive use of force against civilians, f In addition, he once served as Boulder County causing immense human casualties, human GOP chairman. IN HONOR OF THE SOKOL GREAT- rights violations, large-scale displacement of Although his professional accomplishments ER CLEVELAND’S NEW ATHLETIC individuals, and the destruction of property. In will long be remembered and admired, most FACILITY recent months this conflict has been renewed who knew him well will remember John as forces in Chechnya have mounted armed Dorrenbacher, above all else, as someone HON. DENNIS J. KUCINICH incursions into the Russian Federation of who loved his country and had a deep faith in OF OHIO Dagestan and have committed bombing in our democracy. It is clear that the multitude of IN THE HOUSE OF REPRESENTATIVES Moscow. those who, like me, have come to know John Wednesday, November 17, 1999 Mr. Speaker, this Congress must insist that as a friend will be worse off in his absence. all parties in this conflict resolve this situation However, Mr. Speaker, I am confident that, in Mr. KUCINICH. Mr. Speaker, I rise today to peacefully, with complete respect to the spite of this profound loss, the family and announce the grand opening of the Czech human rights of all the citizens of the Russian friends of John Dorrenbacher can take solace Cultural Center of Sokol Greater Cleveland’s Federation. We must also insist that all parties in the knowledge that each is a better person new athletic, a state-of-the-art expansion to commit themselves to allowing humanitarian for having known him. the historic Bohemian National Hall. assistance to the victims caught in the middle After considerable planning and construc- f of this conflict. tion, the new facility opening this month will TRIBUTE TO MRS. DAISY BATES I urge my colleagues to lend their support provide a variety of health, fitness, leisure, and and the considerable weight of this body on all cultural activities to everyone in the commu- sides involved in this conflict. HON. EARL F. HILLIARD nity. In the tradition of the American Sokol Or- f OF ALABAMA ganization, the Czech Cultural Center of Sokol IN THE HOUSE OF REPRESENTATIVES Greater Cleveland’s new athletic facility will HONORING DON SCOGGINS provide Cleveland citizens with the opportunity Wednesday, November 17, 1999 to strengthen both their physical and mental HON. RALPH M. HALL Mr. HILLIARD. Mr. Speaker, today I rise to character allowing them to enhance their cele- OF TEXAS with a great sense of twoness—one as an Af- bration of life and vitality. With membership IN THE HOUSE OF REPRESENTATIVES rican American and another as an American to open to the community, this new facility is Wednesday, November 17, 1999 honor death of my mentor and friend, Mrs. sure to provide Cleveland citizens with an op- Daisy Bates. Her death last Friday comes pre- portunity to cultivate a harmonious and total Mr. HALL of Texas. Mr. Speaker, it is a maturely as we honor Congressional Gold person. privilege to rise today in recognition of Don W. Medals to the men and women, known as the The Czech Cultural Center of Sokol Greater Scoggins, president of the Texas Eastman Di- Little Rock Nine, that she shepherded into Cleveland’s new athletic facility promises to be vision of Eastman Chemical Company in Central High School against the will of a racist a popular place for fitness enthusiasts who will Longview, Texas, who is retiring this year after Governor and white neighbors. She worked for enjoy the volleyball, gymnasium, cardio-condi- 37 years of service at Texas Eastman. many years in the NAACP and with the Demo- tioning area and strength training center. Addi- Mr. Scoggins joined Texas Eastman in 1962 cratic National Committee to educate and reg- tionally, the facility will serve as a center for as a Mechanical Engineer in the Plastics Lab- ister voters. In 1987, the City of Little Rock community development where both young oratory. He has served as a supervisor, assist- paid tribute to her work by naming an elemen- and older generations can display their abili- ant supervisor, assistant to the general super- tary school in her honor. Her life is a celebra- ties and knowledge in dance and gymnastic intendent, senior mechanical engineer, and tion of progress and shows us how man in his performances. In short, the health and quality assistant superintendent of various divisions at quest for justice, is determined and cannot be of life for everyone in Cleveland will improve Texas Eastman. He also served Eastman deterred. Her sacrifices to tear down the walls greatly with the opening of this new facility. Chemical in Kingsport, Tennessee, in a variety of prejudice and injustice through education My fellow colleagues, please join me in rec- of capacities before returning to Texas East- and voter registration will go ahead, whether ognizing dedication of the Czech Cultural Cen- man as director of Administration. He was

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30804 EXTENSIONS OF REMARKS November 18, 1999 named manager of Operations in 1989, be- rity benefits. Now that 6 years have passed who survived, were part of an American force came a vice president in 1990 and was and the deficit has been transformed into a that advanced Democracy and forever named president in 1998. surplus, it is more important than ever that we changed the world. They went because their Mr. Scoggins received a bachelor’s degree abolish this unnecessary tax on seniors. So, country called. They sacrificed because their in mechanical engineering from the University again, I am joining with Representative NITA way of life was threatened. They rose to in- of Texas and is a Registered Professional En- LOWEY to abolish this unfair tax on social se- credible heights of courage because their faith gineer in Texas. He serves on the Texas curity benefits. I urge my colleagues to sup- and resolve mandated no less. Chemical Council’s Board of Directors and on port this bill and work toward its swift passage. My friend and fellow-Mississippian, Sid the Board of Trustees at Good Shepherd Med- Mr. Speaker, if we are unable to implement Spiro, was on the S.S. Leopoldville. Mr. Spiro, ical Center. this bill quickly, then the very least we should after the direct torpedo hit, lowered himself in Texas Eastman’s influence on economic de- do is adjust the 1993 income threshold to take the freezing water by a rope. And for three velopment and community causes in Longview into account the rise in the cost of living. That hours he floated and waited for help. The has been enormous, and the employees and is why I am also announcing the introduction water was freezing and he nearly died. He administrators at Texas Eastman—like Don of another tax relief bill for our seniors, which was 19 years old then. Today, he and other Scoggins—have played a significant role in should be implemented immediately. Again, I survivors often gather to remember and com- those accomplishments. Mr. Speaker, I am am proud to work with Representative NITA memorate their fellow Americans who died. I pleased to recognize Don Scoggins for his LOWEY to advance this effort. am in awe of these men. And I want Sid and contributions to Texas Eastman Division and This bill would ensure that we do not inad- all of them to know of my admiration and re- to his community—and to wish him well in his vertently tax more and more seniors with rel- spect. retirement. atively less income every year. Under current These young men, forever part of our na- I am especially privileged in that Don’s law, the income levels that were set in 1993 tional memory, must be honored. We must mother and father live in my hometown of were not adjusted for cost of living increases. never forget. I salute the survivors of the S.S. Rockwall. They are, like Don, strong and loved As a result, more and more people are having Leopoldville and I honor the memory of those members of the First United Methodist their social security benefits taxes. This is un- who gave their lives. Church. They teach, direct, entertain, and lead fair and unnecessary. So, this second bill f us in both the Sunday School class and in the would require the 1993 level to be adjusted on INTRODUCTION OF EXPEDITED overall direction of our religious activities. an annual basis to take account for the rise in RESCISSION LEGISLATION As we adjourn today—the last day of this the cost of living. I am hopeful that we can century that the United States House of Rep- build strong bipartisan support for this legisla- HON. CHARLES W. STENHOLM resentatives is in session—let us adjourn on tion and work together to ease the tax burden OF TEXAS this signal day in respect and admiration for on our Nation’s seniors. I urge all of my col- IN THE HOUSE OF REPRESENTATIVES Don Scoggins. leagues to support these two tax cut meas- Wednesday, November 17, 1999 f ures. f Mr. STENHOLM. Mr. Speaker, I am intro- INTRODUCTION OF TWO BILLS TO ducing legislation today that will give the REDUCE TAXES ON SOCIAL SE- THE TRAGEDY OF THE S.S. President an important tool to control spending CURITY BENEFITS ‘‘LEOPOLDVILLE’’ by identifying low priority and wasteful spend- ing that can be eliminated. The legislation I HON. JERROLD NADLER HON. RONNIE SHOWS am introducing today, known as modified line OF NEW YORK OF MISSISSIPPI item veto or expedited rescission legislation, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES would strengthen the ability of Presidents to identify and eliminate low-priority budget items Wednesday, November 17, 1999 Wednesday, November 17, 1999 with the support of a majority in Congress. Mr. NADLER. Mr. Speaker, I rise today to Mr. SHOWS. Mr. Speaker, today I would Under this legislation the President would join with Representative NITA LOWEY to an- like to take a minute to tell my colleagues and be able to single out individual items in tax or nounce the introduction of two bills to reduce the American People about a pitch-black night spending legislation and send a rescission taxes on Social Security benefits. The first bill on Christmas Eve in 1944 during one of the package to Congress. The President would would repeal the 1993 tax increase on Social darkest hours of World War II. A Belgian troop have the option of earmarking savings from Security benefits. I have always opposed this transport, the S.S. Leopoldville, was sunk by a proposed rescissions to deficit reduction by provision, and I believe that it is now time to German U-Boat, taking the lives of 802 Amer- proposing that the discretionary spending caps repeal this tax on our Nation’s seniors. ican soldiers. The Leopoldville was part of a be reduced by the amount of the rescissions. The 1993 economic plan imposed additional crossing of the English Channel for the Battle Congress would be required to vote up or taxation on the benefits of single social secu- of the Bulge. 2,235 American Soldiers were down on the package under an expedited pro- rity recipients with incomes over $34,000, and being carried to this historic battle. cedure. Members could offer motions to re- on married recipients with joint incomes over The Leopoldville was torpedoed and sunk move individual items from the package by $44,000 by including, in each case, 85 percent 51⁄2 miles from Cherbourg, France. The result majority vote if their motion was supported by of Social Security benefits in taxable income. was a horrific loss of lives—almost one-third of fifty members. The spending items would be At the time, proponents of the tax increase the 66th Infantry Division was killed. 493 bod- eliminated or the tax item would be repealed said it was necessary to reduce to deficit. Re- ies were never recovered from the cold and if a majority of Congress approves the rescis- member the atrocious national debt had risen murky waters of the English Channel. Most of sion package. If the rescission bill is defeated from $800 billion in 1981 to more than $4 tril- the soldiers who died were young Americans, in either House the funds for any proposed re- lion in 1993. The annual deficit, which was al- from 18 to 20 years old, barely out of High scission would be spent or the tax item would most $300 billion a year in 1992, was pro- School. These young men came from 46 out take effect. jected to increase to $500 billion a year later of the 48 states that were part of the Union at This legislation embodies an idea which in the decade. We passed a tough economic that time. many Members, both Democrats and Repub- plan, the economy improved, and the deficit Sadly, this tragic story has been a mere licans, have worked on for several years. Dan was eliminated. footnote in the history books of World War II. Quayle first introduced expedited rescission I believed it was unfair to tax seniors on Their efforts to preserve and sustain Democ- legislation in 1985. Tom Carper and DICK their social security benefits to reduce the def- racy must be remembered. Their lives must ARMEY did yeomen’s work in pushing this leg- icit, and, therefore, I joined with Representa- not be vainly forgotten. islation for several years. On the Democratic tive NITA LOWEY in offering a bill which would Today, I ask my colleagues and all Ameri- side, TIM JOHNSON, Dan Glickman, Tim Penny have repealed the provision immediately and cans to join me in remembering and honoring and L.F. Payne were particularly effective ad- taken other steps to reduce the deficit. We those who gave their lives that we might be vocates of this legislation for years. Numerous demonstrated that you could still reduce the free today. The young men aboard the S.S. Republicans, including Lynn Martin, Bill Fren- deficit without increasing taxes on social secu- Leopoldville, those who perished and those zel, Gerald Solomon, Harris Fawell and others

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30805 made meaningful contributions to expedited the bill would be sent to the Senate for con- the Episcopal Church Women. All this from a rescission legislation as it has developed. sideration under the same expedited proce- woman who has been a distinguished jour- Thanks to the efforts of these and other dure. Fifteen Senators may request a sepa- nalist and publisher and managed, as well, to members, the House overwhelmingly passed rate vote on an individual item. If a simple majority in either the House or raise three children, and now to be grand- expedited rescission legislation in the 102nd Senate defeats a rescission proposal, the mother to fourteen grandchildren, and great- Congress. In the 103rd Congress, JOHN funds for programs covered by the proposal grandmother to two. SPRATT and Butler Derrick worked with me to would be released for obligation in accord- Mr. Speaker, Ms. Murphy and her accom- refine the legislation. This revised legislation ance with the previously enacted appropria- plished family are a quintessential family of was passed by the House in 1993. In 1994, tion, or the tax provision would take effect. service and a source of great and enduring Representatives JOHN KASICH and Tim Penny If a bill rescinding spending or eliminating pride to the entire Washington region. Like joined the effort and helped pass a strength- tax benefits is approved by the House and thousands of Washingtonians, I count Frances Senate, it would be sent to the President for ened version of this legislation. Since then, Murphy as a friend whom I greatly admire. I his signature. Upon Presidential signature, ask my colleagues to join me in a well de- Representatives BOB WISE, ROB ANDREWS and the spending items in the rescission package others have advocated this approach. Today, are reduced or eliminated, or the tax items served honor for the model life and career of I am joined by DAVID MINGE, ROB ANDREWS, in the rescission package are repealed. Frances L. Murphy II. COLLIN PETERSON, MARION BERRY, MAX f f SANDLIN, RALPH HALL and ALLEN BOYD in intro- OUTSTANDING VETERANS DAY ES- TRIBUTE TO FRANCES L. ducing this legislation. SAYS FROM DISTRICT STUDENTS We have heard a lot of talk about elimi- MURPHY II nating waste and pork barrel spending, but lit- tle serious action to actually eliminate pork HON. WILLIAM O. LIPINSKI HON. ELEANOR HOLMES NORTON OF ILLINOIS barrel spending. In fact, the appropriations OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES bills passed by the House includes hundreds IN THE HOUSE OF REPRESENTATIVES of earmarks for spending items that were not Wednesday, November 17, 1999 Wednesday, November 17, 1999 requested by the administration and have not Mr. LIPINSKI. Mr. Speaker, it gives me been subject to hearings or review. Senator Ms. NORTON. Mr. Speaker, I rise today to great pleasure to bring to the attention of my JOHN MCCAIN has identified more than $14 bil- honor Frances L. Murphy II, publisher emer- colleagues, seven outstanding Veterans Day lion of spending items buried in appropriations itus of the Washington AFRO-American News- essays by young individuals from the 3rd Con- bills that have not been subjected to the prop- paper, and a great lady who has had major re- gressional District of Illinois. For my annual er review. Other private organizations have sponsibility for this great asset to the city of Veterans Day Ceremony in Chicago, the fol- identified even more earmarked spending in Washington and the communities surrounding lowing students wrote about what Veterans the appropriations bills passed by Congress it. Her hard-hitting editorials and well written Day means to them. I hope you will also enjoy which they believe can be eliminated. Instead stories provide the local African American these essays: of subjecting these spending items buried in community with news and information that VETERANS DAY the appropriations bills to scrutiny, the Majority cannot be obtained elsewhere. She has (By Katie Wiencek, Kinzie Elementary has proposed an across the board spending trained and nurtured many young journalistic School) that would cut good programs just as much as talents, who have taken what they learned at Veterans Day is a very important day. It is we cut low priority and wasteful programs. the AFRO to institutions as diverse as the the day when we remember the American Forcing votes on individual items in tax and NAACP, the Washington Post, and African soldiers who have lost their lives in the spending bills will bring a little more account- Americans on Wheels magazine. many wars. More than 58,000 soldiers died ability to the budget process. I hope that my Ms. Murphy’s grandfather, John H. Murphy, during the Vietnam War. It has been called colleagues from both sides of the aisle who Sr., founded the AFRO in 1892. Her father, one of the most painful periods in our his- are serious about controlling spending and Dr. Carl Murphy, was editor and publisher of tory. But, America still had it good, after all, we had ceased fighting and were trying eliminating wasteful spending and special in- the AFRO-American Newspapers from 1918 to rebuild South Vietnam by sending money. terest tax breaks that cannot withstand public until his death in 1967. But, Ms. Murphy did America has been the ‘‘good guy’’ in almost scrutiny, will join me in cosponsoring this leg- not start at the top. She learned her business every war. This stereotype goes for not just islation. inside out, starting as a library assistant, and the government, but the people and soldiers as well. I think they have a right to be re- SUMMARY OF EXPEDITED RESCISSION moved up the ladder to reporter, then editor, membered. It is our debt to them to have LEGISLATION magazine editor, and managing editor before becoming publisher. this memorial for four of the many soldiers The legislation would amend the Budget who fought so hard for us. They need to be Control and Impoundment Act of 1974 to re- In addition to her work as publisher of the AFRO, Ms. Murphy has spent much of her noticed. This memorial is a ‘‘good thing,’’ as quire Congress to consider Presidential re- Martha Stewart would say. I would say, it is scissions of appropriations or tax items by a time as an educator. She started in the Balti- a very good thing. majority vote. more schools in 1958, where she stayed until The President could propose to cut or 1964, when she took her first position in high- VETERANS DAY eliminate individual spending items in ap- er education at Morgan State College. Until propriations bills or to repeal targeted tax (By Rich Pala, Byrne Elementary School) She retired from teaching in 1991, she held breaks (tax breaks which benefit a particular Veterans Day is a day all proud Americans taxpayer or class of taxpayers, except bene- various teaching positions at University of honor the men and women who served the fits based on demographic conditions). Maryland Baltimore County, Buffalo State Col- American Army. Some people fought and The President would be required to submit lege, and Howard University. Her students died for what they believed was right. Some proposed rescissions of tax items within ten rated her a top professor, and said, as others went to war and many died for our country. days of signing the tax bill. Proposed rescis- have said about her journalism, ‘‘She is tough These are the true heroes of America, and sions of spending items could be submitted but fair.’’ deserve all the respect of billions of Amer- at any time during the fiscal year. ican people. Without these brave men and The President could propose that the dis- Ms. Murphy is well known for her contribu- tions to her community, having served as a women, America would not be what it is cretionary spending limits be reduced by the today. We owe everything to these men and amount of the rescissions, but would not be member of the National Board of Directors of women, because they put the pride and honor required to do so. the NAACP and of the Board of Trustees of in America. They fought for everything Within ten legislative days after the Presi- both the State Colleges of Maryland and the America stands for. dent sends a rescission package to Congress, University of the District of Columbia. She is a vote shall be taken on the rescission bill in on the board and serves as treasurer of the VETERANS DAY the House. The bill may not be amended on African American Civil War Memorial Freedom the floor, except that 50 House members can (By Shaun Caulfield, Byrne Elementary request a vote on a motion to strike an indi- Foundation. She also is an active member of School) vidual rescission from the package. St. Luke’s Episcopal Church, where she is a Bring to mind images of brave soldiers If the President’s rescission package is ap- member of the flower guild, a lector, a mem- fighting for our country in war time, work- proved by a simple majority of the House, ber of the Search Committee and president of ing in peace time, and trying to keep our

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR99\E18NO9.000 E18NO9 30806 EXTENSIONS OF REMARKS November 18, 1999 country free. Great soldiers come in mind: tive day, but every day, because without our lege students that getting a credit card is nec- General Washington, George Patton, Audie armed forces there would be no peace or free- essary for a fun college experience. But upon Murphy, the less famous but not less impor- dom. graduation, many of these young people find tant vet. John Joseph Kunkes, my grand- To all of the people who have served for father, fought in Korea. He was missing from our country, you make me feel proud to be themselves buried in debt. Just recently, the action from his platoon for one month. He an American. House recognized the need to educate young was on his own staying alive on skills taught people on this issue by passing a bill to en- to him by the U.S. Army. courage high schools to teach financial lit- WHAT VETERANS DAY MEANS TO ME Thinking about my grandfather’s adven- eracy, including credit education. College by tures makes me remember every veteran has (By Jennifer Gename, Grade 8, St. Jane de college, state by state, this issue is being rec- Chantal Elementary School) their tale to tell. It would be to our best in- ognized as a serious problem that needs to be terest to seek out his story and appreciate In my opinion, I think it is only fair to addressed. have a holiday commemorating the men who his commitments to his country and his A recent report found that one-fifth of the branch of service. risked their lives to uphold the benefits and To some, Veterans Day is a day off of principles of our country. They worked hard Nation’s college students are carrying credit school or work. But World War I, World War to uphold our nation’s belief in freedom, and debts of more than $10,000. Seventy percent II, Korea and Vietnam fighters make me they deserve to have a day of recognition. of undergraduates at 4-year colleges possess shiver. They fought in those wars and risked Although Veterans Day is probably not one at least one credit card. One 19-year-old their lives that makes them so great. of the most publicly mentioned holidays, it sophomore student in the Rochester, NY area On Veterans Day, remember and pray for has great meaning towards my family and who had no income recently attempted to de- courageous vets and honor them with the re- me. My grandfather served in World War II, clare bankruptcy; he had accumulated a stack spect and dignity they deserve. To all past, and thankfully survived unharmed. He, and present, and future veterans, remember we all the other men, worked day and night in of credit cards and owed the credit card com- are all behind you. the midst of shootings, killings, and pain. panies $23,000! In Knoxville, TN, one college They didn’t know if they would ever get student ran up $30,000 in credit card debt in through a day, let alone survive until the just 2 years. Students are snowballing into VETERANS DAY end of the war. If this sort of endurance debt through the extension of unaffordable (By Julian Ollry, Nathan Hale Middle doesn’t deserve a holiday, then I don’t know credit lines, peer pressure to spend, and finan- School) what does. These men did so much for our cial naivete. Low minimum monthly payments Many brave men and women have given country, so that everyone would be able to and routine credit limits hikes add to the se- their lives in wartime for our country. One lead happy, safe lives. that was not so far in the past was the Viet- So, to me, Veterans Day is a very impor- ductiveness of plastic. nam War. The veterans of this war must be tant holiday, because it helps people realize Even though many students with credit especially honored for their valor and loy- what others went through to help the nation. cards have no income to pay the bills, credit alty at the most crucial time in American card companies are aggressively marketing History. their cards to college students. Credit card VETERANS DAY This war was difficult for Americans be- companies set up tables during orientation cause many of them disagreed with the war. (By William Matuszak, St. Rene Goupil Elementary School) week and outside college lunchrooms, adver- In 1973, the United States government had tising free gifts such as t-shirts and mugs, to agreed to stop fighting in Vietnam. When Veterans Day is a time to remember and many soldiers returned from the hardships honor men and women who have served in sign up as many students as possible. Most of during the war, seeing friends or relatives the Armed forces. This holiday is celebrated the time, all that is required is a student identi- die in battle, many Americans did not sup- on November, 11. fication card. For many students, they experi- port them and many soldiers felt very Veterans Day is important to me for many ence problems when they cannot afford to unappreciated. Veterans are now beginning reasons. Both my grandfathers have served make payments on their credit cards, which to be recognized by other foreign war heroes. in a war. One served in World War II and the ruins their credit ratings before they have even Veterans gather at the Vietnam Veterans other in the Korean Conflict. It is not only entered the workforce. While many college Memorial in Washington, DC to place gifts important to me, but to everyone, because students are adults, responsible for the debt and stand quiet vigil at the names of their many families have served in armies and friends and relatives who fell in the Vietnam have fought for their countries in war. Vet- they charge, the credit card industry’s policy of War. Families have lost sons and/or daugh- erans Day can also show people between extending high lines of credit to unemployed ters in wars. Their thoughts and many oth- countries, because war is over and we can or underemployed students needs to be exam- ers are toward peace and the avoidance of fu- celebrate that also. ined. ture wars. Veterans Day is a very important day to This bipartisan legislation would compel Today, let us give thanks to these Vietnam all. Men and women from all over the world credit card companies to determine before ap- veterans and all the brave men and women have fought for their countries in many dif- proving a card whether any prospective cus- who fought for America. These soldiers are ferent ways, and we honor them on this very tomer who is a traditionally aged full-time stu- special day. We celebrate their accomplish- our heroes. They gave their lives for us and dent, can afford to pay off the balance. This for the cause of freedom. May each and ev- ments and sacrifices. Veterans Day is a great eryone be honored for eternity. way to honor all who have died and all who bill would limit credit lines to 20 percent of a are still living that have served their nation student’s annual income without a cosigner. in the military. Let us keep all of the men Students could also receive a starter credit WHAT VETERANS DAY MEANS TO ME and women who are presently serving in our card with a lower credit limit, allowing in- (By Amanda Lally, Grade 7, St. Jane de military that God will keep them out of creases over time if prompt payments have Chantal Elementary School) harm’s way. been made. Another provision would eliminate Veterans Day is a very important holiday Mr. Speaker, I wish all of these fine authors the fine print in credit card agreements and in our country. It honors all of those who are the best of luck in their future studies. solicitations, where fees and penalties are hid- living and dead—who served with the US armed forces in times of war. We owe so f den. This print would have to be enlarged. Fi- much to those brave men and women who nally, parents would have to agree in writing to COLLEGE STUDENT CREDIT CARD increases in the credit limit of cards which fought for our freedom and protected our PROTECTION ACT country. they have cosigned. I am very proud to have family members f who have served for our country. My great- HON. LOUISE McINTOSH SLAUGHTER grandfather fought in World War II. He was OF NEW YORK HONORING GORDON WOOD captured by the enemy and became a pris- IN THE HOUSE OF REPRESENTATIVES oner of war, but he survived and came home. My great-uncle fought in the Korean Con- Wednesday, November 17, 1999 HON. CHARLES W. STENHOLM flict. They were both proud to serve our OF TEXAS country. Ms. SLAUGHTER. Mr. Speaker, on October IN THE HOUSE OF REPRESENTATIVES 25, JOHN DUNCAN of Tennessee and I intro- Without all of these brave men and women, Wednesday, November 17, 1999 where would our country be? they put their duced H.R. 3142, the College Student Credit life on the line for all of us. We should not Card Protection Act. Madison Avenue and the Mr. STENHOLM. Mr. Speaker, I rise today only honor our veterans on this commemora- credit card companies have convinced our col- with a great deal of Texas pride to recognize

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30807 an outstanding individual, Gordon Wood of He won 405 games overall, which was more ‘‘How far is it?’’ Brownwood, Texas. than anyone else in the nation when he re- ‘‘Well, it’s 21⁄2 hours one way.’’ In today’s edition of the Dallas Morning tired in 1985 at 71. Wood drove five hours a day to watch News, the newspaper named Coach Wood, But, if you’re looking for numbers to de- Tech’s linebackers. He drove every day for fine Wood’s greatness, you must know that two weeks to learn something from a coach the ‘‘Coach of the Century’’ as part of its 100 he is the only coach to win 100 games in half his age. Parcells said Wood had as much Years of Texas High School Football series. I three different decades, and the only coach influence on him as Halas, Lombardi, Noll or can think of no one more deserving. Coach who won state titles in three decades, as Landry, and he thinks about him every sum- Wood not only led and inspired many young well. mer when training camp starts, thinks about people during his career but also brought Those numbers indicate that he never lost the old man with more than 300 wins ‘‘driv- great achievements to several Texas commu- his enthusiasm for the game, never thought ing five hours a day to find out something.’’ nities. he knew so much that he couldn’t learn Wood has gone farther than that. Every ‘‘Coach’’ was an important figure during the more, never won so much that he got enough year, for 43 years, he has traveled around the of it. country to the American Football Coaches formative years of my life, and he has re- Not when he retired 14 years ago. Association meeting. He has lectured at mained so. Early in his career, he coached in Not even now. coaching clinics in 18 states, most of them my hometown of Stamford. He led our team to The numbers say a lot about Gordon Wood. more than once. He spoke in Tennessee last two State championships, and I am proud to But, if you really want to know why he was summer. have been part of his early success. He went so great, you only have to go to a game with He went to Canada three times, in the on to lead the Brownwood Lions to seven him. summers of 1967, ’70 and ’71. He was guest State championships and won a total of 405 He is better-looking in person than in pho- coach for the CFL’s Winnipeg Blue Bombers, games in his 43-year career. tographs. Pictures can’t capture his vitality coached by a man named Jim Spavitol, who or regal posture, his warmth, his habit of ex- played at Oklahoma State and first met Coach Wood is a legend in Texas not only tending both hands to someone in greeting, Wood in the Navy. for his coaching but for the way he has led his or his habit of holding on to the hand of a After one of his summer trips north, Kath- life. To me, that puts him in the Ranks of Tom young person while he’s talking to him. In arine, his wife of 56 years, asked him what it Landry, Bear Bryant and Joe Paterno. most pictures, he looks almost sad, or, at was like working with professional players. I wish to include in the RECORD a copy of best, blank. They couldn’t be less telling. ‘‘They’re just overgrown boys,’’ he said. the article that ran this morning in the Dallas Pictures can’t show the balletic movement He only had a few players who went on to Morning News. of a curious, inquisitive mind. play professional football. The best probably This honor is a great tribute to Coach Wood He is sitting in the press box of the sta- was Lawrence Elkins, the Baylor receiver, dium named after him, talking about his of- his career ruined by injuries in the NFL. The and his wife, Katharine, and I know there are fense between bites of a ham sandwich. best set was the three Southall brothers—Si, many folks who join me in sending them con- Did you always run the Wing-T? Terry and Shae—all quarterbacks, the sons gratulations and best wishes. ‘‘I have since the war,’’ Wood says. of his long-time assistant, Morris Southall. [From the Dallas Morning News, Nov. 17, He means World War II. He put in the of- Southall helped run the offense. In the 1999] fense at the counsel of Clyde ‘‘Bulldog’’ Wing-T, the Lions flipped the offensive line Turner, once called the toughest football to double their number of plays and simplify ALWAYS IN THE GAME—FOOTBALL, GORDON player ever. But it was Turner’s old college blocking assignments. Wood told Royal WOOD STYLE, STILL ABSORBS COACH OF CEN- coach, Warren Woodson, who invented the of- about it in 1960, when Royal invited him on TURY fense, the same one he used at Hardin-Sim- a trip to New York. Royal used the flip-flop (Kevin Sherrington) mons and New Mexico State and Arizona, in 1963, when he won his first national cham- BROWNWOOD, TEXAS.—Gordon Wood wears and in the process was the only coach ever to pionship. hearing aids in both ears. He had a triple by- produce the nation’s top rusher four years in ‘‘We ran more formations than most teams pass in 1990, and five years ago a stroke a row. run plays,’’ Wood says. ‘‘We’d run 36, 39, 42 punched a few holes in his memory. He’s ‘‘Warren Woodson was one of the greatest plays a week in practice, and the second working on his third artificial hip. He’s dia- offensive coaches that ever was,’’ Wood says. team got just as many reps as the first betic. A faint white web of scars runs wild ‘‘Cocky little devil, too. He watched us one team.’’ over his mottled face, the vestiges of 13 skin time and came up to me afterward and said, And, always, the rules were the same. tumors. ‘Coach, don’t tell anybody you run our of- ‘‘Kid makes a mistake in practice,’’ Wood This is what can happen to you if you live fense. You did such a lousy job.’ says, ‘‘we run it over again.’’ 85 years. ‘‘Yeah, he was the best offensive coach I Wood hates mistakes. He made a point in He can’t play golf because of the bad left ever saw.’’ his career of making players believe in them- hip. He won’t play checkers anymore because He takes a bit out of his sandwich. selves. He won a state championship his first that’s what he was doing when the world ‘‘Sorriest defensive coach, too.’’ season at Brownwood, in 1960. He says that, started spinning, and he walked into a rest- Warren Woodson is dead. So is Bulldog if you severely criticize a player at practice, room and couldn’t find his way out. A Turner. They are great names lost to a you have to make sure you do something to stroke, the doctors told him. A woman came younger generation that wouldn’t know a build him up again. to get him in the restroom and asked him to Wing-T offense from a wingtip shoe. Wood But it is his obsessive perfectionism that step back with his right foot. He tried to knew Turner and Woodson, and he knows drives him. He watches anxiously from a comply but stepped forward instead, right Darrell Royal, who calls Wood ‘‘one of the press box cubicle as the Lions play host to into the toilet. all-time great football coaches, regardless of Joshua, a heavy underdog. He talks until a Checkers was fun, and he was good at it, the level.’’ He is a friend of Bum Phillips, play starts and then stops talking until it’s but it’s not worth it if it reminds him of who calls Wood the best coach he knows. over. If the play is a success for Brownwood, that. So now the only hobby he has left is Bear Bryant told Wood’s son, Jim, that, had he might say nothing, most likely picking up football. he stayed at Texas A&M, ‘‘I would have his speech where he left off. If the play fa- This is what can happen to you if you given your dad a heck of a run for the best vors Joshua, it might give him fits. coach 43 years. coach in Texas.’’ Like, say, a 10-yard burst on a trap play by Or maybe this is what happens if you’re Wood knows Bill Parcells. Maybe you re- Joshua. Gordon Wood, the greatest coach in the his- member the story that came out a couple of ‘‘You go back to our state championship tory of Texas high school football. years ago, when Parcells took over as coach teams,’’ he says, irritated, ‘‘and see how A Dallas Morning News panel of college of the New York Jets after going to Super many zeroes it has there for what the other coaches and sports writers chose Wood over Bowls with two different organizations. teams scored.’’ a group that included Waco’s Paul Tyson, Parcells told reporters about the time he He is up from his press box seat, talking to who won four state championships in the coached linebackers for Texas Tech in the someone about how in the world Joshua can 1920s, and Abilene’s Chuck Moser, who won 49 1970s. They had 20 spring practices, and at be moving the ball at all when he suddenly consecutive games. Joe Golding got some more than a dozen, he saw the same leathery realizes that the Joshua band is playing. consideration at Wichita Falls, as did Ama- old man in a maroon cap with a ‘‘B’’ on it. ‘‘Did they score?’’ he asks, incredulous. rillo’s Blair Cherry. Parcells introduced himself and asked the Forty-one-yard field goal, someone says. Wood wasn’t a hard choice, though. He won old man where he was from. Makes it 21–3, Brownwood. nine state championships, two at Stamford ‘‘A little town down the road here,’’ the ‘‘Gaw-dang,’’ Wood says. and seven at Brownwood, which in the 40 man said. He settles down and goes back to talking years before he arrived had won only a single ‘‘Outside Lubbock?’’ Parcells asked. about offense. He got plays everywhere. He’d district title. ‘‘No, a little further.’’ see something in a college game on Saturday

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR99\E18NO9.000 E18NO9 30808 EXTENSIONS OF REMARKS November 18, 1999 afternoon and put it in the game plan Sun- then square their shoulders before they hit Mistakes kill him, but he says he didn’t day night. the hole. make one by staying at Brownwood all those He has spoken at so many clinics that But wouldn’t the Cowboys argue that a years. Katharine had put it in perspective most of what he says seems as if he were back gets to the hole faster if he runs at an earlier. ‘‘You take Tom Landry and Spike reading it off the walls of a locker room. angle? Dykes and Grant Teaff and Hayden Fry,’’ she On a coach who wouldn’t leave his team for ‘‘Might be quicker to the hole,’’ Wood says said. ‘‘They’re all great coaches, but they a week: ‘‘If you can’t leave for four days, tersely, his eyes returning to the field, ‘‘but were all just kids who played high school you’ve got a poor group of assistant coaches. you aren’t gonna get to the hole with the football in Texas.’’ And if you leave for four days, the kids will ball.’’ And Gordon Wood was a Texas high school listen to you more when you come back.’’ He stares straight ahead. football coach, the best ever, his peers say. On the variety of offenses available: ‘‘It ‘‘Just a fundamental mistake,’’ he mut- Even an old perfectionist couldn’t beat doesn’t make a dang what you line up in; it’s ters. ‘‘S’all there is to it.’’ that. Asked his favorite college coaches, he im- ‘‘I wouldn’t change anything,’’ he says what you do after you get there.’’ mediately cites Texas Tech’s Spike Dykes softly, sitting in his driveway in his sensible On his coaching philosophy: ‘‘It’s not the and Texas’ Mack Brown. He is intrigued by sedan. ‘‘No.’’ big things that beat you; it’s a million little Oklahoma’s comeback under Bob Stoops, things.’’ f he’s impressed by Kansas State Bill Snyder, The little things might surprise you. He and he’s a great friend of Florida State’s watched a coach in practice one day and no- HONORING RONALD R. ROGERS AS Bobby Bowden. ticed that, on every offensive play, he put HE IS INSTALLED AS GRAND In his 1992 book, ‘‘Gordon Wood’s Game MASTER OF THE GRAND LODGE the ball down on a yard line. Wood couldn’t Plan to Winning Football’’, he lists 36 coach- believe it. How often does that happen in a es who have contributed to his beliefs, rang- OF FREE AND ACCEPTED MA- game? Move the ball around, he told them. ing from former assistants to Bo SONS IN OHIO Make the players look to see where the ball Schembechler, W.T. Staple, Gene Stallings is, and maybe they won’t draw foolish pen- and a high school coach from Ohio named alties for lining up offsides. HON. ROB PORTMAN Bron Bacevich. OF OHIO His assistants knew what he wanted. Wood’s education in football seems funny, IN THE HOUSE OF REPRESENTATIVES Southall, the only assistant over elected considering how he started. His father was a president of the Texas High School Coaches farmer outside Abilene who didn’t believe a Wednesday, November 17, 1999 Association, worked for him 31 of his last 38 man needed much in the way of schooling. years in coaching. Mr. PORTMAN. Mr. Speaker, I rise today to ‘‘If you get to third grade and can read and recognize Ronald R. Rogers, a constituent, Southall left him only a couple of times, write,’’ A.V. Wood told his eight children, once to be head coach at Winters after Wood ‘‘you’re wasting your time going to college. who recently became Grand Master of the left from Stamford, where he won state You’ll just be a teacher or preacher, and Grand Lodge of Free and Accepted Masons championships in 1955 and ’56. you’ll starve.’’ for 1999–2000. ‘‘If I’d had him at Stamford . . .’’ Wood Gordon Wood was the only one of A.V.s Mr. Rogers has an extensive Masonic says of Southall and stops in mid-sentence four sons to earn a high school diploma. He record. He began his Masonic career as Mas- when a ball bounces off a Brownwood re- went on to Hardin-Simmons and never ter Councilor of Ivanhoe Chapter of the Order ceiver and into the hands of a Joshua defen- starved. But he didn’t get rich, either. The of DeMolay. He received his Chavalier Degree sive back. most he ever made coaching and teaching, he in 1952 and was awarded the Active Legion of ‘‘That’s two balls they’ve dropped,’’ he says, was $42,000. He had an offer in the ’50s Honor in 1976. He became a Master Mason in says. to be an assistant coach at Texas Tech, but He shakes his head. he didn’t like the travel required in recruit- Norwood Lodge No. 576 in 1972. Before be- ‘‘If I’d had him at Stamford,’’ he says ing. coming Grand Master, Mr. Rogers was elected again, ‘‘I’d have won three state champion- He and Katharine, who reared a son and Junior Grand Warden in 1996, Senior Grand ships there. No doubt. He was the best quar- daughter, live in a little three-bedroom Warden in 1997, and Deputy Grand Master in terback coach in the state.’’ house just two blocks from the high school, 1998. He thinks about the interception again and the same place they’ve lived since the early A Cincinnati native, Mr. Rogers is a grad- winces. ’60s, two doors down from Southhall. The day uate of Norwood High School and received his ‘‘That kills me when they do things like that Wood retired, he fulfilled a promise to B.A. from the University of Cincinnati. He that,’’ he says. himself when he bought a luxury car and the worked for Clayton L. Scroggins, a manage- He sees mistakes everywhere. He watches best golf cart he could find. ment consulting firm in Cincinnati, for 35 the Cowboys every Sunday. He is a friend He drove the car into the garage, and Kath- and ‘‘great fan’’ of Tom Landry, a reluctant arine told him it was nice. She also told him years. Mr. Rogers is the proud father of a admirer of the impersonal Jimmy Johnson she’d never ride in it. daughter, Robin, and the proud grandfather of and a defender of Barry Switzer. ‘‘There are too many hungry people in this a granddaughter, Leslie. But he is amazed at what happens on a pro- town,’’ she told her husband. Active in his community, Mr. Rogers is a fessional football field. He cites a play in a So he took the car back. He listens to member of the Forest Chapel United Meth- recent game where Emmitt Smith fumbled Katharine, as long as she’s not trying to send odist Church. He has served Forest Chapel as on a pitch. in a couple of new plays. He says he probably Chairman of Finance, Chairman of Music and ‘‘You know why they fumbled and lost it?’’ would have coached one more year, but she insisted that he retire, and he reluctantly a member of the Administrative Board. He he asks. ‘‘Damn poor coaching, that’s what.’’ sang in the Forest Chapel Chancel Choir and He says he thought about writing Cowboys agreed. coach Chan Gailey and telling him so. Wood ‘‘It was time for me to quit,’’ he says. also served as its president. Mr. Rogers is a He sounds sincere. But he still has a radio is big on writing letters. They appear occa- past Area Financial Officer of United Way and program on Thursday evenings to talk about sionally in The News and the Abilene Re- past President of the Forest Park Band Boost- high school football, still has coffee with porter-News, mostly defending teachers of ers. friends to talk about it. He watches it on tel- U.S. Rep. Charles Stenholm, a former all- We congratulate Ronald Rogers on his posi- evision, reads about it in newspapers, visits state end for Wood at Stamford. Sometimes tion as Grand Master, and wish him every coaches and players. he just writes to correct mistakes of any na- And, nearly every week, he goes to a game. success during his tenure. ture. ‘‘I enjoy watching,’’ he says. ‘‘I really do.’’ f He’d write Gailey, he says, but he’s not Most of the time, anyway. With five min- sure it would do any good. He pulls out a utes left in the Joshua game, he gets up to COMMUNICATIONS SATELLITE sheet of paper and diagrams his trademark leave the press box and beat the rush. Brown- COMPETITION AND PRIVATIZA- play, the power pitch. Any team that wanted wood is up, 35–6, and sitting on Joshua’s goal TION ACT OF 1999 to beat his, he says, first had to stop the line. power pitch. They’d run it 20 times a game At one of the exits, he says to hold up a SPEECH OF and never fumble. second. ‘‘Let’s see if they score,’’ he says. Here’s why the Cowboys fumble, he says, As if on cue, a Brownwood player is flagged HON. TOM BLILEY whether it’s Tony Dorsett or Emmitt Smith: for illegal motion. OF VIRGINIA Coaches teach the running back to run at an ‘‘Aw, crap,’’ Wood says, and turns for the IN THE HOUSE OF REPRESENTATIVES angle toward the line of scrimmage before parking lot. Wednesday, November 10, 1999 taking the pitch. Wood says they should Mistakes kill him, and always did. ‘‘I’d die have backs run parallel with the line, which if we had two or three penalties a game,’’ he Mr. BLILEY. Mr. Speaker, I rise in support would better allow them to catch the pitch, says. of H.R. 3261. I am pleased that today we will

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30809 pass on suspension in bipartisan fashion our number of annual findings has been reduced H.R. 3261 does not grant the Commission satellite reform and privatization legislation, from four to three, with the second finding of authority to impose a signatory fee or limit di- H.R. 3261. The fact that we will pass this deci- H.R. 1872 now included in the first annual rect access by foreign signatories nor should sively and that no one has indicated he or she finding, as set out in section 603(b)(2). The the statement indicating that the Commission will vote against this bill indicates the wide- last finding is due January 1, 2002, which is has authority to implement direct access be in- spread support in the House for this legisla- later than the April 1, 2001 date established terpreted as meaning that the Commission tion. It is high time to end the current cartel- for INTELSAT privatization. It may be appro- has the authority to impose signatory fee or like ownership and management structure of priate to make the FCC finding date the same limit direct access by foreign signatories. INTELSAT and Inmarsat. They must not only as the privatization date of April 1, 2001 at the New section 641 also does not direct the be privatized, they must be privatized in a pro- next stage in the legislative process. Commission to take action on COMSAT’s peti- competitive market. We must eliminate their Finally, there have been changes in the tion to be treated as a non-dominant common privileges and immunities, warehoused orbital dates by which the privatized INTELSAT and carrier because the FCC already has acted on locations or frequencies, and limit their ability Immarsat must conduct initial public offerings this petition. Furthermore, section 641(4), stat- to use their governmental privileges to expand of their shares; from January 1, 2001 to April ing that direct access regulation would be their services and assets pending privatization. 1, 2001 for INTELSAT, and from January 1, eliminated after a pro-competitive privatization There is no reason for government to be pro- 2000 to April 1, 2000 for Inmarsat. of INTELSAT or Inmarsat is achieved was un- viding commercial communications services. Section 624 deals specifically with Inmarsat. necessary and thus was deleted. We must also replace monopoly control with While there already have been some changes H.R. 3261 does not include an equivalent of competition and provide full direct access in in the Inmarsat structure and some provisions section 642 of H.R. 1872 dealing with the re- the United States to INTELSAT and Inmarsat. of this section may need to be adjusted, such negotiation of monopoly contracts, which is As the author and manager of this legisla- as the reference to the Inmarsat Signatory, also known as ‘‘fresh look.’’ The sections of tion, I think it is important to specify what will this section is still applicable. While Inmarsat H.R. 3261 following section 641 were renum- be the legislative history for H.R. 3261. With has conducted what it deems to be a privat- bered to reflect the deletion of old section 642. the exception of section 641, the deletion of ization, that privatization has not been con- New section 649 is intended to prevent old section 642, the addition of section 649, ducted in a pro-competitive manner. U.S.-licensed international carriers and sat- and several date related changes, H.R. 3261 Section 641 of H.R. 3261 ends the monop- ellite operators from using leverage they may is identical to the bill the House passed on oly of COMSAT over access to the U.S. mar- have in foreign markets to exclude other U.S.- May 6, 1998, H.R. 1872. We have put this leg- ket for INTELSAT services. The Commission licensed international carriers and satellite op- islation on the suspension calendar because is to comply with section 641, by adopting or- erators from gaining access to those foreign Members already voted for the same text year ders ensuring the full implementation of all markets. The effect of Section 649 is to apply by a margin of 403 to 16. Because most of the forms of direct access as provided in section this policy to all foreign satellite operators bill is identical to last year’s bill, it is unneces- 641(a). seeking to do business in the United States. sary to go through the Committee hearing and Section 641 of H.R. 1872 dealt with various Exclusive market access is a critical barrier to report process again this year. Thus, no report issues raised by ending COMSAT’s exclusive the provision of competitive satellite services will be filed with H.R. 3261. Instead, we intend access to INTELSAT and Inmarsat. We do not by United States companies. that the Committee report for H.R. 1872 (See believe it necessary for the new section 641 to Mr. Speaker, I urge my colleagues to sup- House Rpt. 105–494), the record for the legis- address these issues. First, given the changes port this important legislation. lative hearing held on September 30, 1997, at Inmarsat, and the provisions of other parts f and the floor debate on H.R. 1872, in relevant of the legislation dealing with Inmarsat, such part, be used as legislative history for H.R. as section 624(1), there is no need to specify CONGRATULATING SOUTH GRAND 3261. direct access to Inmarsat in the new section PRAIRIE HIGH SCHOOL What follows is a specific discussion of 641. Second, it is appropriate to permit both changes that have been made in H.R. 3261 non-investment, or contract, direct access when compared to H.R. 1872, which, when HON. MARTIN FROST (also known as Level 3) and investment (also taken together with the H.R. 1872 legislative OF TEXAS known as Level 4) direct access to INTELSAT history discussed above, will serve as the leg- IN THE HOUSE OF REPRESENTATIVES immediately upon the effective date of this leg- islative history for H.R. 3261. Wednesday, November 17, 1999 Section 601(b)(1) advances the dates for islation. All such direct access is in the public the privatization of INTELSAT and Inmarsat, interest. It will increase competition for access Mr. FROST. Mr. Speaker, I want to con- respectively, from January 1, 2002 to April 1, to INTELSAT services and lower prices for gratulate South Grand Prairie High for winning 2001, for INTELSAT, and from January 1, consumers of INTELSAT services. one of 13 New American High School awards 2001 to April 1, 2000, for Inmarsat. The rea- The Commission currently has the authority from the Department of Education. This des- son for this change is that it has become clear to pursue contract or Level 3 direct access. As ignation recognizes South Grand Prairie’s tre- that the long transition periods provided in was the case with respect to H.R. 1872, by in- mendous efforts in raising academic standards H.R. 1872 are no longer necessary. Both or- cluding provisions on direct access in H.R. and student achievement. ganizations have taken some steps toward 3261, we do not intend to imply that there is South Grand Prairie is a diverse high school some form of privatization. For example, a need to amend any provision of the Commu- of over 2,400 students. It reflects the changing Inmarsat moved to end its intergovernmental nications Satellite Act of 1962 to provide for demographics of the surrounding community, status, although it still has not proceeded with direct access. half of the student body comes from minority an initial public offering of its stock. Moreover, There are several other differences between backgrounds. In 1996, South Grand Prairie the INTELSAT Assembly of Parties an- H.R. 3261 and H.R. 1872 in section 641 re- undertook an extensive reform program to nounced some steps which could move garding direct access. First, H.R. 3261 does raise academic performance by the school’s INTELSAT in the direction of privatization. not provide for or specifically authorize any ‘‘middle majority,’’ the large segment of the Section 602(a)(1)(A) and section 621(1) also signatory support costs. This is a change from student body whose needs were not entirely have been changed to reflect the new dates H.R. 1872, which permitted compensation to being met. The high school created a full- set out in section 601(b)(1). Similarly, the INTELSAT signatories for support costs that academy model that incorporates Advanced dates set out in 603(b) for the Federal Com- the signatories would not otherwise be able to Placement-level curricula with career-oriented munications Commission to make annual find- avoid under a direct access regime. Second, programs. ings and report to Congress on INTELSAT’s H.R. 3261 does not limit the ability of non-U.S. Students at South Grand Prairie pursue a progress toward privatization have been ad- signatories of INTELSAT to provide direct ac- rigorous academic program in an area that vanced to reflect the fact that longer transition cess in the United States. Thus the sections of best suits them—Business and Computer periods are not needed. Thus, the first Com- H.R. 1872 dealing with signatory fees and for- Technology, Creative and Performing Arts, mission finding is required on or before Janu- eign signatories, along with section Health Science and Human Services, Human- ary 1, 2000. 641(1)(A)(iii) regarding carrier pass through of ities or Law, and Math, Science and Engineer- Furthermore, given the fact that over a year savings realized as a result of direct access, ing. This allows students to raise their per- has elapsed since passage of H.R. 1872, the were deleted. formance by capitalizing on their interests.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30810 EXTENSIONS OF REMARKS November 18, 1999 South Grand Prairie has enlisted the entire HONORING THE WORK OF MIKE RECOGNIZING AND HONORING community in this effort. They have formed WOODS WALTER PAYTON AND EXPRESS- partnerships with local middle schools and ING CONDOLENCES OF THE area colleges. An Academic Advisory Board HON. BART GORDON HOUSE TO HIS FAMILY ON HIS DEATH comprised of students, teachers, and promi- OF TENNESSEE nent local business and industry leaders, has IN THE HOUSE OF REPRESENTATIVES been formed to develop a curriculum and as- SPEECH OF sessments of the program. And the Chamber Wednesday, November 17, 1999 HON. SHEILA JACKSON-LEE of Commerce participates in a teacher-shad- Mr. GORDON. Mr. Speaker, I rise today to OF TEXAS owing program which allows educators to un- honor Mike Woods and his more than 25 IN THE HOUSE OF REPRESENTATIVES derstand the skills needed in the vocational years of work as city clerk for the town of Tuesday, November 16, 1999 areas in which they are teaching. Smyrna, Tennessee. Mike’s tenure will soon The results of this innovative program have come to an end. He has decided to retire on Ms. JACKSON-LEE of Texas. Mr. Speaker, been remarkable. South Grand Prairie has November 30. I rise to strongly support this measure that raised its students passage rate on Texas’ As clerk, Mike has seen Smyrna grow from recognizes a true sports hero and legend, state math exam by 18 percent. South Grand a small community with an annual budget of Walter Payton. Prairie students pass the state’s reading test $500,000 dollars and 27 employees to being Payton died of bile duct cancer at age 45. at a 24 percent higher rate than the state av- one of Tennessee’s fastest growing cities with He is survived by his wife, Connie; his daugh- erage, and the school has higher SAT scores a population of more than 20,000, a current ter, Brittney; and his son, Jarrett. and rates of college enrollment than the budget of more than $25 million dollars and But it is not his death that lingers in our state’s average. over 300 employees. minds. It is his way of life that fills our memo- Clearly, South Grand Prairie’s academic re- Mike worked hard, along with former Mayor ries and our hearts. forms have been a success, the school is Sam Ridley, to make Smyrna the home of Nis- As a member of the Chicago Bears, Walter highly deserving of the New American High san Motor Manufacturing U.S.A., which has al- Payton stretched athleticism past the bounds School award. If South Grand Prairie rep- most 6,000 workers. His vision and invaluable of our imaginations. He bulled and wove resents the future in American education, the experience have served Smyrna well, and the throughout the football field with a creativity future looks bright indeed. Congratulations to city has been recognized with numerous state that allowed brute force and artistic expression Principal Roy Garcia and all of South Grand and national awards. Mike truly exemplifies to merge into one perfect moment. Prairie’s students, faculty, and parents. Your the best of public service and will be sorely Payton, the National Football League’s lead- school is a model for all of America’s high missed in city government. er in yards rushing (16,726) and carries schools and you have made North Texas I have known Mike since he first began his (3,838), was known for his durability. He proud. I am pleased to be able to join South tenure in Smyrna and consider him a close missed just one game in his 13-year career Grand Prairie officials at their White House friend. He has given me lots of good advice with the Bears. And during that time, he award ceremony this Friday. over the years, and I thank him for that. I con- earned a Super Bowl ring. Payton retired after f gratulate Mike for his admirable and distin- the 1987 season, and the Bears retired his No. 34. In the first year he was eligible for the IN RECOGNITION OF THE 5TH AN- guished career and wish him the best of luck in future endeavors. Pro Football Hall of Fame, he was a unani- NUAL COVENANT HOUSE WASH- mous selection. INGTON CANDLELIGHT VIGIL f But we cannot limit his worth to mere statis- tics and on-the-field achievement. Walter SENSE OF HOUSE REGARDING Payton represented sheer perseverance. HON. ELEANOR HOLMES NORTON DIABETES OF THE DISTRICT OF COLUMBIA Some would call Walter Payton the Cal Ripken of football. I would suggest that Cal IN THE HOUSE OF REPRESENTATIVES SPEECH OF Ripken is the Walter Payton of baseball. In- Wednesday, November 17, 1999 HON. EARL F. HILLIARD deed, Payton is the very embodiment of the Ms. NORTON. Mr. Speaker, I rise today to OF ALABAMA term, ‘‘iron will.’’ recognize the Covenant House Candlelight IN THE HOUSE OF REPRESENTATIVES His commitment to excellence and immense Vigil, where I will speak on Tuesday, Decem- endurance makes his death seem all the more Tuesday, November 16, 1999 ber 4, 1999. The Vigil is a national event held unbelievable. But Walter Payton did not lose every year in early December in some 20 cit- Mr. HILLIARD. Mr. Speaker, I rise today to his battle with liver disease. He simply ran out ies across the country. The Candlelight Vigil call for increased congressional spending to of time. symbolizes community hope for the well being continue the research now progressing to During an emotional, invitation-only memo- of all our children and highlights the plight of seek a cure for diabetes. This devastating dis- rial service that drew about 1,200 people, homeless, runaway, and at-risk children. ease affects every family in America—my own friends and family remembered Payton’s prac- The Vigil in Washington alone has 3,000 brother is a victim of diabetes. The results of tical jokes, his passion for those around him, concerned adults and youth marching, bearing the disease are too numerous to count, but in- his determination to be the best at what he candles and flashlights in support of youth. clude blindness, loss of limbs, even shock re- did, and his generosity. They will march shoulder to shoulder for a sulting at times in death. At this time in our The public also had its chance to say good- quarter of a mile to the Covenant House history, the incidence of diabetes in our popu- bye during a ceremony at Soldier Field. Thou- Washington Community Service Center, set- lation appears to be increasing. sands of Bears fans filed into the stadium, ting a tone of joy, solidarity, commitment, and We have made many strides in the treat- many carrying signs in tribute and others hope. Similar rallies are held simultaneously at ment of diabetes, but much more needs to be dressed in Payton’s familiar No. 34 jersey. Covenant House sites across the country. done. It is very possible that in the near future Yet, sports aficionados are not the only Since its inception in 1995, Covenant House we will be able to regenerate damaged beta members of society who claim Payton as their Washington has invested over $13 million of cells in the pancreas, the cells which normally hero. Any American, regardless of race or private funding in our youth. They have given produce insulin. Alternatively, we may soon be gender, can identify with Walter Payton. The hundreds of youth a hand up by providing able to generate new beta cells; in either consummate statesman, Payton carried him- food, shelter, tutoring, life skills, job training, case, it appears we will actually be able to self on and off the field with dignity and class. legal representation, and positive recreational cure the disease. He achieved, yet, he always remained com- opportunities. At this point in the process, we need to mitted to his team—individuality was not his Mr. Speaker, I ask all my colleagues to join make an absolute commitment to this struggle style. It is because of his gentle and caring me in honoring Covenant House Washington to end this devastating disease. I commit my- demeanor that he truly earned his nickname, and their commitment to our most vulnerable self and my vote to increasing spending on di- ‘‘Sweetness.’’ He was as sweet a person in young people and in recognizing the 1999 abetes to an amount which will be sufficient real life as he was to watch on the football Covenant House Washington Candlelight Vigil. for our scientists to accomplish this high goal. field.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30811 And as an African-American, I am proud able to move side by side in the peace-keep- Cook Pharmaceutical Association, the Texas that an African-American holds such an im- ing efforts in East Timor, thanks to the envi- Pharmaceutical Association, the Texas Society posing NFL record. His rushing record shows able diplomatic skills of Ambassador Peacock. of Hospital Pharmacists and the American So- that anyone can achieve lofty goals, regard- My fellow colleagues, please join me in hon- ciety of Hospital Pharmacists. less of race. It is a record that will stand for oring Ambassador Peacock for dedicating his Born in 1925 in Whitesboro, the son of the many years and will remain a testament to life to his native land of Australia, to the cause late James Albert Hayes and Ruth Cherry Payton’s excellence. of human dignity, and to the cause of world Hayes, Dub graduated from Whitesboro High Teammate Mike Singletary, one of five who peace. Not only has Ambassador Peacock School, attended North Texas Agricultural Col- offered a tribute at Payton’s service, said if proven to be a true hero in Australia but also lege in Arlington and received his Pharmacy Payton saw people crying he would say: ‘‘Hold a great friend to the American people through degree from the University of Texas. He everything—I’m on hallowed ground. I’m run- his great efforts as Ambassador. On a per- served his county during World War II in both ning hills, I’m running on clouds. I’m running sonal level, I am blessed to consider him a the Pacific and European theaters. In 1949 he on stars. I’m on the moon.’’ friend of many years, and I will miss his pres- married his wife of 50 years, Ruth Helen ‘‘He affected so many people in a positive ence in our nation’s capital. His laugh, his Acker. way, not only through athletic prowess, but charm, and spirit has touched this city in so Dub is survived by his wife, Helen; three through his generosity and for the way he many ways. He has had a profound effect on children, Diane Hayes Gibson and her hus- lived his life,’’ said Ditka, the coach of that Australia, America, and the world. I wish him band, Mark; Dr. Jim Hayes of Dallas; and Bill Bears team that went 18–1. ‘‘Yeah, it isn’t fair. well on all of his new endeavors. Hayes and his wife, Kelly; four grandchildren, Laura and Robert Gibson and Sarah and Forty-five years on this Earth, you should be f in the prime of your life. But I think it warns Charlie Hayes; brother, Ed Hayes, and his us that tomorrow is not promised.’’ IN REMEMBRANCE OF DUB HAYES wife, Pat; sister-in-law Marjorie Acker Laney We will remember Walter Payton and his fa- and her husband, Bobby; three nieces and mous jersey number ‘‘34’’ that he wore first at HON. RALPH M. HALL two nephews. Jackson State and then with the Bears. We OF TEXAS Mr. Speaker, Dub Hayes was a truly great man who lived a life of devotion to his family, also will remember Payton in his Chicago uni- IN THE HOUSE OF REPRESENTATIVES his community, his church, and his profession. form with his trademark white headband. Wednesday, November 17, 1999 But most of all, we will remember Walter He was a community leader who led an exem- Payton for his pleasant smile, his warmth of Mr. HALL of Texas. Mr. Speaker, it is an plary life—and he was loved by all who knew character, and his will to achieve. honor for me to rise today to pay tribute to an him. We will miss him—but his memory will be kept alive in our hearts and in our thoughts— f outstanding individual and close personal friend, James W. ‘‘Dub’’ Hayes of Whitesboro, and his legacy will continue to be felt in IN HONOR OF ANDREW SHARP Texas, who died suddenly on October 3 of this Whitesboro and Grayson County. Mr. Speak- PEACOCK year. Dub was well-known and well-liked in er, as we adjourn today for the last time dur- Whitesboro and Grayson County as a promi- ing this century, I ask my colleagues to join HON. DENNIS J. KUCINICH nent community leader who genuinely cared me in paying our last respects to this out- OF OHIO about people. His influence will be felt for gen- standing man and great American—James W. ‘‘Dub’’ Hayes. IN THE HOUSE OF REPRESENTATIVES erations to come. Dub was honored as Outstanding Citizen of f Wednesday, November 17, 1999 Whitesboro three times—in 1965, 1978, and INTRODUCTION OF THE TELE- Mr. KUCINICH. Mr. Speaker, I rise today to 1994—a testimony to the contributions he HEALTH IMPROVEMENT ACT OF say farewell to a good friend and great leader, made to the life of his home town. At the time 1999 Australian Ambassador, Andrew Peacock. Am- of his death he was serving as a director of bassador Peacock will retire from his duties as the Grayson County College Foundation, the Australian Ambassador to the United treasurer of Whitesboro Citizens for Excel- HON. BRIAN P. BILBRAY States. There will be a celebration in his honor lence in Education and a member of the OF CALIFORNIA to commend him for his many accomplish- Whitesboro Economic Development Corpora- IN THE HOUSE OF REPRESENTATIVES ments and his lifetime service to his country tion Board of Directors. Wednesday, November 17, 1999 and to the world’s diplomatic corps. He was an ardent proponent of education, Mr. BILBRAY. Mr. Speaker, I rise today to Ambassador Peacock has had a brilliant ca- having served for 33 years as a Trustee of announce the introduction of H.R. 3420, the reer and has succeeded in every endeavor, at Grayson County College and as past presi- Telehealth Improvement Act of 1999. As we every level, and has done so with a joy of life. dent of the board. He served on the Board are learning, telemedicine services can dra- His life in public service began at the young from 1965, the year the school opened until matically improve upon the range of health age of 17, when he joined the Young Liberals 1997. care services available in medically under- in his native country, Australia. In just a few Dub also served as a charter member of the served areas through the use of telecommuni- short years, his incredible leadership skills and Texoma Blood Bank Board of Directors, a cations technologies and services. Telemedi- great wit carried him to the position of Presi- member of the Grayson County Airport Board cine can improve the delivery and access of dent of the Young Liberal Movement. Shortly and the Texoma Regional Planning Commis- health care services, and is especially useful afterwards, Mr. Peacock became Vice-Presi- sion, past president of the Chamber of Com- when a patient needs a specialist who is un- dent and then President of the Victorian Divi- merce, Rotary Club and Quarterback Club in available in his or her area. sion of the Liberal Party. Andrew Peacock Whitesboro. Dub was active in the First Bap- By relying on technologies ranging from made a great endeavor and entered Federal tist Church of Whitesboro, where he served for interactive video, e-mail, computers, fax ma- Parliament in 1966. As a parliamentarian, Mr. many years as deacon, treasurer and Sunday chines, and satellites, patients will be able to Peacock was instrumental in the nation’s for- School teacher. communicate with their doctors and receive eign affairs and industrial relations for almost Dub and his brother, Ed, owned and oper- the health care they need regardless of their 30 years. He redefined the Liberal Party in ated a retail pharmacy business in Whitesboro physical location. These telemedicine tech- Australia and has proved his love of Australia for 28 years. Dub also worked as a phar- nologies can be used to deliver health care, throughout his career. macist for 15 years at Wilson N. Jones Hos- diagnose patients, read X-rays, provide con- Mr. Peacock came to the United States from pital—and continued working until his death as sultation, and educate health professionals, Australia in February 1997 after resigning from a relief pharmacist and consultant. Dub will be among other things. the Federal Parliament. His accomplishments lovingly remembered as one of those phar- Telemedicine services reduce the cost of here have been immeasurable and note- macists who was willing to get up in the mid- health care by increasing the timeliness of worthy. Ambassador Peacock has helped pre- dle of the night to fill prescriptions for those care, reducing emergency transportation serve the outstanding relationship between the who were sick. costs, improving patient administration, and United States and our loyal ally, Australia. Re- He was a member of several professional strengthening the expertise available to pri- cently, Australia and the United States were organizations, including the Grayson, Collin, mary-care providers. Telemedicine services

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30812 EXTENSIONS OF REMARKS November 18, 1999 also help to bring services to medically under- during World War II. He founded the Endan- both through personal involvement with Middle served areas in a quick and cost-effective gered Ark Foundation, a non-profit association Eastern leaders and through tireless activism manner, and can enable patients to avoid trav- dedicated to the preservation and procreation in the American Jewish community. eling long distances in order to receive access of endangered animals. He established the Peggy Tishman is a nationally-recognized to health care. D.R. and Isla Miller Scholarship Fund to pro- philanthropic leader, whose devotion to the While the Balanced Budget Act of 1997 in- vide scholarships to deserving Hugo High Jewish community has been particularly inspir- cludes a provision that provides for some School graduates. D.R. established the non- ing. She was the first President of the merged Medicare reimbursement of telemedicine serv- profit Showman’s Rest Trust Fund to provide UJA-Federation, where she helped lay a ices, the Health Care Financing Administration plots, burials and proper markers for indigent strong foundation for the future success of the (HCFA) has interpreted it too narrowly and as show people. organization, and where she demonstrated the a result, has severely limited the services D.R. provided countless opportunities to cir- character and charisma that would make her which are covered. The Telehealth Improve- cus artists and fellow dreamers. He was a such an invaluable resource to a range of civic ment Act of 1999 will clarify the intent of Con- friend to all. In January, 1995, he was in- endeavors. gress regarding Medicare reimbursement for ducted into the Circus Ring of Fame in Sara- I am very pleased to join in this special trib- telemedicine services and increases telemedi- sota, Florida, with his wife and partner Isla ute, to express my enormous pride in IPF’s cine access to medically underserved areas. Marie Miller, who preceded D.R. in passing. fine work, and to salute the examples of dy- This legislation makes improvements to the D.R. Miller was an entertainer, a showman, namic public advocacy IPF’s honorees and way telemedicine services are currently regu- a family man, a veteran, and a model citizen leaders set every day. lated and reimbursed through the Medicare whose example of success and hard work f program, and applies to rural, underserved, shines like a beacon for all Americans who as- and frontier areas, including areas designated pire to improve their own lives and the lives of CONGRATULATING ST. SAVA’S as health professional shortage areas under others. D.R. Miller was believed by all who SERBIAN ORTHODOX CHURCH the Public Health Service Act. knew him. Mr. Speaker, I urge my colleagues in the Mr. Speaker, I ask that today the House pay HON. PETER J. VISCLOSKY House to support and cosponsor the Tele- tribute to Mr. Circus: D.R. Miller. OF INDIANA health Improvement Act of 1999. We must f IN THE HOUSE OF REPRESENTATIVES continue to provide access to health care to Wednesday, November 17, 1999 underserved areas and provide adequate re- A TRIBUTE TO ISRAEL POLICY imbursement to the hospitals and providers FORUM Mr. VISCLOSKY. Mr. Speaker, It is with that are currently providing these services. great pleasure that I congratulate St. Sava’s f HON. NITA M. LOWEY Serbian Orthodox Church in Merrillville, Indi- OF NEW YORK ana, as it celebrates its 85th Anniversary as a HONORING THE LATE D.R. IN THE HOUSE OF REPRESENTATIVES parish this Sunday. I would also like to take MILLER, ‘‘MR. CIRCUS’’ this opportunity to congratulate Reverend Wednesday, November 17, 1999 Jovan Todorovich on this glorious occasion. HON. WES WATKINS Mrs. LOWEY. Mr. Speaker, I rise today to On November 20th, St. Sava’s Serbian Or- OF OKLAHOMA express my thanks to Israel Policy Forum. thodox Church will open its 85th Anniversary IN THE HOUSE OF REPRESENTATIVES Since its founding in 1993, IPF has been a celebration at 9:30 a.m. at the church. Rev- vigorous and effective advocate for Middle erend Todorovich will begin with a liturgy, fol- Wednesday, November 17, 1999 East peace and Israel security. Few organiza- lowed by a blessing of a new icon painting, Mr. WATKINS. Mr. Speaker, today I pay tions have done so much to shape public atti- and a Parastos, or ceremony for the dead. Be- tribute to the late D.R. Miller, known as ‘‘Mr. tude’s about the peace process or to educate ginning at noon in the church’s small banquet Circus’’ to those who knew him best, for his decision-makers about the significance of hall in Hobart, Indiana, the celebration will decades of service to his fellow citizens, and American international leadership. continue with a Pomen ceremony, a wreath for his lifetime of providing laughter and fun to On November 20th, the directors, members, laying, taps, and a service by the American children of all ages. and friends of Israel Policy Forum will hold Legion in honor of all veterans from St. Sava’s D.R. Miller was born on July 27, 1916, in their second Tribute Dinner. In addition to congregation. A banquet will be served at 1:00 Smith Center, Kansas. But it was Hugo, the celebrating recent progress in the Middle East p.m. in the main hall in Hobart. Entertainment town in Oklahoma’s Third Congressional Dis- peace negotiations and welcoming Prime Min- will be provided by Drina Tamburitza, and trict that serves as the winter headquarters for ister Ehud Barak, this event will also be an oc- Nikola P. Kostich will be the guest speaker at his Carson & Barnes Circus, that D.R. called casion to recognize the outstanding contribu- this gala occasion. Nikola Kostich is an attor- home. tions of several remarkable individuals. ney from Milwaukee and is the lead counsel D.R. Miller passed away on September 8, Nathan Gantcher has devoted his consider- for the Serbian Republic and for the United 1999, in McCook, Nebraska—the very town able intellect and energy to the challenges of Nations International Criminal Tribunal for the where D.R.’s father and mother took D.R. and business, education, and community service. former Yugoslavia. his brother to see their first circus, on August A towering figure in the world of finance, he is A church of humble beginnings, St. Sava’s 24, 1924. widely respected for his exceptional profes- Serbian Orthodox Church was founded in In 1937, after numerous business ventures, sional skills and deep devotion to principle. 1914 in Gary, Indiana by about 200 immigrant D.R., his father and brother, founded the Robert Lifton has contributed to remarkable families. Today, it is home to 625 families. famed Al G. Kelly Miller Bros. Circus, adver- range of fields, including law, real estate, en- During the past 85 years, the congregation at tised as the 2nd Largest Circus in America, tertainment, finance, and health care. His per- St. Sava’s has worshiped in five different loca- and toured the U.S. for years. When Ringling sonal commitment to American-Israeli relations tions and weathered a major disaster when Bros. abandoned big top tents for buildings in is evidenced by his leadership of groups as one church building was destroyed by a fire. 1956, the Al G. Kelly Miller Bros. Circus be- the American Jewish Congress, AIPAC, the The history of the parish, from both a joyous came the World’s Largest Big Top Circus. Council on Foreign Relations, and many oth- and sorrowful perspective, will be remembered After several business and personal set- ers. Sunday when the church celebrates its 85th backs in the 1960s and 70s, D.R. roared back Norman Pattiz is the founder and Chairman Anniversary. with the Carson & Barnes Circus, which grew of Westworld One, the undisputed leader in The church’s roots go back to a group of and evolved into the 5 Ring Extravaganza that the radio industry, with some 7,000 affiliated Serbian immigrants who first formed a choir. continues to entertain and amaze children of stations worldwide. His business acumen is In 1914, the choir members began meeting for all ages. matched by a powerful commitment to quality church services at a hall located near 13th Av- In addition to his founding of two circuses, programming, and a creative understanding of enue and Washington Street in Gary. By D.R. gave of himself to make this world a bet- the media’s role in shaping a stronger society. 1915, they had built and consecrated a church ter place. D.R. served his country as a proud His devotion to promoting Middle East Peace in Gary at 20th Avenue and Connecticut member of the Army’s 273rd Artillery Division is prodigious, and he has pursued this goal Street. In 1938, a new church was built at

VerDate May 21 2004 10:24 Jul 29, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30813 13th Avenue and Connecticut Street. The con- community leader, he has undertaken his civic STOPPING ABUSE OF COMPREHEN- gregation remained there until 1978, when the duties with the utmost seriousness and pas- SIVE OUTPATIENT REHABILITA- church burned down. The congregation held sion, serving on several boards and organiza- TION FACILITY PROGRAM services at a hall located on their picnic tions. He serves on two local high school grounds in Hobart, while they raised money to boards, the YMCA board, and is a volunteer HON. FORTNEY PETE STARK build a new church in Merrillville. In 1983, the with LifeGift Organ Donation Program. He was OF CALIFORNIA church broke ground at 9191 Mississippi selected to serve as a Foreign Missionary and IN THE HOUSE OF REPRESENTATIVES Street in Merrillville, and in 1991, the church Church Planter for the Southern Baptist Asso- Wednesday, November 17, 1999 was completed and consecrated. ciation in Zimbabwe, Africa. Most recently, he Mr. Speaker, I ask you and my other distin- became part of an on-going Summer Leader- Mr. STARK. Mr. Speaker, one of the good guished colleagues to join me in congratu- ship Institute Program at Harvard University services in Medicare is the CORF (Com- lating the parish family of St. Sava’s Serbian designed to strengthen faith-based programs prehensive Outpatient Rehabilitation Facility) Orthodox Church, under the guidance of Rev- throughout urban communities in the United program, where beneficiaries recovering from an illness or operation can get a wide range erend Jovan Todorovich, as they prepare to States. of quality rehab services. celebrate their 85th anniversary. All past and Mr. Speaker, South Post Oak Baptist Unfortunately, there appears to be a loop- present parishioners and pastors should be Church has much to celebrate on its 40th an- hole in the law allowing the establishment of proud of the numerous contributions they have niversary. The church has been a haven for its ‘‘satellite’’ CORFs. In this scheme, doctors are made out of the love and devotion they have community. Since its beginnings four decades getting letters offering to rent part of their of- displayed for their church throughout the past ago through the last 8 years of unprecedented fice for the placement of a therapist. The rent 85 years. growth, South Post Oak Baptist Church should offered is often sight-unseen and is far above f be commended for its dedication to God and what is a reasonable rental rate. It is, in my HONORING SOUTH POST OAK commitment to the needs of its congregation opinion, a violation of the anti-kickback laws BAPTIST CHURCH and surrounding community. and is a way to get referrals that greatly drives up utilization and costs for Medicare. f To stop this proliferation of services we HON. KEN BENTSEN never knew we needed, I am introducing a bill, OF TEXAS CONGRATULATIONS TO THE UNI- with an effective date of today, to require that IN THE HOUSE OF REPRESENTATIVES VERSITY OF WISCONSIN’S FOOT- all CORF services be provided at one site. I Wednesday, November 17, 1999 BALL TEAM submit a letter from the HCFA Deputy Admin- istrator on this issue and on the steps Medi- Mr. BENTSEN. Mr. Speaker, I rise to con- care is taking to avoid fraudulent utilization in gratulate the members of the congregation of HON. TAMMY BALDWIN this area. The Administration is to be com- South Post Oak Baptist Church in my home OF WISCONSIN mended for its efforts to prevent abuse in this district of Houston, Texas for celebrating their area—but clarifying the law will also be help- IN THE HOUSE OF REPRESENTATIVES church’s 40th anniversary. The South Post ful. Oak Baptist Church family has been a pillar of Wednesday, November 17, 1999 DEPARTMENT OF HEALTH AND HUMAN the community, effectively ministering to its SERVICES, HEALTH CARE FINANC- members for four decades. Ms. BALDWIN. Mr. Speaker, I rise today to ING ADMINISTRATION, DEPUTY AD- South Post Oak Baptist Church was orga- congratulate the University of Wisconsin’s MINISTRATOR nized October 4, 1959 as a separate entity of football team. This has been an exceptional Washington, DC, Oct. 27, 1999. Almeda Baptist Church and was incorporated season for the Badgers in many respects. Hon. PETE STARK, in 1961. From its humble beginnings, the For the second straight year, the Badgers House of Representatives, Washington, DC. church has been a viable point of spiritual ref- DEAR MR. STARK: Thank you for your let- are off to play in a major NCAA Bowl Game. ter to the Administrator regarding contracts erence for the community. Under the leader- The Badgers could go to the Rose Bowl, just being mailed to doctors to open uncertified ship of Rev. Remus E. Wright, the member- as they did last year, or to another major bowl, mini-Comprehensive Outpatient Rehabilita- ship of the church has grown rapidly, from 300 depending on how other college teams fare in tion Facilities (CORFs) in physicians’ of- in 1991 to more than 4,500 members in 1999. the closing weeks of the season. On Saturday, fices. I am responding on her behalf, and I Over the past decade Rev. Wright and his a beautiful and unusually balmy day at Camp apologize for the delay in this response. You also stated that you earlier copied the Ad- wife Mia have worked to make South Post Randall, the Badgers sealed their ticket to a Oak Baptist Church, ‘‘A Positive Place in a ministrator on a letter you sent to the De- bowl game by defeating the Iowa Hawkeyes, partment of Health and Human Services’ Negative World.’’ Their endurance and tre- 41 to 3, and winning the Big Ten champion- (DHHS’) Office of the Inspector General re- mendous energy in addressing the needs of ship. garding this matter. You are requesting that South Post Oak Baptist Church’s congregation But securing the championship was not all the Administrator immediately put a halt to have served their community well. the proliferation of these ‘‘satellite’’ CORFs. that was celebrated on Saturday. Before near- The youngest of nine children born to I share your concern with the apparent ly 80,000 screaming Badger fans, tailback Ron Remus and Elizabeth Wright in Indianapolis, proliferation of satellite CORFs. Based on Dayne made history as he became the all-time Indiana, Rev. Wright answered the call to the the information furnished, the establishment rushing leader in NCAA Division I football. of satellite facilities is consistent with sec- ministry during his mid-twenties, becoming an Ron Dayne has finished his collegiate career tion 1861(cc) of the Social Security Act (the Associate Minister at Grace Apostolic church. with 6,397 yards—and is the favorite for win- Act). Section 1861(cc)(1) of the Act states He joined the Pentecostal Ambassadors and ning this year’s Heisman Trophy. that in the case of physical therapy (PT), oc- recorded two gospel albums on which he cupational therapy (OT), and speech pathol- sang, wrote and produced most of the songs. Ron Dayne’s historic record and going to a ogy (SP) services there shall be no require- Upon relocating to Houston, Pastor Wright major bowl game for the second straight year ment that the item or service be furnished at found his home at South Post Oak Baptist are only part of the triumphant season. The any single, fixed location. All other CORF services must be provided at the site of the Church, guiding the church into its largest ever whole team created this championship. It was particularly heartening to see the team come CORF approved for Medicare participation. period of growth. The Church’s focus has It should be noted that although the Act been on the family; the responsibilities of men; together when Coach Barry Alvarez was either exempts these services from the single, fixed special needs of our senior citizens; and ‘‘real coaching from his hospital bed or the coach’s location requirement, it does not exempt life’’ programs for youth. Rev. Wright’s focus box while waiting for knee replacement sur- them from any of the other CORF require- on families is a major reason why he now de- gery. ments. Since the CORF must make docu- votes his energy to ministering to more than The Badgers end the regular season with a mentation available to the state survey agency surveyor demonstrating that it fur- 2,500 families at South Post Oak Baptist 9–2 record. Congratulations to all the players, nishes all services in compliance with the Church. students and fans at the University of Wis- CORF requirements, we would expect the While Rev. Wright’s religious and spiritual consin. I look forward to enjoying the Fifth documentation at the CORF for services fur- obligations have always been paramount, as a Quarter at the bowl game. On Wisconsin! nished off-site would not be unlike that for

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR99\E18NO9.000 E18NO9 30814 EXTENSIONS OF REMARKS November 18, 1999 services furnished at the CORF. Also, state Bill helped the Department of Defense mented hostility and hatred toward officials en- survey agencies are not precluded from mak- through the evolutionary stages of defining its forcing the laws of Congress. Rather than per- ing visits to the off-site locations as nec- vision, leading to one of the largest non-weap- petuate the disregard and disdain for the gov- essary, to ensure that the CORF require- ments are met. on procurements—DTS. ernment and its laws, I urge my colleagues to Recently, a briefing on CORFs and out- Mr. Speaker, Bill Shively leaves a legacy of use their good offices to create a climate of patient rehabilitation facilities was held for public service that will be long remembered. decency and cooperation. Kevin Thurm, Deputy Secretary of DHHS. I But, more important to Bill, he leaves a legacy Mr. Speaker, while I deeply regret that Ms. presented the Health Care Financing Admin- to that is sure to inspire his family for genera- Flora has chosen to resign, I sincerely hope istration’ (HCFA’s) program integrity action tions to come. Despite the impact of his vi- that we take this opportunity to express our plan based on analysis we had initiated with sionary actions around the world, Bill Shively’s support for her and for the many Forest Serv- the HCFA Miami Satellite Office. The plan ice employees who share her concerns. I sub- includes intensified medical review in tar- No. 1 priority has been his family. Bill has geted areas, education of providers and fiscal been a dedicated father of three sons and a mit Ms. Flora’s letter to her fellow employees. intermediaries, and increased reviews of off- devoted husband to his wife, Betty. OPEN LETTER TO EMPLOYEES OF THE site locations. I believe these interventions Mr. Speaker, Bill Shively has done much for HUMBOLDT-TOIYABE NATIONAL FOREST and the increased oversight will curb inap- his country. We must take the time to pay trib- NOVEMBER 8, 1999 propriate growth of the providers until ute to great Americans like Bill, citizens who There is no easy way to say good-bye to a HCFA is granted statutory authority to re- share their special skills to make outstanding group of hard-working, dedicated employees quire that PT, OT, or SP be furnished at a and friends. But the time has come when I single, fixed location. contributions to their nation. Bill Shively may be retiring, but he has improved federal proc- must do just that. The best part of working Thank you for your interest in this matter. on this Forest is watching each of you per- Sincerely, esses and driven down costs to taxpayer— form your work so well. The results speak MICHAEL M. HASH, truly lasting contributions that will benefit our for themselves in the outstanding land stew- Deputy Administrator. country for generations to come. ardship and exemplary business practices f At a time when good role models are few found on this Forest. and far between, a time when people of integ- I have become increasingly troubled by the A TRIBUTE TO BILL SHIVELY ON rity are needed more than ever, Bill Shively is difficult conditions that so many of us face HIS RETIREMENT a shining example of how to achieve success in the state of Nevada. We now accept as commonplace unwarranted criticisms of and in our personal, professional and public lives. verbal attacks on federal employees. Offi- HON. JIM RAMSTAD Mr. Speaker, please join with me today to cials at all levels of government in Nevada OF MINNESOTA honor William Shively for all he has done to participate in this irresponsible fed-bashing. IN THE HOUSE OF REPRESENTATIVES help others. We wish him and his family all the The public is largely silent, watching as if Wednesday, November 17, 1999 best in his retirement and in all his future en- this were a spectator sport. This level of deavors. anti-federal fervor is simply not acceptable. Mr. RAMSTAD. Mr. Speaker, I rise today to It is not like this in other places! As you pay tribute to one of our nation’s best and f know, I’ve worked throughout the Inter- brightest business leaders. RESIGNATION OF NATIONAL FOR- mountain West: Montana, Idaho, Utah and By any measure of merit, William C. EST SUPERVISOR GLORIA FLORA Wyoming. Yes, there are arguments and Shively, is a truly visionary business leader. strong disagreements over land use policy, His hard work and pioneering efforts in the but they usually stay within the bounds of area of financial management and commit- HON. GEORGE MILLER reason. As tensions escalate, others weigh in OF CALIFORNIA with their opinions and the media does in- ment to public service are absolutely exem- depth investigative reporting. There is a plary—as well as an inspiration to us all. IN THE HOUSE OF REPRESENTATIVES sense of balance. Outlandish words and acts, Mr. Speaker, Bill Shively is retiring as Exec- Wednesday, November 17, 1999 regardless of the origin, are repudiated open- utive Vice President of the nationally recog- ly by reasonable community members. Con- nized Gelco Information Network in my Third Mr. GEORGE MILLER of California. Mr. structive collaboration and discourse are District of Minnesota. Speaker, Gloria Flora, forest Supervisor of the recognized as the methods to resolve com- Bill had the vision in 1992 to bring corporate Humboldt-Toiyabe National Forest in Nevada plex natural resource issues. Yes, things may America’s soundest financial management resigned last week, citing relentless ‘‘fed-bash- get heated but all people have a voice. The attitude towards federal employees practices to the federal government. In his ing.’’ Since becoming Supervisor of the largest national forest in the lower 48 just over a year and federal laws in Nevada is pitiful. People book Best Practices, Bill Shively identified in rural communities who do respect the law areas for immediate improvement and re-engi- ago, Ms. Flora has become embroiled in dis- and accept responsibility for complying with neering. He targeted official business travel putes over grazing, endangered species pro- it are often rebuked or ridiculed. They are within government since, in the corporate tection, and road closures. One of these dis- compared to collaborators with the Vichy world, travel is the third largest business ex- putes recently culminated in Elko County resi- government in Nazi-controlled France! Peo- pense behind payroll and data processing. dents, including public officials, illegally re- ple who support the federal government or Mr. Speaker, in 1995 the federal govern- building a forest road without federal permits, conservation of natural resources ask that they not be identified for fear of retaliation. ment was spending over $7 billion on official an act which in turn triggered a U.S. Fish and Wildlife Service emergency listing of the bull When I speak against the diatribes and half- business travel. Mr. Shively realized the gov- truths of the Sagebrush Rebellion, I am la- ernment was spending unnecessary overhead trout. At the forefront of these disputes are ex- beled a liar and personally vilified in an at- based on the outdated business processes tremists whose radical anti-government stance tempt to silence me. When I express concerns that governed federal travel. has translated into several instances of intimi- for Forest Service employees’ safety, I am The need for improvement in this arena, Mr. dation and harassment of federal land man- accused of inciting violence. Speaker, was the source for Bill’s vision to agers and acts of violence against public serv- This is the United States of America. All create a business unit dedicated to identifying ants and property. people have a right to speak and all people It is deeply distressing that public servants have a right to protection from discrimina- improvements and recommending solutions to tion. However, I learned that in Nevada, as a save taxpayer money. The vision’s underlying who are administering and enforcing the law federal employee, you have no right to theme was to save taxpayer money through are subjected to such hostile circumstances speak, no right to do your job and certainly the implementation of re-engineered systems that they are forced to leave their jobs and no right to be treated with respect. I could and processes. homes. We should keep in mind that federal go on and on with examples of those of you Mr. Speaker, the Government Services Divi- land managers like Ms. Flora are charged with who have been castigated in public, shunned sion of Gelco was born on March 1, 1995 and enforcing laws passed by the Congress and in your communities, refused service in res- was comprised of Bill and one other em- entrusted with public lands and natural re- taurants, kicked out of motels . . . just be- ployee. Since 1995, the business has grown sources that belong to all the people of this cause of who you work for. And we cannot forget those who have been harassed, called to close to 100 employees, supporting prod- country. before kangaroo courts, or had their very ucts and services utilized today within every For twenty years, the wise use movement in lives threatened. single federal executive agency within our its various forms—the Sagebrush rebellion, It disturbs me to think that two million government. states’ rights, county supremacy—has fo- people in this state watch silently, or worse,

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30815 in amusement, as a small percent of their Gotlieb, who serves as the liaison to Inter- trove of archival information for scholars of number break laws and trounce the rights of mediate School 303 and Public Schools 90, local history. others with impunity. Worse yet, there are 100, 209 and 253, is currently working on dif- elected officials who actively support these Special recognition must go to a number of ferent ways to protect our community’s chil- offenders. Those whose responsibility it is to key individuals involved. The project was ably dren. As a member of the District 21 School help us enforce the laws passed by Congress guided by Historical Society President Kath- Board, he has initiated the process of identi- and do our mandated jobs, always seem to arine P. Randall, Vice President Fracesca M. have a reason why action must be postponed. fying unsafe streets throughout District 21 to The Jarbidge situation is just another ex- ensure the safety of all pedestrians. And, Moskowitz, Secretary Ellen Kramer and Treas- ample of how certain elements would rather throughout this school year, Gotlieb will be urer Richard Ross. fight and excoriate the federal government hosting a series of Child Safety Programs that The renovation would not have been pos- than work towards a solution. These people need an ‘‘evil empire’’ to attack. When a will provide parents with free copies of their sible without the generosity of the late Ellen member of the United States Congress joins children’s fingerprints along with Polaroid pic- Berdais, a long-time member of the Historical forces with them, using the power of the of- tures to present to law enforcement personnel Society who died of cancer in 1995, just after fice to stage a public inquisition of federal in the event of an emergency. the project began. In her honor, the annex will employees followed by a political fundraiser, Further, as my Deputy Chief of Staff, Brian be named the Ellen Berdais Hall. In addition, I must protest. This member and others con- Lance Gotlieb has served as my liaison to the the main museum building will be named in tinue to do this, and we, as an agency, be- Board of Education and School Construction lieve that it is best to keep turning the other memory of its longtime curator, Wilma Uder. cheek. Enough is enough. I am not pro- Authority for the last three years. In addition, he is primarily responsible for the intake and The museum is housed in the 19th century moting conflict; I’m simply advocating that former First Congregational Church of Park our agency demands fairness and common resolution of constituent concerns in my Com- decency. It’s time to speak up. munity Office located in the Sheepshead Bay Ridge. During the three-year, $275,000 ren- But speaking up and continuing to work section of Brooklyn. ovation, the church building was substantially here are not compatible. By speaking out, I Gotlieb, who credits his late mother, Myrna, restored and a dilapidated barn was replaced cannot provide you, my employees, with a with teaching him the importance of helping with an 18,000-square-foot addition. Its exhib- safe working environment. And to date, I its include the facade of a country store, a have not been able to convince others that others and being active in the community, cre- the current atmosphere is unacceptable and ated the highly successful organization turn-of-the-century parlor, and a recreation of requires a proactive response. I refuse to Shorefront Toys for Tots in 1995. Founded in rooms from a small, Colonial-era home. Arti- continue to participate in this charade of his mother’s memory, Shorefront Toys for Tots facts include items the Leni-Lenape Indian normalcy. has helped bring Chanukah cheer to more tribe and early settlers used for trading, farm- Equally troubling is our limited ability to than 7,500 underprivileged children in the ing and manufacturing. A machine for making perform the mission of the Forest Service under these conditions. As stewards for pub- Shorefront community. the ‘‘wampum’’ ornaments Native Americans lic lands, entrusted with protecting and re- As a student at the Rabbi Harry Halpern once used as currency is part of the collection, storing natural resources for present and fu- Day School and its Talmud Torah High School along with a printing press from a local news- ture generations, we must be able to perform division, Gotlieb packed and delivered Pass- paper and a wooden horse used by a saddle those functions in a collaborative and coop- over packages to aid needy senior citizens. maker. erative manner. The health of the land is Gotlieb strengthened his bond with the Jewish paramount. community as an undergraduate and graduate The Historical Society was founded in the I am choosing to leave for my principles, 1930s by John C. Storms, publisher of the for my personal well-being, and so I can ac- student through his involvement with the Jew- ish Culture Foundation at New York University Park Ridge Local, and was formally incor- tualize my commitment to natural resource porated in 1942. A small group of area resi- management in a setting where respect and and B’nai B’rith Hillel at the University of Flor- civil discourse is the norm. I have no definite ida, where he served as a Reporter for the dents dedicated themselves to collecting and plans and I am not seeking special treatment Jewish Student News. preserving artifacts and written accounts of from the agency. I will stay at least until Gotlieb is a member of Community Board Pascack Valley history, and sharing the collec- the end of the year to help ensure a smooth- 13 and serves on it’s Education and Library tion through exhibits, lectures and a quarterly er transition to new leadership. and Youth Services committees. He also newsletter. The society’s collection was I leave you with my fondest wishes for con- housed in various locations until it found a tinuing your excellent work and gaining the serves his neighbors as a member of the fulfillment and respect that you all deserve. Board of Directors in Section 4 of Trump Vil- permanent home in 1952 with the purchase of As I told you when I first arrived, simply lage and as an Executive Board member of the church, which had been a Park Ridge demonstrate honesty, integrity and ethical the 60th Precinct Community Council. landmark since 1873. behavior and you will succeed. Thank you Mr. Speaker, I applaud the members of During its nearly half-century of operation, for the tremendous support you have given Brighton-Atlantic Unit #1671 of B’nai Brith for me, I couldn’t have asked for more from you. thousands of school classes, civic organiza- recognizing the achievements of Brian Lance tions, researchers and individuals have visited Sincerely, Gotlieb, a tireless worker for the people of GLORIA E. FLORA, the museum and attended the Historical Soci- Brooklyn and Queens. Forest Supervisor. ety’s lectures. Staffed entirely by volunteers, f f the museum has depended on the generosity CONGRATULATING THE PASCACK of its members and friends for financial sup- TRIBUTE TO BRIAN LANCE HISTORICAL SOCIETY port. GOTLIEB It became obvious in 1994 that the adjacent HON. ANTHONY D. WEINER HON. MARGE ROUKEMA bar—used as a meeting room, research cen- OF NEW YORK OF NEW JERSEY ter, storage area and workroom—was in such IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES a dangerous state of disrepair that its demoli- tion was ordered by the borough. With the Wednesday, November 17, 1999 Wednesday, November 17, 1999 loss of this facility, it was necessary to tempo- Mr. WEINER. Mr. Speaker, I rise today to Mrs. ROUKEMA. Mr. Speaker, I rise to con- rarily close the museum and begin a major recognize an upstanding member of our com- gratulate the Pascack Historical Society on the fundraising campaign to rebuild. Supports munity who is being recognized by the Brigh- recent restoration of its museum, and for all worked for five years to make the dream a re- the work the Society has done to preserve the ton-Atlantic Unit #1671 of B’nai Brith on the ality. occasion of its 1999 Youth Services Award heritage of the Pascack Valley. Breakfast. The Pascack Historical Society Museum, lo- I ask my colleagues in the House of Rep- Brian Lance Gotlieb has earned a well-de- cated in Park Ridge, New Jersey, is a wonder- resentatives to join me in commending the served reputation as a tireless fighter on be- ful collection of artifacts depicting life in the re- Pascack Historical Society and all its members half of the youth in our community, and is gion from the 18th Century through the early on the hard work and dedication that have rightfully honored for his achievements by 20th Century. It is a popular destination for preserved this American historic treasure for B’nai Brith on this special occasion. tourists and natives alike, and is a treasure- the benefit of all.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30816 EXTENSIONS OF REMARKS November 18, 1999 THE BICENTENNIAL OF MONROE, wear a giant foam cheese wedge on his head loves his family. for all these reasons, Stephen NEW YORK and still look pretty cool. A Green Bay Packer is a patriarch in the truest sense of the term. game may be one. Another, most definitely, is A pillar of integrity that all his family can lean HON. BENJAMIN A. GILMAN the Monroe Cheese Festival.’’ on in their hour of need and celebrate with OF NEW YORK Other long time traditions which permeate during times of joy. IN THE HOUSE OF REPRESENTATIVES Monroe are the Mombasha Fire Department, Mr. Speaker, it is often said, that the road Wednesday, November 17, 1999 over 100 years old, and the Museum Village, to the Underworld is paved with good inten- which preserves for tourists and scholars a tions. Contrary to this premise, Stephen M. Mr. GILMAN. Mr. Speaker, I am pleased to typical colonial community. The legendary Meltz has always had honor and a strong core note to our colleagues that the Town of Mon- showman, George M. Cohan, was a resident of moral beliefs and intentions, and his actions roe, New York, in my congressional district is of Monroe. When in his declining years the have always mirrored those values. Aristotle currently celebrating its 200th anniversary. classic motion picture biography of his life, said, ‘‘In the arena of human life the honors With its population estimated in 1996 to be ‘‘Yankee Doodle Dandy’’ was released, he and rewards fall to those who show their good nearly 26,000, the Town of Monroe has long was too ill to travel to New York City for the qualities in action.’’ Stephen’s rewards are been considered one of the major hubs of our grand premiere. So a special screening for both a devout family and loyal friends who Hudson River valley. Within the boundaries of Cohan and his family was arranged to take have witnessed his lifelong ‘‘good qualities in the Town are three incorporated villages: the place at the Mombasha Fire House. Mr. action’’ and will honor him over dinner on his Village of Monroe (incorporated in 1894), the Cohan applauded the portrayal of his life story sixtieth birthday. Village of Harriman (incorporated in 1914), by the legendary Jimmy Cagney. Mr. Speaker, lastly, I am particularly pleased and the Village of Kiryas Joel (incorporated in Today, as we stand on the threshold of a to have this opportunity to congratulate Ste- 1977). phen M. Meltz, on his sixtieth birthday, be- The Village of Monroe sprang up along a new millennium, the Town of Monroe and the cause his son Gary C. Meltz is a member of mill pond created by the construction of a dam three Villages within its boundaries all look for- my staff here in Washington, DC. Gary asked and grist mill constructed prior to the Revolu- ward to the third hundred years with a sense me to put into the CONGRESSIONAL RECORD a tionary War. Soon, stagecoach routes, inns, of confidence that the challenges of tomorrow speech to commemorate his father’s birthday. and taverns grew along Monroe’s Mill Pond, will be met. I am honored to do this for Gary and his fa- and soon the community became the eco- Mr. Speaker, I invite all of our colleagues to ther. I urge all my colleagues to join me now nomic and social focal point of the area. join with me in saluting the town of Monroe, The Village of Harriman was the site of a New York, on this milestone occasion. in wishing Stephen M. Meltz a happy sixtieth creamery and grist mill, which early in this f birthday and Godspeed. f century became the site of the estate of the TRIBUTE TO STEPHEN M. MELTZ railroad magnate Edward H. Harriman. The M.D. ANDERSON CANCER CENTER Village was named in his honor, and became the home of his son, Averill, who served as a HON. DAVID D. PHELPS OF ILLINOIS HON. GENE GREEN cabinet member, diplomat, and Governor of OF TEXAS IN THE HOUSE OF REPRESENTATIVES New York. IN THE HOUSE OF REPRESENTATIVES The Village of Kiryas Joel is the second le- Wednesday, November 17, 1999 gally incorporated community of Hasidic Jews Wednesday, November 17, 1999 Mr. PHELPS. Mr. Speaker, I rise today to in the world. The community is a unique vil- Mr. GREEN of Texas. Mr. Speaker, I wish pay tribute to Stephen M. Meltz on his sixieth lage where traditional values and the centrality to bring to the attention of my colleagues in birthday. Stephen will gather with his friends of family are the guiding principles of commu- the House of Representatives a recent article and family to celebrate this momentous occa- nity life. To preserve these values, Kiryas Joel about the wonderful medical advances at the sion just after Thanksgiving. Stephen was remains without television or radio. M.D. Anderson Cancer Center in Houston, born in Chicago, Illinois, on December 15, The entire Town of Monroe has enjoyed a Texas. The article tells the stories of two peo- 1939, to Jacob and Cecilia Meltz. He is mar- varied history over the past 200 years. In the ple, a young college student and the former ried to Nadine (Greenberg) Meltz and has two earliest days, it was known for its iron mines Speaker of the House Jim Wright, dealing with sons: David and Gary. Stephen has lived in and smelting furnaces. The famous giant cancer of the jaw and their experiences with Chicago his entire life. He attended college at chain which was stretched across the Hudson this once debilitating disease. Their respective the University of Chicago, receiving both his River to prevent invasion by the British army stories highlight the need to support our Na- undergraduate degree in political science and was forged in Monroe. The Monroe iron mines tion’s cancer centers and highlight how med- his M.B.A. at the prestigious university. He thrived as late as the 1880’s. ical advances can truly give Americans hope also served his country proudly in the United For many years, Monroe was the center of where none previously existed. a thriving dairy and cheese industry. We forget States Army Reserve. Reconstructing Lives by Mary Jane Schier— today that the concept of shipping fresh milk Stephen M. Meltz is currently the President For 19-year old James Smith, the quality of from the farm to the city is a relatively new of Stephen M. Meltz and Associates, a C.P.A. survival from cancer of the jaw is paramount concept which did not come about until the firm located in Lincolnwood, Illinois. It is a suc- in order to pursue his dream of playing profes- advent of the railroads. The Town of Monroe cessful business, where his clients know that sional football. was host to a variety of dairy farms, and be- the work done by Stephen’s firm is both pro- Smith is a junior majoring in health and ginning in 1841 what are now the Villages of fessional and honest. For the last year his son human performance at McNeese State Univer- Monroe and Harriman were the railroad termi- David Meltz has joined him at the firm, which sity in Lake Charles, LA, where he was an nals from which dairy products were shipped. now makes it truly a family business. But for outstanding defensive tackle until diagnosed But it is for cheese that Monroe is most fa- all the success Stephen has had in his profes- with a disease uncommon among teenagers. mous. Two types of cheese beloved through- sional life, I know that his family is his greatest He and his family were stunned to learn in out the world—velveeta and liederkranz—were sense of pride and accomplishment. November 1998 that he had a tumor in his invented in Monroe and originally manufac- Stephen has always made the best interests right mandible, the horseshoe-shaped bone tured at the factory operated by Emil Frey. of his family his primary concern. He has that forms the lower jaw. the mandible, he Today, the Monroe Cheese Festival is the taken care of his wife, his children, his par- knows, is the largest and strongest bone in biggest and most successful event held annu- ents, his wife’s parents and many members of the face. ally in Monroe. Conceived by Village Mayor his extended family with loving care. He saw Smith was forced to take an extended time- Robert Bonney—who tragically passed away to it that his children received the best edu- out from the football team to begin the biggest soon after he ‘‘sold’’ the festival idea to the cations available. He made sure that the final challenge of his young life. Upon coming to community—the cheese festival annually at- years of his and his wife’s parents were lived M.D. Anderson, he joined a new team whose tracts thousands of visitors of all ages to the with dignity and comfort. Like many fathers, members are nationally ranked for treating community from far and wide. his dedication to his family has sometimes head and neck cancers. In 1997, a local newspaper reporter wrote gone unnoticed, but he does not care for his The head coaches in the multidisciplinary that: ‘‘There are few places where a kid can loved ones for accolades, but because he treatment regimen that Smith received are Dr.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30817 Helmuth Goepfert and Dr. Geoffrey L. Robb, have good blood vessels to transfer with the sult in the forced divestiture of billions of dol- who chair the Department of Head and Neck tissues. Regardless of age, Dr. Robb says, lars of Comsat shareholder investment in Surgery and the Department of Plastic Sur- ‘‘Our primary aim is to restore form, contour Intelsat infrastructure—investment undertaken gery, respectively. For the coaches and their and function to the body parts affected by can- often at the behest of the U.S. Government. specialty colleagues, the common goal centers cer surgery so that patients can enjoy the Level 4 direct access simply guts the eco- on removing patients, cancers and restoring highest quality of life.’’ nomic rationale for a private company to in- optimal form and function. For Wright, being able to talk, chew, swal- vest in Comsat. Indeed, that may be the ra- Smith’s surgery 3 days before last Christ- low and look virtually normal is a ‘‘miracle’’ tionale behind this provision: to dissuade mas involved cutting out his diseased jaw and stemming from remarkable medical progress Lockheed from acquiring Comsat. If that is the reconstructing the mandible with bone and tis- and his religious faith. ‘‘The good news is that case, it would be a cynical attempt to manipu- sue taken from his left leg. Although he cancer is conquerable’’ and ‘‘useful life is late the free market in the name of ‘‘competi- couldn’t talk or eat his favorite pizza for a prolongable.’’ tion.’’ This provision must be changed in con- while, Smith says now, ‘‘I’m getting stronger Realizing the best quality of cancer survival ference. Similarly, Congress should simply re- every day . . . and I’m eager to play again.’’ for Smith, however, will occur when he can re- peal the ownership cap on Comsat upon en- At the other end of the age spectrum is turn to the football field. During a recent fol- actment of final consensus legislation, rather former U.S. House Speaker Jim Wright, who low-up visit to M.D. Anderson, his doctors en- than making it contingent upon occurrence of at age 76 also illustrates the importance of couraged him to continue that dream. unrelated events as it does now. high quality in one’s life. f Other outstanding differences between the I’ve always been a talker, so I was a little House and Senate have been raised by other concerned before the surgery that I wouldn’t COMMUNICATIONS SATELLITE Members and must similarly be resolved in be able to talk well enough for people to un- COMPETITION AND PRIVATIZA- conference. I urge Chairman BLILEY to work derstand me,’’ confides Wright, a Fort Worth TION ACT OF 1999 with Mr. DINGELL toward a consensus, notably Democrat whose 34-year span in Congress on the privatization criteria, which serve as SPEECH OF was complete in 1989. FCC licensing criteria, and must be made During more than 13 hours of surgery at HON. FRANK PALLONE, JR. more flexible. M.D. Anderson last March 12, Wright’s can- OF NEW JERSEY Again, I consider myself as a supporter of this bill. The Congress has been very shrewd cerous right mandible, an adjacent segment of IN THE HOUSE OF REPRESENTATIVES the tongue and eight teeth were removed, in letting the telecommunications marketplace Wednesday, November 10, 1999 then a six inch piece of bone from his left leg work its will towards fair competition. We was used to form a new jaw. Skin from his left Mr. PALLONE. Mr. Speaker, I wish to com- should use this opportunity to continue that thigh overlying the bone was also transplanted mend the distinguished Chairman of the Com- successful record. I urge the conferees to con- to replace part of his inside of his mouth and merce Committee, Chairman BLILEY, and sider these issues when crafting a final pack- tongue and the external skin of his cheek. Chairman TAUZIN, who have worked diligently age to present to the Congress and ultimately ‘‘Believe me, I feel truly blessed,’’ Wright to bring satellite privatization legislation before the President. says in a strong and clear voice. the House in these last days of this Session. f His gratitude has been enhanced by recall- This bill is an important step toward legislation A TRIBUTE TO FREDERICK C. ing how his father lost a jaw to cancer more that will advance increased competition in the MALKUS, JR. than 30 years ago. ‘‘There was no thought global satellite telecommunications market. then of replacing it with bone from somewhere When the House passed this bill last year, else in the body . . . (He) spent his last days it was with the firm belief that time and tech- HON. STENY H. HOYER with a facial disfigurement that was the mark nology had passed by the 1962 law that cre- OF MARYLAND then of many cancer victims,’’ Wright remem- ated COMSAT. In spite of the overwhelming IN THE HOUSE OF REPRESENTATIVES bers. House support, the bill was stalled over con- Wednesday, November 17, 1999 This was Wright’s second bout with an oral cerns raised by colleagues in the other body. Mr. HOYER. Mr. Speaker, I rise to pay trib- cancer. In 1991, he had surgery at M.D. fol- Since that time, Lockheed Martin has arrived ute to a great statesman and leader in the lowed by radiation treatments. Since his latest on the scene to buy COMSAT and make it a State of Maryland. With the death of former extensive surgery, he has resumed most of normal, private company without legal immuni- state Senator Frederick C. Malkus, Jr., on No- his favorite activities, including writing a reg- ties or exclusive access to the Intelsat system. vember 9, Maryland, as well as the entire ular newspaper column and, of course, ‘‘talk- This is exactly what the proponents of the Bli- Country, lost a great patriot and a dutiful pub- ing with anyone who’ll listen.’’ ley-Tauzin bill want and is yet another exam- lic servant. Intensive collaboration among head and ple of the marketplace being ahead on Con- Frederick C. Malkus, Jr. died at the age of neck surgeons and plastic surgeons in recent gress. 86, having spent all of his adult life in the years has ‘‘greatly improved our ability to To date, Lockheed has followed regular service of his fellow citizens. Senator Malkus, resect all sizes of tumors and to restore vital order in its acquisition of COMSAT. It has re- a conservative Democrat, served in the legis- function and appearance as well as to extend ceived the approval of both the Federal Com- lature for 46 years—12 in the House of Dele- survival,’’ observes Dr. Goepfert, who holds munications Commission and the Department gates and 34 in the Senate—before retiring in the M.G. and Lillie A. Johnson Chair for Can- of Justice to acquire 49% of COMSAT. Neither 1994. Upon his retirement, he was the longest cer Treatment and Research. federal agency felt that competition or anti- serving State Legislator in the United States. New methods developed by plastic sur- trust laws were threatened by Lockheed Mar- Born July 1, 1913, in Baltimore, Senator geons permit reconstruction of the oral cavity tin’s purchase. Malkus moved to the 380 acre Egypt Road safely and with increasingly good outcomes. Now it is Congress’ turn to weigh on this farm, nine miles outside of Cambridge, on The key to success involves transferring tis- issue and I believe that this bill goes to great Maryland’s Eastern Shore where he was sues—together with vital blood vessels and lengths to achieve honest and fair competition raised there by his aunt and uncle. He spent nerves—from elsewhere in a patient’s body to in the satellite competition in the satellite com- the past 83 years on the working farm that use for rebuilding parts of the head and neck munications market. I also believe that we can produces wheat, corn, and soybeans. He affected by cancer. complete legislative action on this bill before graduated for Western Maryland College in Dr. Robb explains, ‘‘The head and neck is Congress leaves this year, which I understand 1934 and received his law degree four years the most difficult area to reconstruct. But the Chairman has said he intends to do. But later from the University of Maryland Law through specialized Micro vascular techniques, as we move toward that legislative objective, School. During World War II, Senator Malkus we can move tissues, muscle, fat and bone, it is important that we realize that certain served in the U.S. Army and rose to the rank along with their blood supply, to use in re- issues must be addressed before we can de- of major. He returned to Maryland and in 1947 shaping jaws, the tongue, and parts of the clare a victory for the private competitive mar- won a seat in the House of Delegates. nose, ears, and throat.’’ ketplace. He was, Mr. Speaker, an unforgettable indi- Age is no obstacle for performing big recon- First of all, there is the issue known as vidual who was a wonderful servant to Mary- structive procedures so long as older patients ‘‘Level IV direct access’’. In effect, it would re- land and America. To know Fred Malkus was

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30818 EXTENSIONS OF REMARKS November 18, 1999 to know how deeply he cared for rural Amer- Christian Temperance Union (WCTU) will cel- THE BOOKER T. WASHINGTON ica and more specifically for the Chesapeake ebrate 125 years in existence, making it the LEADERSHIP INSTITUTE AT Bay region. Senator Malkus was at the fore- oldest, continuing, nonsectarian Christian HAMPTON UNIVERSITY front of the fight to save the Bay. Even though woman’s organization in the United States. he was pro-business in his views, he was a Their motto is ‘‘For God and Home and Every great environmentalist. His legacy will no Land.’’ HON. ROBERT C. SCOTT doubt live on and serve as a model for future Directed entirely by women from its begin- OF VIRGINIA leaders of our State and our Country. ning, the WCTU has united women from var- Senator Malkus is survived by his wife of 41 ious backgrounds and geographical regions in IN THE HOUSE OF REPRESENTATIVES years, the former Margaret ‘‘Maggie’’ Moorer, their determination to educate the world about his son, Frederick C. Malkus III, two daugh- the dangers associated with the use of alco- Wednesday, November 17, 1999 ters, Margaret Elizabeth ‘‘Betsy’’ LaPerch, and hol, tobacco, and other drugs. Throughout the Mr. SCOTT. Mr. Speaker, I am pleased Susan Moorer Malkus, and three grandsons. years, the WCTU has advocated for universal today to introduce ‘‘The Booker T. Washington f voting rights for women and minorities, the Leadership Act of 1999’’. This legislation will eight-hour work day, equal pay for equal work, establish the Booker T. Washington Leader- HONORING JACK A. BROWN III opposition to child labor, shelters for abused ship Institute at Hampton University in Hamp- women and children, and world peace. In HON. EDOLPHUS TOWNS 1945, the WCTU became a charter member of ton, Virginia. OF NEW YORK the United Nations Non-Governmental Organi- Booker T. Washington is perhaps the most IN THE HOUSE OF REPRESENTATIVES zations (NGO). renowned alumnus of Hampton University. His Their first National president, Annie Wednesday, November 17, 1999 vision championed the idea that black colleges Wittenmyer, was thanked by Presidents Abra- and universities should embrace the responsi- Mr. TOWNS. Mr. Speaker, I want to recog- ham Lincoln and Ulysses S. Grant for her bility not only to train men and women in their nize the achievements of Jack A. Brown III. work during the Civil War in organizing diet disciplines and trades, but to create and sus- Jack is a native New Yorker who was born kitchens in military hospitals. Their second Na- tain new institutions and communities driven and raised on the lower east side of Manhat- tional president, Frances E. Willard, was hon- by the principle of service—service to God, tan. He currently resides, in my district, in the ored in 1905 by having her statue placed in country, and humankind. Clinton Hill section of Brooklyn. Jack has had the Statuary Hall of the U.S. Capitol—the first a distinguished seven-year career with the woman and the only woman to be honored for The mission of this Institute reflects this vi- Correctional Services Corporation (CSC). The more than 50 years. The current National sion. It is based on Hampton University’s fun- Corporation is a private company contracted president of the WCTU is Sarah Ward, a resi- damental premise that leadership development by local, State, and Federal Corrections De- dent of the great State of Indiana, and I wish is best understood and achieved in the moral partment to provide concrete services to the her all the best in her endeavors with the context of social responsibility and service to inmate population. As the Vice President of WCTU as they continue their good work for society. The Institute will be committed to the Correctional Services Corporation Community the protection of the home. development of ethical values, interpersonal Services Division, Mr. Brown maintains overall f skills and the competencies that are required responsibility for the day to day operations of A TRIBUTE TO JENNIFER for effective leadership in a broad range of the five New York programs. These programs, business, civic and political environments. three for the Federal Bureau of Prisons and MUMMERT two for the New York State Department of Hampton University is uniquely prepared to Corrections, are designed to provide inmates HON. JERRY LEWIS launch this Institute. For the past 130 years, with the tools necessary to successfully re- OF CALIFORNIA Hampton University has promoted higher edu- integrate back into their prospective commu- IN THE HOUSE OF REPRESENTATIVES cation and positive character development as nities as self-sufficient, responsible, law abid- the cornerstones of effective leadership and Wednesday, November 17, 1999 ing citizens. responsible citizenship. Initially founded in Prior to his employment with CSC, Jack Mr. LEWIS of California. Mr. Speaker, I 1868 to train promising young men and served as an officer in the United States would like today to pay tribute to Jenny women to teach and lead their recently eman- Army’s Air Defense Artillery Division for four Mummert, a hardworking, highly valued staff cipated people, it has grown into a com- years. He is a graduate of the State University member of the Defense Subcommittee of the prehensive university, offering a broad range of New York at Buffalo with a Bachelor’s de- House Appropriations Committee, who is leav- of technical, liberal arts, pre-professional, pro- gree in Human Services, with a concentration ing November 19th after eight years to pursue fessional and graduate degree programs. Over in mental health, and Biology. During his aca- her career in the private sector. the past twenty years, Hampton University has Whether she was putting in long days and demic years, he gained invaluable experience doubled the student population from 2,700 to endless hours working on behalf of our na- in the field of human services holding posi- 7,000, and the average student SAT score tional defense—or struggling to look serious at tions as Physiatrics Counselor, Chemical De- has increased by 300 points. Forty-five aca- pendency Counselor and Youth Counselor. In the Paris Air Show—Jenny Mummert couldn’t demic programs have been added, including December, Jack expects to earn a double help being her ever-positive self. She has al- graduate degree programs in Business Admin- Masters degree, an MBA and a Master of ways been a vital member of the team, doing Science and Economic Development, from the all she can to make the defense appropria- istration, Museum Studies, Applied Mathe- University of New Hampshire. tions subcommittee the best committee in the matics and Chemistry, with PhD programs in I wish Jack Brown success in his future en- House of Representatives. Physics, Pharmacy, Physical Therapy and deavors and I commend his achievements to Now she has decided to leave us to seek Nursing. Over 40% of Hampton University my colleagues’ attention. new challenges and opportunities. But she will graduates enter graduate school within 5 f always be a part of our family. We know that years. her husband, Joe, and their four children, The Booker T. Washington Leadership Insti- TRIBUTE TO NATIONAL WOMAN’S Joey, Kandyce, Kevin and Karley, are excited tute combines the heritage of Hampton Uni- CHRISTIAN TEMPERANCE UNION about her new career. But they are very likely versity with the vision of Booker T. Wash- just as excited about the prospect of mom ington, to educate young people with the having a more normal work schedule. HON. DAN BURTON knowledge, skills, insights, and positive values Mr. Speaker, I ask you and my colleagues OF INDIANA necessary for leading the United States into IN THE HOUSE OF REPRESENTATIVES to join me in wishing all the best for Jenny in her new endeavor, and to let her know that we the new millennium. Wednesday, November 17, 1999 will miss her every day and will always be Mr. Speaker, I submit the Booker T. Wash- Mr. BURTON of Indiana. Mr. Speaker, on grateful for what she’s done for the Congress ington Leadership Act for my colleagues con- November 18, 1999, the National Woman’s and our national defense. sideration.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30819 SENSE OF HOUSE REGARDING he began his teaching career at Langdale As original sponsor of legislation designed DIABETES School in 1949. On September 24, 1954, he to repeal Section 907 of the Freedom Support became the principal of the Chambers County Act, I would like to draw your attention to a SPEECH OF Training School (renamed Southside Elemen- statement in the New York Times, that ap- HON. GERALD D. KLECZKA tary School during the 1970–71 school year) peared on November 3, urging to loft ‘‘the ban and remained its principal for 27 years until OF WISCONSIN on giving Azerbaijan the same kind of eco- his retirement on May 28, 1976. The Cham- nomic assistance that it provides to all other IN THE HOUSE OF REPRESENTATIVES bers County Board of Education by official ac- former Soviet republics. This would serve both Tuesday, November 16, 1999 tion renamed the school, now a middle school to recognize the risks that Heydar Aliyev, Mr. KLECZKA. Mr. Speaker, I am proud to for grades 6–8, in Professor Powell’s honor on Azerbaijan’s President, has taken for peace be a cosponsor of this important resolution ex- May 19, 1999. and begin to bring about more realistic atti- pressing our continued commitment to the During his career and after his retirement, tudes in Armenia. If we are to be an effective fight against diabetes. Mr. Powell was active in the Lafayette, Ala- broker, we must adopt a balanced approach.’’ Diabetes is one of the most costly health bama, community. He served on the Cham- f problems in America. More than 1 out of every bers County Industrial Board and was active in PERSONAL EXPLANATION 10 health care dollars in the United States, the Chambers County Extension Service. His and about 1 out of every 4 Medicare dollars is community involvement included the Red spent on care for people with diabetes. Cross, the United Givers Fund, Powell Chapel HON. SOLOMON P. ORTIZ The devastation caused by diabetes, how- United Methodist Church, the Chambers OF TEXAS ever, goes far beyond the financial costs. Over County Retired Teachers organization and IN THE HOUSE OF REPRESENTATIVES 16 million Americans suffer from this chronic senior citizens’ groups. Even now, at the age Wednesday, November 17, 1999 of 87, Professor Powell is president of the Bir- disease for which there is no cure. Diabetes is Mr. ORTIZ. Mr. Speaker, during the fol- the seventh leading cause of death in the mingham Rehabilitation Center where he re- sides. lowing rollcall votes, I was unavoidably de- United States. tained. Had I been present, I would have While over 10 million Americans know that In 1991, the Lafayette City Council pro- claimed John Powell Day in Lafayette. In the voted as indicated below. they are living with diabetes, another 5.4 mil- Rollcall No. 587, ‘‘yes’’; rollcall No. 588, lion people are not even aware that they have resolution issued, Mr. Powell was commended for his community involvement and his leader- ‘‘yes’’; rollcall No. 589, ‘‘yes’’; rollcall No. 590, the disease. Many people only realize that ‘‘no’’; rollcall No. 591, ‘‘yes’’; rollcall No. 592, they have diabetes when they develop a life- ship, particularly in the fields of education, in- dustry and race relations. Now, once again, he ‘‘yes’’; rollcall No. 593, ‘‘yes’’; rollcall No. 594, threatening complication like blindness, kidney ‘‘yes’’; rollcall No. 595, ‘‘no’’. disease, nerve damage, heart disease or is being recognized for what he has done to stroke. promote respect between races and the value f Early diagnosis and treatment can help re- of education for his students. Most important, A PROPOSAL TO GUARANTEE duce the risk of these terrible complications. I however, he is recognized for his life-long HEALTH INSURANCE TO EVERY am pleased to note that constituents in my commitment to public service. AMERICAN CHILD BORN IN THE I join the residents of Chambers County in district have access to a number of out- NEXT CENTURY: SEEKING IDEAS thanking John P. Powell and saluting him on standing diabetes education programs, includ- AND COMMENTS ON THE PRO- this special day of recognition. ing those at the Children’s Hospital of Wis- POSAL consin, Clement J. Zablocki VA Medical Cen- f ter, Columbia Hospital, Froedtert Memorial Lu- CONDEMNING ARMENIAN HON. FORTNEY PETE STARK theran Hospital, St. Francis Hospital, St. ASSASSINATIONS OF CALIFORNIA Luke’s Medical Center, Waukesha Memorial IN THE HOUSE OF REPRESENTATIVES Hospital, and West Allis Memorial Hospital. SPEECH OF The resolution before us today recognizes the HON. PETER T. KING Wednesday, November 17, 1999 important role that these dedicated health pro- OF NEW YORK Mr. STARK. Mr. Speaker, it is a national fessionals and volunteers play in the fight IN THE HOUSE OF REPRESENTATIVES disgrace that 11.1 million children in the against diabetes. United States still do not have health insur- Mr. Speaker, these health providers and Tuesday, November 16, 1999 ance as we enter a new millennium. their patients need our help. Improvements in Mr. KING. Mr. Speaker, I rise today to ex- What we have done so far has not worked. technology and the general growth in scientific press my concern about the violence that re- Since 1996, the numbers and percentages of knowledge have created unprecedented op- cently took place in Armenia. The Prime Min- children without insurance have actually crept portunities for advances that might lead to bet- ister and the Speaker of the Parliament, as upward. They have not yet reached a statis- ter treatments, prevention, and ultimately a well as other prominent Armenian politicians, tically significant degree of increase, but we cure. Congress has a responsibility to support were killed in a hail of gunfire on the floor of are moving in the wrong direction. this critical, life-saving research. I urge my col- the Armenian Parliament. The web of programs we pieced together in leagues to support this resolution and affirm Besides my deep concern and sympathy for 1997, CHIP/Medicaid/transitional Medicaid, are their commitment to find a cure for diabetes. the individuals who were brutally murdered failing to get health insurance coverage to f and for their families and friends, I fear that more children. this event could cause a delay or postpone- We need to come back to this question, and IN RECOGNITION OF JOHN P. ment of the peace talks currently underway find something that will work. America’s chil- POWELL between Armenia and Azerbaijan. Thankfully, dren deserve health insurance. both governments have stated that the peace I have begun to develop a bill to address HON. BOB RILEY process will not be interrupted by this tragic this problem, currently in a rough draft form, OF ALABAMA event. which is based on the idea that we need a IN THE HOUSE OF REPRESENTATIVES Armenia should step up its efforts to push simple and comprehensive solution: the peace process along. The conflict between We want every child in America to have Wednesday, November 17, 1999 Armenia and Azerbaijan has been going on for health insurance. Mr. RILEY. Mr. Speaker, I rise today to rec- 11 years now, and more than 30,000 people Every child in America is issued a birth cer- ognize John P. Powell, who was honored on have been killed and over a million refugees tificate and social security number at birth. November 14, 1999, at the official dedication created on both sides, including over 800,000 Let’s automatically enroll every child at birth of the newly named J.P. Powell Middle School in Azerbaijan. It is time to reach a peace into a Medicare-type program; call it in Chambers County, Alabama. agreement, and Presidents Heydar Aliyev of ‘‘MediKids.’’ John P. Powell was born in Chambers Azerbaijan and Robert Kocharian of Armenia MedKids will be both an umbrella and a County, Alabama, on September 13, 1912. have met four times in recent months to dis- safety net for all of the other programs insur- After graduating from Florida A&M University, cuss such a settlement. ing our children, so that no child will ever fall

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30820 EXTENSIONS OF REMARKS November 18, 1999 through the enrollment cracks again, much in the United States to construct a decent life. tence in Cuba for starting an independent less 11.1 million children. Mr. Tsivicos holds a Bachelor’s Degree and news agency; Baton Haxhiu, editor of Our current approach places the burden on MBA from Fairleigh Dickinson University and a Kosovo’s leading independent newspaper, already disadvantaged parents. State and Masters Certificate from George Washington ‘‘Koho Ditore,’’ which he continued to publish local enrollment and welfare workers are un- University, where he received numerous scho- from exile after eluding Serbian police; Jugnu able to determine which families match var- lastic awards and honors. Mohsin and Najam Sethi, publisher and editor ious programs—much less process pages of Mr. Tsivicos has also become an outspoken of ‘‘The Friday Times’’ of Lahore, Pakistan— forms and documentation in order to enroll community leader. He serves on the Ethnic last spring, Sethi was beaten, abducted, and children in health insurance. Advisory Council of New Jersey and he has jailed after the paper published charges of Instead, I propose we do what’s right, sen- been elected President of the Cyprus Federa- government corruption; and Maria Cristina sible, and directly accomplishes the goal of tion of America. He is a member of the Arch- health insurance for all of our children: (1) En- diocesan Council of the Greek Orthodox Caballerio, a reporter for Colombia’s roll every child in MediKids automatically at Church of America and is an Archon of the ‘‘Semana,’’ who received frequent death birth; and (2) allow parents who do have other Ecumenical Patriarchate. Mr. Tsivicos is on threats as a result of her work covering the choices for a child’s health insurance to attach the Advisory Board of the Center for Byzantine country’s civil war. evidence of coverage to their tax forms, thus and Modern Greek Studies of Queens Col- Mr. Speaker, too often we take a free press exempting themselves from the premiums lege, and on the Board of Directors for the for granted. CPJ and this year’s honoree’s re- used to finance MediKids. Foundation of Hellenic Studies, the Greek mind us that press freedoms are vital to the Children are relatively inexpensive to insure, American Chamber of Commerce, and the functioning of democratic government and that but this program will have a budget impact. I Council of Overseas Cypriots. journalists often risk their lives to assure that am developing a plan for covering the costs of Savas Tsivicos is a proud American who the rest of us know the truth. this program. Ultimately, however we pay for has not forgotten his roots. He is imbued with it, we must make the stand that some things determination to bring justice and freedom to f are wotrh spending money on, particularly in Cyprus and has served as Vice President of this time of unprecedented, record-breaking the International Coordinating Committee Jus- EXPRESSING SUPPORT OF CON- economic growth. tice for Cyprus. A very successful business- GRESS FOR RECENT ELECTIONS My staff and I will be refining this bill over man, Mr. Tsivicos is president and owner of IN REPUBLIC OF INDIA the holiday recess. For example, we will want Paphian Enterprises, Inc. He is married to to adjust the MediKids program to cover the Maria Tsivicos and they have three children, specific services which children need. As our Haralambos, Elpetha and Evangelos ages 11, SPEECH OF work progresses, we will be posting our drafts 9 and 6. on our website, http://www.house.gov/stark The Panpaphian Association is now led by HON. GARY L. ACKERMAN and we invite everyone to visit the site and Florentia Christodoulidou, and supported by: OF NEW YORK offer their input. George Sophocleous, Debbie Riga We plan to introduce this bill at the start of Evangelides, Spyros Stylianou, Michael IN THE HOUSE OF REPRESENTATIVES the next Congressional session—the first of Hadjiloucas, Kyriaki Christodoulou, Irene Tuesday, November 16, 1999 the new millennium. I invited all of my col- Theodorou, Andreas Pericleous and George leagues, and everyone in America who cares Theodorou, plus the Advisory Board, Stavors Mr. ACKERMAN. Mr. Speaker, I rise in sup- about the health of our children, to join us in Charalambous, Annoula Constantinides, port of H. Con. Res. 211. First let me thank developing this idea, and to co-sponsor this Andreas Chrysostomou, Anna Chrsostomou, Mr. GEJDENSON, Mr. LANTOS, Mr. BROWN, and important effort to get every millennium baby Savvas Konnaris, Georgios Kouspos, Chrusi Mr. HASTINGS for co-sponsoring this resolution. off to a good start. Kleopas Notskas, Ismini Michaelides, and Mr. Speaker, the contrasting events in India f Evan Tziazas. Mr. Speaker, I salute Mr. Savas Tsivicos and Pakistan over a single 24 hour period IN HONOR OF THE PANPAPHIAN and the work of the officers and friends of the speak eloquently about the new challenges ASSOCIATION AND SAVAS C. Panpaphian Association of America. and opportunities that we face in South Asia. TSIVICOS f In India, we have seen hundreds of millions of voters enthusiastically exercise their votes in a HON. CAROLYN B. MALONEY 1999 INTERNATIONAL PRESS free and fair election. In Pakistan, we wit- FREEDOM AWARDS OF NEW YORK nessed a military coup. IN THE HOUSE OF REPRESENTATIVES This resolution, Mr. Speaker, recognizes Wednesday, November 17, 1999 HON. CONSTANCE A. MORELLA that the people of India have a deep and abid- OF MARYLAND ing commitment to democracy and it salutes Mrs. MALONEY of New York. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES I rise today to pay special tribute to the them for the passion with which they choose Panpaphian Association, its members, friends Wednesday, November 17, 1999 their own destiny. No country reflects our own and special honoree, this year, Savas Mrs. MORELLA. Mr. Speaker, I want to con- values more in that part of the world than Tsivicos. gratulate this year’s recipients of the 1999 does India. The Panpaphian Association was founded in International Press Freedom Awards, pre- It is high time we seriously begin to recog- 1987, by a group of Cypriot-Americans of sented by the Committee to Protect Journal- nize this fact and graduate from mere plati- Paphian ancestry in order to encourage and ists (CPJ). tudes to some tangible policy changes toward help promote awareness of the customs and CPJ was founded by American journalists in India. traditions of the region of Paphos and Cyprus. 1981 to defend the ‘‘human and professional It is a vital philanthropic organization con- rights of journalists around the world.’’ CPJ I believe that it is time to re-examine our cerned with education, the health and well- works to protect reporters who are threatened basic premise regarding U.S. policy in South being of students from the United States and by authoritarian regimes and other foes of ac- Asia. We should abandon old paradigms and Cyprus, and the liberation of Cyprus from the curate, independent journalism. Its annual Cold War hangups and see that India, a de- Turkish invasion of 1974. awards honor those journalists working under mocracy, is our natural ally in the region. This year’s honoree, Savas Tsivicos, exem- the most onerous of conditions. The best way to demonstrate our commit- plifies the honorable characteristics of the peo- This year’s honorees, who have been beat- ment to the people of India is by ensuring that ple from Paphos. He came to the United en, jailed, or had their lives threatened be- the President travels to India as soon as pos- States in 1982 from a farming community in cause of their work, will receive their awards the village of Inia to live the ‘‘American Life.’’ at a ceremony in New York next week. I join sible, as the resolution urges him to do. His life embodies the dreams, hopes and aspi- CPJ in congratulating: Jesus Joel Diaz Her- I urge my colleagues to support the resolu- rations of thousands of immigrants who arrive nandez, who is serving a four-year prison sen- tion.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30821 CONFERENCE REPORT ON H.R. 2116, adequate resources to sufficiently support our When Harry Summers testified before the VETERANS MILLENNIUM HEALTH responsibilities in meeting the needs of our House Armed Services Committee in Decem- CARE AND BENEFITS ACT veterans. ber 1990 before Operation Desert Storm, he It is my hope that all members who cast reemphasized the need for clarity of purpose SPEECH OF their vote in support of the conference agree- and the relation of means to objective as this HON. MICHAEL F. DOYLE ment will maintain their focus on veterans House wrestled with the decision to go to war OF PENNSYLVANIA issues so that in the next fiscal year we can against Iraq and commit U.S. military forces to IN THE HOUSE OF REPRESENTATIVES reverse the course we have been on for far protect the vital interests of the United States. too long and begin our work on matters con- He appeared before the committee again as Tuesday, November 16, 1999 cerning veterans with enhanced resources, not we reviewed what happened to U.S. forces in Mr. DOYLE. Mr. Speaker, I rise today to severe budgetary cuts. Somalia in 1994 and provided valuable in- speak about the final version of legislation that f sights on the relation of military force and deals with a comprehensive and complex set commitment to our national objectives and of veterans’ healthcare and benefits issues. TRIBUTE TO COLONEL HARRY commitment in that country. Without question, this conference report on SUMMERS Harry Summers was justifiably proud of his H.R. 2116, the Veterans Millennium Health sons and their service as Army officers and of Care and Benefits Act, deals constructively HON. IKE SKELTON his daughter-in-law who served as a warrant with a significant portion of the substantive OF MISSOURI officer in the Persian Gulf War. In all this, he matters considered at length by the Veterans IN THE HOUSE OF REPRESENTATIVES was supported by his wife, Eloise. My good Affairs Committees in both the House and the friend, Floyd Spence, the chairman of the Wednesday, November 17, 1999 Senate. House Armed Services, joins me in sending I want to recognize the efforts of Senator Mr. SKELTON. Mr. Speaker, Colonel Harry our sympathies to them at this time. SPECTER, Senator ROCKEFELLER, Senator G. Summers, Jr., United States Army, died Colonel Harry Summers made a tremen- STUMP, and Ranking Member EVANS for their this week. In his passing, the Army and the dous contribution to the rebirth of the study of demonstrated leadership in crafting collabo- Nation have lost a soldier and scholar, who military strategy and to the professional mili- rative compromises in the most productive ranks among the preeminent military strate- tary education of our armed forces, and that manner as the conference allowed. gists and analysts of this century. legacy lives on after him. His commitment to This agreement makes significant steps for- As an Army officer, who began his profes- the Nation and the Army that he loved was ward in defining the VA’s mission in a number sional life as an enlisted soldier, and later as unstinting. The Nation and the Army are poor- of critical health care areas: Extended care, a military analyst, author and commentator, er for his passing. emergency services, mental health services, Colonel Summers knew personally the bayo- f and chiropractic treatment to name a few. This net-point reality of war and thought and wrote IN HONOR OF MS. JAMILA DEMBY, agreement also moves in the right direction in widely about strategic issues. He was a deco- NCAA WOMAN OF THE YEAR terms of addressing the lingering need for ad- rated veteran of combat in Korea and Viet- ditional national veterans cemeteries and long- nam, awarded the Silver Star and the Bronze term care facilities, as well as needed renova- Star for Valor, and the legion of Merit; twice HON. DOUG OSE tions at various VA medical centers. awarded the combat infantry badge; and twice OF CALIFORNIA This agreement also provides constructive awarded the Purple Heart for wounds received IN THE HOUSE OF REPRESENTATIVES direction in the areas of veterans’ education in combat. Wednesday, November 17, 1999 and housing, in meeting the needs of home- An infantry squad leader in the Korean con- Mr. OSE. Mr. Speaker, it is with great pride less veterans, and improving the administra- flict, he served as a battalion and corps oper- that I rise to acknowledge University of Cali- tive structure of the court of appeals for vet- ation officer during the Vietnam war, and later fornia Davis student, Jamila Demby, who was erans claims. as a negotiator with the North Vietnamese in recently named NCAA Woman of the Year. I am disappointed however, that many of Saigon and in Hanoi. Instructor of strategy at Ms. Demby, the first UC Davis athlete to the provisions that were originally included in the U.S. Army Command and General Staff earn this NCAA honor, was selected as a na- the House version of the bill pertaining to em- College, he was a political-military action offi- tional finalist from among 50 state winners. ployee and veterans organizations participa- cer on the Army General Staff, a member of Representing California, she was one of two tion in various VA decision-making and plan- the then Army chief of staff Creighton Abrams’ Division II finalists. ning practices were not made part of this final strategic assessment group, and served in the It was a perfect ending to a perfect career package. I also think that the conference could Office of the Army Chief of Staff from 1975 to at UC Davis. A seven-time All-American, Ms. have produced a better work product in terms 1980, before joining the faculty of the U.S. Demby won eight conference championships of providing strong language that speaks to Army War College. in four years. During last year’s California Col- the need for cost-benefit analysis, employee At the war college, Colonel Summers was at legiate Athletic Association championships, protections, stringent hospital closure guide- the heart of the rebirth of strategic studies in Ms. Demby established a new UC Davis 800- lines, and heightened oversight measures the professional military education of our meter record of 2 minutes, 10.8 seconds. In throughout the entire VA network. Inclusion of Armed Forces in the early 1980’s. His book addition, she ran the final leg of the 4400 relay such provisions would have greatly improved On Strategy: The Vietnam War in Context pro- team, which set a UC Davis record of 3:45.33. the agreement’s overall intentions and would vided a critical strategic appraisal of American In addition to her athletic achievements, Ms. have made them less susceptible to incon- strategy in that war and a seminal American Demby has been active in student and com- sistent treatment system wide. work in the relationship of military strategy to munity activities. In addition to serving as a So in summary, while the conference agree- national policy. On Strategy has been charac- UC Davis Aggie team captain and sitting on ment is not a perfect piece of legislation, it is terized as being ‘‘about’’ the Vietnam war in the student-athlete advisory committee, Ms. nonetheless worthy of members’ support. And much the same way that Clausewitz is ‘‘about’’ Demby finds time to regularly visit children at as Representative EVANS pointed out earlier, the Napoleonic wars or that Mahan is ‘‘about’’ the Shriner’s Hospital and tutor at local the conference agreement in many ways rep- 18th-century naval struggles between France schools. In fact, her work with children has be- resents the need to demonstrate our con- and England. That is, Harry Summers used come such an influential experience that she certed interest in reaffirming our commitment the Vietnam war as a vehicle for analysis and changed her career path from advertising to to our nation’s veterans. But as I have repeat- illustration of principles of war that apply uni- serving underprivileged and underrepresented edly stated, the most well intentioned efforts in versally. youth. terms of authorizing language are only as After his retirement from active service, As NCAA Woman of the Year, Ms. Demby good as the amount of adequate funding that Harry Summers continued to contribute to the was chosen from a group of highly accom- is appropriated. I have very serious concerns professional development of the officer corps plished women. Ms. Demby will graduate from that next year we will find ourselves in the and to the development of strategic thought UC Davis this December with a degree in same vicious circle of logical debate. And the and military strategy as a lecturer, visiting pro- rhetoric and communications and will continue circle begins and ends with the need to have fessor, columnist, editor, and commentator. to give back to her community.

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 30822 EXTENSIONS OF REMARKS November 18, 1999 In closing, I would like to congratulate Ms. curred and to what extent, if any, loss had us and moving on. What makes that statement Demby for a job well done. been identified. In 1988, the Congress, in the so intriguing is that is the exact line the MMS f Interior Appropriations Act for FY89, author- stated in a letter to the dean of the Louisiana ized the Secretary of the Interior to appoint an delegation over 9 years ago when they too FEDERAL GOVERNMENT’S OBLIGA- independent fact-finder to determine if Lou- wrote, ‘‘We are also very interested in putting TION TO THE STATE OF LOU- isiana had been drained of its gas and oil re- this matter behind us.’’ ISIANA serves and, if so, the market value of those Our legislation is simple. It will allow the confiscated reserves. State and its lessees to recover a portion of HON. CHRISTOPHER JOHN That independent fact finder reported to what was lost by the unauthorized develop- OF LOUISIANA Congress in 1989 that drainage had indeed ment of the West Delta Field and will do so in IN THE HOUSE OF REPRESENTATIVES occurred and quantified the resulting loss. At the most benign of methods. The State and its Wednesday, November 17, 1999 that point, the congressional delegation sought lessees have proposed an alternative method and obtained an authorization of appropria- for providing compensation by foregoing pay- Mr. JOHN. Mr. Speaker, I rise today to intro- tions for compensation that matched the deter- ment of federal royalties due by the lessee on duce a bill with Mr. TAUZIN and the entire Lou- mination of the fact finder. It is important to other federal leases and distributing those isiana congressional delegation that will bring note that during the 4-year period of study, the withholdings to the State and lessee until the closure to an issue that has lingered long federal lessee continued to drain the sacred federal obligation is satisfied. Upon restitution, enough concerning our home State of Lou- reservoir and actually continued to drain the the lessee will resume their payments to the isiana. Mr. Speaker, the State of Louisiana field until the Federal wells ceased producing Federal Government. By withholding royalty and the Federal Government have a long his- in 1998. payments and sharing those revenues propor- tory of working together to develop our abun- Why is that important to note? Because the tionately between the State and its lessees we dant natural resources in a cooperative man- State is seeking compensation only for the expect the Federal obligation will be satisfied ner that protects our unique habitat and spurs drainage that can be empirically determined within 2 to 3 years. economic development. I am pleased that we by the fact finder’s report for those initial 4 After more than a decade, it is time for the have been able to rectify our differences when years. All drainage that occurred for the next federal government to settle this outstanding they occur in order to reach sensible and judi- decade has basically been written off by my obligation and, at the same time, protect the cious decisions that foster goodwill and the ef- State although they would have every right to rights of my home State. In addition, we must ficient use of our resource base. seek their share of those revenues siphoned reaffirm that this Congress does not support Mr. Speaker, there remains before this by the Federal Government. In short, my State policies that may well create precedents that House an obligation on the part of the Federal is knowingly leaving money on the table in would needlessly and recklessly endanger our Government to satisfy an authorization that order to make a good faith effort to resolve coastal environments. was included in the Oil Pollution Act of 1990. this issue. f This authorization was crafted to resolve a In addition, we believe it is important to unique dispute between the State of Louisiana point out that satisfying this obligation in no PERSONAL EXPLANATION and the Federal Government over the devel- way opens the doors to a myriad of similar de- opment of the oil and gas resources on the mands on the Federal budget. From early on, HON. JAMES H. MALONEY Outer Continental Shelf. Unfortunately, this au- the uniqueness of this situation was recog- OF CONNECTICUT thorization has never been satisfied and my nized when the Department of Interior wrote to IN THE HOUSE OF REPRESENTATIVES home state has lost literally millions of dollars then-Senator Johnston on September 19, as a result. 1991, that ‘‘To the best of our knowledge, the Wednesday, November 17, 1999 Today, I am joined by members from Lou- West Delta dispute is the only (emphasis Mr. MALONEY of Connecticut. Mr. Speaker, isiana, Texas, New York and Pennsylvania in added) situation in which the Department did yesterday I was unavoidably detained during introducing legislation directing the Minerals not agree to unitization, or a similar joint de- rollcall vote No. 588. Management Service (MMS) to grant the State velopment agreement on the Outer Conti- Had I been present I would have voted yea of Louisiana and its lessees a credit in the nental Shelf when requested to do so by the on rollcall No. 588. payment of Federal offshore royalties to sat- Governor of a coastal State.’’ To verify that f isfy the authorization contained within the Oil this situation is unique, the State of Louisiana Pollution Act of 1990 for oil and gas drainage thoroughly reviewed its records and has con- CELEBRATING THE 100TH BIRTH- in the West Delta Field. firmed that there are no other similar cases DAY OF MRS. AGNES VENETTA I will be brief with the history of this matter, anywhere along the OCS boundary. In fact, in STANDBRIDGE but I feel compelled to clarify for all our col- that same letter the Department wrote, ‘‘The leagues why the language contained in OPA Department agrees with your understanding HON. ANNA G. ESHOO must be satisfied both out of concern for the that Section 6004 (c) of the Oil Pollution Act OF CALIFORNIA treatment of the State and for the protection of does not create a precedent for the payment IN THE HOUSE OF REPRESENTATIVES our coastal environment. of any funds to any parties other than the Wednesday, November 17, 1999 In November of 1985, the State of Louisiana State of Louisiana and its lessees.’’ began to notify the MMS that a federal lessee As for the environmental concerns raised by Ms. ESHOO. Mr. Speaker, I rise in honor of was draining the West Delta Field at the ex- the Federal government’s inappropriate ac- Mrs. Agnes Venetta Standbridge, who will cel- pense of the State and its lessees. The Gov- tions, the record is clear. In OPA 90, the Con- ebrate her 100th birthday on December 20, ernor made this request based on the entire gress specifically reiterated the harmful effects 1999. history of cooperative development agree- of ‘‘unrestrained competitive production on hy- As a young adult, Mrs. Standbridge ob- ments between the State and Federal govern- drocarbons from a common hydrocarbon-bear- served first hand the effects that both World ment. The State sought to ‘‘unitize’’ the field ing geological area underlying the Federal and War I and World War II had on family and by allocating the appropriate shares of the State boundary.’’ The logic behind this lan- friends. She saw the world turned upside field’s resources to each lessee. Unitization is guage is simple. Why would we encourage the down as many of her friends, neighbors and standard practice in cases where multiple pro- construction and operation of more oil and gas family went off to the trenches in Europe and ducers share common reservoirs. Much to the wells in U.S. waters than are necessary? If a never returned or returned scarred by injury State’s amazement, officials at MMS dis- field can be produced with one well, having and the nightmares of battle. During World agreed with the State and the entire Louisiana two only doubles that chances of an accident. War II, Mrs. Standbridge was a young mother congressional delegation regarding the need The concept is common sense and has been raising her four children in Lemington Spa and availability of relief for the State. at the root of all Federal and State policies for near Coventry, England. There, she and her In order to bring some unbiased perspective decades. I see no reason to abandon that in- husband, Albert Standbridge did their best to to the debate, the Congress authorized an telligent precedent now. protect their children from the sights and independent fact finder to review the situation Mr. Speaker, after years of waiting, my sounds of German aircraft bombing factories and to determine if unauthorized drainage oc- State is interested in putting this issue behind in the area. During these tumultuous times

VerDate jul 14 2003 09:02 Jul 27, 2004 Jkt 029102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR99\E18NO9.000 E18NO9 November 18, 1999 EXTENSIONS OF REMARKS 30823 she developed a quiet courage and inner TRIBUTE TO PETER McCUEN the redevelopment of Mather Air Field. He strength. By the early 1950’s she would need also played a vital role in brining major cor- that bravery to confront the passing of her be- HON. DOUG OSE porations like Intel and Sprint to this region, loved husband at a young age. She never re- OF CALIFORNIA which created thousands of jobs for the peo- married and his memory remains with her IN THE HOUSE OF REPRESENTATIVES ple of Sacramento. His impact on the eco- today. nomic development of the Sacramento area is Wednesday, November 17, 1999 unparalleled. Mrs. Standbridge began another memorable Mr. OSE. Mr. Speaker, I rise today with a But for many of us, it is not just the subur- chapter in her life when she moved to North- humble heart to pay tribute to a distinguished ban business parks he built or the highrises ern California and ultimately settled in Moun- leader, a personal friend, and a true pioneer he helped engineer that touched our lives. It is tain View where she has lived for 38 years. for the city of Sacramento, Mr. Peter McCuen. Peter’s unreserved generosity, canny vision, Living in beautiful Silicon Valley, Mrs. The city lost one of its great giants on Mon- boundless energy and incomparable intellect Standbridge witnessed the world change day, when Peter succumbed to his third battle that make him a truly unique human being. again—in a far more positive way. The tech- with cancer. Peter’s philanthropic efforts benefited a long nological revolution that has occurred over the More than any other person in the last 20 list of causes and groups in the city. His re- years, Peter McCuen transformed the land- nowned love of arts, education and civic orga- last few decades has made her world and scape of Sacramento and many of those who nizations earned him the Regional Pride Ex- ours, a more prosperous place than ever be- live in it. We can see the visual legacy he left cellence Award in 1991. He served on the ad- fore. when we drive through the Highway 50 cor- visory boards of the Cancer Center at UC The events of the 20th Century have had a ridor. The region’s most graceful skyscraper Davis Medical Center and both the engineer- great impact on Mrs. Standbridge’s life and and its most visible ziggurat building remind ing school and the graduate school of man- she has been shaped by the relationships of us how integral he was in bringing prosperity agement at UCD. He also served on the advi- those who hold her dear. Family and friend- to the city. sory board to the president of the Cal State ship flow through her life and have enriched Peter came to Sacramento in 1980 after University, Sacramento and the State’s Clean having successful careers as a professor at Air Partnership. her century of living. She is a great example Stanford University and a hi-tech entrepreneur Peter had a bright vision for our city, and he of resilience and courage. I’m proud to rep- in Silicon Valley. He had planned on retiring in tried everything in his power to fulfill that vi- resent Mrs. Standbridge and ask my col- the city. But immediately after he arrived, he sion. Sacramento is a better place because of leagues to join me in wishing this extraor- saw the many opportunities Sacramento had Peter McCuen. My heart goes out to his wife dinary woman a very blessed and a very to offer. He was involved in over 100 develop- Susan, his two children, Pamela and Patrick, happy 100th birthday. ment projects, including the Library Plaza, the and the entire McCuen family. Sacramento will U.S. Bank Plaza, the Teale Data Building, and miss one of its true leaders.

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