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

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

Vol. 146 WASHINGTON, WEDNESDAY, SEPTEMBER 6, 2000 No. 102 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces the sex trade, slavery, and slavery-like called to order by the Speaker pro tem- to the House her approval thereof. conditions, in the United States and pore (Mrs. BIGGERT). Pursuant to clause 1, rule I, the Jour- countries around the world through f nal stands approved. prevention, through prosecution and f enforcement against traffickers, and DESIGNATION OF THE SPEAKER through protection and assistance to PRO TEMPORE PLEDGE OF ALLEGIANCE victims of trafficking,’’ requests a con- The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the ference with the House on the dis- fore the House the following commu- gentleman from Pennsylvania (Mr. agreeing votes of the two Houses there- nication from the Speaker: PITTS) come forward and lead the on, and appoints from the— WASHINGTON, DC, House in the Pledge of Allegiance. Committee on the Judiciary: Mr. September 6, 2000. Mr. PITTS led the Pledge of Alle- HATCH, Mr. THURMOND, and Mr. LEAHY; I hereby appoint the Honorable JUDY giance as follows: and BIGGERT to act as Speaker pro tempore on Committee on Foreign Relations: Mr. I pledge allegiance to the Flag of the this day. HELMS, Mr. BROWNBACK, Mr. BIDEN, and J. DENNIS HASTERT, United States of America, and to the Repub- Mr. WELLSTONE; to be the conferees on Speaker of the House of Representatives. lic for which it stands, one nation under God, the part of the Senate. f indivisible, with liberty and justice for all. f The message also announced that the PRAYER Senate has passed bills, a joint resolu- MESSAGE FROM THE SENATE The Chaplain, the Reverend Daniel P. tion and concurrent resolutions of the Coughlin, offered the following prayer: A message from the Senate by Mr. following titles in which the concur- Lord God of covenant love, You pro- Lundregan, one of its clerks, an- rence of the House is requested: vide us wisdom for our lives; You em- nounced that the Senate has passed S. 610. An act to direct the Secretary of the power us to live out our commitments with amendments in which the concur- Interior to convey certain land under the ju- rence of the House is requested, bills of risdiction of the Bureau of Land Manage- to others. As we enter into legislative ment in Washakie County and Big Horn session today, You welcome us into the House of the following titles: County, Wyoming, to the Westside Irrigation Your presence. H.R. 820. An act to authorize appropria- District, Wyoming, and for other purposes. May the families and local districts tions for fiscal years 2000 and 2001 for the S. 1894. An act to provide for the convey- we leave to assemble once again as the Coast Guard, and for other purposes. ance of certain land to Park County, Wyo- 106th Congress be blessed and protected H.R. 3244. An act to combat trafficking of ming. by You. persons, especially into the sex trade, slav- S. 1936. An act to authorize the Secretary May our personal relationships with ery, and slavery-like conditions, in the of Agriculture to sell or exchange all or part them be secured and our common life United States and countries around the of certain administrative sites and other Na- tional Forest System land in the State of Or- be enriched by the work and intentions world through prevention, through prosecution and enforcement against traffickers, egon and use the proceeds derived from the that bring us to public service. and through protection and assistance to sale or exchange for National Forest System Help this government to enact laws victims of trafficking. purposes. that respect the right of parents and S. 2020. An act to adjust the boundary of protect children. Guide this Congress The message also announced that the the Natchez Trace Parkway, Mississippi, and and all local communities to create Senate insists upon its amendment to for other purposes. homes and neighborhoods where trust the bill (H.R. 820) ‘‘An Act to authorize S. 2279. An act to authorize the addition of land to Sequoia National Park, and for other and creative deeds may flourish. appropriations for fiscal years 2000 and 2001 for the Coast Guard, and for other purposes. Fix us on the course of justice and S. 2352. An act to amend the Wild and Sce- shape our future by solid information purposes,’’ requests a conference with nic Rivers Act to designate the Wekiva River and quality education. Let truth be our the House on the disagreeing votes of and its tributaries of Wekiwa Springs Run, guide and secure peace our gift to fami- the two Houses thereon, and appoints Rock Springs Run, and Black Water Creek in lies and the world, now and forever. Mr. MCCAIN, Mr. STEVENS, Ms. SNOWE, the State of Florida as components of the Amen. Mr. HOLLINGS, and Mr. KERRY, to be National Wild and Scenic Rivers System. S. 2386. An act to authorize the United f the conferees on the part of the Senate. The message also announced that the States Postal Service to issue semipostals, THE JOURNAL and for other purposes. Senate insists upon its amendment to S. 2421. An act to direct the Secretary of The SPEAKER pro tempore. The the bill (H.R. 3244) ‘‘An Act to combat the Interior to conduct a study of the suit- Chair has examined the Journal of the trafficking of persons, especially into ability and feasibility of establishing an

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.

H7215

VerDate 11-MAY-2000 02:56 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.000 pfrm02 PsN: H06PT1 H7216 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Upper Housatonic Valley National Heritage enrolled bills on Saturday, July 29, nication from the chairman of the Area in Connecticut and Massachusetts. 2000: Committee on Transportation and In- S. 2998. An act to designate a fellowship H.R. 1749, to designate Wilson Creek frastructure; which was read and, with- program of the Peace Corps promoting the in Avery and Caldwell Counties, North out objection, referred to the Com- work of returning Peace Corps volunteers in underserved American communities as the Carolina, as a component of the Na- mittee on Appropriations: ‘‘Paul D. Coverdell Fellows Program’’. tional Wild and Scenic Rivers System; COMMITTEE ON TRANSPORTATION AND S.J. Res. 48. Joint resolution calling upon H.R. 1982, to name the Department of INFRASTRUCTURE, HOUSE OF REP- the President to issue a proclamation recog- Veterans Affairs outpatient clinic in RESENTATIVES, nizing the 25th anniversary of the Helsinki Rome, New York, as the ‘‘Donald J. Washington, DC, July 26, 2000. Final Act. Mitchell Department of Veterans Af- Hon. J. DENNIS HASTERT, S. Con. Res. 53. Concurrent resolution con- fairs Outpatient Clinic’’; Speaker of the House, Washington, DC. demning all prejudice against individuals of H.R. 3291, to provide for the settle- Asian and Pacific Island ancestry in the DEAR MR. SPEAKER: Enclosed are copies of United States. ment of the water rights claims of the resolutions adopted on July 26, 2000 by the S. Con. Res. 133. Concurrent resolution to Shivwits Band of the Paiute Indian Committee on Transportation and Infra- correct the enrollment of S. 1809. Tribe of Utah, and for other purposes; structure. Copies of the resolutions are being S. 2869, an act to protect religious transmitted to the Department of the Army. The message also announced that With kind regards, I am pursuant to Public Law 105–134, the liberty, and for other purposes; The following enrolled bills on Mon- Sincerely, Chair, on behalf of the Republican BUD SHUSTER, Leader, announces the appointment day, August 7, 2000: Chairman. made during the adjournment, of H.R. 1167, to amend the Indian Self- Enclosures. Determination and Education Assist- Nancy Rutlege Connery, of Maine, to DOCKET 2648: CROSS LAKE, LOUISIANA serve as a member of the Amtrak Re- ance Act to provide for further self- Resolved by the Committee on Transportation form Council, vice Joseph Vranich, of governance by Indian tribes, and for and Infrastructure of the United States House Pennsylvania, effective July 28, 2000. our purposes; of Representatives, That the Secretary of the The message also announced that H.R. 3519, to provide for negotiations Army is requested to review the report of the Chief of Engineers on the Red River Basin, pursuant to Public Law 99–498, the for the creation of a trust fund to be administered by the International Arkansas and Louisiana, Comprehensive Chair, on behalf of the President pro Study published as House Report 98–217, with tempore, reappoints Charles Terrell, of Bank for Reconstruction and Develop- ment or the International Development a view to determine the feasibility of meas- Massachusetts, to the Advisory Com- ures relating to water supply, flood damage mittee on Student Financial Assist- Association to combat the AIDS epi- reduction, and recreation at Cross Lake, ance for a three-year term beginning demic; Louisiana, at this time. October 1, 2000, made during the ad- The following enrolled bill on Friday, Adopted: July 26, 2000. journment, effective July 28, 2000. August 18, 2000: H.R. 4040, to amend Title 5, United DOCKET 2649: OCKLAWAHA RIVER BASIN, The message also announced that FLORIDA pursuant to Public Law 106–173, the States Code, to provide for the establishment of a program under which Resolved by the Committee on Transportation Chair, on behalf of the Majority Lead- and Infrastructure of the United States House er, announces the appointment of long-term care insurance is made available to Federal employees, mem- of Representatives, That the Secretary of the Frank J. Williams, of Rhode Island, to Army is requested to review the report of the the Abraham Lincoln Bicentennial bers of the uniformed services, and ci- Chief of Engineers on the Four River Basins, Commission, made during the adjourn- vilian and military retirees, provide for Florida, published as House Document 585, ment, effective August 24, 2000. the correction of retirement coverage 87th Congress and other pertinent reports, errors under chapters 83 and 84 of such with a view to determine the feasibility of f title, and for other purposes. measures related to comprehensive water- And Speaker pro tempore GILCHREST shed planning for water conservation, water COMMUNICATION FROM THE supply, flood control, environmental restora- CLERK OF THE HOUSE signed the following enrolled bill on Wednesday, August 23, 2000: tion and protection, and other water resource related problems in the Apopka/ The SPEAKER pro tempore laid be- H.R. 8, to amend the Internal Rev- fore the House the following commu- Palatkaha Basins and the Upper Ocklawaha enue Code of 1986 to phase out the es- River Basin south of the Silver River. nication from the Clerk of the House of tate and gift taxes over a 10-year pe- Adopted: July 26, 2000. Representatives: riod. OFFICE OF THE CLERK, f DOCKET 2650: FORT DODGE, IOWA HOUSE OF REPRESENTATIVES, Resolved by the Committee on Transpor- Washington, DC, July 28, 2000. APPOINTMENT AS MEMBERS TO tation and Infrastructure of the United Hon. J. DENNIS HASTERT, PARENTS ADVISORY COUNCIL ON States House of Representatives, That the The Speaker, House of Representatives, DRUG ABUSE Secretary of the Army is requested to review Washington, DC. The SPEAKER pro tempore. Pursu- the report of the Chief of Engineers on the DEAR MR. SPEAKER: Pursuant to the per- Des Moines River Basin, Iowa and Min- mission granted to Clause 2(h) of Rule II of ant to sections 710(a)(2) of the Office of nesota, published as House Document 146, the Rules of the U.S. House of Representa- National Drug Control Policy Reau- 96th Congress, 1st Session, and other perti- tives, the Clerk received the following mes- thorization Act of 1998 (21 U.S.C. 1709) nent reports, to determine whether any sage from the Secretary of the Senate on and the order of the House of Thursday, modifications of the recommendations con- July 28, 2000 at 9:35 a.m. July 27, 2000, the Speaker, on Tuesday, tained therein are advisable in the interest That the Senate passed without amend- August 15, 2000, appointed the following of flood damage reduction and environment H.R. 1749; that the Senate passed with- members from the private sector to the mental restoration and protection of the Des out amendment H.R. 1982; that the Senate Moines River at Fort Dodge, Iowa. passed without amendment H.R. 3291; that Parents Advisory Council on Youth Adopted: July 26, 2000. the Senate agreed to House amendments to Drug Abuse on the part of the House: Senate amendments for H.R. 4040. Ms. Judith Kreamer, Naperville, Illi- DOCKET 2651: CORPUS CHRISTI SHIP CHANNEL, With best wishes, I am nois, to a three-year term; TEXAS Sincerely, Ms. Modesta Martinez, Bensenville, Resolved by the Committee on Transpor- JEFF TRANDAHL, Illinois, to a two-year term; tation and Infrastructure of the United Clerk of the House. And Mr. Richard F. James, Colum- States House of Representatives, That the f bus, Ohio, to a one-year term. Secretary of the Army is requested to review the report of the Chief of Engineers on the f ANNOUNCEMENT BY THE SPEAKER Corpus Christi Ship Channel, Texas, pub- PRO TEMPORE COMMUNICATION FROM CHAIRMAN lished as House Document 99, 90th Congress, 2nd Session, and a view to determine wheth- The SPEAKER pro tempore. The OF COMMITTEE ON TRANSPOR- TATION AND INFRASTRUCTURE er any modifications are advisable at the Chair desires to announce that pursu- present time with particular reference to ant to clause 4 of Rule I, Speaker pro The SPEAKER pro tempore laid be- providing improvements to the Corpus Chris- tempore MORELLA signed the following fore the House the following commu- ti Ship Channel, Texas, in the interest of

VerDate 11-MAY-2000 03:54 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.003 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7217 shoreline protection, storm damage reduc- COMMITTEE ON TRANSPORTATION AND chase, and Federal construction, and the tion, environmental restoration and protec- INFRASTRUCTURE, HOUSE OF REP- purchase options of lease with an option to tion, and other allied purposes. RESENTATIVES, purchase or purchase contract. The Adminis- Adopted: July 26, 2000. Washington, DC, July 26, 2000. trator shall submit a report to Congress Hon. J. DENNIS HASTERT, within 20 days. BUD SHUSTER, DOCKET 2652: PORTLAND HARBOR, MAINE Speaker: House of Representatives, Washington, DC. Chairman. Resolved by the Committee on Transpor- DEAR MR. SPEAKER: Enclosed please find July 26, 2000. tation and Infrastructure of the United copies of resolutions approved by the Com- States House of Representatives, That the mittee on Transportation and Infrastructure ADDITIONAL DESIGN: UNITED STATES POST OF- Secretary of the Army is requested to review on July 26, 2000, in accordance with 40 U.S.C. FICE—COURTHOUSE, LITTLE ROCK, ARKANSAS the report of the Chief of Engineers on the § 606. Resolved by the Committee on Transportation Portland Harbor, Maine, published as House With warm regards, I remain and Infrastructure of the U.S. House of Rep- Document 216, 87th Congress, 1st Session, Sincerely, resentatives, That pursuant to Section 7 of and House Document 510, 79th Congress, 2nd BUD SHUSTER, the Public Buildings Act of 1959, (40 U.S.C. Session, and other pertinent reports with a Chairman. § 606), appropriations are authorized for addi- view to determine whether modifications of Enclosures. tional design for the construction of a 132,003 the recommendations contained therein are LEASE: INTERNAL REVENUE SERVICE, SAN gross square foot addition, including 55 in- advisable in the interest of navigation and side parking spaces, and construction of al- FRANCISCO, CA other allied purposes, including the advis- terations to the existing United States Post ability of deepening the existing 45-foot har- Resolved by the Committee on Transportation Office—Courthouse located at 600 Capitol bor channel and 35-foot Fore River channel and Infrastructure of the U.S. House of Rep- Street in Little Rock, Arkansas, at an addi- and turning basin. resentatives, That pursuant to section 7 of the tional design and review cost of $1,820,000, a Public Buildings Act of 1959, (40 U.S.C. § 606), Adopted: July 26, 2000. prospectus for which is attached to, and in- appropriations are authorized to lease up to cluded in, this resolution. approximately 93,000 rentable square feet of Provided, That any design shall, to the DOCKET 2653: SEARSPORT HARBOR, MAINE space and 7 parking spaces for the Internal maximum extent possible incorporate shared Resolved by the Committee on Transpor- Revenue Service currently located at 1650 or collegial space, consistent with efficient tation and Infrastructure of the United Mission Street, San Francisco, CA, at a pro- court operations that will minimize the size States House of Representatives, That the posed total annual cost of $1,732,000 for a and cost of the building to be constructed. Secretary of the Army is requested to review lease term of three years, a prospectus for Provided further, That any design shall in- the report of the Chief of Engineers on which is attached to and included in this res- corporate changes in the 1997 United States Searsport Harbor, Maine, published as House olution. Courts Design Guide, including the imple- Document 500, 87th Congress, 2nd Session, Approval of this prospectus constitutes au- mentation of a policy on shared courtrooms. and other pertinent reports, with a view to thority to execute an interim lease for all BUD SHUSTER, determine whether modifications of the rec- tenants, if necessary, prior to execution of Chairman. ommendations contained therein are advis- the new lease. July 26, 2000. able in the interest of navigation, including Provided, That the General Services Ad- the advisability of deepening the existing 35- ministration shall not delegate to any other SITE AND DESIGN: UNITED STATES foot channel and turning basin. agency the authority granted by this resolu- COURTHOUSE, LOS ANGELES, CALIFORNIA Adopted: July 26, 2000. tion. Resolved by the Committee on Transportation Provided further, That the General Services and Infrastructure of the U.S. House of Rep- Administration shall report to the Com- resentatives, That pursuant to Section 7 of DOCKET 2654: KIHEI AREA SHORELINE, MAUI, mittee on Transportation and Infrastructure the Public Buildings Act of 1959, (40 U.S.C. HAWAII on the course of action taken to meet the § 606), appropriations are authorized for ac- Resolved by the Committee on Transpor- long-term space needs for the Internal Rev- quisition of a site and the design for the con- tation and Infrastructure of the United enue Service. struction of a 1,016,300 gross square foot States House of Representatives, That the BUD SHUSTER, United States courthouse, including 150 in- Secretary of the Army in accordance with Chairman. side parking spaces, located in Los Angeles, Section 110 of the River and Harbor Act of July 26, 2000. California, at a site cost of $20,600,000 and de- 1962, is requested to review the feasibility of sign and review cost of $14,650,000, for a com- providing beach restoration and shoreline AMENDMENT: UNITED STATES COURTHOUSE, bined cost of $35,250,000, a prospectus for protection in the vicinity of Kihei on the Is- KANSAS CITY, MISSOURI which is attached to, and included in, this land of Maui, Hawaii. Resolved by the Committee on Transportation resolution. Adopted: July 26, 2000. and Infrastructure of the U.S. House of Rep- Provided, That any design shall, to the resentatives, that pursuant to section 7 of the maximum extent possible incorporate shared DOCKET 2655: BROWNSVILLE SHIP CHANNEL, Public Buildings Act of 1959, (40 U.S.C. § 606), or collegial space, consistent with efficient TEXAS appropriations are authorized for the design court operations that will minimize the size and review for the repair and alteration of and cost of the building to be constructed. Resolved by the Committee on Transpor- Provided further, That the design shall rec- the existing vacated United States court- tation and Infrastructure of the United ognize the need for courtrooms to be avail- house located at 811 Grand, Kansas City, States House of Representatives, That the able to fulfill judicial responsibility and to Missouri at a design cost of $4,304,000. This Secretary of the Army, shall review the reserve the public by disposing of cases in a resolution amends the Committee resolution port of the Chief of Engineers for the Brazos fair and expeditious manner, and in so doing of February 5, 1992, which authorized con- Island Harbor, Texas, published as House the facility shall, to the maximum extent struction of a new courthouse in Kansas Document 428, 86th Congress, 2nd Session, possible utilize the 1,016,300 square feet of City, Missouri at a total estimated cost of and other pertinent reports to determine the space for a stand alone courthouse with suf- $114,476,000. feasibility of providing navigation improve- ficient courtrooms to maximize operational BUD SHUSTER, ments to the Brownsville Ship Channel asso- efficiencies and enhance security. ciated with the Brownsville Deepwater Con- Chairman. Provided further, That the Committee ex- tainer Port. July 26, 2000. pects the General Services Administration, Adopted: July 26, 2000. in consultation with the Administrative Of- NATIONAL INSTITUTES OF HEALTH: BAYVIEW There was no objection. fice of the United States Courts, to design CAMPUS, BALTIMORE, MARYLAND for, and configure for maximum utilization, Resolved by the Committee on Transportation a courtroom sharing model for the courts in f and Infrastructure of the U.S. House of Rep- Los Angeles, California, ensuring, to the resentatives, That pursuant to Section 11(b) of maximum extent practicable, continued use COMMUNICATION FROM CHAIRMAN the Public Buildings Act of 1959, (40 U.S.C. of all existing courtrooms in the Roybal Fed- § 610), the Administrator of General Services OF COMMITTEE ON TRANSPOR- eral Building for judicial proceedings. shall investigate the feasibility and need to BUD SHUSTER, TATION AND INFRASTRUCTURE construct, lease, or acquire a facility to Chairman. The SPEAKER pro tempore laid be- house the National Institutes of Health Re- July 26, 2000. fore the House the following commu- search Center, Bayview Campus of Johns CONSTRUCTION: E. BARRETT PRETTYMAN nication from the chairman of the Hopkins University, Baltimore, Maryland. The analysis shall include a full and com- UNITED STATES COURTHOUSE, WASHINGTON, Committee on Transportation and In- plete evaluation including, but not limited D.C. frastructure; which was read and, with- to: (i) the identification and cost of potential Resolved by the Committee on Transportation out objection, referred to the Com- sites and (ii) 30 year present value evalua- and Infrastructure of the U.S. House of Rep- mittee on Appropriations: tions of all options; including lease, pur- resentatives, That pursuant to Section 7 of

VerDate 11-MAY-2000 03:54 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.007 pfrm02 PsN: H06PT1 H7218 CONGRESSIONAL RECORD — HOUSE September 6, 2000 the Public Buildings Act of 1959, (40 U.S.C. $3,110,000, a management and inspection cost or collegial space, consistent with efficient § 606), appropriations are authorized for the of $5,708,000, and estimated construction cost court operations that will minimize the size construction of a 327,600 square foot annex of $173,657,000 for a combined cost of and cost of the building to be constructed. building and for renovations to the existing $191,691,000, a prospectus for which is at- Provided further, That any design shall in- courthouse, including 250 parking spaces, for tached to, and included in, this resolution. corporate changes in the 1997 United States the E. Barrett Prettyman United States Provided, That the construction of this Courts Design Guide, including the imple- Courthouse located in Washington, D.C., at project does not exceed construction bench- mentation of a policy on shared courtrooms. an additional design cost of $563,000, manage- marks as established by the General Services BUD SHUSTER, ment and inspection cost of $4,583,000, esti- Administration. Chairman. mated construction cost for the annex of BUD SHUSTER, July 26, 2000. $75,665,000, and estimated construction cost Chairman. for renovations to the existing courthouse of July 26, 2000. DESIGN: UNITED STATES COURTHOUSE, LAS $28,687,000 for a combined cost of $109,498,000, CRUCES, NEW MEXICO SITE AND DESIGN: UNITED STATES a modified prospectus for which is attached Resolved by the Committee on Transportation COURTHOUSE, MOBILE, ALABAMA to, and included in, this resolution. and Infrastructure of the U.S. House of Rep- Provided, That the construction of this Resolved by the Committee on Transportation resentatives, That pursuant to Section 7 of project does not exceed construction bench- and Infrastructure of the U.S. House of Rep- the Public Buildings Act of 1959, (40 U.S.C. marks as established by the General Services resentatives, That pursuant to Section 7 of § 606), appropriations are authorized in the Administration. the Public Buildings Act of 1959, (40 U.S.C. amount of $3,040,000 for the design of a 197,577 BUD SHUSTER, § 606), appropriations are authorized for ac- gross square foot United States courthouse, Chairman. quisition of a site and the design for the con- on government owned land, including 70 in- July 26, 2000. struction of a 305,361 gross square foot side parking spaces, located in Las Cruces, United States courthouse, including 50 inside New Mexico, a prospectus for which is at- CONSTRUCTION: UNITED STATES COURTHOUSE, parking spaces, located in Mobile, Alabama, tached to, and included in, this resolution. GULFPORT, MISSISSIPPI at a site cost of $2,895,000 and design and re- Provided, That any design shall, to the Resolved by the Committee on Transportation view cost of $4,642,000, for a combined cost of maximum extent possible incorporate shared and Infrastructure of the U.S. House of Rep- $7,537,000, a prospectus for which is attached or collegial space, consistent with efficient resentatives, That pursuant to Section 7 of to, and included in, this resolution. court operations that will minimize the size the Public Buildings Act of 1959, (40 U.S.C. Provided, That any design shall, to the and cost of the building to be constructed. § 606), appropriations are authorized for the maximum extent possible incorporate shared Provided further, That any design shall in- construction of a 219,897 gross square foot or collegial space, consistent with efficient corporate changes in the 1997 United States United States courthouse, including 50 inside court operations that will minimize the size Courts Design Guide, including the imple- parking spaces, located in Biloxi/Gulfport, and cost of the building to be constructed. mentation of a policy on shared courtrooms. Provided further, That any design shall in- Mississippi, at an additional site cost of BUD SHUSTER, corporate changes in the 1997 United States $3,633,000, management and inspection cost Chairman. Courts Design Guide, including the imple- of $3,078,000, and estimated construction cost July 26, 2000. mentation of a policy on shared courtrooms. of $38,137,000 for a combined cost of BUD SHUSTER, $44,848,000, a prospectus for which is attached SITE AND DESIGN: UNITED STATES Chairman. to, and included in, this resolution. COURTHOUSE, BUFFALO, NEW YORK July 26, 2000. Provided, That the construction of this Resolved by the Committee on Transportation project does not exceed construction bench- SITE AND DESIGN: FEDERAL BUILDING—UNITED and Infrastructure of the U.S. House of Rep- marks as established by the General Services STATES COURTHOUSE, CEDAR RAPIDS, IOWA resentatives, That pursuant to Section 7 of Administration. Resolved by the Committee on Transportation the Public Buildings Act of 1959, (40 U.S.C. BUD SHUSTER, and Infrastructure of the U.S. House of Rep- § 606), appropriations are authorized for ac- Chairman. quisition of a site and the design for the con- July 26, 2000. resentatives, That pursuant to Section 7 of the Public Buildings Act of 1959, (40 U.S.C. struction of a 153,296 gross square foot § 606), appropriations are authorized for ac- United States courthouse annex, including 40 SITE AND DESIGN: UNITED STATES quisition of a site and the design for the con- inside parking spaces, located in Buffalo, COURTHOUSE, RICHMOND, VIRGINIA struction of a 246,187 gross square foot New York, at a site cost of $1,030,000 and de- Resolved by the Committee on Transportation United States courthouse, including 40 inside sign and review cost of $2,569,000, for a com- and Infrastructure of the U.S. House of Rep- parking spaces and 79 outside parking bined cost of $3,599,000, a prospectus for resentatives, That pursuant to Section 7 of spaces, located in Cedar Rapids, Iowa, at a which is attached to, and included in, this the Public Buildings Act of 1959, (40 U.S.C. site cost of $9,785,000 and review cost of resolution. § 606), appropriations are authorized for ac- $3,689,000, for a combined cost of $13,474,000, a Provided, That any design shall, to the quisition of a site and the design for the con- prospectus for which is attached to, and in- maximum extent possible incorporate shared struction of a 259,688 gross square foot cluded in, this resolution. or collegial space, consistent with efficient United States courthouse, including 64 inside Provided, That any design shall, to the court operations that will minimize the size parking spaces, located in Richmond, Vir- maximum extent possible incorporate shared and cost of the building to be constructed. ginia, at a site cost of $15,500,000 and design or collegial space, consistent with efficient Provided further, That any design shall in- and review cost of $3,976,000, for a combined court operations that will minimize the size corporate changes in the 1997 United States cost of $19,476,000, a prospectus for which is and cost of the building to be constructed. Courts Design Guide, including the imple- attached to, and included in, this resolution. Provided further, That any design shall in- mentation of a policy on shared courtrooms. Provided, That any design shall, to the corporate changes in the 1997 United States BUD SHUSTER, maximum extent possible incorporate shared Courts Design Guide, including the imple- Chairman. or collegial space, consistent with efficient mentation of a policy on shared courtrooms. July 26, 2000. court operations that will minimize the size BUD SHUSTER, and cost of the building to be constructed. Chairman. SITE AND DESIGN: UNITED STATES Provided further, That any design shall in- July 26, 2000. COURTHOUSE, NASHVILLE, TENNESSEE corporate changes in the 1997 United States Resolved by the Committee on Transportation Courts Design Guide, including the imple- SITE AND DESIGN: UNITED STATES and Infrastructure of the U.S. House of Rep- mentation of a policy on shared courtrooms. COURTHOUSE, ROCKFORD, ILLINOIS resentatives, That pursuant to Section 7 of BUD SHUSTER, Resolved by the Committee on Transportation the Public Buildings Act of 1959, (40 U.S.C. Chairman. and Infrastructure of the U.S. House of Rep- § 606), appropriations are authorized for ac- July 26, 2000. resentatives, That pursuant to Section 7 of quisition of a site and the design for the con- the Public Buildings Act of 1959, (40 U.S.C. struction of a 310,294 gross square foot CONSTRUCTION: UNITED STATES COURTHOUSE, § 606), appropriations are authorized for ac- United States courthouse, including 169 in- SEATTLE, WASHINGTON quisition of a site and the design for the con- side parking spaces, located in Nashville, Resolved by the Committee on Transportation struction of a 129,800 gross square foot Tennessee, at a site cost of $9,076,000 and de- and Infrastructure of the U.S. House of Rep- United States courthouse, including 33 inside sign and review cost of $4,335,000, for a com- resentatives, That pursuant to Section 7 of parking spaces and 100 outside parking bined cost of $13,411,000, a prospectus for the Public Buildings Act of 1959, (40 U.S.C. spaces, located in Rockford, Illinois, at a site which is attached to, and included in, this § 606), appropriations are authorized for the cost of $618,000 and design and review cost of resolution. construction of a 634,763 gross square foot $2,219,000, for a combined cost of $2,837,000, a Provided, That any design shall, to the United States courthouse, including 180 in- prospectus for which is attached to, and in- maximum extent possible incorporate shared side parking spaces, located in Seattle, cluded in, this resolution. or collegial space, consistent with efficient Washington, at an additional site cost of Provided, That any design shall, to the court operations that will minimize the size $9,216,000, at an additional design cost of maximum extent possible incorporate shared and cost of the building to be constructed.

VerDate 11-MAY-2000 02:56 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.011 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7219 Provided further, That any design shall in- July 26, 2000. nesia militias killed at least three corporate changes in the 1997 United States United Nations refugee workers in Courts Design Guide, including the imple- CONSTRUCTION: UNITED STATES COURTHOUSE, West Timor. mentation of a policy on shared courtrooms. FRESNO, CALIFORNIA Over 100,000 refugees from East BUD SHUSTER, Resolved by the Committee on Transportation Chairman. Timor remain trapped in squalid ref- and Infrastructure of the U.S. House of Rep- ugee camps in West Timor, under the July 26, 2000. resentatives, That pursuant to Section 7 of the Public Buildings Act of 1959, (40 U.S.C. control of the militias. These U.N. SITE AND DESIGN: UNITED STATES § 606), appropriations are authorized for the workers were providing much-needed COURTHOUSE, EL PASO, TEXAS construction of a 428,376 gross square foot relief to these refugees. Resolved by the Committee on Transportation United States courthouse including 112 in- Let me tell my colleagues how they and Infrastructure of the U.S. House of Rep- side parking spaces, located in Fresno, Cali- died. A mob of thousands of militia- resentatives, That pursuant to Section 7 of fornia, at an additional design cost of men, wielding machetes and rifles the Public Buildings Act of 1959, (40 U.S.C. $820,000, at a management and inspection stormed the U.N. headquarters in West § 606), appropriations are authorized for ac- cost of $4,596,000, and estimated construction quisition of a site and the design for the con- Timor. The militias stabbed their vic- cost of $107,141,000 for a combined cost of tims to death, dragged their bodies struction of a 221,613 gross square foot $112,557,000, a prospectus for which is at- United States courthouse, including 60 inside tached to, and included in, this resolution. into the street, and then set them on parking spaces, located in El Paso, Texas, at Provided, That the construction of this fire. a site cost of $4,120,000 and design and review project does not exceed construction bench- President Clinton must condemn cost of $4,353,000, for a combined cost of marks as established by the General Services these brutal murders and demand the $8,473,000, a prospectus for which is attached Administration. Indonesian government disarm and dis- to, and included in, this resolution. Provided, That any design shall, to the BUD SHUSTER, band the militias and ensure the safe maximum extent possible incorporate shared Chairman. return of the refugees to East Timor. July 26, 2000. or collegial space, consistent with efficient Finally, the United States must court operations that will minimize the size There was no objection. maintain the suspension of all U.S. and cost of the building to be constructed. f military aid and relations with the In- Provided further, That any design shall in- NEVADA’S PRESCRIPTION DRUG donesian military until this has been corporate changes in the 1997 United States accomplished. PLAN WILL WORK Courts Design Guide, including the imple- The murder and mayhem in West mentation of a policy on shared courtrooms. (Mr. GIBBONS asked and was given BUD SHUSTER, Timor must stop today. Chairman. permission to address the House for 1 f July 26, 2000. minute and to revise and extend his remarks.) THE FIRST CONGRESS OPENED SITE AND DESIGN: UNITED STATES Mr. GIBBONS. Madam Speaker, last WITH PRAYER COURTHOUSE, NORFOLK, VIRGINIA week Vice President GORE criticized (Mr. PITTS asked and was given per- Resolved by the Committee on Transportation the State of Nevada for its innovative mission to address the House for 1 and Infrastructure of the U.S. House of Rep- prescription drug plan for seniors. minute and to revise and extend his re- resentatives, That pursuant to Section 7 of Mr. GORE said it would not work. Mr. marks.) the Public Buildings Act of 1959, (40 U.S.C. Mr. PITTS. Madam Speaker, on this § 606), appropriations are authorized for ac- GORE said it was a complete failure. He quisition of a site and the design for the al- also said insurance companies would day, September 6, 1774, 226 years ago, teration of the existing courthouse and con- not participate. the first Congress assembled in Phila- struction of an annex for a 399,394 gross Well, Mr. Speaker, I rise today to re- delphia. According to the Records of square foot United States courthouse, in- spectfully say that Mr. GORE’s state- Congress, Congress established two im- cluding 47 inside parking spaces, located in ments about Nevada’s prescription portant precedents on that day. First, Norfolk, Virginia, at a site cost and utility drug plan were false and misleading, rules of governing its procedures; and, relocation of $5,787,000 and design and review and Mr. GORE should apologize to the second, it decided to open its sessions cost of $4,806,000, for a combined cost of $10,593,000, a prospectus for which is attached hard-working people of Nevada. with prayer. to, and included in, this resolution. At least five insurance companies John Adams provided the details on Provided, That any design shall, to the have asked to serve as the vendor for that second decision, reporting that maximum extent possible incorporate shared the State’s program. The State of Ne- ‘‘When Congress first met, Mr. Cushing or collegial space, consistent with efficient vada will provide the selected insur- made a motion that it should be opened court operations that will minimize the size ance company with help and, in turn, in prayer. It was opposed by one or and cost of the building to be constructed. two, because we were so divided in reli- Provided further, That any design shall in- Nevada’s low-income seniors will truly corporate changes in the 1997 United States benefit from reduced prescription gious sentiment that we could not Courts Design Guide, including the imple- costs, starting next year. agree on the same act of worship. Mr. mentation of a policy on shared courtrooms. Providing an insurance-based pre- Samuel Adams rose and said, ‘He was BUD SHUSTER, scription drug benefit can work and no bigot, and could hear a prayer from Chairman. Nevada is leading the way. It is time to a gentleman of piety and virtue, who July 26, 2000. get Washington, D.C. out of the medi- was at the same time a friend to his CONSTRUCTION: UNITED STATES COURTHOUSE, cine cabinets of American seniors. It is country, and therefore he moved that ERIE, PENNSYLVANIA time to follow Nevada’s lead and pro- Mr. Duche, an Episcopalian clergyman, Resolved by the Committee on Transportation vide a voluntary, flexible, and afford- might be desired to read prayers to the and Infrastructure of the U.S. House of Rep- able prescription drug plan under Medi- Congress tomorrow morning.’ The mo- resentatives, That pursuant to Section 7 of care. tion was seconded and passed in the af- the Public Buildings Act of 1959, (40 U.S.C. f firmative.’’ § 606), appropriations are authorized for the Interestingly, although objections alteration of the existing courthouse and INDONESIAN MILITIAS KILL U.N. were raised against public prayers two construction of an annex for a 134,794 gross STAFF IN WEST TIMOR centuries ago, Congress quickly square foot United States courthouse com- (Mr. MCGOVERN asked and was plex, including 18 inside parking spaces, lo- learned that prayer was a unifying cated in Erie, Pennsylvania, at an additional given permission to address the House rather than a dividing force. Now, two design cost of $121,000, a management and infor 1 minute and to revise and extend centuries later, we still benefit from spection cost of $1,764,000, and estimated con- his remarks.) what they learned 226 years ago today. struction cost of $25,084,000 for a combined Mr. MCGOVERN. Madam Speaker, in f cost of $26,969,000, a prospectus for which is 1999, militias, armed and supported by attached to, and included, in this resolution. the Indonesian military, rampaged TAKE HEED REGARDING ELECTRIC Provided, That the construction of this through East Timor because the people UTILITY DEREGULATION project does not exceed construction bench- marks as established by the General Services of East Timor voted for freedom and (Mr. FILNER asked and was given Administration. independence. permission to address the House for 1 BUD SHUSTER, One year later, the militias are on minute and to revise and extend his re- Chairman. the rampage again. Today, pro-Indo- marks.)

VerDate 11-MAY-2000 02:56 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.014 pfrm02 PsN: H06PT1 H7220 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Mr. FILNER. Madam Speaker, I re- for 1 minute and to revise and extend INTERNATIONAL CHILD turned home, like all of my colleagues, his remarks.) ABDUCTION to my district in August. And what did Mr. TRAFICANT. Madam Speaker, (Mr. LAMPSON asked and was given I find in my hometown of San Diego? something stinks. First it was the Chi- permission to address the House for 1 In a word, disaster. nese general, then it was the Chinese minute.) San Diego is the first area of Cali- Communist party, and then along came Mr. LAMPSON. Madam Speaker, I fornia to fully deregulate its electrical another 96 Chinese nationals. And they rise today on my continued effort to utility industry. The result is that in all had one thing in common: They all bring to the attention of this House my just 3 months the double and tripling made illegal contributions to the deepest concern for the American fami- of electrical rates by the price-gouging Democratic National Committee. lies destroyed by cases of international electrical generators; seniors on fixed child abduction. incomes wondering whether to turn up b 1415 Today I will share with my col- their air conditioning or pay for their leagues the story of Ms. Ildiko And after all that, the Justice De- medicines; small businesses wondering Gerbatsch and her two daughters, partment said no investigation is war- how long they can hold out; hospitals, Naomi, 13, and Isabelle, 10. ranted. libraries, youth centers, schools, the In the summer of 1997, Naomi and military, all their budgets thrown into Now, if that was not enough to tip off Isabelle visited their father in Ger- turmoil. Barney Fife, my colleagues, task force many. At the end of the children’s While the State legislature has just chairmen LaBella and Conrad and FBI visit, their father failed to return them administered a Band-Aid to stop the Director Louis Freeh all recommended to their mother in the United States. bleeding, we need stronger and longer- an independent counsel for the matter After 3 years of legal disputes costing lasting action. I am asking the House and Janet Reno said no. She said no close to $100,000 in legal fees, the moth- today to pass legislation to roll back three times, my colleagues. er now has full custody of both chil- the wholesale rates for electricity in Beam me up. dren, but only on paper. the western region and roll those back Janet Reno has betrayed America. Ms. Gerbatsch has only been allowed retroactively. Those who have gouged Congress should demand immediately to visit with Naomi and Isabelle on our consumers for more than $350 milan investigation into both this Chinese three occasions. She has been mis- lion in the last 3 months should pay money laundry business and, number treated by the German courts, who the bill for their actions. two, Janet Reno. have failed to comply with the Hague We need to take this action now. So, I yield back the statement of the CIA my colleagues, welcome back, but look Treaty. that, as we speak, Chinese missiles are Madam Speaker, I come to the floor closely at San Diego. We are the poster pointed at us. children for the nation. Many of my for these daily 1-minutes because I care about families and reuniting children colleagues have deregulation bills in f their States and we have deregulation and parents. Let us make it our duty to bills on our floor. Deregulation cannot place pressure on countries who are work when the basic commodity is con- ESTATE TAX Hague signatories and who choose not trolled by monopolies. Take heed, Con- (Mr. EHLERS asked and was given to abide by that agreement. I urge my colleagues to join me in gress. permission to address the House for 1 spreading the message and taking a re- f minute and to revise and extend his responsible role in bringing our children marks.) DEATH TAX OVERRIDE home. Mr. EHLERS. Madam Speaker, when (Mr. BALLENGER asked and was I was a young lad, I grew up succes- f given permission to address the House sively in two different farming vil- SAVING SOCIAL SECURITY AND for 1 minute and to revise and extend lages. One had 800 occupants. Another IMPROVING EDUCATION IN his remarks.) had 200. And I became acquainted with AMERICA Mr. BALLENGER. Madam Speaker, the work of the farmers. They work author Pearl S. Buck once wrote, ‘‘Our (Mr. SMITH of Michigan asked and very, very hard. They struggle to build society must make it right and pos- was given permission to address the their farms. They reinvest in their sible for old people not to fear the House for 1 minute and to revise and farms. And when they die, they want to young or to be deserted by them, for extend his remarks.) leave it to their children. the test of a civilization is the way Mr. SMITH of Michigan. Madam But unfortunately, because of some- that it cares for its helpless members.’’ Speaker, over the last month, I held thing called the death tax, established Yet our Nation’s tax policies do desert many town hall meetings, meetings in order to finance World War I, they the elderly. with constituents across the 7th Con- The IRS bureaucrats tax seniors who frequently are not able to leave that gressional District of Michigan. work, scrimp, and save all their lives farm to their children. Two priority issues that seem to to build a business or a family farm. The death tax can be as high as 55 or come from those meetings as a mes- Their property and profits are taxed 60 percent. They simply cannot afford sage to me to bring back to Wash- yearly. They even pay taxes on their to pay the tax in order to keep the ington was making sure we save Social employees. And what is the result? farm. They do not have the cash. Their Security, not only a concern of the sen- Upon the death of the owner, a success- money is tied up in the land. iors but a concern of their kids and ful business is hit with a death tax of We passed a bill in the House and the their grandkids. up to 55 percent of the business’ worth. Senate to get rid of the death tax. The Secondly was somehow doing a better Most family businesses cannot survive President vetoed that plan. He and the job to improve education to make sure such crippling taxes, and families are Democrats in this Chamber argue that every child has the opportunity to forced to sell. this is a tax cut for the rich. They learn to their maximum potential. The death tax is uncivilized. Let us should go talk to some farmers. They So I challenge myself and I challenge override the Clinton veto of the death will find out they are not rich. Their my colleagues to give education a top tax. money is tied up in the land. It is not priority, to get the money out of Wash- f in their wallets. ington and into the district. I urge that we override the Presi- In terms of Social Security, we must CONGRESS SHOULD LOOK INTO dent’s veto and make things right for have provisions that make sure that CHINESE MONEY LAUNDERING these people. that generation that works so hard, SCHEME AND ATTORNEY GEN- The rich escape the estate tax. They that did so much, that sacrificed, that ERAL’S REFUSAL TO INVES- have attorneys who show them all the saved string, that saved tinfoil are not TIGATE ways to get rid of it. The farmers can- deprived of the Social Security that (Mr. TRAFICANT asked and was not afford to hire those attorneys. they have been promised by this Con- given permission to address the House I urge an override of the veto. gress. Let us make that effort.

VerDate 11-MAY-2000 03:01 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.008 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7221

In the last 71⁄2 years, this administra- The report says that much of the order at any time today for the Speak- tion has failed to give us the leadership world’s population lives in countries in er to entertain motions to suspend the to solve those problems. which the right to religious freedom is rules and pass the following bills: f restricted or prohibited. H.R. 4884, H.R. 4534, H.R. 4615, H.R. The Congress, the Clinton adminis- 3454, H.R. 4484, H.R. 2302, H.R. 4448, and SAVING SOCIAL SECURITY AND tration, and the next administration H.R. 4449. IMPROVING EDUCATION IN must do more to stand up for those who The SPEAKER pro tempore (Mrs. AMERICA are persecuted or suffer because of BIGGERT). Is there objection to the re- (Mr. SMITH of Michigan asked and their religious faith. quest of the gentlewoman from Mary- was given permission to address the f land? House for 1 minute and to revise and There was no objection. extend his remarks.) PRESIDENT CLINTON’S TRAVEL f EXCESSES Mr. SMITH of Michigan. Madam Speaker, ANNOUNCEMENT BY THE SPEAKER over the last month, I held many town hall (Mr. STEARNS asked and was given PRO TEMPORE meetings, and forums with constituents across permission to address the House for 1 the 7th Congressional District of Michigan. minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- Two priority issues that came up in most marks.) ant to the provisions of clause 8 of rule every meeting was Education and Social Se- Mr. STEARNS. Madam Speaker, re- XX, the Chair announces that she will postpone further proceedings today on curity. Making sure we save Social Security, member back in 1992 when President each motion to suspend the rules on was not only a concern of the seniors but a Clinton was criticizing then President which a recorded vote or the yeas and concern of younger workers. Bush for his travels around the world? nays are ordered, or on which the vote Parents were concerned about the K And remember in the Democrat Con- is objected to under clause 6 of rule through 12 education for their kids; somehow vention they had T-shirts that said, XX. doing a better job to improve education to ‘‘George Bush’s around-the-world Such record votes, if postponed, will make sure every child has the opportunity to tour’’? be taken after debate has concluded on learn to their maximum potential. Well, it has been 8 years. Let us look all motions to suspend the rules, but So I challenge myself and I challenge my at the record. President Clinton has not before 6 p.m. today. colleagues to give education a top priority, to been one of the most widely traveled of f get the money out of Washington and into the all Presidents, according to the Wash- class room so educators and parents can de- ington Post. He has traveled with huge WILLIAM S. BROOMFIELD POST cide how best to use it. entourages. He has spent almost $300 OFFICE BUILDING In terms of Social Security, we must have million just in the last 3 years. And Mrs. MORELLA. Madam Speaker, I provisions that make sure that that generation while his term is ending, President move to suspend the rules and pass the that worked so hard, that did so much, that Clinton decided to go on one more bill (H.R. 4884) to redesignate the facil- sacrificed, that saved string, that bundled tin- worldwide tour while he still was on ity of the United States Postal Service foil for the war effort are not deprived of the the taxpayers’ tab. located at 200 West 2nd Street in Royal Social Security that they were promised. Let According to the GAO, Clinton and Oak, Michigan, as the ‘‘William S. us make that effort. other government officials had been on Broomfield Post Office Building.’’ In the last 71¤2 years, this administration has 159 trips in the last 3 years. The Clerk read as follows: failed to give us the leadership to solve those Mr. President, it is time to come Be it enacted by the Senate and House of Rep- problems. Let us do better in the future. home and tend to business. resentatives of the United States of America in Congress assembled, f f SECTION 1. REDESIGNATION. STATE DEPARTMENT ANNUAL RE- PRESCRIPTION DRUG PLANS The facility of the United States Postal Service located at 200 West 2nd Street in PORT ON INTERNATIONAL RELI- (Ms. NORTON asked and was given GIOUS FREEDOM Royal Oak, Michigan, and known as the permission to address the House for 1 Royal Oak Post Office, shall be known and (Mr. WOLF asked and was given per- minute and to revise and extend her redesignated as the ‘‘William S. Broomfield mission to address the House for 1 marks.) Post Office Building’’. minute and to revise and extend his re- Ms. NORTON. Madam Speaker, after SEC. 2. REFERENCES. marks.) the Bush press conference yesterday, Any reference in a law, map, regulation, Mr. WOLF. Madam Speaker, the there are now competing prescription document, paper, or other record of the State Department’s Annual Report on United States to the facility referred to in drug plans from the candidates. But for section 1 shall be deemed to be a reference to International Religious Freedom was the elderly or the baby-boomers, the the ‘‘William S. Broomfield Post Office released yesterday. competition is already over. Building’’. Among the countries that continue The Bush plan is a fundamental, The SPEAKER pro tempore. Pursu- to stand out because of their horrible third-rail change from universally ant to the rule, the gentlewoman from record on religious freedom are China available benefits the way Social Secu- Maryland (Mrs. MORELLA) and the gen- and Sudan. rity and Medicare have always been to tleman from Maryland (Mr. CUMMINGS) The report says of China: ‘‘Govern- a low-income benefit more like welfare. each will control 20 minutes. ment respect for religious freedom in If they have little money, they get it; The Chair recognizes the gentle- China deteriorated, as the persecution otherwise, they do not. woman from Maryland (Mrs. MORELLA). of several religious minorities in- I represent a lot of lower-income sen- GENERAL LEAVE creased.’’ iors who will be taken care of by either Mrs. MORELLA. Madam Speaker, I Such groups as Tibetan Buddhists, both the Bush or the Gore plan. But I ask unanimous consent that all Mem- Muslims, Falun Gong practitioners, am not about to support a plan that bers may have 5 legislative days within and unofficial Protestants and Roman leaves out my many middle-income which to revise and extend their re- Catholics were subject to harassment, seniors who are in the same boat when marks on H.R. 4884. extortion, prolonged detention, phys- it comes to expensive drugs. The SPEAKER pro tempore. Is there ical abuse, and incarceration in prison Governor Bush cannot restructure objection to the request of the gentle- or reeducation camps through labor, Medicare by restructuring the middle woman from Maryland? while the State Department says that class out of it. There was no objection. there are credible reports that the Chi- f Mrs. MORELLA. Madam Speaker, I nese Government beat and tortured yield myself such time as I may con- these people of faith. MAKING IN ORDER CERTAIN MO- sume. Also, in Sudan, it says the Muslim- TIONS TO SUSPEND THE RULES Madam Speaker, I commend the dominated regime continued to per- ON TODAY sponsor of this legislation, the gen- secute members of different religious Mrs. MORELLA. Madam Speaker, I tleman from Michigan (Mr. KNOLLEN- minorities, Christian and Muslim. ask unanimous consent that it be in BERG), for introducing this legislation,

VerDate 11-MAY-2000 03:01 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.046 pfrm02 PsN: H06PT1 H7222 CONGRESSIONAL RECORD — HOUSE September 6, 2000 H.R. 4884, introduced on July 19, 2000, municipal court judge and a fine uni- gress in 1956, the same time as the sec- that designates the facility of the versity educator and administrator. I ond Eisenhower administration; and he United States Postal Service located at look forward to the swift passage of did not stop serving his constituents 200 West 2nd Street in Royal Oak, these measures, as H.R. 4884. until his retirement from this body in Michigan, as the ‘‘William S. Broom- This bill, which redesignates a post 1992, a span of 36 years. During his ten- field Post Office Building.’’ office after William S. Broomfield, was ure, he served with eight different This legislation has the support of all introduced by the gentleman from presidents. members of the House delegation from Michigan (Mr. KNOLLENBERG) on July During his tenure, Bill Broomfield the State of Michigan, pursuant to the 19, 2000. was the hallmark of bipartisanship and policy of the Committee on Govern- Mr. Broomfield was born in Royal a self-defined consensus builder. He ment Reform. Oak, Michigan, and graduated from served as a member of the Foreign Af- Madam Speaker, it is my privilege to high school and attended Michigan fairs Committee, later named the speak briefly on the former Member of State College. He served in the United International Relations Committee, Congress and my friend, William S. States Army Air Corps and was a mem- where he helped craft America’s for- Broomfield, for whom I was privileged ber of the Michigan State House and eign policy during the critical Cold to serve for 6 years. Senate. He was elected to the 85th Con- War era. He served as the ranking Mr. Broomfield was born in Royal gress in 1956 and represented the 18th member of this committee from the Oak, Michigan, and graduated from Congressional District until his retire- mid-1970s until his retirement from Michigan State College, now known as ment in 1992. this body. He was also the point person Michigan State University. He served Former Congressman Broomfield was in Congress for many of the foreign in the United States Army Air Corps a member of the Committee on Inter- policy initiatives championed by Presi- during the Second World War and then national Relations and widely recog- dents Reagan and Bush. From Nica- went into the real estate and property nized as a consensus builder. He rep- ragua to the Persian Gulf to Eastern management business. resented his constituents for well over Europe to North Korea, he led the Bill, as he continues to be known by 40 years and is still involved in local charge in Congress for the foreign pol- his friends and by those whom he has charity work. icy that ultimately won the Cold War. For this effort, Michiganders and represented, was elected to the Michi- I urge the swift adoption of this Americans everywhere owe him a tre- gan State House of Representatives measure. mendous debt of gratitude. The history from 1949 to 1954. He served as speaker Madam Speaker, I reserve the bal- books may credit Reagan and Bush pro tem in 1953. He was then elected to ance of my time. with bringing down communism, but the State Senate in 1955 and 1956. b 1430 In January 1957, Michigan’s 18th dis- make no mistake, it should also mention Bill Broomfield in the same breath trict elected him to the 85th Congress. Mrs. MORELLA. Madam Speaker, I for his outstanding contribution to the He served for 17 succeeding Congresses am pleased to yield such time as he effort that won the Cold War. until January 1992, when he voluntarily may consume to the gentleman from Michigan (Mr. KNOLLENBERG), the chief Bill Broomfield was also a careful retired. keeper of Congress’s prerogatives in During his tenure in Congress, Rep- sponsor of this bill. Mr. KNOLLENBERG. Madam Speak- foreign policy. He made sure that the resentative Broomfield served as a legislative branch of government ful- member of the Committee on Foreign er, I thank the gentlewoman from Maryland (Mrs. MORELLA) for yielding filled its constitutional duty and that Affairs and was ranking member from the President consulted with law- 1975 until his retirement in 1992. me this time. I want to begin also by thanking the gentleman from New makers. For example, Mr. Broomfield After retirement, Bill Broomfield ensured that President Bush would started a foundation in Michigan that York (Mr. MCHUGH) for bringing this bill to the floor today. I also want to consult with Congress when the chief supports various charities in southeast executive ordered a massive troop Michigan, including the efforts to cure thank the ranking member, the gentleman from Pennsylvania (Mr. buildup in Saudi Arabia in response to cancer, spina bifida, Alzheimer’s, and Iraq’s aggression in Kuwait. When FATTAH), for his valuable assistance as the Salvation Army. President Bush did come to Congress, well; and I appreciate the gentleman Mr. Broomfield is now a resident of Bill Broomfield supported his efforts. from Maryland (Mr. CUMMINGS) being Lake Orion, Michigan. It is fitting that He said, ‘‘We must give the President with us during this debate today. a post office be named after William S. the power he needs to convince Saddam I rise to pay much deserved tribute Broomfield in Royal Oak, the birth- that he has no other alternative.’’ place of this dedicated and respected to Congressman William S. Broomfield Think about all the changes in Amer- public servant. who is so endearing and personable ica that Bill Broomfield had the privi- I wholeheartedly endorse this resolu- that he was known to his constituents lege of witnessing firsthand during his tion and urge all of our colleagues to simply as Bill. And Bill Broomfield is 36-year tenure in this body. He has seen support this bill, H.R. 4884, honoring here with us today. I stand before the the rise and fall of Soviet totali- Bill Broomfield, a gentleman and a col- House as the sponsor of H.R. 4884, legis- tarianism. He has seen man reach the league and a friend of many in this lation that has been described as nam- Moon and Jim Crow fall. He helped House. ing the post office building at 200 West move the U.S. post-war era economy to Madam Speaker, I reserve the bal- Second Street in Royal Oak, Michigan the brink of the technological revolu- ance of my time. in honor of my friend and predecessor. tion. Mr. CUMMINGS. Madam Speaker, I I am pleased to report to my col- As we move into the 21st century, we yield myself such time as I may con- leagues that the entire Michigan House should not forget the legacy of those sume. delegation has not only signed on as who helped us get there and Bill Madam Speaker, as a member of the cosponsors but as original cosponsors Broomfield was at the forefront of that House Committee on Government Re- of this bill. Madam Speaker, Bill crusade. Just because he retired from form, I am pleased to join my friend Broomfield is so well respected by his elective office did not mean that he and fellow committee member, the colleagues on both sides of the aisle stopped serving the public. In fact, he gentlewoman from Maryland (Mrs. that both Republicans and Democrats started a foundation that supports MORELLA), in the consideration of stand together to honor this fine man. many causes and charities throughout these postal-naming bills. As was mentioned, Bill Broomfield southeast Michigan, including the Sal- We seek to pass bills which name was born in Royal Oak, Michigan back vation Army and efforts for fighting eight post offices after a number of dis- in 1922; went on to Michigan State Uni- cancer, Alzheimer’s and spina bifida. tinguished Americans. Collectively, we versity, then known as Michigan State Bill Broomfield is Royal Oak’s favor- will honor two former Members of Con- College; and he has been serving ably ite son and a true man of the people. gress, a pastor, the first African Amer- in the Michigan legislature and in Con- He loves the people that he served for ican chaplain, a POW, an assembly- gress for, as has been mentioned, over and they have love, admiration and re- man, and the first African American 40 years. He was first elected to Con- spect for him. I also want to mention

VerDate 11-MAY-2000 03:01 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.012 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7223 his devoted wife of so many years, Salvador, just among some of them, At that time the Congressman had a Jane, who was so active in the commu- the nuclear weapons freeze, Lebanon, turnaround time for 98 percent of his nity. From the middle of the Eisen- issues relating to Greece and Turkey, mail of 24 hours. So he had set a target. hower era to the beginning of the Clin- and even though often we were on dif- Do we not all wish we had a 24-hour ton administration, Bill Broomfield ferent sides, there was always this ef- turnaround time that we could give was a gentleman in every sense of the fort to find a consensus and, most im- that kind of attention and dedication word and an example of everything portant, an air and reality of civility. to mail? He did that. I have tried to that is good and decent in public serv- Truly, Bill, has been a public servant, achieve it. ice and this institution. Naming the a wonderful public servant in terms of Here is a gentleman that has guided post office in his hometown of Royal your dedication. I first represented us through foreign policy decisions for Oak is just one way we can pay tribute Royal Oak in 1982 in the Congress. That his 36 years in the United States Con- to this fine man. was 10 years after Bill Broomfield no gress, from the problems of Soviet in- I urge support for the bill. longer represented his home city Royal vasion in Hungary, their invasion of Mr. CUMMINGS. Madam Speaker, I Oak. But everywhere I went in those Czechoslovakia, Nicaragua, the Persian yield myself such time as I may con- early years, Bill Broomfield was fondly Gulf, Eastern Europe, Iran, Iraq, the sume. remembered and still remains such. problems with North Korea. We should I want to thank the gentleman from As mentioned, he was born in Royal be consulting with him on a regular Michigan (Mr. KNOLLENBERG) for spon- Oak, he was raised in the city of Royal basis for our current international af- soring this legislation. The thought Oak, he went to schools there, several fairs. Bill Broomfield, again, congratu- came to my mind of something that of which have been torn down, some lations. I am proud to be a cosponsor of Voltaire said. He said, ‘‘He who give near where we now live. He represented this legislation. not thanks to man give not thanks to the Royal Oak area in the State and Mr. SMITH of Michigan. Madam Speaker, in God.’’ And so it is quite appropriate then the Federal legislatures for al- behalf of this House, we welcome the Honor- that we do this this afternoon. most 25 years. So in a word, it is highly able Bill Broomfield to this Chamber again, to Madam Speaker, I am very pleased to fitting today that the post office in his old stomping grounds. Bill helped me when yield 5 minutes to the gentleman from Royal Oak be named after Bill Broom- he was first elected to office in 1957, in his Michigan (Mr. LEVIN). field. It marks, this designation, the first year, and he helped me again in his last Mr. LEVIN. Madam Speaker, I thank service of Bill Broomfield and his wife year in 1992. In 1957, my brother, Chan, who the gentleman from Maryland (Mr. Jane on behalf of the citizens of Royal was a jet pilot, was killed in Asia. All of his CUMMINGS), the gentlewoman from Oak. Royal Oak has grown mightily personal effects had been lost coming back to Maryland (Mrs. MORELLA), the gen- these last 10, 15 years, so much so that Michigan. Chan's wife, Bonnie, who was from tleman from Michigan (Mr. KNOLLEN- I think Bill’s beloved parents would Royal Oak, and I went to Bill Broomfield. And BERG) and everybody else who has hardly recognize it. But Royal Oak has so this new freshman Congressman pushed joined together for this happy moment. remained, in a sense, as it was and it ahead, found Chan's personal effects and got And that it is. I first knew Bill Broom- has retained its roots, and the post of- them back to us. Again when I was first elected in 1992, I field as a constituent. My wife and I fice is an important institution within went to Bill Broomfield who had been a friend moved to Berkley in 1957. Bill Broom- this community. field was Congressman while we lived So I say to you, Bill Broomfield, it is to help give me some guidance on learning to there through 1972 when the districts a pleasure to join so many others in be a good Congressman. What struck me as changed. this effort today. We feel especially significant is Bill said, ``Look, one of the things I also came to know Bill Broomfield pleased that you are here, healthy and I try to do the best I can is responding hon- as a competitor, in a sense. In the early continuing in service to the commu- estly and quickly to mail coming in from constituents.'' At that time the Congressman had 1960s, I was the county chair of the nity. This is a joyful moment for us all. a turnaround time for 98 percent of his mail of Democratic Party; and then in 1968, I I am sure this institution will rise to- 24 hours. So he had set a target and achieved was the State chair. And we tried very gether in naming the post office of it. Do we not all wish we had the ability to re- hard to defeat Bill Broomfield. So I Royal Oak after a distinguished, dedi- spond to constituent inquiries in a 24-hour knew him as a competitor. And then I cated public servant, William S. turnaround time; that we could give that kind had the privilege, beginning in 1982, to Broomfield. know Bill as a colleague. And through- Mrs. MORELLA. Madam Speaker, I of attention and dedication to mail? He did that. I have tried to follow his advice and ex- out all of these relationships, his char- am pleased to yield 2 minutes to the ample. acteristics were constant, a dedicated gentleman from Michigan (Mr. SMITH). Here is a gentleman that has guided us public servant, honest to the core, Mr. SMITH of Michigan. Madam through foreign policy decisions for his 36 hardworking in DC., and at home; and Speaker, in behalf of this House, we years in the United States Congress, from the welcome the Honorable Bill Broomfield when I was the Democratic chair I problems of Soviet invasion in Hungary, their to this Chamber again, to his old thought he was too hardworking. It invasion of Czechoslovakia, the problems in Chamber. Bill helped me when he was also was so characteristic that in all of Nicaragua, the Persian Gulf, Eastern Europe, first elected to office in 1957 when he his relationships, there was a complete Iran, Iraq, the problems with North Korea. Bill civility. first came in, and he helped me again is still an excellent consultant for our current I think these characteristics were in his last year in 1992. In 1957, my international challenges. Bill Broomfield, again, well noted upon Bill’s retirement, first brother, who was a jet pilot, was killed congratulations. I am proud to be a cosponsor by President Carter who said, ‘‘Your in Asia. All of his personal effects had of this legislation honoring you. record number of terms is testimony to been lost coming back to Michigan. Mr. CUMMINGS. Madam Speaker, I the impact you have made on the lives Chan’s wife, Bonnie, and I went to Bill yield 3 minutes to the distinguished of all whom you have served so well Broomfield. Bonnie is from Royal Oak. gentleman from Ohio (Mr. TRAFICANT). over the years,’’ and also former Presi- And so this new freshman Congressman Mr. TRAFICANT. Madam Speaker, I dent Ronald Reagan who said, ‘‘It was pushed ahead, found Chan’s personal ef- commend both the gentleman from an honor to have you ‘on my team.’ fects and got them back to us. Maryland (Mr. CUMMINGS) and the gen- Through your dedication, you have es- Again when I was first elected in tlewoman from Maryland (Mrs. tablished a distinct record of commu- 1992, I won a tough primary, did not MORELLA) for bringing this to the floor nity service that has so intimately have any final opposition in the gen- and for the committee. It is good to see been dedicated to your fellow man.’’ eral, and came to Bill Broomfield who our good friend Mr. Broomfield here. I During those years, the Carter years had been a friend in between to help want to commend the gentleman from and the Reagan years, as noted, Bill give me some guidance on learning to Michigan (Mr. KNOLLENBERG) for the Broomfield was on Foreign Affairs and be a good Congressman. What struck legislation. became ranking there. And they were me as significant is Bill said, ‘‘Look, I heard comments earlier of what a years of controversy, as Bill Broom- one of the things I try to do the best I competitor he was. Bill Broomfield was field remembers so well. I was there can is responding honestly and quickly not just a competitor. He was a con- during many of these controversies. El to mail coming in from constituents.’’ summate winner, a winner for Royal

VerDate 11-MAY-2000 03:01 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.045 pfrm02 PsN: H06PT1 H7224 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Oak, a winner for Michigan, a winner Accordingly, I urge all of our col- Broomfield, but the gentleman from for the United States of America, and leagues to support this resolution that Michigan (Mr. DINGELL), who wanted to with his distinguished record if you appropriately honors former Congress- be here today but is tied up in a con- take the time to really look at it, he man Bill Broomfield and the constitu- ference committee, told me that Mr. was a winner for the entire world. ents he served so well for so long in the Broomfield is probably one of the Just earlier I was here. I did not 18th District of Michigan. greatest public servants he served know this bill was scheduled. Mr. Mr. CUMMINGS. Madam Speaker, I with. One of the things that he said is Broomfield came over. He is a dear reserve the balance of my time. that no matter how difficult the argu- friend to all of us and always has time Mrs. MORELLA. Madam Speaker, I ments became, no matter how heated, for everyone. He said, I just wish that yield 5 minutes to the gentleman from he always knew that he was speaking my parents could be here today. I want Michigan (Mr. EHLERS). from his heart and synchronizing his to say on the House floor, his parents Mr. EHLERS. Madam Speaker, I did conscience with his conduct, and per- are here today; they are here in you. not have the pleasure of working with haps that is the type of example that And all of your family that will follow Mr. Broomfield, but I do want to offer we here now serving should follow. will benefit from the fact that they some testimonials based on the infor- So it is indeed my honor to salute will see the great contributions of your mation I have as a fellow Michiganian. him. And I can say this for all of our I think it is entirely appropriate that parents and you and your family as honorees today, the people that we will we name the post office in Royal Oak this post office is named on your be- be honoring, Madam Speaker, when I in honor of this gentleman. For years half. asked a fellow Marylander how it felt he carried the mail for the Republicans to have a post office named after him, b 1445 in the Congress and also for the Repub- and his name is Sam Lacey, one of the This is truly fitting, and it is an licans in the White House. And even great sports writers, he broke out into honor that is justly deserved; and I am while he was carrying the mail for the tears, and he said just the idea that proud to be a part of this today and President, very often he also had the children yet unborn will walk past that wish you and your family the very courage, when he thought the mail was post office and see my name and they best. inappropriate or not addressed prop- simply will ask the question, who was Mrs. MORELLA. Madam Speaker, I erly, to stand up to the Presidents and he? And if someone can simply answer yield 4 minutes to the gentleman from say, wait a minute, I think you are with a smile that he was a great man New York (Mr. GILMAN), chairman of going down the wrong track; I think and that he touched this earth and the Committee on International Rela- you have to rethink this and do it dif- made it better, then that makes me tions. ferently. Frequently, they were willing happy. (Mr. GILMAN asked and was given to listen. I am sure Congressman Broomfield permission to revise and extend his re- He is a man of honor, a man of good can say the same thing, and so we take marks.) service, and a man of good political this moment to honor him and honor Mr. GILMAN. Madam Speaker, I sense. My first acquaintance with him the people of Michigan. thank the gentlewoman from Maryland was when I first moved to Michigan in Madam Speaker, I yield back the bal- 1967. He had then been in office 11 (Mrs. MORELLA) for yielding the time ance of my time. to me. years; he had taken office when I was Mrs. MORELLA. Madam Speaker, I Madam Speaker, I am pleased to rise just entering graduate school. But soon yield myself such time as I may con- today in strong support of H.R. 4884, after I came to Michigan, I began read- sume. designating the facility of the United ing about him in the papers; and I Again, I am very honored to be here States Postal Service located at 200 thought that this is a man who knows with this bill that I support so strong- what he is doing and knows how to do ly, H.R. 4884, honoring our former West Second Street in Royal Oak, it right, and my judgment was correct. Member of Congress, Bill Broomfield. Michigan, as the William Broomfield I am sorry that I was not able to He was indeed, as we have heard, a coa- Post Office Building. And I commend serve with him. I arrived in the Con- lition builder, someone who was always the gentlewoman from Maryland (Mrs. gress only 11 months after he left, but fair, a gentle man and always who re- MORELLA) and the gentleman from his legend has persisted; and I have ap- spected all of his colleagues and re- Michigan (Mr. KNOLLENBERG) for bring- preciated him, particularly his excel- spected the people that he represented ing this resolution to the floor, along lence in foreign affairs, something in and very committed to the work of with the gentleman from New York which I personally believe the Con- making America as best as could be (Mr. MCHUGH), chairman of the Sub- gress, both the House and the Senate, done. committee on Postal Service, and the should play a much more active role, Madam Speaker, I congratulate all of gentleman from Maryland (Mr. similar to what they did a number of us for the idea of having a post office CUMMINGS) for bringing this to our at- years ago during and following World named for Bill Broomfield, and I contention today. War II. He was a careful keeper of Con- gratulate him and Mrs. Broomfield. Bill Broomfield, who we are pleased gress’ prerogatives in foreign policy, Mr. DINGELL. Madam Speaker, I is with us today and in this Chamber, and he served well and honorably in so rise today in support of the gentleman was first elected to the Congress in 1956 many ways, not only in the Committee from Michigan’s resolution, and in and meritoriously served his constitu- on Foreign Relations, but in other honor of a fellow Michigander, William ents of Michigan’s 18th district for ways and particularly in service to his Broomfield, with whom I had the privi- some 36 years, until he retired in 1992. constituents. lege of serving with in this body for As a member of Committee on Inter- I had no idea when I moved to Michi- thirty-six years. William Broomfield national Relations, earlier known as gan in 1967 that I would some day be was born in Royal Oak, Michigan and the Committee on Foreign Affairs, I serving in this House. In fact, I had no represented it in Congress with distinc- had the distinct pleasure of serving intention of doing so, but I am pleased tion. It is only fitting that the city’s with Bill for many years, where, as our to be here to try to carry on the work post office be named in his honor. ranking member, Bill Broomfield and fulfill the legend that Mr. Broom- William Broomfield was a man of helped to establish our Nation’s foreign field established for Michigan, for his principle and foresight. Moreover, he policy during the critical Cold War pe- district and for this country. He is an was a dedicated and tireless public riod. honorable person who did an out- servant who honorably represented It was during all of those years in standing job for his country, and we residents of Michigan in our State leg- working with Bill that I experienced are here today to show our apprecia- islature and, most notably, in the U.S. Bill Broomfield’s unique ability to tion for what he has done for us. House of Representatives for most of bring our Members of Congress to- Mr. CUMMINGS. Madam Speaker, I his adult life. William Broomfield’s ca- gether as he sought to build a con- yield myself such time as I may con- pable service to his constituents was sensus on numerous important issues sume. rewarded time and time again by their championed by then President Reagan Madam Speaker, I did not have the continual support for him as their Rep- and President Bush. opportunity to serve with Congressman resentative.

VerDate 11-MAY-2000 04:22 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.017 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7225 William Broomfield was also a main- Mrs. MORELLA. Madam Speaker, on ministration. Later, he was elected to stay of the Foreign Affairs Committee. that I demand the yeas and nays. the 88th Congress and served until Jan- As Ranking member for fourteen years, The yeas and nays were ordered. uary 3, 1986. he was a workhorse rather than a show The SPEAKER pro tempore. Pursu- Mr. Broyhill was elected to the House horse. He did not seek out the spot- ant to clause 8 of rule XX and the of Representatives to represent the light, but worked tirelessly, often be- Chair’s prior announcement, further 10th District of North Carolina in 1962 hind the scenes, to help craft impor- proceedings on this motion will be and was reelected to 11 succeeding Con- tant legislation that was amiable to postponed. gresses. During this period, he served both sides of the isle and in the best in- f as the ranking member on the Com- terests of our great country. mittee on Energy and Commerce. Mr. JAMES T. BROYHILL POST OFFICE Naming the Royal Oak Post Office Broyhill resigned his House seat in BUILDING Building in William Broomfield’s honor July 1986 when he was appointed to the is a proper tribute to a man who vigor- Mrs. MORELLA. Madam Speaker, I United States Senate to fill the unex- ously served his constituents and hon- move to suspend the rules and pass the pired term of Senator James East of orably served his country in doing so. bill (H.R. 4534) to designate the facility North Carolina who died unexpectedly. As such, Mr. Speaker, I would ask my of the United States Postal Service lo- Senator Broyhill was respected by colleagues to support this resolution cated at 114 Ridge Street in Lenoir, both Houses on both sides of the aisle and join me in honoring a good man North Carolina, as the ‘‘James T. Broy- as a level-headed and open-minded leg- and public servant who did much for hill Post Office Building,’’ as amended. islator. his state and country, William Broom- The Clerk read as follows: Madam Speaker, I commend our col- field. H.R. 4534 league, the gentleman from North Mr. BEREUTER. Madam Speaker, Be it enacted by the Senate and House of Rep- Carolina (Mr. BURR), for sponsorship of this Member wants to express strong resentatives of the United States of America in this legislation. I urge support of H.R. support for H.R. 4884, which would Congress assembled, 4534 by all of our colleagues. name a United States Postal Service SECTION 1. JAMES T. BROYHILL POST OFFICE Madam Speaker, I reserve the bal- facility in Royal Oak, Michigan, as the BUILDING ance of my time. ‘‘William S. Broomfield Post Office (a) DESIGNATION.—The facility of the Mr. CUMMINGS. Madam Speaker, I United States Postal Service located at 114 yield myself such time as I may con- Building.’’ This Member became well Ridge Street, N.W. in Lenoir, North Caro- acquainted and impressed with the de- lina, shall be known and designated as the sume. cency, convictions, and leadership of ‘‘James T. Broyhill Post Office Building’’. Madam Speaker, H.R. 4534, which Representative Bill Broomfield. A (b) REFERENCES.—Any reference in a law, names a post office after James T. Member of this body from 1956–1992, map, regulation, document, paper, or other Broyhill, was introduced by the gen- Bill Broomfield served the state of record of the United States to the facility re- tleman from North Carolina (Mr. BURR) Michigan with extraordinary distinc- ferred to in subsection (a) shall be deemed to on May 24, 2000. tion. When this Member joined the be a reference to the ‘‘James T. Broyhill James T. Broyhill was born in Post Office Building’’. House Foreign Affairs Committee at Lenoir, North Carolina in 1927. He the beginning of his 3rd term, Rep- The SPEAKER pro tempore. Pursu- graduated from the University of North resentative Broomfield, the senior Re- ant to the rule, the gentlewoman from Carolina at Chapel Hill in 1950. He publican member of the Committee, Maryland (Mrs. MORELLA) and the gen- served as vice president of Broyhill gave this member great advice when tleman from Maryland (Mr. CUMMINGS) Furniture Industries and was a member requested, support and encouragement, each will control 20 minutes. of the Lenoir Chamber of Commerce and most importantly an outstanding The Chair recognizes the gentle- where he served as president for 2 example of how a Representative can woman from Maryland (Mrs. MORELLA). years. so capably represent their constituency GENERAL LEAVE In 1962, James Broyhill was elected and state, while pursuing the national Mrs. MORELLA. Madam Speaker, I to the United States House of Rep- interest on matters of foreign policy. ask unanimous consent that all Mem- resentatives where he served until 1986. During his time as a senior member of bers may have 5 legislative days within He was the ranking member of the the Foreign Affairs Committee, this which to revise and extend their re- House Energy and Committee on Com- nation faced numerous crises—the marks on H.R. 4534, as amended. merce for a number of years. Cuban missile crisis, the Vietnam War, The SPEAKER pro tempore. Is there Upon the death of Senator John East, the Soviet invasion of Afghanistan, objection to the request of the gentle- Congressman Broyhill was appointed to turmoil in Latin America, and the col- woman from Maryland? the United States Senate by the gov- lapse of the Soviet empire. In each in- There was no objection. ernor. He subsequently lost in his elec- stance, Bill Broomfield’s first thought Mrs. MORELLA. Madam Speaker, I tion bid for the Senate seat and was ap- was toward the U.S. national interest. yield myself such time as I may con- pointed to serve as the chairman of the Thus the designation of this Post Of- sume. North Carolina Economic Development fice Building with his name in his (Mrs. MORELLA asked and was given Board. He is currently retired and liv- home town is certainly one way his permission to revise and extend her re- ing in Winston Salem, North Carolina. colleagues and newer Members of Con- marks.) I urge the swift adoption of this meas- gress can appropriately recognize the Mrs. MORELLA. Madam Speaker, I ure. outstanding contributions he made to want to commend the sponsor of this Madam Speaker, I reserve the bal- America while a Member of the U.S. legislation, the gentleman from North ance of my time. House of Representatives. Carolina (Mr. BURR), for introducing Mrs. MORELLA. Madam Speaker, I Madam Speaker, obviously, this H.R. 4534. The bill was introduced on yield 4 minutes to the gentleman from Member encourages his colleagues to July 19 of this year and is cosponsored North Carolina (Mr. BURR), the author support this legislation and hereby ex- by each member of the House delega- of this legislation. tend this Member’s appreciation of his tion from the State of North Carolina. (Mr. BURR of North Carolina asked service to Bill Broomfield and his fam- This legislation, as amended, will and was given permission to revise and ily. designate the facility of the United extend his remarks.) Mrs. MORELLA. Madam Speaker, I States Postal Service located at 114 Mr. BURR of North Carolina. Madam yield back the balance of my time. Ridge Street, Northwest, in Lenoir, Speaker, I thank the gentlewoman The SPEAKER pro tempore (Mrs. North Carolina, as the James T. Broy- from Maryland (Mrs. MORELLA) for BIGGERT). The question is on the mo- hill Post Office Building. yielding the time to me. tion offered by the gentlewoman from James Thomas Broyhill was born in Madam Speaker, it is indeed an Maryland (Mrs. MORELLA) that the Lenoir, North Carolina, in 1927. He at- honor to be here today to ask my col- House suspend the rules and pass the tended public schools and graduated leagues to support H.R. 4534, which was bill, H.R. 4884. from the University of North Carolina cosponsored by every member of the The question was taken. in 1950 with a BS degree in business ad- North Carolina delegation.

VerDate 11-MAY-2000 04:22 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.026 pfrm02 PsN: H06PT1 H7226 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Jim Broyhill, along with his entire Jim Broyhill never went in for nega- tleman from Maryland, when I next family, has always had a sincere dedi- tive campaigning. That is the type of drive through Lenoir on my way to the cation to serving the community and individual Jim Broyhill was, a very op- crest of the Blue Ridge Mountains, I helping wherever there was a need. His timistic person. will feel just a little better as I drive parents instilled in him the importance Jim Broyhill’s years of service de- through that little mountain town, of giving of oneself and time to help serve some form of recognition, and the knowing that its Post Office bears the make a better place for all to live. It naming of a post office in his home- name of Jim Broyhill, an outstanding was because of this desire that in 1962 town is a small way in which we can American, an outstanding public serv- Jim Broyhill first ran for the United honor the work that he has already ant. I know that my colleagues in the States Congress in the old eighth dis- done before us. House, here in the people’s House, join trict of North Carolina. I urge my colleagues to vote in sup- me in extending our best wishes to Jim There is a story that is told on Jim; port of H.R. 4534, to rename the Lenoir and Louise Broyhill and their family. it is still told today about that first Post Office as the ‘‘James T. Broyhill Mrs. MORELLA. Madam Speaker, I campaign. Old timers in Alexander Post Office Building.’’ thank the gentleman from North Caro- County remember the first speech that Mr. CUMMINGS. Madam Speaker, I lina for his very heartfelt comments. Jim Broyhill gave as a candidate. They yield myself such time as I may con- Madam Speaker, I am pleased to said it was one of the worst speeches sume. yield 2 minutes to the distinguished they ever heard a political candidate Madam Speaker, in listening to the gentleman from North Carolina (Mr. ever give, but thank goodness Jim gentleman from North Carolina (Mr. BALLENGER). Broyhill got better as that campaign BURR), and I want to thank him for Mr. BALLENGER. Madam Speaker, I went on. sponsoring the legislation, but he would like, first of all, to thank the In time, he rose to the position of talked about Mr. Broyhill not engaging gentlewoman from Maryland for yield- ranking member of the Committee on in negative campaigning. I think it was ing me time, and also thank the gen- Commerce; and with this, his influence Mother Teresa who said something so tleman from North Carolina (Mr. BURR) grew and his reputation for honesty, profound, she said always be for some- for allowing me to be one of the co- for hard work grew with that. Jim thing, not against things. sponsors to bring this bill to the floor Broyhill was a workhorse when serving I think that that says a lot for him. to name a post office after Jim Broy- in the Congress, and while he may not He was for himself and for making sure hill. have been seen on the Sunday talk that his community was well rep- Jim and I have been friends for years. shows, everyone in Washington knew resented and well served, and is still He was in Congress, from 1962 to 1986, the value of what he was doing. doing it. So I think it is quite appro- and during those times he was some- In 1985, Jim announced he would run priate that we take this action today, times unopposed. I can remember one for the United States Senate; but be- and again I want to thank the gen- time, because he was so strong in the fore he could, Senator East died and he tleman. Republican Party, when things got bad, was appointed to that position. Mrs. MORELLA. Madam Speaker, I we needed somebody to run against b 1500 am pleased to yield 4 minutes to the Jim Broyhill so that he would cam- For the remainder of the year after gentleman from North Carolina (Mr. paign. I do not say I did this, but I was losing that Senate race, Jim could COBLE). accused of it, in fact he was unopposed have gone into retirement, but he did Mr. COBLE. Madam Speaker, I thank until about 3 weeks before the election, not do it. He continued to serve and the gentlewoman from Maryland and and some strange, kind of a, I want to was appointed in 1987 as the chairman the gentleman from Maryland for hav- say some sort of a nut from Western of North Carolina Economic Develop- ing brought this bill to the floor. North Carolina, filed against him. Jim ment Board, the chief advisory board Madam Speaker, about 25 years ago I Broyhill called me up on the telephone for the North Carolina Department of had the pleasure of visiting my uncle and said, ‘‘Cass, you paid that guy to Commerce. From this post, he assisted on his Watauga County farm in the run against me.’’ the State’s efforts to recruit new busi- shadow of the Tennessee border. It was I would like to tell Jim right here ness and expand existing industries in late April, and there was a nip in the and now I did not do that, but I North Carolina. air, because summertime comes late in thought it was a wonderful idea for Then in 1989, at the request of Gov- the Blue Ridge. whoever did do it. ernor Martin, Jim took on the full- He and I were walking across the cow Another thing about Jim Broyhill, it time responsibility of serving as the pasture, and I said to him, ‘‘Have you was his unbelievable memory of people. Secretary of the Department of Com- seen Jim Broyhill lately?’’ He instinc- I have campaigned with him many merce, a position he held until 1991. It tively opened the pocket of his overalls times, and he would walk up to what I should be noted that in the years in and removed a rumpled, worn letter would consider a complete stranger and which he was affiliated with the De- and proudly extended it to me. It was a say, ‘‘Madam, how is your husband partment of Commerce, they saw some letter from Jim Broyhill addressed the after his operation?’’ First of all, he of the greatest gains in economic ex- previous Christmas, 4 months earlier, knew her name, and, second of all, pansion in North Carolina’s history. to him and his wife, to my uncle and there was an operation, and, third, two In 1991, Jim finally did enter retire- his wife, wishing them a happy Christ- years before is when this all happened. ment; and it is fortunate for Winston- mas. I bet he had shown that letter to Yet he remembered all these things. Salem that he chose to be there, with 125 people, and he proudly put it back He was the most exceptional politi- his wife, Louise Robbins Broyhill, who into his overall pocket when I returned cian I ever saw in the fact that he was is one of the most gracious ladies and it to him. close to the people and they knew it, has always been supportive of Jim’s That testimony, that rumpled letter, and he did a wonderful job. ventures. They are the parents of three testified to me how Jim Broyhill’s con- Madam Speaker, everybody said how children and several grandchildren. stituents felt about him. He was re- he was a ranking member on the Com- I commend Jim today, because Jim vered by all who knew him, because, mittee on Energy and Commerce, and Broyhill is a true example of what a Madam Speaker, he, unlike some elect- the present ranking member, a Demo- public servant should be, a man more ed officials, was not a stealth rep- crat, we will not mention names, has concerned with doing his duty and resentative. He did not all of a sudden said to me many times that he was serving his country than with personal become accessible 5 weeks before the probably the most reasonable Repub- gain. He has built a reputation of dedi- next election. He was consistently ac- lican he ever saw to work with. That cation and devotion to his State, his cessible, consistently providing out- was Jim’s way of doing things. He was country, and, even in retirement, Jim standing constituency service. He is a just a person more dedicated to getting Broyhill finds time to work with the good man, and was an exceptional something done than playing politics. local food bank and the other organiza- Member of Congress. As one might gather, I have a special tions where he gives his time and his Madam Speaker, I say to the gentle- reason to honor Jim Broyhill, for it expertise. woman from Maryland and the gen- was Jim’s appointment to the Senate

VerDate 11-MAY-2000 03:31 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.022 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7227 which first allowed me to run for Con- moment in time, to salute him by nam- of the North Carolina Economic Development gress representing the people of the ing this post office after him. Board. In 1989 Governor Martin gave Broyhill 10th District of North Carolina. Many Madam Speaker, I yield back the bal- the responsibility of promoting and expanding of you may know Jim Broyhill for his ance of my time. North Carolina business and industry by ap- distinguished record of public service. Mrs. MORELLA. Madam Speaker, I pointing him the Secretary of the Department He is a great friend of mine and has urge passage of H.R. 4534. of Commerce. Jim Broyhill retired from public helped me in every election since 1986. Madam Speaker, I yield back the bal- service in 1991 to spend more time with his Let me just say, Western North Caro- ance of my time. wife, Louise Robbins, his children, and his lina has been greatly rewarded by both Mr. DINGELL. Madam Speaker, I rise today grandchildren. Jim and his family. in support of the gentleman from North Caro- Madam Speaker, it gives me great pleasure Mrs. MORELLA. Madam Speaker, I lina's resolution honoring James T. Broyhill, a to pay tribute to a great North Carolinian and am pleased to yield 3 minutes to the good friend and honorable man with whom I American by naming a Post Office in Lenoir gentleman from North Carolina, (Mr. had the privilege of serving in this body for al- after James T. Broyhill. I ask my colleagues to JONES). most twenty-three years. Moreover, I was support H.R. 4534, and I yield back the bal- Mr. JONES of North Carolina. pleased to have had the opportunity to work ance of my time. Madam Speaker, I thank the gentle- with Jim Broyhill in his capacity as Ranking The SPEAKER pro tempore (Mrs. woman for yielding me time, and also Member of the House Commerce Committee BIGGERT). The question is on the mo- the ranking member. while I was Chairman. tion offered by the gentlewoman from Madam Speaker, I bring a little dif- As a Member of the House and Senate, Jim Maryland (Mrs. MORELLA) that the ferent perspective, because my father, Broyhill was a dedicated and tireless public House suspend the rules and pass the who is deceased, served in the United servant. He capably and honorably rep- bill, H.R. 4534, as amended. States Congress from 1966 to 1992, and resented his constituents and they rewarded The question was taken; and (two- he had the pleasure of serving with Jim him time and time again with their continual thirds having voted in favor thereof) Broyhill. At the time, I was a member support for him as their representative. the rules were suspended and the bill, of the North Carolina House of Rep- Jim Broyhill was also a good friend and true as amended, was passed. resentatives, a Democrat at that time, gentleman. I can think of no more honorable The title was amended so as to read: and my father and I would talk on the man in this institution and his contributions as ‘‘A bill to redesignate the facility of weekends, and many times those con- Ranking Member of the Commerce Committee the United States Postal Service lo- versations would deal with his col- were of the highest quality. cated at 114 Ridge Street, N.W. in leagues in Washington, both the dele- Jim Broyhill was a workhorse, not a show Lenoir, North Carolina, as the ‘James gation, both Republicans and Demo- horse. He did not seek the spotlight, but T. Broyhill Post Office Building’ ’’. crats. worked vigorously to ensure that the com- A motion to reconsider was laid on The reason I wanted to come to the mittee passed effective legislation for the good the table. floor was because my father told me, of this country. f he said there was not a finer Member of Jim Broyhill was well respected by both con- Congress than Jim Broyhill, because he stituents and colleagues for his integrity, kind- REVEREND J.C. WADE POST was a man of quality and a man of in- ness and ability to get things done. Renaming OFFICE tegrity. the Lenoir Post Office in honor Jim Broyhill is Mrs. MORELLA. Madam Speaker, I So I think the fact that my friend, a proper tribute to a good man and public move to suspend the rules and pass the the gentleman from North Carolina servant who did much for his state and coun- bill (H.R. 4615) to redesignate the facil- (Mr. BURR), has offered H.R. 4534 and try. ity of the United States Postal Service the committee has brought it to the Mr. ETHERIDGE. Madam Speaker, I rise located at 3030 Meredith Avenue in floor is a special day, not only for Jim today to urge my colleagues to support H.R. Omaha, Nebraska, as the ‘‘Reverend Broyhill and his family, but also the 4534, a bill to designate a facility of the United J.C. Wade Post Office.’’ citizens of North Carolina, because I States Postal Service as the James T. Broyhill The Clerk read as follows: think too many times, as the gen- Post Office Building. This legislation, which H.R. 4615 tleman from North Carolina (Mr. BURR) was cosponsored by every Member of the Be it enacted by the Senate and House of Rep- said in his comments, too many times North Carolina Delegation, is a fitting tribute to resentatives of the United States of America in the people do not realize there are one of our state's model public servants. Congress assembled, more workhorses in the U.S. Congress Jim Broyhill was born on August 19, 1927, SECTION 1. REVEREND J.C. WADE POST OFFICE. than show horses, and that is probably in Lenoir, North Carolina to the late J.E. and (a) DESIGNATION.—The facility of the the way it needs to be, because we are Sadie Hunt Broyhill and is a graduate of Uni- United States Postal Service located at 3030 doing, as the gentleman from North versity of North Carolina at Chapel Hill. His Meredith Avenue in Omaha, Nebraska, and known as the Ames Station, shall be known Carolina (Mr. COBLE) said, the people’s parents taught him the value of service and and designated as the ‘‘Reverend J.C. Wade business. devotion to his community that has guided him Post Office’’. I just wanted to come to the floor to throughout his career in public service. That (b) REFERENCES.—Any reference in a law, say to Jim Broyhill, Senator Broyhill, career began in 1962, in the old 8th Congres- map, regulation, document, paper, or other and his wife and his children and their sional District of North Carolina, when Broyhill record of the United States to the facility re- grandchildren, that this is not only a won his first of eleven elections to the House ferred to in subsection (a) shall be deemed to great day for you, but it is a great day of Representatives. be a reference to the ‘‘Reverend J.C. Wade for North Carolina, because you have Upon his election, Broyhill immediately Post Office’’. been and still are one of the finest citi- began to build a reputation for honesty and in- The SPEAKER pro tempore. Pursu- zens, you and your family, and Amer- tegrity that allowed him to wield influence with ant to the rule, the gentlewoman from ica is a better place because you served both Democrats and Republicans. During his Maryland (Mrs. MORELLA) and the gen- in the United States House and the 11 terms in the House, Broyhill made a name tleman from Maryland (Mr. CUMMINGS) United States Senate. for himself as a member, and later as Ranking each will control 20 minutes. Mr. CUMMINGS. Madam Speaker, I Member, of the Energy and Commerce Com- The Chair recognizes the gentle- yield myself such time as I may con- mittee. Following the untimely death of Sen- woman from Maryland (Mrs. MORELLA). sume. ator John East, then Governor Jim Martin ap- GENERAL LEAVE Madam Speaker, it certainly is appointed Broyhill to complete the remaining two Mrs. MORELLA. Madam Speaker, I propriate that we honor Senator Broy- years of Senator East's term. In 1986, Broy- ask unanimous consent that all Mem- hill. The comments that have been hill's 24-year Congressional career ended bers may have 5 legislative days within made today I am certain will go a long when he lost his bid to win his Senate seat which to revise and extend their re- ways towards letting us know why Sen- outright. marks on H.R. 4615. ator Broyhill meant so much to the Despite his personally disappointing loss, The SPEAKER pro tempore. Is there great State of North Carolina, to this Broyhill continued to work on the behalf of the objection to the request of the gentle- country and to the world. So we take people of North Carolina. Broyhill's public ca- woman from Maryland? this moment, Madam Speaker, this reer continued as he served as the Chairman There was no objection.

VerDate 11-MAY-2000 03:31 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.024 pfrm02 PsN: H06PT1 H7228 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Mrs. MORELLA. Madam Speaker, I ica, and the NAACP. Ralph Waldo REV. DR. JAMES COMMODORE WADE, SR. yield myself such time as I may con- Emerson once said that you cannot Sunrise—September 1, 1909 sume. judge a man by his station in life, but Sunset—August 30, 1999 Madam Speaker, the gentleman from what he has done to get there. Homegoing Celebration for Rev. Dr. James Nebraska (Mr. TERRY) introduced H.R. I listened to the words of my distin- Commodore Wade, Sr. 4615 on June 8, 2000. This legislation guished colleague, the gentlewoman ‘‘And I will give you pastors according to has been supported by the entire House from Maryland, as she noted the fact mine heart, which shall feed you with knowl- delegation of the State of Nebraska edge and understanding.’’—Jeremiah 3:15 that his parents died at an early age ‘‘And how shall they preach, except they pursuant to the policy of the Com- but yet he was able to overcome, and mittee on Government Reform. be sent? As it is written, How beautiful are as a matter of fact, become a minister the feet of them that preach the gospel of H.R. 4615 designates the facility of at a very early age. Again, on a per- peace, and bring glad tidings of good the United States Postal Service lo- sonal note, as the son of two ministers, things!’’—Romans 10:15 cated at 3030 Meredith Avenue in I can appreciate what we are doing Friday, September 3, 1999 10:00 A.M.; Salem Omaha, Nebraska, as the Reverend J.C. here today. Baptist Church, 3336 Lake Street, Omaha, Wade Post Office. Nebraska; Rev. Maurice Watson, Offici- Reverend James Commodore Wade Just to know that this gentleman ating who hales from Oklahoma was able to was a noted pastor and a civic leader. OBITUARY and became a significant part of the He was born in Oklahoma in 1909. His (The obituary was prewritten by Rev. Dr. mother died when he was 5 years old, National Baptist Convention says a James Commodore Wade, Sr.) his father died when he was 8, and his whole lot. It is a very distinguished The life of James Commodore Wade, Sr. is grandfather died when he was 11. At convention, and it is a very important a theocratic reply to the somewhat age 17, he was completely out on his one in our Nation. desparaging question, ‘‘Who’s gonna take the own. He joined the ministry at age 21. With that, Madam Speaker, I urge boy?’’ James Commodore Wade, Sr. was birthed in a small hamlet called Wybark, He was known as being the youngest the swift adoption of this measure. Oklahoma, now Chase, Oklahoma, on Sep- pastor in the State of Oklahoma. Madam Speaker, I reserve the bal- tember 1, 1909 to the parentage of George W. J.C. Wade was invited to speak in ance of my time. Wade and Henrietta Ayers Wade. When the Omaha in 1944 and stayed on. He served boy, James, was 5, his mother died and that on the Mayor’s Advisory Committee in Mrs. MORELLA. Madam Speaker, I marked the beginning of that disparaging Omaha and organized the first Head yield such time as he may consume to question, ‘‘Who’s gonna take the boy?’’ At Start Program in Salem, Nebraska. He the gentleman from Nebraska (Mr. age 8, he experienced the death of his father was a member of the Baptist Pastors TERRY), and I thank him for intro- and again the question was raised, ‘‘Who’s ducing this piece of legislation. gonna take the boy?’’ Then at age 11, he wit- Conference and the Interdenomina- nessed the demise of his grandfather, Mr. tional Alliance. He served as the Presi- Mr. TERRY. Madam Speaker, I Samuel Ayers, who at the time was his dent of the New Era Baptist State Con- thank the gentlewoman for yielding guardian. Once more, we encounter the vention, Incorporated, for 9 years, and time to me, and I thank the gentleman query, ‘‘Who’s gonna take the boy?’’ Seem- also as the State vice president to the from Maryland. I thank both members ing to be an orphan child, living as he says, National Baptist Convention for 9 for managing this bill on the floor. I ‘‘from pillar to post,’’ it was at that point years. On the national level, he was a also thank the chairman of the com- that God intervened and replied to that dis- member of the National Baptist Con- mittee, the gentleman from New York heartening question by saying, ‘‘I will take the boy and make him the beneficiary of spe- vention U.S.A., Inc.; the Gospel Music (Mr. MCHUGH), and the ranking mem- cial providence.’’ And the rest of the life of Workshop of America; and the NAACP. ber, the gentleman from Pennsylvania James Commodore Wade, Sr. is but a con- Dr. Wade died in August 1999. (Mr. FATTAH), for their efforts in com- stant unfolding of God’s providential care for Madam Speaker, I want to thank the mittee to make sure that this bill a boy without a guardian or a home. Prior to gentleman from Nebraska (Mr. TERRY) passes and becomes reality. the death of his grandfather, at age 10, he ac- for introducing this legislation, and I cepted Christ at the Union Grove Baptist In our society I think it is important, Church, Wybark, Oklahoma, and was bap- want to urge our colleagues to support and especially for our children, to rec- H.R. 4615. tized in the Arkansas River by the late Rev. ognize those people that have had such W.L. Turner. b 1515 a positive impact and effect on their Because of the twin afflictions of poverty Mr. CUMMINGS. Madam Speaker, I community. It is truly an honor to be and segregation, James went to a little one- able to stand here and name a post of- room school, when he could, and finished the yield myself such time as I may con- eighth grade in his mid-teens. By the time sume. fice after one such gentleman in Omaha, Nebraska. James was 17, he was completely out on his Madam Speaker, H.R. 4615, which own. It was at this point that James left his names a post office after the Reverend This bill renames the Ames Street native home and moved to Tulsa, Oklahoma. J.C. Wade, was introduced by the gen- Station after Reverend J.C. Wade, who After moving to Tusla, he united with the tleman from Nebraska (Mr. TERRY) on for 44 years was the pastor and emer- St. Andrews Baptist Church under the lead- June 8, 2000. We thank him for doing itus pastor of the Salem Missionary ership of Rev. W.H. Woods. It was during that. Baptist Church in north Omaha, which these years that James picked up the pace of his flight from his life’s calling. He at- Reverend James Commodore Wade is the largest African-American church tempted to do what so many have sought to was a noted pastor and a civic leader. in Nebraska, and frankly, is one of the do, and that is to run away from the He was born in Oklahoma in 1909. He largest churches, period, in the State ‘‘preacher’’ calling. But God always has a served on the Mayor’s Advisory Com- of Nebraska, because of his commit- way of making his servants give in to the mittee in Omaha, and organized the ment and leadership. clarion call. For J.C. Wade, God brought first Head Start program in Salem, Ne- about a cataclysmic experience in the solar Reverend Wade, as we learned, was system. According to Rev. Wade’s own testi- braska. He was a member of the Bap- born in Oklahoma, Wybark, Oklahoma, tist Pastor’s Conference and the Inter- mony, ‘‘The sun, instantaneously switched September 1, 1909. Wybark, by the way, places.’’ Because of that stunning experi- denominational Alliance. is now called Chase, Oklahoma. Unfor- ence, J.C. Wade, Sr. confessed his call to the He served as a President of the New tunately for the Omaha, Nebraska ministry at age 21 and preached his first ser- Era Baptist State Convention for 9 community to which he moved in mon on April 1, 1931 at the St. Andrews Bap- years, and also as a State Vice Presi- around 1950, he passed away on August tist Church, Tulsa, Oklahoma, whose pastor dent to the National Baptist Conven- 30, 1999. was Rev. W.H. Woods. tion for 9 years. I want to personally The year 1933 began another phase in the note as a member of that convention Madam Speaker, I submit for the life of Rev. J.C. Wade, Sr., for in 1933, Rev. that I am very pleased to see that we RECORD the program of his memorial Wade was called to be the pastor of the Fountain Baptist Church in Haynes, Okla- are honoring him today. service that outlines in more detail his achievements for his community. homa for an overwhelming salary of 50¢ per On the national level, he was a mem- week, sometimes! Pastor Wade had the ber of the National Baptist Convention, A copy of the memorial service pro- sweet, torturous task of walking five miles the Gospel Music Workshop of Amer- gram is as follows: on Sunday to preach the gospel to a dense

VerDate 11-MAY-2000 05:12 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.027 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7229 crowd of 50 to 100 people, that is, if it didn’t was named Ruth Evelyn. On July 24, 1938, a and Decatur, Pastor Wade began to search rain or snow. After serving the Fountain boy was born and he was named James Com- out a location for a new Salem site. Baptist Church, the oldest church in the modore Wade, Jr. In the fall of 1939, tragedy In 1970, ground was broken for a new state of Oklahoma for approximately 2–21⁄2 almost struck the Wade household. Mrs. church structure at 34th and Lake Streets years, Pastor Wade, who bore the distinction Wade became dangerously ill and was carried and was completed in April, 1971. That loan of being the youngest pastor in the state of to the hospital in an unconscious condition. was paid off in 1978. Oklahoma, resigned the Foundation Baptist While Mrs. Wade was en route to the hos- Another milestone was reached when he Church and moved to the southern metropo- pital, Rev. Wade went into their pantry and was informed in 1982 that government funds lis of Memphis, Tennessee. Memphis, at that shut up with God and said, ‘‘God, you can’t had been granted for the construction of a time, was considered to be the haven of great take her now. I don’t want my children grow- senior citizens’ complex. preachers. There were two significant rea- ing up as I did, not knowing Mother.’’ God Yes, it was God who took the boy. For only sons for his moving to Memphis. One was heard and answered that prayer because by God could take an orphan child, without that his father in the ministry wanted him the time Rev. Wade arrived at the hospital, much education, call him to preach, change to go to school; and secondly, he wanted him Mrs. Wade was sitting up, dangling her feet his education insight, make him a rhetorical to be his assistant pastor at the Bethlehem on the side of the bed. After Mrs. Wade’s re- genius, and a linguistical genius. Make him Baptist Church. covery, they moved from Mama Frazier’s to a husband, a father, a pastor, a shepherd, a After moving to Memphis, Rev. Wade met rent from Mr. George Griffin on Dixon builder, and an evangelist. Because God had at Bethlehem a tender young lady named Street. After having moved on Dixon, the taken care of the boy, Rev. Wade was one of Mary Frazier, whom God had delivered from Wades continued to be fruitful, for on March the most influential pastors in Omaha. He the crippling affliction called polio. Rev. 15, 1941, another girl was born. She was stood in some of the great preaching places Wade was most impressed with Mary, but named Doretha. Then on September 18, 1944, in America, and he traveled extensively, Mary was most unimpressed with him. In another son was born, and he was named evangelizing and proclaiming the gospel. Be- fact, she was so unimpressed with him until Melvin Von. cause God had taken care of an orphan boy when he would seek to pay her a visit, she In the early summer of 1944, Rev. Wade was from Wybark, Dr. Wade held key denomina- would say, ‘‘Here comes that Old Esau.’’ But invited by Rev. Woods, his father in the min- tional positions, both locally and nationally. her being unimpressed did not deter nor dis- istry, to preach a two-week revival at the Yes, God, indeed had taken care of the boy, suade Rev. Wade. There was a prominent Salem Baptist Church in Omaha Nebraska. James Commodore Wade, Sr. Rev. Wade also member of the Frazier family who genuinely Excitedly, he told many ministers who would acknowledged, lest he seem ungrateful, the admired ‘‘Old Esau,’’ and that was Mary’s gather at the Polk Printing office on Mon- three years he spent as a member of the mother, who everybody affectionately called day mornings. With a jubilant spirit, he went Friendship Baptist Church, Kansas City, ‘‘Mama Frazier.’’ Since Mary refused to to Omaha to preach, for two weeks, only to Missouri, under the pastorate of the Rev. S. court Rev. Wade, Rev. Wade took a most ef- find out after reaching Omaha, that Rev. C. Doyle, who was a pastor and friend to him. fective alternate approach. He courted Mary Woods was not in the city. So, in an embar- Rev. Wade will be greatly missed by ALL through her mother, ‘‘Mama Frazier.’’ It was rassed state and at the request of the official who knew him but he leaves to cherish his an effective approach because on December board, Rev. Wade remained in Omaha. On the memories his wife of sixty-three years: Mary 18, 1935, Rev. Wynn united in holy matri- third Sunday in July, Rev. Wade was called Frazier-Wade, Omaha; three daughters and mony, Rev. J.C. Wade, Sr. and Mary to be the pastor of the Salem Baptist Church son-in-law: Ruth Murray, Doretha Wade- ‘‘Unimpressed’’ Frazier. which had a roll of 250 members with 88 Wilkerson, Los Angeles, California, Marsha Those early years were some tough days. present. Rev. Wade states that there were Ann (Rev. Clyde) Nichols, Denver, Colorado; Because of grave circumstances, Rev. and three significant reasons for accepting a two sons and daughters-in-law: Rev. James Mrs. Wade lived five years with her mother, church who kept their pastors for two years C., Jr. (Ella) Wade, East Chicago, Indiana, ‘‘Mama Frazier.’’ Rev. Wade worked at the at a time: 1) God ordained it so; 2) He did not Rev. Melvin V., Sr. (Jacquie) Wade, Los An- government fleet, better known then as want to rear his children in the segregated geles; nephew: Gene Bell, Evanston, Illinois; working on the levy. While working on the South; and 3) His mother-in-law’s sainted four nieces: Tina Williams, Chicago, Illinois, levy in the fall of 1936, Rev. Wade was called sister Emma Highsmith told him that the Marguerite Anderson, Cincinnati, Ohio, to be the shepherd of the Middle Baptist Lord told her that his field was not in Mem- Myrtis Twyman, Westchester, Illinois, Church. However, a strange thing occurred: phis, and pointing in a northern direction, Wilma Hardiman, Omaha; sisters-in-law and After serving as pastor for approximately she said it’s going to be that way. brothers-in-law: Susan and William Cooper, three months, Rev. Wade permitted a vis- The unique thing about Pastor Wade mov- Queon Temple, Agnes Brown, Sam (Grace) iting minister to preach for him during the ing to Omaha was that, gradually, all of Sis- Frazier, all of Omaha; nine grandchildren; Christmas season; he had to work on Sun- ter Wade’s family moved to Omaha. six great-grandchildren; and other relatives. days. The congregation, feeling that the vis- After moving to Omaha, the Wades contin- iting minister could outpreach Rev. Wade, ued to be fruitful. In 1949, Sister Wade con- Madam Speaker, renaming this post- dismissed him and called the visiting min- ceived a son, and to their dismay, that son al facility in his honor is an attempt to ister. passed away at birth. However, desiring to pay tribute to this outstanding citizen In the year 1937, Pastor Wade became pas- have one more child, on March 10, 1951, a lit- and dedicated man of God. The work tor of the Shiloh Baptist Church on Court tle girl was born, and she was named Marsha initiated by Reverend Wade continues Street in Memphis, Tennessee. The member- Ann. In 1949, Pastor Wade began to make exten- to this day in our community, and his ship totaled less than 100 people. This time, impact on our community should be re- there was a substantial pay increase from sive changes on Salem’s structure. Then in ‘‘sometimes’’ 50¢ per week. The financial ar- 1955, with the membership having exceeded membered, as it will forever have rangement at Shiloh was 40/60. the present seating capacity. Rev. Wade changed our community. Whatever was raised on Sunday, 40% was sought to enlarge the sanctuary to accom- Among the notable community serv- to be retained by the church and 60% was to modate the overflow crowd. That vision met ice achievements, Reverend Wade cre- be given to the pastor-elect. What an ar- with much opposition. But in spite of opposi- ated the Salem Preschool for Children. rangement! However, the offering was a mod- tion, the structure was completed in 1956. In the early fifties, he realized that our est $6.00 per Sunday. Two years after that completion, the loan Then in 1940, Pastor Wade accepted an- which they almost didn’t get, was paid off. youngest children have to go to school other church in Memphis called the River- 1957 and 1958 were exciting years, not only ready to learn, so he started the pre- side Baptist Church in the south Memphis because a loan was paid off, but because in school to make sure that when they en- area which had a membership of 200 people. December, 1957, Pastor Wade watched his tered school they were ready; the pre- Pastor Wade did something that was a daughter Doretha conduct her first musical. cursor to what we call the Head Start church custom in the South at that time. It was a Christmas cantata. And then in the program today. He started it before That custom was to pastor, simultaneously, spring of 1958, his elder son James confessed anyone in government had ever more than one church. Pastor Wade accepted his call to the ministry and preached his thought of that concept. the Riverside Baptist Church at a great sal- first sermon. Then in 1961, with much ec- ary increase: He began his ministry there at stasy, he watched his son James receive a He organized, too, the first adult $25.00 per week. B.A. degree from Bishop College. Another ex- basic education in Omaha, Nebraska, To show you that Pastor Wade was con- citing year for Pastor and Mrs. Wade was at the church. He participated, and we cerned about providing for the needs of his 1962. For 27 years, Rev. and Mrs. Wade lived have heard deeply in our community family, while pastoring two churches, he in the following places: with Mama Frazier, through the Mayors’ Advisory Council, took on a job at Mr. Green’s store on Horn in a rental house, and in a church parsonage. the Interdenominational Council, Lake Road and Ingle as a butcher. But in 1962, a dream came true. They pur- which by the way unifies our commu- In Genesis 1:28, we read, ‘‘And God said chased their first home at 3612 North 42nd nity from all faiths and geographic unto them, be fruitful and multiply and re- Street. Then in 1963, his second son, Melvin, plenish the earth.’’ The year 1937 marks the preached his first sermon. areas. beginning of the Wade’s being fruitful. On After being told that the freeway was As a leader in the religious commu- March 20, 1937, a little girl was born, and she going to include the Salem structure at 28th nity, Reverend Wade served as the

VerDate 11-MAY-2000 04:51 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.021 pfrm02 PsN: H06PT1 H7230 CONGRESSIONAL RECORD — HOUSE September 6, 2000 President of the New Era Baptist State Madam Speaker, I have no further re- of the House delegation from Georgia Convention, the State Vice President quests for time, and I yield back the have cosponsored this bill. to the National Baptist Convention, balance of my time. H.R. 3454 designates the post office and director of religious education for Mrs. MORELLA. Madam Speaker, I located at 451 College Street in Macon, the Sunday School and Baptist Train- yield myself such time as I may con- Georgia, as the Henry McNeal Turner ing Union of the New Era State Con- sume. Post Office. vention. Madam Speaker, I am very moved to There is much to be said about the As a member of the National Baptist hear about the contributions of Rev- man honored by this legislation, but I Convention U.S.A., Reverend Wade erend J.C. Wade. I want to thank the will speak briefly. Henry McNeal Turn- brought the Baptist National Conven- gentleman from Nebraska (Mr. TERRY) er was a well-known missionary, pas- tion to Omaha three times. During his for so acknowledging and for intro- tor, evangelist, church administrator, tenure at Salem Baptist, Reverend ducing this legislation to name a post Army chaplain, author of religious Wade grew the congregation from 250 office building in his name. publications, and postmaster. Turner faced many obstructions in members to nearly 4,000 members. Madam Speaker, I urge support for his youth. However, he taught himself I was reminded the other day of a fas- the bill, and I yield back the balance of to read, and at the age of 19 became a cinating story about this man who my time. preacher in the African Methodist took the Salem Baptist Choir to The SPEAKER pro tempore (Mrs. Episcopal Church. In 1863, he organized Crookston, Minnesota, for a concert in BIGGERT). The question is on the mo- the first regiment of African-American the late 1960s. This church in tion offered by the gentlewoman from troops, and he became the first Afri- Crookston was based in an all-white Maryland (Mrs. MORELLA) that the can-American Army chaplain, and then community. Some of the Crookston House suspend the rules and pass the became a chaplain of the regular members had never associated with Af- bill, H.R. 4615. troops. rican-Americans before, but this choir The question was taken; and (two- Mr. Turner was appointed as a dele- performed their concert even while thirds having voted in favor thereof) gate to the Constitutional Convention their hearts were grieving because of the rules were suspended and the bill in 1867. He was elected to the Georgia riots that were occurring in Omaha, was passed. State Legislature in 1868 and in 1870. Nebraska. A motion to reconsider was laid on He was appointed postmaster of Macon The Choir fellowshipped with church the table. in 1869. After a year as postmaster, Mr. members at a picnic following the con- f Turner returned to the State Legisla- cert, and later stayed in Crookston ture and founded the Georgia Equal members’ homes. The event broke HENRY McNEAL TURNER POST Rights League. He actively championed down racial barriers and helped develop OFFICE equal rights, and led mission trips to friendships between the two congrega- Mrs. MORELLA. Madam Speaker, I Sierra Leone, Liberia, and South Afri- tions that last to today. This outreach move to suspend the rules and pass the ca. was a great success, particularly at a bill (H.R. 3454) to designate the United Madam Speaker, I urge our col- time when riots were going on not only States post office located at 451 College leagues to support H.R. 3454, honoring in our hometown but throughout the Street in Macon, Georgia, as the an individual who sought equality for country. It greatly affected the mem- ‘‘Henry McNeal Turner Post Office.’’ all Americans and for people around bers of both churches. The Clerk read as follows: the world. I want to thank the gentleman from All these earthly achievements tes- H.R. 3454 tify to the character of Reverend J.C. Georgia (Mr. CHAMBLISS) for bringing Be it enacted by the Senate and House of Rep- Wade, who we seek to honor today by our focus to this great individual, resentatives of the United States of America in Henry McNeal Turner. passing H.R. 4615 designating the Rev- Congress assembled, erend J.C. Wade Post Office. Madam Speaker, I reserve the bal- SECTION 1. DESIGNATION OF POST OFFICE. ance of my time. Finally, I would like to honor Rev- (a) DESIGNATION.—The United States post erend Wade’s wife of 63 years, an amaz- Mr. CUMMINGS. Madam Speaker, I office located at 451 College Street in Macon, yield myself such time as I may con- ing woman, Mary Frazier Wade, and Georgia, shall be known and designated as thank her for her assistance and her the ‘‘Henry McNeal Turner Post Office’’. sume. Madam Speaker, I join the gentle- support in this legislation. (b) REFERENCES.—Any reference in a law, woman from Maryland (Mrs. MORELLA) Madam Speaker, I urge my col- map, regulation, document, paper, or other in thanking the gentleman from Geor- leagues to support this legislation. record of the United States to the facility re- gia (Mr. CHAMBLISS) for sponsoring Mr. CUMMINGS. Madam Speaker, I ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Henry McNeal Turner H.R. 3454. yield myself such time as I may con- Post Office’’. Henry McNeal Turner was a well- sume. The SPEAKER pro tempore. Pursu- known missionary pastor, evangelist, Madam Speaker, I was very pleased church administrator, Army chaplain, to hear the gentleman from Nebraska ant to the rule, the gentlewoman from Maryland (Mrs. MORELLA) and the gen- author of religious publications, and (Mr. TERRY) reiterate the concern that postmaster. He taught himself to read, Reverend J.C. Wade had for the edu- tleman from Maryland (Mr. CUMMINGS) each will control 20 minutes. and at the age of 19 he became a cation of young people. If we were to preacher in the African-American honor him, I am sure he would want to The Chair recognizes the gentlewoman from Maryland (Mrs. MORELLA). Methodist Episcopal Church. be honored for his pastoral duties and In 1863, he organized the first regi- his efforts, but I am sure he would also GENERAL LEAVE ment of African-American troops. He want to be honored for looking towards Mrs. MORELLA. Madam Speaker, I became the first African-American the future so that he could make sure ask unanimous consent that all Mem- Army chaplain, and then became a that young children could rise up to be bers may have 5 legislative days within chaplain of the regular troops. He was the very best they could be. which to revise and extend their reelected to the Georgia State legisla- When we are talking about estab- marks on this legislation. ture in 1868. lishing the first Head Start center in The SPEAKER pro tempore. Is there I guess it is easy for us to say that Omaha, I think that says a lot, because objection to the request of the gentle- today, but when we think about the he clearly had a vision of the future. As woman from Maryland? times back in 1868, for an African- I often say, he cared about somebody There was no objection. American man to be elected to the other than himself. He wanted to make Mrs. MORELLA. Madam Speaker, I State legislature is phenomenal. sure that those children were able to yield myself such time as I may con- In 1869 he was appointed Postmaster rise up. sume. of Macon, Georgia. He actively cham- I am sure that as they pass the post Madam Speaker, the legislation be- pioned equal rights, and led missions to office, a lot of those children who bene- fore us, H.R. 3454, was introduced by Sierra Leone, Liberia, and South Afri- fited from his efforts, they can only our colleague, the gentleman from ca. So we pause here to honor him by stop to salute and say, thank you. Georgia (Mr. CHAMBLISS). All Members naming this post office after him.

VerDate 11-MAY-2000 03:31 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.029 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7231 I must say that it is so important Georgia and championed equal rights Methodist Episcopal Church, just that we do this, for he is a hero to so by founding the Georgia Equal Rights named one of our neighbors, one of my many people, and particularly to Afri- League. neighbors in Baltimore, Bishop Vashti can-American people. Just the thought In 1869, after all the black legislators McKenzie. I cannot help but think that that this post office will be named were expelled from the legislature be- it was people like Henry McNeal Turn- after him, and children again will have cause of their race, Turner was ap- er who laid the foundation for such a to say, well, who was he, Henry McNeal pointed postmaster in Macon, Georgia. wonderful opportunity for women and Turner, I think somebody can turn But he was then returned to the Geor- in particular for Bishop Vashti around and say that he was a great gia legislature in the following year. McKenzie. man and accomplished a lot of great Bishop Henry McNeal Turner is re- So today we salute him, and I urge things in a very difficult time. membered as a man of many accom- all of our Members to vote in favor of plishments. His influence spread far b 1530 this very, very important piece of leg- and wide, and his power was felt from islation. Madam Speaker, I urge my col- rural towns in Georgia to churches in Madam Speaker, I yield back the bal- leagues to vote for this measure. Africa. In the United States Army, in ance of my time. Madam Speaker, I reserve the bal- the postal service, in the African Meth- Mrs. MORELLA. Madam Speaker, I ance of my time. odist Episcopal Church, and in govern- yield myself such time as I may con- Mrs. MORELLA. Madam Speaker, I ment Bishop Turner fought fiercely to sume. am honored to yield such time as he improve the lives of the minorities and Madam Speaker, I cannot help but be may consume to the gentleman from to defend their rights. Turner College moved by what I hear about Bishop Georgia (Mr. CHAMBLISS), the prime and Turner Theological Seminary in Turner, and I am very pleased that we sponsor of this legislation. Atlanta are named for him, as are have before us this naming post office Mr. CHAMBLISS. Madam Speaker, I many churches across Georgia, Ken- bill for Bishop Turner, a man who was thank the gentlewoman from Maryland tucky, South Carolina, and Louisiana. early on demonstrative of great cour- (Mrs. MORELLA) and the gentleman Bishop Turner stood for freedom, jus- age, conviction, equality for African from Maryland (Mr. CUMMINGS) for tice, and equality and left an endearing Americans, as well as for women, and their kind comments regarding Henry mark on our society. In reference to for helping those who need it most. McNeal Turner and for bringing this Bishop Turner, the Reverend Augusta So I urge this House to unanimously bill to the floor today. Hall, Jr., senior pastor of the Saint pass H.R. 3454, and I thank the gen- Madam Speaker, last year I intro- Paul AME Church in Covington, Geor- tleman from Georgia (Mr. CHAMBLISS) duced H.R. 3454 to designate the United gia, stated as follows: for introducing it. States Post Office located at 451 Col- ‘‘Georgia stands as your living testa- Madam Speaker, I yield back the bal- lege Street in Macon, Georgia, as the ment. Churches you have built ance of my time. Henry McNeal Turner Post Office. throughout her realm, ordaining those The SPEAKER pro tempore (Mrs. Today we have the opportunity to who would serve the Church of Allen, BIGGERT). The question is on the mo- honor a great man by passing this bill. true servants of God you placed at her tion offered by the gentlewoman from Bishop Henry McNeal Turner was one helm. Maryland (Mrs. MORELLA) that the of Georgia’s most dynamic African ‘‘Bishop Turner, even when your days House suspend the rules and pass the American men in the 1800s. He was a drew nigh, look upwards you taught us, bill, H.R. 3454. missionary, an evangelist, a theologian for inspiration comes from on high. The question was taken; and (two- and church administrator, an Army Bishop Turner, may you dwell forever thirds having voted in favor thereof) chaplain, a postmaster, an author, a in God’s heavenly sky. God bless the the rules were suspended and the bill politician, and a staunch supporter of name of Henry Turner, may your leg- was passed. equal rights in America. acy never die.’’ A motion to reconsider was laid on Bishop Turner was born in South Bishop Turner’s commitment to edu- the table. Carolina in 1834. He taught himself to cation, service, missionary work, the f read and, at the age of 19, became a improvement of people, and racial EVERETT ALVAREZ, JR. POST pastor in the African Methodist Epis- equality deserve our recognition. Nam- OFFICE BUILDING copal Church. As he helped to build the ing the post office in Macon, Georgia, Mrs. MORELLA. Madam Speaker, I membership of the church, Turner was of which he was postmaster at one move to suspend the rules and pass the appointed a deacon, then elder, and time, is certainly a fitting tribute to bill (H.R. 4484) to designate the facility eventually bishop of the AME Church. this great man. of the United States Postal Service lo- By 1880, Bishop Turner was respon- All 11 members of the Georgia con- cated at 500 North Washington Street sible for churches from Nova Scotia to gressional delegation are cosponsors in Rockville, Maryland, as the ‘‘Ever- Louisiana. Additionally, Turner trav- and supporters of this bill to honor eled extensively in Africa as a mis- ett Alvarez, Jr. Post Office Building.’’ Bishop Henry Turner. I would encour- The Clerk read as follows: sionary and established churches in Li- age my colleagues to join me in passing H.R. 4484 beria, Sierra Leone, and South Africa. this bill to recognize Bishop Turner’s In the United States, Turner strove contributions to Georgia and America. Be it enacted by the Senate and House of Rep- for equality amongst blacks and resentatives of the United States of America in I give special thanks to Elder Ben Congress assembled, whites. In 1863, he helped organize the Ridley and current Macon Mayor Jack SECTION 1. EVERETT ALVAREZ, JR. POST OFFICE first United States regiment of African Ellis for their assistance and coopera- BUILDING. American troops and became the first tion in researching Bishop Turner and (a) DESIGNATION.—The facility of the African American Army chaplain ap- for helping to bring this post office United States Postal Service located at 500 pointed by President Abraham Lincoln. naming to a reality. North Washington Street in Rockville, During Reconstruction, he worked to Mr. CUMMINGS. Madam Speaker, I Maryland, shall be known and designated as make life in 19th century Georgia a yield myself such time as I may con- the ‘‘Everett Alvarez, Jr. Post Office Build- better place for blacks. Turner helped ing’’. sume. (b) REFERENCES.—Any reference in a law, organize the Republican Party in Geor- Madam Speaker, in listening to the map, regulation, document, paper, or other gia in 1867 and was first elected to the gentleman from Georgia (Mr. record of the United States to the facility re- Georgia State Senate in 1868 as a Re- CHAMBLISS), I could not help but think ferred to in subsection (a) shall be deemed to publican. about the fact that, when he talked be a reference to the ‘‘Everett Alvarez, Jr. During his political career, Turner about how Henry McNeal Turner Post Office Building’’. introduced bills for higher education worked hard many, many years ago for The SPEAKER pro tempore. Pursu- for blacks, to protect black people equal rights, for African Americans, ant to the rule, the gentlewoman from from the Ku Klux Klan, and to give and women, it is so interesting, Madam Maryland (Mrs. MORELLA) and the gen- women the right to vote. Turner was Speaker, that the denomination in tleman from Maryland (Mr. CUMMINGS) an ardent supporter of public schools in which he was a bishop, the African each will control 20 minutes.

VerDate 11-MAY-2000 04:51 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.031 pfrm02 PsN: H06PT1 H7232 CONGRESSIONAL RECORD — HOUSE September 6, 2000 The Chair recognizes the gentle- For his courageous service, Everett oner of war in August of 1964 and held woman from Maryland (Mrs. MORELLA). Alvarez holds numerous military deco- captive in North Vietnam for 81⁄2 years GENERAL LEAVE rations. He has been honored with the until the general release of prisoners in Mrs. MORELLA. Madam Speaker, I Silver Star, two Legions of Merit, with February of 1973. ask unanimous consent that all Mem- combat ‘‘V,’’ two Bronze Stars, with He served in program management at bers may have 5 legislative days within combat ‘‘V,’’ the Distinguished Flying the Naval Air Systems Command in which to revise and extend their re- Cross, and two Purple Heart medals. Washington, D.C. until his retirement marks on H.R. 4484. In addition, a city park and two in 1980. In 1981, he accepted an appoint- The SPEAKER pro tempore. Is there housing projects in California and ment as deputy director of the Peace objection to the request of the gentle- Texas have been named in honor of Mr. Corps. President Reagan nominated woman from Maryland? Alvarez. In 1987, his hometown of Sali- him, and he was confirmed by the Sen- There was no objection. nas, California, named a new high ate, to be deputy administrator of the Mrs. MORELLA. Madam Speaker, I school in his honor. In March of 1998, Veterans Administration in 1982. yield myself such time as I may con- he was awarded with the Daughters of Mr. Alvarez is a recipient of numer- sume. the American Revolution’s Medal of ous military declarations and civilian Madam Speaker, I rise in support of Honor. awards and serves on several boards of H.R. 4484, which designates the facility Today, we have the opportunity to directors. The fact is that he is a mili- of the United States Postal Service lo- honor him in Rockville, Maryland, tary man and he has given so much to cated at 500 North Washington Street where Mr. Alvarez, his wife Thomasine, his country, and someone once said in Rockville, Maryland as the Everett and his two sons, Mark and Bryan, cur- freedom is not free. The fact is that Alvarez, Jr. Post Office Building. It is rently reside. Unfortunately the Alva- Mr. Alvarez took time out of his life to with great pride that we in the Mary- rez family was not able to be in the sacrifice so that we could all be free land Congressional Delegation honor a gallery this afternoon because Mr. Al- and enjoy the wonderful life that we man for whom our entire Nation is varez continues to serve America and enjoy in this country and around the eternally grateful. America’s future with his position on world. During his life, Mr. Alvarez has faith- the Board of Regents of the Uniformed Madam Speaker, I urge the adoption fully served as a distinguished military Services University of Health Sciences of H.R. 4484. I thank the gentlewoman officer and public servant. In 1960, after and is currently at their annual board from Maryland (Mrs. MORELLA) for rec- earning a Bachelor of Science in Elec- meeting in Colorado. ognizing this great Marylander. trical Engineering from the University Commander Alvarez’s life stands as a Madam Speaker, I yield back the bal- of Santa Clara and becoming the first testament to patriotism, to courage, ance of my time. in his family to go to college, Mr. Alva- and to perseverance. He, like any of rez joined the United States Navy. b 1545 our Nation’s veterans, deserves our After serving in the Navy for 20 Mrs. MORELLA. Madam Speaker, I highest praise for risking his life de- years, he retired from his position with yield myself such time as I may con- fending this great Nation. program management at the Naval Air sume. Systems Command in Washington, D.C. In the historical publication, We Madam Speaker, I want to acknowl- and accepted an appointment as deputy Came Home, Commander Alvarez re- edge and demonstrate my appreciation director of the Peace Corps. flects on his prisoner-of-war experience to the chairman of the Committee on In 1982, President Reagan nominated with this statement: Government Reform, the gentleman ‘‘For years and years, during our long him, and the Senate confirmed his ap- from Indiana (Mr. BURTON), and the incarceration, we dreamed of the day pointment, as the deputy adminis- ranking member; as well as the chair- when we would come home to our fami- trator of the Veterans Administration. man of the subcommittee before whom lies and friends. We never gave up hope After leaving the position of deputy ad- this bill came, the gentleman from New that this day might come soon, because ministrator of the VA, Mr. Alvarez York (Mr. MCHUGH) and his ranking we had faith—faith in God, in our coun- joined the Hospital Corporation of member, the gentleman from Pennsyl- try, and in ourselves. It was this faith America before forming his own con- vania (Mr. FATTAH). sulting company, Conwal, Incor- that maintained that someday our I want to also thank the gentleman dreams would come true. No one can be porated. from Maryland (Mr. CUMMINGS) for his A dedicated civil servant, Mr. Alva- prouder than I am for having had the sponsorship of this bill. It is inter- rez is best known to the public as the association of some of the bravest men esting that we have the two Maryland- first American aviator shot down over this country has ever seen—my fellow ers managing the time for a bill to North Vietnam. In 1964, then LTJG prisoners who were held in North Viet- name a post office for a national hero Everett Alvarez, an A–4 Skyhawk pilot, namese jails.’’ that will be in Maryland. So I urge sup- was assigned to Attack Squadron 144 Madam Speaker, it is a privilege for port of this bill. on board the U.S.S. Constellation. On me to sponsor this legislation endorsed Madam Speaker, I have no further re- August 5, he was shot down and cap- by all of the Maryland delegation to quests for time, and I yield back the tured on the first raid in North Viet- honor one of America’s great heroes, balance of my time. nam. Everett Alvarez, Jr. The SPEAKER pro tempore (Mrs. Commander Alvarez was reported as Madam Speaker, I reserve the bal- BIGGERT). The question is on the mo- captured at about 4 p.m. Hanoi time at ance of my time. tion offered by the gentlewoman from Hon Gai Bay in the Gulf of Tonkin. He Mr. CUMMINGS. Madam Speaker, I Maryland (Mrs. MORELLA) that the was kept in the local jail cell in Hon yield myself such time as I may con- House suspend the rules and pass the Gai with two Vietnamese prisoners for sume. bill, H.R. 4484. 2 days, then moved to a nearby farm Madam Speaker, H.R. 4484, which The question was taken. until August 12. On the 12th, he was names a post office after Everett Alva- Mrs. MORELLA. Madame Speaker, taken in Hanoi and placed into room 24 rez, was introduced by the gentle- on that I demand the yeas and nays. in the infamous Hanoi Hilton where he woman from Maryland (Mrs. MORELLA), The yeas and nays were ordered. lived until March of 1965, at which time my good friend and colleague, on May The SPEAKER pro tempore. Pursu- other American prisoners started to ar- 17, 2000. ant to clause 8 of rule XX and the rive. Everett Alvarez was born in Salinas, Chair’s prior announcement, further Commander Alvarez earned the dubi- California, in 1937. He earned a Bach- proceedings on this motion will be ous distinction of not only being the elor of Science Degree in Electrical En- postponed. first naval aviator captured by the gineering and a Master’s degree in Op- f North Vietnamese, but also the longest erations Research and Systems Anal- confirmed prisoner of war in North ysis, and a Juris Doctorate. JAMES W. MCCABE, SR. POST Vietnam. On February 12, 1973, Com- After earning his bachelor’s degree in OFFICE BUILDING mander Alvarez was finally released 1960, he joined the United States Navy Mrs. MORELLA. Madame Speaker, I after 81⁄2 years of imprisonment. and was an officer. He was taken pris- move to suspend the rules and pass the

VerDate 11-MAY-2000 04:45 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.038 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7233 bill (H.R. 2302) to designate the build- City High School. James McCabe and respect of all those who were privi- ing of the United States Postal Service served as mayor of Johnson City from leged to serve with him. located at 307 Main Street in Johnson 1963 to 1971, and on the executive com- Jim McCabe died in 1999, and naming City, New York, as the ‘‘James W. mittee of the New York Conference of the Johnson City Post Office after him McCabe, Sr. Post Office Building.’’ Mayors in 1970 to 1971. He was elected would permanently honor his memory The Clerk read as follows: to represent his constituents as an as- in the community that he served so H.R. 2302 semblyman from January 1973 to 1985. well. This tribute is particularly appro- Be it enacted by the Senate and House of Rep- For his efforts on behalf of the men- priate since Jim’s father served as the resentatives of the United States of America in tally disabled, the Mayor of New York, postmaster in Johnson City. Congress assembled, on behalf of the City of New York and Jim McCabe was born in Johnson SECTION 1. DESIGNATION. the Advisory Board of the New York City, New York, on April 17, 1917. He (a) IN GENERAL.—The building of the City Department of Mental Health and graduated cum laude from the Univer- United States Postal Service located at 307 Mental Retardation Services, pre- sity of Notre Dame. He then attended Main Street in Johnson City, New York, sented Mr. McCabe the Human Service the State University of New York at shall be known and designated as the ‘‘James Albany for a semester to complete his W. McCabe, Sr. Post Office Building’’. Award in 1977. Also in 1977, he received (b) REFERENCES.—Any reference in a law, the Legislator of the Year Award from teaching requirements, and later re- map, regulation, document, paper, or other the New York State Personnel and ceived a master’s degree in education. record of the United States to the building Guidance Association for his work in He did further graduate study at Syra- referred to in subsection (a) shall be deemed mental health. cuse University, at Colgate University, to be a reference to the ‘‘James W. McCabe, In 1981 and 1982, Mr. McCabe was and also Ithaca College. Sr. Post Office Building’’. named Legislator of the Year by the He was a devoted family man and was The SPEAKER pro tempore. Pursu- New York State Association of Coun- married for 56 years to his wife Mar- ant to the rule, the gentlewoman from ties and the Friend of Education garet, and together they had seven Maryland (Mrs. MORELLA) and the gen- Award. children. tleman from Maryland (Mr. CUMMINGS) After his service in the State assem- Jim served with the Army Air Corps each will control 20 minutes. bly, Mr. McCabe served on the New from 1943 through 1945. He was a World The Chair recognizes the gentle- York State Board of Regents for 5 War II veteran. He was stationed in the woman from Maryland (Mrs. MORELLA). years. South Pacific with a B–24 bomber crew. GENERAL LEAVE Mr. McCabe died in Johnson City on And for his service there, he was Mrs. MORELLA. Madame Speaker, I May 23, 1999. He is survived by his wife awarded the Air Medal with an oak leaf ask unanimous consent that all Mem- of 55 years, Margaret Flynn McCabe. cluster. bers may have 5 legislative days within Madam Speaker, this bill honors an Jim taught Latin and English at which to revise and extend their re- individual who devoted his life to pub- Johnson City High School when he was marks on H.R. 2302. lic service. It is most appropriate to discharged from the service from 1946 The SPEAKER pro tempore. Is there honor James W. McCabe, Sr., by nam- to 1973. He also served as a counselor at objection to the request of the gentle- ing a United States Post Office in that school. woman from Maryland? Johnson City, New York, where Mr. From 1963 to 1971, Jim was the Mayor There was no objection. McCabe was born, served his commu- of Johnson City. As mayor, Jim was a Mrs. MORELLA. Madam Speaker, I nity and died; and I urge all Members strong proponent of the construction of yield myself such time as I may con- to support H.R. 2302 honoring James W. New York Route 17, soon to be redesig- sume. McCabe, Sr. nated as part of the interstate highway Madam Speaker, our colleague, the Madam Speaker, I reserve the bal- system, Interstate 86. The construction gentleman from New York (Mr. HIN- ance of my time. of that Route 17 brought economic de- CHEY) introduced H.R. 2302 on June 22, Mr. CUMMINGS. Madam Speaker, I velopment to the area. At a time when 1999. Pursuant to the policy of the yield 5 minutes to the gentleman from the region was dumping raw sewage Committee on Government Reform, New York (Mr. HINCHEY), the author of into the Susquehanna River, Jim each House Member of the State dele- the legislation. helped establish the Binghamton-John- gation of New York has cosponsored Mr. HINCHEY. Madam Speaker, it is son City Joint Sewer Treatment Plant, the legislation. with a great deal of pleasure that I rise which still serves the people of Broome H.R. 2302 designates the building of and ask the House to support us in des- County. And it was his foresight and the United States Postal Service at 307 ignating the building of the United leadership on this important environ- Main Street in Johnson City, New States Postal Service, which is located mental issue that made that possible. York, as the James W. McCabe, Sr. at 307 Main Street in Johnson City, From 1970 to 1971, he served as a Post Office Building. New York, as the James W. McCabe, member of the Executive Committee of James W. McCabe was born in John- Sr. Post Office Building. the New York State Conference of son City, New York, in 1917. He at- In doing so, I want to express my ap- Mayors. Jim McCabe also served six tended elementary school in Johnson preciation to my friend and colleague, terms in the New York State assembly. City and high school at Holy Cross the gentlewoman from Maryland (Mrs. That service was from 1973 until 1982. Seminary in Notre Dame, Indiana. He MORELLA), and others who are sup- During that time, he was chairman of graduated cum laude from the Univer- porting us in this endeavor. I thank the Assembly Committee on Local sity of Notre Dame where he majored them very much. Government and also chair of the Leg- in Latin and had minors in English and Jim McCabe, Sr. served a total of 17 islative Commission on State and philosophy. He then attended SUNY- years in New York State government. Local Relations. Albany to complete teaching require- As a former Mayor of Johnson City and As a member of the State Assembly’s ments, and he also received a master’s a member of the New York State legis- Committee on Mental Health, Edu- degree in education. He did further lature, Jim served his community and cation and on the Rules Committee and graduate studies at Syracuse Univer- he served his entire State with great its Task Force on the Disabled, Jim sity, Colgate University and Ithaca distinction. was a passionate advocate on behalf of College. Many members of the New York con- the mentally disabled, and he became Mr. McCabe served with the Army gressional delegation served with Jim known all across New York State for Air Corps from 1943 through 1945. He during his six terms in the assembly that service. In fact, for his efforts, was stationed in the South Pacific with and remember him for his dedication, Jim received the Human Service Award a B–24 bomber crew. He was awarded for his kindness, and, most of all, I in 1977. The award was presented by the Air Medal with an oak leaf cluster think, for his great strong sense of in- then New York City Mayor Abraham and was honorably discharged with the tegrity. His leadership was always Beame on behalf of New York City and rank of technical sergeant. based upon his conscience, not on the the Advisory Board of the New York After military service, Mr. McCabe polls and not on party. His intelligent City Department of Mental Health and taught Latin and English at Johnson leadership earned him the friendship Mental Retardation Services.

VerDate 11-MAY-2000 04:45 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.051 pfrm02 PsN: H06PT1 H7234 CONGRESSIONAL RECORD — HOUSE September 6, 2000 In the same year, Jim McCabe re- Mr. Speaker, I have no further re- Maryland, as the ‘‘Judge Robert Ber- ceived the Legislator of the Year quests for time, and I yield back the nard Watts, Sr. Post Office.’’ Award from the New York State Per- balance of my time. Judge Watts graduated with honors sonnel and Guidance Association, addi- The SPEAKER pro tempore (Mr. from Morgan State College in 1943. He tionally for his work in mental health. KUYKENDALL). The question is on the joined the Army and served until 1945. Jim was named Legislator of the Year motion offered by the gentlewoman After this service, he earned a law de- in 1981 and 1982 by the New York State from Maryland (Mrs. MORELLA) that gree from the University of Maryland Association of Counties. He also re- the House suspend the rules and pass in 1948. ceived the Friends of Education Award the bill, H.R. 2302. Judge Watts was deeply involved in 1982 from the New York Education The question was taken; and (two- with the civil rights movement and Association. thirds having voted in favor thereof) worked closely with the NAACP. He After his service in the State Assem- the rules were suspended and the bill was instrumental in desegregating nu- bly, and in a way as a capstone of his was passed. merous theaters, restaurants, depart- entire service in both State and local A motion to reconsider was laid on ment stores, hotels, and the Gwynn government, Jim served for 5 years on the table. Oak Amusement Park. Judge Robert the New York State Board of Regents. f Bernard Watts was the first African The New York State Board of Regents, American to be appointed full time to JUDGE ROBERT BERNARD WATTS, of course, is the board which oversees the bench of the Municipal Court of SR. POST OFFICE BUILDING the entire educational system within Baltimore City and was the first judge New York. It was a very appropriate Mrs. MORELLA. Mr. Speaker, I move in Maryland to open hundreds of adop- way for Jim McCabe to end his public to suspend the rules and pass the bill tion records. service, in the sense that throughout (H.R. 4448) to designate the facility of Mr. Speaker, I urge all Members to his years, in local government and in the United States Postal Service lo- support H.R. 4448 in honor of a gen- the State legislature, and wherever he cated at 3500 Dolfield Avenue in Balti- tleman, a gentleman who has made a worked, with young people and old ev- more, Maryland, as the ‘‘Judge Robert difference in the lives of his commu- erywhere, his educational skills served Bernard Watts, Sr. Post Office Build- nity and his State. him in good stead. ing.’’ I also want to congratulate the gen- Jim, first and foremost, was an edu- The Clerk read as follows: tleman from Maryland (Mr. CUMMINGS) cator. And everyone with whom he H.R. 4448 for taking time to introduce this bill came in contact benefitted from his Be it enacted by the Senate and House of Rep- and for bringing the good works of skills, from his experience, from his resentatives of the United States of America in Judge Watts to the attention of our wide breadth of service both here at Congress assembled, colleagues. home and abroad. It is, Mr. Speaker, SECTION 1. JUDGE ROBERT BERNARD WATTS, SR. Mr. Speaker, I reserve the balance of with a great sense of pride that I offer POST OFFICE BUILDING. my time. this legislation to the Congress of the (a) DESIGNATION.—The facility of the Mr. CUMMINGS. Mr. Speaker, I yield United States to name the Post Office United States Postal Service located at 3500 myself such time as I may consume. Dolfield Avenue in Baltimore, Maryland, Building in Johnson City as the James Mr. Speaker, I would like to thank shall be known and designated as the ‘‘Judge the gentlewoman from Maryland (Mrs. W. McCabe, Sr. Post Office. Robert Bernard Watts, Sr. Post Office Build- Mrs. MORELLA. Mr. Speaker, I yield ing’’. MORELLA), the gentleman from New myself such time as I may consume to (b) REFERENCES.—Any reference in a law, York (Mr. MCHUGH), and the gentleman congratulate the gentleman from New map, regulation, document, paper, or other from Pennsylvania (Mr. FATTAH) the York (Mr. HINCHEY) for introducing record of the United States to the facility re- ranking member of the Subcommittee this bill for someone who certainly deferred to in subsection (a) shall be deemed to on Postal Service, for their support in serves the recognition. be a reference to the ‘‘Judge Robert Bernard bringing this bill to the floor. Mr. Speaker, I reserve the balance of Watts, Sr. Post Office Building’’. I believe that persons who have made my time. The SPEAKER pro tempore. Pursu- meaningful contributions to society Mr. CUMMINGS. Mr. Speaker, I yield ant to the rule, the gentlewoman from should be recognized. The naming of a myself such time as I may consume. Maryland (Mrs. MORELLA) and the gen- postal building in one’s honor is truly Mr. Speaker, I also applaud the gentleman from Maryland (Mr. CUMMINGS) a salute to the accomplishments and tleman from New York (Mr. HINCHEY) each will control 20 minutes. public service of an individual. for this bill and for introducing it. I The Chair recognizes the gentle- H.R. 4448 designates the United think he has said it quite eloquently as woman from Maryland (Mrs. MORELLA). States Postal Building located at 3500 to why we are honoring this wonderful GENERAL LEAVE Dolfield Avenue, Baltimore, Maryland, gentleman, James W. McCabe, in nam- Mrs. MORELLA. Mr. Speaker, I ask as the ‘‘Judge Robert Bernard Watts, ing a post office after him. unanimous consent that all Members Sr. Post Office Building.’’ The fact is, as I have said about some may have 5 legislative days within I am pleased to be able to speak of our other honorees earlier today, which to revise and extend their re- today about Judge Robert Bernard they have come upon the Earth, they marks on H.R. 4448. Watts, Sr. Judge Watts was born in have seen it, they saw they could make The SPEAKER pro tempore. Is there west Baltimore, was at the center of a difference and made that difference. objection to the request of the gentle- the civil rights movement in the State With that, I would associate myself woman from Maryland? of Maryland. He began his civil rights with the statement that the gentleman There was no objection. work as chairman of the NAACP Youth from New York just made and would Mrs. MORELLA. Mr. Speaker, I yield Chapter at Morgan State University. urge our colleagues to vote in favor of myself such time as I may consume. His chapter, with 200 members, was the this very important legislation based Mr. Speaker, it is an honor to bring largest in the country at that time. Be- upon that. before the House H.R. 4448, legislation cause of his outstanding work, the I also want to thank the gentle- that was introduced by our colleague, NAACP sent him to his first national woman from Maryland (Mrs. MORELLA) the gentleman from Maryland (Mr. convention in Atlanta, Georgia, in 1942, also for all her assistance. CUMMINGS). This bill was introduced on where he met the late Justice Mr. Speaker, I have no further re- May 15 of this year and is supported by Thurgood Marshall with whom he quests for time, and I yield back the all Members of the House delegation worked for 15 years on various civil balance of my time. from the State of Maryland, and I am rights cases. Mrs. MORELLA. Mr. Speaker, I yield honored to be a cosponsor. He was the first African American to myself such time as I may consume be appointed full time to the bench of b and I again urge this House to unani- 1600 the Municipal Court of Baltimore City. mously pass H.R. 2302, the legislation This legislation designates the He then served in the Army until 1945. naming the James W. McCabe Post Of- United States Post Office located at He earned a law degree from the Uni- fice Building. 3500 Dolfield Avenue in Baltimore, versity of Maryland, my alma mater,

VerDate 11-MAY-2000 03:31 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.053 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7235 in 1949, where he was the editor of the As my colleagues have pointed out, children Robert, Rodney, Jacqueline, Maryland Law Review, which is a very yes, he was responsible for breaking Janelle, and Bobbett; and we take this high honor. many barriers. He was an outstanding moment to name this post office after Also in 1949, he formed the first jurist. He was a colleague of my father him so that, as I have said so many, major African American law firm in on the Supreme Bench of Baltimore many times, so that when children Baltimore. He was the first African City and a close friend of my father look at the post office and look at the American appointed to the Municipal and our family. name up there, they can say, Well, who Court in Maryland. In 1968 he was ap- I remember sharing many dinners to- was Judge Watts? And it may be many, pointed by Governor Spiro Agnew to gether with Judge Watts and his fam- many years from now and somebody the Supreme Bench of Baltimore City. ily. He was an extraordinary indi- will be able to say, Well, he was a great As a judge, Watts was instrumental vidual. But I think his greatest accom- jurist, he was a great great humani- in desegregating numerous theaters, plishment was the way that Judge tarian and, in the words of the gen- restaurants, department stores, hotels, Watts was able to bring communities tleman from Maryland (Mr. CARDIN), he and the Gwynn Oak Amusement Park. and people together. He could mediate was a consensus builder and one who He was the first judge in Maryland to problems in a neighborhood. He could brought people together. open hundreds of adoption records, remediate problems in a city. He could I do not think we can give any great- uniting numerous families. Judge mediate problems in our State. He was er tribute to any person greater than Watts was one of the few judges who called upon by governors, by legisla- the one we have given here today. I volunteered to be a part of our family tors, by jurists, by attorneys to help urge passage of this legislation. court, the court that dealt with var- bring his wisdom to improve our com- Mr. Speaker, I yield back the balance ious disputes with regard to family munity. And as the gentleman from of my time. Mrs. MORELLA. Mr. Speaker, I yield matters, divorces, adoptions, and child Maryland (Mr. CUMMINGS) pointed out, support. he never turned down a request, serv- myself such time as I may consume. Mr. Speaker, we can see there is una- I had an opportunity, many opportu- ing on 14 boards at one time. nimity among the Maryland delegation nities, to go before him. And quite Let me just share with my colleagues on behalf of the Nation and the service often he would tell us that the reason one example of one board that he of Judge Robert Bernard Watts, Sr. So why he liked doing this kind of work agreed to serve on. He served with me I urge passage of this bill. was because he wanted to bring fami- as a trustee at St. Mary’s College in St. Mr. Speaker, I yield back the balance lies together and have them see the Mary’s City, Maryland, not exactly of my time. bigger picture. He cared so much about close to his hometown of Baltimore. It The SPEAKER pro tempore (Mr. children he wanted to make sure that was about a 2-hour commute in order KUYKENDALL). The question is on the fathers understood that they needed to to attend the trustees meetings. motion offered by the gentlewoman be a part of their children’s lives. Now, Judge Watts was well known in from Maryland (Mrs. MORELLA) that Moreover, Judge Robert Watts not Baltimore, but he was willing to take the House suspend the rules and pass only served justly and fairly in the his knowledge and expertise and use it the bill, H.R. 4448. courtroom but served in numerous or- to help a small liberal arts college in a The question was taken. ganizations in the community. At one rural part of our State. Mrs. MORELLA. Mr. Speaker, on point in his career he served on 14 He never missed a meeting that I can that I demand the yeas and nays. boards at the same time, among them remember. He was always an active The yeas and nays were ordered. Bon Secours Hospital, which is located participant. We had a very sensitive The SPEAKER pro tempore. Pursu- in the seventh Congressional District. issue that, quite frankly, I do not ant to clause 8 of rule XX and the He chaired three gubernatorial task think anyone but Judge Watts could Chair’s prior announcement, further forces regarding family law, AIDS, and have resolved. proceedings on this motion will be prison overcrowding and served the St. Mary’s College is one of the finest postponed. community as a member of Alpha Phi public liberal arts colleges in this Na- f Alpha Fraternity, Inc. tion. And this is a tribute also to Judge DR. FLOSSIE MCCLAIN DEDMOND Watts’ talent, leadership, and willing- He died October 8, 1998. POST OFFICE BUILDING He was such a wonderful, wonderful ness to get involved in community ac- husband to his wife Jacqueline. He was tivities. Mrs. MORELLA. Mr. Speaker, I move married to her for over 50 years. Mr. Speaker, he spent his life serving to suspend the rules and pass the bill And so we take this moment to sa- his community. I am proud that today (H.R. 4449) to designate the facility of lute him for all that he has done to we are going to be able to honor his the United States Postal Service lo- make life better for so many people. community by the naming of this facil- cated at 1908 North Ellamont Street in One great author said that, when ity. Baltimore, Maryland, as the ‘‘Dr. speaking of a great person, he said he I congratulate all involved. Flossie McClain Dedmond Post Office brought life to life. It is clear that Mrs. MORELLA. Mr. Speaker, I re- Building.’’ Judge Watts did that. serve the balance of my time. The Clerk read as follows: Mr. Speaker, I reserve the balance of Mr. CUMMINGS. Mr. Speaker, I yield H.R. 4449 my time. myself such time as I may consume. Be it enacted by the Senate and House of Rep- Mrs. MORELLA. Mr. Speaker, again I Mr. Speaker, I want to thank the resentatives of the United States of America in Congress assembled, thank the gentleman from Maryland gentleman from Maryland (Mr. CARDIN) SECTION 1. DR. FLOSSIE McCLAIN DEDMOND (Mr. CUMMINGS) for introducing this for his comments. As he was speaking, POST OFFICE BUILDING. legislation. I could not help but remember the (a) DESIGNATION.—The facility of the Mr. Speaker, I reserve the balance of many times that Judge Watts sat in United States Postal Service located at 1908 my time. the meetings of blacks and Jews, we North Ellamont Street in Baltimore, Mary- Mr. CUMMINGS. Mr. Speaker, I am called them Blews, and tried to make land, shall be known and designated as the very pleased to yield 5 minutes to my sure that African-Americans and Jew- ‘‘Dr. Flossie McClain Dedmond Post Office distinguished colleague, the gentleman ish people worked together to resolve Building’’. (b) REFERENCES.—Any reference in a law, from Maryland (Mr. CARDIN). problems. He was a man who con- map, regulation, document, paper, or other Mr. CARDIN. Mr. Speaker, first let stantly looked for what people had in record of the United States to the facility reme thank my friends, the gentleman common, as opposed to their dif- ferred to in subsection (a) shall be deemed to from Maryland (Mr. CUMMINGS) and the ferences; and he fully understood that be a reference to the ‘‘Dr. Flossie McClain gentlewoman from Maryland (Mrs. if we concentrated on the things we Dedmond Post Office Building’’. MORELLA), for bringing forward this have in common, we can accomplish so The SPEAKER pro tempore. Pursu- legislation that honors Judge Watts. very, very much. ant to the rule, the gentlewoman from I can think of no person more appro- So we take this moment not only to Maryland (Mrs. MORELLA) and the gen- priate to be honored than Judge Watts. salute Judge Watts, but we also salute tleman from Maryland (Mr. CUMMINGS) He was my friend. He was my mentor. Mrs. Watts, Jacqueline Watts; his five each will control 20 minutes.

VerDate 11-MAY-2000 03:31 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.057 pfrm02 PsN: H06PT1 H7236 CONGRESSIONAL RECORD — HOUSE September 6, 2000 The Chair recognizes the gentle- b 1615 This legislation honors a woman, Dr. woman from Maryland (Mrs. MORELLA). Dr. Dedmond spent 31 years working Dedmond, who was a woman of arts and GENERAL LEAVE at Coppin State College where she letters and great service to her country Mrs. MORELLA. Mr. Speaker, I ask served in numerous roles. Upon her re- and to her community. unanimous consent that all Members tirement, the honor of Dean Emeritus It is important that we open the may have 5 legislative days within was bestowed upon her. In 1993, doors of opportunity for others, but it which to revise and extend their re- Coppin’s first residence hall was named is also very important that we prepare marks on H.R. 4449. after her and is called the Flossie M. them to go through those doors. That The SPEAKER pro tempore. Is there Dedmond Center for Living and Learn- is what Dr. Dedmond did. objection to the request of the gentle- ing. I urge passage of H.R. 4449. woman from Maryland? A talented musician, Dr. Dedmond Mr. Speaker, I yield back the balance There was no objection. composed the alma mater for Allen of my time. Mrs. MORELLA. Mr. Speaker, I yield University, and the song is still in use The SPEAKER pro tempore (Mr. myself such time as I may consume. today. Along with her other many tal- KUYKENDALL). The question is on the Mr. Speaker, the bill before us, H.R. ents and honors, Dr. Dedmond was a motion offered by the gentlewoman 4449, was introduced by the gentleman prize winning poet. For over 6 years, from Maryland (Mrs. MORELLA) that from Maryland (Mr. CUMMINGS), my she served as the Governor’s appointee the House suspend the rules and pass colleague. This legislation designates on a 13-member appellate judicial the bill, H.R. 4449. the post office located at 1908 North nominating commission. She is the The question was taken; and (two- Ellamont Street in Baltimore, Mary- thirds having voted in favor thereof) land, as the ‘‘Dr. Flossie McClain former national vice president of the the rules were suspended and the bill Dedmond Post Office.’’ Each member of National Council of Negro Women. Dr. was passed. the Maryland delegation has cospon- Dedmond was also a 52-year member of A motion to reconsider was laid on sored this legislation, pursuant to the Alpha Kappa Alpha Sorority, a service the table. policy of the Committee on Govern- sorority. In her many years of service ment Reform. to this organization, she was a former f Dr. Flossie McClain Dedmond earned national public relations director of a bachelor’s degree in English from the sorority and was one of the organi- COMMUNICATION FROM THE HON- Fisk University, a master’s degree zation’s incorporators of the Cleveland ORABLE BART STUPAK, MEMBER from Columbia University, and she pur- Job Corps. She died on September 11, OF CONGRESS 1998. sued postgraduate studies in English The SPEAKER pro tempore laid be- Dr. Burnett, the President of Coppin and speech at Ohio State University fore the House the following commu- State University, tells a very inter- and Catholic University of America, re- nication from the Honorable BART STU- esting story about how, when she was spectively. PAK, Member of Congress: Dr. Dedmond taught and held admin- dean, she had a major trip that she was CONGRESS OF THE UNITED STATES, istrative positions at Allen University, supposed to take to Austria to deliver a paper and it was probably the most HOUSE OF REPRESENTATIVES, Benedict College, Knoxville College, Washington, DC, August 9, 2000. Morgan State University, and Coppin important trip of her life as a college Hon. J. DENNIS HASTERT, State College, where she spent 31 years educator. He said that she was pre- Speaker, House of Representatives, in various posts. pared to go but they had some prob- Washington, DC. She held various positions at Coppin, lems at the university and so he DEAR MR. SPEAKER: This is to formally no- including professor of English, head of thought that she had flown off to de- tify you, pursuant to Rule VIII of the Rules the English Department, and chair of liver her paper in Austria. So he walks of the House of Representatives, that my office has been served with a civil subpoena for numerous committees. She was also in early that Monday morning to try to address the problems, and she is sitting documents issued by the Circuit Court for the director of the summer/evening col- the 47th Judicial Circuit of Michigan and di- lege and retired as dean of the arts and there in his office. He said, ‘‘Why are rected to the ‘‘Custodian of Records.’’ sciences division. you still here?’’ She says, ‘‘I’m here be- After consultation with the Office of Gen- The first residence hall at Coppin cause I didn’t want to leave you here to eral Counsel, I have determined that it is State College was named ‘‘The Flossie drown. I wanted to stay here to make consistent with the precedents and privileges M. Dedmond Center for Living and sure that the students who come of the House to notify the party that issued Learning.’’ Dr. Dedmond was bestowed through the doors of this university the subpoenas that I do not have any respon- the honor of Dean Emeritus when she have an opportunity to move forward sive documents. Sincerely, retired from Coppin State. and become the great people that I BART STUPAK, Dr. Dedmond passed away on Sep- know that they can be.’’ Member of Congress. tember 11, 1998. That was what Dr. Dedmond was all Mr. Speaker, I urge our colleagues to about, touching the lives of college stu- f support H.R. 4449, a bill that honors a dents, making sure that they were pre- great academician who has inspired in- pared to go out of the doors of Coppin COMMUNICATION FROM STAFF numerable young Americans. State University and other historically MEMBER OF THE HONORABLE I also want to recognize the dedi- black colleges and universities so that JAMES A. TRAFICANT, JR., MEM- cated work of the gentleman from they could touch others to make their BER OF CONGRESS Maryland (Mr. CUMMINGS) in bringing lives better. The SPEAKER pro tempore laid be- this legislation to the floor. She would often talk about breaking fore the House the following commu- Mr. Speaker, I reserve the balance of the cycle of poverty and breaking the nication from Anthony Traficanti, of- my time. cycle of illiteracy and breaking the fice of the Honorable JAMES A. TRAFI- Mr. CUMMINGS. Mr. Speaker, I yield cycle of alcoholism and health prob- CANT, Jr., Member of Congress: myself such time as I may consume. lems and she wanted to do her part; CONGRESS OF THE UNITED STATES, Mr. Speaker, Dr. Flossie McClain and she did, staying so long at Coppin HOUSE OF REPRESENTATIVES, Dedmond earned a bachelor’s degree in State University, touching the young Washington, DC, August 10, 2000. English from Fisk University, received people’s lives, making it so that they Hon. J. DENNIS HASTERT, a master’s degree from Columbia Uni- could break the cycles in their own Speaker, House of Representatives, versity, and pursued postgraduate families. And so today we salute her. Washington, DC. studies at Ohio State University and Mr. Speaker, I urge all of my col- DEAR MR. SPEAKER: This is to formally notify you pursuant to Rule VIII of the Rules Catholic University of America. She leagues to vote in favor of this very im- served in teaching and administrative of the House that I have received a subpoena portant legislation. for testimony before the grand jury issued by positions at Allen University, Benedict Mr. Speaker, I yield back the balance the United States District Court for the College, Knoxville College, Morgan of my time. Northern District of Ohio. State University, and Coppin State Mrs. MORELLA. Mr. Speaker, I yield Sincerely, College. myself such time as I may consume. ANTHONY TRAFICANT.

VerDate 11-MAY-2000 04:45 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.061 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7237 COMMUNICATION FROM STAFF COMMUNICATION FROM THE ACT- the gentlewoman from Maryland (Mrs. MEMBER OF THE HONORABLE ING ASSOCIATE ADMINIS- MORELLA) that the House suspend the JAMES A. TRAFICANT, JR., MEM- TRATOR, OFFICE OF HUMAN RE- rules and pass the bill, H.R. 4884, on BER OF CONGRESS SOURCES, OFFICE OF CHIEF AD- which the yeas and nays are ordered. The SPEAKER pro tempore laid be- MINISTRATIVE OFFICER The vote was taken by electronic de- fore the House the following commu- The SPEAKER pro tempore laid be- vice, and there were—yeas 404, nays 0, nication from Betty Manente, office of fore the House the following commu- not voting 30, as follows: the Honorable JAMES A. TRAFICANT, nication from J. Michael Dorsey, Act- [Roll No. 451] Jr., Member of Congress: ing Associate Administrator, Office of YEAS—404 CONGRESS OF THE UNITED STATES, Human Resources, Office of Chief Ad- Abercrombie Deal Hulshof HOUSE OF REPRESENTATIVES, ministrative Officer: Aderholt DeFazio Hunter Washington, DC, August 10, 2000. Allen DeGette Hutchinson OFFICE OF THE CHIEF ADMINISTRA- Archer Delahunt Hyde Hon. J. DENNIS HASTERT, TIVE OFFICER, HOUSE OF REP- Armey DeLauro Inslee Speaker, U.S. House of Representatives, RESENTATIVES, Baca DeLay Isakson Washington, DC. Washington, DC, August 28, 2000. Bachus DeMint Istook DEAR MR. SPEAKER: This is to formally no- Hon. J. DENNIS HASTERT, Baird Deutsch Jackson (IL) tify you pursuant to Rule VIII of the Rules Speaker, House of Representatives, Baker Diaz-Balart Jackson-Lee Baldacci Dickey (TX) of the House that I have received a subpoena Washington, DC. for testimony before the grand jury issued by Baldwin Dicks Jenkins DEAR MR. SPEAKER: This is to formally no- Ballenger Dingell John the United States District Court for the tify you, pursuant to Rule VIII of the Rules Barcia Dixon Johnson (CT) Northern District of Ohio. of the House of Representatives, that I have Barr Doggett Johnson, E. B. Sincerely, been served with a civil trial subpoena for Barrett (NE) Dooley Johnson, Sam BETTY MANENTE. documents issued by the Superior Court for Barrett (WI) Doolittle Jones (NC) f Los Angeles County, California. Bartlett Doyle Kanjorski Barton Dreier Kaptur After consultation with the Office of Gen- COMMUNICATION FROM STAFF Bass Duncan Kasich eral Counsel, I have determined that compli- Bateman Dunn Kelly MEMBER OF THE HONORABLE ance with the subpoena is consistent with Becerra Edwards Kennedy JAMES A. TRAFICANT, JR., MEM- the precedents and privileges of the House. Bentsen Ehlers Kildee BER OF CONGRESS Sincerely, Bereuter English Kilpatrick J. MICHAEL DORSEY, Berkley Eshoo Kind (WI) The SPEAKER pro tempore laid be- Acting Associate Administrator, Office of Berman Etheridge King (NY) fore the House the following commu- Berry Evans Kingston Human Resources. Biggert Everett Kleczka nication from Faye Sarra, office of the f Bilbray Ewing Knollenberg Honorable JAMES A. TRAFICANT, Jr., Bilirakis Farr Kolbe Member of Congress: RECESS Blagojevich Fattah Kucinich Bliley Filner Kuykendall CONGRESS OF THE UNITED STATES, The SPEAKER pro tempore. Pursu- Blumenauer Fletcher LaFalce HOUSE OF REPRESENTATIVES, ant to clause 12 of rule I, the Chair de- Blunt Foley LaHood Washington, DC, August 10, 2000. clares the House in recess until ap- Boehlert Forbes Lantos Hon. J. DENNIS HASTERT, proximately 6 p.m. today. Boehner Ford Largent Speaker, U.S. House of Representatives, Bonilla Fossella Larson Washington, DC. Accordingly (at 4 o’clock and 22 min- Bonior Fowler Latham Bono Frank (MA) Leach DEAR MR. SPEAKER: This is to formally no- utes p.m.), the House stood in recess until approximately 6 p.m. Borski Frelinghuysen Lee tify you pursuant to Rule VIII of the Rules Boswell Frost Levin of the House that I have received a subpoena f Boucher Gallegly Lewis (CA) for testimony before the grand jury issued by Boyd Ganske Lewis (GA) the United States District Court for the b 1800 Brady (PA) Gejdenson Lewis (KY) Northern District of Ohio. AFTER RECESS Brady (TX) Gekas Linder Sincerely, Brown (FL) Gephardt Lipinski Brown (OH) Gibbons LoBiondo FAYE SARRA. The recess having expired, the House Bryant Gilchrest Lofgren f was called to order by the Speaker pro Burr Gillmor Lucas (KY) tempore (Mr. KUYKENDALL) at 6 p.m. Burton Gilman Lucas (OK) COMMUNICATION FROM THE PRO- f Buyer Gonzalez Luther DUCTION OPERATIONS MAN- Callahan Goode Maloney (CT) AGER, OFFICE OF COMMUNICA- ANNOUNCEMENT BY THE SPEAKER Calvert Goodlatte Maloney (NY) Camp Goodling Manzullo TION MEDIA, OFFICE OF CHIEF PRO TEMPORE Campbell Gordon Markey ADMINISTRATIVE OFFICER The SPEAKER pro tempore. Pursu- Canady Goss Martinez Cannon Graham Mascara The SPEAKER pro tempore laid be- ant to clause 8, rule XX, the Chair will Capps Granger Matsui fore the House the following commu- now put the question on each motion Capuano Green (TX) McCarthy (MO) nication from Gary Denick, Production to suspend the rules on which further Cardin Green (WI) McCarthy (NY) proceedings were postponed earlier Carson Greenwood McCrery Operations Manager, Office of Commu- Castle Gutierrez McDermott nication Media, Office of Chief Admin- today in the order in which that mo- Chabot Gutknecht McGovern istrative Officer: tion was entertained. Chambliss Hall (OH) McHugh Votes will be taken in the following Chenoweth-Hage Hall (TX) McInnis OFFICE OF THE CHIEF ADMINISTRA- Clay Hansen McIntyre TIVE OFFICER, HOUSE OF REP- order: Clayton Hastings (FL) McKeon RESENTATIVES, H.R. 4884, by the yeas and nays; Clement Hastings (WA) McKinney Washington, DC, August 21, 2000. H.R. 4484, by the yeas and nays; Clyburn Hayes McNulty Hon. J. DENNIS HASTERT, H.R. 4448, by the yeas and nays. Coble Hayworth Meehan Coburn Hefley Meek (FL) Speaker, House of Representatives, The Chair will reduce to 5 minutes Washington, DC. Collins Herger Menendez the time for any electronic vote after Combest Hill (IN) Metcalf DEAR MR. SPEAKER: This is to notify you the first such vote in this series. Condit Hill (MT) Mica formally, pursuant to Rule VIII of the Rules Conyers Hilleary Millender- of the House of Representatives, that I have f Cooksey Hilliard McDonald been served with a subpoena for testimony Costello Hinchey Miller (FL) and production of records issued by the Su- WILLIAM S. BROOMFIELD POST Cox Hinojosa Miller, Gary perior Court for the District of Columbia. OFFICE BUILDING Coyne Hobson Miller, George After consultation with the Office of Gen- Cramer Hoeffel Minge The SPEAKER pro tempore. The Crane Hoekstra Mink eral Counsel, I have determined that compli- pending business is the question of sus- Crowley Holden Moakley ance with the subpoena is consistent with pending the rules and passing the bill, Cubin Holt Moore the privileges and rights of the House. Cummings Hooley Moran (KS) Sincerely, H.R. 4884. Cunningham Horn Moran (VA) GARY DENICK, The Clerk read the title of the bill. Davis (FL) Hostettler Morella Production Operations Manager, The SPEAKER pro tempore. The Davis (IL) Houghton Murtha Office of Communication Media. question is on the motion offered by Davis (VA) Hoyer Myrick

VerDate 11-MAY-2000 04:45 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.065 pfrm02 PsN: H06PT1 H7238 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Nadler Ros-Lehtinen Sweeney the gentlewoman from Maryland (Mrs. Moran (VA) Rogan Stump Napolitano Rothman Talent Morella Rogers Stupak Neal Roukema Tancredo MORELLA) that the House suspend the Murtha Rohrabacher Sununu Nethercutt Roybal-Allard Tanner rules and pass the bill, H.R. 4484, on Myrick Ros-Lehtinen Sweeney Ney Royce Tauscher which the yeas and nays are ordered. Nadler Rothman Talent Northup Rush Tauzin This will be a 5-minute vote. Napolitano Roukema Tancredo Norwood Ryan (WI) Taylor (MS) Neal Roybal-Allard Tanner Nussle Ryun (KS) Taylor (NC) The vote was taken by electronic de- Nethercutt Royce Tauscher Oberstar Sabo Terry vice, and there were—yeas 403, nays 0, Ney Rush Tauzin Obey Salmon Thomas not voting 31, as follows: Northup Ryan (WI) Taylor (MS) Olver Sanchez Thompson (CA) Norwood Ryun (KS) Taylor (NC) Ortiz Sanders Thompson (MS) [Roll No. 452] Oberstar Sabo Terry Ose Sandlin Thornberry YEAS—403 Obey Salmon Thomas Oxley Sanford Thune Olver Sanchez Thompson (CA) Packard Sawyer Thurman Abercrombie Davis (VA) Hoyer Ortiz Sanders Thompson (MS) Pallone Saxton Tiahrt Aderholt Deal Hulshof Ose Sandlin Thornberry Pascrell Scarborough Tierney Allen DeFazio Hunter Oxley Sanford Thune Pastor Schaffer Toomey Archer DeGette Hutchinson Packard Sawyer Thurman Paul Schakowsky Towns Armey Delahunt Hyde Pallone Saxton Tiahrt Payne Scott Traficant Baca DeLauro Inslee Pascrell Scarborough Tierney Pease Sensenbrenner Turner Bachus DeLay Isakson Pastor Schaffer Toomey Pelosi Serrano Udall (CO) Baird DeMint Istook Paul Scott Towns Peterson (MN) Sessions Udall (NM) Baker Deutsch Jackson (IL) Payne Sensenbrenner Traficant Peterson (PA) Shaw Upton Baldacci Diaz-Balart Jackson-Lee Pease Serrano Turner Petri Shays Velazquez Baldwin Dickey (TX) Pelosi Sessions Udall (CO) Phelps Sherman Visclosky Ballenger Dicks Jefferson Peterson (MN) Shaw Udall (NM) Pickering Sherwood Vitter Barcia Dingell Jenkins Peterson (PA) Shays Upton Pickett Shimkus Walsh Barr Dixon John Petri Sherman Velazquez Pitts Shows Wamp Barrett (NE) Doggett Johnson, E. B. Phelps Sherwood Visclosky Pombo Shuster Waters Barrett (WI) Dooley Johnson, Sam Pickering Shimkus Vitter Pomeroy Simpson Watkins Bartlett Doolittle Jones (NC) Pickett Shows Walsh Porter Sisisky Watt (NC) Barton Doyle Kanjorski Pitts Shuster Wamp Portman Skeen Watts (OK) Bass Dreier Kaptur Pombo Simpson Waters Price (NC) Skelton Waxman Bateman Duncan Kasich Pomeroy Sisisky Watkins Pryce (OH) Slaughter Weldon (FL) Becerra Dunn Kelly Porter Skeen Watt (NC) Quinn Smith (MI) Weldon (PA) Bentsen Edwards Kennedy Portman Skelton Watts (OK) Radanovich Smith (NJ) Weller Bereuter Ehlers Kildee Price (NC) Slaughter Waxman Rahall Smith (TX) Wexler Berkley English Kilpatrick Pryce (OH) Smith (MI) Weldon (FL) Ramstad Smith (WA) Weygand Berman Eshoo Kind (WI) Quinn Smith (NJ) Weldon (PA) Rangel Snyder Whitfield Berry Etheridge King (NY) Radanovich Smith (TX) Weller Regula Spence Wicker Biggert Evans Kingston Rahall Smith (WA) Wexler Reynolds Spratt Wilson Bilbray Everett Kleczka Ramstad Snyder Weygand Riley Stabenow Wolf Bilirakis Ewing Knollenberg Rangel Spence Whitfield Rivers Stark Woolsey Blagojevich Fattah Kolbe Regula Spratt Wicker Rodriguez Stearns Wu Bliley Filner Kucinich Reynolds Stabenow Wolf Roemer Stenholm Wynn Blumenauer Fletcher Kuykendall Riley Stark Woolsey Rogan Stump Young (FL) Blunt Foley LaFalce Rivers Stearns Wu Rogers Stupak Boehlert Forbes LaHood Rodriguez Stenholm Wynn Rohrabacher Sununu Boehner Ford Lantos Roemer Strickland Young (FL) Bonilla Fossella Largent NOT VOTING—30 Bonior Fowler Larson NOT VOTING—31 Ackerman Jones (OH) Owens Bono Frank (MA) Latham Ackerman Jones (OH) Schakowsky Andrews Klink Reyes Borski Frelinghuysen Leach Andrews Klink Shadegg Bishop Lampson Shadegg Boswell Frost Lee Bishop Lampson Souder Cook LaTourette Souder Boucher Gallegly Levin Cook LaTourette Vento Danner Lazio Strickland Boyd Ganske Lewis (CA) Danner Lazio Walden Ehrlich Lowey Vento Brady (PA) Gejdenson Lewis (GA) Ehrlich McCollum Weiner Emerson McCollum Walden Brady (TX) Gekas Lewis (KY) Emerson McIntosh Wilson Engel McIntosh Weiner Brown (FL) Gephardt Linder Engel Mollohan Wise Franks (NJ) Meeks (NY) Wise Brown (OH) Gibbons Lipinski Farr Nussle Young (AK) Jefferson Mollohan Young (AK) Bryant Gilchrest LoBiondo Franks (NJ) Owens Burr Gillmor Lofgren Johnson (CT) Reyes b 1823 Burton Gilman Lowey Buyer Gonzalez Lucas (KY) b 1833 So (two-thirds having voted in favor Callahan Goode Lucas (OK) thereof), the rules were suspended and Calvert Goodlatte Luther So (two-thirds having voted in favor the bill was passed. Camp Goodling Maloney (CT) thereof) the rules were suspended and Campbell Gordon Maloney (NY) the bill was passed. The result of the vote was announced Canady Goss Manzullo as above recorded. Cannon Graham Markey The result of the vote was announced A motion to reconsider was laid on Capps Granger Martinez as above recorded. the table. Capuano Green (TX) Mascara A motion to reconsider was laid on Cardin Green (WI) Matsui the table. f Carson Greenwood McCarthy (MO) Castle Gutierrez McCarthy (NY) Stated for: ANNOUNCEMENT BY THE SPEAKER Chabot Gutknecht McCrery Mrs. JOHNSON of Connecticut. Mr. Speak- PRO TEMPORE Chambliss Hall (OH) McDermott er, on rollcall No. 452 I put my card in the box The SPEAKER pro tempore (Mr. Chenoweth-Hage Hall (TX) McGovern Clay Hansen McHugh but it failed to register. Had it registered, I KUYKENDALL). Pursuant to clause 8 of Clayton Hastings (FL) McInnis would have voted ``yes.'' rule XX, the Chair will reduce to 5 min- Clement Hastings (WA) McIntyre f utes the minimum time for electronic Clyburn Hayes McKeon Coble Hayworth McKinney JUDGE ROBERT BERNARD WATTS, voting on each additional motion to Coburn Hefley McNulty SR. POST OFFICE BUILDING suspend the rules on which the Chair Collins Herger Meehan has postponed further proceedings. Combest Hill (IN) Meek (FL) The SPEAKER pro tempore (Mr. Condit Hill (MT) Meeks (NY) f KUYKENDALL). The pending business is Conyers Hilleary Menendez the question of suspending the rules EVERETT ALVAREZ, JR. POST Cooksey Hilliard Metcalf Costello Hinchey Mica and passing the bill, H.R. 4448. OFFICE BUILDING Cox Hinojosa Millender- The Clerk read the title of the bill. The SPEAKER pro tempore. The Coyne Hobson McDonald The SPEAKER pro tempore. The Cramer Hoeffel Miller (FL) pending business is the question of sus- Crane Hoekstra Miller, Gary question is on the motion offered by pending the rules and passing the bill, Crowley Holden Miller, George the gentlewoman from Maryland (Mrs. H.R. 4484. Cubin Holt Minge MORELLA) that the House suspend the The Clerk read the title of the bill. Cummings Hooley Mink rules and pass the bill, H.R. 4448, on Cunningham Horn Moakley The SPEAKER pro tempore. The Davis (FL) Hostettler Moore which the yeas and nays are ordered. question is on the motion offered by Davis (IL) Houghton Moran (KS) This will be a 5-minute vote.

VerDate 11-MAY-2000 04:48 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.053 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7239 The vote was taken by electronic de- Pallone Sanchez Tauscher MARRIAGE TAX RELIEF REC- Pascrell Sanders Tauzin vice, and there were—yeas 404, nays 0, Pastor Sandlin Taylor (MS) ONCILIATION ACT OF 2000—MES- not voting 30, as follows: Paul Sanford Taylor (NC) SAGE FROM THE PRESIDENT OF Payne Sawyer Terry [Roll No 453] THE UNITED STATES—(H. DOC. Pease Saxton Thomas NO. 106–291) YEAS—404 Pelosi Scarborough Thompson (CA) Peterson (MN) Schaffer Thompson (MS) The SPEAKER pro tempore laid be- Abercrombie Deutsch Johnson (CT) Peterson (PA) Schakowsky Thornberry fore the House the following veto mes- Aderholt Diaz-Balart Johnson, E.B. Petri Scott Thune Allen Dickey Johnson, Sam Phelps Sensenbrenner Thurman sage from the President of the United Archer Dicks Jones (NC) Pickering Serrano Tiahrt States: Armey Dingell Kanjorski Pickett Sessions Tierney Baca Dixon Kaptur Pitts Shaw Toomey To the House of Representatives: Bachus Doggett Kasich Pombo Shays Towns I am returning herewith without my Baird Dooley Kelly Pomeroy Sherman Traficant approval H.R. 4810, the ‘‘Marriage Tax Baker Doolittle Kennedy Porter Sherwood Turner Relief Reconciliation Act of 2000,’’ be- Baldacci Doyle Kildee Portman Shimkus Udall (CO) Baldwin Dreier Kilpatrick Price (NC) Shows Udall (NM) cause it is poorly targeted and one part Ballenger Duncan Kind (WI) Pryce (OH) Shuster Upton of a costly and regressive tax plan that Barcia Dunn King (NY) Quinn Simpson Velazquez reverses the principle of fiscal respon- Barr Edwards Kingston Radanovich Sisisky Visclosky Barrett (NE) Ehlers Kleczka Rahall Skeen Vitter sibility that has contributed to the Barrett (WI) English Knollenberg Ramstad Skelton Walsh longest economic expansion in history. Bartlett Eshoo Kolbe Rangel Slaughter Wamp Mr Administration supports mar- Barton Etheridge Kucinich Regula Smith (MI) Waters riage penalty relief and has offered a Bass Evans Kuykendall Reynolds Smith (NJ) Watkins Bateman Everett LaFalce Riley Smith (TX) Watt (NC) targeted and fiscally responsible pro- Becerra Ewing LaHood Rivers Smith (WA) Watts (OK) posal in our fiscal year 2001 budget to Bentsen Farr Lantos Rodriguez Snyder Waxman provide it. However, I must oppose H.R. Bereuter Fattah Largent Roemer Spence Weldon (FL) Berkley Filner Larson Rogan Spratt Weldon (PA) 4810. Combined with the numerous Berman Fletcher Latham Rogers Stabenow Weller other tax bills approved by the Con- Berry Foley Leach Rohrabacher Stark Wexler gress this year and supported by the Biggert Forbes Lee Ros-Lehtinen Stearns Weygand congressional majority for next year, it Bilbray Ford Levin Rothman Stenholm Whitfield Bilirakis Fossella Lewis (CA) Roukema Strickland Wicker would drain away the projected surplus Blagojevich Fowler Lewis (GA) Roybal-Allard Stump Wolf that the American people have worked Blumenauer Frank (MA) Lewis (KY) Royce Stupak Woolsey so hard to create. Even by the Congres- Blunt Frelinghuysen Linder Rush Sununu Wu Boehlert Frost Lipinski Ryan (WI) Sweeney Wynn sional Budget Office’s more optimistic Boehner Gallegly LoBiondo Ryun (KS) Talent Young (FL) projection, this tax plan would plunge Bonilla Gejdenson Lofgren Sabo Tancredo America back into deficit and would Bonior Gekas Lowey Salmon Tanner Bono Gephardt Lucas (KY) leave nothing for lengthening the life Borski Gibbons Lucas (OK) NOT VOTING—30 of Social Security or Medicare; nothing Boswell Gilchrest Luther Ackerman Franks (NJ) Owens for voluntary and affordable Medicare Boucher Gillmor Maloney (CT) Andrews Ganske Reyes Boyd Gilman Maloney (NY) prescription drug benefits; nothing for Bishop Jones (OH) Shadegg education and school construction. Brady (PA) Gonzalez Manzullo Bliley Klink Souder Brady (TX) Goode Markey Castle Lampson Vento Moreover, the congressional majority’s Brown (FL) Goodlatte Martinez Cook LaTourette Walden tax plan would make it impossible for Brown (OH) Goodling Mascara Danner Lazio Weiner us to get America out of debt by 2012. Bryant Gordon Matsui Ehrlich McCollum Wilson Burr Goss McCarthy (MO) Emerson McIntosh Wise H.R. 4810 would cost more than $280 Burton Graham McCarthy (NY) Engel Mollohan Young (AK) billion over 10 years if its provisions Buyer Granger McCrery were permanent, making it signifi- Callahan Green (TX) McDermott b 1841 Calvert Green (WI) McGovern cantly more expensive than either of Camp Greenwood McHugh So (two-thirds having voted in favor the bills originally approved by the Campbell Gutierrez McInnis thereof) the rules were suspended and House and the Senate. It is poorly tar- Canady Gutknecht McIntyre Cannon Hall (OH) McKeon the bill was passed. geted toward delivering marriage pen- Capps Hall (TX) McKinney The result of the vote was announced alty relief—only about 40 percent of Capuano Hansen McNulty as above recorded. the cost of H.R. 4810 actually would re- Cardin Hastings (FL) Meehan A motion to reconsider was laid on Carson Hastings (WA) Meek (FL) duce marriage penalties. It also pro- Chabot Hayes Meeks (NY) the table. vides little tax relief to those families Chambliss Hayworth Menendez f that need it most, while devoting a Chenoweth-Hage Hefley Metcalf large fraction of its benefits to families Clay Herger Mica COMMUNICATION FROM THE with higher incomes. Clayton Hill (IN) Millender- CLERK OF THE HOUSE Clement Hill (MT) McDonald Taking into account H.R. 4810, the Clyburn Hilleary Miller (FL) The SPEAKER pro tempore laid be- fiscally irresponsible tax cuts passed Coble Hilliard Miller, Gary fore the House the following commu- Coburn Hinchey Miller, George by the House Ways and Means Com- Collins Hinojosa Minge nication from the Clerk of the House of mittee this year provide about as much Combest Hobson Mink Representatives: benefit to the top 1 percent of Ameri- Condit Hoeffel Moakley OFFICE OF THE CLERK, cans as to the bottom 80 percent com- Conyers Hoekstra Moore Cooksey Holden Moran (KS) HOUSE OF REPRESENTATIVES, bined. Families in the top 1 percent get Costello Holt Moran (VA) Washington, DC, August 7, 2000. an average tax break of over $16,000, Cox Hooley Morella Hon. J. DENNIS HASTERT, while a middle-class family gets only Coyne Horn Murtha Speaker, House of Representatives, $220 on average. But if interest rates Cramer Hostettler Myrick Washington, DC. Crane Houghton Nadler DEAR MR. SPEAKER: Pursuant to the per- went up because of the congressional Crowley Hoyer Napolitano mission granted in Clause 2(h) of Rule II of majority’s plan by even one-third of Cubin Hulshof Neal one percent, then mortgage payments Cummings Hunter Nethercutt the Rules of the U.S. House of Representa- Cunningham Hutchinson Ney tives, I have the honor to transmit a sealed for a family with a $100,000 mortgage Davis (FL) Hyde Northup envelope received from the White House on would go up by $270, leaving them Davis (IL) Inslee Norwood Monday, August 7, 2000 at 12:25 p.m., and said worse off than if they had no tax cut at Davis (VA) Isakson Nussle to contain a message from the President Deal Istook Oberstar all. whereby he returns without his approval, We should have tax cuts this year, DeFazio Jackson (IL) Obey H.R. 4810, the ‘‘Marriage Tax Relief Rec- DeGette Jackson-Lee Olver onciliation Act of 2000’’. but they should be the right ones, tar- Delahunt (TX) Ortiz geted to working families to help our DeLauro Jefferson Ose Sincerely yours, DeLay Jenkins Oxley JEFF TRANDAHL, economy grow—not tax breaks that DeMint John Packard Clerk of the House. will help only a few while putting our

VerDate 11-MAY-2000 04:48 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.073 pfrm02 PsN: H06PT1 H7240 CONGRESSIONAL RECORD — HOUSE September 6, 2000 prosperity at risk. I have proposed a The SPEAKER pro tempore. Is there We should cut taxes this year, but program of targeted tax cuts that will objection to the request of the gen- they should be the right tax cuts, tar- give a middle-class American family tleman from Texas? geted to working families to help our substantially more benefits than the There was no objection. economy grow—not tax breaks that Republican plan at less than half the f will help only the wealthiest few while putting our prosperity at risk. Our tax cost. Including our carefully targeted COMMUNICATION FROM THE cuts will help send our children to col- marriage penalty relief, two-thirds of CLERK OF THE HOUSE the relief will go to the middle 60 per- lege, help families with members who cent of American families. Our tax cuts The SPEAKER pro tempore laid be- need long-term care, help pay for child will also help to send our children to fore the House the following commu- care, and help fund desperately needed college, with a tax deduction or 28 per- nication from the Clerk of the House of school construction. Overall, my tax cent tax credit for up to $10,000 in col- Representatives: program will provide substantially lege tuition a year; help to care for OFFICE OF THE CLERK, more benefits to middle-income Amer- family members who need long-term HOUSE OF REPRESENTATIVES, ican families than the tax cuts passed care, through a $3,000 long-term care Washington, DC, August 31, 2000. by the congressional tax-writing com- Hon. J. DENNIS HASTERT, mittees this year, at less than half the tax credit; help to pay for child care Speaker, House of Representatives, and to ease the burden on working fam- Washington, DC. cost. ilies with three or more children; and DEAR MR. SPEAKER: Pursuant to the per- H.R. 8, in particular, suffers from help to fund desperately needed school mission granted in Clause 2(h) of Rule II of several problems. The true cost of the construction. the Rules of the U.S. House of Representa- bill is masked by the backloading of And because our plan will cost sub- tives, I have the honor to transmit a sealed the tax cut. H.R. 8 would explode in stantially less than the tax cuts passed envelope received from the White House on cost from about $100 billion from 2001– Thursday, August 31, 2000 at 4:22 p.m., and by the Congress, we’ll still have the re- 2010 to about $750 billion from 2011–2020, said to contain a message from the President just when the baby boom generation sources we need to provide a Medicare whereby he returns without his approval, prescription drug benefit; to extend the H.R. 8, the ‘‘Death Tax Elimination Act of begins to retire and Social Security life of Social Security and Medicare; 2000.’’ and Medicare come under strain. and to pay off the debt by 2012—so that Sincerely yours, Repeal would also be unwise because we can keep interest rates low, keep JEFF TRANDAHL, estate and gift taxes play an important our economy growing, and provide Clerk of the House. role in the overall fairness and progres- lower home mortgage, car, and college f sivity of our tax system. These taxes ensure that the portion of income that loan payments for the American peo- DEATH TAX ELIMINATION ACT OF is not taxed during life (such as unreal- ple. 2000—VETO MESSAGE FROM THE ized capital gains) is taxed at death. This surplus comes from the hard PRESIDENT OF THE UNITED Estate tax repeal would benefit only work and ingenuity of the American STATES (H. DOC. NO. 106–292) people. We owe it to them to make the about 2 percent of decedents, providing The SPEAKER pro tempore laid be- best use of it—for all of them, and for an average tax cut of $800,000 to only fore the House the following veto mes- our children’s future. 54,000 families in 2010. More than half sage from the President of the United Since the adjournment of the Con- of the benefits of repeal would go to States: gress has prevented my return of H.R. one-tenth of one percent of families, 4810 within the meaning of Article I, To the House of Representatives: just 3,000 families annually, with an av- section 7, clause 2 of the Constitution, I am returning herewith without my erage tax cut of $7 million. Further- my withholding of approval from the approval H.R. 8, legislation to phase more, research suggests that repeal of bill precludes its becoming law. The out Federal estate, gift, and genera- the estate and gift taxes is likely to re- Pocket Veto Case, 279 U.S. 655 (1929). In tion-skipping transfer taxes over a 10- duce charitable giving by as much as $6 addition to withholding my signature year period. While I support and would billion per year. and thereby invoking my constitu- sign targeted and fiscally responsible In 1997, I signed legislation that re- tional power to ‘‘pocket veto’’ bills legislation that provides estate tax reduced the estate tax for small busi- during an adjournment of the Congress, lief for small businesses, family farms, nesses and family farms, but I believe to avoid litigation, I am also sending and principal residences along the lines that the estate tax is still burdensome H.R. 4810 to the House of Representa- proposed by House and Senate Demo- to some family farms and small busi- tives with my objections, to leave no crats, this bill is fiscally irresponsible nesses. However, only a tiny fraction of possible doubt that I have vetoed the and provides a very expensive tax the tax relief provided under H.R. 8 measure. break for the best-off Americans while benefits these important sectors of our WILLIAM J. CLINTON. doing nothing for the vast majority of economy, and much of that relief THE WHITE HOUSE, August 5, 2000. working families. Starting in 2010, H.R. would not be realized for a decade. In 8 would drain more than $50 billion an- contrast, House and Senate Democrats b 1845 nually to benefit only tens of thou- have proposed alternatives that would The SPEAKER pro tempore (Mr. sands of families, taking resources that provide significant, immediate tax re- KUYKENDALL). Consistent with the ac- could have been used to strengthen So- lief to family-owned businesses and tion of Speaker Foley on January 23, cial Security and Medicare for tens of farms in a manner that is much more 1990, when in response to a parliamen- millions of families. fiscally responsible than outright retary inquiry the House treated the This repeal of the estate tax is the peal. For example, the Senate Demo- President’s return of an enrolled bill latest part in a tax plan that would cratic alternative would take about with a purported pocket veto of H.R. cost over $2 trillion, spending projected two-thirds of families off the estate tax 2712 of the 101st Congress as a ‘‘return surpluses that may never materialize entirely, and could eliminate estate veto’’ within the meaning of Article 1, and returning America to deficits. This taxes for almost all small businesses Section 7, clause 2 of the Constitution, would reverse the fiscal discipline that and family farms. In contrast to H.R. the Chair, without objection, orders has helped make the American econ- 8—which waits until 2010 to repeal the the objections of the President to be omy the strongest it has been in gen- estate tax—most of the relief in the spread at large upon the Journal and erations and would leave no resources Democratic alternatives is offered im- orders the message to be printed as a to strengthen Social Security or Medi- mediately. House document. care, provide a voluntary Medicare pre- By providing more targeted and less Mr. ARCHER. Mr. Speaker, I ask scription drug benefit, invest in key costly relief, we preserve the resources unanimous consent that the veto mes- priorities like education, or pay off the necessary to provide a Medicare pre- sage of the President, together with debt held by the public by 2012. This scription drug benefit, extend the life the accompanying bill, H.R. 4810, be re- tax plan would threaten our continued of Social Security and Medicare, and ferred to the Committee on Ways and economic expansion by raising interest pay down the debt by 2012. Maintaining Means. rates and choking off investment. fiscal discipline also would continue to

VerDate 11-MAY-2000 04:48 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.057 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7241 provide the best kind of tax relief to all b 1900 sought a seat on the Washington Coun- Americans, not just the wealthiest few, GENERAL LEAVE ty Commission. She recognized the im- by reducing interest rates on home portance of health care in rural com- mortgages, student loans, and other es- Mr. PAUL. Mr. Speaker, I ask unani- munities, and she developed the first sential investments. mous consent that all Members may rural health initiative project in Kan- This surplus comes from the hard have 5 legislative days within which to sas. work and ingenuity of the American revise and extend their remarks on the She chaired Ronald Reagan’s cam- people. We owe it to them—and to their subject of the special order today of paign for President in our State and children—to make the best use of it. the gentleman from North Carolina served the Reagan administration in This bill, in combination with the tax (Mr. COBLE). the Department of Health and Human bills already passed and planned for The SPEAKER pro tempore (Mr. Services regional office in Kansas City. next year, would squander the sur- TANCREDO). Is there objection to the re- She worked hard every time to see that plus—without providing the immediate quest of the gentleman from Texas? her fellow Kansan, Bob Dole, would be estate tax relief that family farms, There was no objection. elected President. small businesses, and other estates f In 1992, she decided she could even do more for others and was elected to could receive under the fiscally respon- SPECIAL ORDERS sible alternatives rejected by the Con- State senator for the 21st district. She gress. For that reason, I must veto this The SPEAKER pro tempore. Under was reelected in 1996 and was cam- bill. the Speaker’s announced policy of Jan- paigning for reelection at the time of Since the adjournment of the Con- uary 6, 1999, and under a previous order her death. During her time in the Kan- gress has prevented my return of H.R. of the House, the following Members sas senate, she worked hard on health 8 within the meaning of Article I, sec- will be recognized for 5 minutes each. care issues and fought for local control. tion 7, clause 2 of the Constitution, my f She believed that government should withholding of approval from the bill be local and limited. She chaired the IN MEMORY OF KANSAS SENATOR elections on local government com- precludes its becoming law. The Pock- JANICE HARDENBURGER et Veto Case, 279 U.S. 655 (1929). In ad- mittee. Janice was ill during the last session dition to withholding my signature and The SPEAKER pro tempore. Under a of the legislature. She could not eat, thereby invoking my constitutional previous order of the House, the gen- and she had pain. But despite huge im- power to ‘‘pocket veto’’ bills during an tleman from Kansas (Mr. MORAN) is pediments, she worked all session long adjournment of the Congress, to avoid recognized for 5 minutes. to fashion an ethics law worthy of pas- litigation, I am also sending H.R. 8 to Mr. MORAN of Kansas. Mr. Speaker, sage. As State Senator Dave Kerr indi- the House of Representatives with my something sad happened back home in cated at her memorial service, that objections, to leave no possible doubt Kansas last week. Cancer took the life of one more of our State’s citizens. Our legislation now stands as a lasting trib- that I have vetoed the measure. ute to one highly ethical lady who gave I continue to welcome the oppor- State has many treasures: beautiful sunsets, rolling prairie hills, city fac- her waning strength to bring higher tunity to work with the Congress on a standards of ethics in all elective poli- bipartisan basis on tax legislation that tories, waves of wheat, meadowlarks, cottonwood trees, and grazing cattle. tics in Kansas. Senator Hardenburger is targeted, fiscally responsible, and never became silent about things that geared towards continuing the eco- But what matters to us Kansans most, what makes our place the State we mattered. nomic strength we all have worked so For those of us who are privileged to hard to achieve. choose to call home is our people, Kan- sans. work in public service, where the toll WILLIAM J. CLINTON. The death of one Kansan takes some- for entry can be excruciatingly high THE WHITE HOUSE, August 31, 2000. and the price of staying even higher, The SPEAKER pro tempore. Con- thing away from every Kansan. With the death of Janice Hardenburger, the we do not always expect to find true sistent with the action of Speaker friendship, true loyalty, and a true de- Foley on January 23, 1990, when in re- loss is evident. Janice is the epitome of who we are and what we would like to votion for making things better. We sponse to a parliamentary inquiry the had that in State Senator Janice House treated the President’s return of be, one who knew reality of how things are, yet one who could envision how Hardenburger. an enrolled bill with a purported pock- Our State and its people are better things ought to be. et veto of H.R. 2712 of the 101st Con- off because of one life, a life that will A fighter for her beliefs, strong gress as a ‘‘return veto’’ within the be greatly missed. I offer my condo- willed and plain spoken, devoted to her meaning of Article 1, Section 7, clause lences to Janice’s family, but we also family as a wife and mother and grand- 2 of the Constitution, the Chair, with- praise God for a life well lived and the mother, she was generous with her out objection, orders the objections of legacy she leaves behind. time, a farmer, a rancher, a listener the President to be spread at large f upon the Journal and orders the mes- and a doer, a supporter of others and, sage to be printed as a House docu- for the last 8 years, a State senator, a LORI BERENSON TO GET NEW ment. public servant. CIVILIAN TRIAL IN PERU Mr. ARCHER. Mr. Speaker, I ask For more than 25 years, Janice has The SPEAKER pro tempore. Under a unanimous consent that further con- been my friend. For 4 years she was my previous order of the House, the gentle- sideration of the veto message on the colleague in the State senate. Born in woman from New York (Mrs. MALONEY) bill, H.R. 8, be postponed until Sep- the small north central Kansas town of is recognized for 5 minutes. tember 7. Haddam, Janice had a lifelong love for Mrs. MALONEY of New York. Mr. The SPEAKER pro tempore. Is there education and politics. She graduated Speaker, after nearly 5 years in Peru- objection to the request of the gen- valedictorian from Haddam Rural High vian prisons, my constituent, Lori tleman from Texas? School before attending Kansas State Berenson, could finally be coming There was no objection. University and graduating with a de- home. f gree in home economics and education. Last week, the military tribunal that She married her husband in 1952, and gave Lori a life sentence announced REMOVAL OF NAME OF MEMBER due to his career in the Air Force, she that her conviction is being overturned AS COSPONSOR OF H.R. 3703 and her family moved often. During and her case is being transferred to a Mr. METCALF. Mr. Speaker, I ask these years, she kept busy as a volun- civilian court. unanimous consent to remove my teer and raising two sons, Joseph and Lori was convicted by a hooded mili- name as cosponsor of H.R. 3703. Thomas. tary tribunal in a trial that lacked any The SPEAKER pro tempore. Is there With Bill’s retirement from the mili- semblance of due process. She never objection to the request of the gen- tary in 1971, the Hardenburgers moved had a chance to present her side, to tleman from Washington? back home to Kansas. Janice got in- call witnesses and present evidence in There was no objection. volved in her community, and she her defense.

VerDate 11-MAY-2000 03:42 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.059 pfrm02 PsN: H06PT1 H7242 CONGRESSIONAL RECORD — HOUSE September 6, 2000 For nearly 5 years, I have been ask- overturned, but they worry that polit- of compassion and for her health, I hope Lori ing my colleagues to join me in pro- ical pressures will ensure that she will will soon be allowed to come home. testing her conviction. I have cir- receive a long sentence in a civilian Sincerely, culated three letters to the President trial. CAROLYN B. MALONEY, Member of Congress. over the years, and each letter has In Peru, it is a crime to express sym- f been signed by more and more Mem- pathy for the MRTA, the crime is apo- bers of Congress in support of Lori. In logia. In the United States, it would be MINDING OUR OWN BUSINESS RE- August, 221 Members of Congress, in a protected as free speech. There it can GARDING COLOMBIA IS IN THE bipartisan way, signed a letter calling carry a long prison sentence. BEST INTEREST OF AMERICA for Lori’s release. I hope that Peru can be persuaded to The SPEAKER pro tempore. Under a I will be circulating a new letter ask- act with mercy. There is nothing to be previous order of the House, the gen- ing for mercy for Lori, asking for Peru gained by keeping Lori in prison any tleman from Texas (Mr. PAUL) is recog- to act with compassion and send Lori longer. Peru has already admitted that nized for 5 minutes. home on humanitarian grounds. Lori was not the terrorist leader she Mr. PAUL. Mr. Speaker, those of us Since her conviction, Lori’s health was originally convicted of being. who warned of the shortcomings of ex- has deteriorated. She was originally panding our military presence in Co- I wrote to President Fujimori yester- sent to Yanomayo Prison, located high lombia were ignored when funds were day to let him know how pleased I am in the Andes, over 12,000 feet above sea appropriated for this purpose earlier that Lori will have a civilian trial. level. The altitude destroyed her this year. We argued at that time that President Fujimori has taken a brave health. People like Lori who have not clearly no national security interests step that has subjected him to enor- grown up in the Andes cannot accli- were involved; that the Civil War was mous criticism at home. I am pleased mate to the high altitude of more than 30 years old, complex with that he recognized that the evidence Yanomayo. three factions fighting, and no assur- showed that Lori did not belong in I visited with Lori in October of 1997. ance as to who the good guys were; Peru’s military courts. When I saw her, her fingers were swol- that the drug war was a subterfuge, len and she had circulatory problems Now it is time for Peru to take the only an excuse, not a reason, to need- as a result of the high altitude. Very next step and release Lori. Lori will lessly expand our involvement in Co- little natural light comes into the pris- not be getting off lightly if she is re- lombia; and that special interests were on, and prisoners are allowed only 1 leased now. She has spent nearly 5 really driving our policy: Colombia Oil hour a day to exercise outside. As a re- years in prison in conditions that have Reserves owned by American interests, sult, Lori’s eye sight was failing. seriously undermined her health. I American weapons manufacturers, and Yanomayo was not heated, and the hope that whatever the outcome of her American corporations anxious to temperature rarely rises above 40 de- trial, Lori’s ordeal will soon be over. build infrastructure in Colombia. grees. The cold gave Lori perpetual lar- For humanitarian reasons, for the sake Already our foolish expanded pres- yngitis. of compassion, and for her health, I sure in Colombia has had a perverse ef- Eventually, the Peruvian officials re- hope Lori will be allowed to come fect. The stated purpose of promoting sponded to pleas to move Lori. But in home. peace and stability has been under- some ways, she faced an even harder Mr. Speaker, I include my letter to mined. Violence has worsened as fac- challenge to her health. The new prison President Fujimori for the RECORD as tions are now fighting more fiercely was more than 5,000 feet above sea follows: than ever before for territory as they level, better than the former prison, HOUSE OF REPRESENTATIVES, anticipate the full force of U.S. weap- but still hard for a New Yorker. The al- Washington, DC, September 5, 2000. ons arriving. titude, while less dangerous to her President ALBERTO FUJIMORI, The already weak peace process has health, continued to affect her cir- Palacio de Gobierno, Plaza de Armass S/N, Lima been essentially abandoned. Hatred to- culatory system. 1 Peru. ward Americans by many Colombians The toughest part was that she was DEAR PRESIDENT FUJIMORI: I am pleased to has grown. The Presidents of 12 South forced to spend months completely learn that Lori Berenson’s conviction has American countries rejected outright alone. For more than 100 days, Lori was been overturned by Peru’s military tribunal. the American-backed military oper- kept in solitary confinement. The iso- As you know from our conversation when we ation amendment aimed at the revolu- met in April 1998, Lori Berenson is a con- lation had an extremely negative effect tionary groups in Colombia. on her psychological well-being. stituent of mine and I am deeply concerned about her. I appreciated your willingness and This foolhardy effort to settle the Co- Despite the difficult circumstances, that of members of your government to dis- lombian civil war has clearly turned Lori has always been quiet, polite, and cuss her case with me during those visits. out to be a diplomatic failure. The best well behaved, a model prisoner. I am The tribunal’s decision is a tremendous evidence of a seriously flawed policy is hopeful that Peru will take these cir- step forward for human rights in Peru. I ap- the departure of capital. Watching cumstances into account and act with plaud the members of the tribunal for look- money flows gives us a market assess- mercy and compassion. ing at new evidence in this case and con- ment of policy; and by all indication, I returned to Peru in April of 1998 cluding that the new evidence did not sup- our policy spells trouble. and, together with the gentleman from port the original verdict. There is evidence of a recent large- New York (Mr. GILMAN), met with In October 1997, I visited Lori in prison and scale exodus of wealthy Colombians to President Fujimori. He was very open I found her spirits to be good despite her de- Miami. Tens of thousands of Colom- during our meeting and agreed to take teriorating health. Like many people who bians are leaving for the U.S., Canada, are unaccustomed to high altitudes, Lori another look at Lori’s case if new evi- Costa Rica, Spain, Australia. These are dence was presented. Apparently, Peru could not acclimate to living at Yanomayo prison. The high altitude played havoc with the middle-class and upper-class citi- has uncovered new evidence, and Lori her health. When I saw her, her fingers were zens, taking their money with them. is getting a new trial in a civilian swollen, her eyesight was failing, and she Our enhanced presence in Colombia has court. was having circulatory problems and per- accelerated this exodus. Since Lori was arrested, her parents, petual laryngitis. After she was moved to a Our policy, unless quickly and thor- Mark and Rhoda Berenson, have prison at a lower altitude, she spent more oughly reversed, will surely force an worked every day tirelessly for her re- than 100 days in solitary confinement. De- escalation of the civil war and a dan- lease. They know Lori as a young spite the severe privation, she has always gerous increase in our involvement idealist who traveled to Peru as a jour- been quiet, polite and well-behaved—a model prisoner. with both dollars and troops. All this nalist. University professors who live will further heighten the need for drug in my district, the Berensons have I am grateful that she will have a civilian trial. However, after nearly five years in sales to finance all factions of the civil given up their careers to devote them- prison, Lori has already undergone severe war. So much for stopping the drug selves to trying to free their daughter punishment and I hope, whatever the out- war. and bring her home. They welcome the come of her trial, her ordeal will soon be Our policy is doomed to fail. There is news that Lori’s conviction has been over. For humanitarian reasons, for the sake no national security interest involved;

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.080 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7243 therefore, no goals can be set and no We now see that Hispanic Heritage REPORT ON RESOLUTION PRO- victory achievable. A foreign policy of Month is not just about celebration, VIDING FOR CONSIDERATION OF non-intervention designed only to pro- but it is about uniting our community H.R. 4115, UNITED STATES HOLO- tect our sovereignty with an eagerness to better educate our children and to CAUST MEMORIAL MUSEUM to trade with all nations willing to be educate ourselves about what it means Mr. REYNOLDS, from the Com- friends is the traditional American for- to be a Hispanic. It means being proud mittee on Rules, submitted a privi- eign policy and would give us the guar- of who we are. It does not matter if we leged report (Rept. No. 106–822) on the anteed hope of peace, the greatest hope are Mexican, Puerto Rican, Cuban, resolution (H. Res. 570) providing for of peace and prosperity. Spanish, or Central American. This is a consideration of the bill (H.R. 4115) to Let us think seriously about our for- time we all continue to celebrate our authorize appropriations for the United eign policy, and hopefully someday we cultures as a whole. States Holocaust Memorial Museum, will pursue a policy in the best interest And what a culture we have. The and for other purposes, which was re- of America by minding our own busi- number of Hispanic-owned businesses ness. ferred to the House Calendar and or- in the United States increased by 76 dered to be printed. f percent between 1986 and 1992 and con- f HISPANIC HERITAGE MONTH tinues to grow daily. Across America The SPEAKER pro tempore. Under a we find more and more Hispanic busi- TRIBUTE TO FIREFIGHTERS previous order of the House, the gen- nesses growing and more and more His- The SPEAKER pro tempore (Mr. tleman from California (Mr. BACA) is panic business owners, business owners TANCREDO). Under a previous order of recognized for 5 minutes. like Richard Romero out of my district the House, the gentleman from Idaho Mr. BACA. Mr. Speaker, today I rise who owned quite a few car dealerships, (Mr. SIMPSON) is recognized for 5 min- to bring about the awareness of His- who just recently passed away. utes. panic Heritage Month, which begins We have more representatives in gov- Mr. SIMPSON. Mr. Speaker, I rise September 15 and continues through ernment now than we have ever had in today to thank the men and women October 5. the history of this country and of our who have been selflessly fighting fires Today, according to the U.S. Census people. Each year, from now until the throughout the western United States Bureau, more than 29 million people of year 2050, the Hispanic population is this summer. Unfortunately, I have the the United States are of Hispanic ori- projected to add more to people in the distinction of representing the district gin. This is about 10 percent of the United States than any other race or that has, what I am told, the largest country. Close to half of those reside in ethnic group, and we are soon to be- fire and the most acres burned in the California. More than 600,000 reside in come the largest minority in the coun- United States. The Clear Creek fire my district of San Bernardino County. try. But even with the success, we still alone covers an area of over 200,000 Why, just the other day, the Los An- have problems. We lack full health care acres, outside of Salmon, Idaho, an geles Times was discussing the fact benefits for all people. There are still area one-third the size of the State of that, in California, Hispanics are no problems with immigrant laws that Rhode Island. It is but one of many longer the minority. That is why this were written in haste and do not pro- that have been burning throughout coming month is a time for all Latinos tect the people they were originally Idaho and the western United States. to be able to recognize the great ac- written for. High school dropout rates I was fortunate that I was able to complishments by the people here in and teen pregnancy numbers are too spend 2 days on the fire lines and in the the States as well as around the world. high. We must address these issues if camps with the men and women who We recognize the great achievements we plan to build a better culture and a have been heroically fighting these of people like Cesar Chavez who led the better country for all people of Amer- catastrophic fire. I saw firefighters on fight for the protection of farm work- ica. the line in the smoke and ash. I met ers’ health and health rights; Bishop with support crews in the camps who Barnes, who represents San Bernardino And speaking of education, we have cook, provide firefighting supplies and Riverside Catholic Diocese; Miguel de to address the issues of bilingual edu- equipment, make maps all night long Cervantes Saavedra, who wrote about cation and the digital divide. And that in preparation for morning briefings, the great Don Quixote; and people like does not just apply to Spanish chil- and the men who run the showers so Andres Segovia, Tito Peuntes, and dren, it applies to all children. We have that the firefighters can have a basic Julio Iglesias, who were and still are to begin by providing our youth with semblance of normalcy, a hot shower some of the best Spanish musicians in the tools necessary to succeed. We can after 16 hours on the fire line. That is the world. begin to provide these tools right here what it comes down to for front-line The teachings and contributions of in Congress. firefighters, food, a hot shower, and, if Hispanics like these, and learning By understanding each other’s cul- they are lucky, a little sleep. about the cultures from which they ture we can understand what is needed Many of the firefighters and support come, are how we are able to continue for everyone and we learn to respect personnel are wives and husbands who our tradition through our youth. one another. And respect is what we all In many of our classrooms around have left their families in other areas ask for. That is why it is so important of the country for weeks at a time. I the country, teachers will hold activi- for this Congress to recognize this ties and discussions that will focus on met one woman from Missouri who month and to take time to learn about worked at a Forest Service district of- what our ancestors have accomplished. a great culture with a great future, That is why they will learn the great fice there. She was running the com- that is each other’s culture and the missary. It is the people on the front accomplishment of the Spanish explor- Hispanic culture this month. ers as well as those who first settled in lines and behind the scenes working to- States like California and Texas. Before I go on, I also want to recog- gether that help to contain these wild nize September 16, Mexico Independ- fires, with some help from Mother Na- b 1915 ence Day. I want to recognize the hard- ture. Without their dedication, perse- This is why cities like Los Angeles, ship that the people have had to face in verance, and individual sacrifices, San Bernardino, San Antonio, amongst order to achieve their independence. many more lives, structures, and wild- many other cities, have Hispanic Like this country, they too believe in life habitat would have been lost. Their names. Such teachings and discussions the freedom of choice and independence commitment and dedication is unsur- will not only educate our children, but from tyrannical government. Only passed, and they are the best in the also provide them with the proper role through a better understanding can we world. models needed to succeed. It also lets achieve our goals, a united country Spending a couple of days in the fire them know that they too can accom- working for the betterment of our- camps and on the lines, I picked up a plish higher dreams; Hispanics in posi- selves, and not only where we come few things from the people who are at tions, in leadership positions through- from but where we are going. Together, the ground level. One is obvious, and out the United States. united, our country will be a lot better. we have been discussing it for years.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.081 pfrm02 PsN: H06PT1 H7244 CONGRESSIONAL RECORD — HOUSE September 6, 2000 We have to manage our forests. They ess of restoring and rehabilitating our Communication Omnibus Reform Act are in an unhealthy state, with the Nation’s forests. of 1999. This statute, known as Forest Service’s own estimate placing Finally, Mr. Speaker, I want to IPCORA, included a provision that 40 million acres at high fire risk. I saw thank George Matejko, forest super- added sound recordings to the list of the high fuel loads; lodgepole pines so visor for the Salmon-Challis National works eligible for work made for hire thick it looked like toothpicks had Forest, who allowed my chief of staff status. been dropped from the sky, and the and I to get a first-hand look at the Following the passage of the amend- high levels of brush on the ground. fires. I also want to thank Tom Hutch- ment last year, recording artists ar- We need to find a way to restore inson, fire management officer for the gued that the change was not a clari- many of our forests to a more healthy, Valvermo Ranger District of the Ange- fication of the law and that it had sub- natural state that includes managing les National Forest. Tom served as the stantively affected their termination prescribed burns and thinning. We may incident commander for the California rights. When apprised of these argu- not agree on every aspect of getting to Incident Management Team 4 that was ments, I agreed to hold a hearing on that natural state, but we can find managing the fire. He and Virginia the issue of sound recordings as works common areas that we can agree on; Gibbons, public affairs specialist for made for hire. The subcommittee sub- that fuels reduction is better than fuels the Deschutes National Forest, gave us sequently held a hearing on May 25, feeding these catastrophic fires in our a close look at how fire operations 2000, after which the gentleman from forest. The old adage that an ounce of work. California (Mr. BERMAN) and I encour- prevention is worth a pound of cure is Finally, I want to thank all of those aged both sides to seek a mutually sat- very appropriate. who have given their time and efforts isfactory resolution through private A well-funded fuels reduction pro- to protect Idaho and the West from negotiations. Representatives of the gram will pay significant dividends in these catastrophic fires. The people of artists and the recording industry ne- reducing the firefighting and restora- Idaho and I thank you. gotiated diligently and in good faith, tion costs over time. Think how far the f and during the August work period $1 billion we are spending on fighting they presented us with a compromise The SPEAKER pro tempore. Under a these fires this summer would have solution. previous order of the House, the gentle- gone towards fuels reduction. We also H.R. 5107, Mr. Speaker, implements woman from Hawaii (Mrs. MINK) is rec- have to come up with an approach to that solution. It is a repeal of the ognized for 5 minutes. rehabilitate and restore these fire- amendment without prejudice. In other (Mrs. MINK of Hawaii addressed the stricken lands that works for all of words, it restores both parties to the House. Her remarks will appear here- those who are interested in the care of same position they were in prior to the after in the Extensions of Remarks.) our Nation’s forests. enactment of the amendment in No- As I was meeting with the staff and f vember 1999. The bill states that in de- operations managers in the fire camp, I WORK MADE FOR HIRE AND COPY- termining whether any work is eligible also noticed something was missing. It RIGHT CORRECTIONS ACT OF 2000 to consider a work made for hire, nei- took me a while to figure it out, but I ther the amendment in IPCORA nor finally realized that there was a lack of The SPEAKER pro tempore. Under a the deletion of the amendment through younger personnel who would be taking previous order of the House, the gen- this bill shall be considered or other- the place of the fire managers as they tleman from North Carolina (Mr. wise given any legal significance or retire in the years to come. Recent hir- COBLE) is recognized for 5 minutes. shall be interpreted to indicate con- ing freezes and reductions in personnel Mr. COBLE. Mr. Speaker, today I am gressional approval or disapproval of have left a gap in the level of experi- introducing, along with the gentleman any judicial determination by the ence that we have coming up to fight from California (Mr. BERMAN), the courts or the Copyright Office. future fires. Men and women who have ranking member of the Subcommittee Given the complex nature of copy- been working for 20 to 30 years fighting on Courts and Intellectual Property of right law, this compromise was not fires have institutional knowledge the Committee on the Judiciary, H.R. easily reached, but I believe it is a good about the dynamics and management 5107, the Work Made for Hire and Copy- solution and I want to thank everyone of firefighting in these warlike condi- right Corrections Act of 2000. This bill who worked so diligently to resolve tions. Ensuring that the agencies have addresses the controversy over the re- this controversy. I want to give special adequate funding for personnel in these cent amendment to the Copyright Act thanks as well to the gentleman from crucial positions is critical to the secu- that added sound recordings to the list California (Mr. BERMAN), ranking mem- rity of our forests. of works eligible to be works made for ber on our subcommittee, and the We also need to address the current hire. It resolves the controversy and is ranking member of the full committee, pay system that acts as a disincentive supported by all parties involved. It the gentleman from Michigan (Mr. for experienced fire personnel to work also includes other noncontroversial CONYERS), for their participation and on the lines, although I was pleased to corrections to the Copyright Act. cooperation. hear there has been a temporary cor- First, some background about sound I also want to recognize Mr. Cary rection to this policy. recording as works made for hire is Sherman of the RIAA, the recording in- Mr. Speaker, these are but a few of necessary. A work made for hire is, dustry, and Mr. Jay Cooper, who rep- the things I discovered while spending one, a work prepared by an employee resents the recording artists, for their time on the Clear Creek fire. Healthy within the scope of his or her employ- efforts to find a solution. forests and fuel management is an ment; or, two, a work especially or- H.R. 5107 also includes other non- issue Congress has to spend more time dered or commissioned for use as a con- controversial corrections to the Copy- discussing and finding answers to. My tribution to a collective work if the right Act. These amendments remove fellow colleagues, the gentlewoman parties expressly agree in a written in- expired sections and clarify miscella- from Idaho (Mrs. CHENOWETH-HAGE) strument signed by them that the work neous provisions governing fees and and the gentleman from Virginia (Mr. shall be considered a work made for recordkeeping procedures. These are GOODLATTE), have each been seeking hire. necessary amendments which will im- more proactive ways to manage our The Copyright Act provides authors a prove the operation of the Copyright Nation’s forests. I have asked that right to terminate a grant of right 35 Office and clarify U.S. copyright law. their respective forest committees hold years after the grant. The termination Mr. Speaker, it was my belief this a joint hearing to explore future ave- right, however, does not apply to works amendment merely codified existing nues for forest management, including made for hire. Since 1972, sound record- practice and that remains my belief, fuels reduction and treatment, in order ings have been registered by the Copy- and there is ample authority that sup- to decrease the likelihood of a future right Office as works made for hire, ports my contention. In fairness to the catastrophic fire. I am hopeful this even though they were not statutorily artist community, there is also ample hearing will generate the necessary recognized as such prior to the enact- and convincing authority that supports dialogue so that we can start the proc- ment of the Intellectual Property and the artists’ contention regarding this

VerDate 11-MAY-2000 04:49 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.083 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7245 issue. I believe we have reached a fair ble to be works made for hire, Section Internal Revenue Code of 1954, which specifi- compromise with which all parties can 1000(a)(9) effectively resolved this debate, cally allowed this accounting practice, but one live. and impaired the ability of authors of sound year later repealed Section 452. In interpreting In conclusion, Mr. Speaker, I think recordings to argue that particular sound re- this repeal, Justice Scalia wrote for the major- H.R. 5107 is a good, noncontroversial cordings and sound recordings in general can- ity: ``the fact is that [Section] 452 for the first bill. I urge my colleagues to support not be works made for hire. Since it evis- time specifically declared petitioner's system H.R. 5107 when it is considered on the cerates the legal arguments of those on one of accounting to be acceptable for income tax floor, hopefully imminently, maybe side of this debate, Section 100(a)(9) may purposes, and overruled the long-standing po- even within the next couple weeks. constitute a substantive change in certain situ- sition of the Commissioner and courts to the Mr. BERMAN. Mr. Speaker, today, Rep- ations and to the extent that courts might oth- contrary. And the repeal of the section the fol- resentative HOWARD COBLE and I have intro- erwise have upheld those arguments. lowing year . . . was just as clearly a man- duced H.R. 5107, the Work Made for Hire and This leads to the question of why it is nec- date from the Congress that petitioner's sys- Copyright Corrections Act of 2000. Because of essary to undo Section 1000(a)(9) by remov- tem was not acceptable for tax purposes.'' the very important nature of this bill, I believe ing the words `às a sound recording'' from The present set of circumstances are quite it merits an extensive explanation. Section 1010 of the Copyright Act. The similar. For years, record companies have Section 2(a)(1) of this bill would remove the change embodied by Section 2000(a)(9) pre- treated sound recordings as works made for words `às a sound recording'' from paragraph cludes authors of sound recordings from argu- hire, and have entered into contracts to this (2) of the definition of ``works made for hire'' ing that their sound recordings are not eligible effect, whether enforceable or not, with record- in Section 101 of the Copyright ActÐwords to be considered works made for hire, and ing artists. Though previous law did not spe- that this Congress added less than a year ago thus effectively prevents those authors from cifically list sound records as a category of through Section 1000(a)(9) of Public Law attempting to exercise termination rights under works made for hire, record companies re- Number 106±113. When Congress enacted Section 203 of Title 17. Because Section garded sound recordings as fitting with the Section 1000(a)(9) last year, we believed it 1000(a)(9) has the potential to have such a nine, existing categories of works made for was a non-controversial, technical change that negative effect on the legal arguments and hire. Section 1000(a)(9) represented the first merely clarified current law. However, since rights of authors of sound recordings, Con- specific, statutory declaration by Congress that that time, we have been contacted by many gress should have undertaken more extensive sound recordings are a category of works organizations, legal scholars, and recording deliberations before making this change. While made for hire. artists who take strong issue with Section Section 1000(a)(9) was published in the Con- As a result of the close parallel between the 1000(a)(9), asserting that it constitutes a sig- gressional Record more than a week prior to current situation and the facts in American Automobile Association, it appears possible nificant, substantive change in law. We have its final passage, and while the Members on that courts would interpret a simple repeal of discovered that there exists a serious debate the Conference Committee were fully aware of Section 1000(a)(9) in the same way the Su- about whether sound recordings always, usu- its existence, there were no congressional preme Court interpreted the simple repeal of ally, sometimes, or never fall within the nine, hearings or committee mark-ups in which Sec- pre-existing categories of works eligible to be Section 452 in that caseÐnamely as a sign tion 1000(a)(9) was considered or discussed. that Congress does not consider sound re- considered ``works made for hire,'' and thus It is my opinion that we should immediately cordings to be eligible for works made for hire there exists a serious debate about the sub- undo Section 1000(a)(9) so as to prevent any stantive or technical nature of Section status. prejudice to the legal arguments of authors of The probability of the courts interpreting a 1000(a)(9). sound recordings. Then a future Congress, simple repeal in this manner is increased by In testimony before the House Judiciary after more extensive deliberation and careful the existence of two U.S. District Court opin- Subcommittee on Courts and Intellectual prop- consideration, could decide whether this legal ions that some may argue are on point. Under erty on May 25, 2000, esteemed legal schol- debate should be resolved through legislation. a well-known canon of statutory construction, ars took broadly divergent views. Professor However, we are sensitive that, in undoing courts assume that Congress is aware of ex- Paul Goldstein of Stanford University Law the amendment made by Section 1000(a)(9), isting judicial decisions when it enacts legisla- School stated that ``the contribution of an indi- we must be careful not to adversely affect or tion and, unless Congress indicates otherwise vidual sound recording as one of several se- prejudice the rights of other interested parties. and to the extent reasonable, courts interpret lections on a CD or other album will typically Specifically, we do not want the removal of the such legislation to be consistent with those de- constitute a `contribution to a collective work,' '' words `às a sound recording'' from the defini- cisions. Prior to the enactment of Section while Professor Marci Hamilton of Cardozo tion of works-made-for-hire in Section 101 of 1000(a)(9), U.S. District Courts in Staggers v. School of Law maintained that, in a vast ma- the Copyright Act to be interpreted to preclude Real Authentic Sound and Ballas v. Tedesco jority of instances, sound recordings would fail or prejudice the argument that sound record- stated, in dicta, that sound recordings were to qualify as ``contributions to collective works'' ings are eligible to be works made for hire not eligible to be considered works made for or as ``compilations.'' Marybeth Peters, the within the nine, pre-existing categories. In es- hire because they were not specifically in- Register for Copyrights in the United States sence, we want the removal of the words `às cluded as a category of works eligible to be Copyright Office, testified that, depending on a sound recording'' from Section 101 of the works made for hire under Section 101 of the the particular facts surrounding its creation, a Copyright Act to return the law to the status Copyright Act. Though the eligibility of sound sound recording might, or might not, constitute quo ante, so that all affected parties have the recordings for inclusion within the nine cat- a contribution to a collective work. In a letter same rights and legal arguments they had egories of works made for hire was not briefed received by Congressman Coble and me prior prior to enactment of Section 1000(a)(9). or argued by the parties in either case, and to that May 25, 2000 hearing, twenty-five high- It is for those reasons that we were con- though the courts did not provide a detailed ly respected professors of Law stated ``there vinced of the need to include Section 2(a)(2) rationale for their comments in dicta, future may be particular situations in which a musical within this statute. Section 2(a)(2) intends to courts might interpret a simple repeal bill to in- artist would be considered as having con- ensure that the removal of the words `às a dicate Congressional acquiescence to these tracted to provide a `contribution to a collective sound recording'' will have no legal effect decisions. work,' '' but asserted that, prior to the addition other than returning the law to the exact state These considerations indicate that a simple of the words, `às a sound recording'' to Sec- existing prior to enactment of Section repeal bill would negatively prejudice the argu- tion 101 of the copyright Act, sound recordings 1000(a)(9). ment, available prior to enactment of Section would most often fail to qualify under the nine Our legal research shows that a simple re- 100(a)(9), that a particular sound recording pre-existing categories of works eligible to be peal of a previous amendment may not be in- was eligible to be considered a work made for ``made for hire.'' terpreted by the courts as simply returning the hire because it fit within one of the nine, pre- As I stated, the testimony and correspond- law to its previous state, but may be seen as existing categories. Because of the potential ence of these intellectual property law experts actually altering that state. For instance, in prejudice to this argument, it appears that a and others demonstrate the existence of a se- American Automobile Association v. United simple repeal of the words `às a sound re- rious debate about whether and the extent to States, 367 U.S. 687 (1961), the plaintiff had cording'' would not accomplish our goal, which which sound recordings were eligible to be for years been using an accounting method is to return the law on the eligibility of sound ``works made for hire'' under paragraph 2 of that it believed was permitted under a general recordings for work made for hire status to its the definition prior to enactment of Section provision of law despite the absence of a stat- state prior to enactment of Section 1000(a)9). 1000(a)(9) of Public Law Number 106±113. By ute specifically allowing this practice. Subse- Therefore, we have crafted Section 2(a)(2) mandating that all sound recordings are eligi- quently, Congress enacted Section 452 of the to ensure that the removal of the words `às a

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K06SE7.085 pfrm02 PsN: H06PT1 H7246 CONGRESSIONAL RECORD — HOUSE September 6, 2000 sound recording'' will not have prejudicial ef- tors of electricity who control the The rest of the State of California will fect. With the inclusion of Section 2(a)(2) in power grid into San Diego. soon be deregulated. Many of my col- this bill, we ensure that courts will interpret So what was the result of this de- leagues in their States have deregula- Section 101 exactly as they would have inter- regulation, a deregulation which was tion bills in their legislatures. This preted it if neither Section 1000(a)(9) nor this supposed to bring competition and House has deregulation bills in front of bill were ever enacted. lower the cost? It doubled and then tri- it. This deregulation cannot work, my Lastly, Section 2(b)(1) gives Section 2(a) pled the cost of electricity in just 3 colleagues, when a basic commodity is retroactive effect. The need to make these months. In just 3 months, if they were controlled by a few monopoly corpora- sections retroactive stems from the confusion a resident in San Diego County, their tions. and injustice that would otherwise result. Be- bill went up from $45 to $50 to $100 one The San Diego example makes it cause these sections will have retroactive ef- month and $150 the next month. If they clear the consumer must be protected fect, there will be only one, uninterrupted law were a small business struggling to get if this kind of policy is going to be pur- governing the eligibility of sound recordings to by, their $800 bill went up to $1,500 in sued. qualify as works made for hireÐnamely the one month and then went up to $2,500 Deregulation in California took place same law that existed prior to the November the next month. without consumer protection. It took 29, 1999 enactment of Section 1000(a)(9). If How could they stay in business with place in an atmosphere of monopoly Section 2(a) were not given retroactive effect, those increases in prices? control of a basic commodity. My city then sound records created or contracted for Hospitals, libraries, youth centers, was in danger of dying economically. between November 29, 1999 and the date of schools, the military, all of their budg- We have stopped it temporarily with enactment of this bill could be treated dif- ets thrown into turmoil. And what was State legislative action. But the Fed- ferently than sound recordings created before the reaction of people? Rebellion. eral Government must act now. FERC or after those dates. Such a result would be Many people just tore up their bills. must roll back the wholesale price of both confusing for the courts to administer and Elected bodies in San Diego County electricity retroactively. unfair to those who happened to enter into said they are not going to pay the dou- The people, the companies, who agreements to author sound recordings after bled or tripled price, they are going to forced these unconscionable rates on November 29, 1999 and before the date of pay only what they paid the year be- the citizens of San Diego should pay this bill's enactment. fore, because they knew their costs the price and not the consumers, the Unfortunately, there is some question as to were not determined by a supply-and- victims themselves. whether it is constitutional under the Fifth and demand function but by price gouging My colleagues, look closely at San Fourteenth Amendments of the U.S. Constitu- and manipulation of the market. Diego. Your city may be next. tion to give Section 2(a) retroactive effect. If Rallies were held. Demonstrations f took place. Political figures at the the courts disagree with our conclusion that SLORC REGIME INTENSIFIES Congress can constitutionally make these pro- city, county, State level tried to begin to solve this problem. The State legis- CRACKDOWN ON OPPOSITION IN visions retroactive, we have added a sever- BURMA ability clause in Section 2(b)(2) to ensure that lature acted earlier this week by put- the courts will not strike down the whole bill. ting a cap on the retail price of elec- The SPEAKER pro tempore (Mr. In short, we believe passage of this bill is tricity, a cap on the retail price. But TANCREDO). Under a previous order of vital to ensure that whatever rights the authors what the State legislature did was the House, the gentleman from Cali- of sound recordings may have had previously merely put a Band-Aid on a bleeding fornia (Mr. ROHRABACHER) is recognized are restored, and that such restoration is city. Because that price was just de- for 5 minutes. achieved in a way that does not unfairly impair ferred to a later time. It was not re- Mr. ROHRABACHER. Mr. Speaker, the rights of others. I urge all my colleagues funded. It was deferred. And the people yes, I think the people should watch to support this legislation when it is brought to who would have to pay that price were San Diego. It is a pity that the liberal- the House floor for their consideration. not the folks who gouged San Diegans left coalition that controls the Demo- f to begin with, but the actual con- cratic Party is so allied with extreme sumers who were the victims of this environmentalists that for 20 years A DISASTER FOR SAN DIEGO: DE- price gouging. they have prevented the development REGULATION OF ELECTRIC UTIL- We must go beyond what the State of of any new energy resources in Cali- ITIES California’s legislature did. The Fed- fornia. So now the people of San Diego The SPEAKER pro tempore. Under a eral Government must act and can act. and all of California suffer under this previous order of the House, the gen- The wholesale price of electricity can loss because we are having an energy tleman from California (Mr. FILNER) is be set by the Federal Energy Regu- shortage in a State where we should recognized for 5 minutes. latory Commission. And this Congress have abundance in energy. Mr. FILNER. Mr. Speaker, I rise to- should direct that commission, known Unfortunately, the only solution that night to tell my colleagues about a as FERC, to in fact roll back the we have being offered seems to be price tragic situation going on in San Diego, wholesale price of electricity to the controls rather than developing new California. Like all of my colleagues, I price that was paid before deregulation energy sources, which will only make went home at the beginning of August in which people had made profits and the situation worse. for a work period in our district, but good profits at that price; and yet they But tonight I need to talk about what I found in San Diego was a dis- were charging and are now charging what is going on in Burma, which is aster, and not a natural disaster but a prices double, triple, quadruple, five something of importance now because man-made disaster, a disaster made by times what they were before deregula- thousands of lives are at stake in that a few companies who are willing to put tion. country. the whole quality of life of San I have a bill, my colleagues, called During the past week, the SLORC re- Diegoans at risk for their own profit; a the Help San Diego Act: Halt Elec- gime, which controls Burma with an disaster that did not affect only a few tricity Price Gouging in San Diego and iron fist, a regime backed by the Com- people, but affected all of the residents Halt it Now. munist Chinese, has intensified their of San Diego County, 21⁄2 million peo- The people in San Diego cannot sur- crackdown on the opposition in Burma. ple. vive the doubled and tripled prices of This is a new round of brutality by the electricity rates. Small businesses are SLORC regime, and it occurred after b 1930 going under. Seniors are having to democracy leader Aung San Suu Kyi What was the basis of this disaster? make choices between using their air was prevented from leaving Rangoon to San Diego is the first area in California conditioning or paying for their food or visit her party’s members outside the to fully deregulate the electrical util- medical prescriptions. capital city. ity industry, to fully deregulate, which I ask my colleagues to look closely Soldiers surrounded her car. This is a means that San Diegans pay the mar- at San Diego, a little dot on the south- Nobel Prize winner, the person who is ket price for electricity. The market west corner of our Nation, because we the rightful governmental leader of price is determined by the few genera- are the poster children for the future. that country because of the elections

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.062 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7247 her party won. She was forced to sit in for justice and liberty, saving thou- override of the President’s wise veto of a car in the sun for a full week and sands of political prisoners through her the estate tax repeal. then forcibly return to the capital. efforts in Poland, Vietnam, Chile, and They will try to ram through this Aung San Suu Kyi is one of the true Greece. She died, unfortunately, after a House a bill that provides $50 billion in heroes of our time. She is now under full life, on September 1. tax cuts once it is fully effective. Not house arrest. Her house is surrounded Ginetta Sagan is gone, but the fight one penny, not one penny, for the home by SLORC military forces and secret for human rights continues and the health care worker. Not one penny for police, and many diplomats in Rangoon struggle against gangsters like those the fast-food employee. Not one penny are expressing concern about her who control Burma continues. We have for the janitor. Fifty billion dollars and health and her well-being. to pick up the torch and carry on not one penny for those struggling to Yesterday, the British Ambassador where Ginetta left off. Justice and de- get by. All of it for the richest 11⁄2 per- to Burma was roughed up by the mocracy will triumph over evil because cent of Americans, most of it for the SLORC goons when he tried to visit we will not falter and Ginetta Sagan 3,000 richest families in America. Aung San Suu Kyi. The National will not be forgotten. And they will have the chutzpah to League for Democracy in Rangoon has Let me just say that Ginetta Sagan come here and say that they want to had their offices raided and documents and I were active for 20 years. She had imperil this economic expansion for confiscated and their members have enormous energy and love for people. the benefits of those lucky few and ac- been arrested and face arbitrary jail She will be missed. But the tyrants in cuse us of waging class warfare. sentences. Burma and elsewhere should not think Mr. Speaker, I represent a district In the countryside, the SLORC re- that this is a loss, because her spirit that is not envious. I do not represent gime continues its brutality and ethnic will continue to inspire others to con- class envy. Malibu is the second richest cleansing against indigenous tribal tinue this fight for liberty and justice. city in my district. My constituents, groups such as the Christian Karens f more than most others, do pay the es- and Karennis, who are seeking emer- tate tax. But they have sent me here to gency refuge in Thailand in growing ESTATE TAX Washington to fight for fiscal responsi- numbers. The SLORC and Communist The SPEAKER pro tempore. Under a bility, for Social Security, for Medi- Chinese benefit from the narcotics previous order of the House, the gen- care with prescription drug coverage, trafficking of the ruthless Wa State tleman from California (Mr. SHERMAN) and for Federal aid to education and to Army, which is destabilizing Thailand is recognized for 5 minutes. and spreading the poison of deadly her- the environment. Mr. SHERMAN. Mr. Speaker, I yield They did not send me here to ask for oin throughout the world. to the gentleman from San Diego, Cali- The United States Congress is not ig- $50 billion, all of it, all of it for the fornia (Mr. FILNER). wealthiest 11⁄2 percent of Americans. norant of the corrupt and brutal prac- Mr. FILNER. Mr. Speaker, I thank tices of the Burmese dictatorship. the gentleman for yielding to me. b Their wicked deeds will continue and Mr. Speaker, I just briefly want to 1945 will continue to be noted here. Their respond to the gentleman from Orange This estate tax does not affect any continued repression of democracy is County, California (Mr. ROHRABACHER). family or will not affect any family evident. I invite him to visit San Diego. with $2 million or less to leave to their The United States and the Demo- It is misplaced to blame the San children. But it will affect the as of yet cratic nations which are doing business Diego crisis on environmental regula- unborn Bill Gates, Jr. with SLORC, and I might add Japan, tions. Yes, we need more capacity as Mr. Speaker, I think that it is impor- Australia, Israel, Singapore and others, the environment grows. Yes, we need tant that our children and grand- those of us in the democratic world environmentally sensitive generating children inherit a government that is will not sit by and watch this idly as capacity. And, yes, we need alternative debt free rather than a few families are this type of repression continues for- sources of energy. There is plenty of able to inherit millions or even billions ever. of dollars that are tax free. Investment in Burma has already sun in San Diego. But this crisis is not Mr. Speaker, this $50 billion of tax been affected. Tragically, the people of one of supply and demand. Burma suffer as commerce and trade This crisis had to do with monopoly relief aimed at those with the most has dried up. And they are already suf- pricing and manipulation of the mar- will imperil Social Security, Medicare, fering terrible deprivation in Burma as ket. The price had nothing to do with and prescription drug coverage; imperil their gangster regime which controls when the load was at peak or when sup- our ability to pay off the national debt, their country impoverishes what ply was needed. It had to do with the maintain fiscal responsibility and con- should be a rich land. people who controlled it and what price tinue our unprecedented economic This regime, the SLORC regime in they could get. growth. Burma, is condemning those people Mr. SHERMAN. Mr. Speaker, re- There are two other bad aspects of who should be living a prosperous life. claiming my time, I want to add my this bill that have not been discussed They are condemning them to poverty voice to that of the gentleman from on this floor. First, in order to keep and deprivation and tyranny. A coun- California (Mr. ROHRABACHER) in call- the cost down to only $50 billion, the try so rich in natural resources is now ing for human rights in Myanma, also authors of this bill, which should have one of the poorest in the world without known as Burma. been vetoed, actually increase the tax freedom. Mr. Speaker, with Senator of many widows, increase the income Tonight, as we note this is going on LIEBERMAN’s recent notoriety, the tax of widows by denying them a step in Burma, let us note a champion of country has learned a few words of Yid- up in basis for their income tax re- human rights. Ginetta Sagan passed dish. And one of the more interesting turns. And, second, this estate tax re- from this scene last week. Ginetta words is the world chutzpah, best de- peal will cost America’s hospitals, uni- Sagan helped me many times in the fined as the kind of extreme galling versities, and charities billions of dol- cause of human rights in Burma and in nerve as when someone who has killed lars. They will come here asking for other countries. Ginetta Sagan first their parents asks for mercy because, our help, but with $50 billion a year volunteered to fight tyranny as a mem- after all, they are an orphan. less in Federal revenue, we will not be ber of the Resistance against Fascists Mr. Speaker, there is something that able to help them. This is the unspoken and Nazis in World War II. calls for even more chutzpah than the secret. The universities and their de- After she was captured then, she was Menendez brothers asking for a com- velopment officers will not tell us brutally tortured. And after she sur- mutation of their sentence because of about it because they do not want to vived that torture, she helped lay the their status as orphans, and that is bite the hand that feeds them. But foundation for the modern human when our Republican colleagues come major charitable gifts to universities rights movement. to this floor and accuse the Democrats will bite the dust if we uphold this Ginetta Sagan was under 5 foot in of waging class warfare when they will veto. height, but she was a giant in the fight bring before this House tomorrow an Do not vote to override the veto.

VerDate 11-MAY-2000 04:29 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.088 pfrm02 PsN: H06PT1 H7248 CONGRESSIONAL RECORD — HOUSE September 6, 2000 NATIONAL MISSILE DEFENSE because those are the issues the Presi- lando area, and the headlines blurted The SPEAKER pro tempore (Mr. dent spoke to, and I will take apart out some nearly 2 years ago that TANCREDO). Under a previous order of word by word taking the opportunity deaths by drug overdoses had exceeded the House, the gentleman from Penn- to define ‘‘is’’ as the President defines homicides in our area of central Flor- sylvania (Mr. WELDON) is recognized for ‘‘is,’’ and I will show the American peo- ida. And I think that is now occurring, 5 minutes. ple that again this President and this and we will be able to substantiate Mr. WELDON of Pennsylvania. Mr. Vice President just do not get it. these figures, on a national basis. So if Speaker, this past Friday, President This Congress voted overwhelmingly people are concerned about the use of Clinton gave a major foreign policy with veto-proof margins in the House firearms, about commissions of mur- speech at Georgetown University an- and the Senate to move forward. And der, mayhem in our society, I think nouncing his decision not to move for- this President, in a typical election- that we have now reached the point ward with the plan to deploy a national year maneuver the Friday before Labor where drug deaths and overdose as a di- missile defense. It took the President 7 Day, before he was to travel to the U.N. rect result of illegal narcotics are now years and 8 months of his administra- this week, chose to give the American taking an even greater toll than other tion to finally make a speech about people bad information. forms of murder. missile defense. He did not make a The American people deserve to hear I will never forget that a parent who speech after 26 young Americans came the other side. Beginning tomorrow, I had lost a child in central Florida said, home in body bags because we could will give the other side and through a Mr. MICA, that in fact drug overdoses not defend against a low complexity series of special orders over the next are a form of murder, and certainly Scud missile. several months will outline for the when you have a son or a daughter lost He did not make a speech after in American people the factual response to illegal narcotics, either someone January of 1995 the Russians almost re- to President Clinton’s falsehoods that providing them or the individual dying sponded with an attack on the U.S. be- he outlined at Georgetown this past as a result of someone distributing to cause they misread a Norwegian rocket Friday. them illegal narcotics, you certainly launch, an attack that we could not de- f view that as murdering or destroying fend against; and he did not make a ILLEGAL NARCOTICS the life of your loved one. speech 2 years ago after the North Ko- But tonight, I want to try to shed a The SPEAKER pro tempore. Under reans test-fired their three-stage mis- little light. I try not to do this in a the Speaker’s announced policy of Jan- sile which the CIA now claims can hit partisan fashion. I do not think that uary 6, 1999, the gentleman from Flor- the U.S. directly. But he did make a our efforts to curtail illegal narcotics ida (Mr. MICA) is recognized for 60 min- speech this past Friday. is a partisan matter. I think that both I was not surprised, because his posi- utes as the designee of the majority sides of the aisle are sincere in trying tion has been consistent with both he leader. to find solutions. But I think we also and AL GORE for the past 8 years. In Mr. MICA. Mr. Speaker, I am pleased have to look at some of the facts in- fact, Mr. Speaker, I could respect the to return to the House of Representa- volved and some of the spin that is President if he would have come out tives after our August recess and dis- even put on what is happening at the publicly and simply said, ‘‘I disagree trict work period and continue this se- national level, possibly for the sake of with the Congress and the American ries that I began nearly 18 months ago politics, maybe for the sake of apply- people. I don’t support missile defense as chairman of the Subcommittee on ing some cosmetics to a record that is and will not during my administration Criminal Justice, Drug Policy and not too attractive. That is something move forward.’’ That is what he has Human Resources, a series that I began that we have to deal with. And we done for 8 years. In fact, the day that on the topic of illegal narcotics and its must, in fact, deal with facts if we are my bill came up on the House floor for impact upon our Nation. going to find real solutions to the prob- a vote just a year ago he wrote a letter Tonight, I thought I would recap lem we face with illegal narcotics. to every Member of the House opposing some of what has taken place during the bill, saying please vote against it. this congressional recess, some of the So tonight I want to talk about the Yet 103 Democrats joined 215 Repub- activities that have occurred relating Clinton administration’s attempt to licans in giving a veto-proof margin to to illegal narcotics and our attempts to blur some of their failure in Colombia move this country forward. So the bring illegal narcotics and drug abuse in their shutdown of our war on illegal President did what he does so fre- in some control and order in our soci- drugs and some of the steps that were quently. He used a political game and ety, and also give an update on some of taken even during this recess by the pretended that he really was for mis- the actions of the administration in President to try to put a happy face or sile defense. this interim period while Congress was a successful face on really a policy of Mr. Speaker, again I could respect in recess. disaster that has taken place since the him if he simply said that he opposed I think that it is important that we beginning of the Clinton-Gore adminis- missile defense as he did in that letter keep in perspective the history of the tration in 1993 when they took office to every Member a year ago in March. efforts by Congress and this adminis- and began systematically dismantling But, instead, the President of the tration and other administrations in any semblance of a real war on drugs. United States in his speech before trying to curtail what has become The President, as we know, visited Georgetown University publicized probably the most serious social prob- Colombia with great fanfare for some 8 around the world last Friday told half- lem facing our Nation and certainly hours. He spent 8 hours there out of truths, misrepresented factual infor- the youth of this country. I think that nearly 8 years in the White House. And mation and, Mr. Speaker, sadly he just the statistics that have recently been again, I think, to put the best face pos- downright lied. released about crime show that some of sible on a situation that they helped in Mr. Speaker, beginning tomorrow, at the murder rate in this country is fact create through some of their ac- a speech before the National Defense down. And I think that, in the next tions. University, I will respond to the Presi- week, our subcommittee is looking at Let me first review how we got our- dent factually, I will respond to his some of the statistics that have been selves into the situation in Colombia specific words, and I will show the released; but I think they are startling where the Congress had to, in an emer- American people how this President figures that will show that more people gency fashion, dedicate $1.3 billion just and this Vice President have chosen to are now dying as a direct result of drug in this fiscal year that we are ap- ignore the reality of the threats that abuse and misuse in this country than proaching for aid to Colombia. Accord- are emerging. I will focus on four key some of the murders that are coming to the President’s own drug czar areas the President focused on: The mitted. And I know that that is the last year, Barry McCaffrey, he called emergence of the threat, the arms con- case in the area that I represent. Colombia, and I will use his quote, he trol record of this administration, the I represent a beautiful area in Flor- said it was a flipping nightmare last Russian and world response to missile ida from Orlando to Daytona Beach, summer and then asked, in fact, that defense, and the technology readiness, the central Florida and greater Or- the President consider it an emergency

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.090 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7249 situation. This is after tens of thou- These are the charts that the Presi- country who was involved, and they sands of Colombians were slain, mem- dent certainly would not want to show captured him, as my colleagues may bers of the police force, members of the and the administration would not want recall from television days, and put military, civilians, legislators, mem- to show. Almost no heroin produced him in jail for dealing in illegal nar- bers of their Congress, local and na- again in 1993, some 7 years ago. Now, cotics and for money laundering and tional judges, attorneys general and this figure refers to probably 75 percent corruption. So that was the way they other officials from top to bottom in of all the heroin that is seized in the dealt with it. Colombia were slaughtered in a war United States. The way the Clinton-Gore adminis- that has been fueled by narcoterrorists. According to DEA signature testing tration dealt with the problem is they So finally the administration woke up program, they can take the DNA of the stopped the shootdown policy. So the last year and said the situation had heroin that is confiscated and seized first thing they did is stop the gotten out of control, and in fact it had and actually tell almost to the field shootdown policy and stop information gotten out of control. where it is produced, but some 75 per- sharing so we could not go after drug Now, to get out of control, it was not cent of all of the heroin produced in traffickers at their source. This policy easy. In fact, I believe some very spe- Colombia and seized in the United so enraged Members of Congress. cific steps by the Clinton administra- States comes from Colombia. Now, this I remember my colleague, I just got- tion, and I want to go over them to- took place in this administration. ten elected in 1993 and the gentleman night, led us to be forced really to pass The first decision was to stop the from California (Mr. HORN) was elected an aid package of historic proportions. shootdown policy, stop information the same year. In 1994, when they did $1.3 billion for any country, we know sharing. Now, in this vast arena of this, they took this first step, everyone there is something dramatically wrong. going after drug traffickers at their was shocked, and the gentleman from This did not happen overnight. It began source, which is most effective, be- California (Mr. HORN) said, ‘‘As you with a systematic shutdown of assist- cause we stop shipment of a ton or will recall as of May 1, 1994, the De- ance in combating illegal narcotics and quantities, we stop it at its source, partment of Defense decided unilater- the situation that was developing and once it gets into the United States and ally to stop sharing real-time intel- deteriorating in Colombia. beyond these distribution points, it is ligence regarding aerial traffic in drugs So let me first start by reviewing, if costly, it is ineffective, and we are with Colombia and Peru. Now, as I un- I may, the situation. Members know never going to get it all. derstand it, that decision, which hasn’t that most of the illegal narcotics are One DEA official I met in the jungle been completely resolved, has thrown now coming from Colombia. This chart of Central America described it so diplomatic relations with the host which was prepared by the drug en- aptly. He said, Mr. MICA, down here we countries into chaos.’’ That is 1994. forcement agency shows that most of can stop the drugs at their source Now, that was the Republican view- the cocaine and heroin, in 1997, and it where they are produced cost effec- point in 1994 when the administration is true today, is coming from Colom- tively for a few dollars. In fact, when took this step. bia. This was not the case as I will the coalition started cutting the source This is what the Democrats had to point out in 1993 at the beginning of country programs, some of the DEA say. Remember, the Democrats con- this administration. But this adminis- agents chipped in and put some of their trolled the White House. In 1993 to 1995, tration took some steps back in 1993 own personal money to stop some of they controlled the House of Rep- when they first came into office that the production and activity down resentatives by a wide majority. They turned out to be disastrous. there, because they were so dedicated also controlled the other body, the to the program, knew it would work. United States Senate. And this is what b 2000 This agent said, Mr. MICA, trying to the Democrats said in August of that In 1994, the Clinton administration stop the illegal narcotics once they get same year, 1994, committee chairmen stopped providing information and in- to our shores is sort of like getting a of two House subcommittees blasted telligence to the Colombians regarding hose, hooking it up to a spigot and the Clinton administration yesterday drug flights tracked by the United then putting a 360 degree sprinkler out for its continuing refusal to resume States, which, in fact, eliminated the in your lawn and running around with sharing intelligence data with Colom- effectiveness of Colombia’s shootdown coffee cans trying to catch the water as bia and Peru that would enable those policy. it sprinkles out. And that is the anal- Andean nations to shoot down aircraft Now, prior to 1994, Colombia was par- ogy that this agent used in the jungles carrying narcotics to the United ticipating with shootdown drug traf- to me. He said the best thing to do is to States. ficking planes, and Colombia was pri- turn that spigot on and turn off the il- So we see the beginning of $1.3 billion marily a transit route for narcotics. legal narcotics. That would be a simple problem developing through very spe- And in that era, 1993, some 7 years ago, strategy. cific policy decisions not criticized just the beginning of this administration, it It was a strategy that worked under by Republicans, but this is how we got was mostly cocaine that was coming the Reagan and Bush administration ourselves into this mess, with, again, through and transcending or being and as far back as the Nixon adminis- stopping the information sharing, stop- processed. It was not grown in Colom- tration. There was a heroin epidemic ping having Colombia get a handle on bia. under the Nixon administration. He this situation early on and repeated re- This administration managed to turn stopped it at its source. He went in and quests by both Republicans and Demo- the situation, where Colombia again through purchasing and through other crats not to take these steps. was just a transit point and a trans- programs that he set up, President So these policy decisions had some shipment point, into a major producing Nixon, they stopped that. very serious implications, and those country. The first step, as I said, was President Reagan and President Bush implications resulted in a change in the refusal to share intelligence. created an Andean strategy, a Vice trafficking patterns and production Now, this is an interesting chart we President’s task force, and as my col- patterns of narcotics. had prepared. In 1993, the cocaine pro- leagues may recall, even when we had a This is an interesting chart, because duction in Colombia was some 65 met- Central American leader involved in it shows Andean cocaine production. ric tons, very little, almost off the narcotic trafficking and money laun- And we see in 1991, 1992 the situation; charts in 1993, 65 metric tons. The pop- dering. and this line that we have going pies grown in Colombia for producing Remember President Noriega of Pan- through here is Bolivia. This line, the heroin was almost zero in 1993. And in ama? In 1989, President Bush sent blue line going through here and down 1999, we have 520 metric tons of co- American troops in. In fact, American is Peru. And the line, the red line that caine; and this, I believe, is in the 80 lives were lost in that case, but they we have we have going up here is Co- percent range of all the cocaine pro- went in with force and with determina- lombia, and this is cocaine production. duced in the world. They managed to tion and stopped that trafficking at the What the administration did was, in develop a market in Colombia and, choke point. fact, stop information sharing. Then in again, by some very specific policy de- In this case, it was Panama and the 1996 and 1997, the Clinton administra- cisions. Ismus of Panama and the head of a tion decertified Colombia. We have a

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.091 pfrm02 PsN: H06PT1 H7250 CONGRESSIONAL RECORD — HOUSE September 6, 2000 certification law that I helped work on Recently, I must commend him, he an incredible job in assisting the when I worked back in the Senate and has shot down drug traffickers after United States, a difficult time. But develop, and it is a simple law. It says the United States, again, after we went this is a program of success. This will that every year the President must through the fiasco of not sharing infor- eradicate for very few dollars coca pro- certify that a country is cooperating in mation and intelligence for drug traf- duction and cocaine production. stopping both the production and trafficking air shootdowns to these coun- We can do the same thing in Colom- ficking of illegal narcotics. The Presi- tries, we found that the administration bia. Of course, the situation has dete- dent must certify. The President sends repeated the mistake and even our own riorated much more in that country, that certification, and he says that Ambassador from Peru was saying, and, again, because of specific policies they are cooperating. In return for continue to get information to us. of this administration and specific when the President certifies that there This is in a report I got this last De- steps that were taken by this adminis- is cooperation, these countries get for- cember. In the report the United States tration that got us in this mess. eign assistance; they are eligible for Ambassador from Peru, I believe in So here we are with this production foreign aid. They are eligible for trade 1998, said they were making the same going off the chart. Here we are with benefits of the United States of Amer- mistake and they should continue the the House of Representatives, the other ica, and they are also eligible for fi- information sharing. That information body and the administration providing nance benefits. sharing, I believe now we have gotten $1.3 billion now in aid to get our cart Benefits of our country are bestowed some of that started again. President out of the ditch in Colombia, which is on them for their little bit of coopera- Fujimori has ordered the shootdown of the major producer of heroin, some 75 tion in stopping illegal narcotics. A drug trafficking planes, and they are percent as we demonstrated by the nice trade we thought when we devel- given fair warning. other chart, and some 80 percent of the oped the law. We know that they are carrying cocaine production for the entire world Now, we found in developing the law death and destruction out of that coun- now out of Colombia. that we wanted to make a statement try and across other borders and into This was not easy for the Clinton- and say that a country was decertified our streets and our communities and Gore Administration to achieve. I as not fully cooperating and cooper- our schools. So we have a situation in mean, to make this country into a dis- ating, and that might have been the which we know what works. aster in 7 short years, the leader in case with Colombia because of its lead- b 2015 production in cocaine, the leader in ership. But we also put in the law a production in heroin coming into the provision that said you could decertify, In Bolivia, we put together a plan, and the plan has worked with the in- United States, was no easy step, but but you could issue a national interest they managed to do it by distorting the waiver, and even though a country was credible cooperation of President Hugo Suarez Banzer, the President of Bo- intent and also the provisions of the decertified, in our national interests, drug certification law. the interests of the United States, we livia, who has cooperated. The vice One of the interesting things you could continue to give assistance to president has helped lead the effort. hear the administration talking about, fight illegal narcotics. And in the package that we are now and we even heard some of the leaders In 1996, 1997 this administration, sending, that we have now passed and from South America talking about, is, Clinton-Gore, decertified Colombia are sending to Bolivia, and actually it first of all, having the United States without using the provision put in law is in the $1.3 billion, there is $100 mil- abolish the certification process, and so that we could continue to get aid, lion for Bolivia of the total Colombian then turning that over to an inter- let them help us with the illegal nar- aid package, because we do not want national body. cotics problem. So what happened here this to continue here. is cocaine production, actual growth of We have the possibility within the Could you imagine having the United coca in Colombia dramatically in- next 24 to 36 months of completely States benefits of foreign aid, eligi- creased. Look, it just took off the eradicating cocaine production in Bo- bility for finance assistance and trade charts, with their policy of not getting livia. I tell you, if you can do it in benefits, given to another organization aid down there. What happened? Peru, and I went to Peru at the turn of outside the sovereign United States, to Now, the Republicans took control of the last decade, 1990–1991, before Presi- determine who is eligible for foreign the House of Representatives, and we dent Fujimori took office, there was assistance and benefits, trade and fi- were able to pass measures. We also pure chaos. There were people sleeping nance from the United States? It is al- took control of the other body; but we in the streets, there was gunfire at most ludicrous, but the administration were also able to pass measures and night, the parks were full, the Shining has been nodding and bowing to some funding to start two programs, and I Light Path Mao terrorists were blow- of these suggestions, and I would fear know because I was involved with ing up buildings, power supplies, they that they would fall into the trap of these, with the gentleman from Illinois had control of some cities, you could letting someone else determine who (Mr. HASTERT), who is now the Speaker not travel there. gets benefits of the United States. I of the House, Mr. Zellif, the former Within a short period of time and two cannot believe it, but it is being talked chairman of the subcommittee juris- administrations, President Fujimori about. diction that I now chair, we went down has not only brought stability and Repeatedly since the new majority, to Peru and Colombia and Bolivia to peace to that country and a stable way the Republican side, came into office, see what it would take to get this of life, but he also has dramatically de- and even before that, I know we have under control. creased the cocaine and coca produc- requested that steps be taken not to Again, this is not rocket science. It is tion in that country, and with very few allow the situation in Colombia to de- a simple thing. We stop the production dollars. He was punished some by this teriorate. During the 1993 to 1995 period of these drugs at their source, cost ef- administration and by the liberals when again the Democrats, the other fective; and we put very few million, from the other side of the aisle because party, controlled the House of Rep- maybe $20 million, $30 million, in some of his so-called human rights viola- resentatives in vast numbers, I had of these programs in Bolivia and Peru. tions, or that his election was by pop- over 130 Members request a hearing on And guess what? ular election, an additional term and our national drug policy, and in a pe- In our alternative crop programs, in approved by the people. His opponent riod of 2 years there was really one our enforcement programs, in our asked that the election be delayed. hearing, if you did not count appropria- eradication programs, look what hap- Could you imagine in this country tions, routine hearings, on the question pened here. In fact, we have reduced by that you do not like the results of the of our national drug policy and what over 50 percent, 55 percent the produc- election, and you say, oh, let us have was happening to it. I had 130 requests tion of cocaine in Peru. President another election at another date? for hearings, and almost none were Fujimori has done an incredible job, Fujimori again won the majority vote. held. not only in bringing stability to that Now there are those that are again giv- I am pleased to say we have probably country, but cooperation. ing President Fujimori, who has done done some 40 hearings, almost one a

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.093 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7251 week, since I have chaired the sub- led Congress has said to get there to do tion by accident. One does not get one- committee, looking for solutions, look- the job, how about just supplying some self where we have a country which is ing for ways in which we can tackle of the surplus? Heaven knows we have a transit country for narcotics into the this great social challenge and social tons of surplus equipment in our major producing country now in the and health problem that our country is downsizing, and some of it is not used world for the supply of hard narcotics facing with the illegal narcotics, and or is in mothballs. They took these coming into the United States, we do really it has become a national secu- trucks, which actually I am told were not get this accomplished by just a rity problem. But one hearing was held designed for a northern or arctic cli- couple of easy steps. Unfortunately, we in 1993–1994. mate, and sent them down to Colom- take some steps that I have outlined In 1995, when the new majority took bia, and sent equipment that could not here tonight that in fact turn the situ- office and control of the House and the be used or was so expensive to repair or ation into a disaster, and cause the other body, we again pleaded with the convert for use in the jungle or the Congress to expend hard-earned tax- administration to get assistance to Co- tropic application that it was useless. payer dollars to sort of mop up the lombia. We sent letters, we sent joint Now, this would not be bad enough, mess. requests, we sent resolutions, and we but the Congress saw this coming, and All this was now sort of blurred by actually even funded monies to go to again the Republican-led Congress the President in his grandstanding and that country. Each time the adminis- tried to do its best to get the resources going down to Colombia for some 8 tration blocked assistance getting to to Colombia in a timely fashion. Again, hours to make this all look good. I am Colombia. the policy of not sharing information, sure his action, the reports I have, are After tremendous pressure by the of stopping the shoot down policy in poll-driven that in fact the situation Congress, in 1998 we did get action by 1994–1995 created a disaster. In 1996 to had deteriorated so badly, not only in the administration to certify with a 1998 they decertified without a national Colombia, and the public was aware of national security waiver by the admin- interest waiver, so no aid was going it, but also with illegal narcotics flood- istration, so finally some 2 years ago down. 1998, they finally granted a waiving into the country in unprecedented they granted this waiver. er to allow aid to go down. They send quantities that it began to affect the Now, they granted a waiver to allow down aid that cannot be used. credibility of this administration and narcotics fighting equipment and re- The Congress passed some 2 years ago those running for higher office. sources to get to Colombia. That was a $300 million appropriation to send I will quote from the New York their so-called policy. But in practice Blackhawk helicopters and equipment Times. I do not want to prejudice this, what they did was a disaster. Let me resources to Colombia to get the situa- because I am a partisan from the Re- just show you some of the things that tion under control. Now, you would publican side, and I do not want to they did. think that with the direction of the prejudice it with my statement, but we will take the New York Times August We funded money; they diverted Congress, the administration could 30 article. money. They diverted resources. I am carry this out. Wrong. Until January of It said, ‘‘The U.S. authorities de- told the vice president had directed 1999, I am sorry, until January of 2000, some of the AWACS aircraft that we scribe Colombia’s drug trade, which this year, we were not able to get the supplies about 80 percent of the world’s had flying, surveillance aircraft, from helicopters to Colombia in a fashion the drug producing region to Alaska to cocaine and two-thirds of the heroin on that could be used. Almost an incred- U.S. streets, as a national security con- check for oil spills. ible scenario of bungling, of mis- The President took money from what cern. But analysts suggest domestic management in delivering the politics rather than foreign policy may we had pledged to give to this region, Blackhawk helicopters, which arrived, the drug producing region, and diverted be behind the timing of Clinton’s trip.’’ sent by this administration to Colom- I did not say this, the New York it to Haiti in his nation building at- bia without proper armoring and with- Times said this. Let me quote again tempts in that country. I could spend out ammunition. from this article: the rest of the night talking about the What made it even worse is some of ‘‘Since Clinton took office in 1992, disaster of the Haitian policy, and the ammunition that we ended up ask- Colombia’s cocaine output has risen Haiti has now turned into one of the ing be sent to Colombia ended up dur- more than 750 percent, to 520 metric major drug transit countries in the ening the Christmas holidays, from De- tons last year, leading to Republican tire hemisphere and world, despite cember to January looking for this am- charges that the Democrats have soft- nearly $3 billion in diversion of some of munition, which should have been peddled on drugs.’’ the money that the Republican-led there over a year ago, ended up on the The rest of the article says, ‘‘Diplo- Congress had authorized for that war loading dock of the Department of matic sources say Wednesday’s trip on drugs. They moved the money into State, another bungled disaster in try- will give Clinton the perfect stage to Haiti. They moved the equipment into ing to get aid that the Congress, the strike a tough pose on drugs and allow Bosnia and to Kosovo and to other ad- Republican-led Congress, had worked Democratic Party presidential can- ministration deployments. since 1995 to get to Colombia in a time- didate Al Gore to say the current ad- So even when we finally got them to ly fashion, and, again, aid that could be ministration did not fall asleep at the grant this waiver that is allowed to get used in an effective manner. switch.’’ the resources there, the resources were So the major expenditure of the $300 This is the New York Times article. I diverted in fact. million that we asked some 3 or 4 years did not say that, they in fact said that. Then what we found is we asked not ago to get these resources and funded But these accidents in fact have cre- only that appropriated funds by the several years ago, the major compo- ated a disaster. The failed policy in Congress get there to help bring this nent of this package were these heli- Haiti has created a disaster, turning situation which was deteriorating in copters which they need to get to high Haiti into the key transit zone for ille- Colombia under control, and we saw altitude to go after both the traffickers gal narcotics coming through the Car- the production dramatically rising, and also do the eradication. Other ibbean today. Again, do not take my which the charts supplied even by the equipment will not work, but we know word, let us take the administration’s administration confirm, but the other what will work, and we could not get drug czar’s word. thing that we always asked to help if that there. In a very limited quantity General Barry McCaffrey, director of you are going to have a war or effort or it finally got there the beginning of the Office of Drug Policy, said ‘‘My a fight to assist in tackling a problem this year, but not armed, not properly only broad-gauge assessment is that is you need equipment and resources. armored, and not properly equipped, Haiti is a disaster. We’ve got a weak to This is an interesting article from with the ammunition that was out- nonexistent democratic institution, a last year, ‘‘Colombia turns down dilapi- dated. police force that is on the verge of col- dated United States trucks.’’ We tried lapse from internal corruption, and b to get surplus equipment. Okay, if you 2030 eroding infrastructure that is creating will not take the money that the Con- So one does not get oneself into a $1.3 a path of very little resistance. We are gress has appropriated, the Republican- billion disaster emergency appropria- watching an alarming increase.’’

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.094 pfrm02 PsN: H06PT1 H7252 CONGRESSIONAL RECORD — HOUSE September 6, 2000 This is, again, not my comment but told until 2002 that we will not be up to issued a stinging report that said the comment of our drug czar. This is where we were when Howard Air Force ‘‘High-schoolers Report More Drug after the administration’s policy of na- base was opened. Use.’’ This is the New York Times. This tion-building, after spending probably What is of even more concern is the is from Friday, June 9, 2000. some $3 billion in Haiti and much of administration, when they came in in So the administration staged an the funds in the institution of nation- 1993, took some very specific steps, event to try to make it look like they building, building the police force and Clinton-Gore, in closing down the had gotten a handle on teen drug use, building the judicial system, building a source country programs, in closing and it was in response to these reports legislative body, and this is the assess- down the interdiction programs. They coming out, the Centers for Disease ment by the administration’s drug czar have great disdain to begin with for the Control and other reports that we have. that this has turned into a drug haven. military, and they wanted to make cer- What disturbs me as chair of the sub- I have not gotten into Panama. I just tain that they took them out of the committee is that it is almost a deceit- described how the policy of President war on drugs. ful use of statistics. We passed a $1 bil- Bush was to go in and go after a drug Now, of course, Members can hear lion program to combat illegal nar- trafficker. In this case it happened to the comments that the war on drugs is cotics use and drug abuse, an anti-drug be the President of a country, Noriega, a failure. The commentators are al- media campaign some 2 years ago, and who he sent our troops for, who cap- ways saying that. But the war on some $200 million plus per year is being tured him and jailed him. drugs, Mr. Speaker, basically closed expended over a period of time to try The contrast is that the Clinton and down with the advent of this adminis- to get this situation under control. Gore administration allowed Panama tration. That was in 1993. They stopped When we passed that we wanted some to be given up, which it did have to be the interdiction programs, cut the measurable results, and we required in given up, we will give them that, as far source country programs, took the the law that we passed that there be as our base, but they turned over $10 military out of the surveillance oper- measurable performance standards and billion in assets. We requested that we ations, and last year we lost the for- a report back to Congress. I didn’t at least be allowed to lease and use the ward operating location. think that the drug czar’s office could bases which we had established there, So if Members wonder why we have a do this or the administration would do even if we had to pay for them, as a disaster in Colombia, there are specific this, but they took statistics and they continuance of our forward drug sur- steps that led to that. If Members won- molded them in this presentation as a veillance operations. der why our streets are flooded with follow-up to the President’s staged ap- We have to remember that before heroin in unprecedented quantities and pearance in Colombia, and used them May 1 of last year all of our drug sur- cocaine in unprecedented amounts, in a fashion which I think was deceiv- veillance operations for this entire re- there is a reason for that. That is that ing and which violates the intent. In fact, there is an article which says gion of the Caribbean, where all these surveillance operations are basically the administration may have violated narcotics are grown and sourced and closed down, and are in the process of the law by not properly reporting to transited from, all of that surveillance being replaced at great expense to the the Congress as required by the law. operation was located in Panama at American taxpayers. The latest esti- But what they did was they took the our bases. mates are probably in the $150 million perceived drug use as harmful of 12th In a bungled negotiation with Pan- range, in addition to what we lost in graders, and they took a 1996 baseline ama not only did we lose everything as assets in Panama. that we started out with, and showed far as the canal is concerned, and we That is some of the situation that we that 59.9 percent in 1996 perceived drug were expected to lose that, but we lost got ourselves into. The President went use as harmful, these 12th graders. all of the other assets. The Air Force down with great fanfare, and we would Each year that had decreased. bases, all of our strategic locations, think that he had solved the problem We wanted to find out if the $1 billion and every operation for our forward when in fact he helped to create the we are spending is effective. They came drug surveillance and intelligence op- problem through some very specific out with a report, and what they did erations were housed at Howard Air steps that I think I have documented was they changed the baseline. They Force base in Panama. This was, again, here tonight. changed the baseline from 1996 to 1998 a total loss, and it is sad to report to Mr. Speaker, what I would like to do so that they could show it was a small- the Congress and to the American peo- is just talk for a few minutes about an- er baseline. ple that the administration is now try- other thing that has taken place dur- In this drug control strategy we re- ing to still piece together a substitute ing the recess. quire that they set a goal, so we know for Howard Air Force Base. During the recess, we had with great that we are getting something for our So rather than pay a little bit of rent fanfare not only the President visiting money, and we try to reach this goal. or assistance for using the facility that Colombia to make it look like they had The goal they set was for 80 percent of we had even built in Panama for this done something, and of course I did not the use, the 12th grade use to perceive operation and other national security describe what they did tonight in de- this as harmful, drug use as harmful. operations, we are now paying Ecua- tail about how they got us into this What we have seen is actually a dete- dor, and we will probably pay over $100 pickle, but we heard just in the last rioration in this. million to build an airstrip, and we will few days the drug czar and Donna The administration cleverly took, have a limited contract with that Shalala, our Secretary of Health and and it was not discovered by our sub- country. We are going to pay for im- Human Services, come out and pro- committee but by a reporter, and provements and facilities at Aruba and claim that illegal drug use is down changed the baseline to 1998, used the Curacao, and we are going to pay addi- among teens. Of course, there is this new baseline. They shifted from 12th tionally in El Salvador. headline in the Washington Times that grade, because they had slightly more But what has happened, since May of says also that it is up for young adults. favorable statistics for eighth-graders, last year, until we are now told today They were trying to stage during this and used those statistics. So what they it is 2002, we have a wide open gap. So recess, in addition to the President’s did was they said they were getting not only do we have Colombia pro- staging appearance in Colombia, that closer to their goal, and eighth-graders ducing incredible quantities, actually drug use was down among teens. What were 73 percent more likely to perceive producing heroin, actually poppies that they had to do really was to counter drug use as harmful, and said they produce heroin and they come from the other headlines and reports that were 7 percent from reaching their there, but we have cocaine coming had been coming out one after another. goal, when in fact they had actually from there in unprecedented quan- This is from the Washington Times: deteriorated in the 12th-grade range, tities, and also the coca bean grown ‘‘Threat of Ecstasy Reaching Cocaine, and researchers will tell us that 12th there. Heroin Proportions.’’ This is August 16 grade is a better measure of long-term We have this incredible producing of 2000. This is a report, and we had be- drug use. Twelfth-graders usually set country, and our surveillance oper- fore my subcommittee the folks from the stage for their lifetime action with ations cut dramatically. In fact, we are the Centers for Disease Control who the illegal narcotics.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.096 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7253 b 2045 made in the last few days, and draw the cine; and if one cannot find it, well, So we have seen a clever and rather contrast between that and the plan that is just tough luck. Even if one deceitful distortion of a law that we that the Democrats have been putting does manage to find an insurance com- passed to try to gauge performance and forward in the House of Representa- pany through the voucher that the find out if we are meeting our objec- tives and that is also supported by Vice Government might give one under the tives, and I find that very disturbing. I President GORE. I know I am going to Bush plan, there is no guarantee as to the cost of the monthly premium or do not know if time permits to bring be joined tonight by some of my colleagues on the Democratic side of the what kind of medicine that one gets. folks in and to conduct a hearing; but Now I find myself when I talk to sen- we certainly will be, if necessary, sub- aisle. Mr. Speaker, my concern about what iors that they want certainty. They poenaing records to find out how they want to know that, if they pay a pre- could take the intent and law passed has been happening with the Bush Medicare plan, or I should say with the mium, as they do under part B, and by this Congress to set meaningful now they would under the part D pro- goals, to set performance standards, Bush prescription drug plan, it is just basically too little too late. The Demo- posed by the Democrats and by the and then evaluate and report back to Vice President, that they are guaran- the representatives of the people. crats here in the House have been talking about expanding prescription drugs teed certain prescription drug coverage So I take this matter very seriously and it is going to be there for them that the law, intent and spirit of the through Medicare. On the Republican side of the aisle, we have seen fig whenever they need it. law may have not been measured up to Lastly, I think in contrasting these leaves go out about different proposals by this administration in an attempt two plans, the Republican and the to provide some sort of voucher or sub- to make it look like they have done Democratic plans, and just as impor- sidy for seniors who might want to go something to help us, when in fact, if tant, I see the gentleman from Maine we start looking at statistics, we find out and buy a prescription drug plan. But the Republican proposal really (Mr. ALLEN) just came in, and he has that Ecstasy use is absolutely sky- been the biggest supporter of this does not do anything, nor does Mr. rocketing. This shows the Ecstasy use. issue, is that the Republicans and the Bush’s proposal do anything to help If we look at methamphetamine, al- Bush plan leave American seniors open the average senior. I think it is just a most no methamphetamine back at the to continued price discrimination. lot of rhetoric. It does not actually do beginning of this administration. These There is nothing in the Bush plan or in anything to solve the problems that charts were given to me by another the Republican plan to prevent the seniors face today. I just wanted to agency of this administration. We see drug companies from charging one contrast because, in many ways, I from 1993 to 1999 the country, these col- whatever they want. The Democratic think that what Mr. Bush has proposed ored parts here showing methamphet- plan, on the other hand, says that the is really no different. It is just another amine going at a rapid rate. Government will choose a benefit pro- version of what the Republican leader- If we look at 12th grade drug use and vider who will negotiate for one the ship in the House has been talking the charts that again were provided best price, just like the prices that are about for the last 6 months. and information by this administra- negotiated by the HMOs and other pre- On the other hand, the Democratic tion, we still see serious increases, ferred providers. proposal which we have been putting some leveling off. If we look at the The real difference, though, is that forth and has been supported by Vice prevalence of cocaine use, we see again the Democrats are working with the President GORE has very specific rem- dramatic increases under the watch of existing Medicare program to basically edies for dealing with the problems this administration. expand Medicare to provide prescrip- that seniors face. So I would just like So I do not particularly like to call tion drug coverage, and that would to run through some of the distinctions this to the attention of the Congress make a difference for the average sen- if I could. ior. The first prescription drug, the and the American people, but I think it All that the Republicans are doing, is a distortion of the intent of Congress first medicine that they need would be and that includes their presidential covered under the Democratic plan. to try to get measurable results and ef- candidate, Mr. Bush, is throwing some fective expenditure of our dollars and The Republican plan is just, in my money or proposing to throw some opinion, nothing more than a cruel our antinarcotics effort. money at the insurance companies, So tonight, I appreciate the time and hoax on the seniors. It is the same type hoping that they will sell a drug-only of thing that the Republicans in Con- patience of my colleagues. I will try to insurance policy; and the insurance return maybe again this week and fin- gress have been proposing. companies admit that they are not I wanted to just mention two more ish the rest of this report. But we still going to be selling those kinds of poli- things, then I would like to yield to my face a very serious illegal narcotics cies, that basically a drug-only insur- colleagues who are joining me here to- problem that is taking a record number ance policy will not be available. night. There was an article in today’s of lives, destroying families, and im- What the Democrats have been say- New York Times where the Republican posing great social devastation across ing is that we have a tried-and-true candidate, Mr. Bush, was spelling out our land. program, a Medicare program, that has his prescription drug program. Inter- Mr. Speaker, I appreciate again the been around for over 30 years now; and estingly enough, when asked about the attention of the House. all we have to do is take that existing issue of price discrimination, he actu- f Medicare program and expand it ally criticized GORE’s plan, the Demo- through a new part D where one would cratic plan, by suggesting that, in the PRESCRIPTION DRUG BENEFIT pay a premium per month and one way that we set aside benefit providers FOR AMERICAN SENIORS would get a prescription drug benefit in and say they are going to negotiate a The SPEAKER pro tempore (Mr. the same way that one gets one’s part good price so that seniors do not get TANCREDO). Under the Speaker’s an- B benefit to pay for one’s doctor’s bills ripped off, and the price discrimination nounced policy of January 6, 1999, the right now. One pays a modest pre- that currently exists disappears, what gentleman from New Jersey (Mr. mium, and the Government pays for a Mr. Bush says is that that would do PALLONE) is recognized for 60 minutes certain percentage of one’s drug bills. nothing but ultimately lead to price as the designee of the minority leader. The Democrats, and here is one of controls. Mr. PALLONE. Mr. Speaker, I would the most important distinctions, the I just wanted to use this quote if I like to discuss in a little depth tonight Democrats guarantee that the drug could, Mr. Speaker. It says that Mr. the issue of prescription drugs and try- benefit one gets through Medicare cov- Bush today, much like the drug indus- ing to provide a prescription drug ben- ers all one’s medicines that are medi- try, criticized Mr. GORE’s plan as a step efit to America’s seniors. cally necessary as determined by one’s towards price controls. ‘‘By making In that context, I wanted to specifi- doctor, not the insurance company. government agents the largest pur- cally, Mr. Speaker, make reference to The Republicans and Mr. Bush tell chasers of prescription drugs in Amer- the proposal that the Republican can- one to go out and see if one can find an ica,’’ Mr. Bush said, ‘‘by making Wash- didate for President, Mr. Bush, has insurance policy to cover one’s medi- ington the Nation’s pharmacist, the

VerDate 11-MAY-2000 05:12 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.098 pfrm02 PsN: H06PT1 H7254 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Gore plan puts us well on the way to thinks that we are going to solve the In early August, I had the oppor- price control for drugs.’’ prescription drug prices for seniors by tunity to travel around my district. I Now, what that says to me is that simply pushing them into HMOs, the visited about 40 communities and what Mr. Bush wants, he wants to do experience of the last 2 years shows talked to hundreds of seniors who are something that is going to help the that is simply not the answer. struggling to pay their prescription pharmaceutical companies, he wants to What we are facing here is a Repub- drug bills. I stopped in many phar- do something that is going to help the lican plan under the Republican can- macies and talked to many seniors who insurance agencies, the insurance com- didate for President that basically does brought in their prescription medicine panies; but he is not doing something not do anything for the average Amer- bottles. In fact, I had urged them to that helps the average American. ican senior. We have to realize now the bring in their empty medicine bottles We had time for the last month or so only way we are going to get real cov- to allow me to take them back to when we were all in our districts, and I erage for seniors is if we add a prescrip- Washington. This is one of them from had a lot of forums and town meetings, tion drug benefit to the Medicare pro- Kirbyville. many of which were with seniors. gram, which is exactly what the Vice I urged my seniors to use these Whether they were seniors or not, ev- President and the Democrats have been empty prescription medicine bottles as erybody talked to me about the price, proposing for the last 2 years. a way to send a message to the Con- the cost of prescription drugs. Now do With that, I yield to the gentleman gress that they are ready for this Con- my colleagues mean to tell me that from Texas (Mr. TURNER), a gentleman gress to do something about the high when we pass a prescription drug plan who has been outspoken on this issue cost of prescription drugs and to pro- we are not going to address that issue? and who I know really cares a great vide a Medicare benefit for prescription If we do not address that issue in some deal about the seniors in his district drugs. I have got at least four full way by at least saying this the Govern- and trying to solve this problem. I boxes of these, and it shows that the ment is going to try to have someone know he has had a number of forums seniors that I represent are tired of out there to negotiate a better price, over the last month or so in Texas, his waiting for this Congress to do some- then any prescription drug plan that is home State. We talked a little bit and thing. We have been working on this put into place is not going to really shared some thoughts today about how for over 2 years now, and the truth of solve anybody’s problem because the the response from seniors that we have the matter is it is time for this Con- cost is going to be too high. again been getting over the last month gress to act. The other thing I wanted to point has been really very similar. They are When I talked to the seniors in my out, and this is something that I said really crying out for reform. They have district, many of them had prescription before we had our August break, is that a problem. They cannot afford to pay medicine bills that run several hun- what Mr. Bush is proposing and what prescription drugs out of pocket. They dreds of dollars a month. I met seniors the Republicans proposed here in the are crying out for relief, which is what who are trying to make do by taking House of Representatives when we were the Vice President wants to achieve. their pills and breaking them in half; Mr. Speaker, I yield to the gentleman in session during the summer and the trying to get by and lower the cost spring has already been tried in at from Texas (Mr. TURNER). Mr. TURNER. Mr. Speaker, I thank that way. Others told me they just try least one State; and that is the State the gentleman from New Jersey (Mr. to take a pill every other day instead of Nevada. of every day as prescribed. I met sen- PALLONE) for yielding to me. It is good In the State of Nevada, back in the to be here and to share this hour with iors who are having to make the dif- springtime, they passed a prescription him and our colleagues on the Demo- ficult choice of whether to buy their drug plan that was very similar to cratic side of the aisle who have groceries or to fill their prescription. what Mr. Bush and the Republicans In the community of Navasota in my worked for so long now trying to pass have proposed; and that is essentially a prescription drug benefit for our sen- district I was there at a local phar- giving a subsidy, giving a voucher to ior citizens under the Medicare pro- macy that is located in a grocery store, seniors so that they can go out and try gram. and a lady came up to me, she did not to find their own prescription drug Mr. Speaker, 2 months ago the Re- know I was going to be there to talk plan, their own prescription drug pol- publicans tried to diffuse the issue by about this issue, and she just overheard icy through some insurance company. passing a bill on the floor of this House me so she stopped in to listen. After- In the State of Nevada, none of them by a very narrow margin that was sim- wards, she came up to me and she said, were sold. People tried to find a plan, ply a plan that told the insurance com- I just brought my prescription in yes- and there were no insurance companies panies to go out there and offer insur- terday and I had come back today to that was willing to sell it. ance policies for prescription drugs to pick it up. She said I was just back at The only thing that I can see hap- our seniors. They did it in spite of the the pharmacy counter and the phar- pening with Mr. Bush’s plan is that fact that, during the hearings on the macist told me that it would be $125. some of the HMOs will offer the cov- very bill, the insurance companies She said I told him he would just have erage because if they can take that came in and said that it was not going to keep it. I asked the pharmacist later voucher and add it to whatever seniors to work. In fact, the president of Blue if that was a common problem and he now get under Medicare, that they may Cross and Blue Shield said the idea of said it was. He said many people come be willing in some cases through HMOs a private insurance drug benefit, and I in and ask to have their prescriptions to take up the slack and perhaps pro- am quoting, ‘‘provides false hope to filled only to find that the price is too vide some benefits for prescription America’s seniors because it is neither high for them to afford. drugs. workable nor affordable.’’ In a Nation as prosperous as this Na- But the problem with that is that as Now we see that Governor Bush has tion is, and in a Nation that is as com- we know over the last 6 months and belatedly approached the same plan. passionate as we like to think and say over the last 2 years since more and we are, I believe it is time for us to rec- b more seniors have gotten into HMOs, a 2100 ognize that we can do something for lot of those HMOs are now cutting He simply says that we need to rely our seniors in helping them with the back. They are simply getting out of on private insurance companies to pro- cost of prescription drugs. the Medicare program. They are telling vide prescription drug coverage for our I had a lady in a little town of the seniors they have to have a higher seniors. It is quite interesting to note Teneha come up and hand me an enve- deductible, more of a co-payment, basi- that the Republicans and Governor lope, and she said to me, ‘‘Would you cally telling the seniors that they have Bush have said we can rely on private please read this on your way to your to pay more out of pocket. insurance companies to cover our sen- next stop?’’ When I got in the car I So I do not think pushing seniors iors’ prescription drug needs when at began to read this letter, and I want to into HMOs is the answer. I think there this very moment the private insur- share it with my colleagues. is a serious problem with managed ance companies are pulling out of pro- This lady that handed me the letter care, not that managed care is nec- viding Medicare+Choice plans for our had been in the insurance business for essarily a bad thing. But if Mr. Bush seniors. 19 years and she relates a story about

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.100 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7255 her deceased mother. She says, ‘‘Dear ance companies saying their most to the penny. What they need is a Congressman Turner: I am writing this Medicare+Choice HMO plans are can- specific defined prescription drug ben- in memory of my mother, who passed celed as of December 31. Many of those efit. away last November in Conroe at the are in my State of Texas. One would The Republican plan, the Bush plan, age of 87. My mother had multiple think that Governor Bush would under- does not give them that. The Bush Re- health problems that resulted in her stand that private insurance HMO cov- publican plan only gives them more having to take many expensive pre- erage for prescription drugs is not the questions. Seniors will not know how scription drugs for the last 20 years of answer, particularly in light of the fact much that plan costs them, seniors will her life. She was very active and able that hundreds of thousands of seniors not know what it covers, and seniors to live a full life in spite of her health across this country are being told no certainly will not know how long it problems, and was grateful for medica- by their HMO. will be there for them. tion that could help her. She very me- We have learned, I think, an impor- The Democratic plan is very simple. ticulously followed her doctor’s orders tant lesson, one that our Republican We know how much it is going to cost. on medication and diet. friends and Governor Bush also need to We have already talked about the cost ‘‘Like most people her age who lived learn, and that is we cannot rely upon of the Democratic plan. It begins about through the Great Depression and private insurance as a safety net for $24 a month and rises slightly over the World War II, she possessed much pride our seniors. Once again the Repub- period of increased coverage. It covers in self-sufficiency. She did not ask any- licans propose that private insurance 50 percent of the first $5,000 of prescrip- one for handouts. She believed in pay- can solve the problem. Recently, when tion drug cost and covers everything ing her bills first and foremost and Governor Bush announced his new above that, and it is a part of Medicare, maintaining good credit. People of this plan, he said he would begin to cover not some insurance company plan that era worked hard. And even though they prescription drugs in year 5 of his pro- may go away next year. That is the worked hard and paid the maximum posal by reforming Medicare, and for kind of security senior citizens want; through Social Security, their retire- the next 4 years he said he would give that is the kind of security that senior ment income is still not sufficient to $12 million a year to the States to citizens deserve. meet the total cost of retirement liv- allow them to do something about the The private insurance industry clearing, especially if there is a prescription problem of prescription drugs for sen- ly has to try to make a profit. They are drug bill every month of $300 or more. iors. not in the business of providing a safe- ‘‘My mother’s only income was her Now, the States tell us that they do ty net for our seniors. That is the ap- Social Security retirement income not want to have this ball. The Na- propriate role of government. We can- with a prescription drug cost of $300 a tional Governors Association has al- not afford to abandon our seniors to month. After her death, I discovered ready said, and I quote, ‘‘If Congress those same HMOs that have been drop- that her major indebtedness was a decides to expand prescription drug ping them all across the Nation to credit card with over $6,000 on it. I in- coverage to seniors, it should not shift date. Our prescription drug benefit quired and determined that it was the responsibility or its cost to the plan is universal, it is affordable, it is practically all for prescription drugs. States.’’ Why should we give money to understandable, and it is voluntary. If She used the card when she needed our States to subsidize insurance com- there be any senior who chooses not to medicine and had no money left in the panies instead of just using the money sign up for the Medicare prescription bank. She knew that the account could to provide meaningful prescription drug benefit that we propose, they sim- be paid off when her modest home was drug coverage under the traditional ply will not have to pay the premium. sold. Because of her pride and self-suf- Medicare program that seniors under- So our plan, I think, is the one that ficiency, I did not know this until her stand and trust? The insurance compa- seniors deserve, and I hope that we can death.’’ nies are abandoning our seniors right continue to push until this goal is ac- It is of quite a surprise, I am sure, to and left, and yet our Republican complished, hopefully in this Congress, this lady, to know her mother had to friends continue to say that insurance, but, if not, in the future I am confident charge her prescription drugs on her private insurance, can take care of the that we will prevail. credit card and run up a $6,000 bill just problem. Mr. Speaker, I yield back to the gen- to be sure she could take her medicine. Medicare was signed into law by a tleman from New Jersey. These stories and many like it were great Texan, Lyndon Johnson, in 1965, Mr. PALLONE. Mr. Speaker, I want repeated to me over and over again as in a day when prescription drug cov- to thank my colleague from Texas be- I traveled around my district during erage was not nearly as important as it cause he really lays out the differences our August work period. These people is today, because prescription drugs between the Bush Republican plan and that I talked to are in desperate need were a very small percentage of our the Gore Democratic plan, but there of some help. We need sound policies total health care cost. Today it is a were two things I just wanted to com- and a meaningful prescription drug much larger percentage and a much ment on because I thought they were coverage plan, not empty promises, not more serious problem. After 35 years of so important. press releases. protecting our seniors, we should be First, the gentleman pointed out Today, the problems of the drug cri- strengthening Medicare with a pre- that when he talked about these pri- sis has reached a new crisis. This is scription drug benefit, not dissolving it vate insurance-only policies that the brought about by the fact that all in favor of private insurance companies Bush Republican plan is relying on, across our country seniors who signed out to earn a buck when we already they are assuming that there is going up for these so-called Medicare+Choice know from our current experience that to be a voucher of some sort that sen- plans, offered by the big HMOs as a private insurance companies cannot be iors are going to be able to take with substitute for regular Medicare, have relied upon. them and go to buy this private insur- been canceling their coverage of our We only need to look back to see ance policy for prescription drugs. It is seniors. Hundreds of seniors told me what has happened to seniors across illusory. It is not going to happen. The that they personally received these no- this country in recent months. In rural reason is very simple, which is that in- tices of cancellation to be effective on east Texas, the area of the country surance companies do not provide bene- December 31 of this year. In the 19 that I represent, 65 percent of our sen- fits, they insure against risk. We know counties in my district, as of the end of iors on Medicare do not have access to that almost every senior is going to December, 15 of those counties will any of these Medicare+Choice plans have to use prescription drugs, so it have no Medicare+Choice HMO option that offer prescription drug coverage. makes sense to put it as a benefit offered to them. What are we going to do for those when under the existing Medicare program All across this country seniors are the Republican plan goes into effect? rather than look at it as some sort of receiving similar notices of cancella- Seniors in my district know what their risk. Insurance companies are not tion. In fact, at last count there were Social Security check is down to the going to provide coverage when they over 900,000 seniors in this country that penny. They know how much rent they know that every senior would actually are receiving notices from their insur- pay and they know their other bills al- benefit and take advantage of the plan.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.101 pfrm02 PsN: H06PT1 H7256 CONGRESSIONAL RECORD — HOUSE September 6, 2000 That is why these insurance policies My parents have their rows of pill to reform it by transforming it; we are were not sold in Nevada and why they bottles. And certainly the industry has going to turn Medicare over to HMOs will never be sold anywhere else. done a great deal to extend people’s and insurance companies and you will The second thing is that the Bush Re- lives and to improve the quality of peo- all be better off. publican plan is sort of a cruel hoax. ple’s lives. But the fact is that these Now, of course, it is true that when The gentleman laid out that during the medicines do no good for people who you look at the experience of HMOs in month or so that we were back in our cannot afford to take them and there Medicare now, they are leaving the districts and Congress was not in ses- are millions and millions of Americans, program. Seniors are being dropped all sion that he talked to real people, as at least 13 million seniors alone, who across this country. And the coverage did I, and they are suffering. They are simply have no coverage at all for their is very uneven. For about somewhere making choices; dividing pills, having prescription drugs. between 14 and 15 percent of seniors in to make choices between food and pre- It has got to be tough to be a Repub- this country, they get prescription scription drugs. When the gentleman lican these days because watching Gov- drug coverage through a managed care went to a lot of the towns in his dis- ernor Bush try to thread the needle, as plan. But the number who get their trict, he knew this was a real problem. the House Republicans did before, we coverage that way are falling off. In my home State of Maine, as of a b 2115 see the same kind of exercise. On the one hand, they want to sound like month or two ago, there were a grand I feel that what Governor Bush has Democrats, they want to sound as if total of 1,700 seniors who got their pre- proposed is just something that is illu- they are reforming Medicare, they are scription drugs through a Medicare sory and is there to give the impression providing a Medicare prescription drug managed care plan. As of January 1, that somehow he wants to address the benefit. But because they do not really there will be none. We will have no problems that these real people have. want to strengthen a government pro- Medicare managed care in Maine; And he has really only come up with it gram, which is what, of course, Medi- therefore, no way for seniors to get in the last few weeks because AL GORE care is, they have to figure out some prescription drug coverage through a has been out there talking about the other way to do it. managed care company in my State. Democratic machine and it has gotten It is so different from the private sec- There simply will be no way. a positive response. So all of a sudden tor because people who are employed Governor Bush, in presenting his Governor Bush had to come up with and have their insurance through plan, and the Republicans in the House, something, knowing full well that it is Aetna or Cigna or United or a Blue in presenting their comparable plan not going to work. And I think that is Cross plan may very well, and probably here some time ago, always said, We a real cruel hoax on these people that do in many cases, have prescription are going to leave it up to the con- we have been seeing every day for the drug coverage provided by the health sumer. It is their choice. Well, it is not last month that are crying out for care carrier. their choice if there is no plan to chose some relief. But the Republicans are completely from. I want to yield to my colleague, the adverse to having Medicare provide a And whose choice is it really? What gentleman from Maine (Mr. ALLEN). prescription drug benefit just as those they are really talking about when it Again, I know that he has been out private sector plans do; and so they go comes to choice is not the choice of the there talking about the problem of through all sorts of contortions to consumers; it is the choice of the insur- price discrimination because so many argue against the simplest, most cost- ance companies. Because they are the seniors now that do not have coverage effective, fairest system possible, ones who will decide the premiums, the and have to buy prescription drugs at which is a Medicare prescription drug copays, the benefit levels. And those the local pharmacy out of pocket pay benefit. benefit levels, those premiums, those significantly higher prices than those I want to comment a little bit on the copays can change year after year after who are in HMOs or some kind of an Bush plan because it is so much like year. employer plan that is able to buy the what our friend on the Republican side I have talked to a lot of seniors in prescription drugs in bulk and nego- threw up in this House some time ago. my district, and what they want and tiate a good price. The interesting thing about this what they need is stability and con- The thing that really bothered me plan, among many interesting things, tinuity and predictability and equity. was the fact that, in laying out his is, first of all, he says we are going to They need to know that what they had plan today, Governor Bush actually provide a subsidy of 25 percent for peo- for a benefit last year will be there criticized the Democratic plan, the ple over the lowest income level, we next year and the year after and the Gore plan, because it tried to address are going to provide a subsidy of 25 per- year after, and they want to know if the issue of price discrimination that cent of the premium. And so the logical there is a copay that it will be about somehow even making this attempt question to ask is, Well, how much is the same year to year to year. And was a bad thing, and yet that is the the premium? Because then we will most of all, they want to know that the biggest problem that seniors face right know how much the subsidy is. And the plan will be there. now and everyone faces because of that answer is, Well, there is no information That is what Medicare provides. price discrimination. on that because the premium will be Medicare provides a guaranteed benefit Mr. Speaker, I yield to the gentleman offered and chosen and decided by a set that will be there year after year after from Maine (Mr. ALLEN). of private insurance companies. And so year. Mr. ALLEN. Mr. Speaker, I thank then the question is, Well, how much All of my colleagues on the other the gentleman from New Jersey (Mr. will the deductible be? And there is no side who attack Medicare over and over PALLONE) for all his good work on this answer to that because the deductible again as a bureaucracy are ignoring issue and will begin by saying he is ab- will be decided by HMOs and other in- the fact that the HMOs and the other solutely right, people know that the surance companies. insurance companies are bureaucracies amount they are spending on prescrip- Then there is the question of the in themselves, but they are much more tion drugs is going up and up, that copay and how much will the copay be. expensive and much more unfair and drugs themselves are getting more ex- Same thing. There is no answer to any much more unpredictable than Medi- pensive. of those questions. There are no de- care. As people get older, they use more tails. And the reason is they cannot Mr. PALLONE. Mr. Speaker, I yield and more prescription drugs. My col- abide the thought of strengthening to the gentlewoman from Florida (Mrs. league was talking a little earlier Medicare, they cannot abide the THURMAN). about how many people use prescrip- thought of really modernizing Medi- Mrs. THURMAN. Mr. Speaker, after tion drugs. Well, for seniors it is 85 per- care. what Maine has done, which is kind of cent. Eighty-five percent of all seniors When the Republicans talk about the leader in the country right now and take at least one prescription drug; and modernizing Medicare, watch out. Be- I think through the leadership that the many, as we know, take more than cause they are not modernizing it. gentleman from Maine (Mr. ALLEN) has one. They are basically saying, we are going provided here in the House, they came

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.102 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7257 back in their legislature with a very advantage to what we are trying to do and thought they had made the right strong bill based on many of the stud- in this whole debate is to never take decisions to provide for their senior ies that we have done in our districts something away from something, only years. about the cost of what has happened in to add to those that have nothing. b 2130 Canada and what has happened in Mex- Mr. PALLONE. Mr. Speaker, reclaim- ico. ing my time, I yield now to my col- They would know that we have got to But when we talk about these plans league, the gentleman from Arkansas do something about this problem, and with the insurance companies, I will (Mr. BERRY), who again has been one of it is time to have a prescription drug say to my colleague, and I think that the main proponents of increasing benefit for Medicare. The Democratic many of us know this, is that in the health care access and addressing the plan will use the purchasing power of Committee on Ways and Means, we ac- problem of prescription drugs and has our seniors covered by Medicare to ne- tually had the chairman of the insur- been working on these health care gotiate large discounts from drug mak- ance industry and I asked him the issues for some time. ers. I believe Governor Bush said yes- question, I said, Mr. Kahn, I said, do Mr. BERRY. Mr. Speaker, I thank my terday that that would be a dangerous you believe that insurance companies colleague, the gentleman from New thing to do. It might actually reduce by a little bit the outrageous profits of will offer a stand-alone drug benefit? Jersey (Mr. PALLONE), for yielding me these drug companies. They might ac- And do my colleagues know what his the time. He has done a great job in the tually even have to cut back on some answer was? No, absolutely not. They leadership of health care in this House, of the tremendous salaries that they have no interest in going into any of and we appreciate what he has done. He pay the people that run these compa- our districts to cover any of the folks, has been at this longer than I have. nies, and that would be too bad to cut whether they have been on HMOs or It is also nice to join my colleague, some of those folks back under maybe whether they are in a Medicare pro- the gentleman from Texas (Mr. TURN- $100 million a year. ER), the gentleman from Maine (Mr. gram stand-alone, a fee-for-service. The Republican plan is a cynical ALLEN), and the gentlewoman from They have no interest in this. The risk game being played with our seniors’ Florida (Mrs. THURMAN). I appreciate is too high for them to take. And we health, a shameful attempt to deceive their efforts on behalf of the American know that insurance companies work our seniors. They have proposed a large off of risk. And because the sickest people to see that our senior citizens first step toward privatizing Medicare would be the ones going into these pro- have a decent prescription drug benefit and forcing our seniors to deal with grams, they cannot afford to offer a with Medicare. private insurance companies to get the We stand here this evening the great- plan. care and the prescription drugs that est Nation that has ever been in the So what my colleague is saying here they need. The insurance companies is exactly right. It does not matter how history of the world. There has never say they do not want it. They do not much money we offer as far as a tax de- been another country that has the eco- want anything to do with it. That is duction, and nobody has told me nomic, the military, and the political why we have to have Medicare. Medi- whether or not they have a liability or power that this country does. And yet care is a success. no liability on their deductions, we do our senior citizens, many of them, mil- You can ask the Republicans, ‘‘What not even know that part of it yet, even lions of them, are going to go to bed to- does it cover?’’ And they will tell you, though it seems to be based just to night and not have enough to eat or ‘‘Well, we don’t know.’’ Then you can those that are the very low-income not have the medicine they need be- say, ‘‘How much does it pay?’’ And seniors. So my guess is that it would cause our prescription drug manufac- they will say, ‘‘We don’t know.’’ Then only be for those who have tax liabil- turers are simply robbing them of that. you can say, ‘‘What are the pre- ity; there is no plan out there. Medicare was even admitted to being miums?’’ And they will say, ‘‘We don’t And we are hitting the same thing in a success by Governor Bush yesterday, know.’’ They do not want to see drug Florida. I mean, in one of the counties even knowing that the former speaker, companies’ exorbitant profits damaged. that I represent, in Hernando County, Mr. Gingrich, and his colleagues in the That is what the interest is in the plan we had 9,000 seniors dropped from two majority have vowed for years that that Governor Bush put forward yester- Medicare Choice programs. Two. These they would see Medicare wither on the day, that, and continuing to try to de- people are afraid because there is no- vine, I believe is the way they put it. stroy Medicare as we know it. body there to pick up this prescription What we know, and we do not have to Their plan only provides subsidies to drug benefit, and they do not know spend all of August in the First Con- their insurance companies, the donors what they are going to do. gressional District of Arkansas to find and the pharmaceutical companies’ Mr. PALLONE. Mr. Speaker, reclaim- this out, we can go to any congres- profits rather than giving any direct ing my time, what I said before in re- sional district in the country, this is a assistance to our seniors. It does noth- sponse to what the gentlewoman said, real problem for real people; and it is ing to see that Americans can buy pre- we had the example in Nevada that im- causing real pain, and it is time that scription medicine at the same price as plemented the Republican plan almost we do something about it. every other country in the world and exactly what Mr. Bush and the Repub- As Congress takes the next month or we pay two to three times as much in licans in the House have proposed 6 so to wrap up legislative business for this country. Their plan is based on the months ago, and not one insurance this year, there is simply no excuse for discredited theory that private insur- company has offered to sell that kind leaving seniors and the disabled with- ers will offer affordable prescription in- of a policy. out a reliable prescription drug benefit surance if they are given enough gov- So we do not even have to take the under Medicare. ernment subsidies. But the HMOs and word of Mr. Kahn. We have an example The Republican leadership has reluc- the insurance companies just simply in a State where there is no policy of- tantly been forced to put forward what say this will not work. fered. they call a plan because of the over- It is also unlikely that the country Mrs. THURMAN. Mr. Speaker, if the whelming public outcry created by rap- will be able to pay for prescription gentleman will continue to yield, I idly escalating, outrageously profitable drug coverage under Medicare because think one of the things that is signifi- prescription drug prices charged by the Republicans are continuing their cant about the plan that is being of- manufacturers. attempts to squander any available fered by the Democrats is that it is a Being forced to develop a plan, the moneys on tax cuts that are dispropor- voluntary program. And, in fact, if peo- best Republican leaders have been able tionately benefitting the wealthy. The ple want to stay in their HMOs and to do is to listen to their friends in the American people want a prescription those HMOs are not pulling out, we pharmaceutical industry. If they had drug benefit for our seniors, and it is also provide about $25 billion to them traveled with any of us over August time for this Congress and the next to make sure that we strengthen those and listened to the stories that we President to recognize the tremendous HMO Medicare Choice programs that heard, every one of us heard, and they need that our seniors have and do the are available and that are left in this are heartbreaking, these are people right thing and pass a legitimate pre- country. And I think that is an added that worked hard, played by the rules, scription drug benefit for Medicare.

VerDate 11-MAY-2000 04:51 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.105 pfrm02 PsN: H06PT1 H7258 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Mr. PALLONE. I want to thank the after all the administrative costs and Maine (Mr. ALLEN) talking about the gentleman. Certainly he speaks the the overhead and those executive sala- issue that it is so very true that pri- truth about what we are facing and ries, you are talking about 30 percent a vate insurance companies are not the how the Bush Republican plan does not year. And they are picking and choos- answer, and I think our senior citizens address the problems that we were ing among the people they want to understand that. I think they under- hearing about during the August recover. So the fundamental fact is that stand full well that Medicare works, it cess. if we are going to have a cost effective has served them well, and the seniors I yield to the gentleman from Maine. system, it is going to be through Medi- that I talked to in August who had re- Mr. ALLEN. I thank the gentleman care. If we are going to have a fair sys- ceived these notices of cancellation, for yielding. I do not think that anyone tem that covers everyone, it is going to seniors that had signed up for these says it better than the gentleman from be through Medicare. If we are going to Medicare+Choice plans simply because Arkansas (Mr. BERRY). He is a phar- have a system where people can predict they offered them some prescription macist himself. He knows what he is their premiums, their copays, their de- drug coverage in addition to the reg- talking about when it comes to the ductible from year to year to year to ular Medicare coverage, those seniors things that people are going through. year, it is going to be through Medi- understand that you cannot count on I wanted to come back for a moment care. It is simply wrong to take this private insurance, and it is just as the and talk about one part of the Bush issue that is just really doing enor- gentleman from Arkansas (Mr. BERRY) plan that was announced yesterday or mous damage to our seniors now, peo- said a minute ago, the Republican plan the day before and that strikes me as ple who cannot afford their prescrip- offered by Governor Bush does not as- completely unrealistic. What he is say- tion drugs and their food and their rent sure any senior what it is going to cost ing is we are going to provide $48 bil- and basically to say to them that we them, does not guarantee them what it lion over 4 years in terms of grants to have got to wait until we can trans- is going to cover, does not tell them the States in order to provide imme- form Medicare by turning it over to what the deductibles are, and it cer- diate relief for seniors who need help. HMOs and insurance companies and tainly does not promise them that it is There are several points to be made. then if we give them enough money, going to be there because, as we have The first point. The fact is that the maybe they will give you prescription learned, these HMOs can pull out any people who are suffering the most are drug insurance. It is pathetic. time they want to. Our plan is under- not necessarily those with the lowest Mr. PALLONE. I agree. Just one standable. We have already laid out the income. They are the people with the minute and then I want to yield to the cost to seniors. It is going to be avail- highest prescription drug cost. I was gentleman from Texas here because he able to everybody on a volunteer basis. talking to a man up in Waterville not has been waiting. When I had my sen- Seniors can get the prescription drug so long ago, Waterville, Maine, who ior forums in August in New Jersey, their doctor prescribes. And they are had owned his own garage, his own the people that came were the people going to know that it will be there, not auto repair business, he and his wife that could not take advantage of the just today but tomorrow as well. were now retired but they were not existing State program in New Jersey. Now, that is what our seniors need. quite 65 and they had a little bit of cov- Let us face it, if you are below a cer- The choice that Governor Bush was erage for their prescription drugs that tain income, very low, then you have talking about is a choice of confusion. they would lose when they hit 65. His Medicaid and you have prescription He is saying that private insurance wife’s expenses and his together were drug coverage, not maybe as all inclu- companies are going to be offering all already running at $1,000 a month. He sive as we would like but something. kinds of plans and you can just choose was terrified as to what would happen In New Jersey, we have a program fi- the one you want. The truth is, that is to him when he hit 65, he lost his cov- nanced with casino revenue money a false promise. It has not worked in erage, there is no coverage under Medi- from Atlantic City that pays for people Medicare+Choice with over 900,000 sen- care and he knew he would be in great just above that. But that program in- iors in this country receiving a notice trouble. So there is one problem. Peo- creasingly is running out of money be- that as of December 31 their ple all up and down the senior income cause the revenues are not keeping up Medicare+Choice plan is going to be ladder have difficulty paying for their with the cost of all these drugs. But canceled. prescription drugs. the people that came to my forums, Medicare is a good program. It has The second problem is this: There are and my district is not an affluent dis- served us well since 1965 and there is only 16 plans, 16 States in the country trict, it is about middle of the road, absolutely no reason to abandon it. We which have functioning programs for middle income, most of the people were need to pass the Democratic plan. It is the low-income elderly. Now, five not eligible for either of those pro- the plan that seniors can understand States have passed legislation to get grams. That is the rub. It is those peo- and that they need. them to that place and there are a couple, it is the middle class that do not Mr. PALLONE. We have about 4 min- ple of other States trying innovative have the benefit. utes, so I would like to split the time things, but when you look at the num- What I wanted to say, what you were between my colleague from Florida and ber of people covered by these plans, talking about specifically is that it is my colleague from Arkansas. you are talking about somewhere be- funny, I heard Governor Bush keep I will start with my colleague from tween, in most cases, with the excep- talking about choice, how the Repub- Florida. tion of three States, somewhere be- licans were going to give choice. There Mrs. THURMAN. As we are in an era tween 5,000 and, oh, roughly 50,000 peo- is no question there is more choice in of when we are talking about surpluses ple in the entire State. These programs our plan. It is a voluntary plan. You do and times of when things are fairly are not working. They are not avail- not have to sign up for part D if you do good, things may not always be this able. They would have to be created. not want to. If you want to keep your good. One of the things that we have to Certainly Texas does not have any State prescription drug plan, you can if remember is that it is our job to pro- form of low-income assistance for the you are a certain income. If you have tect Medicare and the solvency of that elderly, prescription drug insurance. an employer-based retirement plan and trust fund. Quite frankly, one of the These plans are not able to pick up the you want to keep it, if you want to go things that I see in this debate that slack any time soon and if they did, to an HMO, you can keep it. The bot- gets forgotten is that under Medicare they would be misguided. tom line is everybody is guaranteed the today, we pay for prescription drugs as The fundamental problem is this: coverage under Medicare. That is what they are needed in the hospitals. When Medicare is a Federal health care plan. is so beautiful about the Gore Demo- we bring somebody in to stabilize Republicans do not like that. They do cratic plan and so different from what them, we provide them with those not like the plan, but Medicare is a Bush and the Republicans are pro- medicines. But when we let them out of Federal health care plan. It works. It is posing. the hospital and they walk into that cost efficient. Its administrative costs I yield to the gentleman from Texas. pharmacy and all of a sudden they are run about 3 percent a year. When you Mr. TURNER. I just want to say told that what they had to have in the turn to the private insurance industry when I heard the gentleman from hospital now just costs them $400 a

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.107 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7259 month and they cannot pay that and gentleman from Colorado (Mr. Mrs. THURMAN. The gentleman does they have to make that decision of MCINNIS) is recognized for 60 minutes. not want to debate. what drug they take that month or Mr. MCINNIS. Mr. Speaker, good Mr. McINNIS. Mr. Speaker, I say to that week or that day as versus what- evening colleagues. the gentlewoman I love to have a de- ever other expenses they might have, I note that I am kind of outnumbered bate that is not one sided. That is why we are also costing this system mil- here five to one. The gentlewoman I am taking time away from the death lions of dollars every day because we from Florida (Mrs. THURMAN), whom we tax, which I intend to talk about. let them out of the hospital after we just heard, said we have had a good de- Mr. PALLONE. Mr. Speaker, does the have stabilized them and then we, 2 bate here. I wish that my colleagues gentleman from Colorado want to hear months later, find them back in the would understand that we have only from us? I am just asking. same situation as we left them before. heard one side of the debate. In fact, SPEAKER pro tempore. The gen- And we are thinking to ourselves, we what we have heard are five individuals tleman from Colorado has the hour. want to make the solvency of the Medi- who are highly, in my opinion, speak- Mr. McINNIS. Mr. Speaker, the key here is my colleagues can come across care program, we want to continue the ing the partisan tone and presenting the party aisle, Democrats and Repub- program. The only thing we can do, one side of the case. licans come across the party aisle, contrary to whatever anybody else Now, my remarks tonight really are George W. Bush ought not to be criti- says is, this has got to be a Medicare going to center on the death tax, but I cized in the late hour of the House of program. It has got to be done under cannot go without at least rebutting Representatives by a very partisan the Medicare program. It is good for some of the comments that were made. I refer to the gentleman from Arkansas team who are out strictly to destroy the solvency and it is good for the pa- (Mr. BERRY), the pharmacist. This is a any kind of proposal that George W. tient. Bush comes up with. Now look, my col- I think we really have to take all of closest I have ever come, colleagues, to leagues may not agree with everything these things into account. I would love asking that the words be stricken from that George W. Bush says, but is the to talk to my pharmacist, the gen- the RECORD after I listened to the gentleman from Arkansas over here. whole concept, every line of it intended tleman from Arkansas (Mr. BERRY), This gentleman from Arkansas (Mr. to destroy Medicare? Of course it is and thank all of us for being here to- BERRY), the pharmacist, in my opinion, not. It is just the same as GORE and night. This is a good debate and it has totally mislead the public when he Clinton, they have come up with some needs to be had in this country. says that the Republicans or the Demo- ideas. But should my colleagues just in Mr. PALLONE. I yield to the gen- crats or any elected politician wants to blank say because it was GORE or be- tleman from Arkansas. do away with Medicare. It is exactly Mr. BERRY. Like many of you, I cause it was Clinton that it ought to be what the gentleman said, that the Re- destroyed? No. know that many of you have held pub- publicans want to do away with Medi- I think my colleagues owe it to the lic forums and senior meetings and all care. people that we are elected to represent, of those things over and over again, Now, tell me, colleagues, tell me one to go on a very constructive fashion, as into the hundreds. I hear a lot of criti- elected official on this House floor, I intend to do here in a few minutes cism about a lot of things, about the Democrat, Republican, eastern, west- talking about the death tax and talk government. We all do. I have never ern, northern, southern, show me one about the pluses and the minuses, talk had anyone tell me, ‘‘You ought to do elected Congressman that wants to do about the details of it, talk about the away with Medicare.’’ I do not under- away with Medicare. That is about the fine print. stand. Our seniors like Medicare. It is a grossest misrepresentation that I have I saw an excellent article today, I good program. It works. It is success- heard on the RECORD on Special Orders. pulled it out of the newspaper, The ful. It is what they need. They just I want to continue to go on. I mean, Washington Post, it says 12 questions need a prescription drug benefit to go the only way that we are going to be to ask about the proposals of AL GORE. along with it. I just simply do not unable to help the senior citizens of this ‘‘If the projected budget surpluses on derstand why Governor Bush and the country and not, by the way, just the which you are basing your spending Republicans are so determined to de- senior citizens but a lot of other people plans do not materialize or come up stroy it. Why would they want to do who also face high prescription serv- short, which promises will you put on that to our seniors when we know this ices, is to work as a team, and not to hold? is the only way we can provide decent develop highly partisan comments late The reason I bring these questions up health care protection for our senior at night, late into the hour when most to my colleagues on the Democratic citizens, and it is absolutely a mystery of our colleagues are off the floor, not side is, look, I realize that it is an elec- to me why they would engage in this to use the tactics of fear, which seem tion season, it is the time for promises. attempt, this shameful attempt, to de- to be the tactics that some of these It is almost if you are a teacher telling stroy Medicare that has been such a previous speakers have used: the senior all your kids whatever wishes you want wonderful thing, and will continue to citizens are going to be trashed, the to come true, I will grant them, just as be if we add a prescription drug benefit senior citizens Medicare program is long as I get my contract renewed. to it. going to be destroyed by the Repub- Look, somewhere you are going to Mr. PALLONE. Mr. Speaker, I want licans, all the Republicans care about have to face these voters and you are to thank everyone for participating in are the pharmaceuticals. going to have to tell them how you are this tonight and make the point that We can sure tell we are about to going to pay for this. If you want to this is our first day back in session, but come up to a national election, can we talk about socialized medicine, talk we are going to keep at this. We are not? That is not how we are going to about it as socialized medicine, be up- going to keep demanding that the Re- resolve this problem, and you know it front with our constituents. They are publicans take action and that the Re- is not how we are going to resolve this not dummies. In fact, they elected us publican leadership allow the Demo- problem, so do my colleagues that have to come back up here so we will speak cratic proposal to be considered and conveniently just left the House floor. frankly to them, so that we will talk to that we pass a prescription drug pro- What team do they want to be on? Do them. This is what it is going to cost gram under Medicare that really is they want to be on a team that really you. meaningful because that is what the can go out and help people with high Take a look at your tallies. Just in people need. It has to be addressed. It prescription medical services or pre- today’s Washington Post, GORE prom- should be addressed between now and scriptions? ises another $300 billion, the Medicare when we adjourn, not next year. Mr. PALLONE. Would the gentleman program, the pharmaceutical program. f yield? Some of these are needs that we have Mr. MCINNIS. The gentleman had 1 to address. But as we begin to address DEATH TAX hour totally unrebutted, and I intend them and as we begin to critique other The SPEAKER pro tempore (Mr. to rebut it with the next hour. people’s programs, we ought to keep a SCARBOROUGH). Under the Speaker’s an- Mr. Speaker, I have control of the little cost tally on the right-hand side nounced policy of January 6, 1999, the floor. I have control of the House. to see if we can afford them.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.109 pfrm02 PsN: H06PT1 H7260 CONGRESSIONAL RECORD — HOUSE September 6, 2000 It is kind of like going to the car nation of the death tax, did not call for piece of equipment. The day they pay dealership and saying all right I prom- the status quo of the death tax, in those pieces of equipment off, more ised my son this car and I promised my other words, keep the death tax abso- likely than not, they will be in that daughter this car, my other daughter lutely the same. Instead, the President bracket that the President calls the this car, my other son this car and my this year in his budget which was sub- special privileged. wife promised me this car, and I prom- mitted to this Congress actually in- How about for farming? If you own a ised her that car. At some point the creases the death tax by $9.5 billion. tractor, a combine and a few cows and salesman is going to stop and say, Con- Again, the President does not elimi- your pickup truck, watch out, because gressman MCINNIS, can you afford what nate the death tax. The President does you are now in the category of what you are promising all of this family? not keep the death tax neutral. The the President and the Secretary of Are you really serious? Are you really President increases the tax by $9.5 bil- Treasury called the elite few, only going to deliver the money to provide lion. No wonder he vetoed this House of those 2 percent. Not only that, as I these cars for your four, five children Representatives’ and the U.S. Senate’s started to point out earlier, let us say and your wife and your wife for you, or proposal to eliminate the death tax. that you have an estate that is hit by are you just talking? Are you just try- Tomorrow, every one of us is going to the death tax, and you pay the taxes on ing to get me excited as a salesman? have an opportunity to cast our vote that. So you pay them here. Let us say I am afraid that is what the previous on that tally board up there as to your father or your grandfather paid hour just did. It is an effort to get peo- whether or not we think fundamentally for that in 1970, then that same piece of ple excited about this upcoming elec- the death tax is a fair tax to have in property, although it has already been tion by giving them, in my opinion, this system. taxed, and by the way, almost all of distorted and inaccurate information. Now, I have heard on the August re- the death tax is a tax on property that That is pretty strong terminology, but cess, I heard some of the rhetoric com- has already been taxed. You already do you think that the gentleman who ing out to justify a death tax in this paid income tax on it. You already paid is a pharmacist, the gentleman from country: Well, it is only for the capital gains on it. You already paid Arkansas (Mr. BERRY), the Congress- wealthy; well, it is only just for a few any other type of tax, with the excep- man here, can fairly stand up in front people in this country. Well, it is self- of my colleagues and say that George tion of some IRAs. ish for you to think of doing away with What happens here? Here is property W. Bush’s plan and the Republican plan the death tax. Every one of those de- that is already taxed. It gets taxed their whole intent is to destroy Medi- fenses, every one of those items of care? Give me a break. when your grandfather died. Your As I said earlier, there is nobody on rhetoric avoids the basic question, and grandfather, let us say, was fortunate this floor, nobody in an elected office, the basic question is should a govern- enough to be able to pass some of it on not a county commissioner, not a city ment based, as a democratic govern- to your father, and when your father councilman, not a governor, not any- ment of the United States is based, dies, this same property that was al- where in the country that wants to de- should it have a tax based simply on ready taxed 30 years ago gets taxed stroy Medicare; and using that kind of the event of a death? again, generation after generation. In It is not based on what you have fear tactic on our senior citizens is un- other words, every generation that justified. earned. It is not an income tax. It is comes on to the farm, one of their Constructive criticism is welcome. not based on a Social Security-type of highest priorities is not how do you That is exactly what this House floor is tax. It is not based on a you-sell-some- grow better potatoes, how do we get for, constructive criticism. But to land-for-a-huge-profit, a capital-gains more production out of our cattle, how come up here and patently mislead, in type of tax. This tax is based strictly do we grow better wheat, how do we do my opinion, is very unfortunate, and on the event of your death; that is the this or do that better? only justification for that tax. You that is really frankly what gives people b 2200 kind of a bad taste in their mouth died, the Government gets to tax you. about politics in this country. By the way, take a look at how this The first question of this generation Let me move on to something which goes. Let us give you an idea who of young people that want to go into I intended to speak about the entire qualifies for this. Let us say you are a small business or want to go into a time. My wife and I have faced it, rancher or a farmer, and I was ap- farming operations their first question many of our young people in this coun- palled, by the way, when I was driving is, Gosh, how do I make enough money try, the young people, I am talking in a car in my district out there in Col- to pay for the day when mom or dad about the people in their 20s, the peo- orado listening to the newscast about die and I have to pay for the estate tax ple that are going to college for an edu- President Clinton vetoing this death or I get kicked off the farm? cation, the young people of our country tax, and I was appalled to hear some That is the wrong place. The United that have dreams, I am talking about professor, I do not know where he came States of America should not be the the next generation in their mid-40s from, but some professor say, well, country where the first question you such as myself. That generation has there has never been a family farm in ask is how do I pay the government been able to realize a part of their America lost because of the death tax. taxes for the event of death? In our dreams, and then I am talking about I about drove off the road. I feel like country, the reason we are such a great the generation ahead of me that have getting that person, that professor, country is because the first question in realized their dreams, but their biggest getting him out of the ivory tower, history we have always asked is how dream is to see what they can do for grabbing him by his necktie and say can we do it better? What can we do to the generation that is behind them or why could you not come out to the increase proficiency on this farm or the generations that are behind them. rural parts of this country and see proficiency in this small business? I cannot think of a more funda- what this death tax does to us. Take a Well, tomorrow we are going to get a mental question in front of all of us to look at the impacts to the community chance, and the American public, col- decide whose team you are on then to and take a look at the impacts genera- leagues, are going to see where you are, vote tomorrow. The vote we have on tion after generation. which side of the team you are on. Ei- this House floor tomorrow is a vote to You know what it takes to qualify? ther you want a death tax, either you override the Presidential veto on our Let us say a young person, they are 20 support the government being able to bill that passed this House. By the way, years old, 25 years old, they just get go to every citizen in this country who I think it was 65 Democrats. So some of out of college or they just get out of has been successful and qualifies. What the Democrats, not the leadership, but some type of technical school and they you are supporting tomorrow if you do some of the mainstream Democrats want to start a construction company; not vote to override Clinton, in other more conservative Democrats crossed and let us say they buy on credit, they words if you go along with Clinton, the party aisle and voted to eliminate buy a truck, they buy a bulldozer, they what you are supporting is a tax on the the death tax. buy a backhoe and maybe they buy event of death that is punitive. The President, by the way, this year some other type of equipment, say a Those of us, and I stand here very in his budget did not call for elimi- cable layer or maybe a smaller type of proudly to tell you I am going to be

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.111 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7261 one of the first votes to cast an over- the death tax is that success of that in- ness, or, as in my wife and my case, be- ride on the presidential veto, those of dividual, sure, that individual was cause we do not own a business, to at us, and I am confident we will pass it wealthy by most of our standards, but least have a little money for a down out of here, with Democrats across the what happens is they take the money payment on a home. party aisle, those of us who vote to from that individual’s estate, they do That is the dream that can be eliminate the death tax stand on the not leave it in the community and say, trashed by your own government. Who other side of the team. look, we are going to require that the would have ever imagined our fore- I have listened to some arguments, estate continue to distribute into this fathers when they wrote that Constitu- some other rhetoric that has come up, community, the monies to the local tion and when they talked about taxes but before I get into that, let me point church or to the local United Way. No. in that Constitution, that the govern- out something else. The rhetoric has as What happens is the government ment would tax the event of death, its base a focus on the 2 or 3 or 4 or 5 takes the money and transfers it out of and, furthermore, they would take that or 6 percent of the people impacted by your community, any community USA, tax from the local community where- the estate tax. Now, remember the takes it out of your community and upon the death occurred and the person death tax, and I should correctly call it transfers it to Washington, DC, where a resided and transfer it to the Nation’s the death tax, not estate tax, the death government bureaucracy takes those Capital to feed a very, very hungry bu- tax, got its beginnings in the early dollars and redistributes those dollars reaucracy? 1900s. It was a way to go get the robber throughout the bureaucracy. Now, do not be kidded when people barons, to go after who they alleged to The money that the government tell you, well, this is one of the tax be the robber barons, to go after the takes in these death tax cases does not cuts, those big tax cuts, and we just Carnegies, to go after the Rockefellers, stay in your local community. That is cannot afford tax cuts right now. Well, to go after those type of families. That what rubs me wrong. Look, I do not that is an argument for another day. is why that tax was devised. Hey, let us think it is right that you go after But the reality of it is the death tax get them on their death. Let us get somebody because they have been suc- generates very little tax income rev- that money back into the hands of the cessful and they have made some enue for this country, and you know it people. money. I mean, that is the American and I know it. Let me tell you what happens to a way. But I have got a lot more sym- By the time you are done admin- small community, and I will give you pathy for the community, which gets istering it, and by the way, the an example. Take a small community that money sucked out of their com- wealthiest families, including I would in any State. I live in Colorado, so take munity, and that money is transferred guess the people in the administration, a small community in the Third Con- to Washington, DC. That is where it is once the administration’s job is over in gressional District of the State of Colo- unfair. January, I would guess that most of rado. Let us say that we have an indi- I have gotten a number of different those, including the Secretary of vidual there who is a young person in letters and correspondence. I want to Treasury and the President himself, their twenties, and I know many of give you some real live examples. will go on to very successful and lucra- them, and so do you, colleagues, who Let me clarify a couple of things tive business careers, and I will bet you had big dreams. As they worked first. First of all, as I said earlier at money, I will bet the finest dinner in through life, through a lot of hard the beginning of my comments, my Washington to anyone in here, that in work, through a lot of risk by the way, wife and I, our big dream in life, and a couple of years the President and the a lot of risk, they took risks, through my wife’s name is Lori, our big dream Secretary of Treasury and all the other a lot of risks they built a successful in life was not have a big house, not to members of his administration who are business in this small town. By the have a big boat, although we would voting to keep this death tax in place way, my story is based on facts. It hap- like to have those things. But the fact will have gone out and secured the pened in a small community in South- is we have to list priorities. We did not services of professional tax attorneys western Colorado. spend a lot of money on other things and CPAs and trust attorneys so they Then they are successful in this busi- like recreational equipment and can avoid or minimize any kind of pay- ness, and, unfortunately, they meet an things, and have no objection to those ment that they themselves say is a jus- untimely death, or even if they died in who do. But our focus was we really tified death tax. the normal course of things. What hap- wanted to put money away so that our This is nothing but a punishment. pens to the risk and to the business kids would at least get a chance at This tax is a punishment for success in that they built up in that small com- maybe owning a house some day. our country. How can you look at our munity? We are not wealthy. My wife and I do young people and say we want you to Here is what happens. If you have a not come from a lot of wealth. But, es- be successful, we want you to work business in a community, a successful pecially early in our marriage, we put hard, and part of your responsibility, individual, in this particular case that money aside. Every time we got a spare although it seems to be inherent and I am thinking of it was a man and wife penny, we did not put it in a payment human nature, part of your responsi- team, they own a construction com- for a new car, we did not remodel our bility is to provide for your children; pany, they built it up from scratch. house, we put our money in invest- but, by the way, if you are too success- They started out, they worked 16 hour ments so that some day our children ful, or if you provide for your children days for most of their life. Up until the when they got married and were start- a little too much, like giving them an day probably about 3 weeks before his ing their young families could maybe opportunity to come on the family death, he was going to the office to have a down payment or maybe own a farm, we will punish you and we will work, and what happened is while they home. That was our dream. destroy you, if that is what is nec- were successful in this community, and You know what, I do not think it is essary, to take the money that we fig- they had many years of success, they a unique dream. I do not think it is a ure you owe the government, because provided funding for the local church, dream just limited to my wife and I. I you died and we are going to transfer 80 percent of the budget. They provided think it is a dream that most of us on that money out to Washington, DC. the majority of funding for things like this House floor and most of the people Now, you may think that I am just charities. They provided more jobs that we represent also dream of, what up here talking about hypothetical sit- than any other employer in town. They can we do for our kids? uations. The fact is I am not. I am provided more opportunity in this I know of no higher priority for a going to spend the next few minutes small community from an economic family than their children, and one of giving you some real live stories. standpoint than any other employer in the focuses of planning for the future Headline, Daily Sentinel, great news- town. of your children is economic, and one paper, Grand Junction, Colorado. Well, what happened upon their of the economic factors is you want to ‘‘Owner sells Brookhart’s in Grand death? What happened upon their death try and give them some kind of oppor- Junction and in Montrose to a com- was no more support in the local com- tunity, to either take over the family pany in Dallas. The pressure of estate munity. Instead, what happens with farm, or get a start in the family busi- taxes,’’ death taxes, ‘‘has forced the

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.113 pfrm02 PsN: H06PT1 H7262 CONGRESSIONAL RECORD — HOUSE September 6, 2000 owner of Brookhart’s Building Centers of Colorado. Obviously I am exceed- ‘‘Every June our family enters the in Mason and Montrose Counties to sell ingly proud of my district, the Third local parade with a float representing to a Dallas lumber company, a Congressional District. Basically the our ranch.’’ That shows a lot of pride. Brookhart’s official said today. Third Congressional District covers al- ‘‘All of the other ranchers and families Brookhart’s owner of Colorado Springs most all of the mountains in Colorado. in the Valley do the same exact thing. said it is one of the hardest decisions It is a district geographically that is Last year, the theme for the parade his family has made in 52 years of busi- larger than the State of Florida, and was the heritage ranching, mining, and ness. Watts said the current Federal es- we have lots of discovery in that area. logging. tate taxes forced his father to make A lot of people have discovered how ‘‘My father’s death was the most dev- this sale. In order to protect our fam- beautiful Colorado is. So we have a lot astating event that any of us could ily, in order to protect our current em- of people that are moving into our have ever gone through. The second ployees, from a forced liquidation upon State. We have a lot of threat to open most devastating event was sitting the death of my father or my mother, space, open space we never thought down with the attorney after his death. we felt the best thing would be now to would be threatened by development of I will never forget those attorney’s sell this company.’’ condominiums and so on. words, and I quote, ‘There is no way This letter, dated August 28, 2000, Do you know what is forcing a lot of you can keep this place, absolutely no ‘‘My grandparents purchased land on that development, to those of you to- way.’ Still in shock from the accident, the east side of Lake Washington morrow who are going to support the I said, ‘How can this be? We own this across from Seattle in 1932. People President in keeping the death tax and land. We have no debt on the land. We thought they were crazy. It was a very imposing the death tax, and that is have just lost my father, and now we long trip to anywhere, but they were what your vote tomorrow will be, you are going to lose our ranch, too?’ ’’ will be imposing the death tax on the school teachers, just back from helping Our attorney proceeded to pencil out build an orphanage in Alaska, and they American people? You are directly re- the death taxes that would be due after liked the more rural lifestyle along the sponsible, in my opinion, for the devel- my mother’s death, and we all sat in waterfront next to the duck hunters’ opment of much open space in Colo- total shock. It had taken my grand- cabin. rado, because those family farms and father and my father their entire life- ‘‘They salvaged old bricks from a ranches cannot afford to keep that times to build up the ranch and now we road that was being torn up, they open space open if in fact they get hit chipped off the mortar and they built with the death tax. can’t continue on, and the grandchildren will not have the land and the themselves a home. A few years ago b 2215 grandma died and left the house and rich heritage that it provides. the land and some stocks and bonds to They have to sell it, and they are ‘‘It has been 31⁄2 years since my fa- my dad, who was 68 years old at the smart to sell it as soon as they can to ther’s accident. We still don’t know time. It was quite a windfall, because try to avoid and minimize this death what we are going to do. We only know that lakeside lot is now worth more tax. we will not be able to keep the ranch than $1 million, even though the house So for our environment, for our envi- unless something is done with the es- is very old and in need of new basic ronment this death tax is damaging, tate tax. plumbing, wiring, et cetera. and this leads me to other letters. ‘‘The same scenario is happening to ‘‘My dad and his wife plan to live My name, and I will leave that out. many ranchers in our valley. Eighty there. Times have been tough and they ‘‘My family lives in a central part of percent of the ranches have been owned have no home of their own. The ques- Idaho. Our family’s cattle ranch is 45 by the same families for two or three tion became one of economics: Would miles from Sun Valley. The ranch con- generations. The value of the land on there be enough inheritance to pay the sists of 2,600 deeded acres, 700 head of these ranches has risen dramatically in estate or the death tax bought selling cattle. My youngest brother Ross lives the last 5 years. All of these ranchers that lot that had been in the family, with and manages the ranch with my live on modest incomes, and most of that they had started from scratch?’’ mother. them can barely educate their children ‘‘Although I am still involved in the Just like many young couples today. off those incomes. I am certain none of ranch, my husband and I also operate a This letter reflects 40 years from now if them will be able to pay the death small business in Ketchum. My two we have this death tax in place what a tax.’’ brothers, my sister, and I all grew up lot of our young people today that are At the same time while I am reading setting out to have their dreams, and working alongside my father, my mother, and my grandfather. We this letter, keep in mind that the this same kind of letter will apply to Treasury, the Secretary of Treasury, those people if we do not do something worked weekends, we worked holidays, and we worked summer breaks. We calls it an act of selfishness to do away about it. with this death tax. The President, the ‘‘Good news. They got to keep the moved cattle, we rode the range, and we fixed the fences. administration, this year proposed not house. Now it is my worry. Some day I only not doing away with it, as I men- will inherit my grandparents’ home- ‘‘We didn’t have a lot of material things. We didn’t have a lot of material tioned earlier, not keeping it the same, stead, but I cannot imagine how we but increasing it $9 billion. will be able to keep it in the family if things, but we had our family. We had ‘‘This community will not be able to we have to pay death taxes. The burden our land and we had our lifestyle. survive without the ranching commu- of this tax would force us to sell. Sure, ‘‘On October 5, 1993, my father was nity that has made it. What is hap- we would be wealthy if we decided to accidentally killed when his clothing pening is these ranches are being sell the old house to condominium de- got caught in farm machinery. He was bought by wealthy absentee owners velopers, but we would be more inter- 71 and he was very healthy. He worked who do not run cattle and who fly in ested in preserving the place of family from dawn to dusk, and he loved the only once or twice a year. It has al- picnics, swims on hot summer days, land, and he loved his family. We were and green beans fresh from the garden. always a very close-knit family. The ready happened to two neighboring ‘‘Our family is not amongst the rich. hub of our family was my father and ranches. Both of the owners, both sec- We are middle class Americans, and we the ranch. ond generations, were killed in acci- are proud of it. We believe in family ‘‘Even though my brother, my sister, dents. Their families could not pay the heritage and in our country. But why and I don’t live there anymore, we all death taxes and sold the ranches to would our country want to take away go home, along with the grandchildren, wealthy Southern Californians. the heritage that my grandparents to help with the seasonal work. My ‘‘I have heard it said before that the built one brick at a time?’’ daughter and I take as much time off death tax exists to redistribute wealth, Be a hero do it for the country. Vote in the summer as we can and we work to take from the rich, presumably to to override that veto that we vote on at our summer cow camp moving cat- benefit others less fortunate. Let me tomorrow. tle. My mother puts on a lot of church tell you, from where I stand now I Let me mention one other thing. In and community picnics and barbecues know that this tax accomplishes ex- Colorado, I am very proud of the State down by the swimming hole. actly the opposite. For my family, the

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.114 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7263 tax means we will not be able to con- he not go talk to some of these people and vegetable stand in 1933 at our cur- tinue running the ranch that has been and ask them what the death tax is rent location, east of Fort Morgan. The our heritage for 60 years. doing to their families, and the herit- business grew into a grocery store and ‘‘This Congress says it is pro-family. age of their families? a lawn and garden center. My father, However, I know from personal experi- The President can use that Air Force Vic Edward, is 80 years old and in very ence that the current death tax is anti- one for a little domestic travel. Give it poor health. family. The death tax will force us to a try. It is very moving. ‘‘No business can remain competitive sell the ranch to a wealthy absentee Here is another one, Derrick Roberts. in a tax regime that imposes death owner who is unlikely to run cattle or This was a letter to the editor we got. taxes as high as 55 percent. Our death keep the workers employed, or con- ‘‘My family has ranched in northern taxes should encourage rather than distribute to the community in a way Colorado for 125 years. My sons are the courage the perpetuation of these busi- such as my mother and my father and sixth generation, the sixth generation nesses.’’ my grandfather have done. to work this land. We want to con- Of all the letters, Mr. Speaker, that I ‘‘Surely if Congress does not provide tinue, but the IRS is forcing almost all have read on this issue, and obviously relief from this tax many other fami- ranchers and many farmers out of busi- it is a big issue to me and I hope it is lies will suffer a similar fate. Ulti- ness. a big issue to Members, I cannot think mately, I wonder if towns like Mackee ‘‘The problem is death taxes. The de- of one sentence that is more pertinent as we know it today will continue to mand for our land is very high, and 35- and more outstanding than the sen- exist. I urge you to ask yourselves,’’ acre ranches are selling in this area for tence I just gave. and I think this is a very pertinent as high as 4,500 an acre. We have 20,000 Let me repeat that sentence again: paragraph, ‘‘I urge you to ask your- acres. We want to keep it as open ‘‘Our tax laws should encourage rather selves, why does this tax exist? Is it space, but the U.S. Government is than discourage the perpetuation of worth the great harm it has caused to making it impossible because we have these businesses.’’ In other words, the my family and many others like us? If to pay a 55 percent tax on the valu- government should go to these farmers, it is not worth the harm, then the tax ation of this acreage when my parents should go to the young people that are shouldn’t exist. I hope you will do ev- pass on. starting out with their dreams, and ‘‘Ranchers are barely scraping by erything in your power to eliminate say, we want to encourage family busi- these days. If we were willing to de- the Federal death tax.’’ ness to go from one generation to the velop homesites, we could stop the I have got example after example. I next generation. mining, but since we want to save the have a couple more here I want to talk We can look at a lot of countries in ranch, we are in trouble. The family to the Members about. But I think the this world. One of the bonds to strong has been able to scrape up the death message is clear: What are we doing families is the fact that homes and taxes as each generation has died up to here in America taxing death? Why do farms and small businesses have gone now.’’ That was my earlier example. we look at death as a taxable event? from one generation to the next gen- The Democrat leadership justifies ‘‘This time, however, I think we are eration to the next generation. In these this tax by saying, We are only going done for. Our only other option is to countries the government encourages, after the wealthy. How can they justify give the ranch to a nonprofit organiza- not discourages, as they do in the going after anybody based on the fact tion, and they all want it, but they United States, but encourages the pass- of an untimely death? won’t guarantee they will not develop ing from generation to generation of I should note how interesting it is. It it, either. these family businesses. is kind of like the people here on this My dad is 90, so we don’t have a lot floor who talk about public schools and of time left to decide. We are one of ‘‘Being a member of the House Com- how good public schools are, and op- only two or three ranchers left around mittee on Ways and Means, I am sure pose any kind of choice. But my under- here. Our ranches have been sub- you already know the urgency of the standing is there is not one of us on divided. One of the last to go was a death tax repeal. The economics of the this House floor, there is not one of us family that had been there as long as estate tax are not good at all. Family- on this House floor who send their kids ours. When the old folks died, the kids owned businesses and their employees to public schools in Washington, D.C. borrowed money to pay the death will continue to suffer until this un- They are all in private schools or other taxes. Soon they had to start selling fair, unproductive, and uneconomic schools, but not the public schools in cattle to pay the interest. When they death tax is abolished. Washington, D.C. ran out of cattle their 18,000 to 20,000 ‘‘My wife, Vicky, and I are very ac- It seems somewhat hypocritical. The acre place was foreclosed on and is now tive, and look forward to working with same thing here. There are a lot of peo- being developed. The family now lives you and your staff to enact some com- ple who support the death tax because on in a trailer in town and the father monsense legislation to preserve and they figured out a way around it, but works as a highway flagman. promote’’, to preserve and promote, the fundamental question comes back, ‘‘If you want to stop sprawl, you had ‘‘our Nation’s family-owned enter- and I think it is presented by these let- better ask the U.S. Government to get prises.’’ ters, what right do we have as Con- off the backs of family farms and This is a story about a ranch in gressmen of the United States, what ranches.’’ Aspen, Colorado. We all know about right does the government have to go Mr. Speaker, Ron Edwards. ‘‘I am Aspen, which is in my district. I have upon its citizens and tax them because writing to bring to your attention an all the mountain resorts in Colorado. I one of the citizens has died, and to tear issue of the utmost importance to me,’’ have Aspen, Telluride, Vail, Beaver apart family farms and ranches? which was the elimination of the death Creek. I grew up there. My family has That professor from that ivory tower tax. ‘‘I urge you to support and pass been in Colorado for many generations. that commented and supported Presi- death tax repeal legislation this year.’’ I remember going into Aspen when it dent Clinton’s veto of the death tax, Well, Ron, we did it. We passed it, by was nothing but a coal mining town. who said there has never been a family the way, in the House chambers with One could buy a lot for $600. I remem- farm in America that has been liq- bipartisan support. We had 65 Demo- ber stopping in the Vail Valley and all uidated or destroyed by the death tax, crats join us. I hope tomorrow on this there was was a ranch house. that person was born with blinders on. Republican legislation we have 65 What has happened is there were a I would be happy, and in fact, I would Democrats that come across the aisle lot of family farms and ranches. Be- give that professor frequent flier miles and join us again to override the veto. cause of the popularity of these com- to fly to Colorado and let us go visit So we have passed legislation, but the munities, those families, those what we these. Let us go up to Idaho, sit down President vetoed it. call basic salt of the earth kind of peo- and talk with that family, Mr. Pro- ‘‘Family-owned businesses need relief ple, are seeing that their dreams of fessor. Mr. President, let us get on Air from death taxes now. We are cele- passing on their hard work to the next Force One. He took it to Africa, why brating 66 years in business. My grand- generation are being dashed by the tax does he not take it to Idaho? Why does father, Vic Edward, started with a fruit policies of this country.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.116 pfrm02 PsN: H06PT1 H7264 CONGRESSIONAL RECORD — HOUSE September 6, 2000 b 2230 the right direction, but are they mov- 14th, 2000. I have other cases, more By the way, not a lot of countries in ing quickly enough? Because once it is samples. the world exercise this type of tax pol- sold to developers this ranch is gone The key is this, Mr. Speaker, tomor- icy, but the United States does. forever. row we face on this floor a very signifi- In Aspen, there are a lot of tales to Real quickly, ‘‘I Am a Businessman’’. cant vote. The President of the United be told with the conversion of former So I am telling my colleagues this is States of America has made a decision ranches into luxury homes or golf not just families, farms and ranches. that the death tax in this country courses throughout this valley. Some- I am a businessman. My business is should stand. The President of the times it was a simple financial deci- all about what a small business is. I United States of America has sub- sion, a choice to take advantage of have 42 people employed, and we are in mitted to the U.S. House of Represent- our second generation. I am all too fa- soaring development values in the face atives in his budget a proposal, not miliar with the death tax, as my father of plummeting cattle prices. But for only to let the death tax stand, but to passed away 2 years ago. My mother, other families, the passing of a parent increase it by $9.5 billion. my sister and I have been through the meant the passing of a life-style. The President of this country has ve- We have been around for a long time. experience of paying estate taxes at 50 toed a bipartisan bill. In other words, The Maurin family’s roots are deep in percent-plus rate. Let me explain how Republicans and Democrats sent to the Long Capital Creek Road in Old we were fortunate enough to get into President a piece of legislation saying, this bracket. Snowmass. For nearly a century, herit- Mr. President, enough is enough. Get My father left school after the 8th age and hard work, heritage and hard rid of this death tax. It fundamentally grade in 1938 and did odd jobs until work for nearly a century were enough will not alter the revenues to this serving for 3 years in World War II. country. It is not a big revenue pro- to sustain those that lived on that Afterward, he purchased a small diner 300,000 acre stretch of land, but it all ducer. Get rid of it. The President of and built a 12-unit motel in a small the United States vetoed that bill, and changed in 1976. town in Pennsylvania. He and mom Until Dwight’s father’s death, each tomorrow the President of the United worked 16 hours a day 7 days a week for generation presided over a working States sends up to us on this House 12 years before migrating to the res- cattle ranch that was both the life- floor his veto message, and we have the taurant supply business. That was bet- opportunity to override it. blood and livelihood of our clan. His ter business. But it was not an easy later years were lean years for I am confident that we in these task either. chambers and that the Democrats will Dwight’s father, but the fate of the I can remember him saying for many come across the aisle and that, as a ranch was not at risk until the Internal years that he hoped Monday’s mail team, we will stand up and be counted Revenue Service showed up. would have enough money to cover the The tax bill on this ranch was to payroll costs he had written on the pre- and say that the death tax is not justi- $750,000, and what it took to pay the vious Friday. fied in this country, that the role of bill was to cut the ranch in half. No You can ask in this country, why our government should be to encour- longer could the Maurin cattle migrate would anybody start a business? There age, not discourage the passing of busi- in winter months. It would be 10 years are obviously still Americans that are ness or property from one generation after cutting the ranch in half and sell- willing to risk everything to be in con- to the next generation. ing off half of it, it would be 10 years of trol of their lives. The satisfaction of Tomorrow we will stand, and we will installments before the death tax could proving that you can do better is still take that vote. I am not sure how the be paid. a motivator in our country. The key result is going to be in the Senate, but What those taxes took was some- word is ‘‘risk’’. People are willing to I hope they vote to override it, too. thing very vital, the ability of our fam- take this risk, provide the jobs and tax During my entire term in Congress, I ily to support the families by working base that makes this country grow. cannot think of something that would the land that has so long been theirs. Only by taxes from those who take be more pro family, that would help Maurin now works full time as a me- risk does the government even exist. preserve more open space, that just out chanic for the Roaring Fork School This is why when I see our Secretary of of fundamental fairness would go back District, then helps with the ranch Treasury write about the repeal of the to a fair and equitable tax scheme than when he gets home at night. He does estate tax I can become exorcised. He doing away with the death tax. not mind the long hours he puts in. seems to think that this money is the Tomorrow it is on our shoulders. No What does get under his skin is the Treasury’s money to dispense as it way out. If one is going to be here to memory of an IRS agent overseeing his pleases. vote, one is going to have to post one’s father’s taxes either did not recognize Maybe it appears to be a simple view vote. Do not give one’s constituents that devastation was about to occur or of fairness and equity if you spent your some magic tale about why one voted did not care. It was just pay us, or we life in academia and never had to to keep the death tax in place. One is will seize everything. If anything is left worry about making a payroll. But I either for elimination of it or one is over, we will keep it. If you cannot resent like hell being told that I am not. make ends meet on what is left, you selfish to want to keep what I and my Tomorrow my colleagues are going to can find work elsewhere. family have earned and already paid make that decision. I hope for the sake We have no intention of selling the taxes on. of future Americans, I hope for the remaining 640 acres, but what happens In effect, the government is saying to sake of the young people in their mid to our daughters when we die? What businessmen, and I am skipping, by the twenties that want to make their choice will they have with only half of way, some paragraphs, in effect, the dreams come true, for the couples like the land to graze. The ranch itself is government is saying to businessmen, my wife and I who want to make our only making enough to cover its oper- since you worked harder and longer dreams come true and for my parents ating costs and its annual property and were more successful, we will use who want to pass their dreams on to taxes. your estate to pay for programs which the next generation, I hope for the sake It is Maurin’s day job at the school we take political credit. of those people, for my colleagues’ con- district that pays the doctor bills, the The original purpose of this death stituents, that my colleagues stand car insurance, the grocery bills, and ev- tax was to catch a handful of robber tall against the President and vote to erything else. There is always hope barons from the early industrial Amer- override his veto. that things will change before our ica. Now it reaches into the most pro- f daughters need to make a decision ductive parts of America. Is not the about the ranch. fact that 5 percent of our citizens now LEAVE OF ABSENCE But I wonder if people really think pay 50 percent of the tax bill evidence By unanimous consent, leave of ab- about the permanent changes that take that there is more than enough sence was granted to: place when a ranch is sold. It is not progresstivity in the Tax Code. Mr. WALDEN of Oregon (at the request just a loss to the family, it ripples This was an article written in the of Mr. ARMEY) for today on account of much wider. There are movements in Washington Post dated Friday, July attending a funeral.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.119 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7265 SPECIAL ORDERS GRANTED nizing the 25th anniversary of the Helsinki ceived August 22, 2000, pursuant to 5 U.S.C. Final Act; to the Committee on Inter- 801(a)(1)(A); to the Committee on Agri- By unanimous consent, permission to national Relations. culture. address the House, following the legis- S. Con. Res. 53. Concurrent resolution con- 9483. A letter from the Acting Executive lative program and any special orders demning all prejudice against individuals of Director, Commodity Futures Trading Com- heretofore entered, was granted to: Asian and Pacific Island ancestry in the mission, transmitting the Commission’s (The following Members (at the re- United States; to the Committee on the Ju- final rule—Exemption From Registration for quest of Mr. MCNULTY) to revise and diciary. Certain Foreign FCMS and IBs (RIN: 3038– extend their remarks and include ex- f AB46) received August 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- traneous material:) BILLS PRESENTED TO THE riculture. Mrs. MALONEY of New York, for 5 PRESIDENT 9484. A letter from the Acting Executive minutes, today. Director, Commodity Futures Trading Com- Mr. BACA, for 5 minutes, today. Mr. THOMAS, from the Committee mission, transmitting the Commission’s Mrs. MINK of Hawaii, for 5 minutes, on House Administration, reported final rule—Exemption from Certain Part 4 today. that that committee did on the fol- Requirements for Commodity Pool Operators With Respect to Offerings to Qualified Eligi- Mr. FILNER, for 5 minutes, today. lowing dates present to the President, for his approval, bills of the House of ble Persons and for Commodity Trading Ad- Mr. SHERMAN, for 5 minutes, today. visors With Respect to Advising Qualified El- (The following Members (at the re- the following titles: igible Persons (RIN: 3038–AB37) received Au- quest of Mr. PAUL) to revise and extend On July 27, 2000: gust 16, 2000, pursuant to 5 U.S.C. their remarks and include extraneous H.R. 4437. To grant to the United States 801(a)(1)(A); to the Committee on Agri- material:) Postal Service the authority to issue culture. Mr. MORAN of Kansas, for 5 minutes, semipostals, and for other purposes. 9485. A letter from the Acting Executive today. On July 28, 2000: Director, Commodity Futures Trading Com- H.R. 4576. Making appropriations for the mission, transmitting the Commission’s Mr. PAUL, for 5 minutes, today. Department of Defense for the fiscal year final rule—Final Rules Concerning Amend- Mr. SIMPSON, for 5 minutes, today. ending September 30, 2001, and for other pur- ments to Insider Trading Regulation (RIN: Mr. COBLE, for 5 minutes, today. poses. 3038–AB35) received August 16, 2000, pursuant Mr. ROHRABACHER, for 5 minutes, On August 8, 2000: to 5 U.S.C. 801(a)(1)(A); to the Committee on today. H.R. 1749. To designate Wilson Creek in Agriculture. (The following Member (at his own Avery and Caldwell Counties, North Caro- 9486. A letter from the Acting Executive request) to revise and extend his re- lina, as a component of the National Wild Director, Commodity Futures Trading Com- marks and include extraneous mate- and Scenic Rivers System. mission, transmitting the Commission’s H.R. 1982. To name the Department of Vet- final rule—Minimum Financial Require- rial:) erans Affairs outpatient clinic in Rome, New ments for Futures Commission Merchants Mr. WELDON of Pennsylvania, for 5 York, as the ‘‘Donald J. Mitchell Depart- and Introducing Brokers Amendments to the minutes, today. ment of Veterans Affairs Outpatient Clinic’’. Provisions Governing Subordination Agree- f H.R. 1167. To amend the Indian Self-Deter- ments Included in the Net Capital of a Fu- mination And Education Assistance Act to tures Commission Merchant or Independent SENATE BILLS, A JOINT RESOLU- provide for further self-governance by Indian Introducing Broker (RIN: 3038–AB54) received TION AND A CONCURRENT RESO- tribes, and for other purposes. August 28, 2000, pursuant to 5 U.S.C. LUTION REFERRED H.R. 3291. To provide for the settlement of 801(a)(1)(A); to the Committee on Agri- the water rights claims of the Shivwits Band culture. Bills, a joint resolution and a concur- of the Paiute Indian Tribe of Utah, and for 9487. A letter from the Acting Executive rent resolution of the Senate of the fol- other purposes. Director, Commodity Futures Trading Com- lowing titles were taken from the H.R. 3519. To provide for negotiations for mission, transmitting the Commission’s Speaker’s table and, under the rule, re- the creation of a trust fund to be adminis- final rule—Minimum Financial Require- ferred as follows: tered by the International Bank for Recon- ments for Futures Commission Merchants struction and Development or the Inter- and Introducing Brokers Amendments to the S. 610. An act to direct the Secretary of the national Development Association to combat Provisions Governing Subordination Agree- Interior to convey certain land under the ju- the AIDS epidemic. ments Included in the Net Capital of a Fu- risdiction of the Bureau of Land Manage- On August 24, 2000: tures Commission Merchant or Independent ment in Washakie County and Big Horn H.R. 8. To amend the Internal Revenue Introducing Broker (RIN: 3038–AB54) received County, Wyoming, to the Westside Irrigation Code of 1986 to phaseout the estate and gift August 22, 2000, pursuant to 5 U.S.C. District, Wyoming, and for other purposes; taxes over a 10-year period. 801(a)(1)(A); to the Committee on Agri- to the Committee on Resources. f culture. S. 1894. An act to provide for the convey- 9488. A letter from the Congressional Re- ance of certain land to Park County, Wyo- ADJOURNMENT view Coordinator, Animal and Plant Health ming; to the Committee on Resources. Inspection Service, Department of Agri- S. 1936. An act to authorize the Secretary Mr. MCINNIS. Mr. Speaker, I move culture, transmitting the Department’s final of Agriculture to sell or exchange all or part that the House do now adjourn. rule—Spainish Pure Breed Horses from Spain of certain administrative sites and other Na- The motion was agreed to; accord- [Docket No. 99–054–2] received July 28, 2000, tional Forest System land in the State of Or- ingly (at 10 o’clock and 39 minutes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- egon and use the proceeds derived from the p.m.), the House adjourned until to- mittee on Agriculture. sale or exchange for National Forest System morrow, Thursday, September 7, 2000, 9489. A letter from the Associate Adminis- purposes; to the Committee on Resources. trator, Agricultural Marketing Service, S. 2020. An act to adjust the boundary of at 10 a.m. Fruit and Vegetable Programs, Department the Natchez Trace Parkway, Mississippi, and f of Agriculture, transmitting the Depart- for other purposes; to the Committee on Re- ment’s final rule—Hazelnuts Grown in Or- sources. EXECUTIVE COMMUNICATIONS, egon and Washington; Increased Assessment S. 2279. An act to authorize the addition of ETC. Rate [Docket No. FV00–982–2 FR] received land to Sequoia National Park, and for other Under clause 8 of rule XII, executive August 3, 2000, pursuant to 5 U.S.C. purposes; to the Committee on Resources. communications were taken from the 801(a)(1)(A); to the Committee on Agri- S. 2421. An act to direct the Secretary of culture. the Interior to conduct a study of the suit- Speaker’s table and referred as follows: 9490. A letter from the Congressional Re- ability and feasibility of establishing an 9481. A letter from the Secretary of Agri- view Coordinator, Animal and Plant Health Upper Housatonic Valley National Heritage culture, transmitting the annual animal wel- Inspection Service, Department of Agri- Area in Connecticut and Massachusetts; to fare enforcement report for fiscal year 1999, culture, transmitting the Department’s final the Committee on Resources. pursuant to 7 U.S.C. 2155; to the Committee rule—Brucellosis in Cattle; State and Area S. 2998. An act to designate a fellowship on Agriculture. Classifications; Louisiana [Docket No. 99– program of the Peace Corps promoting the 9482. A letter from the Administrator, Risk 052–1] received July 31, 2000, pursuant to 5 work of returning Peace Corps volunteers in Management Agency, the Department of Ag- U.S.C. 801(a)(1)(A); to the Committee on Ag- underserved American communities as the riculture, transmitting the Department’s riculture. ‘‘Paul D. Coverdell Fellows Program’’; to the final rule—Common Crop Insurance Regula- 9491. A letter from the Administrator, Committee on International Relations. tions; Fig, Pear, Walnut, Almond, Prune, Food Safety and Inspection Service, Depart- S.J. Res. 48. Joint resolution calling upon Table Grape, Peach, Plum, Apple and ment of Agriculture, transmitting the De- the President to issue a proclamation recog- Stonefruit Crop Insurance Provisions—re- partment’s final rule—Fee Increase for Egg

VerDate 11-MAY-2000 05:12 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06SE7.122 pfrm02 PsN: H06PT1 H7266 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Products Inspection—Year 2000 [Docket No. Inspection Service, Department of Agri- Inspection Service, Department of Agri- 99–012F] (RIN: 0583–AC71) received August 1, culture, transmitting the Department’s final culture, transmitting the Department’s final 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule—Poultry Products from Mexico rule—Change in Disease Status of Portugal Committee on Agriculture. Transiting the United States [Docket No. 98– Because of African Swine Fever [Docket No. 9492. A letter from the Associate Adminis- 094–2] received August 17, 2000, pursuant to 5 99–096–2] received August 23, 2000, pursuant trator, USDA, Fruits and Vegetables, Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- to 5 U.S.C. 801(a)(1)(A); to the Committee on search and Promotion Branch, Department riculture. Agriculture. of Agriculture, transmitting the Depart- 9501. A letter from the Congressional Re- 9511. A letter from the Associate Adminis- ment’s final rule—Honey Research, Pro- view Coordinator, Animal and Plant Health trator, Agricultural Marketing Service, motion, and Consumer Information Order; Inspection Service, Department of Agri- Fruit and Vegetable Programs, Department Revision of Subpart C-Referendum Proce- culture, transmitting the Department’s final of Agriculture, transmitting the Depart- dures [FV–00–702 FR] received August 7, 2000, rule—Export Certification; Heat Treatment ment’s final rule—Oranges, Grapefruit, Tan- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Solid Wood Packing Materials Exported to gerines and Tangelos Grown in Florida; In- mittee on Agriculture. China [Docket No. 99–100–2] received August creased Assessment Rate [Docket No. FV00– 9493. A letter from the Associate Adminis- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 905–1 FR] received August 23, 2000, pursuant trator, Agricultural Marketing Service, the Committee on Agriculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Fruit and Vegetable Programs, Department 9502. A letter from the Congressional Re- Agriculture. of Agriculture, transmitting the Depart- view Coordinator, Animal and Plant Health 9512. A letter from the Congressional Re- ment’s final rule—Nectarines and Peaches Inspection Service, Department of Agri- view Coordinator, Animal and Plant Health Grown in California; Revision of Handling culture, transmitting the Department’s final Inspection Service, Department of Agri- Requirements for Fresh Nectarines and rule—Karnal Bunt; Regulated Areas [Docket culture, transmitting the Department’s final Peaches [Docket No. FV00–916–1 FIR] re- No. 99–077–2] (RIN: 0579–AB17) received Au- rule—Import/Export User Fees [Docket No. ceived August 9, 2000, pursuant to 5 U.S.C. gust 17, 2000, pursuant to 5 U.S.C. 97–058–2] (RIN: 0579–AA87) received August 29, 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the culture. culture. Committee on Agriculture. 9494. A letter from the Associate Adminis- 9503. A letter from the Congressional Re- 9513. A letter from the Congressional Re- trator, Agricultural Marketing Service, view Coordinator, Animal and Plant Health view Coordinator, Animal and Plant Health Fruit and Vegetable Programs, Department Inspection Service, Department of Agri- Inspection Service, Department of Agri- of Agriculture, transmitting the Depart- culture, transmitting the Department’s final culture, transmitting the Department’s final ment’s final rule—Kiwifruit Grown in Cali- rule—Mexican Fruit Fly Regulations; Re- rule—Plum Pox [Docket No. 00–034–2] re- fornia; Decreased Assessment Rate [Docket moval of Regulated Area [Docket No. 98–084– ceived August 30, 2000, pursuant to 5 U.S.C. No. FV00–920–3 IFR] received August 14, 2000, 2] received August 24, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Agri- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Ag- culture. 9514. A letter from the Congressional Re- mittee on Agriculture. riculture. view Coordinator, Animal and Plant Health 9495. A letter from the Associate Adminis- 9504. A letter from the Congressional Re- Inspection Service, Department of Agri- trator, Agricultural Marketing Service, view Coordinator, Animal and Plant Health culture, transmitting the Department’s final Fruit and Vegetable Programs, Department Inspection Service, Department of Agri- rule—Citrus Canker; Addition to Quar- of Agriculture, transmitting the Depart- culture, transmitting the Department’s final antined Areas [Docket No. 00–036–1] received ment’s final rule—Irish Potatoes Grown on rule—Oriental Fruit Fly; Removal of Quar- August 30, 2000, pursuant to 5 U.S.C. Certain Designated Counties in Idaho, and antined Area [Docket No. 99–044–3] received 801(a)(1)(A); to the Committee on Agri- Malheur County, Oregon; Modification of August 24, 2000, pursuant to 5 U.S.C. culture. Handling Regulations [Docket No. FV00–945– 801(a)(1)(A); to the Committee on Agri- 9515. A letter from the Administrator, 1 FIR] received August 10, 2000, pursuant to culture. Food and Nutrition Service, Department of 5 U.S.C. 801(a)(1)(A); to the Committee on 9505. A letter from the Congressional Re- Health and Human Services, transmitting Agriculture. view Coordinator, Animal and Plant Health the Department’s final rule—Food Distribu- 9496. A letter from the Associate Adminis- Inspection Service, Department of Agri- tion Program on Indian Reservations: In- trator, Agricultural Marketing Service, culture, transmitting the Department’s final come Deductions and Miscellaneous Provi- Fruit and Vegetable Programs, Department rule—Mexican Fruit Fly Regulations; Re- sions (RIN: 0584–AC81) received August 16, of Agriculture, transmitting the Depart- moval of Regulated Area [Docket No. 98–082– 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment’s final rule—Tart Cherries in the 6] received August 22, 2000, pursuant to 5 Committee on Agriculture. States of Michigan, New York, Pennsyl- U.S.C. 801(a)(1)(A); to the Committee on Ag- 9516. A letter from the Small Business Ad- vania, Oregon, Utah, Washington, and Wis- riculture. vocacy Chair, Environmental Protection consin, Decreased Assessment Rates [Docket 9506. A letter from the Congressional Re- Agency, transmitting the Agency’s final No. FV00–930–3 FR] received August 10, 2000, view Coordinator, Animal and Plant Health rule—Avermectin; Extension of Tolerance pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Inspection Service, Department of Agri- for Emergency Exemptions [OPP–301027; mittee on Agriculture. culture, transmitting the Department’s final FRL–6598–8] (RIN: 2070–AB) received August 9497. A letter from the Associate Adminis- rule—Oriental Fruit Fly; Removal of Quar- 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to trator, Agricultural Marketing Service, antined Area [Docket No. 99–076–3] received the Committee on Agriculture. Fruit and Vegetable Programs, Department August 22, 2000, pursuant to 5 U.S.C. 9517. A letter from the Small Business Ad- of Agriculture, transmitting the Depart- 801(a)(1)(A); to the Committee on Agri- vocacy Chair, Environmental Protection ment’s final rule—Cranberries Grown in the culture. Agency, transmitting the Agency’s final States of Massachusetts, et al.; Increased As- 9507. A letter from the Congressional Re- rule—Carfentrazone-ethyl; Pesticide Toler- sessment Rate [Docket No. FV00–929–4 IFR] view Coordinator, Animal and Plant Health ance [OPP–301025; FRL–6597–7] (RIN: 2070– received August 10, 2000, pursuant to 5 U.S.C. Inspection Service, Department of Agri- AB78) received August 1, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Agri- culture, transmitting the Department’s final U.S.C. 801(a)(1)(A); to the Committee on Ag- culture. rule—Pine Shoot Beetle; Regulated Articles riculture. 9498. A letter from the Associate Adminis- [Docket No. 99–082–2] received August 22, 9518. A letter from the Small Business Ad- trator, Agricultural Marketing Service, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the vocacy Chair, Environmental Protection Fruit and Vegetable Programs, Department Committee on Agriculture. Agency, transmitting the Agency’s final of Agriculture, transmitting the Depart- 9508. A letter from the Congressional Re- rule—Diflubenzuron; Pesticide Tolerance ment’s final rule—Winter Pears Grown in Or- view Coordinator, Animal and Plant Health [OPP–301019; FRL–6596–3] (RIN: 2070–AB78) re- egon and Washington; Establishment of Inspection Service, Department of Agri- ceived August 1, 2000, pursuant to 5 U.S.C. Quality Requirements for the Beurre culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Agri- D’Anjou Variety of Pears [Docket No. FV00– rule—Imported Fire Ant; Quarantined Areas culture. 927–1 FR] received August 10, 2000, pursuant [Docket No. 00–007–2] received August 22, 9519. A letter from the Small Business Ad- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the vocacy Chair, Environmental Protection Agriculture. Committee on Agriculture. Agency, transmitting the Agency’s final 9499. A letter from the Administrator, 9509. A letter from the Congressional Re- rule—Fenpropathrin; Extension of Tolerance FSA, Department of Agriculture, transmit- view Coordinator, Animal and Plant Health for Emergency Exemptions [OPP–301024; ting the Department’s final rule—Handling Inspection Service, Department of Agri- FRL–6597–9] (RIN: 2070–AB78) received Au- Payments from the Farm Service Agency culture, transmitting the Department’s final gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); (FSA) to Delinquent FSA Farm Loan Pro- rule—Changes in Disease Status in Denmark to the Committee on Agriculture. gram Borrowers (RIN: 0560–AG24) received Because of BSE [Docket No. 00–030–2] re- 9520. A letter from the Small Business Ad- August 16, 2000, pursuant to 5 U.S.C. ceived August 22, 2000, pursuant to 5 U.S.C. vocacy Chair, Environmental Protection 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- Agency, transmitting the Agency’s final culture. culture. rule—Pymetrozine; Pesticide Tolerance 9500. A letter from the Congressional Re- 9510. A letter from the Congressional Re- [OPP–301033; FRL–6599–2] (RIN: 2070–AB78) review Coordinator, Animal and Plant Health view Coordinator, Animal and Plant Health ceived August 4, 2000, pursuant to 5 U.S.C.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7267 801(a)(1)(A); to the Committee on Agri- propyl -5-phenyl-1, 3, 5-thiadiazinan-4-one); 9543. A letter from the Director, Defense culture. Time-Limited Pesticide Tolerances [OPP– Procurement, Department of Defense, trans- 9521. A letter from the Small Business Ad- 301040; FRL–6740–1] (RIN: 2070–AB) received mitting the Department’s final rule—Defense vocacy Chair, Environmental Protection August 29, 2000, pursuant to 5 U.S.C. Federal Acquisition Regulation Supplement; Agency, transmitting the Agency’s final 801(a)(1)(A); to the Committee on Agri- Repeal of Reporting Requirements Under rule—Imidacloprid; Extension of Tolerances culture. Public Law 85–804 [DFARS Case 2000–D016] for Emergency Exemptions [OPP–301035; 9532. A letter from the Administrator, received July 31, 2000, pursuant to 5 U.S.C. FRL–6736–8] (RIN: 2070–AB78) received Au- Farm Service Agency, transmitting the De- 801(a)(1)(A); to the Committee on Armed gust 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); partment’s final rule—Farm Loan Programs Services. to the Committee on Agriculture. Account Servicing Policies—Servicing 9544. A letter from the Alternate OSD, Fed- 9522. A letter from the Small Business Ad- Shared Appreciation Agreements (RIN: 0560– eral Register Liaison Officer, Office of the vocacy Chair, Environmental Protection AF78) received August 10, 2000, pursuant to 5 Secretary, Department of Defense, transmit- Agency, transmitting the Agency’s final U.S.C. 801(a)(1)(A); to the Committee on Ag- ting the Department’s final rule—Civilian rule—Sodium Chlorate; Extension of Exemp- riculture. Health and Medical Program of the Uni- tion from Tolerance for Emergency Exemp- 9533. A communication from the President formed Services (CHAMPUS); Enhancement tions [OPP–301031; FRL–6599–3] (RIN: 2070– of the United States, transmitting his re- of Dental Benefits under the TRICARE Re- AB) received August 4, 2000, pursuant to 5 quest to make available appropriations to- tiree Dental Program—received August 9, U.S.C. 801(a)(1)(A); to the Committee on Ag- taling $2,600,000 in budget authority for the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the riculture. Department of Health and Human Services’ Committee on Armed Services. 9523. A letter from the Small Business Ad- Low Income Home Energy Assistance Pro- 9545. A letter from the Alternate OSD Fed- vocacy Chair, Environmental Protection gram, and designate the amount made avail- eral Register Liaison Officer, Office of the Agency, transmitting the Agency’s final able as an emergency requirement pursuant Secretary, Department of Defense, transmit- rule—Zinc Phosphide; Pesticide Tolerances to section 251(b)(2)(A) of the Balanced Budg- ting the Department’s final rule—Civilian for Emergency Exemptions [OPP–301029; et and Emergency Deficit Control Act of Health and Medical Program of the Uni- FRL–6598–9] (RIN: 2070–AB) received August 1985, as amended, pursuant to 31 U.S.C. 1107; formed Services (CHAMPUS); Expansion of 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to (H. Doc. No. 106–286); to the Committee on Department Eligibility for TRICARE Retiree the Committee on Agriculture. Appropriations and ordered to be printed. Dental Program—received August 9, 2000, 9524. A letter from the Small Business Ad- 9534. A letter from the the Director, the Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- vocacy Chair, Environmental Protection fice of Management and Budget, transmit- mittee on Armed Services. Agency, transmitting the Agency’s final ting a cumulative review of the recissions 9546. A letter from the Director, Defense rule—Propiconazole; Extension of Tolerances and deferrals for fiscal year 2000, pursuant to Procurement, OUSD, Department of Defense, for Emergency Exemptions [OPP–301036; 2 U.S.C. 685; (H. Doc. No. 106–285); to the transmitting the Department’s final rule— FRL–6737–1] (RIN: 2070–AB78) received Au- Committee on Appropriations and ordered to Defense Federal Acquisition Regulation Sup- gust 14, 2000, pursuant to 5 U.S.C. be printed. plement; Transportation Acquisition Policy 801(a)(1)(A); to the Committee on Agri- 9535. A letter from the Director, Congres- [DFARS Case 99–D009] received August 14, culture. sional Budget Office, transmitting CBO’s Se- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9525. A letter from the Small Business Ad- questration Update Report for Fiscal Year Committee on Armed Services. vocacy Chair, Environmental Protection 2001, pursuant to 2 U.S.C. section 904(b); to 9547. A letter from the Director, Defense Agency, transmitting the Agency’s final the Committee on Appropriations. Procurement, OUSD, Department of Defense, rule—Mancozeb; Pesticide Tolerance Tech- 9536. A letter from the Director, Office of transmitting the Department’s final rule— nical Correction [OPP–301028; FRL–6736–4] Management and Budget, transmitting noti- Defense Federal Acquisition Regulation Sup- (RIN: 2070–AB78) received August 14, 2000, fication of the President’s intent to exempt plement; North American Industry Classi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- all military personnel accounts from seques- fication System [DFARS Case 2000–D015] re- mittee on Agriculture. ter for FY 2001, if a sequester is necessary; to ceived August 14, 2000, pursuant to 5 U.S.C. 9526. A letter from the Small Business Ad- the Committee on Appropriations. 801(a)(1)(A); to the Committee on Armed vocacy Chair, Environmental Protection 9537. A communication from the President Services. Agency, transmitting the Agency’s final of the United States, transmitting the re- 9548. A letter from the Director, Defense rule—Coumaphos; Pesticide Tolerances for quest and availability of funds pursuant to Procurement, Department of Defense, trans- Emergency Exemptions [OPP–301039; FRL– section 251(b)(2)(A) of the Balanced Budget mitting the Department’s final rule—Defense 6738–3] (RIN: 2070–AB78) received August 14, and Emergency Deficit Control Act of 1985; Federal Acquisition Regulation Supplement; 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the (H. Doc. No. 106–278); to the Committee on Construction and Service Contracts in Non- Committee on Agriculture. Appropriations and ordered to be printed. contiguous States [DFARS Case 99–D308] re- 9527. A letter from the Regulatory Manage- 9538. A communication from the President ceived August 14, 2000, pursuant to 5 U.S.C. ment Staff, Environmental Protection Agen- of the United States, transmitting a Depart- 801(a)(1)(A); to the Committee on Armed cy, transmitting the Agency’s final rule— ment of Defense budget request persuant to Services. Fosetyl-Al; Pesticide Tolerance [OPP–301032; Title IX of H.R. 4576, tthe Department of De- 9549. A letter from the Director, Defense FRL–6599–4] (RIN: 2070–AB78) received Au- fense Appropriations Act of 2001; (H. Doc. No. Procurement, Department of Defense, trans- gust 15, 2000, pursuant to 5 U.S.C. 106–283); to the Committee on Appropriations mitting the Department’s final rule—Defense 801(a)(1)(A); to the Committee on Agri- and ordered to be printed. Federal Acquisition Regulation Supplement; culture. 9539. A communication from the President Contract Drawings, Maps, and Specifications 9528. A letter from the Regulatory Manage- of the United States, transmitting the re- [DFARS Case 99–D025] received August 14, ment Staff, Environmental Protection Agen- quest and availability of funds in accordance 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy, transmitting the Agency’s final rule— with Public Law 104–208, the Omnibus Con- Committee on Armed Services. Acibenzolar-S-Methyl; Pesticide Tolerance solidated Appropriations Act, 1997; (H. Doc. 9550. A letter from the Director, Defense [OPP–301037; FRL–6737–6] (RIN: 2070–AB78) re- No. 106–284); to the Committee on Appropria- Procurement, OUSD, Department of Defense, ceived August 15, 2000, pursuant to 5 U.S.C. tions and ordered to be printed. transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Agri- 9540. A letter from the The President Of Defense Federal Acquisition Regulation Sup- culture. The United States, transmitting a funding plement; Mentor-Protege Program Improve- 9529. A letter from the Deputy Associate request for the Department of Agriculture, ments [DFARS Case 99–D307] received Au- Administrator, Environmental Protection Forest Service, Wildlife Fire Management; gust 14, 2000, pursuant to 5 U.S.C. Agency, transmitting the Agency’s final (H. Doc. No. 106–289); to the Committee on 801(a)(1)(A); to the Committee on Armed rule—Glyphosate; Pesticide Tolerance [OPP– Appropriations and ordered to be printed. Services. 301034; FRL–6736–6] (RIN: 2070–AB78) received 9541. A letter from the Chief, Programs and 9551. A letter from the Director, Defense August 25, 2000, pursuant to 5 U.S.C. Legislation Division, Office of Legislative Procurement, OUSD, Department of Defense, 801(a)(1)(A); to the Committee on Agri- Liaison, Air Force, Department of Defense, transmitting the Department’s final rule— culture. transmitting notification that the Com- Defense Federal Acquisition Regulation Sup- 9530. A letter from the Regulatory Manage- mander of Willow Grove Air Reserve Station plement; Special Procedures for Negotiation ment Staff, Environmental Protection Agen- (ARS), Pennsylvania, has conducted a com- of Construction Contracts [DFARS Case cy, transmitting the Agency’s final rule— parison study to reduce the cost of operating 2000–D010] received August 14, 2000, pursuant Dimethenamid; Pesticide Tolerances for the Base Operating Support (BOS), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Emergency Exemptions [OPP–301038; FRL– to 10 U.S.C. 2461; to the Committee on Armed Armed Services. 6738–1] (RIN: 2070–AB78) received August 22, Services. 9552. A letter from the Director, Defense 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9542. A letter from the Under Secretary, Procurement, Department of Defense, trans- Committee on Agriculture. Personnel and Readiness, Department of De- mitting the Department’s final rule—Pollu- 9531. A letter from the Deputy Associate fense, transmitting the Department’s De- tion Control and Clean Air and Water Administrator, Environmental Protection fense Manpower Requirements Report for FY [DFARS Case 2000–D004] received August 29, Agency, transmitting the Agency’s final 2001, pursuant to 10 U.S.C. 115(b)(3); to the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule—Buprofezin (2-Tert-butylimonp-3- iso- Committee on Armed Services. Committee on Armed Services.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7268 CONGRESSIONAL RECORD — HOUSE September 6, 2000 9553. A letter from the Secretary of De- rule—Notice of Funds Availability (NOFA) 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to fense, transmitting the approved retirement Inviting Applications for the Community De- the Committee on Banking and Financial and advancement to the grade of lieutenant velopment Financial Institutions Program— Services. general on the retired list of Lieutenant Core Component [Billing Code 4810–70–P] re- 9578. A letter from the Director, Office of General David H. Ohle, United States Army; ceived August 9, 2000, pursuant to 5 U.S.C. Management and Budget, transmitting OMB to the Committee on Armed Services. 801(a)(1)(A); to the Committee on Banking Cost Estimate For Pay-As-You-Go Calcula- 9554. A letter from the Secretary of De- and Financial Services. tions; to the Committee on the Budget. fense, transmitting the approved retirement 9567. A letter from the Deputy Legal Coun- 9579. A letter from the Director, Office of and advancement to the grade of Lieutenant sel, Community Development Financial In- Management and Budget, transmitting OMB General on the retired list of Lieutenant stitutions Fund, Department of the Treas- Cost Estimate For Pay-As-You-Go Calcula- General Robert F. Foley, United States ury, transmitting the Department’s final tions; to the Committee on the Budget. Army; to the Committee on Armed Services. rule—Community Development Financial In- 9580. A letter from the Acting Assistant 9555. A letter from the Secretary of De- stitutions Program (RIN: 1505–AA71) received General Counsel, Special Education & Reha- fense, transmitting the approved retirement August 9, 2000, pursuant to 5 U.S.C. bilitative Services, Department of Edu- and advancement to the grade of Lieutenant 801(a)(1)(A); to the Committee on Banking cation, transmitting the Department’s final General of the retired list of Lieutenant Gen- and Financial Services. rule—Notice of Final Competative Pref- eral Michael S. Davidson, Jr., United States 9568. A letter from the Director, Financial erences for Fiscal Year 2001 for the Rehabili- Army; to the Committee on Armed Services. Crimes Enforcement Network, Department tation Long-Term Training and 9556. A letter from the Secretary of De- of the Treasury, transmitting the Depart- Rehabiliation Long-Term Training and Re- fense, transmitting the approved retirement ment’s final rule—Amendment to the Bank habilitation Continuing Education Pro- and advancement to the grade of lieutenant Secretary Act Regulations—Exemptions grams—received August 30, 2000, pursuant to general on the retired list of Lieutenant from the Requirement to Report Trans- 2 U.S.C. 685; to the Committee on Education General Tad J. Oelstrom, United States Air actions in Currency—Interim Rule (RIN: and the Workforce. 9581. A letter from the Assistant General Force; to the Committee on Armed Services. 1506–AA23) received August 17, 2000, pursuant Counsel for Regulations, Special Education 9557. A letter from the Secretary of De- to 5 U.S.C. 801(a)(1)(A); to the Committee on & Rehabilitative Services, Department of fense, transmitting the approved retirement Banking and Financial Services. Education, transmitting the Department’s and advancement to the grade of lieutenant 9569. A letter from the Assistant General final rule—National Institute on Disability general on the retired list of Lieutentant Counsel for Regulations, Office of the Sec- and Rehabilitation Research—received Au- General Joe N. Ballard; to the Committee on retary, Department of Housing and Urban gust 25, 2000, pursuant to 5 U.S.C. Armed Services. Development, transmitting the Depart- 801(a)(1)(A); to the Committee on Education 9558. A letter from the Secretary of De- ment’s final rule—Initiation of Civil Money fense, transmitting the approved retirement and the Workforce. Penalty Action for Failing To Disclose Lead- 9582. A letter from the Director, Corporate and advancement to the grade of admiral on Based Paint Hazards: Amendments Con- Policy and Research Department, Pension the retired list of Admiral Harold W. cerning Official To Initiate Action [Docket Benefit Guaranty Corporation, transmitting Gehman, Jr., United States Navy; to the No. FR–4609–F–01] (RIN: 2501–AC74) received the Corporation’s final rule—Benefits Pay- Committee on Armed Services. August 22, 2000, pursuant to 5 U.S.C. able in Terminated Single-Employer Plans; 9559. A letter from the Secretary of De- 801(a)(1)(A); to the Committee on Banking Allocation of Assets in Single-Employer fense, transmitting the approved retirement and Financial Services. Plans; Interest Assumptions for Valuing and and advancement to the grade of vice admi- 9570. A letter from the Assistant General Paying Benefits—received August 24, 2000, ral on the retired list of Vice Admiral Lee F. Counsel for Regulations, Office of the Assist- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Gunn, United States Navy; to the Committee ant Secretary, Department of Housing and mittee on Education and the Workforce. on Armed Services. Urban Development, transmitting the De- 9583. A letter from the Department of En- 9560. A letter from the Secretary of De- partment’s final rule—Public Housing Agen- ergy, transmitting the Energy Information fense, transmitting the approved retirement cy (PHA) Plan: Streamlined Plans [Docket Administration’s Annual Report to Congress and advancement to the grade of vice admi- No. FR–4420–F–09] (RIN: 2577–AB89) received 1999, pursuant to Public Law 89–448, section ral on the retired list of Vice Admiral Her- August 22, 2000, pursuant to 5 U.S.C. 3(a) (80 Stat. 201); Public Law 95–91, section bert A. Browne, Jr., II, United States Navy; 801(a)(1)(A); to the Committee on Banking 302 (91 Stat. 578); to the Committee on Com- to the Committee on Armed Services. and Financial Services. merce. 9561. A letter from the Secretary of De- 9571. A letter from the President and 9584. A letter from the Secretary of Health fense, transmitting the approved retirement Chairman, Export-Import Bank of the United and Human Services, transmitting the De- and advancement to the grade of General on States, transmitting a report involving U.S. partment’s fourth annual report to Congress the retired list of General Charles E. Wil- exports to Venezuela, pursuant to 12 U.S.C. summarizing evaluation activities related to helm, United States Marine Corps; to the 635(b)(3)(i); to the Committee on Banking the Comprehensive Community Mental Committee on Armed Services. and Financial Services. Health Services for Children and Their Fam- 9562. A letter from the Secretary of De- 9572. A letter from the President and ilies Program, pursuant to 42 U.S.C. 300X– fense, transmitting the approved retirement Chairman, Export-Import Bank of the United 4(g); to the Committee on Commerce. and advancement to the grade of lieutenant States, transmitting a report involving U.S. 9585. A letter from the Director, Minority general on the retired list of Lieutenant exports to Brazil, pursuant to 12 U.S.C. Business Development Agency, Department General James M. Link, United States 635(b)(3)(i); to the Committee on Banking of Commerce, transmitting the Department’s Army; to the Committee on Armed Services. and Financial Services. final rule—Solicitation of Applications for 9563. A letter from the Secretary of De- 9573. A letter from the President and the Minority Business Development Center fense, transmitting the approved retirement Chairman, Export-Import Bank of the United (MBDC) Program [Docket No. 000724217–0217– and advancement to the grade of Lieutenant States, transmitting a report involving U.S. 01] (RIN: 0640–ZA08) received August 22, 2000, General on the retired list of Lieutenant exports to the Russian Federation, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- General John E. Rhodes, United States Ma- to 12 U.S.C. 635(b)(3)(i); to the Committee on mittee on Commerce. rine Corps, pursuant to 5 U.S.C. 801(a)(1)(A); Banking and Financial Services. 9586. A letter from the Assistant General to the Committee on Armed Services. 9574. A letter from the President and Counsel for Regulatory Law, Office of Field 9564. A letter from the President and Chairman, Export-Import Bank of the United Integration, Department of Energy, trans- Chairman, Export-Import Bank, transmit- States, transmitting a report involving U.S. mitting the Department’s final rule—Deacti- ting a report involving U.S. exports to Tur- exports to Algeria, pursuant to 12 U.S.C. vation Implementation Guide [DOE G 430.1– key, pursuant to 22 U.S.C. 2776(c); to the 635(b)(3)(i); to the Committee on Banking 3] received July 28, 2000, pursuant to 5 U.S.C. Committee on Banking and Financial Serv- and Financial Services. 801(a)(1)(A); to the Committee on Commerce. ices. 9575. A letter from the President and 9587. A letter from the Assistant General 9565. A letter from the Deputy Legal Coun- Chairman, Export-Import Bank of the United Counsel for Regulatory Law, Office of Envi- sel, Community Development Financial In- States, transmitting a report involving U.S. ronment, Safety and Health, Department of stitutions Fund, Department of the Treas- exports to the Republic of Algeria, pursuant Energy, transmitting the Department’s final ury, transmitting the Department’s final to 12 U.S.C. 635(b)(3)(i); to the Committee on rule—Fire Protection Design Criteria [DOE rule—Notice of Funds Availability (NOFA) Banking and Financial Services. STD–1066–99] received August 9, 2000, pursu- Inviting Applications for the Community De- 9576. A letter from the Board of Governors, ant to 5 U.S.C. 801(a)(1)(A); to the Committee velopment Financial Institutions (CDFI) Federal Reserve System, transmitting the on Commerce. Program—Intermediary Component [Billing annual report on the subject of retail fees 9588. A letter from the Assistant General Code 4810–70–P] received August 9, 2000, pur- and services of depository institutions, pur- Counsel for Regulatory Law, Office of Envi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 12 U.S.C. 1811 nt.; to the Committee ronment, Safety and Health, Department of mittee on Banking and Financial Services. on Banking and Financial Services. Energy, transmitting the Department’s final 9566. A letter from the Deputy Legal Coun- 9577. A letter from the General Counsel, rule—Radiological Control [DOE–STD–1098– sel, Community Development Financial In- National Credit Union Administration, 99] received August 9, 2000, pursuant to 5 stitutions Fund, Department of the Treas- transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on ury, transmitting the Department’s final rule—Loan Interest Rates—received August Commerce.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7269 9589. A letter from the Assistant General 9599. A letter from the Director, Regula- State of Colorado [CO–001a; FRL–6851–2] re- Counsel for Regulatory Law, Office of Safe- tions Policy and Management Staff, FDA, ceived August 10, 2000, pursuant to 5 U.S.C. guards and Security, Department of Energy, Department of Health and Human Services, 801(a)(1)(A); to the Committee on Commerce. transmitting the Department’s final rule— transmitting the Department’s final rule— 9609. A letter from the Small Business Ad- Protective Force Program Manual [DOE M Topical Otic Drug Products for Over-the- vocacy Chair, Environmental Protection 473.2.–2] received August 9, 2000, pursuant to Counter Human Use; Products for Drying Agency, transmitting the Agency’s final 5 U.S.C. 801(a)(1)(A); to the Committee on Water-Clogged Ears; Amendment of Mono- rule—Approval and Promulgation of Air Commerce. graph; Lift of Partial Stay of Effective Date Quality Implementation Plans; Common- 9590. A letter from the Assistant General [Docket No. 77N–334S] (RIN: 0910–A01) re- wealth of Pennsylvania; Approval of Revi- Counsel for Regulatory Law, Office of Safe- ceived August 16, 2000, pursuant to 5 U.S.C. sions to Volatile Organic Compounds Regula- guards and Security, Department of Energy, 801(a)(1)(A); to the Committee on Commerce. tions [PA156–4104a; FRL–6847–3] received Au- transmitting the Department’s final rule— 9600. A letter from the Director, Regula- gust 10, 2000, pursuant to 5 U.S.C. Protective Force Program [DOE O 473.2] re- tions Policy and Management Staff, FDA, 801(a)(1)(A); to the Committee on Commerce. ceived August 9, 2000, pursuant to 5 U.S.C. Department of Health and Human Services, 9610. A letter from the Small Business Ad- 801(a)(1)(A); to the Committee on Commerce. transmitting the Department’s final rule— vocacy Chair, Environmental Protection 9591. A letter from the Director, Regula- Gastroenterology and Urology Devices; Re- Agency, transmitting the Agency’s final tions Policy and Management Staff, FDA, classification of the Extracorporeal Shock rule—OMB Approvals Under the Paperwork Department of Health and Human Services, Wave Lithotripter [Docket No. 98N–1134] re- Reduction Act; Technical Amendment [FRL– transmitting the Department’s final rule— ceived August 16, 2000, pursuant to 5 U.S.C. 6846–8] received August 14, 2000, pursuant to Listing of Color Additives for Coloring Su- 801(a)(1)(A); to the Committee on Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on tures; D&C Violet No. 2 [Docket No. 99C–1455] 9601. A letter from the Director, Regula- Commerce. received August 1, 2000, pursuant to 5 U.S.C. tions Policy and Management Staff, FDA, 9611. A letter from the Administrator, En- 801(a)(1)(A); to the Committee on Commerce. Department of Health and Human Services, vironmental Protection Agency, transmit- 9592. A letter from the Deputy Executive transmitting the Department’s final rule— ting the report on Endocrine Disruptor Secretary, Substance Abuse and Mental Control of Communicable Diseases; Appre- Screening Program, mandated under the Health Services Administration, Department hension and Detention of Persons With Spe- Food Quality Protection Act of 1996; to the of Health and Human Services, transmitting cific Diseases; Transfer of Regulations Committee on Commerce. 9612. A letter from the Director, Regu- the Department’s final rule—Application [Docket No. 00N–1317] received August 28, Deadline for the Substance Abuse Prevention latory Management Staff, Environmental 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Treatment (SAPT) Block Grant Program Protection Agency, transmitting the Agen- Committee on Commerce. cy’s final rule—National Emission Standards (RIN: 0930–AA04) received August 1, 2000, pur- 9602. A letter from the Attorney Advisor, for Hazardous Air Pollutants for Pharma- suant to 5 U.S.C. 801(a)(1)(A); to the Com- NHTSA, Department of Transportation, ceuticals Production [FRL–6855–1] (RIN: mittee on Commerce. transmitting the Department’s final rule— 9593. A letter from the Director, Regula- 2060–AJ17) received August 16, 2000, pursuant Consumer Information Regulations; Uniform tions Policy and Management Staff, FDA, to 5 U.S.C. 801(a)(1)(A); to the Committee on Tire Quality Grading Standards [Docket No. Department of Health and Human Services, Commerce. NHTSA–99–6019] (RIN: 2127–AH82) received transmitting the Department’s final rule— 9613. A letter from the Regulatory Manage- August 14, 2000, pursuant to 5 U.S.C. Secondary Direct Food Additives Permitted ment Staff, Environmental Protection Agen- in Food for Human Consumption; Correction 801(a)(1)(A); to the Committee on Commerce. cy, transmitting the Agency’s final rule—Ap- 9603. A letter from the Attorney, Office of [Docket No. 00F–0786] received August 1, 2000, proval and Promulgation of Maintenance the Secretary of Transportation, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Plan and Designation of Area for Air Quality ment of Transportation, transmitting the mittee on Commerce. Planning Purposes for Carbon Monoxide; 9594. A letter from the Director, Regula- Department’s final rule—Relocation of State of Arizona [AZ072–0085C; FRL–6852–6] tions Policy and Management Staff, FDA, Standard Time Zone Boundary in the State received August 15, 2000, pursuant to 5 U.S.C. Department of Health and Human Services, of Kentucky [OST Docket No. OST–99–5843] 801(a)(1)(A); to the Committee on Commerce. transmitting the Department’s final rule— (RIN: 2105–AC80) received August 14, 2000, 9614. A letter from the Deputy Associate Cold, Cough, Allergy, Bronchodilato, and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator, Environmental Protection Antiasthmatic Drug Products for Over-the- mittee on Commerce. Agency, transmitting the Agency’s final Counter Human Use; Amendments of Final 9604. A letter from the Small Business Ad- rule—Approval and Promulgation of Imple- Monograph for OTC Antitussive Drug Prod- vocacy Chair, Environmental Protection mentation Plans; Oregon [Docket No. OR–84– ucts [Docket No. 76N–052T] (RIN: 0910–AA01) Agency, transmitting the Agency’s final 7299a; FRL–6858–1] received August 24, 2000, received August 9, 2000, pursuant to 5 U.S.C. rule—Drinking Water State Revolving Funds pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Commerce. [FRL–6846–5] (RIN: 2040–AD20) received Au- mittee on Commerce. 9595. A letter from the Director, Regula- gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 9615. A letter from the Deputy Associate tions Policy and Management Staff, FDA, to the Committee on Commerce. Administrator, Environmental Protection Department of Health and Human Services, 9605. A letter from the Small Business Ad- Agency, transmitting the Agency’s final transmitting the Department’s final rule— vocacy Chair, Environmental Protection rule—Approval and Promulgation of Imple- Medical Devices; Anesthesiology Devices to Agency, transmitting the Agency’s final mentation Plans; Texas; Reasonably Avail- Relieve Upper Airway Obstruction; Correc- rule—Amendments to Standards of Perform- able Control Technology for Major Sta- tion [Docket No. 00P–1117] received August 9, ance for New Stationary Sources; Moni- tionary Sources of Nitrogen Oxides in the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the toring Requirements [AD–FRL–6846–6] (RIN: Houston/Galveston, Beaumont/Port Arthur, Committee on Commerce. 2060–AG22) received August 8, 2000, pursuant and Dallas/Fort Worth Ozone Nonattainment 9596. A letter from the Director, Regula- to 5 U.S.C. 801(a)(1)(A); to the Committee on Areas [TX–122–1–7451a; FRL–6860–3] received tions Policy and Management Staff, FDA, Commerce. August 24, 2000, pursuant to 5 U.S.C. Department of Health and Human Services, 9606. A letter from the Small Business Ad- 801(a)(1)(A); to the Committee on Commerce. transmitting the Department’s final rule— vocacy Chair, Environmental Protection 9616. A letter from the Deputy Associate Listing of Color Additives Exempt From Cer- Agency, transmitting the Agency’s final Administrator, Environmental Protection tification; Luminescent Zinc Sulfide [Docket rule—Control of Emissions of Air Pollution Agency, transmitting the Agency’s final No. 97C–0415] received August 11, 2000, pursu- from 2004 and Later Model Year Heavy-Duty rule—Revisions to the California State Im- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Highway Engines and Vehicles; Revision of plementation Plan, San Joaquin Valley Uni- on Commerce. Light-Duty On-Board Diagnostics Require- fied Air Pollution Control District [CA 240– 9597. A letter from the Director, Regula- ments [AMS–FRL–6846–4] (RIN: 2060–AI12) re- 0254; FRL–6856–4] received August 23, 2000, tions Policy and Management Staff, FDA, ceived August 9, 2000, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Health and Human Services, 801(a)(1)(A); to the Committee on Commerce. mittee on Commerce. transmitting the Department’s final rule— 9607. A letter from the Small Business Ad- 9617. A letter from the Deputy Associate Food Additives Permitted for Direct Addi- vocacy Chair, Environmental Protection Administrator, Environmental Protection tion to Food for Human Consumption; Cal- Agency, transmitting the Agency’s final Agency, transmitting the Agency’s final cium Disodium EDTA and Disodium EDTA rule—Federal Plan Requirements for Hos- rule—National Emission Standards for Haz- [Docket No. 00F–0119] received August 11, pital/Medical/Infectious Waste Incinerators ardous Air Pollutant Emissions: Group IV 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Constructed on or Before June 20, 1996 [AD– Polymers and Resins [AD–FRL–6858–5] (RIN: Committee on Commerce. FRL–6848–9] (RIN: 2060–AI25) received August 2060–AH47) received August 23, 2000, pursuant 9598. A letter from the Director, Regula- 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to to 5 U.S.C. 801(a)(1)(A); to the Committee on tions Policy and Management Staff, FDA, the Committee on Commerce. Commerce. Department of Health and Human Services, 9608. A letter from the Small Business Ad- 9618. A letter from the Deputy Associate transmitting the Department’s final rule— vocacy Chair, Environmental Protection Administrator, Environmental Protection New Animal Drug Applications; Sheep as a Agency, transmitting the Agency’s final Agency, transmitting the Agency’s final Minor Species [Docket No. 99N–2151] received rule—Clean Air Act Full Approval of Oper- rule—Approval and Promulgation of Imple- August 11, 2000, pursuant to 5 U.S.C. ating Permit Program; Approval of Expan- mentation Plans Georgia: Approval of Revi- 801(a)(1)(A); to the Committee on Commerce. sion of State Program Under Section 112(l); sions for a Transportation Control Measure

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7270 CONGRESSIONAL RECORD — HOUSE September 6, 2000 [GA54–200025; FRL–6865–8] received August 23, 21] received August 1, 2000, pursuant to 5 9638. A letter from the Special Assistant to 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on the Bureau Chief, Mass Media Bureau, Fed- Committee on Commerce. Commerce. eral Communications Commission, transmit- 9619. A letter from the Deputy Associate 9628. A letter from the Chairman, Federal ting the Commission’s final rule—Amend- Administrator, Environmental Protection Communications Commission, transmitting ment of Section 73.202(b), Table of Allot- Agency, transmitting the Agency’s final the Auction Expenditures Report for Fiscal ments, FM Broadcast Stations (Elberton and rule—Approval and Promulgation of State Year 1999; to the Committee on Commerce. Lavonia, Georgia) [MM Docket No. 99–343; Implementation Plans; Michigan [MI43–7283; 9629. A letter from the Special Assistant to RM–9750] In re Application of Waves of FRL–6851–5] received August 23, 2000, pursu- the Bureau Chief, Mass Media Bureau, Fed- Mercy Productions, Inc. Pendergrass, Geor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee eral Communications Commission, transmit- gia [BPED–19990630MB] For Construction on Commerce. ting the Commission’s final rule—Amend- Permit for New Noncommercial Educational 9620. A letter from the Deputy Associate ment of Section 73.622(b), Table of Allot- FM Station—received August 16, 2000, pursu- Administrator, Environmental Protection ments, Digital Television Broadcast Stations ant to 5 U.S.C. 801(a)(1)(A); to the Committee Agency, transmitting the Agency’s final (Albany, Georgia) [MM Docket No. 99–319; on Commerce. rule—Use of Alternative Analytical Test RM–9756] received August 9, 2000, pursuant to 9639. A letter from the Special Assistant to Methods in the Reformulated Gasoline Pro- 5 U.S.C. 801(a)(1)(A); to the Committee on the Bureau Chief, Mass Media Bureau, Fed- gram [FRL–6855–8] received August 29, 2000, Commerce. eral Communications Commission, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9630. A letter from the Chairman, Federal ting the Commission’s final rule—Amend- mittee on Commerce. Communications Commission, transmitting ment of Section 73.202(b), Table of Allot- 9621. A letter from the Deputy Associate the Triennial Report to Congress on market, ments, FM Broadcast Stations. (Fountain Administrator, Environmental Protection entry barriers in the telecommunications in- Green and Levan, Utah) [MM Docket No. 99– Agency, transmitting the Agency’s final dustry; to the Committee on Commerce. 222; RM–9602; RM–9789] received August 16, rule—Approval and Promulgation of State 9631. A letter from the Special Assistant, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Air Quality Plans for Designated Facilities Mass Media Bureau, Federal Communica- Committee on Commerce. 9640. A letter from the Special Assistant to and Pollutants; Maryland; Control of Emis- tions Commission, transmitting the Com- the Bureau Chief, Mass Media Bureau, Fed- sions from Existing Hospital/Medical/Infec- mission’s final rule—Amendment of Parts 1, eral Communications Commission, transmit- tious Waste Incinerators [MD–103–3055a; 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed ting the Commission’s final rule—Amend- FRL–6862–4] received August 29, 2000, pursu- ment of Section 73.202(b), Table of Allot- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Service Licensees to Engage in Fixed Two- Way Transmissions [MM Docket 97–217] re- ments, FM Broadcast Stations. (Minerva, on Commerce. ceived August 16, 2000, pursuant to 5 U.S.C. New York) [MM Docket No. 99–345 RM–9782] 9622. A letter from the Deputy Associate received August 16, 2000, pursuant to 5 U.S.C. Administrator, Environmental Protection 801(a)(1)(A); to the Committee on Commerce. 9632. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Commerce. Agency, transmitting the Agency’s final Common Carrier Bureau, Accounting Policy 9641. A letter from the Special Assistant to rule—Approval and Promulgation of Division, Federal Communications Commis- the Bureau Chief, Mass Media Bureau, Fed- Implentation Plans; Texas; Control of Air sion, transmitting the Commission’s final eral Communications Commission, transmit- Pollution from Volatile Organic Compounds, rule—Federal-State Joint Board on Uni- ting the Commission’s final rule—Amend- Transfer Operations, Loading and Unloading versal Service [CC Docket No. 96–45] received ment of Section 73.202(b), Table of Allot- of Volatile Organic Compounds [TX–116–1– August 16, 2000, pursuant to 5 U.S.C. ments, FM Broadcast Stations. (Mason, Men- 7437a; FRL–6862–5] received August 29, 2000, 801(a)(1)(A); to the Committee on Commerce. ard and Fredericksburg, Texas) [MM Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9633. A letter from the Attorney Advisor, No. 99–215 RM–9337, RM–9892] received August mittee on Commerce. Common Carrier Bureau, Accounting Policy 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9623. A letter from the Deputy Associate Division, Federal Communications Commis- the Committee on Commerce. Administrator, Environmental Protection sion, transmitting the Commission’s final 9642. A letter from the Special Assistant to Agency, transmitting the Agency’s final rule—Federal-State Joint Board on Uni- the Bureau Chief, Mass Media Bureau, Fed- rule—Approval and Promulgation of Imple- versal Service [CC Docket No. 96–45] received eral Communications Commission, transmit- mentation; New Jersey; Nitrogen Oxides August 16, 2000, pursuant to 5 U.S.C. ting the Commission’s final rule—Amend- Budget and Allowance Trading Program [Re- 801(a)(1)(A); to the Committee on Commerce. ment of Section 73.202(b), Table of Allot- gion II Docket No. NJ36–2–213, FRL–6860–1] 9634. A letter from the Special Assistant to ments, FM Broadcast Stations. (Hayward, received August 29, 2000, pursuant to 5 U.S.C. the Bureau Chief, Mass Media Bureau, Fed- Wisconsin) [MM Docket No. 00–23; RM–9819] 801(a)(1)(A); to the Committee on Commerce. eral Communications Commission, transmit- received August 16, 2000, pursuant to 5 U.S.C. 9624. A letter from the Deputy Associate ting the Commission’s final rule—Amend- 801(a)(1)(A); to the Committee on Commerce. Administrator, Environmental Protection ment of Section 73.202(b), Table of Allot- 9643. A letter from the Special Assistant to Agency, transmitting the Agency’s final ments, FM Broadcast Stations. (Boulder the Bureau Chief, Mass Media Bureau, Fed- eral Communications Commission, transmit- rule—Revisions to the California State Im- City, Nevada, Bullhead City, Lake Havasu ting the Commission’s final rule—Amend- plementation Plan, San Joaquin Valley Uni- City, Kingman, Dolan Springs, and Mohave ment of Section 73.202(b), Table of Allot- fied Air Pollution Control District [CA 217– Valley, Arizona, and Ludlow, California) ments, FM Broadcast Stations. (Saint Regis, 024B; FRL–6852–5] received August 29, 2000, [MM Docket No. 99–271; RM–9696; RM–9800] Montana) [MM Docket No. 99–225; RM–9635] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received August 16, 2000, pursuant to 5 U.S.C. received August 16, 2000, pursuant to 5 U.S.C. mittee on Commerce. 801(a)(1)(A); to the Committee on Commerce. 9625. A letter from the Deputy Associate 9635. A letter from the Special Assistant to 801(a)(1)(A); to the Committee on Commerce. 9644. A letter from the Associate Chief, Administrator, Environmental Protection the Chief, Mass Media Bureau, Federal Com- WTB, Federal Communications Commission, Agency, transmitting the Agency’s final munications Commission, transmitting the rule—Approval and Promulgation of Air transmitting the Commission’s final rule— Commission’s final rule—Amendment of Sec- Reorganization and Revision of Parts 1, 2, 21, Quality Implementation Plans; Maryland; tion 73.202(b), FM Table of Allotments, FM and 94 of the Rules to Establish a New Part Control of Iron and Steel Production Instal- Broadcast Stations. (Pacific Junction, Iowa) 101 Governing Terrestrial Microwave Fixed lations [MD008/052–3052; FRL–6845–8] received [MM Docket No. 99–50; RM–9425] received Au- Radio Services [WT Docket No. 94–148] August 29, 2000, pursuant to 5 U.S.C. gust 16, 2000, pursuant to 5 U.S.C. Amendment of Part 21 of the Commission’s 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce. Rules for the Domestic Public Fixed Radio 9626. A letter from the Chief, Terrorism 9636. A letter from the Special Assistant to Services [CC Docket No. 93–2] McCaw Cel- and Violent Crime Section, Criminal Divi- the Bureau Chief, Mass Media Bureau, Fed- lular Communications, Inc. Petition for Rule sion,, Environmental Protection Agency and eral Communications Commission, transmit- Making [RM–7861] Amendment of Part 101 of Department of Justice, transmitting the ting the Commission’s final rule—Amend- the Commission’s Rules to Streamline Proc- Agency’s final rule—Accidental Release Pre- ment of Section 73.202(b), Table of Allot- essing of Microwave Applications in the vention Requirements; Risk Management ments, FM Broadcast Stations. (Scappoose Wireless Telecommunications Services [WT Programs Under the Clean Air Act Section and Tillamook, Oregon) [MM Docket No. 99– Docket No. 00–19] Telecommunications In- 112(r)(7); Distribution of Off-Site Con- 276; RM–9702] received August 16, 2000, pursu- dustry Association Petition for Rukemaking sequence Analysis Information (RIN: 2050– ant to 5 U.S.C. 801(a)(1)(A); to the Committee [RM–9418] Received August 25, to the Com- AE80) (RIN: 1105–AA70) received August 4, on Commerce. mittee on Commerce. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9637. A letter from the Special Assistant to 9645. A letter from the Assoc. Bureau Chief/ Committee on Commerce. the Bureau Chief, Mass Media Bureau, Fed- Wireless Telecommunications, WTB/CWD/ 9627. A letter from the Deputy Chief, Ac- eral Communications Commission, transmit- Policy & Rules Branch, Federal Communica- counting Policy Division, Common Carrier ting the Commission’s final rule—Amend- tions Commission, transmitting the Com- Bureau, Federal Communications Commis- ment of Section 73.202(b), Table of Allot- mission’s final rule—Amendment to the sion, transmitting the Commission’s final ments, FM Broadcast Stations (Stratford Commission’s Rules Regarding a Plan for rule—Federal-State Board on Universal and LINCOLN, New Hampshire) [MM Docket Sharing the Costs of Microwave Relocation Service [CC Docket No. 96–45] Changes to the No. 99–84; RM–9501; RM–9594] received August [WT Docket No. 95–157 RM–8643] received Au- Board of Directors Of the National Exchange 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to gust 22, 2000, pursuant to 5 U.S.C. Carriers Association, Inc. [CC Docket No. 97– the Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7271 9646. A letter from the Associate Bureau 43154, IC–24599, File No. S7–31–99] (RIN: 3235– 9666. A communication from the President Chief, WTB, Federal Communications Com- AH82) received August 15, 2000, pursuant to 5 of the United States, transmitting his notifi- mission, transmitting the Commission’s U.S.C. 801(a)(1)(A); to the Committee on cation of his declaration continuing the na- final rule—Amendment of the Commission’s Commerce. tional emergency regarding export control Rules Regarding Multiple Address Systems 9656. A letter from the Deputy Secretary, regulations, pursuant to 50 U.S.C. 1621(a); (H. [WT Docket No. 97–81] received August 22, Division of Market Regulation, Securities Doc. No. 106–282); to the Committee on Inter- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Exchange Commission, transmitting the national Relations and ordered to be printed. Committee on Commerce. Commission’s final rule—Unlisted Trading 9667. A letter from the Assistant Legal Ad- 9647. A letter from the Special Assistant to Privledges [Release No. 34–43217; File No. S7– viser for Treaty Affairs, Department of the Bureau Chief, Mass Media Bureau, Fed- 29–99] (RIN: 3235–AH85) received August 30, State, transmitting Copies of international eral Communications Commission, transmit- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the agreements, other than treaties, entered into ting the Commission’s final rule—Amend- Committee on Commerce. by the United States, pursuant to 1 U.S.C. ment of Section 73.202(b), Table of Allot- 9657. A communication from the President 112b(a); to the Committee on International ments, FM Broadcast Stations (Keesville and of the United States, transmitting notifica- Relations. Dannemora, New York) [MM Docket No. 99– tion that the Iraqi emergency is to continue 9668. A letter from the Assistant Legal Ad- 285, RM–9717, RM–9808] received August 22, in effect beyond August 2, 2000, pursuant to viser for Treaty Affairs, Department of 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 50 U.S.C. 1622(d); (H. Doc. No. 106–279); to the State, transmitting Copies of international Committee on Commerce. Committee on International Relations and agreements, other than treaties, entered into 9648. A letter from the Special Assistant to ordered to be printed. by the United States, pursuant to 1 U.S.C. the Bureau Chief, Mass Media Bureau, Fed- 9658. A communication from the President 112b(a); to the Committee on International eral Communications Commission, transmit- of the United States, transmitting a report Relations. ting the Commission’s final rule—Amend- on developments concerning the national 9669. A communication from the President ment of Section 73.202(b), FM Table of Allot- emergency with respect to Iraq that was de- of the United States, transmitting a supplements, FM Broadcast Stations (Angel Fire, clared in Executive Order No. 12722 of August mental report, consistent with the War Pow- Chama, Taos, New Mexico) [MM Docket No. 2, 1990, pursuant to 50 U.S.C. 1703(c); (H. Doc. ers Resolution, to help ensure that the Con- 99–116 RM–9536] received August 22, 2000, pur- No. 106–280); to the Committee on Inter- gress is kept fully informed on continued suant to 5 U.S.C. 801(a)(1)(A); to the Com- national Relations and ordered to be printed. U.S. contributions in support of peace- 9659. A letter from the Lieutenant General, mittee on Commerce. keeping efforts in the former Yugoslavia; (H. 9649. A letter from the Association Bureau Director, Defense Security Cooperation Doc. No. 106–281); to the Committee on Inter- Agency, transmitting the Department of the Chiefs, Wireless Telecommunications Bu- national Relations and ordered to be printed. Navy’s proposed lease of defense articles to 9670. A letter from the Program Manager, reau, PSPWD, Federal Communications Spain (Transmittal No. 07–00), pursuant to 22 Bureau of Alcohol, Tobacco and Firearms, Commission, transmitting the Commission’s U.S.C. 2776(a); to the Committee on Inter- transmitting the Bureau’s final rule—Imple- final rule—The Development of Operational, national Relations. mentation of the Model Regulations for the Technical and Spectrum Requirements For 9660. A letter from the Director, Inter- Control of the International Movement of Meeting Federal, State and Local Public national Cooperation, Acquisition and Tech- Firearms, Their Parts and Components, and Safety Agency Communication Require- nology, Department of Defense, transmitting Ammunition [T.D. ATF–426] (RIN: 1512–AC01) ments Through the Year 2010 [WT Docket a copy of Transmittal No. 14–00 which con- received June 21, 2000, pursuant to 5 U.S.C. No. 96–86] Establishment of Rules and Re- stitutes a Request for Final Approval to con- 801(a)(1)(A); to the Committee on Inter- quirements For Priority Access Service—re- clude Amendment 1 to the Memorandum of national Relations. ceived August 29, 2000, pursuant to 5 U.S.C. Understanding with the Secretary of Defense 9671. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Commerce. of the United Kingdom of Great Britain and for Legislative Affairs, Department of State, 9650. A letter from the General Counsel, Northern Ireland Concerning transmitting a notification, pursuant to Sec- Federal Energy Regulatory Commission, Counterterrorism Research and Develop- tion 42(b) of the Arms Export Control Act, transmitting the Commission’s final rule— ment, pursuant to 22 U.S.C. 2767(f); to the that the Government of Egypt has requested Optional Certificate and Abandonment Pro- Committee on International Relations. that the United States Government permit cedures for Applications for New Service 9661. A letter from the Director, Inter- the use of Foreign Military Financing for the Under Section 7 of the Natural Gas Act national Cooperation, Acquisition and Tech- sale and limited coproduction of 120mm [Docket No. RM00–5–000; Order No. 615] re- nology, Department of Defense, transmitting training ammunition; to the Committee on ceived August 3, 2000, pursuant to 5 U.S.C. a copy of Transmittal No. 11–00 which con- International Relations. 801(a)(1)(A); to the Committee on Commerce. stitutes a Request for Final Approval to con- 9672. A letter from the Assistant Secretary 9651. A letter from the General Counsel, clude the agreement between the US and for Legislative Affairs, Department of State, Federal Energy Regulatory Commission, Germany concerning In-Service Support of transmitting the Department’s final rule— transmitting the Commission’s final rule— the Rolling Airframe Missile (RAM) Guided Schedule of Fees for Consular Services, De- Depreciation Accounting [Docket No. RM99– Weapon System, pursuant to 22 U.S.C. partment of State and Overseas Embassies 7–000; Order No. 618] received August 9, 2000, 2767(f); to the Committee on International and Consulates—received August 9, 2000, pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Commerce. 9662. A letter from the Director, Inter- mittee on International Relations. 9652. A letter from the Secretary, Bureau national Cooperation, Acquisition and Tech- 9673. A letter from the Assistant Secretary of Consumer Protection, Federal Trade Com- nology, Department of Defense, transmitting for Legislative Affairs, Department of State, mission, transmitting the Commission’s a copy of Transmittal No. 10–00 which con- transmitting a report concerning compliance final rule—Trade Regulation Rule on Care stitutes a Request for Final Approval to con- by the Government of Cuba with the U.S.- Labeling of Textile Wearing Apparel and clude Amendment 5 to the 76/62 Oto Melara Cuba Migration Accords of September 9, 1994, Certain Piece Goods—received August 23, Compact Gun (OMCG) Cooperative Support and May 2, 1995; to the Committee on Inter- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Memorandum of Understanding (MOU), pur- national Relations. Committee on Commerce. suant to 22 U.S.C. 2767(f); to the Committee 9674. A communication from the President 9653. A letter from the Director, Office of on International Relations. of the United States, transmitting a periodic Congressional Affairs, Nuclear Material 9663. A letter from the Director, Inter- report, consistent with the War Powers Res- Safety and Safeguards, Nuclear Regulatory national Cooperation, Acquisition and Tech- olution, on the U.S. military forces sup- Commission, transmitting the Commission’s nology, Department of Defense, transmitting porting the International Force East Timor final rule—Medical Use of Byproduct Mate- a copy of Transmittal No. 12–00 which con- (INTERFET); (H. Doc. No. 106–288); to the rial; Policy Statement, Revision—received stitutes a Request for Final Approval for the Committee on International Relations and August 1, 2000, pursuant to 5 U.S.C. Agreement concerning the NATO Trans- ordered to be printed. 801(a)(1)(A); to the Committee on Commerce. atlantic Advances Radar (NATAR) Project, 9675. A letter from the Chairman, Council 9654. A letter from the Deputy Secretary, pursuant to 22 U.S.C. 2767(f); to the Com- of the District of Columbia, transmitting a Division of Corporate Finance, Securities mittee on International Relations. copy of D.C. Act 13–375, ‘‘Fiscal Year 2001 and Exchange Commission, transmitting the 9664. A communication from the President Budget Support Act of 2000’’—received Au- Commission’s final rule—Financial State- of the United States, transmitting Progress gust 9, 2000, pursuant to D.C. Code section 1– ments and Periodic Reports For Related toward a negotiated settlement of the Cy- 233(c)(1); to the Committee on Government Issuers and Guarantors [Release Nos. 33–7878; prus question covering the period June 1 to Reform. 34–43124; International Series No. 1229; FR–55; July 31, 2000, pursuant to 22 U.S.C. 2373(c); to 9676. A letter from the Auditor, District of File No. S7–7–99] (RIN: 3235–AH52) received the Committee on International Relations. Columbia, transmitting a copy of a report August 9, 2000, pursuant to 5 U.S.C. 9665. A communication from the President entitled ‘‘Current Status of the Contract for 801(a)(1)(A); to the Committee on Commerce. of the United States, transmitting the Presi- the District’s Consolidated Real Property In- 9655. A letter from the Deputy Secretary, dent’s bimonthly report on progress toward a ventory System,’’ pursuant to D.C. Code sec- Office of General Counsel, Securities and Ex- negotiated settlement of the Cyprus prob- tion 47–117(d); to the Committee on Govern- change Commission, transmitting the Com- lem, covering the period April 1 to May 31, ment Reform. mission’s final rule—Selective Disclosure 2000, pursuant to 22 U.S.C. 2373(c); to the 9677. A letter from the Auditor, District of and Insider Trading [Release Nos. 33–7881, 34– Committee on International Relations. Columbia, transmitting a copy of a report

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7272 CONGRESSIONAL RECORD — HOUSE September 6, 2000 entitled ‘‘Review of Metropolitan Police De- with Institutions of Higher Education, Hos- sition Assistance for Surplus and Displaced partment Vehicles Purchased during Fiscal pitals, and Other Non-Profit Organizations Federal Employees (RIN: 3206–AI39) received Years 1996 and 1997,’’ pursuant to D.C. Code (RIN: 0503–AA16) received August 23, 2000, August 9, 2000, pursuant to 5 U.S.C. section 47–117(d); to the Committee on Gov- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Govern- ernment Reform. mittee on Government Reform. ment Reform. 9678. A letter from the Auditor, District of 9690. A letter from the Under Secretary of 9700. A letter from the Director, Office of Columbia, transmitting a copy of a report Commerce for Intellectual Property and Di- Personnel Management, transmitting the Of- entitled ‘‘Statutory Audit of Advisory rector, Patent and Trademark Office, De- fice’s final rule—Prevailing Rate Systems; Neighborhood Commission 4C for the Period partment of Commerce, transmitting the De- Miscellaneous Changes to Certain Federal October 1, 1995 through September 30, 1999,’’ partment’s final rule—Public Information, Wage System Wage Areas (RIN: 3206–AJ21) pursuant to D.C. Code section 47–117(d); to Freedom of Information and Privacy (RIN: received August 9, 2000, pursuant to 5 U.S.C. the Committee on Government Reform. 0651–AB21) received August 25, 2000, pursuant 801(a)(1)(A); to the Committee on Govern- 9679. A letter from the Comptroller Gen- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. eral, General Accounting Office, transmit- Government Reform. 9701. A letter from the Director, WCPS/ ting List of all reports issued or released by 9691. A letter from the Assistant Secretary OCA/SWSD, Office of Personnel Manage- the GAO in June 2000, pursuant to 31 U.S.C. for Environmental Management, Depart- ment, transmitting the Office’s final rule— 719(h); to the Committee on Government Re- ment of Energy, transmitting notification of Prevailing Rate Systems; Abolishment of the form. intent to enter into a three-year extension Philadelphia, PA, Special Wage Schedule for 9680. A letter from the Investing Manager, to contract DE-AC22–96EW96405 with MSE Printing Positions (RIN: 3206–AJ22) received Treasury Division, Army and Air Force Ex- Technology Applications, Incorporated August 29, 2000, pursuant to 5 U.S.C. change Service, transmitting transmitting (MSE-TA) using other competitive proce- 801(a)(1)(A); to the Committee on Govern- the annual report disclosing the financial dures; to the Committee on Government Re- ment Reform. condition of the Retirement Plan and An- form. 9702. A letter from the Librarian of Con- nual Report as required by Public Law 95– 9692. A letter from the Assistant General gress, transmitting the report of the activi- 595, pursuant to 31 U.S.C. 9503(a)(1)(B); to the Counsel for Regulations, Office of Inspector ties of the Library of Congress, including the Committee on Government Reform. General, Department of Housing and Urban Copyright Office, for the fiscal year ending 9681. A letter from the Attorney General, Development, transmitting the Depart- September 30, 1999, pursuant to 2 U.S.C. 139; transmitting the semiannual report on the ment’s final rule—Implementation of the to the Committee on House Administration. 9703. A letter from the Secretary of the In- activities of the Office of Inspector General Privacy Act of 1974 [Docket No. FR–4575–F– terior, transmitting the 1999 Annual Report for the period October 1, 1999, through March 03] (RIN: 2508–AA11) received August 22, 2000, for the Office of Surface Mining Reclamation 31, 2000; and the semiannual management re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Enforcement (OSM), pursuant to 30 port for the same period, pursuant to 5 mittee on Government Reform. U.S.C. 1211(f), 1267(g), and 1295; to the Com- U.S.C. app. (Insp. Gen. Act) section 5(b); to 9693. A letter from the Management Ana- mittee on Resources. lyst, Department of Justice, transmitting the Committee on Government Reform. 9704. A letter from the Assistant Secretary, 9682. A letter from the Chairman, Broad- the semiannual report on activities of the In- Land and Minerals Management, Engineer- casting Board of Governors, transmitting the spector General for the period October 1, ing and Operations Division, Department of Fair Act of 1998 Commercial Activities In- 1999, through March 31, 2000, pursuant to 5 the Interior, transmitting the Department’s ventory, in accordance with Public Law 105– U.S.C. app. (Insp. Gen. Act) section 5(b); to final rule—Oil and Gas and Sulpher Oper- 270; to the Committee on Government Re- the Committee on Government Reform. ations in the Outer Continental Shelf-Sub- 9694. A letter from the Director, Employee form. part O-Well Control and Production Safety 9683. A letter from the Executive Director, Benefits/Payroll/HRIS, Farm Credit District, Training (RIN: 1010–AC41) received August 7, Committee For Purchase From People Who transmitting transmitting the annual report 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Are Blind Or Severely Disabled, transmitting disclosing the financial condition of the Re- Committee on Resources. the Committee’s final rule—Procurement tirement Plan and Annual Report as re- 9705. A letter from the Assistant Secretary List: Additions and Deletions—received July quired by Public Law 95–595, pursuant to 31 for Fish and Wildlife and Parks, Office of Mi- 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 9503(a)(1)(B); to the Committee on gratory Bird Management, Department of the Committee on Government Reform. Government Reform. the Interior, transmitting the Department’s 9684. A letter from the Executive Director, 9695. A letter from the Acting Director, Of- final rule—Migratory Bird Permits; Deter- Committee For Purchase From People Who fice of General Counsel & Legal Policy, Of- mination That the State of Delaware Meets Are Blind Or Severely Disabled, transmitting fice of Government Ethics, transmitting the Federal Falconry Standards (RIN: 1018–AF93) the Committee’s final rule—Procurement Office’s final rule—Standards of Ethical Con- received August 9, 2000, pursuant to 5 U.S.C. List: Additions—received August 9, 2000, pur- duct for Employees of the Executive Branch; 801(a)(1)(A); to the Committee on Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Definition of Compensation for Purposes of 9706. A letter from the Acting Director, Of- mittee on Government Reform. Prohibition on Acceptance of Compensation fice of Surface Mining, Department of the In- 9685. A letter from the Executive Director, in Connection with Certain Teaching, Speak- terior, transmitting the Department’s final Committee For Purchase From People Who ing and Writing Activities (RIN: 3209–AAO4) rule—West Virginia Regulatory Program Are Blind Or Severely Disabled, transmitting received August 22, 2000, pursuant to 5 U.S.C. [WV–085–FOR] received August 14, 2000, pur- the Committee’s final rule—Procurement 801(a)(1)(A); to the Committee on Govern- suant to 5 U.S.C. 801(a)(1)(A); to the Com- List: Additions and Deletions—received Au- ment Reform. mittee on Resources. gust 17, 2000; to the Committee on Govern- 9696. A letter from the Director, Workforce 9707. A letter from the Assistant Secretary, ment Reform. Compensation and Performance Service, Of- Land & Minerals Management, Department 9686. A letter from the Executive Director, fice of Personnel Management, transmitting of the Interior, transmitting the Depart- Committee For Purchase From People Who the Office’s final rule—Cost-of-Living Allow- ment’s final rule—Leasing of Solid Minerals Are Blind Or Severely Disabled, transmitting ances (Nonforeign Areas); Guam and the Other Than Coal and Oil Shale [WO–320–1990– the Committee’s final rule—Procurement Commonwealth of the Northern Mariana Is- 01–24 A] (RIN: 1004–AC49) received August 16, List: Additions and Deletions—received Au- lands (RIN: 3206–AJ15) received August 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the gust 25, 2000, pursuant to 5 U.S.C. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Govern- Committee on Government Reform. 9708. A letter from the Acting Assistant ment Reform. 9697. A letter from the Director, Workforce Secretary for Fish and Wildlife and Parks, 9687. A letter from the Executive Director, Compensation and Performance Service, Of- Fish and Wildlife Service, Department of the Committee For Purchase From People Who fice of Personnel Management, transmitting Interior, transmitting the Department’s Are Blind Or Severely Disabled, transmitting the Office’s final rule—Cost-of-Living Allow- final rule—Migratory Bird Hunting; Final the Committee’s final rule—Procurement ances (Nonforeign Areas); Honolulu, HI (RIN: Frameworks for Early-Season Migratory List: Additions—received August 18, 2000, 3206–AI38) received August 4, 2000, pursuant Bird Hunting Regulations (RIN: 1018–AG08) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on received August 18, 2000, pursuant to 5 U.S.C. mittee on Government Reform. Government Reform. 801(a)(1)(A); to the Committee on Resources. 9688. A letter from the Comptroller Gen- 9698. A letter from the Director, Office of 9709. A letter from the Acting Assistant eral, transmitting a report on General Ac- Personnel Management, Office of Personnel Secretary for Fish and Wildlife and Parks, counting Office Employees detailed to con- Management, transmitting the Office’s final U.S. Fish and Wildlife Service, Department gressional committees as of July 14, 2000; to rule—Pay Administration; Back Pay; Holi- of the Interior, transmitting the Depart- the Committee on Government Reform. days; and Physicians’ Comparability Allow- ment’s final rule—Migratory Bird Hunting; 9689. A letter from the Chief Financial Offi- ances (RIN: 3206–AI61) received August 9, Early Seasons and Bag and Possessions Lim- cer, Department of Agriculture, transmit- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the its for Certain Migratory Game Birds in the ting the Department’s final rule—Uniform Committee on Government Reform. Contiguous United States, Alaska, Hawaii, Administrative Requirements for Grants and 9699. A letter from the Director, Employ- Puerto Rico, and the Virgin Islands (RIN: Cooperative Agreements to State and Local ment Service, Workforce Restructuring Of- 1018–AG08) received August 29, 2000, pursuant Governments and Uniform Administrative fice, Office of Personnel Management, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on Requirements for Grants and Agreements mitting the Office’s final rule—Career Tran- Resources.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7273 9710. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- mittee on Resources. Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and 9718. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of Atmospheric Administration, transmitting fice of Sustainable Fisheries, National Ma- the Exclusive Economic Zone Off Alaska; Pa- the Administration’s final rule—Fisheries of rine Fisheries Service, National Oceanic and cific Cod in the Western Regulatory Area of the Exclusive Economic Zone Off Alaska; Atmospheric Administration, transmitting the Gulf of Alaska [Docket No. 000211039– Pollock for Processing by the Inshore Com- the Administration’s final rule—Fisheries of 0039–01; I.D. 073100B] received August 9, 2000, ponent in the Bering Sea Subarea [Docket the Exclusive Economic Zone Off Alaska; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 000211040–0040–01; I.D. 072800A] received Other Rockfish in the West Yakutat District mittee on Resources. August 1, 2000, pursuant to 5 U.S.C. of the Gulf of Alaska [Docket 000211039–0039– 9727. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. 01; I.D. 072500D] received August 1, 2000, pur- fice of Sustainable Fisheries, National Ma- 9711. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- mittee on Resources. Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and 9719. A letter from the Acting Director, Of- the Administration’s final rule—Atlantic Atmospheric Administration, transmitting fice of Sustainable Fisheries, National Ma- Highly Migratory Species; Atlantic Bluefin the Administration’s final rule—Fisheries of rine Fisheries Service, National Oceanic and Tuna [I.D. 061500D] received August 9, 2000, the Exclusive Economic Zone Off Alaska; Atmospheric Administration, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Northern Rockfish in the Western Regu- the Administration’s final rule—Fisheries of mittee on Resources. latory Area of the Gulf of Alaska [Docket the Exclusive Economic Zone Off Alaska; 9728. A letter from the Acting Director, Of- No. 000211039–0039–01; I.D. 072400C] received Northern Rockfish in the Central Regulatory fice of Sustainable Fisheries, National Ma- August 1, 2000, pursuant to 5 U.S.C. Area of the Gulf of Alaska [Docket No. rine Fisheries Service, National Oceanic and 801(a)(1)(A); to the Committee on Resources. 000211039–0039–01; I.D. 072500C] received Au- Atmospheric Administration, transmitting 9712. A letter from the Acting Director, Of- gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); the Administration’s final rule—Atlantic fice of Sustainable Fisheries, National Ma- to the Committee on Resources. Highly Migratory Species Fisheries; Atlantic rine Fisheries Service, National Oceanic and 9720. A letter from the Under Secretary, Bluefin Tuna [I.D. 072100C] received August Atmospheric Administration, transmitting Ocean and Atmosphere, National Oceanic 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administration’s final rule—Fisheries of and Atmospheric Administration, transmit- the Committee on Resources. the Exclusive Economic Zone Off Alaska; Sa- ting the annual report of the Coastal Zone 9729. A letter from the Assistant Adminis- blefish by Vessels Using Trawling Gear in Management Fund for the National Oceanic trator for Fisheries, National Marine Fish- the Central Regulatory Area of the Gulf of and Atmospheric Administration for fiscal eries Service, National Oceanic and Atmos- Alaska [Docket No. 990304062–9062–02; I.D. year 1999, pursuant to 16 U.S.C. 1456a(b)(3); to pheric Administration, transmitting the Ad- 072400B] received August 1, 2000, pursuant to the Committee on Resources. ministration’s final rule—Atlantic Highly 9721. A letter from the Acting Director, Of- 5 U.S.C. 801(a)(1)(A); to the Committee on Migratory Species; Pelagic Longline Man- fice of Sustainable Fisheries, National Ma- Resources. agement [Docket No. 991210332–0212–02; I.D. rine Fisheries Service, National Oceanic and 9713. A letter from the Acting Director, Of- 110499B] (RIN: 0648–AM79) received August 14, Atmospheric Administration, transmitting fice of Sustainable Fisheries, National Ma- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Administration’s final rule—Fisheries of rine Fisheries Service, National Oceanic and Committee on Resources. the Northeastern United States; Scup Fish- Atmospheric Administration, transmitting 9730. A letter from the Acting Assistant ery; Commercial Quota Harvested for Sum- the Administration’s final rule—Fisheries of Administrator for Fisheries, National Ma- mer Period [Docket No. 000119014–0137–02; I.D. the Exclusive Economic Zone Off Alaska; Pa- rine Fisheries Service, National Oceanic and 072600E] received August 3, 2000, pursuant to cific Ocean Perch in the Western Aleutian Atmospheric Administration, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on District of the Bering Sea and Aleutian Is- the Administration’s final rule—Fisheries of Resources. lands [Docket No. 000211040–0040–01; I.D. 9722. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; 072000A] received August 1, 2000, pursuant to fice of Sustainable Fisheries, National Ma- Closure of Critical Habitat Pursuant to a 5 U.S.C. 801(a)(1)(A); to the Committee on rine Fisheries Service, National Oceanic and Court Order [Docket No. 991228352–0229–04; Resources. Atmospheric Administration, transmitting I.D. 080800A] (RIN: 0648–A044) received Au- 9714. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries off gust 16, 2000, pursuant to 5 U.S.C. fice of Sustainable Fisheries, Domestic Fish- the West Coast States and in the Western 801(a)(1)(A); to the Committee on Resources. eries Division, National Oceanic and Atmos- Pacific; Pacific Coast Groundfish Fishery; 9731. A letter from the Acting Director, Of- pheric Administration, transmitting the Ad- Trip Limit Adjustments [Docket No. fice of Sustainable Fisheries, National Ma- ministration’s final rule—Fisheries of the 991223347–9347; I.D. 071200C] received August rine Fisheries Service, National Oceanic and Northeastern United States; Black Sea Bass 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Atmospheric Administration, transmitting Fishery; Commercial Quota Harvested for the Committee on Resources. the Administration’s final rule—Fisheries of Quarter 3 Period [Docket No. 000119014–0137– 9723. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; 02; I.D. 071800B] received August 1, 2000, pur- fice of Sustainable Fisheries, National Ma- Pollock in Statistical Areas 620 and 630 in suant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and the Gulf of Alaska [Docket No. 991228352– mittee on Resources. Atmospheric Administration, transmitting 0012–02; I.D. 081800B] received August 25, 2000, 9715. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, National Ma- the Northeastern United States; Spiny mittee on Resources. rine Fisheries Service, National Oceanic and Dogfish Fishery; Commercial Quota Har- 9732. A letter from the Assistant Adminis- Atmospheric Administration, transmitting vested for Period 1 [Docket No. 000426114– trator for Fisheries, National Marine Fish- the Administration’s final rule—Atlantic 0114–01; I.D. 072600D] received August 9, 2000, eries Service, National Oceanic and Atmos- Highly Migratory Species (HMS); Atlantic pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pheric Administration, transmitting the Ad- Bluefin Tuna Specifications and HMS Regu- mittee on Resources. ministration’s final rule—Fisheries of the latory Amendment [Docket No. 000515139– 9724. A letter from the Acting Director, Of- Exclusive Economic Zone Off Alaska; Alloca- 0203–02; I.D. 041200D] (RIN: 0648–AO03) re- fice of Sustainable Fisheries, National Ma- tion of Pacific Cod Among Vessels Using ceived August 1, 2000, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and Hook-and-line or Pot Gear in the Bering Sea 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting and Aleutian Islands [Docket No. 000511130– 9716. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of 0237–02 I.D. 032900C] (RIN: 0648–AN25) received fice of Sustainable Fisheries, National Ma- the Northeastern United States; Summer August 25, 2000, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and Flounder Fishery; Commercial Quota Har- 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting vested for Connecticut [Docket No. 000119014– 9733. A letter from the Deputy Assistant the Administration’s final rule—Fisheries of 0137–02; I.D. 072400E] received August 9, 2000, Administrator for Fisheries, National Ma- the Exclusive Economic Zone Off Alaska; Pe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and lagic Shelf Rockfish in the Central Regu- mittee on Resources. Atmospheric Administration, transmitting latory Area of the Gulf of Alaska [Docket 9725. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of No. 000211039–0039–01; I.D. 072500A] received fice of Sustainable Fisheries, National Ma- the Caribbean, Gulf of Mexico, and South At- August 1, 2000, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and lantic; Snapper-Grouper Fishery off the 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting Southern Atlantic States; Amendment 12 9717. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of [Docket No. 000502120–0215–02; I.D. 041000E[ fice of Sustainable Fisheries, National Ma- the Exclusive Economic Zone Off Alaska; (RIN: 0648–AN39) received August 25, 2000, rine Fisheries Service, National Oceanic and Arrowtooth Flounder in the Western Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Atmospheric Administration, transmitting latory Area of the Gulf of Alaska [Docket mittee on Resources. the Administration’s final rule—Fisheries of No. 000211039–0039–01; I.D. 073100A] received 9734. A letter from the Deputy Assistant the Exclusive Economic Zone Off Alaska; Pe- August 9, 2000, pursuant to 5 U.S.C. Administrator for Fisheries, National Ma- lagic Shelf Rockfish in the West Yakutat 801(a)(1)(A); to the Committee on Resources. rine Fisheries Service, National Oceanic and District of the Gulf of Alaska [Docket No. 9726. A letter from the Acting Director, Of- Atmospheric Administration, transmitting 000211039–0039–1] received August 1, 2000, pur- fice of Sustainable Fisheries, National Ma- the Administration’s final rule—Fisheries of

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7274 CONGRESSIONAL RECORD — HOUSE September 6, 2000 the Northeastern United States; Northeast Department of Justice, transmitting the De- 1999 annual report of the activities of the Multispecies Fishery; Framework Adjust- partment’s final rule—Professional Conduct Commission, pursuant to 28 U.S.C. 997; to the ment 35 to the Northeast Multispecies Fish- for Practitioners—Rules and Procedures Committee on the Judiciary. ery Management Plan [Docket No. 000803226– [EOIR No. 112F; A.G. Order No. 2309–2000[ 9754. A letter from the Program Analyst, 0226–01; I.D. 070500D] (RIN: 0648–AO15) re- (RIN: 1125–AA13) received August 9, 2000, pur- FAA, Department of Transportation, trans- ceived August 29, 2000, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Stand- 801(a)(1)(A); to the Committee on Resources. mittee on the Judiciary. ard Instrument Approach Procedures; Mis- 9735. A letter from the Acting Director, Of- 9744. A letter from the Acting Assistant cellaneous Amendments [Docket No. 30120; fice of Sustainable Fisheries Service, NMFS, Attorney General, Office of Justice Pro- Amdt. No. 2001] received July 31, 2000, pursu- National Oceanic and Atmospheric Adminis- grams, Department of Justice, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee tration, transmitting the Administration’s the Department’s final rule—Environmental on Transportation and Infrastructure. final rule—Fisheries of the Exclusive Eco- Impact Review Procedures for the VOI/TIS 9755. A letter from the Program Analyst, nomic Zone Off Alaska; Shallow-water Spe- Grant Program [OJP(OJP)-1277] (RIN: 1121– FAA, Department of Transportation, trans- cies Fishery by Vessels Using Trawl Gear in AA52) received August 9, 2000, pursuant to 5 mitting the Department’s final rule—Stand- the Gulf of Alaska [Docket No. 000211039– U.S.C. 801(a)(1)(A); to the Committee on the ard Instrument Approach Procedures; Mis- 0039–01; I.D. 08100C] received August 29, 2000, Judiciary. cellaneous Amendments [Docket No. 30121; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9745. A letter from the Deputy Director, Of- Amdt. No. 2002] received July 31, 2000, pursu- mittee on Resources. fice of Enforcement Policy, Wage and Hour ant to 5 U.S.C. 801(a)(1)(A); to the Committee 9736. A letter from the Assistant Adminis- Division, Department of Labor, transmitting on Transportation and Infrastructure. trator for Fisheries, National Marine Fish- the Department’s final rule—Attestations by 9756. A letter from the Program Analyst, eries Service, National Oceanic and Atmos- Facilities Temporarily Employing H–1C Non- FAA, Department of Transportation, trans- pheric Administration, transmitting the Ad- immigrant Aliens as Registered Nurses (RIN: mitting the Department’s final rule—Air- ministration’s final rule—Fisheries of the 1205–AB27) received August 23, 2000, pursuant worthiness Directives; Stemme GmbH & Co. Caribbean, Gulf of Mexico, and South Atlan- to 5 U.S.C. 801(a)(1)(A); to the Committee on KG Models S10–V and S10–VT Sailplanes tic; Reef Fish Fishery of the Gulf of Mexico; the Judiciary. [Docket No. 99–CE–25–AD; Amendment 39– Red Snapper Management Measures [Docket 9746. A letter from the Assistant Secretary 11832; AD 2000–15–03] (RIN: 2120–AA64) re- No. 000810231–0231–01; I.D. 042400I] (RIN: 0648– for Legislative Affairs, Department of State, ceived July 31, 2000, pursuant to 5 U.S.C. AM04) received August 29, 2000, pursuant to 5 transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Re- Documentation of Immigrants and Non- tation and Infrastructure. immigrants Under the Immigration and Na- 9757. A letter from the Program Analyst, sources. FAA, Department of Transportation, trans- 9737. A letter from the Acting Director, Of- tionality Act, as Amended—Change in Proce- mitting the Department’s final rule—Air- fice of Sustainable Fisheries, National Oce- dures for Payment of Immigrant Visa Fees worthiness Directives; Boeing Model 747 Se- anic and Atmospheric Administration, trans- [Public Notice 3377] received August 29, 2000, ries Airplanes [Docket No. 99–NM–335–AD; mitting the Administration’s final rule—At- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment 39–11810; AD 2000–14–01] (RIN: lantic Highly Migratory Species (HMS) Fish- mittee on the Judiciary. 9747. A letter from the Assistant Secretary 2120–AA64) received July 31, 2000, pursuant to eries; Vessel Monitoring Systems [Docket for Legislative Affairs, Department of State, 5 U.S.C. 801(a)(1)(A); to the Committee on No. 981216308–9124–02; I.D. 040500B] (RIN: 0648– transmitting the Department’s final rule— Transportation and Infrastructure. AJ67) received August 29, 2000, pursuant to 5 Documentation of Nonimmigrants Under the 9758. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Re- Immigration and Nationality Act, as Amend- FAA, Department of Transportation, trans- sources. ed—Waiver of Nonimmigrant Visa Fees for mitting the Department’s final rule—Air- 9738. A letter from the Acting Director, Of- Members of Observer Missions to the United worthiness Directives; McDonnell Douglas fice of Sustainable Fisheries, National Oce- Nations—received August 25, 2000, pursuant Model DC–10–10, –15, –30, and –40 Series Air- anic and Atmospheric Administration, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on planes; Model MD–10–10F and MD–10–30F Se- mitting the Administration’s final rule—At- the Judiciary. ries Airplanes; and KC–10A (Military) Air- lantic Highly Migratory Species Fisheries; 9748. A letter from the Assistant Secretary planes [Docket No. 98–NM–288–AD; Amend- Atlantic Bluefin Tuna [I.D. 080300A] received for Legislative Affairs, Department of State, ment 39–11820; AD 2000–14–10] (RIN: 2120– August 29, 2000, pursuant to 5 U.S.C. transmitting the Department’s final rule— AA64) received July 31, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Resources. Documentation of Nonimmigrants Under the U.S.C. 801(a)(1)(A); to the Committee on 9739. A letter from the Acting Director, Of- Immigration and Nationality Act, as Amend- Transportation and Infrastructure. fice of Sustainable Fisheries, NMFS, Na- ed—Addition of Department of Labor for Ap- 9759. A letter from the Program Analyst, tional Oceanic and Atmospheric Administra- proval of Certain Nonimmigrant Petitions— FAA, Department of Transportation, trans- tion, transmitting the Administration’s final received August 25, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- rule—Fisheries of the Caribbean, Gulf of 801(a)(1)(A); to the Committee on the Judici- worthiness Directives; Boeing Model 747 Se- Mexico, and South Atlantic; Coastal Migra- ary. ries Airplanes [Docket No. 99–NM–64–AD; tory Pelagic Resources of the Gulf of Mexico 9749. A letter from the Secretary, Federal Amendment 39–11821; AD 2000–14–11] (RIN: and South Atlantic; Closure [Docket No. Trade Commission, transmitting the Com- 2120–AA64) received July 31, 2000, pursuant to 970930235–8028–02; I.D. 082300B] received Au- mission’s Twenty-Second Annual Report to 5 U.S.C. 801(a)(1)(A); to the Committee on gust 29, 2000, pursuant to 5 U.S.C. Congress pursuant to section 7A of the Clay- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Resources. ton Act, pursuant to 15 U.S.C. 18a(j); to the 9760. A letter from the Program Analyst, 9740. A letter from the Acting Director, Of- Committee on the Judiciary. FAA, Department of Transportation, trans- fice of Sustainable Fisheries, NMFS, Na- 9750. A letter from the Director, Office of mitting the Department’s final rule—Air- tional Oceanic and Atmospheric Administra- General Counsel & Legal Policy, Office of worthiness Directives; Boeing Model 737–200, tion, transmitting the Administration’s final Government Ethics, transmitting the Of- -300, -400, and -500 Series Airplanes [Docket rule—Fisheries of the Exclusive Economic fice’s final rule—Exemption Under 18 U.S.C. No. 2000–NM–103–AD; Amendment 39–11823; Zone Off Alaska; Deep-water Species Fishery 208(b) (2) for Financial Interests of Non-Fed- AD 2000–14–13] (RIN: 2120–AA64) July 31, 2000, by Vessels Using Trawl Gear in the Gulf of eral Government Employers in the Decennial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Alaska [Docket No. 000211039–0039–01; I.D. Census (RIN: 3209–AA09) received August 1, mittee on Transportation and Infrastruc- 082200A] received August 29, 2000, pursuant to 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on the Judiciary. 9761. A letter from the Program Analyst, Resources. 9751. A letter from the Under Secretary of FAA, Department of Transportation, trans- 9741. A letter from the Assistant Attorney Commerce for Intellectual Property and Di- mitting the Department’s final rule—Air- General, Department of Justice, transmit- rector, Patent and Trademark Office, trans- worthiness Directives; Short Brothers Model ting the report on the administration of the mitting the Office’s final rule—Revision of SD3–60 Series Airplanes [Docket No. 2000– Foreign Agents Registration Act covering Patent Fees for Fiscal Year 2001 (RIN: 0651– NM–12–AD; Amendment 39–11818; AD 2000–14– the six months ended December 31, 1999, pur- AB01) received August 7, 2000, pursuant to 5 09] (RIN: 2120–AA64) received July 31, 2000, suant to 22 U.S.C. 621; to the Committee on U.S.C. 801(a)(1)(A); to the Committee on the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Judiciary. Judiciary. mittee on Transportation and Infrastruc- 9742. A letter from the Under Secretary of 9752. A letter from the Under Secretary of ture. Commerce for Intellectual Property and Di- Commerce for Intellectual Property and Di- 9762. A letter from the Acting Chief, Office rector, Patent and Trademark Office, De- rector, Patent and Trademark Office, trans- of Regulations and Administrative Law, partment of Commerce, transmitting the Of- mitting the Office’s final rule—Request for USCG, Department of Transportation, trans- fice’s final rule—Changes to Implement the Continued Examination Practice and mitting the Department’s final rule—Special Patent Business Goals [Docket No. 980826226– Changes to Provisional Application Practice Local Regulations; Harbour Town Fireworks 0202–03] (RIN: 0651–AA98) received August 25, (RIN: 0651–AB13) received August 10, 2000, Display, Calibogue Sound, Hilton Head, SC 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [CGD07–00–062] (RIN: 2115–AE46) received Au- Committee on the Judiciary. mittee on the Judiciary. gust 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 9743. A letter from the General Counsel, 9753. A letter from the Chair, United States to the Committee on Transportation and In- Executive Office for Immigration Review, Sentencing Commission, transmitting the frastructure.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7275 9763. A letter from the Acting Chief, Office 9772. A letter from the Acting Chief, Office Records Improvements [Docket No. NHTSA– of Regulations and Administrative Law, of Regulations and Administrative Law, 98–4532] (RIN: 2127–AH43) received August 10, USCG, Department of Transportation, trans- USCG, Department of Transportation, trans- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Safety mitting the Department’s final rule—Safety Committee on Transportation and Infra- Zone: Manchester Fourth of July Fireworks, and Security Zones: Presidential Visit, Mar- structure. Manchester, Massachusetts [CGD1–00–157] tha’s Vineyard, MA [CGD01–00–190] (RIN: 9782. A letter from the Program Analyst, (RIN: 2115–AA97) received August 4, 2000, pur- 2115–AA97A) received August 7, 2000, pursu- FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- on Transportation and Infrastructure. worthiness Directives; Air Tractor, Inc. Mod- ture. 9773. A letter from the Acting Chief, Office els AT–501, AT–502, and AT–502A Airplanes 9764. A letter from the Acting Chief, Office of Regulations and Administrative Law, [Docket No. 2000–CE–40–AD; Amendment 39– of Regulations and Administrative Law, USCG, Department of Transportation, trans- 11837; AD 2000–14–51] (RIN: 2120–AA64) re- USCG, Department of Transportation, transmitting the Department’s final rule—Tem- ceived August 10, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Safety porary Regulations: OPSAIL 2000, Port of 801(a)(1)(A); to the Committee on Transpor- Zone Regulations, Seafair Blue Angels Per- New London, CT [CGD01–99–203] (RIN: 2115– tation and Infrastructure. formance, Lake Washington, WA [CGD13–00– AA98, AA84, AE46) received August 7, 2000, 9783. A letter from the Program Analyst, 022] (RIN: 2115–AA97) received August 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- mitting the Department’s final rule—Amend- mittee on Transportation and Infrastruc- ture. ment to Class E Airspace; Atwood, KS; Cor- ture. 9774. A letter from the Acting Chief, Office rection [Airspace Docket No. 00–ACE–19] re- 9765. A letter from the Acting Chief, Office of Regulations and Administrative Law, ceived August 17, 2000, pursuant to 5 U.S.C. of Regulations and Administrative Law, USCG, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- USCG, Department of Transportation, transmitting the Department’s final rule—Safety tation and Infrastructure. mitting the Department’s final rule—United Zone: Staten Island Fireworks, Arthur Kill 9784. A letter from the Program Analyst, States Army Bridge Exercise across the Ar- [CGD01–00–015] (RIN: 2115–AA97) received Au- FAA, Department of Transportation, trans- kansas River [COTP Memphis, TN Regula- gust 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); mitting the Department’s final rule—Rev- tion 00–014] (RIN: 2115–AA97) received August to the Committee on Transportation and In- ocation of Restricted Area R–3302 Savanna; 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to frastructure. IL [Airspace Docket No. 00–AGL–21] (RIN: the Committee on Transportation and Infra- 9775. A letter from the Acting Chief, Office 2120–AA66) received August 17, 2000, pursuant structure. of Regulations and Administrative Law, to 5 U.S.C. 801(a)(1)(A); to the Committee on 9766. A letter from the Acting Chief, Office USCG, Department of Transportation, trans- Transportation and Infrastructure. of Regulations and Administrative Law, mitting the Department’s final rule—Safety 9785. A letter from the Program Analyst, USCG, Department of Transportation, trans- Zone Regulation for San Juan Harbor, Puer- FAA, Department of Transportation, transmitting the Department’s final rule—Safety to Rico [COTP San Juan 00–065] (RIN: 2115– mitting the Department’s final rule—Amend- Zone: USS JOHN F. KENNEDY, Boston Har- AA97) received August 7, 2000, pursuant to 5 ment of VOR Federal Airway V–162 [Airspace bor, Boston, Massachusetts [CGD01–00–130] U.S.C. 801(a)(1)(A); to the Committee on Docket No. 00–AEA–1] (RIN: 2120–AA66) re- (RIN: 2115–AA97) received August 4, 2000, pur- Transportation and Infrastructure. ceived August 17, 2000, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 9776. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- tation and Infrastructure. ture. mitting the Department’s final rule—Air- 9786. A letter from the Program Analyst, 9767. A letter from the Acting Chief, Office worthiness Directives; Boeing Model 747–400 FAA, Department of Transportation, trans- of Regulations and Administrative Law, Series Airplanes [Docket No. 2000–NM–151– mitting the Department’s final rule—Modi- USCG, Department of Transportation, trans- AD; Amendment 39–11831; AD 2000–15–02] fication of Class E airspace; Wenatchee, WA mitting the Department’s final rule—Safety (RIN: 2120–AA64) received August 14, 2000, [Airspace Docket No. 00–ANM–07] received Zone; Gastineau Channel, Juneau, AK [COTP August 17, 2000, pursuant to 5 U.S.C. Southeast Alaska 00–005] (RIN: 2115–AA97) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- ceived August 4, 2000, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- ture. tation and Infrastructure. 9777. A letter from the Program Analyst, 9787. A letter from the Program Analyst, tation and Infrastructure. 9768. A letter from the Acting Chief, Office FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- of Regulations and Administrative Law, mitting the Department’s final rule—Air- mitting the Department’s final rule—Revi- USCG, Department of Transportation, trans- worthiness Directives; Boeing Model 747–100, sion of Class E Airspace, Englewood, CO [Air- mitting the Department’s final rule—Safety –200, –300, 747SR, and 747SP Series Airplanes space Docket No. 00–ANM–01] received Au- Zone: New York Harbor, Western Long Is- [Docket No. 97–Nm-88–Ad; Amendment 39– gust 17, 2000, pursuant to 5 U.S.C. land Sound, East and Hudson Rivers Fire- 1748; AD 2000–10–23] (RIN: 2120–AA64) received 801(a)(1)(A); to the Committee on Transpor- works [CGD01–00–004] (RIN: 2115–AA97) re- August 14, 2000, pursuant to 5 U.S.C. tation and Infrastructure. ceived August 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 9788. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. FAA, Department of Transportation, trans- tation and Infrastructure. 9778. A letter from the Program Analyst, mitting the Department’s final rule—Amend- 9769. A letter from the Program Analyst, FAA, Department of Transportation, trans- ment to Class E Airspace; Washington, MO FAA, Department of Transportation, transmitting the Department’s final rule—Air- [Airspace Docket No. 00–ACE–24] received mitting the Department’s final rule—Air- worthiness Directives; Boeing Model 727 Se- August 17, 2000, pursuant to 5 U.S.C. worthiness Directives; McDonnell Douglas ries Airplanes Modified in Accordance with 801(a)(1)(A); to the Committee on Transpor- Model MD–11 Series Airplanes [Docket No. Valsan Supplemental Type Certificate (STC) tation and Infrastructure. 2000–NM–30–AD; Amendment 39–11829; AD SA4363NM [Docket No. 2000–NM–248–AD; 9789. A letter from the Program Analyst, 2000–14–18] (RIN: 2120–AA64) received August Amendment 39–11838; AD 90–15–12R1] (RIN: FAA, Department of Transportation, trans- 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 2120–AA64) received August 14, 2000, pursuant mitting the Department’s final rule—Modi- the Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on fication of Class D Airspace; Chicago, Aurora structure. Transportation and Infrastructure. Municipal Airport, IL; and modification of 9770. A letter from the Program Analyst, 9779. A letter from the Program Analyst, Class E Airspace; Chicago, Aurora Municipal FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Airport, IL [Airspace Docket No. 00–AGL–15] mitting the Department’s final rule—Air- mitting the Department’s final rule—Revi- received August 17, 2000, pursuant to 5 U.S.C. worthiness Directives; Air Tractor, Inc. Mod- sion of Class E airspace, North Bend, OR 801(a)(1)(A); to the Committee on Transpor- els AT–501, AT–502, and AT–501A Airplanes [Airspace Docket No. 99–ANM–12] received tation and Infrastructure. [Docket No. 2000–CE–40–AD; Amendment 39– August 10, 2000, pursuant to 5 U.S.C. 9790. A letter from the Program Analyst, 11837; AD 2000–14–51] (RIN: 2120–AA64) re- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- ceived August 4, 2000, pursuant to 5 U.S.C. tation and Infrastructure. mitting the Department’s final rule—Modi- 801(a)(1)(A); to the Committee on Transpor- 9780. A letter from the Attorney, RSPA, fication of Class D Airspace; Gary, IN; and tation and Infrastructure. Department of Transportation, transmitting modification of Class E Airspace; Gary, IN 9771. A letter from the Acting Chief, Regu- the Department’s final rule—Hazardous Ma- [Airspace Docket No. 00–AGL–16] received lations and Administrative Law, USCG, De- terials; Miscellaneous Amendments [Docket August 17, 2000, pursuant to 5 U.S.C. partment of Transportation, transmitting No. RSPA–99–6213 (HM–218)] (RIN: 2137–AD16) 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Security Zone: received August 10, 2000, pursuant to 5 U.S.C. tation and Infrastructure. Dignitary Arrival/Departure and United Na- 801(a)(1)(A); to the Committee on Transpor- 9791. A letter from the Program Analyst, tions Meetings, New York, NY [CGD01–00– tation and Infrastructure. FAA, Department of Transportation, trans- 146] (RIN: 2115–AA97) received August 7, 2000, 9781. A letter from the ACC for General mitting the Department’s final rule—Modi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Law, NHTSA, Department of Transpor- fication of Class E Airspace; Marquette, MI mittee on Transportation and Infrastruc- tation, transmitting the Department’s final [Airspace Docket No. 00–AGL–02] received ture. rule—State Highway Safety Data and Traffic August 17, 2000, pursuant to 5 U.S.C.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7276 CONGRESSIONAL RECORD — HOUSE September 6, 2000 801(a)(1)(A); to the Committee on Transpor- Model DC–8 Series Airplanes [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. 2000–NM–100–AD; Amendment 39–11843; AD mittee on Transportation and Infrastruc- 9792. A letter from the Program Analyst, 2000–15–11] (RIN: 2120–AA64) received August ture. FAA, Department of Transportation, trans- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9811. A letter from the Program Analyst, mitting the Department’s final rule—Re- the Committee on Transportation and Infra- FAA, Department of Transportation, trans- alignment of Jet Route J–151 (RIN: 2120–AA structure. mitting the Department’s final rule—Air- 66) received August 17, 2000, pursuant to 5 9803. A letter from the Program Analyst, worthiness Directives; Eurocopter France U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- Model SA–365N, N1, and AS–365N2, N3 Heli- Transportation and Infrastructure. mitting the Department’s final rule—Air- copters [Docket No. 2000–SW–09–AD; Amend- 9793. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas ment 39–11852; AD 2000–15–19] (RIN: 2120– FAA, Department of Transportation, trans- Model DC–10–10, –10F, –15, –30, –30F (KC–10A AA64) received August 17, 2000, pursuant to 5 mitting the Department’s final rule—Estab- and KDC–10 Military), –40, and –40F Series U.S.C. 801(a)(1)(A); to the Committee on lishment of Class D Airspace; Boca Raton, Airplanes [Docket No. 99–NM–211–AD; Transportation and Infrastructure. FL [Airspace Docket No. 00–ASO–22] received Amendment 39–11834; AD 2000–15–05] (RIN: 9812. A letter from the Program Analyst, August 17, 2000, pursuant to 5 U.S.C. 2120–AA64) received August 17, 2000, pursuant FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- tation and Infrastructure. Transportation and Infrastructure. worthiness Directives; Airbus Model A319, 9794. A letter from the Program Analyst, 9804. A letter from the Program Analyst, A320, and A321 Series Airplanes [Docket No. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 99–NM–331–AD; Amendment 39–11769; AD mitting the Department’s final rule—Estab- mitting the Department’s final rule—Air- 2000–11–21] (RIN: 2120–AA64) received August lishment of Class E Airspace; Minneapolis, worthiness Directives; McDonnell Douglas 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Crystal Airport, MN Correction [Airspace Model DC–10 Series Airplanes [Docket No. the Committee on Transportation and Infra- Docket No. 00–AGL–10] received August 17, 99–NM–214–AD; Amendment 39–11835; AD structure. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2000–15–06] (RIN: 2120–AA64) received August 9813. A letter from the Regulations Officer, Committee on Transportation and Infra- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to FHA, Department of Transportation, trans- structure. the Committee on Transportation and Infra- mitting the Department’s final rule—Payroll 9795. A letter from the Program Analyst, structure. and Related Expenses of Public Employees; FAA, Department of Transportation, trans- 9805. A letter from the Program Analyst, General Administration and Other Overhead; mitting the Department’s final rule—Modi- FAA, Department of Transportation, trans- and Cost Accumulation Centers and Dis- fication of Class E Airspace; Ionia, MI [Air- mitting the Department’s final rule—Air- tribution Methods (RIN: 2125–AE74) received space Docket No. 00–AGL–13] received Au- worthiness Directives; McDonnell Douglas August 17, 2000, pursuant to 5 U.S.C. gust 17, 2000, pursuant to 5 U.S.C. Model DC–10 Series Airplanes [Docket No. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 99–NM–215–AD; Amendment 39–11836; AD tation and Infrastructure. 9814. A letter from the Regulations Officer, tation and Infrastructure. 2000–15–07] (RIN: 2120–AA64) received August FHA, Department of Transportation, trans- 9796. A letter from the Program Analyst, 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Tem- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- porary Matching Fund Waiver (RIN: 2125– mitting the Department’s final rule—Estab- structure. lishment of Class E Airspace; Greenwood/ 9806. A letter from the Program Analyst, AE76) received August 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Wonder Lake, IL [Airspace Docket No. 00– FAA, Department of Transportation, trans- Transportation and Infrastructure. AGL–12] received August 17, 2000, pursuant to mitting the Department’s final rule—Air- 9815. A letter from the Program Analyst, worthiness Directives; Bell Helicopter Tex- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- tron Canada Model 407 Helicopters [Docket Transportation and Infrastructure. mitting the Department’s final rule—Gen- 9797. A letter from the Program Analyst, No. 2000–SW–10–AD; Amendment 39–11827; AD eral Rulemaking Procedures [Docket No. FAA, Department of Transportation, trans- 2000–14–16] (RIN: 2120–AA64) received August FAA 1999–6622; Amendment No. 11–46] (RIN: mitting the Department’s final rule—Modi- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 2120–AG95) received August 17, 2000, pursuant fication pf Class E Airspace; SHELBYville, IN the Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Airspace Docket No. 00–AGL–11] received structure. Transportation and Infrastructure. August 11, 2000, pursuant to 5 U.S.C. 9807. A letter from the Program Analyst, 9816. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- of Regulations and Administrative Law, tation and Infrastructure. mitting the Department’s final rule—Air- USCG, Department of Transportation, trans- 9798. A letter from the Program Analyst, worthiness Directives; McCauley Propeller mitting the Department’s final rule—Special FAA, Department of Transportation, trans- Model 4HFR34C653/L106FA–0 [Docket No. Local Regulations; Eighth Coast Guard Dis- mitting the Department’s final rule—Amend- 2000–NE–17–AD; Amendment 39–11842; AD trict Annual Marine Events [CGD 08–99–066] ment to Class E Airspace; Elkhart, KS [Air- 2000–15–10] (RIN: 2120–AA64) received August (RIN: 2115–AE46) received August 17, 2000, space Docket No. 00–ACE–22] received August 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- mittee on Transportation and Infrastruc- the Committee on Transportation and Infra- structure. ture. structure. 9808. A letter from the Program Analyst, 9817. A letter from the Acting Chief, Office 9799. A letter from the Program Analyst, FAA, Department of Transportation, trans- of Regulations and Administrative Law, FAA, Department of Transportation, transmitting the Department’s final rule—Air- USCG, Department of Transportation, transmitting the Department’s final rule—Estab- worthiness Directives; Sikorsky Aircraft mitting the Department’s final rule—SAFE- lishment of Class D Airspace; Kissimmee, FL Corporation Model S–76 Series Helicopters TY ZONE REGULATIONS; Guayanilla Bay, [Airspace Docket No. 00–ASO–23] received [Docket No. 2000–SW–26–AD; Amendment 39– Guayanilla, Puerto Rico [COTP San Juan 00– August 17, 2000, pursuant to 5 U.S.C. 11861; AD 2000–11–52] (RIN: 2120–AA64) re- 059] (RIN: 2115–AA97) received August 17, 801(a)(1)(A); to the Committee on Transpor- ceived August 17, 2000, pursuant to 5 U.S.C. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- 9800. A letter from the Program Analyst, tation and Infrastructure. structure. FAA, Department of Transportation, trans- 9809. A letter from the Program Analyst, 9818. A letter from the Acting Chief, Office mitting the Department’s final rule—Estab- FAA, Department of Transportation, trans- of Regulations and Administrative Law, lishment of Class D Airspace; Oak Grove, NC mitting the Department’s final rule—Air- USCG, Department of Transportation, trans- [Airspace Docket No. 00–ASO–24] received worthiness Directives; Bell Hellicopter Tex- mitting the Department’s final rule—Draw- August 17, 2000, pursuant to 5 U.S.C. tron Canada Model 430 Helicopters [Docket bridge Operating Regulation; Bayou Boeuf, 801(a)(1)(A); to the Committee on Transpor- No. 99–SW–84–AD; Amendment 39–11860; AD LA [CGD08–00–017] received August 17, 2000, tation and Infrastructure. 2000–16–06] (RIN: 2120–AA64) received August pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9801. A letter from the Program Analyst, 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- ture. mitting the Department’s final rule—Air- structure. 9819. A letter from the Acting Chief, Office worthiness Directives; Honeywell Inter- 9810. A letter from the Program Analyst, of Regulations and Administrative Law, national Inc. TFE731–2, –3, –4, and –5 Series FAA, Department of Transportation, trans- USCG, Department of Transportation, trans- Turbofan Engines [Docket No. 99–NE–10–AD; mitting the Department’s final rule—Air- mitting the Department’s final rule—Draw- Amendment 39–11841; AD 2000–15–09] (RIN: worthiness Directives; Bell Helicopter Tex- bridge Operation Regulations: Atlantic In- 2120–AA64) received August 17, 2000, pursuant tron Inc.-manufactured Model HH–1K, TH– tracoastal Waterway, mile 739.2, Jackson- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1F, TH–1L, UH–1A, UH–1B, UH–1E, UH–1F, ville, FL [CGD 07–00–066] (RIN: 2115–AE47) re- Transportation and Infrastructure. UH–1H, UH–1L, and UH–1P; and Southwest ceived August 17, 2000, pursuant to 5 U.S.C. 9802. A letter from the Program Analyst, Florida Aviation SW204, SW204HP, SW205, 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- and SW205A–1 Helicopters [Docket No. 2000– tation and Infrastructure. mitting the Department’s final rule—Air- SW–01–AD; Amendment 39–11854; AD 2000–15– 9820. A letter from the Acting Chief, Office worthiness Directives; McDonnell Douglas 21] (RIN: 2120–AA64) received August 17, 2000, of Regulations and Administrative Law,

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7277 USCG, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- 9839. A letter from the Deputy Associate mitting the Department’s final rule—Draw- tation and Infrastructure. Administrator, Environmental Protection bridge Operation Regulations: Elizabeth 9830. A letter from the Acting Chief, Office Agency, transmitting the Agency’s final River, NJ [CGD01–00–194] (RIN: 2115–AE47) re- of Regulations and Administrative Law, rule—Effluent Limitations Guidelines, ceived August 17, 2000, pursuant to 5 U.S.C. USCG, Department of Transportation, trans- Pretreatment Standards, New Source Per- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—SAFE- formance Standards for the Centralized tation and Infrastructure. TY ZONE: McArdle (Meridian Street) Bridge, Waste Treatment Point Source Category 9821. A letter from the Acting Chief, Office Chelsea River, Chelsea, Massachusetts [FRL–8663–8] received August 28, 2000, pursu- of Regulations and Administrative Law, [CGD01–00–203] (RIN: 2115–AA97) received Au- ant to 5 U.S.C. 801(a)(1)(A); to the Committee USCG, Department of Transportation, trans- gust 22, 2000, pursuant to 5 U.S.C. on Transportation and Infrastructure. mitting the Department’s final rule—Special 801(a)(1)(A); to the Committee on Transpor- 9840. A letter from the Deputy Assistant Local Regulations for Marine Events; Chesa- tation and Infrastructure. Administrator, NOAA, Department of Com- peake Challenge, Patapsco River, Baltimore, 9831. A letter from the Acting Chief, Office merce, transmitting the Department’s final Maryland [CGD05–00–032] (RIN: 2115–AE46) re- of Regulations and Administrative Law, rule—NOAA Climate and Global Change Pro- ceived August 25, 2000, pursuant to 5 U.S.C. USCG, Department of Transportation, trans- gram, Program Announcement [Docket No. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Draw- 000616180–0180–01] (RIN: 0648–ZA91) received tation and Infrastructure. bridge Operation Regulations: Westchester August 25, 2000, pursuant to 5 U.S.C. 9822. A letter from the Acting Chief, Office Creek, Bronx River, and Hutchinson River, 801(a)(1)(A); to the Committee on Science. of Regulations and Administrative Law, NY [CGD01–99–070] (RIN: 2115–AE47) received 9841. A letter from the Associate Adminis- USCG, Department of Transportation, trans- August 22, 2000, pursuant to 5 U.S.C. trator for Procurement, National Aero- mitting the Department’s final rule—Traffic 801(a)(1)(A); to the Committee on Transpor- nautics and Space Administration, transmit- Separation Schemes: Off San Francisco, in tation and Infrastructure. ting the Administration’s final rule—Proce- the Santa Barbara Channel, in the Ap- 9832. A letter from the Acting Chief, Office dural Revisions for Awards Resulting from proaches to Los Angeles-Long Beach, Cali- of Regulations and Administrative Law, Broad Agency Announcements—received fornia [USCG–1999–5700] (RIN: 2115–AF84) re- USCG, Department of Transportation, trans- July 28, 2000, pursuant to 5 U.S.C. ceived August 25, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Draw- 801(a)(1)(A); to the Committee on Science. 801(a)(1)(A); to the Committee on Transpor- bridge Operation Regulations: Gowanus 9842. A letter from the Associate Adminis- tation and Infrastructure. Canal, NY [CGD01–99–067] (RIN: 2115–AE47) trator for Procurement, National Aero- 9823. A letter from the Acting Chief, Office received August 22, 2000, pursuant to 5 U.S.C. nautics and Space Administration, transmit- of Regulations and Administrative Law, 801(a)(1)(A); to the Committee on Transpor- ting the Administration’s final rule—Con- USCG, Department of Transportation, trans- tation and Infrastructure. tract Bundling—received July 28, 2000, pursu- mitting the Department’s final rule—Draw- 9833. A letter from the Acting Chief, Office ant to 5 U.S.C. 801(a)(1)(A); to the Committee bridge Operation Regulations: Harlem River, of Regulations and Administrative Law, on Science. NY [CGD01–00–205] (RIN: 2115–AE47) received USCG, Department of Transportation, trans- 9843. A letter from the Associate Adminis- August 25, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Draw- trator for Procurement, National Aero- 801(a)(1)(A); to the Committee on Transpor- bridge Operation Regulations: Newtown, nautics and Space Administration, transmit- tation and Infrastructure. Creek, Dutch Kills, English Kills and their ting the Administration’s final rule—Cost 9824. A letter from the Program Analyst, tributaries, NY [CGD01–99–069] (RIN: 2115– Accounting Standards Waivers—received Au- FAA, Department of Transportation, trans- AE47) received August 22, 2000, pursuant to 5 gust 11, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Stand- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Science. ard Instrument Approach Procedures; Mis- Transportation and Infrastructure. 9844. A letter from the Acting Associate cellaneous Amendments [Docket No. 30149; 9834. A letter from the Acting Chief, Office Administrator for Procurement, National Amdt. No. 2004] received August 25, 2000, pur- of Regulations and Administrative Law, Aeronautics and Space Administration, suant to 5 U.S.C. 801(a)(1)(A); to the Com- USCG, Department of Transportation, trans- transmitting the Administration’s final mittee on Transportation and Infrastruc- mitting the Department’s final rule—Safety rule—Central Contractor Registration ture. Zone Regulations: Tampa Bay, Florida (CCR)—received August 22, 2000, pursuant to 9825. A letter from the Program Analyst, [COTP Tampa 00–061] (RIN: 2115–AA97) re- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- ceived August 22, 2000, pursuant to 5 U.S.C. Science. mitting the Department’s final rule—Revi- 801(a)(1)(A); to the Committee on Transpor- 9845. A letter from the Assistant Adminis- sions to Digital Flight Data Recorder Re- tation and Infrastructure. trator for Satellite and Information Serv- quirements for Airbus Airplanes [Docket No. 9835. A letter from the Trial Attorney, Fed- ices, National Oceanic and Atmospheric Ad- FAA–2000–7830; Amendment Nos. 121–278 & eral Railroad Administration, Department of ministration, transmitting the Administra- 125–34] (RIN: 2120–AH08) received August 25, Transportation, transmitting the Depart- tion’s final rule—Program Notice of Finan- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment’s final rule—Policy on the Safety of cial Assistance [Docket No. 000712204–0204–01] Committee on Transportation and Infra- Railroad Bridges [Docket No. RST–94–3, No- (RIN: 0648–XA56) received August 22, 2000, structure. tice No. 2] received August 29, 2000, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9826. A letter from the Attorney, NHTSA, to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Science. Department of Transportation, transmitting Transportation and Infrastructure. 9846. A letter from the General Counsel, Of- the Department’s final rule—Open Container 9836. A letter from the Assistant Chief fice of Financial Assistance, Small Business Laws [Docket No. NHTSA–99–4493] (RIN: Counsel, Federal Highway Administration, Administration, transmitting the Adminis- 2127–AH41) received August 25, 2000, pursuant Department of Transportation, transmitting tration’s final rule—Business Loan Pro- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Safety Fitness gram—received August 1, 2000, pursuant to 5 Transportation and Infrastructure. Procedures [Docket No. FMCSA–99–5467 (For- U.S.C. 801(a)(1)(A); to the Committee on 9827. A letter from the Chief Counsel, Saint merly Docket No. FHWA–99–5467)] (RIN: 2126– Small Business. Lawrence Seaway Development Corporation, AA42 (Formerly RIN: 2125–AE56)) received 9847. A letter from the Acting General Department of Transportation, transmitting August 29, 2000, pursuant to 5 U.S.C. Counsel, Office of Government Contracting, the Department’s final rule—Seaway Regula- 801(a)(1)(A); to the Committee on Transpor- Small Business Administration, transmit- tions and Rules: Miscellaneous Amendments tation and Infrastructure. ting the Administration’s final rule—Gov- [Docket No. SLSDC 2000–7543] (RIN: 2135– 9837. A letter from the Small Business Ad- ernment Contracting Programs—received AA11) received August 25, 2000, pursuant to 5 vocacy Chair, Environmental Protection August 3, 2000, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Agency, transmitting the Agency’s final 801(a)(1)(A); to the Committee on Small Transportation and Infrastructure. rule—Identification of Approved and Dis- Business. 9828. A letter from the Acting Chief, Office approved Elements of the Great Lakes Guid- 9848. A letter from the Associate Deputy of Regulations and Administrative Law, ance Submission From the States of Michi- Administrator for Government Contracting USCG, Department of Transportation, trans- gan, Ohio, Indiana, and Illinois, and Final and Minority Enterprise Development, Small mitting the Department’s final rule—Safety Fule [FRL–6846–3] received August 1, 2000, Business Administration, transmitting the Zone: Fireworks Display, Hudson River, Pier pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- annual report on Minority Small Business 84, NY [CGD01–00–204] (RIN: 2115–AA97) re- mittee on Transportation and Infrastruc- and Capital Ownership Development for fis- ceived August 22, 2000, pursuant to 5 U.S.C. ture. cal year 1999, pursuant to 15 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 9838. A letter from the Small Business Ad- 636(j)(16)(B); to the Committee on Small tation and Infrastructure. vocacy Chair, Environmental Protection Business. 9829. A letter from the Acting Chief, Office Agency, transmitting the Agency’s final 9849. A letter from the Acting General of Regulations and Administrative Law, rule—Fiscal Year 2001 Chesapeake Bay Pro- Counsel, Office of Size Standards, Small USCG, Department of Transportation, trans- gram Activity Grants: Request for Proposals Business Administration, transmitting the mitting the Department’s final rule—Safety and Guidelines and Application Package—re- Administration’s final rule—Small Business Zone; Chesapeake Bay, Hampton, VA ceived August 10, 2000, pursuant to 5 U.S.C. Size Standards; Arrangement of Transpor- [CGD05–00–035] (RIN: 2115–AA97) received Au- 801(a)(1)(A); to the Committee on Transpor- tation of Freight and Cargo—received Au- gust 22, 2000, pursuant to 5 U.S.C. tation and Infrastructure. gust 25, 2000, pursuant to 5 U.S.C.

VerDate 11-MAY-2000 05:00 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7278 CONGRESSIONAL RECORD — HOUSE September 6, 2000 801(a)(1)(A); to the Committee on Small fied Employer Plan to Plan Participants or the Service’s final rule—Extension of Due Business. Beneficiaries [TD 8894] (RIN: 1545–AE41) re- Date for Electronically Filed Information 9850. A letter from the Secretary of Labor, ceived July 28, 2000, pursuant to 5 U.S.C. Returns; Limitation of Failure to Pay Pen- transmitting the annual report on employ- 801(a)(1)(A); to the Committee on Ways and alty for Individuals During Period of Install- ment and training programs for veterans Means. ment Agreement [TD 8895] (RIN: 1545–AX31) during program year 1998 (July 1, 1998 9862. A letter from the Chief, Regulations received August 18, 2000, pursuant to 5 U.S.C. through June 30, 1998) and fiscal year 1999 Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and (October 1, 1998 through September 30, 1999), the Service’s final rule—Eligible Deferred Means. pursuant to 38 U.S.C. 2009(b); to the Com- Compensation Plans under Section 457 [No- 9874. A letter from the Chief, Regulations mittee on Veterans’ Affairs. tice 2000–38] received August 1, 2000, pursuant Unit, Internal Revenue Service, transmitting 9851. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Tax Avoidance Regulations Management, Veterans Benefits Ways and Means. Using Artificially High Basis [Notice 2000–44] Administration, Department of Veterans Af- 9863. A letter from the Chief, Regulations received August 18, 2000, pursuant to 5 U.S.C. fairs, transmitting the Department’s final Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and rule—Veterans Training: Vocational Reha- the Service’s final rule—Comprehensive Case Means. bilitation Subsistence Allowance Rates (RIN: Resolution Pilot Program [Notice 2000–43] re- 9875. A letter from the Chief, Regulations 2900–AI74) received August 23, 2000, pursuant ceived August 9, 2000, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Ways and the Service’s final rule—Rules for Property Veterans’ Affairs. Means. Produced In A Farming Business—received 9852. A letter from the The President Of 9864. A letter from the Chief, Regulations August 18, 2000, pursuant to 5 U.S.C. The United States, transmitting notification Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and of his intention to add Nigeria to the list of the Service’s final rule—Coordinated Issue Means. beneficiary developing countries under the Life Insurance Industry Loss Utilization in a 9876. A letter from the Chief, Regulations Generalized System of Preferences (GSP), Life-Nonlife Consolidated Return Separate v. Unit, Internal Revenue Service, transmitting pursuant to Public Law 104–188, section Single Entity Approach UIL 1503.05–00—re- the Service’s final rule—Preproductive Peri- 1952(a)(110 Stat. 1917); (H. Doc. No. 106–287); ceived August 9, 2000, pursuant to 5 U.S.C. ods of Certain Plants [Notice 2000–45] re- to the Committee on Ways and Means and 801(a)(1)(A); to the Committee on Ways and ceived August 18, 2000, pursuant to 5 U.S.C. ordered to be printed. Means. 801(a)(1)(A); to the Committee on Ways and 9865. A letter from the Chief, Regulations 9853. A letter from the The President Of Means. Unit, Internal Revenue Service, transmitting 9877. A letter from the Secretary of Health The United States, transmitting notification the Service’s final rule—Department Store and Human Services, transmitting the Child of his intention to grant Nigeria preferential Indexes-June 2000 [Notice 2000–39] received Welfare Outcomes 1998: Annual Report enti- treatment under the Generalized System of August 7, 2000, pursuant to 5 U.S.C. tled, ‘‘Safety Permanency Well-being’’; to Preferences (GSP), pursuant to Public Law 801(a)(1)(A); to the Committee on Ways and the Committee on Ways and Means. 104–188, section 1952(a)(110 Stat. 1917); (H. Means. 9878. A letter from the Regulations Officer, Doc. No. 106–290); to the Committee on Ways 9866. A letter from the Chief, Regulations Social Security Administration, transmit- and Means and ordered to be printed. Unit, Internal Revenue Service, transmitting ting the Administration’s final rule—Revised 9854. A letter from the Secretary of Health the Service’s final rule—Tax Forms and In- Medical Criteria for Evaluating Mental Dis- and Human Services, transmitting the twen- structions [Rev. Procedure 2000–35] received orders and Traumatic Brain Injury [Regula- ty-third annual report on the Child Support August 8, 2000, pursuant to 5 U.S.C. tion Nos. 4 and 16] (RIN: 0960–AC74) received Enforcement Program, pursuant to 42 U.S.C. 801(a)(1)(A); to the Committee on Ways and July 31, 2000, pursuant to 5 U.S.C. 652(a)(10); to the Committee on Ways and Means. 801(a)(1)(A); to the Committee on Ways and Means. 9867. A letter from the Chief, Regulations Means. 9855. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting 9879. A letter from the Chair, Christopher Unit, Department of the Treasury, transmit- the Service’s final rule—Modification of Tax Columbus Fellowship Foundation, transmitting the Service’s final rule—Clarification of Shelter Rules [TD 8896] (RIN: 1545–AY37) re- ting the FY 1999 Annual Report of the Chris- Schedule P (Form 1120–FSC) [Notice 2000–49] ceived August 11, 2000, pursuant to 5 U.S.C. topher Columbus Fellowship Foundation, received August 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and pursuant to Public Law 102–281, section 429(b) 801(a)(1)(A); to the Committee on Ways and Means. (106 Stat. 145); jointly to the Committees on Means. 9868. A letter from the Chief, Regulations Banking and Financial Services and Science. 9856. A letter from the Chief Counsel, Bu- Unit, Internal Revenue Service, transmitting 9880. A letter from the Assistant Secretary reau of Public Debt, Office of Chief Counsel, the Service’s final rule—Acquisition of Cor- for Civil Rights, Department of Education, Department of the Treasury, transmitting porate Indebtedness—received August 16, transmitting the annual report summarizing the Department’s final rule—U.S. Treasury 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the compliance and enforcement activities of Securities—State and Local Government Se- Committee on Ways and Means. the Office for Civil Rights and identifying ries—received August 30, 2000, pursuant to 5 9869. A letter from the Chief, Regulations significant civil rights or compliance prob- U.S.C. 801(a)(1)(A); to the Committee on Unit, Internal Revenue Service, transmitting lems, pursuant to Public Law 105–244 section Ways and Means. the Service’s final rule—Increase In Cash- 101(a) (112 Stat. 633); jointly to the Commit- 9857. A letter from the Chief, Regulations Out Limit Under Sections 411(a)(7), 411(a)(11), tees on Education and the Workforce and the Branch, U.S. Customs Service, Department and 417(e)(1) for Qualified Retirement Plans Judiciary. of the Treasury, transmitting the Depart- [TD 8891] (RIN: 1545–AW59) received August 9881. A letter from the Secretary of Health ment’s final rule—Petitions for Relief: Sei- 15, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to and Human Services, transmitting a report zures, Penalties, and Liquidated Damages the Committee on Ways and Means. on the Low Income Home Energy Assistance [T.D. 00–57] (RIN: 1515–AC01) received August 9870. A letter from the Chief, Regulations Program, pursuant to 42 U.S.C. 8629(b); joint- 29, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Unit, Internal Revenue Service, transmitting ly to the Committees on Commerce and Edu- the Committee on Ways and Means. the Service’s final rule—Department Store cation and the Workforce. 9858. A letter from the Chief, Regulations Indexes—July 2000 [Rev. Ruling 2000–47] re- 9882. A letter from the Deputy Executive Unit, Internal Revenue Service, transmitting ceived August 25, 2000, pursuant to 5 U.S.C. Secretary, Department of Health and Human the Service’s final rule—Weighted Average 801(a)(1)(A); to the Committee on Ways and Services, transmitting the Department’s Interest Rate Update [Notice 2000–18] re- Means. ‘‘Major’’ rule—Health Insurance Reform: ceived July 28, 2000, pursuant to 5 U.S.C. 9871. A letter from the Chief, Regulations Standard for Electric Transactions [HCFA– 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting 0149–F] (RIN: 0938–AI58) received August 16, Means. the Service’s final rule—Optional Per Diem 2000, pursuant to 5 U.S.C. 801(a)(1)(A); jointly 9859. A letter from the Chief, Regulations Rates for Employees, Self-employed Individ- to the Committees on Commerce and Ways Unit, Internal Revenue Service, transmitting uals, and Other Taxpayers Used in Com- and Means. the Service’s final rule—Information Report- puting Deductible Costs [Notice 2000–48] re- 9883. A letter from the Secretary of Health ing for Discharges of Indebtedness [Notice ceived August 25, 2000, pursuant to 5 U.S.C. and Human Services, transmitting a report 2000–22] received July 28, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Ways and entitled, ‘‘Appropriateness of Minimum U.S.C. 801(a)(1)(A); to the Committee on Means. Nurse Staffing Ratios in Nursing Homes Ways and Means. 9872. A letter from the Chief, Regulations Summer 2000’’; jointly to the Committees on 9860. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting Commerce and Ways and Means. Unit, Internal Revenue Service, transmitting the Service’s final rule—Determination of 9884. A letter from the Acting Director, De- the Service’s final rule—Definition of Grant- Issue Price in the Case of Certain Debt In- fense Security Cooperation Agency, trans- or [TD 8890] (RIN: 1545–AX25) received July struments Issued for Property—received Au- mitting a report authorizing the transfer of 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to gust 18, 2000, pursuant to 5 U.S.C. up to $100M in defense articles and services the Committee on Ways and Means. 801(a)(1)(A); to the Committee on Ways and to the Government of Bosnia-Herzegovina, 9861. A letter from the Chief, Regulations Means. pursuant to Public Law 104–107, section 540(c) Unit, Internal Revenue Service, transmitting 9873. A letter from the Chief, Regulations (110 Stat. 736); jointly to the Committees on the Service’s final rule—Loans From a Quali- Unit, Internal Revenue Service, transmitting International Relations and Appropriations.

VerDate 11-MAY-2000 05:00 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7279 9885. A letter from the Assistant Secretary Mr. YOUNG of Alaska: Committee on Re- Mr. YOUNG of Alaska: Committee on Re- for Legislative Affairs, Department of State, sources. S. 1027. An act to reauthorize the sources. H.R. 755. A bill to amend the Or- transmitting a report required by section 504 participation of the Bureau of Reclamation ganic Act of Guam to provide restitution to of the FREEDOM Support Act, pursuant to in the Deschutes Resources Conservancy, the people of Guam who suffered atrocities 22 U.S.C. 5852; jointly to the Committees on and for other purposes (Rept. 106–805). Re- such as personal injury, forced labor, forced International Relations and Appropriations. ferred to the Committee of the Whole House marches, internment, and death during the 9886. A letter from the Deputy Executive on the State of the Union. occupation of Guam in World War II, and for Secretary, Health Care Financing Adminis- Mr. YOUNG of Alaska: Committee on Re- other purposes; with an amendment (Rept. tration, transmitting the Administration’s sources. H.R. 2798. A bill to authorize the 106–815). Referred to the Committee of the ‘‘Major’’ rule—Medicare Program; Provisions Secretary of Commerce to provide financial Whole House on the State of the Union. of the Balanced Budget Refinement Act of assistance to the States of Alaska, Wash- Mr. YOUNG of Alaska: Committee on Re- 1999; Hospital Inpatient Payments Rates and ington, Oregon, and California for salmon sources. H.R. 4226. A bill to authorize the Costs of Graduate Medical Education habitat restoration projects in coastal wa- Secretary of Agriculture to sell or exchange [HCFA–1131–IFC] (RIN: 0938–AK20) received ters and upland drainages; with an amend- all or part of certain administrative sites August 9, 2000, pursuant to 5 U.S.C. ment (Rept. 106–806). Referred to the Com- and other land in the Black Hills National 801(a)(1)(A); jointly to the Committees on mittee of the Whole House on the State of Forest and to use funds derived from the sale Ways and Means and Commerce. the Union. or exchange to acquire replacement sites and 9887. A letter from the Deputy Executive Mr. YOUNG of Alaska: Committee on Re- to acquire or construct administrative im- Secretary, Health Care Financing Adminis- sources. H.R. 2296. A bill to amend the Re- provements in connection with the Black tration, transmitting the Administration’s vised Organic Act of the Virgin Islands to Hills National Forest; with an amendment ‘‘Major’’ rule—Medicare Program; Prospec- provide that the number of members on the (Rept. 106–816). Referred to the Committee on tive Payment System and Consolidated Bill- legislature of the Virgin Islands and the the Whole House on the State of the Union. number of such members constituting a ing for Skilled Nursing Facilities—Update Mr. YOUNG of Alaska: Committee on Re- quorum shall be determined by the laws of [HCFA–1112–F] (RIN: 0938–AJ93) received Au- sources. H.R. 4583. A bill to extend the au- the Virgin Islands, and for other purposes gust 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); thorization for the Air Force Memorial (Rept. 106–807). Referred to the Committee of jointly to the Committees on Ways and Foundation to establish a memorial in the the Whole House on the State of the Union. Means and Commerce. District of Columbia or its environs (Rept. 9888. A letter from the Deputy Executive Mr. YOUNG of Alaska: Committee on Re- sources. S. 1275. An act to authorize the Sec- 106–817). Referred to the Committee on the Secretary, Center for Health Plans and Pro- Whole House on the State of the Union. viders, Health Care Financing Administra- retary of the Interior to produce and sell Mr. YOUNG of Alaska: Committee on Re- tion, transmitting the Administration’s final products and to sell publications relating to sources. S. 406. An act to amend the Indian rule—Medicare Program; Prospective Pay- the Hoover Dam, and to deposit revenues Health Care Improvement Act to make per- ment System for Hospital Outpatient Serv- generated from the sales into the Colorado manent the demonstration program that al- ices: Revisions to Criteria to Define New or River Dam fund (Rept. 106–808). Referred to lows for direct billing of medicare, medicaid, Innovative Medical Devices, Drugs, and Bio- the Committee of the Whole House on the and other third party payors, and to expand logical Eligible for Pass-Through Payments State of the Union. the eligibility under such program to other and Corrections to the Criteria for the Mr. YOUNG of Alaska: Committee on Re- tribes and tribal organizations (Rept. 106–818 Grandfather Provision for Certain Federally sources. H.R. 4318. A bill to establish the Red Pt. 1). Referred to the Committee of the Qualified Health Centers [HCFA–1005–IFA] River National Wildlife Refuge; with an Whole House on the State of the Union. (RIN: 0938–AI56) received August 10, 2000, pur- amendment (Rept. 106–809). Referred to the suant to 5 U.S.C. 801(a)(1)(A); jointly to the Committee of the Whole House on the State Mr. YOUNG of Alaska: Committee on Re- Committees on Ways and Means and Com- of the Union. sources. S. 1508. An act to provide technical merce. Mr. YOUNG of Alaska: Committee on Re- and legal assistance for tribal justice sys- 9889. A letter from the Deputy Executive sources. H.R. 2090. A bill to direct the Sec- tems and members of Indian tribes, and for Secretary, Health Care Financing Adminis- retary of Commerce to contract with the Na- other purposes (Rept. 106–819 Pt. 1). Referred tration, transmitting the Administration’s tional Academy of Sciences to establish the to the Committee of the Whole House on the ‘‘Major’’ rule—Medicare Program; Changes Coordinated Oceanographic Program Advi- State of the Union. to the Hospital Inpatient Prospective Pay- sory Panel to report to the Congress on the Mr. YOUNG of Alaska: Committee on Re- ment Systems and Fiscal Year 2001 Rates feasibility and social value of a coordinated sources. S. 1937. An act to amend the Pacific [HCFA–1118–F] (RIN: 0938–AK09) received Au- oceanography program; with an amendment Northwest Electric Power Planning and Con- gust 10, 2000, pursuant to 5 U.S.C. (Rept. 106–810). Referred to the Committee of servation Act to provide for sales of elec- 801(a)(1)(A); jointly to the Committees on the Whole House on the State of the Union. tricity by the Bonneville Power Administra- Mr. YOUNG of Alaska: Committee on Re- Ways and Means and Commerce. tion to joint operating entities (Rept. 106–820 sources. H.R. 1113. A bill to assist in the de- Pt. 1). Referred to the Committee of the f velopment and implementation of projects to Whole House on the State of the Union. REPORTS OF COMMITTEES ON provide for the control of drainage, storm, Mr. SENSENBRENNER: Committee on flood and other waters as part of water-re- PUBLIC BILLS AND RESOLUTIONS Science. H.R. 4271. A bill to establish and ex- lated integrated resource management, envi- pand programs relating to science, mathe- Under clause 2 of rule XIII, reports of ronmental infrastructure, and resource pro- matics, engineering, and technology edu- committees were delivered to the Clerk tection and development projects in the cation, and for other purposes; with an for printing and reference to the proper Colusa Basin Watershed, California; with an amendment (Rept. 106–821 Pt. 1). Ordered to calendar, as follows: amendment (Rept. 106–811). Referred to the be printed. Committee of the Whole House on the State Mr. LEACH: Committee on Banking and of the Union. Mr. REYNOLDS: Committee on Rules. Financial Services. H.R. 4541. A bill to reau- Mr. YOUNG of Alaska: Committee on Re- House Resolution 570. Resolution providing thorize and amend the Commodity Exchange sources. H.R. 4389. A bill to direct the Sec- for consideration of the bill (H.R. 4115) to au- Act to promote legal certainty, enhance retary of the Interior to convey certain thorize appropriations for the United States competition, and reduce systemic risk in water distribution facilities to the Northern Holocaust Memorial Museum, and for other markets for futures and over-the-counter de- Colorado Water Conservancy District; with purposes (Rept. 106–822). Referred to the rivatives, and for other purposes; with an amendment (Rept. 106–812). Referred to House Calendar. amendments (Rept. 106–711, Pt. 2). Referred the Committee of the Whole House on the DISCHARGE OF COMMITTEE to the Committee of the Whole House on the State of the Union. [The following action occurred on July 28, 2000] State of the Union. Mr. YOUNG of Alaska: Committee on Re- Mr. BLILEY: Committee on Commerce. sources. H.R. 3520. A bill to designate seg- Pursuant to clause 5 of rule X the H.R. 4541. A bill to reauthorize and amend ments and tributaries of White Clay Creek, Committee on Ways and Means and the Commodity Exchange Act to promote Delaware and Pennsylvania, as a component Small Business discharged. H.R. 2848 legal certainty, enhance competition, and re- of the National Wild and Scenic Rivers Sys- referred to the Committee of the Whole duce systemic risk in markets for futures tem; with an amendment (Rept. 106–813). Re- House on the State of the Union and and over-the-counter derivatives, and for ferred to the Committee of the Whole House ordered to be printed. other purpose; with an amendment (Rept. on the State of the Union. 106–711, Pt. 3). Referred to the Committee of Mr. YOUNG of Alaska: Committee on Re- [Submitted September 6, 2000] the Whole House on the State of the Union. sources. S. 1211. A act to amend the Colorado Pursuant to clause 5 of rule X the Mr. YOUNG of Alaska: Committee on Re- River Basin Salinity Control Act to author- Committees on Ways and Means and sources. H.R. 4840. A bill to reauthorize the ize additional measures to carry out the con- Atlantic Coastal Fisheries Cooperative Man- trol of salinity upstream of Imperial Dam in Commerce discharged. S. 406 referred agement Act; with an amendment (Rept. 106– a cost-effective manner, (Rept. 106–814). Re- to the Committee of the Whole House 804). Referred to the Committee of the Whole ferred to the Committee of the Whole House on the State of the Union and ordered House on the State of the Union. on the State of the Union. to be printed.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\L06SE7.000 pfrm02 PsN: H06PT1 H7280 CONGRESSIONAL RECORD — HOUSE September 6, 2000 Pursuant to clause 5 of rule X the income tax to elementary and secondary CUMMINGS, Mr. ARMEY, Mr. OXLEY, Committee on the Judiciary dis- public school teachers; to the Committee on and Mr. RAHALL): charged. S. 1508 referred to the Com- Ways and Means. H. Con. Res. 390. Concurrent resolution ex- mittee of the Whole House on the State By Mr. BILBRAY (for himself, Mr. pressing the sense of the Congress regarding HUNTER, Mr. PACKARD, and Mr. Taiwan’s participation in the United Na- of the Union and ordered to be printed. CUNNINGHAM): tions; to the Committee on International Re- Pursuant to clause 5 of rule X the H.R. 5113. A bill to amend the Flood Con- lations. Committee on Commerce discharged. trol Act of 1944 to provide that investor By Mr. GREEN of Texas: S. 1937 referred to the Committee of owned utilities and other private entities H. Res. 571. A resolution expressing the the Whole House on the State of the shall have the same rights to purchase elec- sense of the House of Representatives in sup- Union and ordered to be printed. tric energy generated at Federal facilities as port of Czech-American Heritage Month and public bodies and cooperatives, and for other recognizing the contributions of Czech Amer- f purposes; to the Committee on Transpor- icans to the United States; to the Committee TIME LIMITATION OF REFERRED tation and Infrastructure, and in addition to on Government Reform. BILL the Committees on Resources, and Com- f merce, for a period to be subsequently deter- Pursuant to clause 5 of rule X the fol- mined by the Speaker, in each case for con- MEMORIALS lowing action was taken by the Speak- sideration of such provisions as fall within Under clause 3 of rule XII, memorials er: the jurisdiction of the committee concerned. By Mr. HEFLEY: were presented and referred as follows: H.R. 4271. Referral to the Committee on H.R. 5114. A bill to require that the Sec- 467. The SPEAKER presented a memorial Education and the Workforce extended for a retary of the Interior conduct a study to of the Legislature of the State of New Mex- period ending not later than September 21, identify sites and resources, and to rec- ico, relative to Senate Memorial No. 5 urging 2000. ommend alternatives for commemorating the Congress of the United States to amend S. 406. Referral to the Committees on Ways and interpreting the Cold War, and for other the employee retirement income security act and Means and Commerce extended for a pe- purposes; to the Committee on Resources. of 1974 to grant authority to all individual riod ending not later than September 6, 2000. By Mr. KLINK: states to monitor and regulate self-funded S. 1508. Referral to the Committee on the H.R. 5115. A bill to amend title 5, United employer-based health plans in order to pro- Judiciary extended for a period ending not States Code, to make the Federal Employees vide greater consumer protection and effect later than September 6, 2000. Health Benefits Program available to the health care reform; to the Committee on S. 1937. Referral to the Committee on Com- general public, and for other purposes; to the Education and the Workforce. merce extended for a period ending not later Committee on Government Reform. 468. Also, a memorial of the House of Rep- than September 6, 2000. By Mrs. MALONEY of New York (for resentatives of the Commonwealth of Massa- f herself, Mr. BOEHLERT, Mr. CAPUANO, chusetts, relative to a House Resolution me- Mr. QUINN, Mr. BOUCHER, Mr. BRADY morializing the Congress to iniate any and PUBLIC BILLS AND RESOLUTIONS of Pennsylvania, Mr. TIERNEY, Mr. all appropriate action to lower gasoline Under clause 2 of rule XII, public THOMPSON of California, Mr. HINCHEY, prices; to the Committee on Commerce. bills and resolutions were introduced Mr. KUCINICH, Mr. CONYERS, and Mr. 469. Also, a memorial of the House of Rep- and severally referred, as follows: FROST): resentatives of the Commonwealth of The H.R. 5116. A bill to amend the Public Mariana Islands, relative to House Resolu- By Mr. COBLE (for himself, Mr. BER- Health Service Act to provide additional au- tion No. 12–58 memorializing the Department MAN, and Mrs. BONO): thorizations of appropriations for the proof Interior to assist the Commonwealth of H.R. 5106. A bill to make technical correc- gram for the National Health Service Corps; the Northern Mariana Islands to obtain for tions in copyright law; to the Committee on to the Committee on Commerce. the Commonwealth Compact-Impact funds the Judiciary. By Mr. RAMSTAD (for himself, Mr. and a waiver of the CIP local matching fund By Mr. COBLE (for himself, Mr. BER- CRANE, Mr. HAYWORTH, Mr. FOLEY, requirement; to the Committee on Re- MAN, Mr. CONYERS, Mrs. BONO, Mr. Mr. SCHAFFER, Mr. BRADY of Texas, sources. WEXLER, Mr. DELAHUNT, Ms. and Mr. HERGER): 470. Also, a memorial of the Legislature of LOFGREN, Mr. BOUCHER, Ms. MCCAR- H.R. 5117. A bill to amend the Internal Rev- the State of Montana, relative to House THY of Missouri, and Mr. ROGAN): enue Code of 1986 to clarify the allowance of Joint Resolution 3 memorializing the United H.R. 5107. A bill to make certain correc- the child credit, the deduction for personal States Congress to revise significantly Fed- tions in copyright law; to the Committee on exemptions, and the earned income credit for eral Estate Tax Law to reduce the onerous the Judiciary. missing children, and for other purposes; to tax burden related to the transfer of prop- By Mr. MCINTOSH: the Committee on Ways and Means. erty; to the Committee on Ways and Means. H.R. 5108. A bill to provide for the geo- By Mr. SAXTON (for himself and Mr. f graphic reclassification of a county under PALLONE): the Medicare Program to provide for more H.R. 5118. A bill to provide the waters and ADDITIONAL SPONSORS equitable payments under that program to submerged lands off the coast of New Jersey hospitals located in that county; to the Com- and within the Historic Area Remediation Under clause 7 of rule XII, sponsors mittee on Ways and Means. Site shall be treated as a marine protected were added to public bills and resolu- By Mr. STEARNS (for himself, Mr. area for purposes of Executive Order 13158, tions as follows: GUTIERREZ, Mr. STUMP, and Mr. dated May 26, 2000; to the Committee on Re- H.R. 59: Ms. PRYCE of Ohio. EVANS): sources. H.R. 65: Mrs. MCCARTHY of New York. H.R. 5109. A bill to amend title 38, United By Mr. THORNBERRY: H.R. 72: Mr. COMBEST. States Code, to improve the personnel sys- H.R. 5119. A bill to provide for health care H.R. 207: Mrs. MINK of Hawaii. tem of the Veterans Health Administration, liability reform; to the Committee on the H.R. 218: Mrs. BONO and Mr. RILEY. and for other purposes; to the Committee on Judiciary. H.R. 284: Mr. ROMERO-BARCELO, Mr. FROST, Veterans’ Affairs. By Mr. SCHAFFER (for himself, Mr. Mr. GUTIERREZ, Mrs. MEEK of Florida, Mr. By Mr. CALVERT (for himself, Mr. ROHRABACHER, Mr. WYNN, Mr. BROWN MANZULLO, Mr. GILMAN, Ms. ROYBAL-ALLARD, LEWIS of California, Mrs. BONO, Mr. of Ohio, Mr. ANDREWS, Mr. SHERMAN, and Mr. JENKINS. PACKARD, and Mr. BACA): Mr. WEXLER, Mr. GONZALEZ, Mr. H.R. 303: Mr. BASS, Mr. FORD, Mr. ED- H.R. 5110. A bill to designate the United DIAZ-BALART, Mr. CHABOT, Mr. WARDS, Mr. HOEFFEL, Mr. BALLENGER, Mr. States courthouse located at 3470 12th Street DEUTSCH, Mr. JEFFERSON, Mr. WATTS of Oklahoma, and Mr. SHAW. in Riverside, California, as the ‘‘George E. MCNULTY, Mr. DOOLITTLE, Mr. CROW- H.R. 360: Ms. RIVERS. Brown, Jr. United States Courthouse‘‘; to LEY, Mr. BLILEY, Mr. PAYNE, Mr. H.R. 402: Ms. ROYBAL-ALLARD. the Committee on Transportation and Infra- TANCREDO, Mr. HEFLEY, Mr. ROGAN, H.R. 407: Mr. PETERSON of Minnesota. structure. Mr. MARTINEZ, Mr. SESSIONS, Mr. H.R. 460: Mr. WISE, Mr. SMITH of Wash- By Mr. ADERHOLT: PORTER, Mr. BERMAN, Ms. ROS- ington, Mr. DIXON, Mr. FATTAH, Mr. MOAK- H.R. 5111. A bill to direct the Adminis- LEHTINEN, Mr. PALLONE, Mrs. MEEK LEY, Mrs. EMERSON, Mr. GILCHREST, and Mrs. trator of the Federal Aviation Administra- of Florida, Mr. UNDERWOOD, Mr. BILI- MORELLA. tion to treat certain property boundaries as RAKIS, Mr. CRANE, Ms. EDDIE BERNICE H.R. 483: Mr. GOODE. the boundaries of the Lawrence County Air- JOHNSON of Texas, Mr. GIBBONS, Mr. H.R. 515: Mr. PASCRELL. port, Courtland, Alabama, and for other pur- TALENT, Mr. GREEN of Texas, Mrs. H.R. 534: Mr. MATSUI, Mr. BLUMENAUER, poses; to the Committee on Transportation LOWEY, Mr. LANTOS, Ms. BERKLEY, Mr. NETHERCUTT, Mr. ENGEL, Mr. HAYES, and and Infrastructure. Mr. GOODLING, Mr. SOUDER, Ms. Mr. PASCRELL. By Mr. BACA: PELOSI, Ms. DEGETTE, Mr. MCINNIS, H.R. 583: Mr. GEORGE MILLER of California, H.R. 5112. A bill to amend the Internal Rev- Mrs. NORTHUP, Mr. STARK, Mr. Mrs. THURMAN, Mr. TANCREDO, Mr. SAWYER, enue Code of 1986 to allow a credit against MCINTOSH, Mr. CUNNINGHAM, Mr. and Mrs. NAPOLITANO.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.032 pfrm02 PsN: H06PT1 September 6, 2000 CONGRESSIONAL RECORD — HOUSE H7281 ´ H.R. 783: Mr. POMEROY. H.R. 3032: Ms. EDDIE BERNICE JOHNSON of H.R. 4349: Mr. ROMERO-BARCELO and Mr. H.R. 793: Mr. HAYWORTH. Texas. UNDERWOOD. H.R. 842: Mr. EVANS. H.R. 3047: Mr. HOEFFEL. H.R. 4357: Mrs. CAPPS. H.R. 860: Mr. KUYKENDALL, Mr. SAWYER, H.R. 3100: Ms. RIVERS, Mr. TAUZIN, and Mr. H.R. 4361: Mr. SKELTON, Ms. BALDWIN, and Mr. LOBIONDO, Mr. HYDE, and Mr. REYES. SHERMAN. Mr. MCCOLLUM. H.R. 890: Mr. DAVIS of Illinois. H.R. 3107: Mr. PRICE of North Carolina. H.R. 4375: Mr. BERMAN and Ms. H.R. 1020: Mr. KILDEE, Mr. TIERNEY, and H.R. 3127: Mr. WU. SCHAKOWSKY. Mr. LOBIONDO. H.R. 3144: Mr. FRANKS of New Jersey. H.R. 4393: Mr. FROST, Mr. BARRETT of Wis- H.R. 1057: Mr. EDWARDS. H.R. 3192: Mr. MARTINEZ, Mr. PASTOR, Mr. consin, Mr. ABERCROMBIE, Mrs. FOWLER, Mr. H.R. 1108: Mr. BLUMENAUER. HASTINGS of Florida, Mr. LOBIONDO, Ms. DIAZ-BALART, Mr. WISE, Mr. DAVIS of Illi- H.R. 1115: Mr. ANDREWS. MCCARTHY of Missouri, Mr. OWENS, Mr. nois, Mr. SHADEGG, and Mr. MCKEON. H.R. 1142: Mr. BUYER. FATTAH, Mr. BECERRA, Mr. WATT of North H.R. 4438: Mr. FRANK of Massachusetts. H.R. 1156: Ms. LOFGREN. Carolina, Mr. FARR of California, Mr. HOLT, H.R. 4453: Mr. MCDERMOTT and Mr. WAX- H.R. 1163: Mr. ANDREWS. and Mr. FROST. MAN. H.R. 1168: Mr. HORN, Mr. MICA, Mr. BART- H.R. 3235: Mrs. CAPPS and Mr. HINOJOSA. H.R. 4467: Mr. NORWOOD, Mr. BONILLA, and LETT of Maryland, and Mr. MCCOLLUM. H.R. 3372: Mr. ANDREWS. Mr. SESSIONS. H.R. 1248: Mr. SMITH of Washington, Mr. H.R. 3408: Mr. GALLEGLY and Mr. SHAYS. H.R. 4471: Mr. COYNE. SMITH of New Jersey, Mr. LAHOOD, Mr. H.R. 3463: Mr. LOBIONDO, Mr. ROTHMAN, Mr. H.R. 4479: Mr. BILBRAY. DOYLE, Mr. TAYLOR of North Carolina, Mr. HOEFFEL, Mr. PAYNE, and Ms. VELAZQUEZ. H.R. 4483: Mrs. CLAYTON, Mr. WEXLER, Mr. SABO, Mr. BLAGOJEVICH, and Mr. GEPHARDT. H.R. 3514: Mr. WEXLER, Mr. SMITH of New SANDERS, Mr. ETHERIDGE, Mr. BERMAN, Mr. H.R. 1263: Mr. PETRI. Jersey, Mr. HOEFFEL, Mr. KLECZKA, Ms. ROY- WEINER, and Mr. PASCRELL. H.R. 1285: Mr. BOSWELL. BAL-ALLARD, Mr. WAMP, Mr. TANCREDO, Mr. H.R. 4492: Mr. SOUDER. H.R. 1286: Mr. SWEENEY. DIXON, and Mr. ISAKSON. H.R. 4493: Mr. CAMPBELL and Mr. RANGEL. H.R. 1413: Mr. LEWIS of Kentucky. H.R. 3546: Mr. CLEMENT, Mr. GILCHREST, H.R. 4511: Mr. SOUDER and Mr. MARTINEZ. H.R. 1465: Mr. SHADEGG. H.R. 4543: Mr. FROST, Ms. ROYBAL-ALLARD, and Mr. LARSON. H.R. 1644: Mr. TURNER. Mr. BENTSEN, and Mr. SESSIONS. H.R. 3573: Mr. MALONEY of Connecticut. H.R. 1671: Mr. JENKINS, Mr. MICA, Mr. H.R. 4567: Ms. MCCARTHY of Missouri. H.R. 3590: Mr. MICA. MCCOLLUM, Mr. FOSSELLA, Mr. KIND, Mr. H.R. 4569: Mr. GILMAN. H.R. 3593: Mr. SHERMAN. H.R. 4570: Ms. ROYBAL-ALLARD, Ms. JACK- FORBES, and Ms. HOOLEY of Oregon. H.R. 3661: Mr. WALDEN of Oregon. UNUNU SON-LEE of Texas, Ms. RIVERS, Mr. WAXMAN, H.R. 1708: Mr. S . H.R. 3677: Mr. UDALL of New Mexico, Mr. H.R. 1798: Mr. BOEHLERT. Mr. COYNE, Mr. PRICE of North Carolina, Mr. CHABOT, and Mr. LAZIO. H.R. 1824: Mr. CUNNINGHAM, Mr. HAYWORTH, KOLBE, Mr. UDALL of Colorado, Mr. WATTS of H.R. 3694: Mr. BOYD. Mr. MCINTOSH, Mr. FILNER, and Mr. TOWNS. Oklahoma, and Mr. ENGEL. H.R. 3732: Mr. OXLEY. H.R. 1854: Mr. BARRETT of Wisconsin. H.R. 4636: Mr. WAXMAN and Mr. HILLIARD. H.R. 3809: Mr. RAMSTAD. H.R. 1870: Mr. LOBIONDO and Mr. HOLDEN. H.R. 4639: Mr. KINGSTON. H.R. 3825: Mr. BLUMENAUER. H.R. 1871: Ms. KILPATRICK, Mr. REYES, Mr. H.R. 4652: Mr. MCNULTY and Mr. SHADEGG. H.R. 3850: Mr. LUCAS of Kentucky and Mr. BOUCHER, and Mr. PASCRELL. H.R. 4659: Mr. LOBIONDO, Mr. OBERSTAR, GILLMOR. H.R. 1890: Mrs. MEEK of Florida and Mr. and Mr. KENNEDY of Rhode Island. H.R. 3861: Mr. ANDREW. ABERCROMBIE. H.R. 4673: Mr. GILLMOR. H.R. 3891: Ms. SCHAKOWSKY, Ms. LEE, and H.R. 1926: Mr. BARTLETT of Maryland, Mr. H.R. 4677: Mr. GOODE, Mr. SANDLIN, Mr. Mr. STARK. FRANKS of New Jersey, and Mr. STRICKLAND. MINGE, Mr. BONILLA, and Mr. TAYLOR of H.R. 3896: Mrs. THURMAN and Mr. H.R. 2000: Mr. GEORGE MILLER of California North Carolina. PASCRELL. and Mr. ANDREWS. H.R. 4684: Mr. LOBIONDO and Mr. FRANKS of H.R. 4191: Mr. PETERSON of Minnesota. H.R. 2166: Mr. UDALL of Colorado, Mr. New Jersey. H.R. 4196: Mr. STUMP. DOYLE, Mr. KLECZKA, and Mr. TANCREDO. H.R. 4701: Mr. MCKEON, Mr. FILNER, and H.R. 4213: Mrs. FOWLER. H.R. 2308: Mrs. WILSON. Mr. LATOURETTE. H.R. 4248: Mr. BEREUTER. H.R. 2321: Mr. MORAN of Virginia. H.R. 4702: Mr. GORDON. H.R. 4258: Mr. THOMPSON of Mississippi. H.R. 2451: Mr. DICKEY, Mr. HOUGHTON, and H.R. 4727: Mr. EVANS, Ms. LEE, and Mr. H.R. 4259: Mr. THOMPSON of California. Mr. BENTSEN. OLVER. H.R. 4271: Ms. MILLENDER-MCDONALD, Mr. H.R. 2499: Ms. VELAZQUEZ. H.R. 4736: Mr. BAKER, Mr. NETHERCUTT, Mr. H.R. 2562: Mr. SMITH of New Jersey. CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. BRYANT, Mr. BUYER, Ms. DANNER, Mr. FROST, H.R. 2592: Mr. MALONEY of Connecticut. MICA, Ms. WOOLSEY, Mr. HOEFFEL, Mr. LUCAS Mr. BARTLETT of Maryland, Mr. DEAL of H.R. 2611: Mr. BORSKI. of Oklahoma, Mr. SENSENBRENNER, Mr. Georgia, Mr. HORN, Mr. BOEHLERT, Mr. H.R. 2618: Mr. QUINN. UDALL of Colorado, Mr. WELDON of Florida, GOODE, Mrs. MYRICK, Mr. MCHUGH, Mr. H.R. 2620: Mr. HILLIARD, Mr. BOUCHER, Mr. Mr. SANDLIN, Mr. DOOLEY of California, Mr. HILLEARY, Mr. CALVERT, Mrs. NORTHUP, Mr. NORWOOD, Mr. GOODE, Mr. GILCHREST, Ms. KLINK, Mr. KOLBE, Mr. FALEOMAVAEGA, Mr. GALLEGLY, Mr. RAHALL, Mr. BATEMAN, Mr. DANNER, Mr. HOBSON, Mr. OXLEY, Mr. EHR- LATOURETTE, Mr. MOORE, Mr. WHITFIELD, KINGSTON, Mr. HINCHEY, Mr. BEREUTER, Mr. LICH, Mr. FROST, and Mr. CRANE. and Mrs. NAPOLITANO. SHIMKUS, and Mr. WAMP. H.R. 2631: Mrs. CLAYTON and Mrs. LOWEY. H.R. 4272: Ms. MILLENDER-MCDONALD, Mr. H.R. 4740: Mr. MCGOVERN and Mr. H.R. 2660: Mr. BOEHLERT. CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. BALDACCI. H.R. 2696: Mrs. MINK of Hawaii. MICA, Mr. WELDON of Florida, Mr. HOEFFEL, H.R. 4742: Mr. THOMPSON of Mississippi. H.R. 2697: Mr. NETHERCUTT. Mr. SANDLIN, Mr. KLINK, Mr. KOLBE, Mr. H.R. 4746: Mr. BARTLETT of Maryland. H.R. 2710: Mr. JONES of North Carolina, Ms. FALEOMAVAEGA, Mr. LATOURETTE, Mr. H.R. 4759: Mr. SWEENEY, Mr. HALL of Texas, LEE, Mr. LANTOS, Mr. COYNE, Mr. KILDEE, MOORE, Mr. WHITFIELD, and Mrs. Mrs. CAPPS, Mr. RUSH, Ms. STABENOW, Mr. Mr. TIERNEY, Mr. NORWOOD, Mr. WOLF, Mr. NAPOLITANO. KILBE, and Mr. SMITH of New Jersey. GEJDENSON, Mr. WEYGAND, Mr. FRANK of H.R. 4273: Ms. MILLENDER-MCDONALD, Mr. H.R. 4770: Mr. BALDACCI. Massachusetts, Mr. WEINER, Mr. GONZALEZ, CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. H.R. 4793: Ms. LEE. Mrs. FOWLER, Mr. REYES, Mr. GARY MILLER MICA, Mr. WELDON of Florida, Mr. HOEFFEL, H.R. 4794: Mr. ISAKSON and Mr. WELDON of of California, Mr. PASTOR, Mr. KLECZKA, Mr. Mr. SANDLIN, Mr. KLINK, Mr. KOLBE, Mr. Pennylvania. COSTELLO, Mr. SWEENEY, Mr. GOODE, Mr. FALEOMAVAEGA, Mr. LATOURETTE, Mr. H.R. 4822: Mr. FORST, Mr. BROWN of Ohio, ETHERIDGE, Mr. SHIMKUS, Mr. WAMP, Mr. MOORE, Mr. WHITFIELD, and Mrs. Mrs. CHRISTENSEN, Mr. FILNER, Mr. GUTIER- BROWN of Ohio, Mr. HORN, Mr. FRELING- NAPOLITANO. REZ, Mr. HASTINGS of Florida, Mr. HINCHEY, HUYSEN, Mr. BALLENGER, Mr. BATEMAN, Mr. H.R. 4274: Mr. COSTELLO and Mr. MATSUI. Ms. KILPATRICK, Ms. MCKINNEY, Mr. REYES, BARR of Georgia, Mr. SKELTON, Mr. ROTH- H.R. 4277: Mr. REYES, Mr. SANDERS, Mr. Mr. THOMPSON of Mississippi, Mr. BARRETT of MAN, Mr. FILNER, Mr. BOUCHER, Mr. GREEN- TAYLOR of North Carolina, Mr. EVANS, Mr. Wisconsin, Ms. NORTON, Mr. BORSKI, Ms. LEE, WOOD, Mr. SKEEN, Mr. BOYD, Mr. GREEN OF KUCINICH, Mr. CRAMER, Mr. HANSEN, Mr. GIL- Mr. LEWIS of Georgia, Ms. JACKSON-LEE of WISCONSIN, Mr. WHITFIELD, Mr. HOBSON, Mr. MAN, Mr. MOLLOHAN, Mr. MENENDEZ, Ms. RIV- Texas, Mr. CLAY, Mr. PAYNE, Ms. KAPTUR, MCINTOSH, Mr. NEY, Ms. BERKLEY, Mr. ERS, Mr. ROMERO-BARCELO, Mr. KLINK, Mr. Mr. DAVIS of Illinois, Mrs. MEEK of Florida, BONIOR, Mr. CLAY, Mr. FROST, and Mr. GALLEGLY, Ms. KAPTUR, Mr. COSTELLO, Mr. Mr. DOYLE, Ms. DEGETTE, Mr. FORBES, and BONILLA. CANADY of Florida, Mr. FATTAH, Mr. HOLDEN, Ms. WATERS. H.R. 2725: Mr. DICKEY. Mr. KENNEDY of Rhode Island, and Mr. HYDE. H.R. 4825: Ms. ESHOO, Mrs. CAPPS, Mr. H.R. 2774: Mr. SABO. H.R. 4281: Mr. HINCHEY, Ms. BALDWIN, Mr. CROWLEY, Mr. TOWNS, Mrs. MCCARTHY of New H.R. 2814: Mr. PASCRELL. BERMAN, Mrs. JOHNSON of Connecticut, Mr. York, Mr. CANADY of Florida, Mr. PRICE of H.R. 2892: Mr. DOYLE, Mr. KLINK, Mr. LOBIONDO, Mr. SAXTON, and Mr. ENGEL. North Carolina, Mr. KLINK, Mr. VENTO, Mr. BRADY of Pennsylvania, and Ms. DANNER. H.R. 4292: Mr. HILL of Montana, Mr. LUCAS ABERCROMBIE, Mr. BLAGOJEVICH, Ms. DANNER, H.R. 3003: Mr. TIERNEY, Mr. HORN, Ms. of Kentucky, and Mr. GREEN of Wisconsin. Mr. GALLEGLY, Mr. STUPAK, Ms. PRYCE of Ohio, Mr. KLINK, Mr. PRICE of H.R. 4328: Mr. PICKERING, Ms. LEE, and Mr. SCHAKOWSKY, Ms. ROS-LEHTINEN, Mr. MAT- North Carolina, Mr. SHAYS, Mrs. MYRICK, Mr. BOUCHER. SUI, Mr. OBERSTAR, Mr. DIXON, Ms. RIVERS, LAMPSON, Mr. POMEROY, and Mr. BILIRAKIS. H.R. 4334: Mr. HINOJOSA and Mr. CRAMER. and Mr. VITTER.

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H.R. 4830: Mr. HYDE, Mr. JACKSON of Illi- H.R. 5098: Mr. TANCREDO. H.R. 3703: Mr. METCALF. nois, and Mr. PORTER. H. Con. Res. 74: Ms. PELOSI and Ms. VELAZ- H.R. 4831: Mr. HYDE, Mr. JACKSON of Illi- QUEZ. f nois, and Mr. PORTER. H. Con. Res. 177: Ms. VELAZQUEZ. H.R. 4841: Mr. MCINTYRE. H. Con. Res. 306: Mrs. LOWEY, Mr. WEINER, H.R. 4848: Mr. FATTAH, Mr. HINOJOSA, Mr. Mr. SMITH of New Jersey, Mr. BENTSEN, Mr. PETITIONS, ETC. PETERSON of Minnesota, Mr. GORDON, Mr. PASCRELL, Mr. TOWNS, Mr. WU, Mr. SAXTON, LEACH, Ms. NORTON, Mr. BONIOR, Mr. KLECZ- Mr. NORWOOD, Mr. GREENWOOD, Ms. RIVERS, Under clause 3 of rule XII, petitions KA, Mr. JACKSON of Illinois, Mr. DOOLEY of Mrs. CLAYTON, and Mr. CRAMER. and papers were laid on the clerk’s H. Con. Res. 308: Mr. FRANK of Massachu- California, Mr. RODRIGUEZ, and Mr. HOYER. setts and Mr. SANDERS. desk and referred as follows: H.R. 4878: Mr. BRADY of Pennsylvania. H. Con. Res. 327: Mr. NORWOOD and Mr. H.R. 4902: Mr. SCHAFFER, Mr. RAHALL, Mr. 104. The SPEAKER presented a petition of PASCRELL. HUTCHINSON, Mr. ETHERIDGE, and Mr. NEY. the Legislature of Rockland County, New H. Con. Res. 341: Mrs. MORELLA. H.R. 4907: Mr. BOUCHER, Mr. DAVIS of Vir- H. Con. Res. 345: Ms. DANNER. York, relative to Resolution No. 421 sup- ginia, Mr. SCOTT, Mr. WOLF, Mr. GILLMOR, H. Con. Res. 355: Mr. FILNER, Mr. SCOTT, porting the continuation of Section 8 Hous- and Mr. STUMP. Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. ing to protect the homes and residences of H.R. 4922: Mr. BURR of North Carolina, Mr. ABERCROMBIE, Ms. PELOSI, Ms. LEE, Mr. 170 Rockland families at the Nyack Plaza in DOOLEY of California, Mr. MASCARA, Mr. BLUMENAUER, Mr. FALEOMAVAEGA, Mr. the Village of Nyack, Town of Orangetown; PICKERING, Mr. KNOLLENBERG, Mr. MCINTOSH, VENTO, and Mr. BONIOR. to the Committee on Banking and Financial Mrs. EMERSON, Mr. KINGSTON, and Mr. BASS. H. Con. Res. 361: Mr. PAYNE, Mr. BEREUTER, Services. H.R. 4926: Mr. CLYBURN, Mr. HILLIARD´ , Mr. Mr. WEXLER, and Mr. RUSH. RANGEL, and Mr. ROMERO-BARCELO. H. Con. Res. 363: Mr. UDALL of Colorado. 105. Also, a petition of The European Par- liament, relative to a resolution on the es- H.R. 4950: Mr. TOWNS, Mrs. FOWLER, Mr.´ H. Con. Res. 368: Mr. ROGAN and Mr. BALDACCI, Mr. LEACH, Mr. ROMERO-BARCELO, MCGOVERN. tablishment of a common European security Mrs. MORELLA, and Mr. ENGEL. H. Con. Res. 370: Mr. HORN, Mr. WAXMAN, and defense policy with a view to the Euro- H.R. 4951: Mr. UPTON, Mrs. FOWLER, and Mrs. CAPPS, Mr. CUNNINGHAM, Mr. MCGOV- pean Council in Feira; to the Committee on Mr. CRANE ERN, Ms. ESHOO, and Mrs. NAPOLITANO. International Relations. H. Con. Res. 376: Mr. LATOURETTE and Mr. H.R. 4966: Mr. BECERRA, Mr. WEXLER, Mr. 106. Also, a petition of the National Assem- MCGOVERN, Mr. STARK, Mr. FATTAH, and Mr. RAHALL. H. Res. 420: Mr. ALLEN. bly of Korea, relative to a Resolution calling LANTOS. H. Res. 458: Mr. TOOMEY, Mrs. NORTHUP, for the revision of the Agreement under Arti- H.R. 4968: Mr. METCALF, and Mr. SMITH of Mr. COOKSEY, Mr. BLUMENAUER, Mr. LEWIS of cle 4 of the Mutual Defense Treaty between Washington. Georgia, Mr. LATOURETTE, Mr. UDALL of New the Republic of Korea and the United States H.R. 4971: Mr. CRANE, Mr. MCCOLLUM, Mr. Mexico, Mr. GALLEGLY, Mr. COX, Mr. NOR- of America, regarding facilities and areas BOUCHER, Mr. RILEY, Mr. NETHERCUTT, and WOOD, Mrs. LOWEY, and Mr. TURNER. OUGHTON and the Status of United States Armed Mr. H . H. Res. 461: Ms. WOOLSEY, Mr. DICKS, Mr. H.R. 4976: Mr. FRANK of Massachusetts, Mr. Forces in the Republic of Korea; to the Com- UDALL of Colorado, Mr. MCDERMOTT, Mr. mittee on International Relations. HASTINGS of Florida, Mr. BOEHLERT, Mr. WATT of North Carolina, Mr. HORN, Mr. AN- SMITH of Washington, Ms. ESHOO, Mr. ROTH- DREWS, Ms. ROYBAL-ALLARD, Mr. LEWIS of 107. Also, a petition of National Conference MAN, Mr. SHAW, Mr. BENTSEN, Mr. SHAYS, and Kentucky, Mr. LEVIN, Mr. ABERCROMBIE, Mr. of Lieutenant Governors, relative to A Reso- Mr. MANZULLO. COOK, Mr. KENNEDY of Rhode Island, Mr. lution promoting the States and Territories H.R. 4987: Mr. BLUNT. DELAHUNT, Mrs. TAUSCHER, and Mr. participation in the National Environmental H.R. 4992: Mr. CONYERS and Mr. FILNER. PASCRELL. Policy Act; to the Committee on Resources. H.R. 5004: Mr. PAUL. f H.R. 5021: Mr. BARRETT of Wisconsin. 108. Also, a petition of Legislature of Rock- H.R. 5034: Mr. GOODLING. DELETIONS OF SPONSORS FROM land County, NY, relative to Resolution No. H.R. 5035: Mr. BERMAN and Mr. FROST. PUBLIC BILLS AND RESOLUTIONS 419 permitting Rockland County to repeal H.R. 5055: Mr. JEFFERSON. the county’s 3% sales tax on gasoline for two H.R. 5066: Mr. MCGOVERN, Ms. LEE, and Ms. Under clause 7 of rule XII, sponsors successive six month periods to provide fi- MCKINNEY. were deleted from public bills and reso- nancial relief to area residents; to the Com- H.R. 5067: Mr. BONIOR and Ms. ESHOO. lutions as follows: mittee on Ways and Means.

VerDate 11-MAY-2000 03:55 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A06SE7.043 pfrm02 PsN: H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, SEPTEMBER 6, 2000 No. 102 Senate The Senate met at 9:30 a.m. and was SCHEDULE Mr. BAUCUS. I yield to my friend called to order by the President pro Mr. ALLARD. Mr. President, today from Minnesota for purposes of making tempore (Mr. THURMOND). the Senate will resume postcloture de- a unanimous consent request. bate on the motion to proceed to the Mr. WELLSTONE. Mr. President, I PRAYER China PNTR legislation. It is hoped an ask unanimous consent I be allowed to The Chaplain, Dr. Lloyd John agreement can be reached to begin de- follow the Senator from Montana in Ogilvie, offered the following prayer: bate on the substance of the bill during this debate. Almighty God, we commit this day today’s session of the Senate. The Sen- The PRESIDING OFFICER. Without to You. By Your grace, You have ate will also continue debate on the en- objection, it is so ordered. brought us to the beginning of another ergy and water appropriations bill dur- The Senator from Montana. day. There is so much to do today: ing this evening’s session. The Schu- Mr. BAUCUS. Mr. President, as we votes to cast, speeches to give, and mer amendment regarding an energy begin the debate about whether to loose ends to be tied. In the rush of commission is the pending amendment. grant China Permanent Normal Trade things, it is so easy to live with flat By previous consent, during today’s Relations status, PNTR, we need to re- ‘‘horizontalism,’’ dependent only on consideration of the energy and water mind ourselves what the Senate vote is our own strength and focused on what appropriations bill, Senator DASCHLE, all about and what it is not about. others can do for us or with us. Today, or his designee, will be recognized to We are voting on whether American we lift up our eyes to behold Your offer a motion to strike the language companies, American farmers, Amer- glory, our hearts to be filled with Your relating to the Missouri River. There ican workers, and American consumers love, joy, and peace, and our bodies to will be up to 3 hours of debate on the will be able to take advantage of the be replenished. amendment prior to a vote in relation new market opportunities afforded by Fill the wells of our souls with Your to the motion; therefore, votes could changes that China will make over the strength and our intellects with fresh occur into the evening. next 5 years once it becomes a member inspiration. We know that trying to I thank my colleagues for their at- of the World Trade Organization, the work for You will wear us out, but al- tention. WTO. If we grant PNTR, China will lowing You to work through us will f have to give Americans all the benefits that we, and other WTO members, suc- keep us fit and vital. RESERVATION OF LEADER TIME Now, here are our minds, enlighten cessfully negotiated after an arduous 13 The PRESIDING OFFICER (Mr. them; here are our souls, empower years. If we fail to grant China PNTR ALLARD). Under the previous order, them; here are our wills, quicken them; status, then our Japanese and Euro- leadership time is reserved. here are our bodies, infuse them with pean competitors will be able to do energy. You are our Lord and Saviour. f business in China in ways that will be Amen. TO AUTHORIZE EXTENSION OF unavailable to us and at the expense of NONDISCRIMINATORY TREAT- our exporters, our farmers, our manu- f MENT TO THE PEOPLE’S REPUB- facturers, our financial service compa- LIC OF CHINA—MOTION TO PRO- nies, our Internet companies. PLEDGE OF ALLEGIANCE CEED During the Senate debate this The Honorable WAYNE ALLARD, a month, we will hear a lot about other The PRESIDING OFFICER. Under issues, with Senators offering a pleth- Senator from the State of Colorado, led the previous order, the Senate now re- the Pledge of Allegiance, as follows: ora of amendments. The list will prob- sumes postcloture debate on H.R. 4444, ably include human rights, worker I pledge allegiance to the Flag of the which the clerk will report. rights, religious freedom, prison labor, United States of America, and to the Repub- The assistant legislative clerk read Taiwan security, arms proliferation, lic for which it stands, one nation under God, as follows: indivisible, with liberty and justice for all. and export of American jobs, among A motion to proceed to the bill (H.R. 4444) others. to authorize extension of nondiscriminatory f treatment (normal trade relations treat- Most, if not all, of these subjects are important. They should be of concern RECOGNITION OF THE ACTING ment) to the People’s Republic of China, and to establish a framework for relations with to the United States Senate, and to all MAJORITY LEADER the United States and the People’s Republic Americans. A number of issues that go The PRESIDENT pro tempore. The of China. beyond the strict granting of PNTR to able Senator from Colorado is recog- The PRESIDING OFFICER. The Sen- China, such as human rights, moni- nized. ator from Montana. toring and enforcement of Chinese

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

S8035

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8036 CONGRESSIONAL RECORD — SENATE September 6, 2000 commitments at the WTO, promotion vested interests in the status quo will call it most-favored-nation status— of the rule of law, and Taiwan’s acces- not disappear. The reformers will be whether or not we give up what has sion to the WTO, are included in the strengthened, but they will still be been our only leverage to promote non- bill we are considering. Other issues, under constant attack as the battle be- commercial values—I emphasize that, I such as proliferation and Taiwan secu- tween the forces of reform and the say to my colleagues—noncommercial rity, are best dealt with apart from forces of reaction continues. But it is values in our trading relationships, this legislation. certainly a vital interest of the United such as human rights, labor rights, and I share many of the concerns that States to do everything we can to sup- environmental protection. Do we put some of my Senate colleagues will export those who favor reform over total- human rights, labor rights, environ- press over the coming days. But we are itarianism, to support those who favor mental protection, religious rights, the not voting on whether China is our private enterprise over state-owned en- right not to be persecuted for prac- friend. We are not voting about wheth- terprises, to support those who favor ticing one’s religious beliefs or exer- er China should be an ally of the incorporating China into the global cising one’s religious beliefs in paren- United States. And we are not voting trading community over autarky. theses, of no interest or concern to us, about whether China should be a de- We need to engage China to promote or do we maintain some leverage as a mocracy or not. responsible behavior internally and ex- country to speak out on this? To repeat, we are voting about ternally, to encourage them to play by The larger question is not whether whether American workers, farmers, international rules, to integrate the China is integrated into the world and businesses will benefit from a dec- Chinese economy into the market-driv- economy. China is a part of the world ade-long negotiation, or whether we en, middle-class-participatory econo- economy. The questions are: Under will allow our competitors in Japan mies of the West. China’s entry into what terms will China be integrated? and Europe to benefit while Americans the WTO will help anchor and sustain what will the rules be? who will decide do not. these economic reform efforts and em- those rules? who will benefit from That said, there are also broader im- power economic reformers. China will these decisions? and who will be plications involved in the Senate vote not become a market-driven economy harmed by them? on PNTR. Let me mention a few. overnight, but it is in our interest that The trade agreement negotiated by First, a rejection of PNTR will be they move in this direction, and WTO the United States and China last No- seen by China as an American policy will help. vember and the PNTR legislation cur- decision to isolate them, to impair I look forward to a vigorous debate in rently before the Senate provide very their growth and development, and to the best tradition of the Senate. I urge discouraging answers to these ques- prevent China from emerging as a all my colleagues to support this PNTR tions as to who will decide, who will great regional power. That is how they legislation without amendments. benefit, and exactly who is going to be will see it. Our intention should be to I yield the floor. asked to sacrifice. incorporate China into the global trad- The PRESIDING OFFICER (Mr. L. Our bilateral agreement contains page after page of protections for U.S. ing system, to get them to follow the CHAFEE). The Senator from Minnesota. same rules that we all use in inter- Mr. WELLSTONE. I thank the Chair. investors. It is a virtual wish list for multinational corporations operating national trade, and to make them ac- Mr. President, I thank my colleague in China and for those who wish to re- countable to an international institu- from Montana for his remarks. We are locate their production there, but it tion for their trade policies and trade not in agreement on this question, but contains not a word about human actions. The more China is integrated I have a tremendous amount of respect rights, nothing about religious free- into the global system, the more re- for his work in the Senate. dom, nothing on labor rights, and noth- sponsibly they will act. It is that sim- Let me, first of all, state at the beginning of this debate that it is coming on the environment. ple. It has been said that the United monly assumed the Senate is going to Second, a rejection of PNTR will States could not demand such things pass PNTR. For most, this is a fore- likely lead to an indefinite delay in because we have conceded nothing in gone conclusion, but I think this is an Taiwan’s accession to the WTO. On the our deal with China. That is far from extremely important debate and, as a other hand, passage of PNTR will re- the truth. With PNTR, the United matter of fact, one of the reasons I am sult in Taiwan’s accession. What will States gives up our annual review of very proud to be a Senator from Min- happen after both China and Taiwan China most-favored-nation trading nesota is that, unlike the House of accede to—that is, are members of—the privileges, as well as our bilateral WTO? Representatives where it was really trade remedies. They will participate together, along difficult to have an extensive debate, MFN review has not been used as ef- with all other WTO members, in meet- we will have that debate in the Senate. fectively as it should be, I grant that, ings ranging from detailed technical I will have a number of amendments I but it is about the only leverage we sessions to Ministerials. There will be will bring to the floor. They will be have left to speak up for human rights, countless opportunities for interaction. substantive. I think my colleagues will and when we as a nation do not speak Under the WTO’s most-favored-nation believe they are thoughtful, and we up for human rights in other countries, rule, they will have to provide each will have up-or-down votes. we diminish ourselves. Just ask Wei other the same benefits that they I also echo the remarks of my col- Jingsheng, who I hope will receive the grant to other members. league from Montana when he says we Nobel Prize for his courageous speak- Taiwan’s current policy limiting di- should be very clear about what this ing out for democracy in China. Ask rect transportation, communication, debate is about and what it is not him the difference it made when every and investment with the mainland will about. This debate is not about wheth- year normal trade relations with China likely be found to violate WTO rules. er or not we have trade with China. We came up for review here while he was Both will be able to use the WTO dis- do have trade with China. We will have in prison. The treatment was better. pute settlement mechanism against trade with China. It is not about The Government was worried about the other. And WTO-induced liberaliza- whether or not we communicate with what we would do. Now we give up that tion, in both Taiwan and the PRC, will China. We most definitely will. It is leverage. increase and deepen ties between them not about whether we isolate China. It is also true that our bilateral trade in trade, investment, technology, We are not going to do that. It is not remedies have not been used as effec- transportation, information, commu- about whether we should have an em- tively as they should, but section 301 nications, and travel. It will promote bargo of China, as we do with Cuba. remains our only explicit remedy stability across the Taiwan Strait. That is not even on the radar screen. against China’s violation of core labor Third, consider Chinese behavior Nobody is talking about any of that. standards. once it joins the WTO. We should not The question before us is whether or The United States right now absorbs expect to see changes overnight; no- not we in the Congress give up our 40 percent of China’s exports. The argu- body does. Those people in business and right to have annual review of normal ment that we could not have done bet- government fighting to maintain their trade relations with China—we used to ter by way of some concessions on

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8037 these basic issues falls on its face. In Lama’s image. At one monastery which in the Ukraine, and then lived in Rus- exchange for the concessions we have was closed, over 90 monks and novices sia, who spoke 10 languages fluently. I made to China, could we not have at were detained or ‘‘disappeared.’’ That am not an isolationist. least exacted some concessions with re- is why the U.S. Commission on Inter- But I will say today on the floor of gard to human rights? We did not. Yet national Religious Freedom rec- the Senate that we should be looking this year’s annual report by the State ommended delaying PNTR until China forward, and we should be looking to Department says China’s human rights makes ‘‘substantial improvement in al- how we participate in this new global performance continued to worsen in lowing people the freedom to worship.’’ economy, and how we can have some 1999. I say to my colleagues, do you just rules, some edifice, some kind of Today in the New York Times there want to turn your gaze away from this framework so this new global economy is another State Department report question? works for working people and the envi- which we called for, we required, on the We obtained no concessions from ronment and human rights. Too many whole question of religious freedom or China on complying with their existing of my colleagues want to put all of lack of religious freedom. I quote from commitments on forced prison labor these concerns in parenthesis. just the first two paragraphs of today’s which they have not lived up to. Harry I think we need to be clear about New York Times: Wu, a man of extraordinary courage what is at stake. My colleague from Montana, Senator BAUCUS, said that as As more and more Chinese seek to practice and character, has documented China’s faiths including Tibetan Buddhism, Christi- extensive forced labor system. His re- well. That is why so many people in anity and Islam, government officials have search has identified more than 1,100 this country are concerned about pas- increasingly responded with harassment, ex- labor camps across China, many of sage of this legislation. tortion, detention, and even torture, the which produce products for export to The PNTR is being sold as an agree- State Department said today. dozens of countries around the world, ment to increase U.S. exports. I have As a result, a ‘‘marked deterioration’’ in including the United States. heard this said a million times: If we religious freedom has occurred in China dur- We demanded no concessions from pass PNTR, we will dramatically in- ing the last year, enabled by a new law crease U.S. exports to China, and it granting state and local officials broad au- the Chinese on their persecution of labor organizers. If you try to form an will be a win-win—a win-win for agri- thority to suppress 14 minority religions, in- culture, a win-win for business, a win- cluding the Falun Gong movement, the State independent union, if you should want Department said in its second annual report to make more than 3 cents an hour, or win for labor. This legislation and trade deal with on religious freedom around the world. 14 cents an hour, if you should not China is much more about investment We have had more relations, more want to work 16 and 18 hours a day, if than it is about exports. It is much trade, and this vote is coming up this you should want to be treated with more about making it easier for U.S. year, and when it comes to the ques- some dignity, and you try to organize a firms to relocate jobs in China than it union, then you are faced with 3 to 8 tion of whether people can exercise the is about exports. right to practice their own religion, years in a hard labor camp. We pay no First of all, the argument that this there is more persecution. attention to this question at all, I say debate is all about exports and reduc- I will have an amendment that will to Senators, Democrats and Repub- ing our trade deficit falls on its face. I deal with the whole question of reli- licans alike. say to my colleagues, last August the gious freedom. It will mirror the con- Absent any minimum standards for U.S. International Trade Commission, clusions of a commission we set up to human rights, for labor, or for the en- the ITC, completed a study on the ef- look at religious freedom throughout vironment, the most likely scenario is fects of the China deal on our trade the world, to look at religious freedom for China to become an export plat- balance. The ITC found that the China in China, a commission which rec- form, attracting foreign manufactur- deal will increase our trade deficit with ommended to the Congress that we not ers, with lax regulations, and wages as China, not lower it. grant automatic trade relations with low as 3 cents an hour. Second of all, it is not at all true China unless the Chinese Government Unfortunately, many of the conces- that we need PNTR to be able to have meets essential minimum decency re- sions that we chose to demand from trade with China. China is already obli- quirements when it comes to not perse- China will only make it easier for the gated, under the 1979 bilateral trade cuting people because of their religious United States, for multinational cor- agreement, according to our own Gen- practice. porations to relocate there, paying peo- eral Accounting Office, the GAO, to According to the State Department’s ple 10 cents an hour, 3 cents an hour, 13 give us all of the benefits by way of report: cents an hour—I am going to give ex- tariff reductions that it gives any of The government’s poor human rights amples in my opening statement in the other WTO countries. Even the ad- record deteriorated markedly throughout just a few minutes—in competition ministration concedes this point. the year as the government intensified ef- with American workers and ordinary Third of all, PNTR will lead to more forts to suppress dissent, particularly orga- people in our country, who, by the way, imports from China by encouraging nized dissent. Abuses included instances of if they oppose our trade agreements, multinationals to invest in China man- extrajudicial killings, torture, mistreatment are accused of being backward, are ac- ufacturing to export to the U.S. mar- of prisoners, and denial of due process. cused of not being sophisticated, are ket. That is what this is all about. Big We are talking about hundreds, accused of not understanding this new companies could go to China—I will maybe thousands, of people in China global economy in which we live. give many examples—they would not sentenced to long prison terms where Please forgive ordinary citizens and have to worry any longer about annual they have been beaten, tortured, and wage earners for their skepticism that reviews, about normal trade relations. denied medical care. without some basic standards, what They could go there. According to Amnesty International, you are going to see is China becoming People can’t organize a union. They throughout China, mass summary exe- a magnet for more and more companies are thrown in prison. There is no re- cutions continue to be carried out. At to go there and pay people deplorable spect for human rights. There is no re- least 6,000 death sentences and 3,500 wages, with deplorable working condi- spect for people to practice their reli- executions were officially recorded last tions, while we lose our jobs. gion. As a result, they could go there year. The real figures are believed to be I believe the time has come for a dif- and pay people deplorable wages, under much higher. Nor did we obtain any ferent approach in negotiating our deplorable conditions, and then export concessions on religious freedom in our trade agreements and for reforming the back to our country. negotiations with China. Scores of rules of the global economy. I want to Let me just be real clear about it. Be- Roman Catholics and Protestants—I make it very clear at the beginning of fore the House vote on PNTR—and I speak as a Jew—have been arrested. A my opening statement, I say to my col- hope colleagues will listen—few no- crackdown on Tibet was carried out leagues, I am an internationalist. I am ticed that the ITC had predicted that during the ‘‘strike hard’’ campaign. a fierce internationalist. I am the son the trade deal with China would sig- Authorities ordered the closure of mon- of a Jewish immigrant who fled perse- nificantly increase investment of mul- asteries in Tibet and banned the Dalai cution from the Ukraine, who was born tinational corporations in China. But

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8038 CONGRESSIONAL RECORD — SENATE September 6, 2000 after the House vote, the New York Purdue isn’t the only one. Cargill op- we no longer reserve for ourselves the Times, the Washington Post, and the erates a fertilizer blending plant and a right to annually review normal trade Wall Street Journal all carried articles malt plant and two feed mills in dif- relations with China? The most impor- laying out what this legislation is real- ferent areas of China and boasted in a tant reason is they are interested in ly about. press release last year that it is a low cost, and that is a euphemism. Now, as it is in the Senate, and we ‘‘major exporter of Chinese corn and What I really mean to say is, they are have the benefit of a little bit more steel.’’ interested in low wages and the repres- wisdom and knowledge, let me just I urge farmers in Minnesota to listen sion of worker rights. That is what is quote, first of all, an article entitled, to that. Cargill says: We set up oper- so attractive about investment in ‘‘Playing the China Card,’’ from the ations in China; we are a major ex- China. New York Times: porter of corn. Steel workers in the The year 1994 is the last data we Although the Clinton Administration often Iron Range, listen to that. They don’t have. I am trying to bring to the floor listed exports as the headline benefit of have to worry about environmental of the Senate in this debate as much broadening trade with China, the real advan- rules and regulations. They don’t have empirical data as I can. Chinese pro- tage for U.S. companies is probably enhanced to worry about fair labor standards. duction workers who worked in the fac- rights of investment and ownership They don’t have to worry about human tories of the U.S. multinationals there....Most companies try to crack the rights standards that the Chinese Gov- earned on average of 83 cents an hour. difficult China market by setting up local operations, often using those plants as ex- ernment will impose. They can produce That is the last year for which the data port production bases as well. corn well below the cost of production is available. By way of comparison, the average manufacturing worker today Here is what the Wall Street Journal of corn growers in Minnesota, and they themselves brag about the fact that in our country makes $16.87. had to say the day after PNTR passed The State Department human rights the House in an article entitled, they are a major exporter of Chinese corn. report last year confirms the appalling ‘‘House Vote Primes U.S. Firms to state of labor rights in China. I will Boost Investments in China’’: Cargill, Archer-Daniels-Midland, and ConAgra, which have operated in China quote a few sections. While the debate in Washington focused for years, lobbied hard for a provision Independent trade unions are ille- mainly on the probable lift for U.S. exports gal. . . The government has not approved to China, many U.S. multinationals have in the China trade deal that will let them set up distribution networks that the establishment of any independent unions something different in mind. ‘‘This deal is to date. about investment, not exports,’’ says Joseph can be used for exports as well as im- The government continues its effort to Quinlan, an economist with Morgan Stanley ports. And John Deere has a joint ven- stamp out union activity, including through Dean Witter & Co.... ture with one of China’s state-owned detention or arrest of labor activists. In the tense weeks leading up to last companies that sells tractors. The State Department then goes on night’s vote, business lobbyists emphasized If we look at our trade deficit with the beneficial effect the agreement would to list a number of labor activists who have on U.S. exports to China. They played China, it tells the story. Our trade def- have been imprisoned because they did down its likely impact on investment, leery icit with China rose 256 percent from nothing more than demand the right to of sounding supportive of labor union argu- 1992 to 1999. Imports from China more be able to form a union so they could ments that the deal would prompt companies than tripled in real terms, while ex- bargain collectively and get better to move U.S. production to China. But many ports grew only 69 percent. Our trade wages. They are in prison, and we pay businessmen concede that investment in deficit with China jumped $11 billion no attention to that. China is the prize.... last year to $68 billion. In 1999, we had I cite a recent report by the National Then finally, after the House vote, a 6-to-1 ratio of imports to exports. Labor Committee which should dispel the U.S. Business and Industrial Coun- We do trade with China. There is a any doubts whether there are irrespon- cil surveyed the web sites of dozens of huge trade imbalance. And as U.S. in- sible U.S. corporations taking advan- U.S. multinationals who have been lob- vestment in China goes up, that is tage of these appalling labor condi- bying for PNTR, and they reached what is going to happen. As our trade tions. By the way, there are respon- similar conclusions: deficit gets worse, China is developing sible U.S. corporations as well. How- In contrast to the focus in their congres- into an export platform for foreign ever, the shame of it is, without any sional lobbying and their advertisements, firms that seek the world’s cheapest kind of standards, it is what the irre- American multinationals say almost nothing labor and access to the world’s largest sponsible U.S. corporations get away about exports when they describe their consumer market—not China but ours. with. China business on their web sites. There, the People in China are, by and large, very overwhelming emphasis is on supplying the The conclusion of the NLC: China market—and often other markets, like poor. The market is not China. The Recent in-depth investigations of 16 fac- the U.S. market—from factories they build market is in this country. The U.S. tories in China producing car-stereos, or acquire or work with in China.... today absorbs about 40 percent of Chi- brakes, shoes, sneakers, clothing, TVs, hats, na’s exports, and about 40 percent of and bags for some of the largest U.S. compa- Mr. President, this should come as no nies clearly demonstrate that [these corpora- surprise to colleagues. According to China’s exports, more than $200 billion in 1998, came from multinational firms tions] and their contractors in China con- the Economic Policy Institute, U.S. in- tinue to systematically violate the most fun- vestment in Chinese manufacturing—I operating in China. damental human and worker rights while am talking about before this vote— If this debate is really about invest- paying below subsistence wages. The U.S. shot up from $123 million in 1988 to $4 ment and not exports, then the ques- companies and their contractors operate billion in 1998. tion is, Why are so many U.S. corpora- with impunity in China, often in collabora- The number of U.S. affiliates manu- tions so eager to invest in China? The tion with repressive and corrupt local gov- facturing in China rose from 64 in 1989 answer that many of these corpora- ernment authorities. to 350 in 1997, and the value of their tions will give is that they want access NLC investigators found brand sales rose from $121 million in 1989 to $8 to China’s huge internal market. But name—Kathie Lee/Wal-Mart—handbags billion in 1997. That is before we pass as we have seen, most of the produc- being made in a factory ‘‘where 1,000 normal trade relations with China. tion they are investing in is for export workers were held under conditions of U.S. agribusiness conglomerates that to the United States and other foreign indentured servitude, forced to work 12 have been promoting U.S. exports to markets. There is a good reason for to 14 hours a day, seven days a week, China as much as anyone are also in- that. This was the same argument with only one day off a month, while vesting in production facilities there in made about NAFTA—we want to have earning an average of 3 cents an hour.’’ China. As the Wall Street Journal this market in Mexico. But the prob- I hope my colleagues are not going to noted the day after the House vote: lem is, the wages are so low in these vote against an amendment that I am going to bring to the floor that is going Even agriculture companies are getting in countries, the poverty is so great, we on the act. Poultry giant Purdue Farms, Inc. don’t have the market. to deal with basic human rights and is ratcheting up its investment in China with So why are U.S. corporations so in- another amendment I will bring to the a joint venture for a processing plant and terested in relocating production in floor dealing with the problem of reli- hatchery near Shanghai. China? Why are they so interested that gious persecution.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8039 Continuing from the NLC report: here in the U.S. and then turn around My question to you is, for whom does the However, after months of work, 46 percent and promote unregulated investment bell toll? Because this is not just about the of the workers surveyed earned nothing at in China without any conditions what- jobs of Region 2 members of the United Auto all— Workers. This is about all of American man- soever? ufacturing. And it is about the debate in the They didn’t even make 3 cents an I simply say that I seriously ques- Senate. hour. tion, on the basis of some pretty solid The stories of workers at Zebco and in fact, they owed money to the company. empirical evidence, whether this China Nestaway tell a larger story. We have The workers were allowed out of the factory deal is going to lift living standards an exploding trade deficit with China, for just an hour and a half a day. The work- overseas to our levels or whether this ers were fed two dismal meals a day and and it is only going to get worse be- China deal and some of our other trade cause without any kind of conditions, housed 16 people to one small, crammed policy is going to lower living stand- dorm room. Many of the workers did not without any kind of human rights even have enough money to pay for bus fare ards down to theirs. It is not very hard standards, without any kind of fair to leave the factory to look for other work. to figure out what this deal is about. It labor standards, without any kind of When the workers protested being forced to is going to encourage more investment minimal standards for human rights, work from 7:30 a.m. to 11:00 p.m. seven days in China under the conditions I have what we are going to see is more and a week, for literally pennies an hour, 800 described. more companies not exporting but in- workers were fired. I wish to give two case studies. On vesting in China, going to China, pay- Do Members not think in this trade July 7, the New York Times ran a story ing low wages. This becomes the export agreement we might not want to have about Zebco Corporation, world-famous platform, and then the products are ex- some conditions calling on the Chinese makers of fishing reel, which moved ported back to our country. According Government to live up to basic stand- most of its production to China in to the EPI, our exploding trade deficit ards of decency? June. Most of Zebco’s 240 workers will with China cost over 683,000 jobs be- One factory producing brand name eventually lose their jobs. They said: tween 1992 and 1999. This trade deal sneakers for the U.S. market hires only With most of Zebco’s competitors having with China will cost even more—over females between the ages of 18 and 25— already set up fishing tackle plants in China, 870,000 jobs, just looking into the im- another U.S. company in China. allowing them to undercut Zebco’s prices at mediate future. The base wage at the factory is 18 cents an Wal-Marts everywhere, Zebco began a year Well, let me now make two final hour, and workers need permission to leave ago to explore the possibility of moving its points in my opening statement. It is the factory grounds. Factory and dorms— own lines to China. The company found that commonly argued that everybody bene- where 20 women share one small dorm room, it could commission Chinese factories to fits, that it is exports, and I have tried produce and deliver reels to the United sleeping on triple-level bunk beds—are to take that on. We get the arguments locked down at 9:00 p.m. every night. When States for one-third less than it could make them at home, company officials said. of the trade agreement, and I have workers in the polishing section could no tried to take that on. It is argued that, longer stand the grueling overtime hours and As assembly-line factory jobs go, Zebco of- low pay and went on strike, they were all fers ordinary pay but solid benefits, includ- in fact, this is a policy that will help fired. Factory management then lectured the ing Christmas gifts of stock certificates. people in China. I have tried to take remaining workers that they would not tol- Workers returned the loyalty. Turnover was that argument on. Let me simply talk erate unions, strikes, bad behavior, or the low. about the inequality in our country. raising of grievances. This is what it was all about. Even free trade economists have now I will have an amendment that will Then, earlier this year, the company concluded that existing trade policy is say we should condition automatic nor- pushed assembly-line workers to raise their the single largest cause of growing in- mal trade relations with China on their output by at least 10 percent a month, and equality since 1979. We have a booming living up to the basic standard that China became a cattle prod. economy, but we have the widest gap people should be able to form an inde- That is in the New York Times piece. between the rich and the poor of any pendent union if that is what they be- Still, the shop floor fell into stunned si- industrialized nation in the world. In- lieve they should do without being im- lence one Monday afternoon when the presi- equality, both within countries and be- prisoned. dent of the company read a brief statement tween countries, has dramatically in- At a plant making brand name— as first-shift workers finished their day. creased. Nike—clothing for American con- Zebco was moving some production to China. When we went through the debate on Many of those listening would lose their NAFTA, the argument was there will sumers, young workers worked from jobs. Zebco reels no longer commanded an 7:30 a.m. to 10:30 p.m., 7 days a week. be winners and losers, but we will be ‘‘adequate profit,’’ the statement said. better off as a country, and we cer- They made 22 cents an hour. Wal-Mart, Many leading United States companies are tainly will be there to compensate the by the way, is in China. I think they like Zebco. They face competitive pressure losers; we will have job training and are paying 14 cents an hour. And an- to save money by producing in China—often education programs and all of the rest. other factory manufacturing for export exporting back to the United States—rather But do you know what? That was fine to the U.S. market does not hire any- than making goods here to sell in China. The workers as Zebco are not alone. sentiment expressed on the floor of the one older than 25; workers are paid 20 Senate, but after NAFTA was passed cents an hour and work 11- to 12-hour Warren Davis is a courageous, outspoken United Auto Workers leader. He and we lost hundreds of thousands of shifts. jobs, support for the training and as- is their regional director for Ohio and I have no doubt that some of our sistance suddenly dried up. All of the Pennsylvania. In a recent letter, he companies—I hope many—want to be Senators and all of the Representatives told me about 90 workers at a plant he responsible employers. But when we who I hear say, ‘‘Yes, there will be los- represents who are all going to lose don’t have any standards and we sign ers and we are certainly going to have onto trade agreements without any their jobs because of the conditions to do better’’—I would like to hear standards whatsoever, we create eco- that I have described. He writes: those Senators and Representatives nomic incentives that push in the Nestaway Corporation has been under con- talk about health security for people in wrong direction, where the companies tract with the Rubbermaid Corporation of this country, affordable child care, wanting to do well by workers are at a Wooster, Ohio. It is losing its critical con- good education for their children, in- tract because Rubbermaid claims it can no competitive disadvantage and it be- creasing the minimum wage. But quite comes a race to the bottom. longer afford to buy Nestaway’s sink strain- ers.... often you find just the opposite. In our country—I am proud to say as The victims are the workers at Nestaway I wish to talk about an amendment I a former college teacher—among young Corporation in Garfield Heights, Ohio. They am going to bring to the floor of the people is the best organizing of justice, are mainly single parents with poor pros- Senate, which I think is terribly im- idealism, and activism I have seen in pects for finding any other job that pay a portant. Part of what is going on, un- many years. But how can you support wage comparable to the $9 an hour they had fortunately, with our trade policy—and the anti-sweatshop campaign, de- been paid.... given the size of China, this will sharp- nounce the rapid proliferation of Basically, it is the same thing. They ly widen the inequality. This will exac- sweatshops all over the world, and de- can’t compete. I continue to quote erbate this, I think, most serious ques- nounce the resurgence of sweatshops from him: tion of all.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8040 CONGRESSIONAL RECORD — SENATE September 6, 2000 The message is, if you organize, we On the one hand, we have the current day and who have no access to clean are gone; we will go to these other model of a business trade policy de- water for themselves or their children. countries. The message is that if you signed to serve mainly the interests of You are coming out here on the floor want to work for more than 3 cents an multinational corporations, Wall of the Senate and trying to argue that hour, you don’t get our investment. Street financial institutions, and glob- trade policy has been a great benefit But if this is all about workers, and al business conglomerates. This is the for the poor in the world. I don’t think if this is all about coming through for model of globalization that has gen- the empirical data support that. working people in our country—mak- erated such outrage and certainly Let me conclude where I started. ing sure that the jobs we have in our skepticism on the part of most ordi- I am an internationalist. I hear all country are good jobs, and there are nary citizens in the country. Good for this discussion about how this debate decent health care benefits for people, them. and this vote is all about whether or and they can support their families—I I think there is a 2-to-1 margin—as I not you believe we live and work in a think we will have to look at the very remember the recent polling data—of global economy. I take seriously those strong correlation between unioniza- people who say they don’t believe these words that we live and work in a global economy. It certainly is true. But may tion and good jobs and good working trading agreements are going to lead to I point out to my colleagues the impli- benefits—and that is a well established good job prospects but are going to more likely take away good jobs for cations of this point of view. correlation—and, therefore, the need to If we live in a global economy and if give people the right to organize. Americans. Just think about it for a moment. We we are truly concerned about human Right now in the country during an rights, then we can no longer concern organizing drive, in 91 percent of the passed not too long ago the CBI initiative. That is all about, as my colleague ourselves only with human rights at cases employers require employees to home. listen to the companies but deny the said, helping poor working people in the Caribbean countries. How do you If we live in a global economy and we employees any opportunity to listen to truly care about religious freedom, help poor working people in the Carib- both sides. I am going to introduce a then we can no longer concern our- bean countries where they don’t even right-to-organize amendment. That selves only with religious freedom at have the right to work? They can’t join should no longer be the case. Employ- home. ees should be allowed to hear from both a union. The Caribbean countries with If we live in a global economy and sides. the fastest growing exports have expe- work in a global economy and we care In 31 percent of all the organizing rienced—are you ready for this?—the about the rights of workers to organize campaigns, employers illegally fire steepest decline in wages. and bargain collectively and earn a So often I hear from my colleagues: union sympathizers with virtual impu- better standard of living for themselves Well, Paul, we know you support work- nity. Ten thousand workers are fired il- and their children, then we can no legally every year. It is profitable to do ing people but do not seem to be sup- longer concern ourselves with labor so. In this amendment, I say if a com- porting the poor in these developing rates only at home. pany breaks the law and illegally fires nations. I say to my colleagues that If we truly care about the environ- that worker, that company is going to every time I go to a trade conference, ment and we live in a global economy, I look for the poor. I never see the poor be faced with stiff financial penalties. then we can no longer concern our- In one-third of the cases, even after at these trade conferences. I see the selves with environmental protection the employees say they want to join a elites from these countries. I don’t see only at home. union so they can make better wages, the poor represented. Raising living standards is not only In any case, with the Caribbean coun- the companies refuse to negotiate. This the right thing to do, it is necessary if tries, let me cite one very interesting amendment will call, therefore, for me- we are to maintain our own living correlation. Those countries with the diation to be followed by binding arbi- standard. We need to ensure that pros- fastest growing exports and that have perity is shared more broadly so that tration. the lowest wages have seen the steep- I hope my colleagues will support the world economy is stabilized and est decline in wages. this right-to-organize amendment. that healthy and sustainable products The question is, Who benefits from are created for our exporters. When I think the way our country is going expanding trade benefits without any is that people and families are more people make 3 cents an hour and are enforceable labor standards? Who bene- poor, they cannot buy what we produce concerned about the right to be able to fits from trade and investment policies organize and bargain collectively, earn in our country. that discourage rather than encourage I am proud to associate myself with a decent living, and support their fami- the right to organize? Not American lies. those who have been engaged in human workers; not workers in the other rights work. I think I care more about I say especially to the Democrats countries; not the poor in other coun- that you ought to support this amend- human rights issues than almost any tries. This is not win-win; this is lose- other set of issues in my family back- ment. You ought to support this lose. ground. They have understood a basic amendment because this is all about I will not cite a lot of statistics truth; it is this: That Americans can the basic right of people to be able to about the global economy, but for a never be indifferent to the cir- organize and to do better for them- moment I want to cite a few to point cumstances of exploited and abused selves and their families. This is all out to colleagues that many foreign people in the far reaches of the globe. about being on the side of working peo- countries have not fared so well under When the most basic human rights and ple. Do I not hear that the Democratic this ‘‘Washington consensus trade and freedoms of others are infringed upon Party is on the side of working people? investment policy’’ of recent decades. or endangered, we are diminished by I have an amendment that will give More than 80 countries have per cap- our failure to speak out for human Democrats, and I hope Republicans, an ita income lower than they did in 1970, rights. opportunity to be on the side of work- lower in 1999 than in 1978 by 200 million When we embrace the cause of human ing people. poor people living in abject poverty. rights, we reaffirm one of the greatest In conclusion, we have a choice. I Only 33 countries have achieved and traditions of American democracy, but think the choice is really clear. We are sustained 3-percent growth between we are not embracing the cause of in a global economy. We are in an 1980 and 1996, and in 59 countries the human rights with this trade bill. international economy. The question per capita GNP actually declined. There is another truth, and it is is, Are there going to be any new rules? The number of poor continues to reaching a larger and larger public. We live in a democracy. My father grow throughout the world. The well-being of our families, the taught me more than anything else to There are 100 million people in indus- well-being of ordinary wage earners in love my country, and I love my coun- trialized countries living below the the United States of America, depends try because we live in a democracy. I poverty line, and 35 million of them are to a considerable degree on the welfare get to speak on the floor of the Senate. unemployed. of people who we have never met, peo- Citizens get to speak up. We have a There are 1.3 billion people in the de- ple who live halfway across the planet. voice. veloping world earning less than $1 per Our fates are intertwined.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8041 Some of my colleagues say the global So it is today, 100 years later. These the United States. It is imperative that markets will take care of themselves; amendments I will bring to the floor of we do so quite promptly because while they cannot be tamed; there is nothing the Senate reflect an effort on the part the House has begun to focus attention we should do; this is laissez faire eco- of people in the United States of Amer- on the issue, time is very short before nomics at its best. ica and others throughout the world to the end of this Congress to actually ac- I point my colleagues to the lessons say, yes, we live in a new global econ- complish the goals we seek in increas- of our own economic history. As we de- omy, but just as 100 years ago men and ing pipeline safety. bate this piece of legislation on the women organized and had the courage A dramatic and equally tragic inci- floor of the Senate—and I will have an to make that new national economy dent during the course of the last amendment that will deal with reli- work for them, we make a set of de- month with a national gas pipeline in gious freedom, an amendment that mands. We bring a set of issues before New Mexico has illustrated most re- deals with human rights; I will have an the Senate. We call for votes on amend- grettably, once again, the essential na- amendment that deals with exports ments which basically say that we need ture of our improving pipeline safety from China from forced prison labor; I to make sure that this new global standards all across the United States. will have an amendment that deals economy works for working people, I am focused particularly on giving a with a right to organize in China; and works for family farmers, works for the more significant voice in pipeline safe- I will have an amendment that deals environment, works for human rights. ty matters to the people who live in with the right to organize in our own Mr. President, we want to make sure the vicinity of these pipelines and country—let Members for a moment we can civilize this new global econ- whose lives regrettably seem to be very think about this debate in an historic omy so that it works for most of the much at risk with respect to either context. I heard my colleague, Senator people. negligence or oversight on the part of BAUCUS, for whom I have great respect, I ask unanimous consent that the those who own and operate these pipe- say this is a very important debate. next two Democratic speakers be Sen- lines. Senator MOYNIHAN, who will retire— ator DORGAN and Senator TORRICELLI, Pipelines, both for natural gas and and the Senate and our country will and that Senator TORRICELLI’s state- for the transmission of liquid petro- miss him—believes this is one of the ment be considered a morning business leum products, are a vitally important most important votes we will cast. I statement, after Senator GORTON part of our economy. In some respects, agree. I think this is one of the most speaks. they are safer than other forms of important debates that has taken place The PRESIDING OFFICER. Without transportation for these commodities. in the Senate. objection, it is so ordered. However, accidents are all too fre- I deal with a sense of history. One- The Senator from Washington. quent, and all too frequently those ac- hundred years ago, our country moved Mr. GORTON. I ask unanimous con- cidents are devastating and fatal in na- from an economy of local economic sent to speak as in morning business. ture. units to an industrialized economy. It The PRESIDING OFFICER. Without The importance of passing this legis- was a wrenching economic trans- objection, it is so ordered. lation cannot be overemphasized. I am formation, a major seismic change in f highly optimistic on this subject. I had our economy. We were moving toward an extensive discussion last evening PRIORITIES a national, industrialized economy 100 with the majority leader and have his years ago, at the beginning of the last Mr. GORTON. Mr. President, after a encouragement. I believe in the course century. refreshing though strenuous August re- of the next few days we will be able to As that happened, there was a coali- cess, we are now in the home stretch take up this bill. tion—some of them were evangelical, not only of this session of Congress but Regrettably, on another high na- some were populist, some were farmers, of this Congress. tional priority, I find myself frustrated some were women, some were working The previous speaker discussed one of that we have not made a sufficient de- people—that made a set of demands. the great national and international gree of progress. A number of days, The farmers said: We want antitrust priorities, normal trade relations with over a period of weeks and months, action because these big conglomerates China on a permanent basis. I have sev- have been devoted in this body to a de- are pushing us off the land or they eral other priorities, both national and bate on education policy and a renewal were exploiting the consumers. They regional, that I will discuss, each of of the Elementary and Secondary Edu- want a 40-hour workweek. We want the which I think is vitally important for cation Act. For all practical purposes, right to organize. We want some pro- the successful conclusion of this Con- that bill is being frustrated by ex- tections against exploiting children, gress of the United States. tended discussion, led by the unalter- child labor. Women said: We want the At the very top of my list is pipeline able opposition to providing more trust right to vote. We want direct election safety. More than a year ago, a tragic and confidence in our local school au- of the U.S. Senators. They made those accident in Bellingham, WA, occurred thorities on the part of the Democratic demands, and nobody thought they had with a liquid pipeline. A huge explosion leadership and the senior Senator from a chance. snuffed out the lives of three bright Massachusetts. The Pinkertons killed anyone trying young people and destroyed a magnifi- An integral part of the bill, which is to organize a union. All too often that cent and beautiful park. Ever since the still before this body and which has happened. The media was hostile to date of that accident, my colleague majority support, is Straight A’s. this set of demands, by and large. Jour- from the State of Washington and I Straight A’s gives State school au- nalists followed this debate. I am not have focused a great deal of attention thorities several options: One, to con- bashing all journalists, but in general on the renewal and the strengthening tinue under the present system. Two, the media was not supportive. And be- of the Pipeline Safety Act and of the for a dozen or so States to combine a lieve it or not, money probably domi- Office of Pipeline Safety, designed to dozen or more present categorical aid nated politics even more than it does enforce its restrictions. programs into one system that comes today. We have succeeded in passing a rel- to the State, is passed through with at However, those women and men felt, atively strong Pipeline Act reauthor- least 95 percent of the money to indi- as citizens of a democracy, they had ization through the Senate Commerce vidual school districts on one under- the right to demand for themselves and Committee with certain objections, taking and one undertaking only, and their families all they thought was with a number of amendments that that undertaking is that each State right and all they had the courage to were seriously contested and closely di- that would get this authority will sign demand. They didn’t win everything, vided in that committee. We have now a contract pursuant to which there will but a lot of their demands became the worked diligently with all concerned be an improvement in the skills of the law of the land and their collective ef- and I believe we are on the verge of a students over a 5-year period; that is to forts made our country better. Their bill that can come before this Senate say, by any objective measure that the efforts amounted to an effort to civ- and can be passed enthusiastically, and State uses, our kids will be better edu- ilize a new national economy. I believe unanimously, by the Senate of cated.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8042 CONGRESSIONAL RECORD — SENATE September 6, 2000 It is a dramatic change. It is a important that the appropriations bill in the Northwest part of the United change from process accountability, to which that important matter is at- States from which my State has not the form of accountability we have at tached be passed and we make at least been entirely free but with which it has the present time—that is to say: Did a significant step, a genuine step for- not been afflicted to the extent that you fill out the forms correctly?—to reward toward fair and nondiscrim- Montana, Idaho, and certain other sults accountability: Are our children inatory treatment of all Americans in States have been. Whatever our con- better educated? I am convinced and a the cost of the prescription drugs that cerns about the causes of those fires, majority of this body is convinced that are so important to their health. the expenditures that have been made by providing more trust and confidence On two other subjects, this body has and are to be made in connection with in parents and teachers and principals passed a bill attempting to ensure the their suppression are a genuine emer- and school board members—the people reliability of our electrical trans- gency and will be included in the con- who know our children’s names—that mission system and the supply of elec- ference committee report on the Inte- the students’ education will improve. tricity to all the people of the United rior Department bill as an emergency. There is still time to pass such a bill. States. We have had unwarranted price At the same time, due to the very hard I regret the opposition even to a test, hikes. We have had both the existence work of my friend and colleague, the optional to each State, is so great it and threat of brownouts in various senior Senator from Idaho, there are seems unlikely that this vitally impor- parts of this country this year. That dramatic changes in fire prevention tant education reform will be passed. situation is only going to get worse policies which will also be included in Just last week I spoke to the junior until we do something about it. A non- that bill that are vitally important to and senior classes at Bridgeport High controversial but vitally important see to it that we do not soon have a School, a rural school in Washington electricity reliability bill has passed repetition of the disastrous fires that State, a very small school, not more this body. I urge my colleagues in the have consumed so many hundreds of than 100 students and faculty com- House of Representatives to do the thousands, even millions of acres of our bined. They do not need more Federal same. public and private lands during the rules and regulations. They don’t need Finally, on a regional issue, the great course of this summer. to be told they should use the newest issue in the Pacific Northwest is the Mr. President, that is an ambitious Federal program to hire roughly half a future of our hydroelectric dam system agenda, but I believe it to be a vitally teacher, which is what they get under on the Columbia and Snake Rivers, and important agenda, not only for my own that program. They need our trust and particularly the four dams on the lower constituents but for the people of the confidence in the dedicated nature of Snake River. Many in this administra- United States as a whole. those teachers and administrators and tion have pursued the foolish goal of The PRESIDING OFFICER (Mr. parents in that community, who know removing those dams in order, the ad- HUTCHINSON). Under the previous order, better than we do here in Washington, ministration asserts, to save salmon. the Senator from North Dakota is to be DC, what the students of Bridgeport, Nothing could be less cost effective as recognized. WA, need. The same thing is true of against the many absolutely first rate Mr. DORGAN. Mr. President, I ask 17,000 other school districts across the programs that are going on in the Pa- unanimous consent that the Senator United States. cific Northwest directly to that end, from New Jersey be recognized for 10 I also note present on the floor today programs that not at all incidentally minutes, following which I will be rec- my distinguished friend and colleague have been remarkably successful if we ognized. from North Dakota. He and I are joined measure them by this year’s return of The PRESIDING OFFICER. Without in at least two other priorities with spring chinook salmon to the Columbia objection, it is so ordered. The Senator which we are dealing this year. One is River system. from New Jersey. the opportunity to end unilateral boy- The administration and the Vice Mr. TORRICELLI. I thank my friend, cotts against the export of food and President have blinked in this connec- the Senator from North Dakota, for his medicines from the United States. We tion, knowing the proposal is as un- consideration. represent, I am convinced, a substan- popular as it is absurd in the Pacific tial majority of the Members of the Northwest. One group in the adminis- f Senate, as well as the House of Rep- tration said it would be off the table TELEVISED POLITICAL resentatives. We have a termination to for 8 years. However, the chairman of ADVERTISING those boycotts in the Agriculture ap- the White House Council on Environ- propriations bill that is now before our mental Quality was cited in the course Mr. TORRICELLI. Mr. President, I conference committee. I know he joins of the last month saying that morato- want to address the Senate today on with me in believing that it is abso- rium will only be for 3 years, and the the question of the national elections lutely essential, and long overdue, that Vice President is not guaranteeing 3 and the rising interest by the Amer- we end those agricultural boycotts at years but just, ‘‘as long as it [the ican people in campaign finance re- the present time and provide additional present system] works.’’ My own view form. There is no better time to debate markets to American farmers and agri- is that that is until after the November the intricacies of how we are financing cultural producers as at least one mod- election. and conducting national elections than est step toward returning prosperity to So to the best of my ability to do so, in the midst of the very contests them- the agricultural sector of our economy. the administration will be given the selves. We are also joined in believing that opportunity to put its money where its Over the next 8 weeks, candidates for Americans are overcharged for pre- mouth is with a prohibition against its Federal office will spend more money scription drugs, that we have a system using any money in the appropriations than at anytime in American history under which American pharmaceutical bill for fiscal year 2001, not only for re- to attempt to persuade the American companies—who benefit from very moving the dams but for any step or people in the casting of their votes. large subsidies, both indirectly from purpose on the road to removing those There is one simple, compelling reason the National Institutes of Health, and dams. The debate over salmon recov- for this spiraling increase in campaign directly through tax credits for the de- ery, a universal goal in the Pacific expenditures, and that is the cost of velopment of prescription drugs—that Northwest, will be far more construc- televised political advertising, the cost when those companies charge Ameri- tive and far more productive when that of being on the national television net- cans twice as much or more than twice particular view is taken off of the works. as much for those drugs as they charge, agenda in its entirety. This Congress has tangentially dealt for all practical purposes, almost any- Finally, as the Senator responsible with some of the campaign finance one outside the United States, that for the management of the Interior ap- problems. It is obviously positive that something is absolutely wrong. Again, propriations bill, we must, of course, Congress tightened regulations for the we have passed in this body at least a deal with the remaining fires across disclosure of contributions for section significant step in the direction of cor- the United States in our forests and on 527 organizations. It was a small vic- recting that injustice. I think it is very our rangelands, and particularly again tory.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8043 We have, through the years, in- Philadelphia and New York markets profiting by the system. And it is ac- creased the number of votes in this in- were 10 times more likely to receive a celerating. stitution, of which I am one, for com- communication from a candidate In the last decade, the percentage of prehensive reform as envisioned by Mr. through a paid advertisement than political ads as a portion of total rev- FEINGOLD and Mr. MCCAIN. But indeed, they were through an actual news enue of the television networks has even if both of these provisions were story. They were 10 times more likely, gone from 3 percent of all revenue in enacted, the pressure for increased ex- if they were watching the news, to see political ads in 1992 to 9.2 percent this penditures would not abate. With all of an ad rather than actually seeing a re- year and rising. these reforms in place, the pressure to port from a reporter on the campaign. During the last cycle, network broad- raise more money and spend more Paid advertisements have come to casters accepted $531 million in polit- money would still dominate the sys- dominate sources of information over ical advertising. This is a 33-percent in- tem, which leads to the proposition actual news reports in American polit- crease since 1996 and over a 110-percent that to deal with the costs of adver- ical campaigns. increase since a decade ago. It isn’t tising on television, either this Con- During the last Presidential primary just that they are charging exorbitant gress must go beyond the current de- season, it was much the same. The typ- money; it is rising in multiples every bate on campaign finance reform or ical local television station aired less year. They are driving the cost of others outside of the Congress must be- than 1 minute of candidates discussing American political campaigns. come part of the solution. issues each night. During the month Candidates have been living, for the Ironically, the principal critique of before the Super Tuesday primary on last 25 years, with the same $1,000 limit the campaign finance system is coming March 7, the national networks aired a in raising hard Federal dollars—$1,000 from the very people who are driving nightly average of 36 seconds. The peo- per American per election. But the net- its costs—the television networks. A ple of the United States were choosing works are up 110 percent in how much 30-second prime time advertisement in their two nominees in the major na- they are taking in, meaning that can- the New York City market now costs tional primary, and for the preceding didates are spending more and more $50,000. In Chicago, the same advertise- month the television networks devoted time, going to more and more people, ment can cost more than $20,000. This 36 seconds to discussing issues. Of the raising more and more money to com- is the heart of the problem. 22 televised Presidential debates held municate with the same voters. The New York Times estimates the during this year’s primary season, 2 I do not know how we get this Con- 2000 elections will cost $3 billion. This were aired on network television. ABC, gress to enact campaign finance re- is a 50-percent increase over the 1996 CBS, and NBC reduced by two-thirds form. I trust at some point it will hap- elections. And $600 million, or 20 per- the amount of time that was then de- pen. I do not know what else the Demo- cent of those expenditures, will be on voted to the national political conven- cratic Party can do. We have had 45 political advertisements on television. tions. seats in the Senate for the last 2 years, This represents a 40-percent increase in This is the source of some obvious and every single Democrat has voted only 4 years. changes in the American political cul- for campaign finance reform. During the Presidential primaries, ture. Not only is this collapse of news But even if we were to have suc- both GORE and Bush spent 46 percent of coverage leading candidates to raise ceeded in those votes, it would not all of their campaign expenditures just more money and buy more advertise- have solved this problem. We would on television ads, twice as much as any ments, it is obviously changing how limit how much would be raised, per- other category of expenditures. The the American people make their judg- haps, but we would not deal with these evidence is overwhelming. What is ments. expenditures. Ultimately, it is these driving this increase in expenditures, On average, since 1952, 22 percent of expenditures that must be addressed. hence requiring the raising of these ex- voters have said they decided how to As my friend, Senator MCCONNELL, orbitant, even obscene, amounts of vote based on their observation of po- stated many times on the floor of this money, is the cost of television adver- litical conventions. This is also in a Senate, the Nation does not suffer from tising. It could not be clearer. state of collapse. People made judg- too much political debate. It probably Potentially the most expensive Sen- ments on hard news, they made judg- suffers from too little. If we lower the ate race in American history is going ments on political conventions, they amount that can be raised, and the net- to be the current Senate race in New watched for sources of news that were works keep raising the amount that is Jersey. A study by the Alliance for unbiased or professional, and that is required to be spent, all we are going Better Campaigns focused on last being replaced by political advertise- to accomplish is less discussion of June’s primary in my State. It came to ments, not by choice but because there issues. If the networks were devoting the following conclusions: is no choice. more time to the impartial discussion Local television stations in New It is extraordinary, given this state of issues, debates, news coverage, con- York and Philadelphia took in a record of affairs, that the principal force driv- ventions, it would be a good substitute $21 million from New Jersey Senate ing allegedly for campaign finance re- for political advertising. But the candidates, but these same television form has been in the media. amount of news coverage is collapsing affiliates of the networks devoted an The networks reduced the amount of while the costs go up. average of only 13 seconds per night in news coverage, radically increased the If we control the expenditures, the the final 2 weeks of the Senate cam- cost of advertising, and then com- net result will simply be this: The paign to actual news. plained about campaign financing. It is American people, making vital deci- This chart illustrates what was avail- an extraordinary state of affairs. sions about the Nation’s future, with able to the people of my State in Indeed, at this point, the television less and less and less information. choosing a Senator. In New York, a networks have political advertising as The hypocrisy of this gets worse. It is CBS affiliate—this is in the final 2 the third most lucrative source of their not just that networks charge more weeks of the campaign, only the last 14 revenues—only behind the automobile money and have less news coverage. days—devoted 10 seconds to coverage of companies and retail advertisers. For those of us who believe there news on the campaign. In Philadelphia, Indeed, buying air time for political should be a requirement for free or re- one network gave an average of 1 sec- ads is now 10 percent of the revenues of duced-rate air time over the public air- ond per night to actual news about the the television networks. Hence, it will waves, to reduce the need to raise this campaign. become clear why they may complain money, guess who is working against It is, therefore, not unpredictable about the cost of political campaigns, us. The very people who employ Mr. that this would lead to candidates un- appropriately—because we all want re- Brokaw, Mr. Rather, and Mr. Jennings, able to communicate with voters form in this institution more than who, every night, are complaining through the news spending exorbitant they—but one can see why they are about the cost of political advertising. amounts of money in advertisements. leading by complaint, not by example, Their employers are lobbying to stop Indeed, during the final 2 weeks of the in doing anything about the costs. the reforms. The National Association New Jersey Senate primary, viewers in They are themselves living off of and of Broadcasters, the lobbying arm of

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8044 CONGRESSIONAL RECORD — SENATE September 6, 2000 the television networks, spent $2.8 mil- The PRESIDING OFFICER. The Sen- for the first half of last year to $26 billion lobbying Congress in 1998. ator has up to 1 hour. lion this year. With China, it has in- The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, some creased from $29 billion to $36 billion. ator’s time has expired. long while ago I was at a meeting in These are not yearly figures. These Mr. TORRICELLI. Mr. President, I North Dakota, and I was talking about are 6-month figures, January through ask unanimous consent for an addi- senior citizen issues and health care, June. So this is equal to a $72 billion tional 2 minutes. and a range of things, and I used a sta- annual trade deficit with the country The PRESIDING OFFICER. Is there tistic. I told the senior citizens who of China. With Japan, this is almost objection? were at the meeting that there are two unforgivable, year after year, forever, Without objection, it is so ordered. men for every woman over the age of 80 we have had these huge budget deficits Mr. TORRICELLI. In the year 2000, in the United States. And an older fel- with Japan. Now they are totaling they have already spent $1.4 million. low rose from his chair and leaned for- nearly $80 billion a year. As the Washington Post reported on ward on his cane and said to me: Young What is happening is wrong. I am not May 2, when it comes to helping solve man, that is one of the most useless a classic ‘‘protectionist,’’ as the press the political fundraising problem, the statistics I have ever heard. would describe some of those involved broadcasting industry ‘‘doesn’t see be- I thought about that for a while. in this debate. I believe we need to ex- yond its own bottom line.’’ Exactly. There are a lot of useless statistics pand international trade. I believe we They are for campaign finance re- used in all kinds of different venues. In ought to be open for competition and form, unless they have to make a con- this discussion about trade, there will be required to compete. But I also be- tribution. They are the principal com- certainly be plenty of statistics used. lieve the trade ought to be fair; the rules of trade ought to be fair. ponent of this problem. Every person in Perhaps plenty of them will be useless. Globalization attends to it some re- this institution is spending time rais- But I do want to talk about some trade quirement that we have global rules, ing money when they should be work- statistics today because we are now de- not only global markets. ing on legislation—compromising pub- bating the motion to proceed to the What is happening here, with Japan lic confidence in the Congress by rais- bill that would make normal trade re- and China and, yes, others, is they are ing exorbitant amounts of money to lations with China permanent. selling into our marketplace at a feed the television networks that do I think there are a lot of wonderful record pace in a whole range of areas, not meet their own responsibility in re- things going on in this country. All of yet we are not able to access opportu- porting the news, no less in reducing us should count our blessings that we nities in their marketplace. I wonder the costs. live in a country that is doing so well. how many Americans know what the This is everybody’s problem. The The economy is growing, growing rap- tariff would be on a pound of U.S. beef principal burden of solving it is in this idly; we have unprecedented economic that is shipped to Japan today? Do you Senate. I do not excuse that. The prin- growth and opportunity. It is a great want to ship a T-bone steak that comes cipal burden is here. We should be re- time. Unemployment is down, way from a ranch in North Dakota to quiring free or low-cost television. But down. Inflation is down, way down. Tokyo? What do you think the tariff it is not our problem alone. Everyone Crime is down. Home ownership is up. would be on a T-bone steak going to in America can make a contribution to You could look at all of the data. Tokyo? I will tell you what it is. It is this. And it begins with the networks. Productivity is up, up, way up. All of over 40 percent, a tariff of over 40 per- You have a public license. The air- the data shows that this country is cent on American beef going into waves of the United States belong to doing very well. All of us need to be Japan. That is after we have nego- the American people. In no other de- thankful for that. tiated an agreement with Japan. That mocracy in the world does the cost ap- But there are some storm clouds on shows the failure of our negotiations. A proach what we require for political the horizon in one area, and that is in country that has an $80 billion trade candidates to raise money to use the the area of international trade. And we surplus with us is allowed to have a public airwaves to communicate with should not ignore them. greater than 40-percent tariff on Amer- our own constituents—sold at a profit. This is not about Republicans and ican beef going to them. Obviously, I believe this Senate should require Democrats. It is about a public policy there is something fundamentally the FCC to have the networks offer a area this country must address. If we wrong with the way we negotiate trade reasonable amount of free or reduced- don’t address it in a thoughtful way, agreements. rate advertising to candidates for Fed- we will not continue this kind of eco- We recently negotiated a trade agree- eral office as a matter of law. But until nomic opportunity and growth. ment with China, a big, old country we do, the networks, as a matter of Here is a chart that describes what is with 1.2 billion people. One can’t help public responsibility, need to evaluate happening in trade. This is the mer- but stand on the Great Wall of China how much time they are devoting to chandise trade deficit for this country; and look at those mountains, at the political news so the American people that is, the trade in goods. I have not country, and express wonder at who are informed, recognizing that is the included the trade in services, only the they are and where they have been, only way for democracy to reach sound trade in merchandise goods. This is es- their rich history, and what they will judgments, and to unilaterally meet sentially manufacturing. We elimi- be tomorrow. What an interesting their responsibility and reduce these nated the red ink in the budget. The country. But we have a $72 billion mer- costs unless or until this Congress budget deficits are gone. But the trade chandise trade deficit with China. We takes action. I believe this is the heart deficits are going up, way up. This year just negotiated an agreement that is a of the campaign finance problem. especially. In June, the monthly mer- bad agreement. Let’s take automobiles Mr. President, I thank the Senator chandise trade deficit increased to $36.8 as one example: China has 1.2 billion from North Dakota, once again, for al- billion. The deficit for the first half of potential drivers, as soon as they all lowing me the time. this year was $216 billion. That means reach driving age, and we want to sell I yield the floor. that at the end of this year we will American cars to some of them. So The PRESIDING OFFICER. The Sen- probably have a $430 billion merchan- here is what we said when we nego- ator from North Dakota. dise trade deficit. We are buying from tiated the agreement: This is what we f abroad $1.2 billion a day in goods more will do. You have a $72 billion trade than we are selling abroad, and that surplus with us, or we have a big def- TO AUTHORIZE EXTENSION OF can’t continue forever. icit with you. So we will negotiate a bi- NONDISCRIMINATORY TREAT- With whom are these deficits? Well, lateral agreement with you where we MENT TO THE PEOPLE’S REPUB- for the first half of the year 2000, the will have a 2.5-percent tariff on any LIC OF CHINA—MOTION TO PRO- merchandise deficit that we have with Chinese automobiles you want to send CEED—Continued Mexico is nearly $12 billion; with Can- to us, and we will have a 25-percent Mr. DORGAN. Mr. President, am I ada, $22.6 billion and increasing dra- tariff on any automobiles we send into recognized for 30 minutes by previous matically. With the European Union, it China. In other words, after the nego- consent in postcloture debate? is a dramatic increase from $16 billion tiation is done, we will agree that we

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8045 will accept a tariff imposed by China body around the world with one hand tain a healthy lifestyle and to control that is 10 times higher on U.S. auto- tied behind our back. It was no prob- a disease we may have? mobiles than will be imposed by the lem at all. That was when our trade All of these things are the things United States on vehicles from China. policy was just flat out foreign policy. that interest families who discuss what Ask somebody, how on Earth can The second 25 years, we have seen their lives are like these days and how that happen? Was somebody drinking tougher economic competitors. Coun- they can be improved. heavily while they negotiated? How tries have developed with strong econo- I want to talk about the agenda and can one possibly agree to something mies. They have become shrewd eco- the issues with which we have to deal that is that unfair? I could go on and nomic competitors. Every one of these before this Congress adjourns. Before I on. It will serve no purpose, except to countries have a managed trade econ- do, as a way of introducing that, let me say that these numbers ought to dem- omy in which they say: We will not tell you about a television story that onstrate that while things are doing allow what the United States allows. appeared on KFYR Television in Bis- well in this country and while we are We will not ever allow the kind of run marck, ND, about 2 to 3 weeks ago. blessed with a wonderful economy, up of a trade deficit that the United KFYR Television News did a piece these storm clouds with respect to the States will allow. about my Uncle Harold. My Uncle Har- trade imbalance need to be attended to. We do it because we don’t pay atten- old, from Dickinson, ND, is now 80 We need better trade agreements, and tion to it. We have this philosophy that years old, and he is a runner. There are we need more attention to trade agree- somehow it will all right itself at some not very many 80-year-old runners, so ments that require elements of fair point in the future. It will not right the television news did a story about trade between our country and Japan, itself without action by the Congress him. The story showed him running between us and the Chinese, between us and the administration to say we are down the street, with the gold medals and Europe, and between us and Can- the leaders in free, expanded and fair he has won, and doing various things. ada. trade, and we insist the rules of trade Here is the story about my uncle. Last month, The Wall Street Journal be fair. About 6 or 7 years ago, he and my aunt had a piece ‘‘Will the Trade Gap Lower I come to the floor during this dis- went to the Prairie Rose Games in the Boom?’’ It notes that our trade gap cussion about China PNTR to say that Fargo, ND, where they have events for is now about 4.2 percent of our overall there are other elements, in many everybody in different age brackets. economy, and it goes on to say that: ways bigger issues, to this trade debate They decided to enter the bowling A percentage that high would scare the that we must be attentive to and we event because they bowl. Harold also green eyeshades right off the analysts in must do so soon. saw that they had races for people who many industrialized nations. While there is a lot of good news— are 70 and above, so he decided to enter We don’t hear a whisper about it—not and we will hear a great deal of it dur- one at about age 71. He had never run here, not around the country, very sel- ing the campaigns by Republicans and before, but he decided to enter three dom in the press. This is a very un- Democrats, claiming credit for this, races at the Prairie Rose Games, and usual story. It also says: that, and the other thing—but I hope he won all three easily. He said, ‘‘You know, I never knew I could run like But there is a disaster scenario that . . . we will all claim credit for the respon- gets more likely with each breath that fills sibility to begin solving these prob- that.’’ So he started running. He went the trade deficit balloon. . . . On average, lems. During good times, it seems to to Minnesota to run, and then to South the current account gap hits its limit at 4.2 me, is the opportunity to look down Dakota, and Arizona. percent of GDP, exactly where the U.S. finds the road and see where the storm Pretty soon, Uncle Harold started itself today. . . . Confidence in our economy clouds develop and figure out how to specializing. Now he runs in the 400 could collapse before the rest of the world is respond to them. We must, it seems to meter and 800 meter events. So I have firmly back on its feet. me, decide that it is a significant issue this uncle who just turned 80 running The point is there is something and it is in the interest of all citizens in races all over the country. He now wrong here, and Congress cannot ig- in this country that Congress begin to has 45 gold medals. My aunt thinks he nore it. That is why Senator STEVENS, tackle this issue in a way that reduces has had a stroke. She thinks it is as Senator BYRD, and I created in legisla- these trade deficits, continues to ex- goofy as the devil that this 80-year-old tion a trade deficit review commission. pand our trade opportunities, but puts man is running. Yet he discovered he is It has finished its meetings and is now us on a better footing with our trading the fastest around in his age bracket. developing recommendations to policy- partners. He is going to try out for the Senior makers both in the administration and Mr. DORGAN. Mr. President, I ask Olympics and go one more time. He Congress, on how to deal with this unanimous consent that I may speak took fifth out of 200-some runners the issue. as in morning business. last time. Now that he is 80 and at the I have supported normal trade rela- The PRESIDING OFFICER. Without bottom of a new age bracket, he thinks tions with China in the past. But, the objection, it is so ordered. he will get a gold medal in the Olym- issue for me isn’t shall we make it per- f pics. My uncle is a fisherman, so I manent or not. Shall we have NTR don’t know whether this is true, but he with China? Of course, we should. The SPRINTING TO THE FINISH said he runs the 400 meter race in 79 issue is: Are we going to do something Mr. DORGAN. Mr. President, yester- seconds. I run a little as well. One of about these deficits? Does anybody day I spoke briefly about the agenda these days I will figure out whether I think having a $72 billion deficit with that confronts this Congress in the can run it in 79 seconds. China is normal? Is that a normal next 5 weeks. This is literally a sprint I should mention one other thing trade relationship? Of course, it is not. to the finish. Much of what we will dis- about Uncle Harold. He also golfs, and It is abnormal. It is a perversion. How cuss and debate are the most impor- he is the strangest golfer I have ever about Japan? Is this a normal trade re- tant issues people worry about and are golfed with. I went golfing with my lationship, having an $80 billion deficit talking about around the supper table. uncle a couple of years ago. He takes a with the country of Japan? That is not They talk about the issues that affect bag and only takes four or five clubs. normal. It is abnormal. We, as a coun- them every day: Are our kids going to He hits the ball and, because he is al- try, need to understand and say to good schools? Are we proud of the ways in training for the Senior Olym- China and Japan and others, the Euro- schools we send our kids to? Do I have pics, he sprints on a dead run to the pean Union, that we are all for ex- a good job? Does it provide retirement ball. It is a strange looking thing to panded trade. We have been the leader benefits, insurance, security? Will see a guy who was 78 years old at the in expanding trade. But we are also grandma and grandpa have adequate time hit a ball and go on a dead run to going to be the leader in standing up health care when they have serious find out where it rested and then hit it for our economic interests and demand- health problems? Is our neighborhood a again. In the meantime, my wife and I ing that the rules of trade be fair rules. safe one in which to live? Can we afford were driving a cart, and this 78-year- The first 25 years after the Second the prescription drugs that the doctor old man is sprinting on the golf course. World War we could compete with any- prescribes and says we need to main- I have since decided I should never

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8046 CONGRESSIONAL RECORD — SENATE September 6, 2000 drive a cart when golfing with my where the pharmacy is first because we This is not the fault of Main Street uncle. have to buy our prescription drugs drugstores. The point is, here is this 80-year-old first; only then, will we know how Again, I ask the question—I have guy jogging 3 miles a day, getting much money we have left over to buy asked this many times—is there any- ready to try to qualify to go again to food. one in the Senate who wants to stand the National Senior Olympics. That is Spending on prescription drugs in- up and say: Count me in on supporting pretty remarkable when you think creased 16 percent last year in this these prices; I really believe it is fair about it. Thirty years ago, that would country. Sixteen percent. Some of that and right to charge the American con- not have happened. Usually, when you is increased utilization and some is in- sumer $3.82 for the exact same pill for are 80, you find a chair someplace and creased prices. But too many senior which a Canadian is charged $1.82? Is relax. But these days people are living citizens know they need a prescription there one Senator willing to say this? longer, healthier lives. My uncle, for drug, and they can’t afford it. We need There hasn’t been one in the last six example, is training for the Olympics. to do two things: put on pressure to weeks that I have asked this question. That is the result of a lot of things: bring drug prices down and, No. 2, add If there is not any Senator willing to lifestyle changes, nutrition changes, an affordable, universal, voluntary pre- stand up and say this, then will all of cultural changes, better health care, scription drug benefit to the Medicare them join us to try to change this situ- Medicare. A whole series of things are program. ation so that the American consumer happening in this country that are Mr. President, with your permission, who needs to purchase prescription pretty remarkable. That really all re- I want to show a couple of pill bottles. drugs receives a fair price? lates to the agenda that we have in the I ask unanimous consent to be allowed The amendment that we passed in next 5 weeks in this Congress. to do that. the Senate is now in conference. I am Americans are living longer, living The PRESIDING OFFICER. Without one of the conferees. What we are say- better, at a time when we are so objection, it is so ordered. ing with this legislation is that phar- blessed in this country. We have an Mr. DORGAN. I will speak about the macists and drug wholesalers have the agenda in the Congress that will have prices charged for prescription drugs in same right to reimport prescription an impact on people’s lives. Yes, for my this country versus the prices charged drugs into this country that the drug uncle, but for everybody’s aunts, un- elsewhere in the world for the identical companies already have, provided that cles, brothers, and sisters—the agenda medicine. the imported medications are FDA-ap- of health care and education and other These two bottles are slightly dif- proved and made in FDA-approved things that mean so much to people’s ferent but they contain the same pill. plants. It is very simple. We need to do lives. Both bottles are for a wonderful drug that before this session of Congress Let me talk for a minute about what called Zocor, which is used to lower ends. we need to do and why. First of all, one cholesterol in patients. It is a medica- The prescription drug companies are of the advancements that allows people tion that a lot of people use. I com- working overtime, of course, to kill to live longer and healthier lives is the mend all those who did the research to this provision. They say the issue is increase in the use of prescription create these kind of drugs. But to those safety. It is not. It is profits. That is drugs. There are so many illnesses and who decided the prices that ought to be what the issue is—profits, not safety. diseases for which, 35 years ago when charged for these medications to var- These are pills made in FDA-approved Medicare was developed by this Con- ious citizens around the world, I don’t plants. These are medicines approved gress, there were no medicines. But say good job. by the FDA with a chain of custody now there are miracle drugs, prescrip- Let me describe what has happened. that can be traced from the manufac- tion medicines. We have decided that it In both bottles are the same pill, in turing plant to the drugstores. There is is important to add a prescription drug the same dosage, made by the same no safety issue at all. benefit to the Medicare program. Why? company, perhaps made in the same Adding a prescription drug benefit to Because being able to afford the right manufacturing plant, approved by the the Medicare Program and enacting prescription drugs can allow people to FDA. Once the medicine is approved by legislation that we passed on the floor lead healthier lives and treat illnesses the FDA, the FDA approves the manu- with the bipartisan support of Senator and stay out of a hospital, which is facturing plants, and the company pro- JEFFORDS, Senator GORTON, myself, horribly expensive. It is, in the long duces the drug for sale. This bottle and many others who have worked on run, a bargain for the American people they sent to Canada. They say to the this are two things Congress must do to say let’s have a prescription drug Canadians: Do you want to buy some before adjourning this year. benefit in the Medicare program. Zocor? It will lower your cholesterol. It The other thing we need to do is pass Now, some say, well, we cannot af- is $1.82 per tablet. a Patients’ Bill of Rights. ford it. The fact is that it will cost a This other bottle they sent to Grand I want to talk a few minutes about lot more if we don’t have it. People will Forks or Minot, ND, or anywhere else that today because we have Patients’ get sick and go to hospitals and it will in the U.S. To Americans they say: Do Bill of Rights legislation that is in con- cost more. The issue of affordability you want to buy some Zocor? Well, you ference. applies more to senior citizens than to will have to pay $3.82 per tablet. $1.82 What is the Patients’ Bill of Rights? the Government. The reason we need and $3.82, why the difference? That is This legislation says let’s even up the this benefit is that too many senior something we ought to ask the drug odds a little bit between people who are citizens know they need a medicine, companies. sick and their insurance companies. but they can’t afford to buy it. I have taken a group of senior citi- Let’s even up the odds a little bit. A doctor in Dickinson, ND, testified zens to Canada to a little drugstore in In some cases what has been hap- at a hearing I held in Dickinson. He Emerson, Manitoba. I stood in that pening is that a person’s medical care said he prescribed a drug to a senior one-room pharmacy, and I saw the has become a function of their insur- citizen who had a mastectomy in order prices charged there. I have seen the ance company’s profit. All too often to treat her breast cancer. The doctor prices charged for the same medica- doctors are not the ones making the said to his patient: This is the drug I tions in North Dakota. I know the decision about what kind of care is pro- am going to prescribe for you because drugstores on Main Streets in North vided to a patient. It is an accountant it will reduce the chances of a recur- Dakota are not charging higher prices in some insurance office thousands of rence of your cancer. She said: What because they want to overcharge. They miles away. does it cost? He told her and she said: are simply having to pay the drug com- Yesterday, I mentioned a young boy Doctor, I can’t afford to take that panies an inflated price far above that in Nevada. I want to mention him drug. I will just have to take my which is charged in Canada, England, again because it seems to me that he chances. Germany, Italy, France, and in vir- illustrates, as with so many others, the At every hearing I have held, I have tually every other country in the world problem. A young man named Chris- heard testimony from people who say: because the pharmaceutical manufac- topher Roe died October 12 last year. We go to the back of the grocery store turers impose that charge on them. His mother came to a hearing that

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8047 Senator REID and I co-chaired in Ne- tients’ bill of goods.’’ But the Senate failure since it was enacted in 1996. The vada. He died on October 12, 1999, on his passed it, and the papers wrote exactly promise was: Produce what you want; 16th birthday. The official cause of his what those who supported it had hoped we will sell it overseas and get rid of death was leukemia. But his mother they would: The Senate passed a Pa- the farm program and things will be tells us that the real reason he died tients’ Bill of Rights. better off. was that his health care plan denied Dr. GANSKE, a Republican Member of Since that time, prices have col- him the investigational chemotherapy Congress, said this Senate legislation lapsed and family farmers have had an drug that he needed. He needed a shot, virtually eliminates any meaningful awful time trying to make ends meet. a chance, and the bureaucracy of the remedy for most working Americans In most cases, they are receiving far managed care organization never gave and their families against death and in- less now in real terms than they re- him that chance. They just took for- jury caused by HMOs. ceived during the Great Depression for ever to get to that point. That is not a Democrat speaking. their product. These are not people Christopher Roe died, and Chris- That is a Republican Member of the who are slothful. These are not people topher Roe’s mother came to our hear- U.S. House, Dr. GANSKE. who aren’t being productive. They are ing. She held up a large picture of Let me describe the legal analysis he economic all-stars. They produce in Christopher. She wept as she told us sent around to every Member of the prodigious quantity the food the world about her son who from his sickbed Senate: needs so desperately. Yet the market says: By the way, your food has no looked up at her, and said, ‘‘Mom, I . . . The measure would appear to undo just don’t understand how they could State law remedies for medical injuries value. While people climb trees to pick do this to a kid?’’ Good question? caused by managed care companies treat- leaves to eat in countries around the Christopher died. ment decisions and delays. world where there is not enough food, Or let me share another example. A . . . In the name of patient protection the family farmers driving a 2-ton truck to woman fell off a cliff in the Shen- Senate legislation appears to eliminate virtually any meaningful remedy for most a country elevator are told by the andoah mountains. She was hauled working Americans and their families. grain trader: Your food has no value. into an emergency room unconscious ...A vehicle for protecting managed care Something is wrong with that. What with broken bones. She was treated. companies from various forms of legal liabil- really has no value is the current farm After a difficult period, she survived, ity under current law. program. It doesn’t work. It is long and was then told by her managed care Viewed in this light, the congressional pas- past time to fix it. We are within three organization that they wouldn’t cover sage of the Senate bill would be worse than were Congress to enact no measure at all. or four votes of doing that. I encourage her emergency room treatment be- help from the other side to give us the I raise this because this is not a Dem- cause she didn’t get prior approval. She votes needed to pass a farm program ocrat being critical of a Republican was hauled in on a gurney unconscious, that provides real assistance for family but the managed care organization proposal. It is a Republican Member of farmers. said: You did not get prior approval for Congress saying that the proposal While we are on the subject of free- emergency room treatment. passed by the Senate was worthless, dom, those who wrote the Freedom to That is the kind of thing that is hap- just worthless. Farm bill—I didn’t, and I voted against pening all too often in this country. This is not partisan criticism, it is it—should understand there is some- Or, perhaps a better way to describe Dr. GANSKE, a Republican Member of thing called the freedom to sell. The it is with the story of Ethan Bedrick, a Congress, saying what the majority of freedom to sell means if you want to young boy born with cerebral palsy re- the Senate claimed was a real Patients’ give family farmers the freedom to sulting from a complicated delivery Bill of Rights was worthless. produce whatever, let’s also give them who was told that he had only a 50-per- Now we could, and should, and I hope the freedom to sell their products in cent chance of being able to walk by will pass a real Patients’ Bill of Rights. markets such as Iran, Iraq, Cuba, age 5. The managed care organization There is a commercial being run in a North Korea, and others that have been denied him the therapy he needed be- northeastern State on behalf of a Mem- off limits to them because this country cause they said a 50-percent chance of ber of the Senate who voted for our Pa- has imposed economic sanctions a young boy being able to walk by age tients’ Bill of Rights, the Norwood-Din- against countries whose behavior we 5 was insignificant. They considered it gell Patients’ Bill of Rights that was don’t like. I am fine with economic insignificant that a young boy had a passed on a bipartisan basis by the sanctions. Slap them with sanctions. 50-percent chance of being able to walk House. A Member of the Senate who But don’t ever include food as a part of with the right kind of therapy. voted for that—a Republican; there those sanctions. Using food as a weap- Is there a reason to question those were only a very few—is running a on is unbecoming to this country. A who are making health care decisions commercial paid for by the Republican country as big and as good and as pow- in the sterile offices of managed care Senatorial Campaign Committee that erful and as important as this country organizations 1,000 miles away from says this Senator voted for a real Pa- ought never use food as a weapon. where the doctor is seeing the patient tients’ Bill of Rights—meaning ours. The freedom to sell is a pretty impor- and describing the medical treatment It is fascinating to me that we now tant principle which we ought to care a that is necessary for the patient’s care? have a circumstance where the Repub- bit about. There is an amendment that Yes. That is why I wanted to make this lican Campaign Committee is saying I put in the appropriations bill now in point. that the Patients’ Bill of Rights we conference, and I know there are a cou- We had a debate on patients’ care in proposed was the ‘‘real one.’’ We will ple of House leaders who are intending the Senate a while back. We lost by have more to say about that and have to try to kill that as we get to con- one vote, effectively, because there a more aggressive debate about that in ference. I am hoping with the bipar- were some Members missing. We may the days ahead. tisan support we received in the Senate have turned the tide in the Senate My expectation is that there will be that we will prevail on this issue. based on that vote, in which case the a tie vote when another vote occurs— Finally, one of the other important Presiding Officer may very well have and it will happen again; we fully in- issues we face as we wrap up this Con- broken the tie. But a substitute Pa- tend it to happen again. Fortunately, gress is trying to do something to tients’ Bill of Rights was offered by our we will have a Vice President to break strengthen the education system in our colleague, Senator NICKLES, when we that tie. The Patients’ Bill of Rights country. We have the opportunity to do offered the Patients’ Bill of Rights. issue is very important. that. It is just that we have all of this Dr. GREG GANSKE, a Republican Mem- Let me mention a couple of other bickering back and forth. We have ber of the U.S. House, wrote a letter to issues, and then I will conclude. things that we know need to be done. all of us about that substitute. In fact, We also have a responsibility to deal Everybody here understands that if the local papers described the sub- with the farm crisis and we have not you are in a classroom of 15 people, stitute that the Senate passed as the done so very well. We have a farm bill there is more learning going on than if Patients’ Bill of Rights. It was not a that doesn’t work. The Freedom to there is a classroom with 1 teacher and Patients’ Bill of Rights. It was a ‘‘pa- Farm bill does not work. It has been a 30 kids. Class size matters. We have

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8048 CONGRESSIONAL RECORD — SENATE September 6, 2000 proposals to reduce class size which get decent health care when they are ments in nearly every sector of our will dramatically improve education. sick? Are the neighborhoods safe? Do I economy—agriculture, goods and serv- We also understand you cannot learn have a decent job? Does it pay well? ices. Strong enforcement measures in schools that are in functional dis- Does it have security? All of those are were included which allow us to not repair. No wonder there is disrepair in things that are important to the Amer- only continue use of our strong trade the schools. They were built 50 or 60 ican people. All of those are things remedy laws, but China has agreed to years ago, after World War II, when we they should expect this Congress to ad- allow us to use a tougher safeguard had soldiers coming back, having fami- dress in the coming 5 weeks. standard than our current ‘‘201’’ law lies, and building schools for their chil- I yield the floor. and continued use of tougher anti- dren all across the country. Many of Mr. GRAMS. Mr. President, what is dumping laws. This will help us enforce these schools are still in use today and the order of business pending before the agreement and generally allow us are in desperate need of repair and re- the Senate? to use very tough trade remedy laws to modeling. If anyone doubts that, take a The PRESIDING OFFICER. The Sen- address dumping and import surges. trip to the Ojibwa school on the Turtle ate is debating the motion to proceed U.S. competitiveness will also be pro- Mountain Indian Reservation or the on the permanent normal trade rela- tected since China has dropped its re- Cannon Ball Elementary School, south tions with China. quirement that U.S. companies trans- of Bismarck, ND. Take a look at those Mr. GRAMS. Mr. President, I would fer technology in order to export or in- schools and ask yourself whether those like to talk about my support for H.R. vest in China. Exports to China will no schools need help. 4444, but I just want to respond briefly longer require Chinese components or The third grader who walks through to one comment of the Senator from performance requirements. China will North Dakota, Mr. DORGAN. I think he the classroom door in the Cannon Ball allow competition through imports for was bragging a little bit, maybe, about School ought to be able to expect the the first time. U.S. exporters can sell his uncle who is 80 years old and run- same opportunity for a good education directly rather than using a govern- ning in a marathon. I just congratulate as all kids in this country. Yet these ment distribution system. It has made him. How great that our senior citi- children don’t have the same oppor- commitments on intellectual property zens, because of the advances of medi- tunity. We know that. Yet legislation enforcement as well. cine, can do that. I have a friend retir- to improve and modernize our schools For the first time, China will be sub- ing at the age of 65. He wanted to retire languish in this Senate because some ject to the multilateral trade dis- to spend more time playing golf with people don’t believe it is important, or ciplines of the WTO. Any WTO member his dad. Another is an uncle who was 85 some people believe they cannot do it can enter into the dispute settlement last year who got his first hole-in-one, because if they did, somebody would process with China if China does not Ray Sandey. I just wanted to put that declare victory for a public policy that live up to any of its bilateral commit- into the RECORD and congratulate makes sense. ments. We can still use our trade rem- them on their achievements. Let’s declare victory for a little com- Mrs. LINCOLN. Mr. President, I wish edy laws against China if necessary, mon sense in all of these areas: Edu- to comment on the comments of my and the Administration has tripled re- cation, health care, agriculture. There two colleagues who have spoken about sources to monitor and enforce the are so many areas. The agenda in this the important issues facing our aging U.S.-China WTO accession agreement. Some may say this week that we can Congress is the agenda we establish. If populations in this Nation. They both we are a Congress of underachievers, commented on the 83-year-olds and the continue our annual Jackson-Vanik re- that is our fault, not something we 84-year-olds. I think I have them beat. view of China and still receive the ben- blame on anybody else. My husband’s grandmother will turn efits of the U.S.-China agreement—or I wish I were in the majority here, 103 on the last day of this month. they will say the 1979 U.S.-China Bilat- but I am not. The majority establishes So the issues for the elderly in Ar- eral Agreement will provide the same a schedule; we don’t. I accept that. We kansas are extremely important to us, benefits as the 1999 agreement. They have a right, and insist on the right, a No. 1 priority, and something I hope will claim we need the annual review between now and the 5 weeks when this we will address in the context of a pre- to achieve progress on human rights, Congress wraps up its business, to try scription drug piece for the elderly, as nuclear proliferation and other areas of to bring to the floor of the Senate once well as reauthorizing the Older Ameri- differences we have with China. How- again a real Patients’ Bill of Rights cans Act, not to mention the impor- ever, virtually none of the concessions and have another vote. We have a right tance of solidifying and preserving So- achieved in the 1999 agreement are cov- to try to push these policies to get cial Security and Medicare. ered in the 1979 agreement. And we will them done. We have a right to try to not receive the benefits under the 1999 f push education policies that we think agreement if we do not grant China will enhance and improve education in TO AUTHORIZE EXTENSION OF PNTR. The annual review is not re- this country. We have a right to try to NONDISCRIMINATORY TREAT- sponsible for the progress we have push policies that say we want to add a MENT TO THE PEOPLE’S REPUB- made in China—so it is time to end it. prescription drug benefit to the Medi- LIC OF CHINA—MOTION TO PRO- Let’s examine what PNTR will mean care program. We have a right to insist CEED—Continued to U.S. farmers and workers. A Gold- that the American consumer pay prices Mr. GRAMS. Mr. President, I rise in man Sachs estimate indicates U.S. ex- for prescription drugs that are fair— strong support of H.R. 4444, which ports to China will increase by $14 bil- not the highest prices of anyone in the grants permanent normal trade rela- lion per year by 2005. In 1998, U.S. ex- entire world. tions—PNTR—to China. We should ports to China exceeded $14 billion, We have a right to address all of have passed this in early June, and I which supported over 200,000 high-wage those issues, and we should. There is deeply regret the delay and hope we American jobs. Therefore, exports will time. It is just a matter of will. Will can expedite the House bill without more than quadruple by 2005—and the the Members of the Senate who do the amendments. potential is enormous as China con- scheduling, who plan the agenda, ex- I believe this is a no brainer. China tinues to grow in the future. USDA hibit the will to do what is right in the negotiated a WTO accession agreement projects China will account for over final 5 weeks and pass this kind of leg- with the United States—an agreement one-third of the growth in U.S. ag ex- islation? in which China has committed to imports in the next ten years. It will As I said when I started, when people prove market access for most U.S. spend over $750 billion for new infra- sit down at the dinner table and talk products and services to China. In ex- structure projects. about their lives, they are talking change, the one thing we are required Since the benefits for Minnesota my about things that matter to them. All to grant them is PNTR—the same home state are particularly important of the things I have talked about are treatment all WTO members afford to me, I want to use that as a ref- things that matter to them: Are our each other. erence, but I think it represents other kids going to good schools? Do grandpa The U.S.-China WTO agreement is a States and their opportunities as well. and grandma have the opportunity to good one. China has made commit- Minnesota’s exports to China in 1998

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8049 tripled the 1996 volume. China is now short-term positive results. And the lies survive. They believe China’s entry Minnesota’s 12th largest export des- best benefit will be the longer term into the WTO will help it enforce and tination, up from 22nd in 1993. We are prospects. It is important to continue improve its own laws, and that oppos- now exporting 25 product groups com- building commercial relationships for ing PNTR undermines China’s efforts pared to 21 in 1993. There are many the future in order to reap those to improve its labor rights. They con- farmers and workers who will benefit longer-term benefits. If we are not cluded by stating: from the projected growth in agri- there early on, we may miss out on im- Whoever may benefit from a sanctions ap- culture and infrastructure project sales portant future gains. As China develops proach to trade with China, it will certainly in China. and more of its citizens improve their not be Chinese workers or their children. Overall, America’s farmers will pros- earning power, they will demand more You will also hear claims that the per with an end to corn export sub- food products, goods and services. U.S. is being flooded with products sidies, increased corn and wheat PNTR will allow U.S. firms the oppor- made by Chinese forced labor. Both our quotas, reduced tariffs from an average tunity to compete for their business. trade laws and the WTO prohibit of 31 percent to 14 percent with greater I would now like to address some of forced-labor imports, and the U.S. Cus- decreases on soybeans, beef, pork, poul- the concerns of our labor union friends toms Service vigorously enforces our try, cheese, and ice cream. For exam- who believe PNTR will result in huge law. ple, my home State of Minnesota is the job losses in the U.S. That is curious to Union leaders also talk about PNTR third largest soybean producer in the me since the U.S.-China WTO accession as a reward to China, yet it is hard to courtry, and China is the largest agreement is one sided. Union leaders see how the bilateral agreements nego- growth market for soybean products. cite an Economic Policy Institute— tiated by China to enter the WTO are a Minnesota is the fourth largest feed EPI—study alleging at least 872,091 reward. Many, many concessions were corn producer, and the tariff-rate quota jobs will be lost between 1999 and 2010, made, and those commitments are for corn will expand by 2004. China con- but the EPI study assumes every Chi- binding and will be vigorously enforced sumes more pork than any other coun- nese import displaces domestic produc- bilaterally and through the WTO. try and will lower its pork tariffs and tion. However, a CATO analysis shows I hope union members, who will ben- accept USDA certification. This is a most of our imports from China sub- efit from the U.S.-China WTO agree- huge boon for Minnesota pork pro- stitute for imports from other coun- ment, will listen to their elder states- ducers. Cheese tariffs will be reduced tries or are inputs used in the U.S. to man Leonard Woodcock, who stated re- from 50 percent to 12 percent, which produce final U.S. products. If a rising cently: will benefit Minnesota dairy farmers. trade deficit causes job losses, why are I have been startled by organized labor’s vociferous negative reaction to this agree- Potato product tariffs will also be cut our unemployment rates the lowest ment . . . in this instance, I think our labor in half benefiting Minnesota’s potato they have been in 30 years? leaders have got it wrong. . . . American farmers and processors. Vegetable pro- The Institute for International Eco- labor has a tremendous interest in China’s ducers will see their tariffs drop up to nomics also indicates that most of the trading on fair terms with the U.S. The 60 percent by 2004. And fertilizer and growth of the U.S.-China trade imbal- agreement we signed with China this past all ag products can now be distributed ance is due to China taking market November marks the largest single step ever without going through a Chinese mid- share from other East Asian economies taken toward achieving that goal. dleman. rather than from U.S. producers. In my State of Minnesota, Governor Tariff reductions will help other Min- The bilateral agreement includes Jesse Ventura, in his March testimony nesota workers export more in the greater protections against unfair im- before the Ways and Means Committee, areas of ag equipment, forest products, ports than we currently have and it also sent union leaders a message. The medical equipment, scientific, and will eliminate many Chinese practices Governor said: measuring instruments, computers, that have helped it stimulate its own They (unions) better modernize themselves pumps, machinery of all kinds and en- exports as well as forcing many U.S. and realize that opening up China to our vironmental technology equipment. companies to invest in China. Any trade is going to create more jobs here.... PNTR will open markets for our bank- ‘‘giant sucking sound’’ we may have I have spoken to union members and ing, insurance, telecommunications seen in the past will be reversed under others who are also concerned about and software services. In fact, the Coa- the U.S.-China WTO agreement. China labor and environmental practices in lition of Service Industries states: will be forced to abandon many of its China. While China, as a developing It will enable U.S. service industries to policies which did force or encourage country, has a way to go on these begin to operate in one of the world’s most U.S. companies to invest there. The issues, they certainly have made some important—and until now, most restricted— agreement will grow U.S. jobs by al- progress as well. And I am proud that markets in the world. lowing us to export more of our prod- American companies investing in Minnesota’s largest exports to China ucts from the U.S. rather than selling China have created better jobs, higher now are industrial machinery, com- through U.S. investments in China. wages and better working conditions puters, and food products. And exports Union leaders also speculate that and have begun to serve as a model for from small- and medium-sized busi- U.S. companies want to shift produc- their Chinese counterparts. Many U.S. nesses will expand. Right now Min- tion to China to take advantage of companies have ‘‘best practices’’ of en- nesota exports 55 percent of its total labor rates ‘‘as low as 13 cents an vironmental, health, and safety stand- exports to China from small and me- hour.’’ The average production worker ards which provide good job opportuni- dium businesses. Crystal Fresh, Amer- wage at U.S. companies in China is $4 ties for many Chinese citizens. Hous- ican Medical Systems, Inc., Image an hour and $9.25 for higher skilled ing, meals, insurance, and medical care Sensing Systems, Inc., Minnesota Wire workers. The World Bank indicates av- are often included in their employ- & Cable, ADC Telecommunications, erage Chinese wages grew by 343 per- ment. Brustuen International, and Auto Tech cent between 1987 and 1997, mainly due Here is what a Chinese employee of International are among Minnesota’s to China’s engagement with other one American company in Shanghai smaller companies with success stories countries. I believe approving PNTR stated: to tell. Their China markets are ex- and allowing more trade with China I, a common girl, with no power and no panding, and the 1999 agreement will would continue the trend toward high- money, could hardly imagine all these things could be done several years ago . . . don’t let only increase their potential. Of course er wages for Chinese workers. the friendship become cool (U.S.-China). we have long-time exporters such as A group of 12 academicians recently Many of the Chinese people are longing for Honeywell, 3M, Cargill, Pillsbury, Land commented on China’s low wages and knowledge, techniques and culture from O’Lakes, and many others who will be stated that PNTR would help improve western countries, especially U.S. able to expand their exports to China China’s labor standards. They dis- An employee of another American as well. cussed China’s poverty as the main rea- firm in China stated: You have heard that the 1999 agree- son for low wages and often poor work- . . . when our local company merged two ment will not produce overnight re- ing conditions. They concluded child years ago, my salary was increased five or sults, but I believe it will produce some labor often is necessary to help fami- six times . . .

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8050 CONGRESSIONAL RECORD — SENATE September 6, 2000 Another worker said: using our improved trade relationship tions, and PNTR doesn’t force us to After I joined the company, my family’s as a way to make progress on our dif- give up anything. I urge my colleagues life and living standard improved, I have ferences with China. to oppose all amendments offered in an some deposit in the bank and bought a new Many human rights activists support attempt to either slow down or kill apartment which is big enough for my fam- China PNTR. Former political prisoner PNTR. While the amendments point ily. Fu Shenqi says: out problem areas we have with China, You will hear a lot during this debate I unquestionably support the (view that these matters should be, and are, ad- about how we are pandering to U.S. NTR and the human rights question be sepa- dressed separately in high-level con- companies who want to trade with rated because) the annual argument over tact between our two countries. I ad- China, ignoring all of our concerns NTR renewal exerts no genuine pressure on dress them as well in contact I have with China. However, as noted pre- the Chinese communists and performs abso- with Chinese officials. viously, there are many examples of lutely no role in compelling them to improve Particularly, I urge you to oppose how American companies are helping the human rights situation . . . the Thompson-Torricelli amendment. Chinese citizens improve their lives, The China Democracy Party, founded While I will have a much longer state- and as China privatizes more of its two years ago, issued a statement in- ment once that amendment is offered, I state-owned industries, the new owners cluding: will only say now that this amendment will look to our companies as an exam- . . . We declare hereby to support the Un- in any form will drive a wedge through ple of how to succeed. I strongly be- conditional PNTR to China by the U.S. gov- our efforts to improve our relationship lieve American companies care about ernment. with China. It will foster a relationship their employees and that they do not Zhou Yang, Executive director of the of mistrust that will not help us im- invest abroad to exploit local workers China Democracy and Freedom Alli- prove China’s proliferation record or and ruin the environment. I believe ance, states: its record on any other differences. The American companies help bring about Granting PNTR to China is a positive force amendment is counterproductive. The positive changes in China and other na- in promoting China’s recognition of world amendment will not accomplish its tions, and the exposure to Western human rights and in improving the human goal of reducing proliferation, and it ideals and values they bring to China rights situation of the Chinese people. will create hostility between our coun- includes a better work experience for Noted Chinese human rights activist tries. As Henry Kissinger stated: those they hire. In fact, American com- Bao Tong was more direct, saying: If hostility to China were to become a per- panies are taking their responsibility ‘‘Pass permanent normal trade rela- manent aspect of our foreign policy, we seriously by setting up programs in tions with China . . .’’ and adding, would find no allies. Nationalism would ac- their Chinese subsidiaries addressing ‘‘But in the U.S., the ‘Seattle coalition celerate throughout the region. Just as . . . have combined their lobbying fire- American prestige grew with the opening to issues from fair labor practices and en- China, most Asian nations would blame vironmental standards to community power to oppose the move (PNTR). America for generating an unwanted cold involvement. From here in China, their intellectual war with Beijing. For those concerned about human counterparts are looking on in dismay This amendment will force us on the rights, I again ask why they believe . . . it doesn’t make sense to use trade path of a cold war most of us never human rights would be aided by iso- as a lever. It just doesn’t work.’’ There want to see again. Also, there have lating ourselves from China. Maintain- are many others with similar advice. been so many drafts of this amending relationships with the Chinese peo- Included in the definition of human ment, I am not sure any of us will real- ple through trade and other contact I rights is religious persecution. While ly know what we are voting on. An believe is the best way to help the Chi- religious leaders remain concerned amendment as controversial as this nese people help themselves. They are about the recent report from the U.S. one deserves to go through the usual the ones who will promote changes International Religious Freedom Com- congressional committee process, and from within that will improve their mission, which points out China has a not be offered in a highly politicized lives. Even Martin Lee, the Chairman long way to go toward religious free- matter on the Senate floor. of the Democratic Party of Hong Kong, dom, they point to progress as well. A There has been progress with China who has long fought for human rights letter signed by 13 religious organiza- and proliferation, human rights and in China, recently stated: tions concluded: other issues. Let’s work with China to- The participation of China in the WTO Change will not occur overnight in China. ward further progress—and use the would not only have economic and political Nor can it be imposed from outside. Rather, laws we already have, if necessary, to benefits, but would also serve to bolster change will occur gradually, and it will be address lack of progress. Above all, inspired and shaped by the aspirations, cul- those in China who understand that the let’s not use trade as a weapon. Let’s country must embrace the rule of law. ture and history of the Chinese people. We on pass PNTR to provide our workers and The Dalai Lama, also long critical of the outside can help advance religious freedom and human rights best through policies farmers the benefits of the U.S.-China China’s human rights practices, espe- of normal trade, exchange and engagement WTO agreement. This should be one of cially in Tibet, states: for the mutual benefit of peoples of faith, the easiest trade votes we will ever Joining the World Trade Organization, I scholars, workers and businesses. Enacting take. Let’s vote on H.R. 4444 without think, is one way (for China) to change in permanent normal trade relations with amendment now—this week—not 2 the right direction . . . I think it is a posi- China is the next, most important legislative tive development. weeks from now. step that Congress can take to help in this Mr. President, I yield the floor. Some believe granting PNTR will process. The PRESIDING OFFICER (Mr. help promote hardliners in China’s As you know, the House has attached BURNS). The Senator from Arkansas. leadership. However, a Washington a Commission on China to PNTR, Mrs. LINCOLN. Mr. President, I, too, Post story earlier this year noted that which would monitor human rights am here to speak on the issue of per- China analysts have found hardliners, progress with an annual report. It manent normal trade relations with including PLA officials, worrying that would set a U.S. objective to work to China. WTO membership will privatize more create a WTO mechanism to measure In order to be successful in today’s of China’s economy and import more compliance, and requires an annual global economy, every industry must western ideas about management and USTR report on the PRC’s compliance market its products overseas. And in civil society which they see as a threat with the 1999 agreement and also au- order for the United States to continue to those who want to ensure the lon- thorizes additional staff to monitor the unprecedented economic growth we gevity of the one-party Communist China’s compliance. It also includes have seen during the last few years, we state. sense-of-the-Congress language that must adopt policies that open inter- The U.S. should be part of this, China and Taiwan should enter the national markets for farmers, small through the granting of PNTR. While WTO at the same time. businesses, manufacturers and service China will become a member of the The bottom line is PNTR is easy. industries. WTO with or without us, I would cer- China had to do all the heavy lifting. On November 15 of last year, our tainly prefer the U.S. have a part in We gave up noting in these negotia- Government successfully negotiated an

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8051 historic trade agreement with the Peo- equipment will decrease from an aver- I yield the floor and suggest the ab- ple’s Republic of China that will bring age of 13 percent to zero by the year sence of a quorum. China into the World Trade Organiza- 2005. The PRESIDING OFFICER. The tion. The potential impact of this ar- In exchange, the U.S. gives up noth- clerk will call the roll. rangement cannot be overstated. China ing; our trade policies remain the The assistant legislative clerk pro- is home to one-fifth of the world’s pop- same. The economic reasons make so ceeded to call the roll. ulation and is growing by 7 percent much sense and are themselves a very Mr. FEINGOLD. Mr. President, I ask each year. Access to China’s enormous powerful reason for passage of PNTR. unanimous consent that the order for population will help sustain American But the opportunity we have as a na- the quorum call be rescinded. economic growth. tion to make an impact on the human- The PRESIDING OFFICER. Without But before the United States and Ar- ity of China only exists if we are en- objection, it is so ordered. kansas can reap the full benefits of this gaged with the country and its people. Mr. FEINGOLD. I rise today, Mr. agreement, Congress must vote to We cannot build a relationship that is President, to express my opposition to granting permanent normal trade rela- grant China Permanent Normal Trade effective if we turn our backs on China tions to the People’s Republic of China. and isolate them. Relations status. The WTO requires The recent history of U.S.-China re- Is China a perfect country? No. that its members extend normal trade lations has been a study in self-delu- I too share the concerns about relations to all other members. sion. The administration and this Con- There is a lot at stake depending on human rights abuses in China and be- gress do not lack for evidence or infor- whether or not the United States lieve that a greater international pres- mation about the nature of the Chinese grants PNTR to China. Since February, ence in the country, fostered by free government. But I am afraid the siren I have been urging the Senate leader- trade, will help to improve the lives of song of vast Chinese markets has deaf- Chinese workers and citizens. WTO ship to bring this issue up for a vote as ened too many ears to the news of op- membership will strengthen the forces soon as possible. I had hoped that we pression and abuse inside China. Too would approve this legislation prior to of reform inside China by exposing the often, the U.S. has chosen to ignore the the August recess, but nevertheless, I Chinese to better paying jobs, and realities before us and, as in this trade am anxious to finish work on this bill higher labor and environmental stand- debate, has engaged in political and in- as soon as possible and get it on the ards. tellectual contortions to compartmen- President’s desk for signature. There Finally, permanent normal trade re- talize and seal off a host of important are so many things at stake. We must lations with China will force the Chi- issues so that the promise of vast prof- not lose this opportunity. nese to play by the rules in the inter- its can stand alone and unencumbered. China will join the WTO regardless of national marketplace. But I urge my colleagues to remem- the congressional decision on PNTR, so Only under this agreement with their ber today—the mythological sirens’ a decision to deny this new status to accession into the WTO will we have song served to lure sailors onto the China will only give China license to the proper recourse to be able to ques- rocks that crushed their ships. And re- keep its markets closed to U.S. serv- tion their practices. fusing to look at the whole picture of ices and agriculture, and to keep its The WTO’s dispute settlement sys- U.S.-China relations in the single- high tariffs in place on U.S. goods and tem will force China to explain its ac- minded pursuit of trade is, I submit, services while opening it up to all tions if other member countries ques- both foolish and dangerous. I fear that other WTO members. tion them. In addition, the WTO’s this country will find its policy in All sectors of our economy, espe- trade policy review mechanism will shambles unless we force ourselves to cially agriculture, will benefit from in- allow all other members to review a see the facts before us. creased trade with China. Likewise, all country’s entire trade system. This The fact is that China continues to sectors of our economy will suffer if we type of scrutiny of China is virtually be one of the most oppressive states in don’t trade with China. Chinese acces- unprecedented in history. the world. sion into the WTO could mean $2 bil- If we do not approve PNTR status for The State Department acknowledges lion more a year in national agricul- China, the missed opportunities will be that the human rights situation in tural exports to China by the year 2005. tremendous, not to mention the devas- China has deteriorated over the past On U.S. priority agricultural prod- tation it could have on our strong year—a year in which the U.S. has ex- ucts, tariffs will drop from an average economy today. Our producers and intended normal trade relations with of 31 percent to 14 percent. China will dustries will not be in a position to China, casting doubt on the claims also expand access for bulk agricul- openly access the 1.3 billion people who that trade will lead to greater openness tural products, permit private trade in live in China. The United States will and therefore greater civil and polit- these products, and eliminate export not have the ability to challenge Chi- ical rights in China. subsidies. In my home State of Arkan- na’s trade practices or demand better The list of abuses committed by the sas, rice, poultry, soybean and cotton human rights practices. In short, the Chinese government is so lengthy, so producers will stand to reap enormous United States stands to gain enor- encompassing, as to be numbing. Thou- benefits from opening markets with mously if we grant PNTR status to sands of political prisoners remain in China, including lower tariffs and in- China, and we stand to lose enormously prison—many sentenced after unfair creased trade. For instance, under its if we do not. trials or no trial at all. Torture is regu- WTO accession agreement, China will Certainly once China does enter the larly used to extract ‘‘confessions’’ cut tariffs on rice to 1 percent. Also, WTO, there will still be many chal- from detainees. Authorities continue China is already the second leading lenges ahead for all of us, but congres- to use the brutal laogai system of ‘‘re- market for U.S. poultry exports. If sional approval of PNTR for China is a education through labor’’ to detain dis- Congress approves PNTR status, it will critical first step. It means so much to sidents and others deemed dangerous cut tariffs in half from 20 percent to 10 this Nation and to my home State of to this paranoid state. Religious free- percent by the year 2004 for frozen Arkansas. We must take this first step dom does not exist in China; from glob- poultry cuts. in passage of a good, clean PNTR bill al faiths like Catholicism to more ob- In addition to the agricultural in the Senate. Having China in the scure sects, the leadership in Beijing changes, China’s tariffs on American WTO is a good deal for Arkansas and a has sought to force its will and its industrial goods will fall from an aver- good deal for this Nation. agenda on spirituality. Nowhere is this age of about 25 percent to less than 10 I encourage my colleagues to approve more egregious than in Tibet, where percent within 5 years. Industries in- the House-passed bill granting perma- thousands of monks and nuns still are cluding telecommunications, banking, nent normal trading relations with arbitrarily detained, where something insurance, reinsurance, and pensions China—soon, not later—and that we termed ‘‘patriotic education’’ is forced will all gain expanded market access. send it to the President to be con- on Tibetans at their monasteries, In information technology, tariffs on firmed so we can continue building a where individuals have been arrested products such as computers, semi- relationship which will benefit both and sentenced to imprisonment for ac- conductors and all Internet-related countries. tivities such as displaying the banned

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8052 CONGRESSIONAL RECORD — SENATE September 6, 2000 Tibetan flag, where an entire culture is ever’’ to win this fight—including an $8 legislation. There can be no doubt that at risk. And forced abortion and forced million advertising campaign. The Philip Morris has an interest in PNTR. sterilization are realities in the PRC. ‘‘costliest legislative campaign ever’’ China is a huge untapped market for The Chinese government has waged a by corporate America—now that’s say- cigarettes. So Philip Morris’s soft campaign to destroy all sources of dis- ing something. money contributions open the doors for sent. Leading members of the China As we know, corporations typically its lobbyists on this issue, just as they Democracy Party have been sentenced spend the most in the political money open the doors for its anti-tobacco con- to lengthy prison terms for ‘‘conspiring game, and often win as a result. And it trol arguments. to subvert state power.’’ Activists in looks like PNTR will be no exception, Everyone knows that PNTR is the Xinjiang have been the target of a cam- Mr. President. very top legislative priority for the paign of arrests, substandard trials, For example, take the Business business community in this country. and executions. Leaders of laborers and Roundtable, a well-known business co- There is absolutely no dispute about peasants daring to call for worker’s alition eager to get this bill passed. that. The lobbying effort has been ex- rights are detained. Expression, in vir- The Center for Responsive Politics’ traordinary. And Philip Morris’s legis- tually all of its forms, is restricted. May 24th report put the collective con- lative and lobbying muscle, supported The government of China has zealously tributions of Business Roundtable by their huge campaign contributions, launched into a campaign to monitor members at $58 million in soft money, have been put at the service of that and control content on the internet. PAC money and individual contribu- priority, as well as of its own particular interest in tobacco legislation. According to Human Rights Watch, tions so far in the election cycle. And Mr. President, corporations such as that is in addition to the Roundtable’s ‘‘last fall, local newspapers and maga- Philip Morris, and the other members $10 million dollar advertising campaign zines were put under Communist Party of the Business Roundtable pay to to push PNTR, according to the Center. control. And the State Press and Publi- play—they get visibility in the debate, Business Roundtable members are cations Administration banned foreign and they get their voices heard loud corporations like Boeing, Philip Mor- investment in wholesale book publica- and clear. The shape of the PNTR de- ris, UPS and Citigroup. These are tion and distribution, and limited the bate so far is exactly what we should heavy hitters who regularly write right to distribute textbooks, political expect from a campaign finance system checks to the political parties for documents, and the writing of China’s that is rigged to value money above all leaders to a handful of enterprises.’’ $50,000, $100,000, even a quarter million else. My colleagues, this is the state that dollars. These companies have to ante So it is clear that some people do seems so promising to the supporters of up to stay in the game, Mr. President— stand to gain from PNTR and China’s PNTR. This is the China with which we PNTR is a high stakes game, and the accession to the World Trade Organiza- are urged to engage. This is to be our ante is bigger than ever. tion. But I think that camp has vastly full partner. I will quickly run down the soft overstated its case. These forces, which That very abbreviated list of abuses money contributions of these compa- have paid to pipe the siren song into sounds awfully bad, doesn’t it? But the nies, Mr. President. These are huge the halls of the Senate for months now, Administration’s material on PNTR numbers, and they are just through the claim, for example, that America’s sounds so good. It is full of promises first 15 months of this election cycle: farmers will benefit greatly from and optimism. How, I wonder, do they Boeing has given more than $465,000 in PNTR for China. They wave impressive imagine getting from here to there—to soft money through the first 15 months graphs, they promise access to vast that promised land in which our rela- of the election cycle, including 10 con- markets. But I for one, as a Senator tionship with China is all about good tributions of $25,000 or more. from a very important agriculture news and profits? UPS, its subsidiaries and executives state, am not convinced that those I would suggest that the influence of have given more than $960,000 in soft claims are more than just empty prom- money in politics goes a long way to- money through March 31st of the cur- ises. China’s Vice Minister of Trade has ward explaining the peculiar nature of rent cycle. That includes two contribu- already noted publicly that market- this debate and U.S. policy toward tions of a quarter million dollars. opening promises for U.S. wheat ex- China more broadly. Citigroup, its subsidiaries and execu- porters are only a theoretical oppor- The push for PNTR legislation is one tives gave more than one million dol- tunity—not an actual one. The fact is of the most expensive lobbying cam- lars in soft money through the first 15 that China’s promises to import more paigns in history. Business interests months of this election cycle, includ- agricultural products conflict with in- are pitted against labor unions, as they ing six contributions of $50,000 or more. ternal Chinese political and cultural make PAC and soft money contribu- And of course who could forget Philip dynamics—dynamics that are affected tions, and wage huge lobbying cam- Morris, Mr. President? Long known as by longstanding fears about depend- paigns on television and in the halls of the granddaddy of political donors, ence on foreign food and by employ- Congress. So before we go any further Philip Morris and its subsidiaries have ment-creation imperatives. China has with this legislation, I would like to given more than $1.2 million in soft produced a glut of agricultural goods Call the Bankroll on the PNTR issue, money through March 31st of the elec- for years. Beijing now has massive to give my colleagues and the public an tion cycle, including more than eight stockpiles and a three-to-one ratio of idea of the spending spree that has donations of $100,000 or more. exports to imports. Chinese prices will gone on to lobby us on this bill. Since I’ve mentioned Philip Morris’ likely continue to be lower than Amer- Labor unions have donated heavily to contributions here, let me take a mo- ican ones for years. I am not convinced the parties as they have fought against ment to discuss the impact of contribu- that there is a big pay-off in store for Permanent Normal Trade Relations tions of large multinational corpora- American agriculture. with China. The Center for Responsive tions with many legislative interests. Ask Wisconsin’s ginseng growers Politics estimates labor’s overall soft Some might argue that is unfair to about the Chinese commitment to rule- money, PAC and individual contribu- mention Philip Morris in this calling of governed trade. They will tell you that tions at roughly $31 million so far in the bankroll because its main interest the Chinese have continued to mislabel this election cycle in a May 24th re- is tobacco legislation. their ginseng as ‘‘Wisconsin-grown gin- port. In particular, the AFL–CIO and That is exactly the beauty of soft seng.’’ As a result of this misleading its affiliates, which have campaigned money contributions from the point of practice, the price paid to actual hard against PNTR, have given $60,000 view of the corporate donor. They buy American ginseng farmers has steadily in soft money through the first 15 access for the company that makes declined. Recent press reports even months of this election cycle. them. They aren’t payment for a par- suggest that the Chinese are now And then there’s the other side of the ticular piece of legislation. No, they smuggling ginseng containing dan- debate. On the side of PNTR we find are more powerful than that because gerously high levels of harmful pes- corporate America, which, according to they are so large, and so sought after ticides and chemicals into U.S.—again a New York Times report, engaged in by the parties. They further the inter- inaccurately labeled as Wisconsin gin- its ‘‘costliest legislative campaign ests of that company on all pieces of seng.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8053 I concede, Mr. President, that profits The PRESIDING OFFICER (Mr. raised gasoline taxes. But we did. We are within the reach of some. And I SMITH of New Hampshire). Without ob- cut spending $250 billion. The taxes recognize that the business community jection, it is so ordered. that were supposed to be $250 billion is responsible to its shareholders. Seek- Mr. HOLLINGS. Mr. President, in are now up to $370 billion. Then we cut ing profitable opportunities is their making opening comments relative to some taxes very minimally. We re- very purpose, and there is nothing permanent normal trade relations with duced the size of government by some wrong with that. But this Senate is re- China, I feel compelled to sort of qual- 377,000 Federal employees. sponsible to all of the citizens of the ify as a witness in that we have over They have the new economy. But the United States, to the core values of the years in these particular debates new economy has a private side and a this country, and to future generations about international trade made very public side. The private side is doing of Americans. And the United States of little progress, whether with Demo- extremely well. High employment, low America does not stand only for profit. cratic administrations or Republican unemployment, low interest rates, Even if I were convinced that Perma- administrations. booming economy, booming stock mar- nent Normal Trade relations with My rising in opposition and my ket, strong bank system—but the pub- China and Beijing’s accession to the amendments will be to the thrust of lic side is almost a disaster. I say that WTO would bring significant new eco- not having permanent and not having advisedly. The reason I say it is so nomic opportunities to a large number normal trade relations with anybody that, for one thing, they are talking of Americans—and I am not convinced because our normal trade relations are surplus, surplus. Everywhere, someone of this fact—I still believe it is my re- a $350 billion to $400 billion trade def- cries ‘‘surplus.’’ sponsibility to weigh that factor icit which is destroying the middle The public debt to the penny accord- against others—including the fact that class in our society, weakening our de- ing to the U.S. Treasury Department the Chinese government’s human mocracy, and diminishing our influ- shows that, as of September 1, the debt rights record is unquestionably appall- ence in world affairs. With all of the is $5.676 trillion. At the beginning of ing. I still believe that certain eco- pep talk about the wonderful economy, the fiscal year of September 30, 1999, it nomic gains are not worth their moral we are actually, on this particular was $5.656 trillion. price. I still believe that the prosperity score, in tremendous decline. I ask unanimous consent to have this we all seek for our great country I say ‘‘as a witness’’ in a sense be- printed in the RECORD. should never be a prosperity that also cause I can remember when southern There being no objection, the mate- brings shame. Governors started computing. People rial was ordered to be printed in the But de-linking trade from human up in New Hampshire and other places RECORD, as follows: rights and prohibiting an annual de- say that they are from down south and bate on this issue suggests that I do that they are blind protectionists; they THE PUBLIC DEBT TO THE PENNY not have the right to weigh these fac- do not understand the importance of Amount tors, that I cannot consider the total- manufacturing and international trade ity of U.S.-Chinese bilateral relations and exports. So I hearken back to the 9/01/2000 ...... $5,676,516,679,692.56 Prior months: when matters of trade arise. Appar- day when I represented the northern 8/31/2000 ...... 5,677,822,307,077.83 ently, we are all simply supposed to textile industry from New Hampshire 7/31/2000 ...... 5,658,807,449,906.68 6/30/2000 ...... 5,685,938,087,296.66 follow the music. as well as the southern textile indus- 5/31/2000 ...... 5,647,169,888,532.25 I argue that to compartmentalize our try. I appeared before the old Inter- 4/28/2000 ...... 5,685,108,228,594.76 3/31/2000 ...... 5,773,391,634,682.91 national values is to cordon off our na- national Tariff Commission. Who ran 2/29/2000 ...... 5,735,333,348,132.58 tional identity, to subordinate what we me around the room? None other than 1/31/2000 ...... 5,711,285,168,951.46 stand for so completely that it no 12/31/1999 ...... 5,776,091,314,225.33 Tom Dewey. This was back in 1960. The 11/30/1999 ...... 5,693,600,157,029.08 longer affects how we behave. That is subject was textiles—that 10 percent of 10/29/1999 ...... 5,679,726,662,904.06 dangerous. I think it is an abdication Prior fiscal years: the American consumption of textiles 9/30/1999 ...... 5,656,270,901,615.43 of the responsibility I accepted when I in clothing was represented in imports, 9/30/1998 ...... 5,526,193,008,897.62 took this office. 9/30/1997 ...... 5,413,146,011,397.34 and if this continued at the pace that 9/30/1996 ...... 5,224,810,939,135.73 So apart from the question—and it is it was going, before long we would be 9/29/1995 ...... 4,973,982,900,709.39 a good question, a question not an- 9/30/1994 ...... 4,692,749,910,013.32 out of business. 9/30/1993 ...... 4,411,488,883,139.38 swered nearly so easily as the Adminis- By the way, they told me at that par- 9/30/1992 ...... 4,064,620,655,521.66 tration would like—of whether or not a ticular hearing: Governor, what do you 9/30/1991 ...... 3,665,303,351,697.03 significant number of Americans will 9/28/1990 ...... 3,233,313,451,777.25 expect? For those emerging Third 9/29/1989 ...... 2,857,430,960,187.32 reap economic benefits from PNTR for World countries in the Pacific rim and 9/30/1988 ...... 2,602,337,712,041.16 China—and apart from legitimate ques- 9/30/1987 ...... 2,350,276,890,953.00 everywhere else, what do you expect tions grounded in the historical record Source: Bureau of the Public Debt. them to make? Let them make the about whether or not China will stick shoes and the clothing, and we will Mr. HOLLINGS. Mr. President, that to its trade-related commitments— make the computers and the airplanes. shows that the debt has increased $20 apart from these issues, we are debat- Fast forward 40 years: They are mak- billion—no surplus. They don’t want to ing whether or not to draw a sharp, im- ing the shoes. They are making the say where they get the surplus from. I penetrable division between one of our clothing. They are making the air- can tell you where they get the surplus interests—economic gain—and what we planes and they are making the com- from. We had an increased measure of believe and who we are. That is the taxation over the years. When we had question that has been evaded in the puters. They are making all of it. Actu- the 1983 Social Security settlement, we mountains of pro-PNTR literature and ally, we have high tech. I want to get wanted it to increase to build up a the countless pro-PNTR briefings that into that in a minute. High tech—they trust fund to take care of the baby have become a fixture on Capitol Hill think that is saving us. We have a def- boomers in the next generation—which in recent months. I cannot support icit in the balance of trade with the is now. In 1992, the Social Security sur- such a division. I will not abdicate my People’s Republic of China in high plus was $50 billion; now the Social Se- responsibilities in the hopes of avoid- technology. ing tough choices and decisions. I can- This Congress doesn’t have any idea curity surplus is $150 billion. Over the last 8 years—because of not support this bill. where we are on this particular score. I yield the floor, and I suggest the ab- Everybody is outside talking about the what we did back in 1983—we have an sence of a quorum. new economy. True it is, we are all additional $100 billion surplus, if you The PRESIDING OFFICER. The proud of that new economy, particu- please, for the Social Security trust clerk will call the roll. larly on this side of the aisle. They fund. We voted it here—section 13–301 The bill clerk proceeded to call the were afraid to say they raised the So- of the Budget Act—that you shall not roll. cial Security tax in 1993 when Clinton use Social Security surpluses in your Mr. HOLLINGS. Mr. President, I ask came into office. But I wasn’t afraid. I budgets. Section 12 of the Greenspan unanimous consent that the order for brought it in line with all other pen- commission said it should be set aside. the quorum call be rescinded. sion plans. We are afraid to say we It took us from 1983 until 1990 in order

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8054 CONGRESSIONAL RECORD — SENATE September 6, 2000 to get that done, but we finally got it The fiscal year Interest Expense represents stand that. No. 2, on globalization, I done. Ninety-eight Senators voted for the total interest expense on the Public Debt don’t want to sound like the Vice it. Almost all the Members of the Outstanding for a given fiscal year. This in- President, but I helped invent it 40 House voted for it. It was signed into cludes the months of October through Sep- years ago. I went as a young Governor tember. law on November 5, 1990, by President to Europe. I have that Deutsche George Bush. INTEREST EXPENSE—FISCAL YEAR 2000 Telekom bill that they talked about in But all of them are running around the paper the other day. The truth is, I saying we are going to save Social Se- Amount called on the Germans in Frankfurt. curity while they are spending it with July ...... $19,332,594,012.00 Today we have 116 German industries all kinds of monkeyshine plans—invest June ...... 75,884,057,388.85 in the little State of South Carolina. I May ...... 26,802,350,934.54 a little, invest a lot, do this, or do that April ...... 19,878,902,328.72 will never forget calling on Michelin in to save Social Security. They set up March ...... 20,889,017,596.95 downtown Paris in June of 1960 with February ...... 20,778,646,308.19 the straw man in violation of the law— January ...... 19,689,955,250.71 11,600 Michelin employees. We have the policy of the Greenspan commis- December ...... 73,267,794,917.58 Hoffman-LaRoche from Switzerland. November ...... 25,690,033,589.51 sion and talking about surpluses when October ...... 19,373,192,333.69 And Honda broke ground a few years there is not any surplus. The debt is in- ago. I was amazed to hear that Honda creasing. If there is a surplus, why has Fiscal Year Total ...... 321,586,544,660.74 produced and exported more vehicles the debt increased $20 billion? With all than General Motors. the wonderful income tax from which AVAILABLE HISTORICAL DATA—FISCAL YEAR END I have been in public service 50 years. I have been debating this issue in all we had revenues on April 15, with all Amount the good corporate tax revenues in five textile bills that passed here. Four June, we are still increasing the debt 1999 ...... $353,511,471,722.87 of them passed the House also and were 1998 ...... 363,823,722,920.26 some $20 billion. 1997 ...... 355,795,834,214.66 vetoed by Presidents over the years. All of them say tax cut, tax cut, but 1996 ...... 343,955,076,695.15 When we come to trade and 1995 ...... 332,413,555,030.62 if you cut the estate taxes, you have 1994 ...... 296,277,764,246.26 globalization, I think it behooves me increased the debt. All tax cuts are in- 1993 ...... 292,502,219,484.25 not to talk about permanent, not to 1992 ...... 292,361,073,070.74 creasing the debt. They are all saying 1991 ...... 286,021,921,181.04 talk about normal, but use this oppor- pay down the debt, pay down the debt. 1990 ...... 264,852,544,615.90 tunity to sober up the Congress and the 1989 ...... 240,863,231,535.71 It is Alice in Wonderland. It is double 1988 ...... 214,145,028,847.73 leadership of the United States, mak- talk. They are not talking sense with ing them realize that we are in a real relation to what is actually going on. Mr. HOLLINGS. It is $321 billion competition, but not for profit. That is, Everybody says we are paying down without the August and September the American multinational. They the debt. But they are for all of these payments. When we get those par- could care less. They don’t have a taxes. Whether it is middle class, or ticular payments, it will go up, up, and country. Boeing came out the other targeted, or estate, or gasoline, or cap- away. And that is under low interest day and said in the United States, we ital gains, or marriage penalty, any of rate circumstances. are not a U.S. company but an inter- those tax cuts under present cir- We have the worst waste of all. I national company. Caterpillar has been cumstances obviously amount to an in- served on the Grace Commission under holding in Illinois. But they were inter- crease in debt. They talk about surplus President Reagan. We were going to national. They think it is fine. The that doesn’t exist, and they talk about cut out waste, fraud, and abuse. Now Chamber of Commerce has forgotten paying down the debt as they regularly we have caused the greatest waste of about Main Street America and gone increase it. They don’t mention waste. all. with the multinationals. NAM and the As a result of this charade, interest After President Clinton early this Business Roundtable—we are in the costs have gone up to $366 billion for year made the State of the Union Ad- hands of the Philistines. We are losing this fiscal year. I remember when we dress, the comment was made by the our manufacturing base because we balanced the budget in 1968 and 1969 distinguished majority leader that it don’t understand that the global com- under President Lyndon Johnson. The was costing $1 billion a minute. The petition is not for profit but for jobs interest cost on the national debt was President talked for 90 minutes; that is and market share. less than $1 trillion; the interest cost $90 billion. Governor Bush wants to Let me talk a minute about jobs. At was only $16 billion. That was the cost give a $90 billion tax cut. We could give the fall of the wall, 4 billion workers of all the wars from the Revolution, to President Clinton $90 billion in spend- came from behind the Iron Curtain, the Civil War, the Spanish-American ing. We could give Governor Bush $90 ready to work for anything, anywhere, War, World War I, World War II, Korea, billion in tax cuts and still have $170 at any time. In the last 10 years, with Vietnam. We had a debt of less than $1 billion left for all the increases to the computerization and satellites, you can trillion and they had interest costs of Department of Health, for class size re- transfer your technology on a com- only $16 billion. Now we are up to $5.7 duction and school construction and puter chip, you can transfer your fi- trillion, with $1 billion a day being any and every kind of research at NIH nancing by satellite. You can produce spent. Wait until the whopping pay- that we wanted. anything anywhere that you please. ment is made in September. The point is, we are spending the That is the global competition and I ask unanimous consent to have money and we are not getting anything international trade. printed in the RECORD the interest ex- for it and we don’t talk about it on the While our American producers for the pense as of this minute. campaign trail. What do they avoid so-called profit want to manufacture, There being no objection, the mate- talking about? The $350 to $400 bil- say, in the People’s Republic of China, rial was ordered to be printed in the lion—and it will probably be nearly for 10 percent of the labor costs than it RECORD, as follows: $400 billion—deficit in the balance of is paying in the United States, we have INTEREST EXPENSE ON THE PUBLIC DEBT trade. The economists say that costs us been losing, losing, losing. In manufac- OUTSTANDING at least 1 percent on our GNP. Instead turing, they say 30 percent of volume is The monthly Interest Expense represents of 4.1, we would have 5.1, and more jobs. in the cost of labor. Or you can save 20 the interest expense on the Public Debt Out- This is ignoring the failure of the percent of your volume by moving the standing as of each month end. The interest United States to compete in inter- manufacturer of your product offshore expense on the Public Debt includes interest national trade. I emphasize that for a or down to Mexico. Simply put, you for Treasury notes and bonds; foreign and do- reason, for those who say we are blind can maintain your executive and your mestic series certificates of indebtedness, protectionists, that we don’t under- sales force here but put your manufac- notes and bonds; Savings Bonds; as well as stand the global economy, the global turing elsewhere. If you have $500 mil- Government Account Series (GAS), State competition and do not want to com- and Local Government series (SLGs), and lion in sales, at 20 percent, before other special purpose securities. Amortized pete and want to start a trade war. No. taxes, you can save $100 million. Or you discount or premium on bills, notes and 1, we have been in a trade war and we can continue to work your own people bonds is also included in interest expense. have been losing. They don’t under- and go broke because your competition

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8055 is headed that way. That is the job pol- chinists. Why? Because 70 percent of Redmond, WA and Boeing has 100,000. icy of the U.S. Congress today. It is to the Boeing 777—McDonnell 90–10 is But what jobs they do have don’t accelerate the exodus and the export of made overseas. In order to sell the Boe- produce anything to export. jobs. ing plane in the People’s Republic of We had a deficit balance of trade in I will never forget when they told us China, according to Bill Greider, 50 per- advanced technology products with the that NAFTA was going to create 200,000 cent of the Boeing 777 is made in down- People’s Republic of China of $3.5 bil- jobs. I just looked at the figure from town Shanghai. lion in 1999. This year it will be almost the Bureau of Labor Statistics. It is So we are losing the best, the best of $5 billion. So don’t give me anything more than just that 38,700 figure, but in the jobs. We know about jobs. We know about high tech—the high tech is going textiles alone we have lost 38,700 jobs about globalization. We are looking at to save us. That is not going to save us since NAFTA; in North Carolina, 90,000. this constant drain, so to speak, over at all. Advances in technology has I will never forget when they came the 50-year period. At the end of World spurred productivity. We all acknowl- down to Charlotte and said they want- War II we had 41 percent of our work- edge that. The Japanese, after all, are ed to talk about the digital divide. force in manufacturing. Last month, the ones that taught us that with their They are the ones dividing it. You we lost another 69,000 manufacturing advances in robotics in the early 80’s. think if you lost a job you are going jobs. Go to the Department of Com- The BMW plant in Spartanburg, SC has out and buying a $2,000 or $3,000 commerce—ask them. been able to incorporate cutting edge puter? ‘‘It’s the economy, stupid.’’ So we have gone from 41 percent technology and machinery. That is That is where we are. You just can’t down to 12 percent. Akio Morita, the why over half the employees came off understand we are here, when they former head of Sony said: Wait a the farms within 50 miles and the other think it is a productivity thing on jobs: minute, that world power that loses its little textile industries and have been Productivity, productivity, produc- manufacturing capacity ceases to be a able to produce very efficiently. The tivity—We have global competition. world power. That is why we stand op- quality of the Spartanburg plant ex- The U.S. industrial worker was the posed to permanent normal trade rela- ceeds the quality of Munich BMW. As a most productive industrial worker in tions with China. result, BMW is doubling the size of its the world, all during the 60s, all during I know full well—I live in the real operations at the Spartanburg plant. the 1970s, all during the 1980s, all dur- world—we are going to have trade with Open your eyes. The most productive ing the 1990s, and is today still the China. I am not opposed to trade with automobile plant in the world, accord- most productive industrial worker. China. I am opposed to permanent, nor- ing to J.D. Power, is not in Detroit, it They are not the highest paid. They mal. When I say ‘‘permanent,’’ that is is down in Mexico—the Ford plant. We know about productivity and we know pay much more in Germany and a exactly what these CEOs of the For- about jobs. While we lost 69,000 manu- bunch of other countries—and I will tune 500 companies want. Because they facturing jobs this August, we took on have a word to say about that, where know if they go over and invest in some 127,000 service jobs. We are going the rich are getting richer and the poor China and it has been permanent, they can come back appealing, ‘‘Don’t just the way of England. are getting poorer and the middle class At the end of the war, they told the change anything,’’ and they can get a is disappearing. But the point is, we Brits: Don’t worry; instead of a nation foothold there and they can really are losing our manufacturing strength of brawn, this will be a nation of make a wonderful profit. But, of and capability. We are losing our econ- brains; and instead of producing prod- course, that puts us more and more in omy. ucts, we will provide services. Instead jeopardy because we cannot shout America’s security and strength is of creating wealth, we will handle it ‘‘productivity’’ to the most productive like a three-legged stool. You have the and be a financial seller. And England industrial worker while at the same one leg which is the values of a nation, has gone to hell in an economic hand and that is unquestioned. We commit time saddling him with all the pen- basket. Even Land Rover is leaving for freedom in Somalia and down in alties. there now, and there is some question What are the penalties? What are the Haiti, Bosnia, Kosovo. There are nine with the BMW plant there. peacekeeping missions currently and costs of productivity? We, the Congress I am not anti-British. I love the we are adding four more around the of the United States, say: Before you Brits. But London has become a down- world. People admire the United States open up the XYZ manufacturing com- town amusement park. I like to go of America and its high principles and pany you have to have a minimum there like everybody else. What I am values. wage, Social Security, Medicare, Med- talking about here is economic The second leg is one of the military, icaid, clean air, clean water, safe work- strength. The British Army is not as and that is unquestioned. ing place, safe machinery, plant clos- big as our Marine Corps. We are run- But the third leg is a fraud—inten- ing notice, parental leave. We might ning around here puffing and blowing tionally so. You see, after World War II add on prescription drugs. Everybody is about the world’s superpower. You can- we had the only industry, so with the for prescription drugs. That is the cost not use and you would not use the hy- Marshall Plan, that really started of doing business. drogen bomb. They couldn’t care less globalization. We not only sent the You can go down to Mexico for none now about the 6th Fleet or our mili- money, we sent the technology and the of that, 58 cents, $1 an hour. You can tary superiority. expertise—and capitalism has defeated go, for 10 percent of the cost, to China. So what counts? Money. Money talks communism. In the People’s Republic We run around here like we understand in international affairs. I will never of China, which is the present subject, something when we are totally off forget when in the U.N. there was a res- they are tending more every day to- base, operating in the dark, on one of olution to examine China with respect wards capitalism. That is a wonderful the most important issues confronting to human rights and they were pre- thing. the United States. They think: Tech- paring to set up the hearings. This was The question is, Can we afford to give nology, high tech, high tech. Let’s talk 1993. away the store? We have sacrificed and about jobs. High tech jobs? Do you The last time I checked 5 years later, sacrificed so that now Boeing of Se- know that a third of Microsoft’s work- 1998, they did not have the hearings. attle, WA is moving production of air- ers are part time? At one time they Why? Because the Chinese are the best planes—the most prominent of export were all full time and lower-level work- diplomats. The Chinese are the best ne- industries—out of the country. Why do ers sued and said: We are going to get gotiators. They are the best business you think the machinists at Boeing led some of these stock options and other people. They have the best commercial the strike not to break up in Seattle benefits. And they won the case in minds. They went all around Africa, last December? That was a crowd that court. So Gates and Microsoft turned down into Australia and everywhere came out of Oregon, if I remember cor- around and gave them a 364-day con- else. They never called for the hear- rectly, the Ruckus Society, or some- tract. They are part time; 40 percent of ings. Why? Because everybody wants to thing like that. But the AFL–CIO the employees in Silicon Valley are get into that rich market of $1.3 tril- march, at that WTO meeting in Seattle part time. They don’t give them any lion. At the moment, we have the rich- in December was led by the Boeing ma- jobs. Gates has 22,000 up there in est market in the world, and we refuse

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8056 CONGRESSIONAL RECORD — SENATE September 6, 2000 to use it and whine: Be fair, fair trade, As a result, the second bill that ever laundry or somewhere else in the serv- level the playing field. passed Congress—the first being the ice economy that doesn’t pay. Come on. Trade is not Boy Scouts. Seal of the United States—was a pro- Talking about those jobs, I think we There is no morality to trade—be fair. tectionist measure passed on July 4, ought to really emphasize the fact that I know what they are talking about. I 1789, a tariff bill of 50 percent on 60 dif- we are separating, if you please, the so- know the word ‘‘trade’’ itself. ‘‘Free ferent articles. From there we began to ciety. In Fortune magazine, dated Sep- trade’’ is an oxymoron, but they hope build our own economic strength, our tember 4 there is the article entitled, there will be no barriers, no tariffs, no own industrial capacity, carried on by ‘‘Are the Rich Cleaning Up?’’ It is by limitations. President Lincoln. When plans were Cait Murphy: As we shout for free trade, the same being made to build the trans- Blue-collar workers make less than they thing we shout for is world peace. I do continental railroad, some said buy the did a generation ago while the earnings of not believe we are going to get either steel from London. Lincoln said: Oh, professionals have soared. one in my lifetime. Maybe in Strom’s. no, we are going to build our own steel Mr. President, I ask unanimous con- The fact of the matter is, the father of plants, and then when we get through, sent to have this article printed in the this country said the best way to pre- we will not only have the railroad, we RECORD. serve the peace is to prepare for war. will have a steel capacity. There being no objection, the mate- The best way to get free trade is to Again, that crowd that comes around rial was ordered to be printed in the compete, raise the barriers and then re- here whining about free trade, getting RECORD, as follows: move them. The Chinese do that. They all the protection you can possibly [From Fortune, Sept. 4, 2000] use their market. imagine—the farmers—are solid for ARE THE RICH CLEANING UP? Some come to the floor and talk at this. They are going to learn a lesson— (By Cait Murphy) length with respect to how the agree- be careful what you wish for. Maybe I ment is so good and it will not do this will get on to that in a minute. The average price of a Manhattan apart- and it will not do that. I will touch on ment south of Harlem has hit more than It was Franklin Delano Roosevelt $850,000—at a time when two-fifths of New one thing this afternoon because I am who instituted marketing quotas, pro- York City’s residents make $20,000 or less a limited in my time. My colleagues will tective import quotas, price supports— year. In Silicon Valley teachers struggle remember, they said there would not protectionism that built up. Yes, I am with the rent while dot-com-rich parents be any more forced technology trans- for the farmer and we are the greatest wonder how to cope with ‘‘affluenza’’—the fers. That is what Qualcomm thought agriculture producer in the world. But perils of new and great wealth. (Hint: Just when it invested in China. Ambassador do not tell me about free trade. There don’t buy that helicopter.) In leafy suburbs Barshefsky, the Special Trade Rep- have not been any price supports for nurses and cops commute from 50 miles resentative, said: away: They cannot afford to live near their my textiles and my 38,700 textile work- work. The rules put an absolute end to forced ers who have lost their jobs since This dichotomy—between new wealth and technology transfers. NAFTA. Incidentally, I remind people the not-so-wealthy—has lately become some- This was November of last year after just exactly what happened. Yes, they thing of an academic and political obsession. they had the agreement. I have an arti- are having to turn to service jobs if Economists and social scientists have turned cle from the Wall Street Journal with they can. the study of income inequality into a thriv- regard to ‘‘Qualcomm learns from its I remember Onieta Industries in An- ing cottage industry. And while the rich- mistake in China’’: drews, SC. They made T-shirts. Every- poor gap has not cropped up explicitly in the presidential campaign, it is the stubtext for U.S. mobile phone maker listens to Bei- body can understand it. They closed a number of front-burner issues like tax jing’s call for local production. the plant in the early part of last year. cuts, educational reform, and the ‘‘digital di- This is dated June 7 of this year. The There were approximately 480 employ- vide.’’ When a politician uses the word ‘‘fair- Ambassador is telling us the agreement ees with an average age of 47. Do it ness’’ in an economic debate, that’s often does one thing, but the reality is quite Washington’s way; do it the way Con- shorthand for ‘‘inequality.’’ another. Qualcomm, trusting it would gress lectures: Education, education— Why the concern about inequality? Basi- not have to transfer, has to have local we have to reeducate. They sound like cally, because there’s more of it. From 1977 production before it can sell. So it is a bunch of Mao Tse-tungs. So we reedu- on, the cash earnings of the poorest fifth of cate, and tomorrow we have 487 expert the U.S. population fell about 9%, estimates with all of these other industries. the Center on Budget and Policy Priorities; I am not anti-Chinese. I am anti this computer operators. Are you going to middle-class earnings rose 8%; and upper-in- policy. I have been against this par- hire the 47-year-old or the 21-year-old? come earnings, 43%. The exact numbers are ticular policy for years on end. We had Those 47-year-olds are out of a job. hotly contested, but it is clear that the dis- a GAO report—about which I could go The average employer is not going to tance between the top and the bottom tiers on at length—that the agreement is in- take on the pension costs and health of the income distribution has grown strik- decisive and complex. When we nego- costs for the 47-year-old when they ingly since the 1970s. By some measures, tiate, we find out again and again it is have relatively none to consider for the Americans’ earnings are more unequal today normal trade relations; namely, you 20-year-old. So they are sidelined. And than at any time in the past 60 years; at best, even after the past several years, when have to give before you can take. You that is the anxiety explored recently in income has grown throughout the income have to give the Chinese the tech- Business Week: ‘‘The Backlash Behind distribution, the gap has plateaued at or nology, and move production to China. the Anxiety of Globalization.’’ near record levels. I do not fault China. The Chinese are President Clinton, himself—this is Of course, no serious person would argue doing only what we did to build this from the Los Angeles Times in May of that everyone should get the same-sized great United States of America. this year. I quote: piece of the economic pie. That would be un- In the earliest days, we had just won So Clinton asked rhetorically, why are we fair to those who work hard, as opposed to our freedom, and the Brits cor- having this debate on PNTR? Because people those who watch reruns of Gilligan’s Island responded with the fledgling Colonies are anxiety ridden about the forces of all day. And if spectators want to pay more globalization. to watch a baseball game than, say, a bad- and said: Now that you have won your minton match, there is no reason both sets freedom, why don’t you trade with us I just finished reading David Ken- of athletes must be paid alike. At the same what you produce best, and we will nedy’s ‘‘Freedom from Fear,’’ the leg- time, no serious person would deny that in- trade back with you what we produce acy of Franklin Delano Roosevelt. The equality can hit such levels (think medieval best—the doctrine of comparative ad- legacy of William Jefferson Clinton is societies) that it comprises both an ethical vantage these economists will tell you fear and fear itself. Global anxiety. problem and a threat to social peace (the about. Why? Because that 47-year-old who peasants revolt). Finally, there is little dis- Alexander Hamilton had the wisdom, worked at a plant for 25 years was sav- agreement about whether inequality has in- outlined in the Report on Manufac- ing his money, making his home pay- creased. It has. But there is also massive mud-wrestling about how much it has grown, tures. There is one copy left at the Li- ments, his car payments and had a lit- why, and what it all means. brary of Congress. That little booklet tle boat down on the Black River—now FORTUNE will spare you the arcane de- in a line told the Brits to bug off: We he is high and dry. At best, he is trying tails—for now, anyway. But the fundamental are not going to remain your colony. to get a job at McDonald’s or at the argument about inequality is simple. The

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8057 pessimists contend that income distribution Europe’s greater equality may simply reflect households. On the upscale side, there has has grown so lopsided that all society is the widely accepted premise that while been an increase in families in which both worse off. Richard Freeman of Harvard spec- America has adapted to economic change by spouses make lots of money. To put it an- ulates that there is a link between inequal- allowing inequality to rise, Europe has ad- other way, there are almost 21⁄2 times as ity and crime. He notes that high school justed by allowing higher unemployment. many people working in the richest fifth of dropouts fill the nation’s jails—and that Which is better? households as in the poorest fifth. Less than these men have lost the most ground eco- Another favored analytical tool for meas- a third of the people in the bottom quintile nomically. Edward Wolff of New York Uni- uring inequality is to divide the population live in households headed by a married cou- versity contends that if young men had a into fifths, or quintiles, and see what share ple; the rest are single (55%) or in single-par- better shot at earning a stable living they of the nation’s earnings each fifth took ent families. In the top quintile some 90% might be more willing to marry and stop home. According to the Census Bureau, in live in married-couple families. having children on a freelance basis. Robert 1998 the bottom 20% earned only 3.6% of Changes in family structure account for Greenstein of the Center on Budget and Pol- total income (4.2% in 1973), compared with more than a third of the increase in income icy Priorities argues that earnings dispari- more than 49% for the top 20% (44% in 1973). inequality since 1979, figures Gary Burtless ties are one of the reasons that almost one in But wait a minute. The Heritage Founda- of the Brookings Institution, making it a five children lives in poverty. America’s low- tion points out that the Census defines slightly more important factor than the widest-paid workers make less, as a percentage quintiles in terms of households—and house- ening wage gap. Lynn Karoly of the Rand In- of the median wage (the point at which 50% holds in the bottom quintile are much small- stitute in California calculates that the wage are above and 50% below), than their coun- er than those at the top. Therefore, while gap is a bigger deal, but no matter: No one terparts in any other country (38%, com- there are 64 million people in the richest disputes that both factors are crucial. pared with 46% in Britain and Japan and quintile, there are fewer than 40 million in Other suspects in the inequality lineup are more than 50% in France and Germany). the poorest one. Adjust for population, and the declining minimum wage (lower in real This means that many low-skilled parents the share of the bottom fifth grows. Also, terms than in 1973), declining unionization among men (accounting for as much as 20% just cannot earn enough to escape poverty. many Americans have income that is not in of the gap, estimates Freeman), deregulation ‘‘If there were somewhat less inequality,’’ the form of wages or cash transfers—food (protected industries kept wages high), im- Greenstein concludes, ‘‘more would have a stamps and housing subsidies for the poor, migration (which can depress wages), and better standard of living.’’ realized capital gains for the better-off. Ad- There is also considerable (but conten- just for that, and the distribution narrows trade (that giant sucking sound). Higher lev- tious) literature that more-equal societies again, as it does after accounting for taxes. els of entrepreneurship may also be associ- are healthier. And there is the inchoate but Should the adjustment include Medicaid and ated with higher inequality. All those things probably count, but to a deeply felt belief that inequality at current Medicare? If so (and that is debatable), the minor degree compared with the changes in levels is simply un-American. It gives the gap shrinks further still; put it all together, earnings patterns and family structure. Im- rich too loud a voice. It makes it too hard and Heritage figures that the bottom quin- migrants, for example, can drive down wages for those at the bottom to rise to prosperity. tile takes in 9.4% of national income, and in local labor markets, particularly among And it allows the wealthy to separate them- the top 39.6%. the low-skilled, but that effect is muted There is, then, no consensus on how to selves from society through private clubs, across the country as a whole. When it measure inequality. There is, however, broad private schools, and gated communities. comes to trade, the effect is even more dif- The optimists respond to that critique agreement that it has indeed grown. Since ficult to identify. While some companies with a polite yawn. Or perhaps a rude word the early 1970s the cash incomes of the rich have certainly shipped jobs to cheaper along the lines of ‘‘Rubbish!’’ Sure, inequal- have indeed risen faster than those of the climes, most U.S. trade is with other rich ity has grown, but so what? As long as people poor, with the middle class hanging in there; countries, and most low-paid jobs are domes- at the bottom have not become absolutely the higher up the income ladder, the faster tic, such as cleaning or food service. Remem- worse off, goes this set of arguments, it the growth. That may help explain why the ber, too, that to critique immigration and doesn’t matter that the rich got richer fast- poverty rate, now 12.7%, has still not dipped trade strictly in terms of their impact on in- er. And no, the poor are not worse off. to 1973 levels (11.1%). Median household inequality is to look through a cracked mirror: Though men’s earnings seem to have fallen come (the point at which 50% are above and Doing so ignores the contributions immi- since 1973 (and maybe they haven’t), wom- 50% below) has grown grudgingly, rising grants make to America and the opportuni- en’s have clearly risen. That trend and about 9% in real terms from 1973 to 1998 and ties wrought by freer trade. smaller households mean that family income passing its 1989 peak only in 1998. What is more important than any of these and income per head have increased all along Men have had a particularly dismal time. individual factors, Karoly notes, is how all of the income distribution. Housing quality and The median income of men is significantly them have reinforced one another. At the access to medical care have improved mark- lower than in 1973 ($27,394 then vs. $25,212 in same time, there have been few counter- edly for the poor since 1973. 1997, in 1997 dollars). Men under 45 are mak- vailing forces. The U.S. could have tried to Besides, people don’t necessarily stay in ing less now, in real terms, than they did in slow these trends, as Europe has done, the same position. They move up and down 1967, and blue-collar workers have taken the through high minimum wages or centralized the income ladder: Horatio Alger was not biggest hit. Blacks and women, however, wage bargaining or protective trade barriers just making stuff up. Today’s income dis- have seen their earnings rise. or high taxes. It chose not to. tribution is the result of long-standing eco- Why is inequality increasing? Income in- What can be done? The primary rule of economic forces and social trends. Nothing is equality is increasing because wage inequal- nomic policy should be like that of medicine: broke, so don’t fix it. ity is. The U.S. economy has evolved to re- First, do no harm. And the problem with Those are the broad outlines of a debate in ward highly educated people even more than many of the knee-jerk policy responses to in- which the devil is most definitely in the de- in the past—a trend that social scientists, in equality is that they cannot pass that test. tails. What follows is a primer of the argu- a flight of whimsy, call ‘‘skill-biased techno- Looking at the list of culprits responsible for ments, followed by a suggestion about how logical change.’’ This means that demand for the run-up in inequality, for instance, one to get out of this thicket. labor has shifted toward the skilled and could argue for less technological change, What are people so concerned about? Stu- away from the unskilled. Brains beat less trade, more regulation, and less entre- dents of inequality use several tools in their brawn—hands down. preneurship. Would America really be better trade. One is the Gini coefficient; a 0 coeffi- That explains the rise in the college pre- off with such an economic blueprint? To ask cient is perfect equality (everyone has ex- mium—the extra income college graduates the question is to answer it. actly the same share of the economic pie). A can expect to earn compared with those who Even the more plausible approaches carry coefficient of 1 is perfect inequality (Bill finish only high school. The premium rose side effects worth thinking about. Take Gates gets it all). In America the coefficient much faster in the U.S. than in Europe be- unions. Unions are an essential part of a free has risen from 0.323 in 1974 to 0.375 in 1997, cause the supply of graduates in the U.S. did society, and they do an excellent job of rais- according to the Luxembourg Income Study, not rise as fast in the 1980s and 1990s as the ing wages for members. But they can also be higher than in any other rich country. Brit- demand for them; Europe came closer to associated with not-so-good things, such as ain’s is 0.346, Germany’s 0.300, Canada’s 0.286, matching demand and supply. It sounds like protecting their workers at the expense of and Sweden’s 0.222. a tautology, and perhaps it is: Income shift- those trying to get into the labor market— Matters naturally are not quite that ed toward the more highly skilled because an important factor in the high level of Eu- straightforward. Alan Greenspan has pointed employers would pay more for their services. ropean unemployment. In July, Alan Green- out that while the Gini coefficient is com- But it really is that simple. span contended that it was America’s great- paratively high for income, when applied to Of course, that by itself doesn’t explain the er labor-market flexibility that had allowed consumption it is about 25% lower. In other income gap. Another significant factor has it to take advantage of information tech- words, poorer people are spending more like been family structure. Weighing on the nologies faster and more fully than Europe; the rich; they are, for example, almost as downscale side of income distribution has tech-led productivity has been the bedrock likely to own such things as dryers and been the burgeoning number of single-parent of America’s recent wage and productivity microwave ovens. So the economic distance families, particularly those headed by never- surge. In this context, the case for actively between the top and the bottom may be nar- married mothers; overall, single-parent fam- encouraging more unionization begins to rower than the income numbers suggest. And ilies earn about half as much as two-parent weaken.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8058 CONGRESSIONAL RECORD — SENATE September 6, 2000 What about raising the minimum wage? tween the growing numbers of low-income make up half of the population living in pov- That’s plausible too, and the increased min- renters (10.5 million in 1995) and the shrink- erty—everyone else moves up and out. The imum wage probably played a role in ing numbers of low-cost rental units (6.1 mil- major problem in such homes is not lack of steadying inequality in the past few years. lion). A record 5.4 million households spend money but disorganization, illness, lack of Moreover, countries like France, which has a more than half of their income on rent or social skills, and general cluelessness. In her high minimum wage, have seen inequality live in substandard housing. The feds can book What Money Can’t Buy, Susan Mayer of grow much less. America may be robust and should do more in this regard by boost- the University of Chicago argues that after enough to swallow the proposed minimum- ing the number of housing vouchers. (Con- basic needs are met, additional income has wage increase to $6.15. But there is clearly a gress eliminated new housing vouchers for little effect on children’s prospects. Using a point where a minimum wage can become four years in the 1990s; the 2000 budget envi- form of regression analysis that only a social burdensome, killing job opportunities, as has sions expansion.) scientist could love (or indeed understand), happened in Europe. And raising the min- But inequality begins at home. It is not co- Mayer estimates that doubling the income of imum wage is an awkward way to lessen in- incidental that two cities with massive af- the poor would reduce high school dropout equality. Most minimum-wage workers do fordability problems—New York and San rates by one percentage point, increase edu- not live in low-income households (think of Francisco—may also have the most tortured cation by a few months, have no effect on suburban teens), and many poor households housing markets in the country. Byzantine teen pregnancy, and possibly worsen male have no workers at all. So most of the gain regulations suppress new construction and idleness. ‘‘Any realistic redistribution strat- from a higher minimum wage goes to fami- raise its cost. Insiders—those who have egy,’’ she concludes, ‘‘is likely to have a rel- lies that are not poor. Worse, the Organiza- scored a price-controlled apartment—benefit atively small impact on the overall inci- tion for Economic Cooperation and Develop- at the expense of outsiders, who pay prices dence of social problems.’’ Enhancing living ment has documented a connection between exaggerated by the artificially induced con- standards to provide dignity and reasonable the minimum wage and youth unemploy- straint in supply. So while rent decontrol comfort is a social good in itself. But humil- ment: the higher the wage, the more idle rarely makes the egalitarian to-do list, it de- ity is warranted in terms of the long-range youngsters. That has to be a large part of the serves to be on it. And Silicon Valley and benefits of doing so. reason a quarter of France’s under-25-year- other wealthy communities should take a In the long run, because so much of in- olds are out of work. hard look at regulations—two-acre zoning equality is connected with the higher re- Is all this simply an argument for compla- and the like—that put up a keep out sign for turns on skills, it is crucial that Americans cency? Not quite. It is really an argument the unrich. learn the things they need to know in order for looking at the issue from a different per- Expanding the EITC further—by increasing to succeed. Which brings us to education, the spective. Let’s face it: Normal Americans do the credit (particularly to families with most important component of the mobility not fret about rising Gini coefficients or three or more children) and extending it to that is the bedrock of the American dream. quintile displacements. They do however, childless full-time workers—would also help. Poor people in poor communities are educa- worry if hard-working people, even profes- The EITC is first-rate social policy. Essen- tionally short-changed, and the problems sionals, cannot find a home of their own that tially it promises parents that if they work, begin early. That Americans of almost any fits their means. They don’t want children their income will exceed the poverty line. In intellectual level can find a college to accept suffering, even if their parents made bad 1998, EITC supplements lifted almost five them does not excuse the lack of basic skills choices. They believe that opportunity is million people out of poverty, and that too many high school graduates dem- available to all and that government should money has proved an important carrot to get onstrate. Money may be part of the answer, not hinder people’s ability to take care of former welfare recipients into the job mar- but only part. Cash can be spent wisely or themselves. Americans, in short, are hapless ket. A further expansion would put more dol- stupidly; there is, at best, an ambiguous cor- at class warfare (perhaps because they are so lars in low earners’ pockets and reduce the relation between spending and achievement. absorbed in racial and ethnic issues). If they ranks of the working poor, without the scat- But evidence indicates that increased atten- were better at it, they would be howling, say, tershot effect of the minimum wage. It also tion to education in early childhood brings at the proposed death of the death tax, which makes perfect equity sense in the context of enduring and positive results. It’s clear that applies to only a tiny share of estates. In- the tax cuts both parties are fiddling with. there has to be more emphasis on account- stead, most people want it killed. The atti- Don’t believe the fluff: Tax cuts would ben- ability and outcomes—what children actu- tude seems to be, ‘‘Hey, that might be my es- efit the better-off most, for the very good ally learn—as opposed to how much is being tate someday.’’ reason that they pay the lion’s share of spent. That’s beginning to happen. And it’s Given such attitudes, a plausible list of taxes. The top 1% of earners, for example, hard to believe that competition—vouchers, goals for government might go something pays almost a fifth of all individual federal charter schools, and the like—would not be a like this: Enhance the prospects of poor chil- income taxes, according to the Congressional goad to improvement. dren, improve living conditions, reward Budget Office, and the top fifth almost 60%. Finally, let’s remember that nothing good work, bolster family responsibility, keep The bottom two quintiles contribute 8%. An is going to happen if the economy goes into taxes from impoverishing people and ensure expanded EITC, in combination with tax the tank. Tight labor markets have done mobility. cuts, would spread tax largesse all the way more to make welfare reform work than any And surprise, surprise: American social up and down the income distribution. Along aspect of its design; productivity has driven policy in the 1980s and ’90s has done almost the same lines, states that are considering up wages since 1993 faster than any transfer precisely that. The Reagan Administration cutting taxes would do well to cut sales program could have done. Remedies to in- can take credit for the 1986 tax reform, taxes, which hit the poor hardest, rather equality that hurt the economy as a whole which released many lower-income Ameri- than income taxes. Or they could start or ex- will hurt the poor first and worst. cans from federal income-tax liability. The pand their own versions of the EITC, as more Laura D’Andrea Tyson, former head of the earned-income-tax credit (EITC), also a than a dozen states have already done. Council of Economic Advisors under Presi- Reagan-era initiative, supplements the pay Third, surely a country as rich and tal- dent Clinton, offered a striking way of look- of low-wage workers with children through a ented as America can figure out some way to ing at these issues at a Federal Reserve con- refundable tax credit of up to 40% of earn- ensure reasonable, regular health care at a ference in 1998. Imagine the income distribu- ings. The Bush and Clinton Administrations level of access that, say, Ireland provided in tion, she suggested, as an apartment build- expanded the EITC (the latter in the teeth of the 1960s. There has been expansion of guar- ing in which the penthouse is more and more strong Republican opposition). Both also ex- anteed medical provision for poor children, luxurious, and the basement, in which a panded the provision of support services for but about 15% still slip between the cracks. number of dwellers (and their children) are poor children outside the home—child care, A system with fewer gaps could also promote stuck year after year, is rat infested. What foster care, Head Start, and so on. Child-sup- mobility; it is scary for low-income people in to do? Well, some social critics, offended by port enforcement expanded under all three a job with health coverage to try to improve the presence of wealth amid such distress, (with, it has to be said, spotty results), and their position by moving to a new job with- would like to pillage the penthouse. Tyson health insurance and child-care subsidies for out it. simply notes, ‘‘We need to do something poor children expanded under Bush and Clin- Fourth, let’s remember that not every about that rat-infested basement.’’ Taking ton. The welfare reform of 1996 (in the teeth problem comes with a ready solution, from care of the rats and making sure people can of strong Democratic opposition) explicitly government or anywhere else. For example, climb out of the cellar: That seems about connected working to the receipt of benefits. it would be an unambiguously good thing for right. Overall, these policies make up a broadly America as a whole if families formed more Mr. HOLLINGS. You begin to under- consistent approach that Americans are in readily and stayed together more reliably. stand—when we talk about jobs, when tune with—and that has delivered real im- This would also narrow wage inequality and we talk about pay, when we talk about provements. boost family income. It’s just far from obvi- our society, when we talk about our Perhaps, then, the way to remedy inequal- ous how to get there from here. ity is not so much to try to lessen the Gini Social policy is not a field of dreams; mir- economic strength, when we talk about coefficient—through redistributive taxation, acles are rare. Across the rich world, esti- the middle class—that the strength of for example—but to ameliorate the problems mates Ignazio Visco of the OECD, the long- our democracy is disappearing. of those snagged at the bottom. One such term poor are some 2% to 4% of the popu- So, yes, we are going to trade with problem is clearly housing. There is a gap be- lation. But at any given time, these families China. But if you make it permanent

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8059 and you make it normal and you want All you have to do is look at Deut- No amendments, don’t discuss it, when to compete with China, you are going sche Telekom’s SEC reports and know can we vote, let’s get this thing over to be in one heck of a fix, is all I have they call themselves a monopoly and with, free trade, free trade, free trade. to say. that the German government is in con- I am going to join my friend, our Let me say a word about market trol. leader from West Virginia, Senator share. Japan has been practicing this When you are a country in control, BYRD, and others, and hope we bring for a long time. They have a society you can print money. We know that some sobriety to this crowd up here in that sacrifices at the home market in better than anybody. We have been Washington. Let’s start competing and order to take on the international mar- running deficits since 1968, 1969 under let’s start being productive. Congress ket, the market of the United States. Lyndon Johnson; now the debt is $5.7 berates the U.S. industrial worker. You There is no question about it. trillion. So we know about govern- must become productive. But we can’t That Lexus that costs $34,000 in the ments printing money. pass an increase in the minimum wage. United States costs $40,000 to $44,000 in Deutsche Telekom had its stock at We can’t pass a patients’ bill of rights. downtown Tokyo. That camera that $100 earlier this year, in March. Now it We can’t pass gun control. We can’t sells for $300 here—a Japanese cam- is down to $40. Do you think Ron pass campaign finance. We can’t do era—sells for $600 to $1,000 in downtown Sommer, the CEO of Deutsche anything. Tokyo. That Handycam that sells for Telekom, is worried? He could care Remember, we are competing with $640 in the United States—made in less. He says: I have $100 billion. ourselves. I think that is one of the Japan—sells for almost $2,000 in down- He just had a bond issue of $14 bil- main points to be understood. I will town Tokyo. lion. Everybody got into it. We could never forget those industrialists who We do not have that kind of society. not get a $14 billion bond issue going in traveled all the way to Europe and This is a spoiled society. We are sup- this country. But a government-con- back with jet lag to implement the posed to give you tax cuts even though trolled company can easily get it be- Marshall Plan. Now with the profit the we have hardly any taxes to cut. And cause that company can’t go broke. It corporations make, they don’t mind they can’t be punitive, because look at is bound to win. the jet lag. They don’t mind moving for the economy. By the way, we are pay- Sommer says: I have $100 billion. And a while to Japan and Korea and other ing down the debt, but we do not tell I am ready to buy AT&T or MCI or places. And as of 1973, the banks— them we are increasing the debt at the Sprint or VoiceStream or any telecom Citicorp and Chase Manhattan—made a same time. company I please. If his stock was majority of their revenues and profits I really have not had but one person down in the regular market to $40, and outside of the United States. They be- ask me about the estate tax. Nobody he had $100 billion, there would be a came more or less multinational. Then, has asked me about the Social Security footrace between Boone Pickens and of course, the corporations themselves tax because we put it in line with all Carl Icahn. They would be in there in a started traveling over there and they other pension plans. Nobody has both- flash. There would have been a take- organized in order to support this so- ered about gasoline. Overseas, they over long ago. You see, they can come called free trade, which they knew his- regularly sacrifice $4.20 for a gallon of in with all kinds of capital and distort torically was a bummer. They orga- gas. When we get to $2 a gallon, we go the competitive market. nized the Trilateral Commission and ape and hold Federal investigations, That is why we deregulated tele- TV shows, and everything else. the Foreign Policy Association. If you So the competition in globalization communications from U.S. Govern- run for President, the first thing you is one of sacrifice. In China, they call it ment control in 1996. We certainly did do is get a gilded invitation to go up communism; sacrifice, in Japan, in not do it to put it under German Gov- and pledge on the altar of almighty Korea, and even in France and Ger- ernment control. That is why we have free trade your loyalty and your fealty many. They have all kinds of rules and the World Trade Organization, in order to free trade. So you become sophisti- regulations. Try to buy a year 2000 to get competition, not to set up gov- cated. You become knowledgeable. Yet Toyota in France. They keep it at the ernment-controlled companies to take you don’t know what you are talking Port of Le Havre and inspect it a year over in the private market. about. or so, and you can buy the year 2000 But why do they do that? Who does Then they give the contributions to model on January 1, 2001. offer the highest price, they tell me, the college campuses so that you not They have all kinds of barriers and per subscriber in one of these commu- only have the companies and the different tricks. We talk about nications entities. Previously the high- banks, but you have the campuses. globalization and productivity as if we est bid was $12,000 per subscriber. Deut- There was a Ms. Jacobson who put out know something about it and that all sche Telekom comes in with $21,000 to a study back in the 1980s where the ma- we have to do is reeducate and get $22,000. Money is nothing to them. jority of the contributions, I think, on more engineering graduates. Come on. Why? Because they want market share. the Harvard campus were Japanese. So I am talking about middle America, They battle. And the whole fight in you get all the campuses. You get the the blood and guts of this society, the globalization is for either jobs on the consultants. You get the Washington blood and guts of this democracy. That one hand, market share on the other lawyers. We don’t hear too much from is what keeps us a strong country. hand, or both. our friend Pat Choate. I wish he would That Fortune magazine article that That is the globalization. That is the run again. Pat Choate wrote ‘‘The came out the day before yesterday will trade. And we do not have a trade pol- Agents of Influence.’’ tell you about that divide, will tell you icy. The agents of affluence were our spe- that the take-home pay of that indus- They talk about free trade, and they cial Trade Representatives, whether it trial worker is less than what it was 20 get together. Unfortunately, our Demo- was Eberly or Brock or Strauss, those years ago, adjusted for inflation. It is a cratic leadership gets together with representing us immediately went to devil of a trend, but they are not talk- the Republican leadership on this represent the other side. It would be ing about that or even mentioning score. like General Powell going to represent trade. But when it comes to market They put out the white tent and they Saddam Hussein and Iraq. But that is share, the Japanese set the pace. fixed the vote. The New York Times what has been going on. To Mickey What is going on in telecommuni- wrote the article about it. The New Kantor’s credit, he has not done that. cations? York Times put in there that they got But I have been here long enough to I have a bill which is a reminder be- the NAFTA vote by giving our friend, watch all of them. Carla Hills, who gets cause the law is there. I am going to Jake Pickle, a culture center; another all of these awards and everything else, testify tomorrow that it is nothing Congressman two C–17s; another one a represented the other side, the com- more than a reminder. No communica- golf match. They had 26 gimmies to fix petition. tions bill is going to pass unless they the vote. So they fixed the vote here in Then you have the retailers. We used put it as a rider on one of these appro- the Finance Committee and fixed the to debate a bill, Mr. President. I would priations bills. Because they do not vote with the leadership, and they have go down to Bloomingdale’s, and I would want to debate these things. the unmitigated gall to come and say: get a lady’s blouse made in Taiwan and

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8060 CONGRESSIONAL RECORD — SENATE September 6, 2000 one made in New Jersey because they needs of this Nation. At the present I support PNTR for China because it are trying to fill up the order. They time, it is all spread around, disparate. will seal the deal on the U.S.-China Bi- were never the same price, and the You have the policy from the Trade lateral Agreement and finally allow American manufacturer wasn’t the Representative. No, it is the Commerce U.S. business and farmers the access to lower price. I went to Herman’s and got Secretary. No, it is the Secretary of Chinese markets that the Chinese have a catcher’s mitt, one made in Michi- Defense. No, it is the White House. No, to our market. In other words, America gan, one made in Korea—the same it is some other ruling that the admin- has had a relatively open market to thing, the one from Korea was cheaper. istrative body, the FCC, has made. China while China’s market has been, So they make a bigger profit, the re- That is why we have these booming for all intents and purposes, closed—ex- tailers. And the retailers pay the news- 60,000 lawyers at the bar in the District cept by category and by definition. papers through advertisements. That is of Columbia—not 6, 60,000. I believe Passage of PNTR will help pave the the source of the majority of news- 59,000 of them are communications law- way for China’s eventual membership papers’ profits. The business manager yers. in the World Trade Organization. of that newspaper says you have to be If we could just coordinate and get I think, as you would probably agree, for free trade because the retailers are one trade policy for this country and all of these are critical in our relation- their clientele. get competitive like the old Yankee ship to this very large country and the I just heard the distinguished Sen- trader; otherwise, we are losing our role that it will inevitably play in our ator from Arkansas talk about free jobs, our manufacturing. We are in eco- future world. This deal cuts the bar- trade. She was very much for this par- nomic decline. We are losing our mid- riers to trade that U.S. farmers and ticular bill. Their biggest industry? dle class. Unfortunately, we are losing businesses have unfairly encountered Wal-Mart, import industry. They are the strength of our democracy. I really for decades. It serves Idaho because it going to sell a few chickens in Arkan- believe that. slashes tariffs on exports critical to sas. Tyson hopes he can sell a few My friend, the Senator from New Idaho’s economy. chickens. But they are not producing York, says this is a most important Let me give a couple of examples. On anything else there. So we have to go vote. Well, I think it is just as impor- U.S. priority industry products, tariffs over to the retailers. tant for the exact opposite reason, that will fall to 7.1 percent. Tariffs will fall We have the banks, the corporations, we kill it, not pass it, kill this thing, on several products that are critical to the consultants, the societies, the cam- have regular trade, not normal, be- my State, including wood and paper, puses, the lawyers, special trade rep- cause we have been losing. I want to which are critical to my State; chemi- resentatives and, yes, the lawyers. The start competing. I certainly don’t want cals, a growing industry in my State; Commerce Committee does not con- a permanent trade agreement. Don’t and capital and medical equipment. In sider a bill that your office does not fill have one Congress try to bind the other information technology—now a very up with this crowd. In fact, these folks Congresses. ‘‘Permanent’’ was put in important part of Idaho’s economy— are confusing the Deutsche Telekom there by the NAM Business Roundtable the tariff on products, such as com- bill that my distinguished colleague and the downtown lawyers. They are puters, semiconductors, and all Inter- cosponsored with me, running around trying to get predictability to that in- net-related equipment will fall from an the whole month of August trying to vestment over there, and they want to average of 13 percent to zero by the figure out how to get this vote and how come back and tell ensuing Congresses: year 2005. to get that vote. Look, you told us it was permanent On U.S. priority agricultural prod- Section 310(a) says you cannot li- and so we have our money over there. ucts, tariffs will be reduced from an av- cense a foreign government in tele- And so just like the Senator from Ar- erage of 35.1 percent to 14 percent by communications. It has been that way kansas protects Wal-Mart, which he January of 2004, at the latest. It will since 1934. We argued and debated it in should, maybe I would be here trying also expand market access for U.S. the 1996 bill. We ultimately left it to protect a textile company that corn, cotton, wheat, rice, barley, soy- alone. In spite of the White House and wants to produce in downtown Beijing. beans, meat, and other products. The PRESIDING OFFICER (Mr. the FCC and all the other legal she- I think we all know the current state GREGG). The time under cloture has ex- nanigans they have ongoing, the law is of the agricultural economy, and while pired. we will set policy, to hopefully help still there, but they are trying to con- Mr. HOLLINGS. I thank the Chair production agriculture, we have always fuse that. and yield the floor. It is like Spain with the fifth column. Mr. President, I suggest the absence known that knocking down trade bar- We have the enemy within, like Bobby of a quorum. riers and expanding the world market- Kennedy wrote about. I mean, I am not The PRESIDING OFFICER. The place for our producers in agricultural worried about China. I would run it the clerk will call the roll. products remains critical. We have same way they are running it. They The senior assistant bill clerk pro- long since passed the day when we are have a $68 to $70 billion plus balance of ceeded to call the roll. the consumers of all that we produce. trade. We have got $70 billion minus Mr. CRAIG. Mr. President, I ask Now, well over 50 percent of everything balance of trade and it has been grow- unanimous consent that the order for a farmer or rancher produces on his or ing each year. It is going to continue the quorum call be rescinded. her property has to be sold in world to grow. The PRESIDING OFFICER. Without markets to maintain current econo- This is not about jobs in the United objection, it is so ordered. mies and to improve the profitability States. It is about jobs in China. The Mr. CRAIG. Mr. President, I come to of those individual operations. Wall Street Journal had a big headline the floor of the Senate this afternoon China, without question, is strug- that said investors are racing now to to discuss a motion to proceed on what gling today to determine what it will invest in downtown Beijing, get a foot- many of us believe to be a very impor- do in agriculture. Without question, it hold there and then get the protection tant issue, and that is Permanent Nor- will want to feed itself and to continue of the WTO—because you know who mal Trade Relations (PNTR) for China. to do so. Any nation worth its own the WTO is going to rule in favor of. While this issue has been a long time gravity wants to provide food and fiber Fidel Castro can cancel your vote, Sen- in coming to the floor of the Senate, for its own citizens. But as that econ- ator, my vote, the U.S. vote. I mean, its time has come. Our Nation, for a omy improves—and it is improving— come on, the WTO setting our trade good number of years, has pursued a re- the ability of disposable income in the policy? lationship with mainland China to im- hands of the mainland Chinese means I have introduced a bill in each of the prove the trade and commerce flows that they will want to buy more of a last sessions of Congress and I will in- that are critical to this country. The variety of products that our tremen- troduce it again next year. I am trying agreement that we are here to ulti- dous agricultural economy produces. to get the 28 Departments and the mately get to final debate and passage This is merely a step, and that is why Agencies coordinated in a department on, is an agreement that allows an un- I say dropping tariffs from 31.5 percent of trade and commerce so that we can precedented access to the China mar- to 14.5 percent by the year 2004 is sig- have a coordinated assault on the ket. nificant. As we work with them, those

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8061 tariffs could actually drop more rap- ther openly threaten or close down our collapsing their economy, and without idly in that area with additional agree- markets—close down our borders to the destroying the job base they currently ments. There is no question that future Chinese. That makes very little sense have. There is no question that China Administrations in this country will when you are working to expand mar- is eager to gain the economic benefit continue to pressure the Chinese to kets because they then would counter and the political prestige of a WTO move in the direction of even lower by closing down access to another por- membership. tariffs, but that significant drop of tion of their markets only to hurt an- During that tour, we also went to an over 15 percent will rapidly enhance ag- other segment of our agriculture. area and a province to the coastal city ricultural opportunities for sales to If they were in the WTO—if we accept of Xiamen. There you can see firsthand China. this agreement—then they come under what happens when an economy that The United States needs this deal. entirely new standards so that they was once guarded, protected, and lim- We are the strongest economy in the have to regulate the flow of their con- ited by state-owned companies and by world and, as a Senator, would I stand centrated apple juice into our markets, political control is turned, relatively, here and say we need this deal? Yes, be- and without question, substantially loose to join the world economy. cause we do. The U.S. trade deficit improve the overall economy of the Xiamen is one of six free-trade zones in with China is large and continuing to fresh fruit industry of this Nation and China that was created by Premier widen. The deficit surged from $6.2 bil- of the State of Idaho, and the State of Deng Xiaoping a good number of years lion in 1989 to nearly $57 billion in 1998. Washington. ago. Their gross domestic product is And it continues to rise. PNTR also means better opportunity phenomenal with average GDP of 20 That statement alone is proof that for Idaho business-people and for the percent, and job creation of the kind our economy has been a largely open Idaho workforce. that is tremendously significant in giv- economy and theirs has been a rel- For several years now Idaho has ex- ing the workforce of China the kind of atively closed economy. This agree- ported to China on a growing basis. We upward mobility that all of us seek for ment, however, rapidly moves them to- are 1.2 million strong in the State of all peoples of the world. ward a much more open economy and, Idaho. We are not a large State—at While we were there, we toured a therefore, spells in very simple lan- least population-wise. brand new Kodak plant that was built guage an opportunity for American In 1993, my State exported just about on about 19 acres of ground. It was once business and industry and America’s $2 million worth of goods and services a rice paddy for water buffalo and working men and women to expand the to China. But by just 2 years ago, in cobra snake. In just 19 months, this products they produce to sell into the 1998, that number had grown to $25 mil- rice paddy was transformed into a very Chinese markets. lion. That is a 1,000-percent increase in modern company that met all of the In addition to reducing barriers to the flow of goods and services leaving building codes, standards, and safety trade, it will also force China to play Idaho and going to mainland China, requirements as if they were built in by the rules. which just shows you the tremendous my backyard, or in your backyard, or There is, I guess, a bit of a saying expansiveness in the marketplace that anywhere in this Nation. It was the that when you deal with the Chinese on still remains relatively closed. This home of thousands of workers, working the mainland, you sign the contract, agreement rapidly opens that market for a much higher wage given the kind and then you begin to negotiate. In and allows us greater access. of power that a higher wage gives, and this country, when you sign the con- This last year, in December of 1999, I even given the opportunity to buy and tract, you have made the agreement. had the opportunity to lead an Idaho own their own apartment. The negotiation is complete. That is trade mission to China. I asked 13 dif- If we really want to see China why bringing them on line with PNTR ferent businesses and industries to go change, we must help give their work- and into WTO means that not only will along with me and my wife, Suzanne, force this kind of an economy, give they have to ultimately play by the and some of our staff. Representatives them more money in their pockets, a rules, but there will be a learning proc- from agricultural companies and build- chance to own private property, and ess for them as well. In working with ing material companies and the high- then we will watch, over the years, a the dispute mechanisms of the WTO tech community went along with us. political change that will take place. they will obviously learn that as they We were all united, not only in our rec- PNTR for China will improve the move more aggressively into world ognition of the importance of China’s standard of living for many Chinese markets, there is a rule of law that we entry into the WTO, but all of these who have endured very poor standards have all trading nations of the world companies that went along went to of living. play by; that is, a rule of fair trade look for opportunities to expand the PNTR isn’t just a good deal for the based on the standards established and marketplace of products built in Idaho farmers of Idaho, or the business men negotiated within the agreements. for expanding the economy of my State and women of Idaho. It is a good deal Let me give you an example of the and expanding the workforce and the for the Chinese people who have suf- problems we face today. job opportunities that exist in my fered poverty beyond compare, and who Idaho is known for its beautiful or- State. are now beginning to experience chards. Of course, the State of Wash- While we were there, we had the dis- through the marketplace, the oppor- ington—our neighbor—is known for tinct privilege of meeting with Presi- tunity of upward mobility, and the op- more orchards and that fine red apple dent Jiang Zemin. President Jiang portunity of private property owner- that many of us see on the shelves of gave us the courtesy of nearly an hour ship that truly begins to transform the the produce markets and supermarkets of his time in a direct discussion with political base and the landscape of a of our country. Today, many of those myself and the trade delegation. Dur- country. orchards that produce those marvelous ing that time, he talked about China’s Over the last year, as this issue de- apples in Idaho and Washington are future and he expressed it this way. He veloped and certainly over the last 6 being pulled out and replaced by other said China is serious about a transition months as we have known and as the crops. Why? Because the Chinese have to a more market-based economy, al- Nation has known that we would ulti- flooded the United States market with though the President made it very mately debate the issue of permanent concentrated apple juice—that when clear that China was not going to fall trade status for China and debate their you buy apple juice in the market- for the Russian model. In other words, entry into the WTO, I have received a place, the apple juice could well be pro- they weren’t going to throw out the old multitude of letters from Idaho from duced from a Chinese concentrate and assume that the new would just all kinds of constituents who for one shipped into our markets, then proc- naturally take its place. reason or another see the issue of per- essed and bottled and sold into the What they recognized and what they manent trade status the same way I do. American market. are doing at this moment is a progres- While we agree that some of the human The only way we can control the Chi- sive step-by-step approach for greater rights issues in China, and some of the nese flow of concentrated apple juice access in the marketplace, greater other kind of concerns that we have into our market today would be to ei- flexibility in the marketplace, without are important, we also agree that our

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8062 CONGRESSIONAL RECORD — SENATE September 6, 2000 Nation must be continually engaged and our national economy’s influence American workforce. We have a vibrant with the Chinese to change the world over them and their economy. It was a economy today, and our economy is vi- and to change their role in the world. dialog I would not expect to have. Yet brant because we can sell in an ever- Building a wall or turning our backs on it is a dialog that is now pursued near- opening world market. It has not cost this huge population base is no way to ly every day of the week in China by us jobs, it has continually improved gain those kinds of ultimate changes or U.S. companies who are openly and ac- and built a stronger economic base and benefits. tively gaining a piece of that market. a greater job opportunity for nearly These letters, and letters from my Another letter from Marlene every citizen in our country who seeks Governor, Dirk Kempthorne, I think Sanderlin of Lewiston, ID, which is a it. While that economy is strong, in the note, at least for the moment, that I forest products and agricultural town. agricultural communities of Idaho and share them with you. Let me give you It is the location of our seaport where across the Nation, it is weak. It is a couple of examples. ocean-going barges come all the way up weak because nearly 20 percent of the Here is one from David Sparrow, of the Columbia and Snake Rivers into world market is off limits or in some Boise, ID. the heart of Idaho to take out Montana way restricted to direct access for our He writes: and Idaho grain, forest products, paper, production agriculture. DEAR SENATOR: As a constituent and a and coal from Montana. All of that is This is a quantum leap forward to member of the agricultural community, I moving out to the Pacific rim and not only gaining greater access but im- continue to urge your strong support of some of it ultimately going to China. proving the economy of hometown, PNTR legislation with China. The vitality of that seaport, in the smalltown America. Idaho, my State, He goes on to say: heart of Idaho, is in large part con- has a good many of them. PNTR is a PNTR for China is vital to the farmers and nected to the vitality of our trade in critical link in providing that business other agricultural interests in our district. the Pacific rim and China. And China’s economy, jobs, and growth relationship Your vote is critical. economic growth, without question, is with China and China’s future. Reject- Another one is just a simple one-liner an opportunity for that seaport and for ing permanent normal trade relations from a gentleman in America Falls, every seaport in the United States and would, in my opinion, have a dramatic when he said: the men and women who work in the impact on the economy for all the op- Support trade with China. Nothing to lose maritime industries. posite reasons I have expressed that except a market to other countries. As your constituent, I urge you to support passage would have a positive impact. That is exactly right. If we don’t PNTR legislation for China. This legislation Lastly, if we reject this, we largely compete effectively, then our pro- benefits real people: Me, my family, and my freeze our relations with China. We ducers and our American workforce country. It guarantees economic growth for can’t afford to do that as a country. We will be the loser as other economies of America and promotes the growth of democ- can’t afford to do that as a world lead- the world continue to increasingly en- racy in China. er. I, along with a lot of my colleagues, gage the Chinese marketplace in their She speaks from my experience and have been very stressed in the last sev- bid for consumer products and a role in my limited exposure in China, and the eral months with some of the utter- the world markets. absolute truth when she says it ad- ances coming from China and some of Doug Garrity from Blackfoot, ID, dresses the growth of the democracy or what appear to be their activities here. wrote this Senator: the democratic actions within China Shame on us if we ignore this and if we DEAR SENATOR: As your constituent, I urge itself. ignore all of those other utterances. you to vote in favor of Permanent Normal Potlatch Corporation happens to be a Full engagement is the only way we Trade Relations with China. Congress must company that is a large paper and fiber can deal with the Chinese. Full engage- approve PNTR this year in order to secure producer in Lewiston, ID. They write, ment economically, full engagement in unprecedented access to world markets for asking that we support this. Why? Be- trade, dealing with defense matters, my company and others across America. cause of the thousands of workers they openly stating our positions in un- He was talking about a company in have at Potlatch and the products they equivocal ways as to how we will deal American Falls, ID, that is an agri- can supply into the Pacific rim and with our friends, neighbors, and poten- culture-based company. into the Chinese market. tial adversaries around the world. When the Idaho trade delegation and I have a good many letters from It is that kind of leadership that is I met with President Jiang Zemin it Idaho. We have received thousands. I incumbent upon this country, it is that was very clear from what he was say- know that nearly every Senator has re- kind of leadership that is asked for in ing that they believed this time, it was ceived phenomenal communiques from the Senate now in the passage of a per- their turn to make the concessions. He their State in support of this par- manent normalizing trade relationship openly talked about why they had ticular issue that is now before the with mainland China. I hope as we made these concessions, why they were Senate itself. Establishing a permanent move to this vote we can get there, lowering their trade barriers, why they trade relationship with China means pass it, pass it as cleanly as possible, would phase them in over a period of establishing a permanent, but also and get it to the President for his sig- time, and openly discussed even freer growing and developing relationship nature. markets than the kind that are pro- with the most populated country in the I suggest the absence of a quorum. posed in the current agreement Ambas- world. Without question, it is a vast The PRESIDING OFFICER. The sador Charlene Barshefsky negotiated opportunity for the sale of our prod- clerk will call the roll. in late October and early November. ucts, and for an ongoing and working The legislative assistant proceeded President Jiang Zemin recognizes that relationship with those Chinese people to call the roll. the strength of his country in the fu- that can do nothing but help improve Mr. BYRD. Mr. President, I ask unan- ture is not going to be based on the the ongoing relationship. imous consent that the order for the strength of a government but the We will have some important tests in quorum call be rescinded. strength of an economy and the right the coming days as other votes on The PRESIDING OFFICER (Mr. of his people to share in that economy, other issues directly related to China CRAIG). Without objection, it is so or- both individually and collectively as a come up. I will take a serious look at dered. country. He spoke very openly about some of them because we need to make Mr. BYRD. Mr. President, the Senate that. very clear, straightforward statements is presently considering the extension It was an amazing experience to visit to our friends in China as to what we of permanent normal trade relations for well over an hour with a man who can and will expect and what we don’t status, or PNTR, to the People’s Re- had walked behind Mao in the great expect as it relates to their role in the public of China contingent upon Chi- revolution. He did not mention that world community and our role along na’s accession to the World Trade Or- once, but instead talked in terms of with theirs. ganization, WTO. Earlier this year, it open and free markets and talked If PNTR were voted down, the real appeared that China might seek to join about China’s role in a world economy losers would be the American business the WTO this fall, but now, in the first and our role and our companies’ roles person, the American farmer, and the blush of autumn, that possibility has

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8063 receded. And so has the urgency for us and which has been so ably represented the House-passed bill is a bad bill. It to consider granting PNTR on a perma- by the senior Senator from New York, contains a number of reporting require- nent basis or on a temporary basis to Mr. MOYNIHAN. ments that attempt to assuage con- China. Yet, here we are, with but a I oppose this legislation with due cerns about human rights and labor scant handful of days left in this Con- apologies to my friend. And he is my rights in China. But without the goal gress and a large number of must-pass friend—a man of great wit, of great of an annual renewal of NTR status be- appropriations bills awaiting our at- stature, a man of natural grace, a stu- hind it, what force does a report have tention, discussing the merits or de- dent, a scholar, a teacher—PAT MOY- to affect behavior in China? How can a merits or lack of merits of forevermore NIHAN. I apologize to him for having to report protect American workers foregoing our annual ritual of review- vote against this bill, but I shall do it whose jobs are in jeopardy because of ing and extending normal trade rela- with gusto. unfair actions in the trade field by tions to China. The framers established the Senate China? How can a report protect Amer- It might be worthwhile for the Sen- as a forum for unlimited debate and ican missionaries in China or Chinese ate to so consume its time, if we were unlimited amendment. Or did they? citizens who wish to practice their reli- taking this debate seriously. After all, They certainly did so with respect to gious beliefs? How does a report turn it is quite a significant vote, the out- unlimited amendments. But for several back a shipment of missile technology? come of which may have long-lasting years, there was the previous question How does a report turn back threat- effects on our economy, on American here in the Senate by which debate ening words and actions directed at an- jobs and on American workers. Pro- could be limited. But when Aaron Burr other nation like Taiwan? ponents of extending PNTR to China completed his tenure as Vice President The goal of this administration, and note with some alarm that, should of the United States and made his fare- of the past few administrations—and I China join the WTO, the United States well address to the Senate, in early say this most advisedly; I have been in could be subject to sanctions by China March of 1805, he recommended that Congress now 48 years—and every ad- because we do not currently treat it ex- the previous question be dropped from ministration since I came to Wash- actly the same as we do other trading the rules. It had only been used 10 ington, Democratic and Republican, partners, both in the WTO and outside times in the previous years from the has been the same way, always singing the WTO. And that is true. We do not inception of the Republic. When the the same old tune, and is guided, it treat China the same as, say, the rules were revised in 1806, the previous seems to me, by the State Department. The goal of all of these administra- United Kingdom or Japan. We put con- question was dropped. It was then that tions, including the present one, has ditions on our trade with China, human unlimited debate reigned pure and been to, bit by bit, eat away at the con- rights conditions and labor conditions undefiled and unchallenged in the Sen- stitutional powers of this body to regu- and nonproliferation conditions. We do ate of the United States. So this is a late foreign commerce. This is the mes- so out of concern for those issues with precious birthright. By the way, there were no limita- sage behind limiting mechanisms such respect to China. as fast track. The argument is that our Our annual debate and vote to extend tions placed upon debate from that trading partners do not like agree- for another year normal trade rela- time—1806 or 1805—until 1917, when the ments to be amended so it is take it or tions, with conditions or without con- present rule XXII—not exactly the leave it for the Senate. But the Senate ditions, allows us, here in Congress, to present rule; it has been changed some must make judgments based on our na- comprehensively review our relation- since then—but a rule providing for the tional interest. ship with China. The annual vote on invoking of cloture was adopted in the Senate in 1917. Trade is a matter of increasing na- NTR is important to China, more im- But this group of Members—I do not tional interest. No one would dream of portant, perhaps, than any other single know who they are, and I am not sure making the argument that we cannot piece of legislation might be. The that such a group exists, but I will take vote for reservations or changes in United States is a huge market, an at- rumor for truth at this point because it arms control treaties because it would tractive market, and an important very well could occur to some Members upset our negotiating partner. The So- market for Chinese goods. The com- to want a ‘‘clean’’ vote, up or down. viets promptly renegotiated the petitive advantage of NTR tariff rates This group of Members, I read, want changes we made with respect to the is consequential. It is both a carrot and a ‘‘clean’’ vote, up or down, on the INF treaty, a very fundamental change a stick to persuade China to alter its House-passed bill. They, and a number on the question of the very definition behavior with regard to issues near and of House Members, do not want a con- of the missiles that were the subject of dear to Americans, such as religious ference. And they do not want a second the treaty. So are we to conclude that freedom, such as nonproliferation. vote in both Houses on a conference re- we can amend arms control treaties I would be happy to spend many port. So these Senators—well-inten- but not trade agreements, or even leg- hours on this debate, and discussing tioned, well-meaning—are determined islation dealing with trade agree- this important trade and security rela- to defeat every amendment, I hear, to ments? tionship. I consider it an important de- this bill, regardless of merit. So having Trade has now become a varsity bate. But I am somewhat dismayed to heard it, let me accept it as the truth sport in America, especially here in read news accounts about a cabal and proceed accordingly. I am embar- Washington. It is very important to among Senators to stifle one of the rassed to read that. I hope that it is our well-being, important to millions most important rights granted by the not true, that Members of this body of workers, important to the quality of Constitution to the Senate. That is the would relinquish a critical Senate pre- our environment, important to the right to offer and have debate on and rogative, especially over so important world’s environment. It is important to votes on amendments. In the House, an issue. Perhaps they would say: Well, large industrial and service sectors, a the rule guides debate and the number it isn’t exactly relinquishing a preroga- matter of such importance that we and content of amendments that might tive. Other Senators may call up should at least pay careful attention to be offered to a bill. That is perhaps amendments, but we will vote them our constitutional responsibilities. The necessary in a body with 435 Members. down. They shall not pass. final product will be more in the na- But the Constitution says: Each House If it is true, then we are just spinning tional interest and Senators will have may determine its own rules. The our wheels here, are we not, by trying done their duty to their constituents framers made the Senate a place where to fulfill our Constitutional role of reg- and to our Nation, as it was envisioned minority views, and small States, had ulating foreign commerce? We are just by our Founding Fathers, if we debate an equal voice. spinning deep ruts in the Senate floor this matter at length and if we offer Thus, West Virginia, a State con- by attempting to offer amendments to amendments, debate them in good sisting of 24,000 square miles—as a mat- improve this bill before we close off our faith, and have votes up or down on ter of fact, 24,231.4 square miles—is not opportunity to annually review and af- them and let the chips fall where they a very large State when placed beside, fect our relationship with China. may. on a geographic map, the great State of I have reviewed the House bill, some- Is it not possible that we might im- New York, which is so ably represented what cursorily, I admit. It is not that prove this legislation by the vote of a

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8064 CONGRESSIONAL RECORD — SENATE September 6, 2000 majority here in the Senate? Suppose Why do it now, before the final nego- prises. Yet China has also staked a one were to offer an amendment vital tiations on the bilateral U.S.-Chinese verbal claim to the status of devel- to our security interest. It is not ger- trade agreement, particularly the trade oping nations, which would exempt her mane, but there is no rule of germane- subsidy portions, have been ironed out? from any sanctions with regard to sub- ness in the Senate except under rule Perhaps someone was listening to sidies made to Chinese industries. My XVI with respect to appropriations that advertisement I have heard on the amendments would require reports on bills or when time agreements obtain TV so many times: Do it now, do it China’s state-owned enterprises— or when cloture is invoked. So why here. Well, we don’t do it now. what’s wrong with that?—and the ad- not? Why not offer subject matter that China’s record on trade agreements is vantages they enjoy, which would bet- is important to our national security not stellar. Since 1992, six trade agree- ter enable us to determine if China’s interest? ments have been made—and broken— actions are fair. If there is a group of Senators who by China. In the last two years, we Another of my amendments would have, by tacit understanding, by a have seen the effects of dumping on the add certainty to the sometimes exces- wink and a nod, or by words openly de- U.S. steel industry, as well as on the sively lengthy process used to deter- clared that they will oppose any and apple industry. So why are we rushing mine if such subsidies have adversely every amendment regardless of its this vote? Why now? Why are we rush- affected U.S. companies and U.S. work- complexity or its complexion or wheth- ing this in such haste that we will not ers. These amendments will help us er it is good or bad or in between—if even seriously consider amendments better to protect American manufac- there is such a group of Senators, why that might improve the legislation? It turers, American jobs, American work- not abstain from that and let us vote? is hardly perfect, sprung like Minerva, ers, and American families from unfair Let us have a vote up or down and have fully formed, from the forehead of trade practices. a vote based on the subject matter of Jove, or like Aphrodite from the ocean American trade negotiators have the amendment without any prior foam. crowed that, in the U.S.-China Bilat- agreement, without any wink or nod, if In that vein, I have several amend- eral Trade Agreement, the United States has given up nothing, while the there be such. Let us see where the ments prepared which I believe could Chinese have made substantial conces- chips fall. improve this agreement. One concerns sions and have offered to significantly Are we to say that this particular prospective U.S. investments in the lower tariff rates on certain goods. But bill is the acme of perfection and we Chinese energy sector. This amend- I argue that the United States is giving should not have any further amendment, if adopted, supports the market up something substantial, though not ments of any sort regardless of merit? for clean energy technology in China’s directly through the U.S.-China Bilat- I don’t think that would be the right admittedly booming economy. I believe eral Trade Agreement. We are making way to commence. this amendment would pass the Senate. our part of the bargain now. We are Once granted, PNTR will be difficult, I think it would command a decided giving up our annual review and exten- though not impossible, to retract. Any majority in the Senate, if left to its attempt to withdraw PNTR status in sion of normal trade relations with own merits. Sales of such clean tech- China in favor of a permanent normal the future, if it is granted now, will nology helps U.S. firms, of course, but trade relations status. And we are cause an uproar, and not just in China. also provide a mechanism for the Chi- doing it now, before China has to make The diplomatic crowd in the aptly nese to improve their air and water a single concession as a result of the named Foggy Bottom here in D.C. will quality, a necessary step if China is bilateral agreement, which, like PNTR, bleat that rejecting PNTR will upset ever to step up to what should be lead- is contingent upon China’s accession to delicate negotiations with the Chinese. ership role for her among the world’s the WTO. But I suspect that the Chi- The big business crowd will complain developing nations with regard to cli- nese may also be gambling on the fact about lost opportunities to sell or in- mate change. that having once made the plunge in vest in China. The Administration at Now I am all for dealing with global granting PNTR to China, the United the time will prate erroneously about warming. I am for the Kyoto Protocols, States will give it to them even if they Congress interfering with their sov- if China will get on board. So why not never make it to the WTO, or even if ereign right to conduct foreign affairs. have an amendment to that effect. the details of the bilateral change are And even in Congress, bills might be Let’s have a vote here in the Senate. ignored. That is the way we are, and introduced, only to die an unremarked After all, by the year 2015 at the lat- the Chinese know it as well as I do. death in some committee or on some est, China is expected—let’s see, I will We have an obligation to our con- calendar. I have been here a long time. be serving in my tenth term; that will stituents and to the citizens of our I have seen a lot of bills die and I know be my tenth term. After all, by 2015 at great Nation to look out for their best a thing or two about how to kill them. the latest, China is expected to surpass interests. The Constitution gives us a So I know that undoing a thing is the United States as the world’s lead- role. Yes, it does. This is the Constitu- much harder to do than doing it in the ing emitter of greenhouse gases. For tion that I hold in my hand for all to first place. It will be much harder to her own sake, as well as for the future see through that electronic eye. This is undo PNTR than it will be to grant it. of all of us, China needs to step up to the Constitution. Article I, section 8 So why are we apparently so gung-ho the plate and tackle her role in ad- gives Congress the power to regulate to have this sham debate and vote now, dressing the global issue of climate interstate and foreign commerce. So this year, this week or next? There is change. The United States would also why don’t we utilize that power? Why no great urgency. The bill will not even benefit from this effort, as increased don’t we utilize it? The Constitution take effect until China’s accession to volume of clean technology sales helps gives us a role in regulating foreign the WTO is voted upon. Why do it now, to reduce prices and make the best commerce. I am not sure that we per- just weeks after a damning report has technology more affordable to retrofit form that obligation very well. We been issued about China’s role in the on existing U.S. facilities. grant—I don’t—fast-track authority to proliferation of missiles and missile My other amendments are perhaps the Executive to negotiate massive technology? Why do it now—why not somewhat more specific in nature. In trade deals and leave ourselves without next week sometime or next month or light of China’s less-than-sterling the ability to amend. We take away the next year sometime—mere weeks after record of abiding by previous trade Senate’s right under the Constitution Chinese authorities conducted another agreements, these amendments are fo- to amend. We grant fast-track author- raid on a so-called Christian sect that cused on increasing the transparency ity to the Executive to negotiate mas- resulted in three Taiwan-born Amer- of Chinese Government subsidies made sive trade deals and leave ourselves ican citizens and approximately 100 to China’s many state-owned enter- without the ability to amend them, as Chinese citizens being arrested for prises, and on improving existing U.S. we did with NAFTA and GATT, both of meeting in worship? Why do it now, procedures for acting on dumping com- which I voted against—proudly, I voted just months after Chinese officials plaints. China has made vague prom- against both. have made still more threatening ges- ises about not dumping and about not My State certainly did not benefit tures toward Taiwan? providing unfair subsidies to her enter- from those actions. West Virginia lost

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8065 jobs and lost a lot of the diversity in sified efforts to suppress dissent, par- one. We raised our tariffs to the 60-per- its manufacturing base. China is an ticularly organized dissent.’’ Docu- cent level by trading on the floor in the enormous potential market, perhaps, mented human rights violations in- most normal political process that but she is also an enormous labor pool clude torture and mistreatment of pris- works very well in most matters. But competing for jobs and competing at a oners, forced detentions, denial of due in trade it can be ruinous. We reached price advantage. Our economy is process, and extra-judicial killings. a level of tariffs of 60 percent. We were strong, but we cannot all sit at com- Violent repression of all efforts to or- in that early stage of a sharp market puter keyboards and be information ganize independent union activity con- crash. The economy was down. But it age technology wizards. As a Nation, tinues. came back up. But with Smoot-Hawley, we also need to actually make things Given such a record, it would seem indeed imports dropped by two-thirds. and grow things. Production and farm- unbelievable to many that the United And exports dropped by two-thirds. The ing are important. But I would not in- States Congress would grant a green British went off free trade into com- vest in planting a new apple orchard light to PNTR with China, without so monwealth preferences. The Japanese right now, with Chinese apples and much as even a nod toward conditions went to the Greater East Asian Copros- apple juice flooding the U.S. market. I or amendments. perity sphere. would think twice about establishing a Are we to turn a blind eye to every In 1933, with unemployment rates of new assembly plant or some factory deeply held principle we have as a peo- almost 33 percent, Germany elected right now that faces competition from ple about justice, freedom, and right Hitler chancellor. lower-paid workers in China, who do and wrong for the pie-in-the sky prom- So under Cordell Hull, that great not have the same labor protections ises of economic gain? I hope not. For statesman from Tennessee, and Sec- that workers in the United States that would be much, much more than a retary of State under President Roo- enjoy and deserve. The future is uncer- sell-out. That would be a shame. sevelt, we began reciprocal trade agree- tain and cloudy. Mr. President, I yield the floor. ments. We gave the President the au- Who will get the prize? Chinese or The PRESIDING OFFICER. The Sen- thority to negotiate reciprocal reduc- American workers? Will China be re- ator from New York. tions in tariffs without coming back warded despite a history of broken Mr. MOYNIHAN. Mr. President, I rise for the formal approval of the Con- trade agreements, weapons prolifera- with deference and not a small measure gress. This was the predecessor of, the tion, religious repression, poor labor of awe at the continued erudition of precedent for, the fast track procedures protection, and aggressive foreign pol- my colleague from West Virginia. The that were established in the Trade Act icy statements? Will China be rewarded first decision I made when I came to of 1974. In effect, the Congress itself before the final trade issues concerning the Senate was to support him for ma- said we will deny ourselves this temp- subsidies have been inked in? Or will jority leader, and I have not made one tation, if you like. We can always take American workers enjoy a respite? Will of equal consequence since. None has it back. American concerns for security, human given me greater pleasure. Indeed, right now the President has rights, and fair trade hold sway for a I say on the question of amendments no fast-track authority. It expired in 1994. He could not get it in the atmos- little while longer? I say to my col- that it is a point of significance. When phere of the divided parties. leagues, let it wait. Let it wait. This the Finance Committee reported a measure on its own, it was a two-page It is that atmosphere, too, that leads debate, this vote, can wait until we us to believe that we should not send have the leisure and the will to do it bill. It was not a complicated matter. It was just agreed to. It will allow us to this measure back to the House. It had right. If we persist in this misguided been thought that the permanent nor- reap the benefits of an agreement that charade of a debate with no intention mal trade relations bill might pass by was reached between two countries. of considering any amendments on two or three votes. It was more, but their merits, I will fulfill my obliga- Now, I must say with absolute openness—and I hope always to be such. not overwhelming. As the Senator from tions. I will offer amendments—good West Virginia knows, here in the Sen- Yes. It is the hope of the managers of amendments, useful amendments, not ate Chamber 86 votes were cast in July the legislation that the Senator from dilatory amendments. I hope they will on the motion to proceed. not be tabled simply to avoid a vote up Delaware, the chairman of the Finance I want to be open about this matter, or down, to avoid going to conference. Committee, and the ranking member, if I can, and as I am. There is nothing At this time, I believe it would be ex- that we not amend the House bill. We more to say than what I have said, save tremely unwise to simply rubber stamp have agreed to take up H.R. 4444, be- that I believe I have more time—pos- the House bill and approve PNTR with cause if we amend it with a semicolon, sibly 3 hours—apportioned to me in China without amendments. it will require us to go back. The bill this debate. If the beloved President Granting PNTR to China with no will go back. I do not have to tell the pro tempore—and all of those things— amendments and no conditions signals Senator. It will have to go to con- would wish more of my time to speak that the U.S. Congress has given up on ference and pass the House again, and further, he would only have to ask. putting worker rights and environ- then come here and pass the Senate. Mr. President, I yield the floor. mental standards on the international Time has run out. This would have The PRESIDING OFFICER. The Sen- trade agenda. Coupled with the rhet- been a wholly acceptable and sensible ator from West Virginia. oric of the President, the Vice Presi- approach in May, but here we are in Mr. BYRD. Mr. President, I thank dent, and the U.S. Trade Representa- September of an election year in the the very distinguished senior Senator tive in support of PNTR, congressional last weeks of the Senate. from the State of Alexander Hamilton, acquiescence will reduce American So the Senator from West Virginia is New York. Alexander Hamilton was the credibility on labor and environmental right. He said he has read it in the only one of the New York delegation issues to virtually nothing. newspapers. I stand here to tell him who finally signed the Constitution. He At this time, it is not known whether that it is the case. I hope we made no was one of the truly great statesmen in China will actually apply for member- effort to conceal this. It is simply our the early life of this Republic. He ship in the WTO. But one thing is judgment and the administration’s helped guide the people of that delega- clear; the Chinese Government has not judgment. tion at the Convention to a resolution wavered in its absolute opposition to I would like to say one last thing concerning this great document, and any consideration of labor rights and about fast track. The Senator could one who helped, along with John Jay social standards in the WTO. Despite not be more correct—that we have and James Madison, to write those, if I claims that a market economy is given up our right to amend the trade might use the word, ‘‘immortal’’ pa- bringing democracy to China, the U.S. agreements. But we did that in the pers, the Federalist Papers. He helped State Department’s 1999 human rights aftermath of the disastrous experience, to win the approval of the State of New report on China concludes that the Chi- which was the Smoot-Hawley Tariff York for the Constitution. nese Government’s ‘‘poor human rights Act of 1930. If you were to make a list There is no one with whom I would record deteriorated markedly through- of five events that led to the Second rather, very honestly, discuss this par- out the year, as the government inten- World War, Smoot-Hawley would be ticular subject in the Senate than the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8066 CONGRESSIONAL RECORD — SENATE September 6, 2000 Senator from New York because I am I yield the floor, and I suggest the ab- place in our national policy and in our so opposed to the view that he has just sence of a quorum. discussions about directions and prior- expressed. I am so opposed to it. I could The PRESIDING OFFICER. The ities. with much greater passion say that if clerk will call the roll. To my utter amazement, however, it were someone else. The assistant legislative clerk called JOE LIEBERMAN has been misunder- I respect the Senator. I admire him. the roll. stood, and even maligned by some. I know he was and is the great teacher. Mr. BYRD. Mr. President, I ask unan- My colleague, now a candidate for I wish I had had the good fortune to sit imous consent that the order for the the second highest office in the land, is in a class and listen to Senator MOY- quorum call be rescinded. not trying to force his religion or any NIHAN speak as a Professor. The PRESIDING OFFICER. Without religion down the throats of any un- I am proud to say that I had much to objection, it is so ordered. willing recipient. Nor is JOE LIEBER- do with Senator MOYNIHAN’s being a Mr. BYRD. Mr. President, inasmuch MAN claiming, at least I do not read his member of the Finance Committee, as as no Senator seeks recognition, and remarks in this way, that a person can- he also had to do with my becoming there is a little time remaining before not be moral if that person is not reli- majority leader. the Senate goes back to the appropria- gious—even though I have to say that But I am very, very much opposed to tions bill dealing with energy and George Washington made it clear that this approach. I am very, very much water, I ask unanimous consent that I without religion, morality cannot pre- opposed to and somewhat chagrined may speak for not to exceed 10 minutes vail; George Washington, in his Fare- and disappointed, I say with due apolo- without the time being charged against well Address. So, upon that authority I gies to my friend, at the philosophy time under the rule. would rest my case. JOE LIEBERMAN is which seems to govern the Senate at The PRESIDING OFFICER. Without simply saying that in trying to assure the moment with respect to this legis- objection, it is so ordered. that no one is coerced into embracing lation, with respect to not adopting f any one religion, or any religion, for amendments. that matter, the pendulum may have The distinguished Senator has had no FAITH AND POLITICS swung too far. JOE LIEBERMAN is sim- Mr. BYRD. Mr. President, I rise hesitancy whatever. He is not doing ply expressing his own, and many other today to congratulate Vice President something behind closed doors or under people’s views, that it sometimes ap- GORE on his particularly fine choice of the table or under the desk, but sitting pears that persons of religious faith are a running mate for the coming Fall it on front of the desk: This we are not allowed their full freedom to prac- election. doing and this is why we are doing it. tice and live their various faiths as He honestly believes that is the best JOE LIEBERMAN is an able Senator. their consciences dictate. He wants to for his country. I admire that. I respect More importantly, he is a sincere and have a national conversation about the Senator for that forthrightness. He thoughtful Senator. He really fits no that, and I applaud his courage, for it would not be otherwise but forthright. ideological sleeve, although some are is a subject easily misunderstood. I respect his reasons, therefor. How- already busily trying to label him. JOE Political correctness gets in the way ever, I cannot agree with him. I am to- LIEBERMAN is his own man, I believe. tally, absolutely, unchangeably, unal- He follows his own conscience, I am of all too many things in this country terably set in my viewpoint that this is confident of that, as even these early of ours. I am not a subscriber of polit- not the right thing to do; it is not in days of the Presidential campaign have ical correctness by any means, shape or accordance with the Constitution of already demonstrated. form. It has gotten in the way of an honest and open dialogue about how to the United States; it is not in accord- Senator LIEBERMAN has firmly ance with the wishes, the intentions of gripped the national political steering allow for the open expression of faith- the framers. So be it. I am not going to wheel, and he is bravely addressing one based values and practices for those argue that point. We will just disagree of the more fundamental issues before who want those things in their lives, and be as great friends as we have ever this Nation, namely the erosion of without infringing on the rights and been. And the Senator will win when faith-based values from public life and beliefs of those who don’t. we cast our final vote on this. His con- public policy and the consequences of In my humble opinion, we must, as a science will be clear and mine will be that regrettable loss. Nation have this dialogue. The pen- clear. On July 17, I took this Senate floor dulum has swung too far. The Framers My State has lost under these trade to express my own general concern and did not intend surely for a totally sec- agreements—GATT. Our country has alarm over the direction this nation ular society to be forced on the popu- lost under NAFTA. It is my under- seems to be taking when it comes to lace by government policy. They only standing that we have lost 440,000 spiritual values. My speech on that oc- wished for individuals to be free to em- workers in this country as a result of casion was aimed in particular at a re- brace whatever faith they wished, or NAFTA. Those are the statistics my cent Supreme Court decision regarding none at all, if they desired none. staff has been able to get from the ad- voluntary prayer at a high school foot- Prayer abounds throughout the ministration. ball game, but my remarks reflected speeches of our great men. References As I say, I will not belabor the point my long-held general view that the Su- to God virtually drip from our public further. I thank the distinguished Sen- preme Court has gone too far on such buildings, and invocations of the Cre- ator for leadership that he has given matters, and has increasingly misinter- ator’s blessing crop up at every impor- the Senate. He is a man who has al- preted the Framers intent regarding tant public gathering throughout our ways enjoyed the respect of his col- the establishment clause and perhaps history. We have wandered off the leagues whether he agrees or disagrees more to the point the free exercise Framers’ track on this, and we need to in a particular matter. He doesn’t go clause of the first amendment. work toward a better understanding of out of this Chamber and carry it with During my remarks, I called for a what was intended, what was to be pro- him. We all love him, and we will all Constitutional amendment which tected and why. hate to see him go. But I will say to might help to clarify the Framers’ in- I hope that our fine colleague, Mr. him, of his illustrious words that have tentions. I even wrote to both Presi- LIEBERMAN, continues to try to further been spoken in the Senate so many dential candidates, with the hope of fo- the conversation. Not to do so would be times, I have very carefully listened to cusing attention on the matter, and detrimental. I fear that the misunder- them, and they will never dim from my thereby starting a national conversa- standing about this issue is huge and memory. tion about the proper place of religion growing. There is a new sort of intoler- The PRESIDING OFFICER. The Sen- in our public life, in our political life, ance about religion that I find most ator from New York’s time has expired. in our country’s life. disturbing. It has become the thing we Mr. MOYNIHAN. I ask for an addi- My friend, JOE LIEBERMAN, has done don’t talk about, because it is not po- tional 1 minute to thank my illus- this Nation a great service by making litically correct, so many of us are trious, incomparable colleague for his his belief that faith-based principles driven into a closet. It is seen as a di- remarks. and religion must and ought to have a vider in our culture, instead of the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8067 force for good it certainly can and The PRESIDING OFFICER. Without America’s Northwest, which includes should be. objection, it is so ordered. Wyoming. Wyoming producers will Where we do not want to go, and Mrs. FEINSTEIN. I yield the floor, benefit from a broadening of the right where we have rapidly been heading, is and I suggest the absence of a quorum. to import and distribute imported toward an instituted governmental pol- The PRESIDING OFFICER. The products in China, and from wide tariff icy which is prejudiced against all reli- clerk will call the roll. cuts on a wide range of products. The assistant legislative clerk pro- gion. We need to think long and hard To illustrate, under the agreement, about this together, as a country. How ceeded to call the roll. Mr. THOMAS. Mr. President, I ask China has cut its tariff on beef from 45 sadly ironic it would be if, after over percent to 12 percent. It has cut its tar- 200 years, a nation grounded in religion unanimous consent that the order for the quorum call be rescinded. iff on pork from 20 percent to 12 per- and founded by religious men and cent. And, significantly for a great women, with shining faith-based ideals The PRESIDING OFFICER (Mr. VOINOVICH). Without objection, it is so number of my constituents in Sweet- about equality, fairness, freedom, and water County, it will reduce its exorbi- justice, and decades of effort to make ordered. Mr. THOMAS. What is the order of tant tariffs on soda ash—90 percent of those ideals a reality, wound up re- which is mined in Wyoming—from dou- flecting in its laws and policies a preju- business? The PRESIDING OFFICER. The Sen- ble-digits to 5.5 percent. dice against religion and religious peo- ate is in a postcloture situation on the ple. Passage of this bill means fewer bar- motion to proceed to the PNTR. riers to U.S. exports. Fewer barriers f f mean more exports, and more exports SENATOR DIANNE FEINSTEIN’S TO AUTHORIZE EXTENSION OF mean more jobs for Wyoming farmers, INJURY NONDISCRIMINATORY TREAT- ranchers, cattlemen and small business Mr. BYRD. Mr. President, I yield the MENT TO THE PEOPLE’S REPUB- owners. floor—I seek recognition again for 1 LIC OF CHINA—MOTION TO PRO- I don’t need to tell my colleagues minute simply to express my joy in CEED—Continued about the present sorry economic state seeing my friend and our illustrious, Mr. THOMAS. I will proceed with of many of our agricultural sectors and highly respected, and able colleague, small businesses. The key to their con- DIANNE FEINSTEIN, back with us on the PNTR on that basis. I thank the Chair. Mr. President, as chairman of the tinuing viability and growth is increas- floor today. We are sorry that misfor- Subcommittee on East Asian and Pa- ing their share of foreign markets. It is tune has for the moment seen fit to not cific Affairs of the Senate Foreign Re- for that principal reason that I support deal with her fairly, but in time all will lations Committee, I rise today in this bill and for China to go into the be corrected and I am sure she will be strong support of H.R. 4444, a bill to es- WTO. Clearly, it is going to be more just as always, as new. She is a fine tablish permanent normal trade rela- advantageous for us to deal with the Senator. She is a great friend of mine. tions with the People’s Republic of People’s Republic of China through I consider her to be someone we should China. this organization than on a unilateral all try to emulate. It might be very dif- Let me begin today by disposing of basis which we have done for the last ficult for some of us to emulate her. the principle argument offered by op- number of years. By the way, this same But we are proud of her, proud of the ponents of this bill—that this bill trade arrangement has been available work she does. I salute her today, and somehow is a ‘‘gift’’ to the PRC, a re- to them on an annual basis. I yield the floor. Mrs. FEINSTEIN. I thank the distin- ward. To hear the opponents of this bill Let me make one more observation guished Senator from West Virginia. I talk, you would think that we were on before moving on. Defeating the bill very much appreciate those comments. the losing end of this equation. will not keep the PRC out of the WTO. However, examining the basic facts Last Friday night, I took a tumble China will accede to that body regard- shows there is a fatal flaw in that as- down stone stairs and managed to have less of what we do this week, regardless sertion. Our markets are already open a compound fracture of my tibia and of whether or not we want it. We don’t to the Chinese and to Chinese goods; crack a couple of ribs, so I can’t say I have a veto over their admission, and the same is not true about our ability am none the worse for wear, but I we make it sound as if that is the case to enter China’s markets. This bill, and thank the Senator very much for his from time to time. the accompanying accession of China warm words. I greatly appreciate it. What defeating this bill will do, how- Mr. President, I ask unanimous con- to the WTO, changes that. This bill ever, will be to deny us the benefits of sent to speak for some time in morning opens up their markets to the United an open Chinese market, at least a business for the purposes of intro- States. This bill lowers tariff and non- more open Chinese market. It would ducing a bill. tariff barriers to our goods and serv- allow China to keep its doors closed. It The PRESIDING OFFICER. Without ices. This bill gives us a level playing would give our allies and competitors a objection, it is so ordered. field. In other words, it is a win-win huge advantage over us. The Senator from California is recog- situation for the United States. nized. It is estimated that in the first year I was there a while back, when we Mrs. FEINSTEIN. I thank the Chair. after this bill is enacted, and China ac- had a feud going on between the United (The remarks of Mrs. FEINSTEIN and cedes to the WTO, our trade with China States and China. They canceled large Mr. SPECTER pertaining to the intro- will increase by $14 billion; in other orders from Boeing and bought duction of S. 3007 are located in today’s words, almost double today’s volume. airbuses from France. That is the way RECORD under ‘‘Statements on Intro- And that translates into more jobs for the world has become. They can do duced Bills and Joint Resolutions.’’) U.S. workers and U.S. companies. that. It would set in stone our present Mrs. FEINSTEIN. I thank the Chair. To use my home State of Wyoming, trade regime where 40-percent tariffs I yield the floor and suggest the ab- as an example, which is not a large ex- are the norm, not the exception. That sence of a quorum. port State, China ranked as Wyoming’s is what would happen if we don’t pass The PRESIDING OFFICER. The 15th largest export destination in 1999; this bill. clerk will call the roll. These are not the only bases for my The assistant legislative clerk pro- that is up from 16th in 1998 and 19th in support. Unlike some of my colleagues, ceeded to call the roll. 1997. Our largest exports are agricul- Mrs. FEINSTEIN. Mr. President, I tural products, such as beef, grains, I believe China is changing for the bet- ask unanimous consent that the order and, in addition to that, minerals. ter and that admitting them to the for the quorum call be rescinded. Under this agreement, Wyoming WTO will, hopefully, speed that proc- The PRESIDING OFFICER. Without farmers and cattlemen will no longer ess. One has only to compare the China objection, it is so ordered. have to compete with export subsidies of 1978—the China of the Cultural Rev- Mrs. FEINSTEIN. Mr. President, China uses to make its agricultural olution, of Mao suits, and Marxism- under rule XXII of the Senate, I ask products unfairly competitive. China Leninism-Mao Zedong theory—with unanimous consent that my hour to has agreed to eliminate sanitary re- the China of 2000, the China of the eco- speak under cloture for the motion to quirements which are not based on nomic revolution, to see that changes proceed be yielded to Senator MOY- sound scientific bases and which act as are indeed both substantial and wide- NIHAN. artificial barriers to products from spread.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8068 CONGRESSIONAL RECORD — SENATE September 6, 2000 This is not to say that everything is cially in Taiwan, and the party line only have some 20 legislative days re- great there. That is not really part of were the sole topic of discussion. In maining in this session and a full plate the discussion. Of course, there are a Shanghai, bicycles were replaced by of domestic appropriations and legisla- number of things that need to be done. mopeds and more private cars. While tion with which to deal. It would be a The country continues to have an abys- Taiwan and ‘‘one China’’ were still top- herculean task under any cir- mal human rights record, to stifle po- ics of discussion, individuals I met cumstances, but this year makes it litical dissent, to subjugate Tibetans, there were more interested in talking more difficult because, of course, some to stridently attempt to cow Taiwan about trade, what they could do to fa- on the other side of the aisle are doing into submission. All these things con- cilitate economic change and growth. everything they can to stall the proc- tinue to go on. No one likes that, but In Guangzhou, there were fewer bicy- ess. We hope that won’t continue to that is not really the issue. The issue is cles or mopeds to be seen. Private cars, happen. how can we best bring about change. including BMW and Mercedes Benz, ap- There is not, realistically, enough There is no argument in this Senate peared to be the norm. Politics wasn’t time for a conference and to pass it as to whether China needs to change. talked about a great deal. back through both Houses. It is clear We all agree it does. I believe the real The lesson was quite clear. The es- the House fully supports the present issue is how do we effectuate that tablishment of the rudiments of a mar- unamended version. It passed by a vote change. Do we do it by continuing to ket economy coupled with trade with of 237–197. So does a vast majority of attempt to isolate China, as some the outside world leads to increased the members of the Senate Finance and Members would have us do, by pushing personal wealth and to increased per- Foreign Relations Committees, and so them away from us, or do we accom- sonal entrepreneurship. That in turn do I. plish the task by seeking to engage leads to an increased interest in and Mr. President, despite all the hyper- China, by drawing it further into the expectation of growth and certain basic bole about passage of H.R. 4444, it does community of nations, by giving its personal freedoms. We have seen that not mean we are selling out to the Chi- people an opportunity to see how oth- same development in Taiwan and nese, that we are telling them it is all ers live in the world and then become South Korea where authoritarian gov- right to proliferate, to abuse human impatient to make that transformation ernments have been replaced by thriv- rights, or to threaten Taiwan. It means for themselves? ing democracies over the last 20 years. we expect them to play by the same We can see that happening in a num- The same hopefully will happen with rules we do; we expect them to be a re- ber of places around the world. Is it too China. Once the genie is out of the bot- sponsible member of the world commu- slow? Sure. Isolating China off by itself tle, there is no putting it back. The nity, and we expect to be able to reap is to some a feel-good position, a solu- march toward an open democratic soci- the same benefits they do from an ever- tion for some people. Improve your ety will happen. The only question is expanding global economy. No more, human rights record or we will cut off how long it will take. no less. The bill is good for the United trade. Stop threatening Taiwan or we I am told by experts that in Asia it States, good for U.S. companies, good will cut off military exchanges. Stop probably takes a generational change for U.S. workers, and good for the U.S. selling military hardware to other before some of those things happen. I consumers. countries or we will cut off high-tech am sure that is true. I believe, how- In the final analysis, this is good for transfers. Do we want a policy that ever, that we do speed its pace by pass- China because it will undoubtedly makes us feel good or do we want ing this legislation. I also believe that bring about the kind of changes that something that works? Chinese accession will remove a major many would like to see in that coun- I don’t believe you can unilaterally irritant in our relationship. Whenever try, including many Chinese. Many isolate a country such as China. Cut off we have a disagreement with China Chinese would like to see democratiza- trade and the European Union is more over trade relations, be it intellectual tion, rule of law, and respect for basic than happy to step in, sell China property or market access or whatever, fundamental human rights. Airbuses, as I mentioned, in place of our reaction is to apply some unilat- For all these reasons, I urge my col- our Boeings. Cut off military-to-mili- eral sanctions on China, sanctions leagues to support the passage of H.R. tary exchanges and we lose the oppor- which only serve eventually to limit 4444. tunity to impress the PLA with the the rest of our relationship and our ex- Mr. SCHUMER. Mr. President, I rise vast superiority of our military while ports to that country. It is ineffective to echo the remarks made yesterday by improving increasing mutual distrust here and it has been ineffective other Chairman ROTH and also to concur among our two militaries. Cut off high- places. We have removed a number of with my friend and senior colleague tech transfers and Beijing simply gets those sanctions this year. from New York, PAT MOYNIHAN, regard- it somewhere else. Add that to the fact By bringing China into the WTO, we ing China’s compliance, or lack there- that foreign governments rarely react turn trade disputes from unilateral of, with the U.S.-China bilateral agree- kindly to ultimatums from other gov- into multilateral issues. We transform ment signed as part of China’s admis- ernments—take, for example, how we the dispute from ‘‘I said/he said’’ to one sion to the World Trade Organization. in the U.S. would react to another mediated by an independent inter- I am concerned that after laboriously country if they told us how to manage national body. We thereby lessen the working out a bilateral trade agree- our affairs—and I believe the unwork- irritation of bilateral affairs while at ment that addressed myriad economic ability of the ‘‘isolationist solution’’ the same time increasing the likeli- issues, China seems to be picking and becomes self-apparent. hood that China will find a remedy to choosing which aspects of the agree- Instead, I believe the best way to in- the problem. ment to follow and which to ignore. A fluence China is to engage it, to draw it For all those reasons, I support H.R. prime example is insurance. Under the inextricably into the world commu- 4444. bilateral agreement signed last Novem- nity, to expose it to the world of ideas. Before I close, let me add a word or ber, China agreed to preserve the exist- In 1995, on my first trip to China as two about possible amendments which ing market access currently enjoyed by subcommittee chairman the difference may be offered for consideration. Re- foreign insurance companies. In other that contacts and trade with the West gardless of their relative merit, I, as words, under the agreement, a foreign- made in the PRC were clearly evident. Senator ROTH, chairman of the Finance owned insurance company in China I have not traveled there over the Committee, and many others am would be able to continue to operate years as many people have, but just in strongly opposed to adding any amend- and to add new branches and sub- the last few years there has been great ments to the China PNTR bill. Any branches as a wholly-owned company change. Perfect? Absolutely not. More amendment will only have the effect of once China entered the WTO. Less than change is needed, of course. killing it for this year, since amending a year after this historic and pains- In Beijing, the vast majority of the would require it to be sent back to the taking agreement was signed, China is population was still riding bicycles. conference committee. Once in con- unilaterally rewriting the rules and There were, 5 years ago, very few pri- ference, it is unlikely the bill would treating these grandfathered compa- vate cars, and political questions, espe- emerge before we adjourn sine die. We nies like new entrants into the China

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8069 market. This puts the very companies That the following sums are appropriated, out stabilization measures at Galena, Alaska under that invested in China’s economic of any money in the Treasury not otherwise ap- the same terms and conditions as previous emer- growth at a competitive disadvantage propriated, for the fiscal year ending September gency bank stabilization work undertaken at to new entrants. 30, 2001, for energy and water development, and Galena, Alaska pursuant to Section 116 of Pub- for other purposes, namely: lic Law 99–190: Provided further, That with Fundamental to the foundation of $4,200,000 of the funds appropriated herein, the the U.S.-China bilateral agreement, to TITLE I DEPARTMENT OF DEFENSE—CIVIL Secretary of the Army, acting through the Chief China’s ascension into the WTO, and to of Engineers, is directed to continue construc- DEPARTMENT OF THE ARMY the possible establishment of Perma- tion of the Brunswick County Beaches, North nent Normal Trade Relations with CORPS OF ENGINEERS—CIVIL Carolina-Ocean Isle Beach portion in accord- China is the belief that agreements will The following appropriations shall be ex- ance with the General Reevaluation Report ap- be honored, not on a piecemeal basis, pended under the direction of the Secretary of proved by the Chief of Engineers on May 15, but fully. This ‘‘interpretation’’ by the the Army and the supervision of the Chief of 1998: Provided further, That the Secretary of the Engineers for authorized civil functions of the Army, acting through the Chief of Engineers, is Chinese government on insurance be- Department of the Army pertaining to rivers directed to use not to exceed $300,000 of funds gins to cast doubts about whether iron- and harbors, flood control, beach erosion, and appropriated herein to reimburse the City of clad agreements with China will truly related purposes. Renton, Washington, at full Federal expense, be completely and totally honored. GENERAL INVESTIGATIONS for mitigation expenses incurred for the flood I still intend on supporting PNTR for For expenses necessary for the collection and control project constructed pursuant to 33 China, but I am disappointed that study of basic information pertaining to river U.S.C. 701s at Cedar River, City of Renton, China appears to be backsliding on its and harbor, flood control, shore protection, and Washington, as a result of over-dredging by the agreement regarding insurance. I hope related projects, restudy of authorized projects, Army Corps of Engineers: Provided further, That the Secretary of the Army, acting through that the Chinese leadership will adhere miscellaneous investigations, and, when authorized by laws, surveys and detailed studies and the Chief of Engineers, may use Construction, to the agreements signed last year on plans and specifications of projects prior to con- General funding as directed in Public Law 105– insurance, and absent that, I hope the struction, $139,219,000, to remain available until 62 and Public Law 105–245 to initiate construc- Administration continues to apply expended. tion of an emergency outlet from Devils Lake, forceful pressure to see that China CONSTRUCTION, GENERAL North Dakota, to the Sheyenne River, except keeps its end of the bargain. That is For the prosecution of river and harbor, flood that the funds shall not become available unless the essence of free, fair and open trade. control, shore protection, and related projects the Secretary of the Army determines that an I yield the floor and suggest the ab- authorized by laws; and detailed studies, and emergency (as defined in section 102 of the Rob- plans and specifications, of projects (including ert T. Stafford Disaster Relief and Emergency sence of a quorum. Assistance Act (42 U.S.C. 5122)) exists with re- The PRESIDING OFFICER. The those for development with participation or under consideration for participation by States, spect to the emergency need for the outlet and clerk will call the roll. local governments, or private groups) authorized reports to Congress that the construction is The legislative clerk proceeded to or made eligible for selection by law (but such technically sound, economically justified, and call the roll. studies shall not constitute a commitment of the environmentally acceptable, and in compliance Mr. LEAHY. Mr. President, I ask Government to construction), $1,361,449,000, to with the National Environmental Policy Act of unanimous consent that the order for remain available until expended, of which such 1969 (42 U.S.C. 4321 et seq.): Provided further, the quorum call be rescinded. sums as are necessary for the Federal share of That the economic justification for the emer- The PRESIDING OFFICER. Without construction costs for facilities under the gency outlet shall be prepared in accordance Dredged Material Disposal Facilities program with the principles and guidelines for economic objection, it is so ordered. evaluation as required by regulations and proce- The Senator from Vermont is recog- shall be derived from the Harbor Maintenance Trust Fund, as authorized by Public Law 104– dures of the Army Corps of Engineers for all nized. 303; and of which such sums as are necessary flood control projects, and that the economic Mr. LEAHY. I thank the Chair. pursuant to Public Law 99–662 shall be derived justification be fully described, including the (The remarks of Mr. LEAHY per- from the Inland Waterways Trust Fund, for analysis of the benefits and costs, in the project taining to the introduction of S. 3011 one-half of the costs of construction and reha- plan documents: Provided further, That the are located in today’s RECORD under bilitation of inland waterways projects, includ- plans for the emergency outlet shall be reviewed ‘‘Statements on Introducted Bills and ing rehabilitation costs for the Lock and Dam and, to be effective, shall contain assurances Joint Resolutions.’’) 24, Mississippi River, Illinois and Missouri; Lock provided by the Secretary of State, after consultation with the International Joint Commis- Mr. LEAHY. Mr. President, I suggest and Dam 3, Mississippi River, Minnesota; Lon- don Locks and Dam; Kanawha River, West Vir- sion, that the project will not violate the re- the absence of a quorum. ginia; and Lock and Dam 12, Mississippi River, quirements or intent of the Treaty Between the The PRESIDING OFFICER. The Iowa projects; and of which funds are provided United States and Great Britain Relating to clerk will call the roll. for the following projects in the amounts speci- Boundary Waters Between the United States The bill clerk proceeded to call the fied: and Canada, signed at Washington January 11, roll. Indianapolis Central Waterfront, Indiana, 1909 (36 Stat. 2448; TS 548) (commonly known as Mr. SPECTER. Mr. President, I ask $4,000,000; the ‘‘Boundary Waters Treaty of 1909’’): Pro- unanimous consent that the order for Jackson County, Mississippi, $2,000,000; and vided further, That the Secretary of the Army Upper Mingo County (including Mingo Coun- shall submit the final plans and other docu- the quorum call be rescinded. ty Tributaries), Lower Mingo County (Kermit), ments for the emergency outlet to Congress: Pro- The PRESIDING OFFICER. Without Wayne County, and McDowell County, elements vided further, That no funds made available objection, it is so ordered. of the Levisa and Tug Forks of the Big Sandy under this Act or any other Act for any fiscal f River and Upper Cumberland River project in year may be used by the Secretary of the Army West Virginia, $4,100,000: to carry out the portion of the feasibility study ENERGY AND WATER DEVELOP- Provided, That no part of any appropriation of the Devils Lake Basin, North Dakota, au- MENT APPROPRIATIONS ACT, contained in this Act shall be expended or obli- thorized under the Energy and Water Develop- 2001 gated to begin Phase II on the John Day Draw- ment Appropriations Act, 1993 (Public Law 102– The PRESIDING OFFICER (Mr. down study or to initiate a study of the draw- 377), that addresses the needs of the area for down of McNary Dam unless authorized by law: stabilized lake levels through inlet controls, or SMITH of Oregon). Under the previous to otherwise study any facility or carry out any order, the hour of 6 p.m. having ar- Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is activity that would permit the transfer of water rived, the Senate will now resume con- directed hereafter to use available Construction, from the Missouri River Basin into Devils Lake. sideration of H.R. 4733, which the clerk General funds in addition to funding provided FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- will report. to Public Law 104–206 to complete design and TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- The legislative clerk read as follows: construction of the Red River Regional Visitors ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE A bill (H.R. 4733) making appropriations Center in the vicinity of Shreveport, Louisiana For expenses necessary for prosecuting work for energy and water development for the fis- at an estimated cost of $6,000,000: Provided fur- of flood control, and rescue work, repair, res- cal year ending September 30, 2001, and for ther, That section 101(b)(4) of the Water Re- toration, or maintenance of flood control other purposes. sources Development Act of 1996, is amended by projects threatened or destroyed by flood, as au- (On Tuesday, September 6, 2000, at striking ‘‘total cost of $8,600,000’’ and inserting thorized by law (33 U.S.C. 702a and 702g–1), in lieu thereof, ‘‘total cost of $15,000,000’’: Pro- $324,450,000, to remain available until expended: page S7985, the committee amendment vided further, That the Secretary of the Army, Provided, That the Secretary of the Army is di- was agreed to, as follows:) acting through the Chief of Engineers, is directed to complete his analysis and determina- Strike all after the enacting clause and in- rected to use $3,000,000 of the funds appro- tion of Federal maintenance of the Greenville sert the part printed in italic. priated herein for additional emergency bank Inner Harbor, Mississippi navigation project in

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8070 CONGRESSIONAL RECORD — SENATE September 6, 2000 accordance with Section 509 of the Water Re- ministrative appeals process: Provided further, 104–303, and any other specific project author- sources Development Act of 1996. That within 30 days of the enactment of this ity, shall be limited to credits and reimburse- OPERATION AND MAINTENANCE, GENERAL Act, the Secretary of the Army, acting through ments per project not to exceed $10,000,000 in For expenses necessary for the preservation, the Chief of Engineers, shall require all U.S. each fiscal year, and total credits and reim- operation, maintenance, and care of existing Army Corps of Engineers Divisions and Districts bursements for all applicable projects not to ex- river and harbor, flood control, and related to record the date on which a Section 404 indi- ceed $50,000,000 in each fiscal year. works, including such sums as may be necessary vidual permit application or nationwide permit SEC. 103. None of the funds made available in for the maintenance of harbor channels pro- notification is filed with the Corps of Engineers: this Act may be used to revise the Missouri vided by a State, municipality or other public Provided further, That the Corps of Engineers, River Master Water Control Manual when it is agency, outside of harbor lines, and serving es- when reporting permit processing times, shall made known to the Federal entity or official to sential needs of general commerce and naviga- track both the date a permit application is first which the funds are made available that such tion; surveys and charting of northern and received and the date the application is consid- revision provides for an increase in the spring- northwestern lakes and connecting waters; ered complete, as well as the reason that the ap- time water release program during the spring clearing and straightening channels; and re- plication is not considered complete upon first heavy rainfall and snow melt period in States moval of obstructions to navigation, submission. that have rivers draining into the Missouri River below the Gavins Point Dam. $1,862,471,000, to remain available until ex- FORMERLY UTILIZED SITES REMEDIAL ACTION pended, of which such sums as become available PROGRAM TITLE II in the Harbor Maintenance Trust Fund, pursu- For expenses necessary to clean up contami- DEPARTMENT OF THE INTERIOR ant to Public Law 99–662, may be derived from nation from sites throughout the United States CENTRAL UTAH PROJECT that Fund; and of which such sums as become resulting from work performed as part of the CENTRAL UTAH PROJECT COMPLETION ACCOUNT available from the special account established Nation’s early atomic energy program, For carrying out activities authorized by the by the Land and Water Conservation Act of $140,000,000, to remain available until expended. Central Utah Project Completion Act, 1965, as amended (16 U.S.C. 460l), may be de- GENERAL EXPENSES $38,724,000, to remain available until expended, rived from that account for construction, oper- For expenses necessary for general adminis- of which $19,158,000 shall be deposited into the ation, and maintenance of outdoor recreation tration and related functions in the Office of Utah Reclamation Mitigation and Conservation facilities: Provided, That the Secretary of the the Chief of Engineers and offices of the Divi- Account: Provided, That of the amounts depos- Army, acting through the Chief of Engineers, sion Engineers; activities of the Coastal Engi- ited into that account, $5,000,000 shall be con- from the funds provided herein for the operation neering Research Board, the Humphreys Engi- sidered the Federal contribution authorized by and maintenance of New York Harbor, New neer Center Support Activity, the Water Re- paragraph 402(b)(2) of the Central Utah Project York, is directed to prepare the necessary docu- sources Support Center, and headquarters sup- Completion Act and $14,158,000 shall be avail- mentation and initiate removal of submerged ob- port functions at the USACE Finance Center, able to the Utah Reclamation Mitigation and structions and debris in the area previously $152,000,000, to remain available until expended: Conservation Commission to carry out activities marked by the Ambrose Light Tower in the in- Provided, That no part of any other appropria- authorized under that Act. terest of safe navigation. tion provided in title I of this Act shall be avail- In addition, for necessary expenses incurred REGULATORY PROGRAM able to fund the activities of the Office of the in carrying out related responsibilities of the For expenses necessary for administration of Chief of Engineers or the executive direction Secretary of the Interior, $1,216,000, to remain available until expended. laws pertaining to regulation of navigable and management activities of the division of- waters and wetlands, $120,000,000, to remain fices: Provided further, That none of these BUREAU OF RECLAMATION available until expended: Provided, That the funds shall be available to support an office of For carrying out the functions of the Bureau Secretary of the Army, acting through the Chief congressional affairs within the executive office of Reclamation as provided in the Federal rec- of Engineers, is directed to use funds appro- of the Chief of Engineers. lamation laws (Act of June 17, 1902, 32 Stat. 388, priated herein to: (1) by March 1, 2001, supple- REVOLVING FUND and Acts amendatory thereof or supplementary ment the report, Cost Analysis For the 1999 Pro- Amounts in the Revolving fund are available thereto) and other Acts applicable to that Bu- posal to Issue and Modify Nationwide Permits, reau as follows: for the costs of relocating the U.S. Army Corps to reflect the Nationwide Permits actually issued of Engineers headquarters to office space in the WATER AND RELATED RESOURCES on March 9, 2000, including changes in the acre- General Accounting Office headquarters build- (INCLUDING TRANSFER OF FUNDS) age limits, preconstruction notification require- ing in Washington, D.C. For management, development, and restora- ments and general conditions between the rule tion of water and related natural resources and ADMINISTRATIVE PROVISIONS proposed on July 21, 1999, and the rule promul- for related activities, including the operation, Appropriations in this title shall be available gated and published in the Federal Register; (2) maintenance and rehabilitation of reclamation for official reception and representation ex- after consideration of the cost analysis for the and other facilities, participation in fulfilling penses (not to exceed $5,000); and during the 1999 proposal to issue and modify nationwide related Federal responsibilities to Native Ameri- permits and the supplement prepared pursuant current fiscal year the Revolving Fund, Corps of cans, and related grants to, and cooperative and to this Act and by September 30, 2001, prepare, Engineers, shall be available for purchase (not other agreements with, State and local govern- submit to Congress and publish in the Federal to exceed 100 for replacement only) and hire of ments, Indian tribes, and others, $655,192,000, to Register a Permit Processing Management Plan passenger motor vehicles. remain available until expended, of which by which the Corps of Engineers will handle the GENERAL PROVISIONS—CORPS OF ENGINEERS— $1,916,000 shall be available for transfer to the additional work associated with all projected in- CIVIL Upper Colorado River Basin Fund and creases in the number of individual permit ap- SEC. 101. Notwithstanding any other provi- $38,667,000 shall be available for transfer to the plications and preconstruction notifications re- sions of law, no fully allocated funding policy Lower Colorado River Basin Development Fund; lated to the new and replacement permits and shall be applied to projects for which funds are of which such amounts as may be necessary general conditions. The Permit Processing Man- identified in the Committee reports accom- may be advanced to the Colorado River Dam agement Plan shall include specific objective panying this Act under the Construction, Gen- Fund; of which $16,000,000 shall be for on-res- goals and criteria by which the Corps of Engi- eral; Operation and Maintenance, General; and ervation water development, feasibility studies, neers’ progress towards reducing any permit Flood Control, Mississippi River and Tribu- and related administrative costs under Public backlog can be measured; (3) beginning on De- taries, appropriation accounts: Provided, That Law 106–163; of which not more than 25 percent cember 31, 2001, and on a biannual basis there- the Secretary of the Army, acting through the of the amount provided for drought emergency after, report to Congress and publish in the Fed- Chief of Engineers, is directed to undertake assistance may be used for financial assistance eral Register, an analysis of the performance of these projects using continuing contracts, as au- for the preparation of cooperative drought con- its program as measured against the criteria set thorized in section 10 of the Rivers and Harbors tingency plans under Title II of Public Law 102– out in the Permit Processing Management Plan; Act of September 22, 1922 (33 U.S.C. 621). 250; and of which not more than $500,000 is for (4) implement a 1-year pilot program to publish SEC. 102. Agreements proposed for execution high priority projects which shall be carried out quarterly on the U.S. Army Corps of Engineer’s by the Assistant Secretary of the Army for Civil by the Youth Conservation Corps, as authorized Regulatory Program website all Regulatory Works or the United States Army Corps of Engi- by 16 U.S.C. 1706: Provided, That such transfers Analysis and Management Systems (RAMS) neers after the date of the enactment of this Act may be increased or decreased within the overall data for the South Pacific Division and North pursuant to section 4 of the Rivers and Harbor appropriation under this heading: Provided fur- Atlantic Division beginning within 30 days of Act of 1915, Public Law 64–291; section 11 of the ther, That of the total appropriated, the amount the enactment of this Act; and (5) publish in Di- River and Harbor Act of 1925, Public Law 68– for program activities that can be financed by vision Office websites all findings, rulings, and 585; the Civil Functions Appropriations Act, the Reclamation Fund or the Bureau of Rec- decisions rendered under the administrative ap- 1936, Public Law 75–208; section 215 of the Flood lamation special fee account established by 16 peals process for the Corps of Engineers Regu- Control Act of 1968, as amended, Public Law 90– U.S.C. 460l–6a(i) shall be derived from that latory Program as established in Public Law 483; sections 104, 203, and 204 of the Water Re- Fund or account: Provided further, That funds 106–60: Provided further, That, through the pe- sources Development Act of 1986, as amended contributed under 43 U.S.C. 395 are available riod ending on September 30, 2003, the Corps of (Public Law 99–662); section 206 of the Water until expended for the purposes for which con- Engineers shall allow any appellant to keep a Resources Development Act of 1992, as amended, tributed: Provided further, That funds advanced verbatim record of the proceedings of the ap- Public Law 102–580; section 211 of the Water Re- under 43 U.S.C. 397a shall be credited to this ac- peals conference under the aforementioned ad- sources Development Act of 1996, Public Law count and are available until expended for the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8071 same purposes as the sums appropriated under primarily for leasing of water for specified TITLE III this heading: Provided further, That funds drought related purposes from willing lessors, in DEPARTMENT OF ENERGY available for expenditure for the Departmental compliance with existing State laws and admin- ENERGY PROGRAMS Irrigation Drainage Program may be expended istered under State water priority allocation. ENERGY SUPPLY by the Bureau of Reclamation for site remedi- Such leases may be entered into with an option ation on a non-reimbursable basis: Provided fur- to purchase: Provided, That such purchase is (INCLUDING TRANSFER OF FUNDS) ther, That section 301 of Public Law 102–250, approved by the State in which the purchase For Department of Energy expenses including Reclamation States Emergency Drought Relief takes place and the purchase does not cause the purchase, construction and acquisition of Act of 1991, as amended, is amended further by economic harm within the State in which the plant and capital equipment, and other ex- inserting ‘‘2000, and 2001’’ in lieu of ‘‘and 2000’’: purchase is made. penses necessary for energy supply, and ura- Provided further, That the amount authorized nium supply and enrichment activities in car- for Indian municipal, rural, and industrial GENERAL PROVISION rying out the purposes of the Department of En- ergy Organization Act (42 U.S.C. 7101 et seq.), water features by section 10 of Public Law 89– SEC. 203. (a) For fiscal year 2001 and each fis- 108, as amended by section 8 of Public Law 99– cal year thereafter, the Secretary of the Interior including the acquisition or condemnation of 294, section 1701(b) of Public Law 102–575, Pub- shall continue the funding of monitoring and any real property or any facility or for plant or facility acquisition, construction, or expansion; lic Law 105–245, and Public Law 106–60 is in- research, as authorized by section 1807 of the and the purchase of not to exceed 17 passenger creased by $2,000,000 (October 1998 prices): Pro- Grand Canyon Protection Act of 1992 (106 Stat. motor vehicles for replacement only, $691,520,000 vided further, That the amount authorized for 4672), at not more than $7,687,000, adjusted to to remain available until September 30, 2002, of Minidoka Project North Side Pumping Division, reflect changes in the Consumer Price Index for which $12,000,000 shall be derived by transfer Idaho, by section 5 of Public Law 81–864, is in- All Urban Consumers published by the Bureau from the United States Enrichment Corporation creased by $2,805,000: Provided further, That the of Labor Statistics of the Department of Labor. Reclamation Safety of Dams Act of 1978 (43 Fund: Provided, That, in addition, royalties re- U.S.C. 509) is amended as follows: (1) by insert- (b) The activities to be funded as provided ceived to compensate the Department of Energy ing in Section 4(c) after ‘‘1984,’’ and before under subsection (a) include activities required for its participation in the First-Of-A-Kind-En- ‘‘costs’’ the following: ‘‘and the additional to meet the requirements of subsections (a) and gineering program shall be credited to this ac- $95,000,000 further authorized to be appro- (b) of section 1805 of the Grand Canyon Protec- count to be available until September 30, 2002 priated by amendments to that Act in 2000,’’; (2) tion Act of 1992 (106 Stat. 4672), including the for the purposes of Nuclear Energy, Science and by inserting in Section 5 after ‘‘levels),’’ and be- requirements of the Biological Opinion on the Technology activities. fore ‘‘plus’’ the following: ‘‘and, effective Octo- Operation of Glen Canyon Dam and activities NON-DEFENSE ENVIRONMENTAL MANAGEMENT ber 1, 2000, not to exceed an additional required by the Programmatic Agreement on For Department of Energy expenses, including $95,000,000 (October 1, 2000, price levels),’’; and Cultural and Historic Properties. the purchase, construction and acquisition of (3) by striking ‘‘sixty days (which’’ and all that (c) To the extent that funding under sub- plant and capital equipment and other expenses follows through ‘‘day certain)’’ and inserting in section (a) is insufficient to pay the costs of the necessary for non-defense environmental man- lieu thereof ‘‘30 calendar days’’. monitoring and research, the Secretary of the agement activities in carrying out the purposes BUREAU OF RECLAMATION LOAN PROGRAM Interior may use funds appropriated to carry of the Department of Energy Organization Act ACCOUNT out section 8 of the Act of April 11, 1956 (com- (42 U.S.C. 7101 et seq.), including the acquisition For the cost of direct loans and/or grants, monly known as the ‘‘Colorado River Storage or condemnation of any real property or any fa- $8,944,000, to remain available until expended, Project Act’’) (43 U.S.C. 620g), to pay those cility or for plant or facility acquisition, con- as authorized by the Small Reclamation Projects costs. struction or expansion, $309,141,000, to remain available until expended. Act of August 6, 1956, as amended (43 U.S.C. SEC. 204. Effective for fiscal year 2000, and URANIUM ENRICHMENT DECONTAMINATION AND 422a–422l): Provided, That such costs, including each subsequent fiscal year, notwithstanding DECOMMISSIONING FUND the cost of modifying such loans, shall be as de- any other provision of law, no funds appro- For necessary expenses in carrying out ura- fined in section 502 of the Congressional Budget priated in this or any other act shall be ex- nium enrichment facility decontamination and Act of 1974, as amended: Provided further, That pended to implement the policies articulated in decommissioning, remedial actions and other ac- these funds are available to subsidize gross obli- the memorandum dated June 19, 2000, con- tivities of title II of the Atomic Energy Act of gations for the principal amount of direct loans cerning the Middle Rio Grande Project, written 1954 and title X, subtitle A of the Energy Policy not to exceed $27,000,000. by the Solicitor of the Department of the Inte- Act of 1992, $297,778,000, to be derived from the In addition, for administrative expenses nec- rior to the Commissioner of the Bureau of Rec- Fund, to remain available until expended: Pro- essary to carry out the program for direct loans lamation and the Director of the Fish and Wild- vided, That $30,000,000 of amounts derived from and/or grants, $425,000, to remain available life Service, and the legal analysis referenced in the Fund for such expenses shall be available in until expended: Provided, That of the total sums the memorandum or any subsequent rec- accordance with title X, subtitle A, of the En- appropriated, the amount of program activities ommendations, directives or other correspond- ergy Policy Act of 1992. that can be financed by the Reclamation Fund ence including a letter referenced ALB–105 shall be derived from that Fund. ENV–4.00, dated July 6, 2000, to the Chief Exec- SCIENCE CENTRAL VALLEY PROJECT RESTORATION FUND utive Officer of the Middle Rio Grande Conser- For Department of Energy expenses including For carrying out the programs, projects, vancy District from the Albuquerque Area Man- the purchase, construction and acquisition of plans, and habitat restoration, improvement, ager of the Bureau of Reclamation addressing plant and capital equipment, and other ex- and acquisition provisions of the Central Valley the issues raised by this Solicitor’s memorandum penses necessary for science activities in car- Project Improvement Act, $38,382,000, to be de- except as may be provided in an agreement en- rying out the purposes of the Department of En- rived from such sums as may be collected in the tered into by all affected holders of water rights ergy Organization Act (42 U.S.C. 7101 et seq.), Central Valley Project Restoration Fund pursu- within the Middle Rio Grande Conservancy Dis- including the acquisition or condemnation of ant to sections 3407(d), 3404(c)(3), 3405(f), and trict and which agreement has been approved by any real property or facility or for plant or fa- 3406(c)(1) of Public Law 102–575, to remain the New Mexico State Engineer, or as may be re- cility acquisition, construction, or expansion, available until expended: Provided, That the quired by a final non-appealable court order. and purchase of not to exceed 58 passenger Bureau of Reclamation is directed to assess and motor vehicles for replacement only, collect the full amount of the additional mitiga- Effective for fiscal year 2000, and each subse- $2,870,112,000, to remain available until ex- tion and restoration payments authorized by quent fiscal year, notwithstanding any other pended: Provided, That notwithstanding any section 3407(d) of Public Law 102–575. provision of law, no funds appropriated in this other provision of law, not to exceed $51,163,000 POLICY AND ADMINISTRATION or any other Act shall be expended to implement of the funds appropriated herein may be obli- For necessary expenses of policy, administra- the policies, recommendations and directives ar- gated for the Small Business Innovation Re- tion, and related functions in the office of the ticulated in a letter referenced ENV–4.00, ALB– search program and not to exceed $3,069,000 of Commissioner, the Denver office, and offices in 105, dated June 29, 2000, to the Chairman of the the funds appropriated herein may be obligated the five regions of the Bureau of Reclamation, Board of Directors for the Fort Sumner Irriga- for the Small Business Technology Transfer pro- to remain available until expended, $50,224,000, tion District from the Albuquerque Area Man- gram. to be derived from the Reclamation Fund and be ager of the Bureau of Reclamation regarding NUCLEAR WASTE DISPOSAL nonreimbursable as provided in 43 U.S.C. 377: the Fort Sumner Diversion Dam Water Oper- For nuclear waste disposal activities to carry Provided, That no part of any other appropria- ations except as may be provided in an agree- out the purposes of Public Law 97–425, as tion in this Act shall be available for activities ment entered into by all affected holders of amended, including the acquisition of real prop- or functions budgeted as policy and administra- water rights within the Fort Sumner Irrigation erty or facility construction or expansion, tion expenses. District and which agreement has been ap- $59,175,000, to remain available until expended proved by the New Mexico State Engineer, or as ADMINISTRATIVE PROVISIONS and to be derived from the Nuclear Waste Fund: may be required by a final non-appealable court SEC. 201. Appropriations for the Bureau of Provided, That not to exceed $2,500,000 may be order. Reclamation shall be available for purchase of provided to the State of Nevada solely for ex- not to exceed four passenger motor vehicles for SEC. 205. Section 202 of Division B, Title I, penditures, other than salaries and expenses of replacement only. Chapter 2 of Public Law 106–246 is amended by State employees, to conduct scientific oversight SEC. 202. Funds under this title for Drought adding at the end the following: ‘‘This section responsibilities pursuant to the Nuclear Waste Emergency Assistance shall be made available shall be effective through September 30, 2001.’’. Policy Act of 1982, (Public Law 97–425) as

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8072 CONGRESSIONAL RECORD — SENATE September 6, 2000 amended: Provided further, That not to exceed passenger motor vehicles (not to exceed 12 for re- the Department of Energy Organization Act (42 $5,887,000 may be provided to affected units of placement only), $4,883,289,000, to remain avail- U.S.C. 7101 et seq.), including the acquisition or local governments, as defined in Public Law 97– able until expended. condemnation of any real property or any facil- 425, to conduct appropriate activities pursuant DEFENSE NUCLEAR NONPROLIFERATION ity or for plant or facility acquisition, construc- to the Act: Provided further, That the distribu- For Department of Energy expenses, including tion, or expansion, $579,463,000, to remain avail- tion of the funds as determined by the units of the purchase, construction and acquisition of able until expended, of which $17,000,000 shall local government shall be approved by the De- plant and capital equipment and other inci- be for the Department of Energy Employees partment of Energy: Provided further, That the dental expenses necessary for atomic energy de- Compensation Initiative upon enactment of au- funds for the State of Nevada shall be made fense, Defense Nuclear Nonproliferation activi- thorization legislation into law. solely to the Nevada Division of Emergency ties, in carrying out the purposes of the Depart- DEFENSE NUCLEAR WASTE DISPOSAL Management by direct payment and units of ment of Energy Organization Act (42 U.S.C. 7101 For nuclear waste disposal activities to carry local government by direct payment: Provided et seq.), including the acquisition or condemna- out the purposes of Public Law 97–425, as further, That within 90 days of the completion tion of any real property or any facility or for amended, including the acquisition of real prop- of each Federal fiscal year, the Nevada Division plant or facility acquisition, construction, or ex- erty or facility construction or expansion, of Environmental Management and the Gov- pansion, $908,967,000, to remain available until $292,000,000, to remain available until expended. ernor of the State of Nevada and each local en- expended: Provided, That not to exceed $5,000 POWER MARKETING ADMINISTRATIONS tity shall provide certification to the Depart- may be used for official reception and represen- BONNEVILLE POWER ADMINISTRATION FUND ment of Energy, that all funds expended from tation expenses for national security and non- Expenditures from the Bonneville Power Ad- such payments have been expended for activities proliferation (including transparency) activities ministration Fund, established pursuant to Pub- authorized by Public Law 97–425. Failure to in fiscal year 2001. lic Law 93–454, are approved for the Nez Perce provide such certification shall cause such enti- NAVAL REACTORS Tribe Resident Fish Substitution Program, the ty to be prohibited from any further funding For Department of Energy expenses, including Cour D’Alene Tribe Trout Production facility, provided for similar activities: Provided, That the purchase, construction and acquisition of and for official reception and representation ex- none of the funds herein appropriated may be: plant and capital equipment and other inci- penses in an amount not to exceed $1,500. (1) used directly or indirectly to influence legis- dental expenses necessary for atomic energy de- During fiscal year 2001, no new direct loan ob- lative action on any matter pending before Con- fense, Naval Reactor activities, in carrying out ligations may be made. Section 511 of the En- gress or a State legislature or for lobbying activ- the purposes of the Department of Energy Orga- ergy and Water Development Appropriations ity as provided in 18 U.S.C. 1913; (2) used for nization Act (42 U.S.C. 7101 et seq.), including Act, 1997 (Public Law 104–206), is amended by litigation expenses; or (3) used to support multi- the acquisition or condemnation of any real striking the last sentence and inserting, ‘‘This state efforts or other coalition building activities property or any facility or for plant or facility authority shall expire September 30, 2005.’’. inconsistent with the restrictions contained in acquisition, construction, or expansion, OPERATION AND MAINTENANCE, SOUTHEASTERN this Act: Provided further, That all proceeds $694,600,000, to remain available until expended. POWER ADMINISTRATION and recoveries by the Secretary in carrying out OFFICE OF THE ADMINISTRATOR For necessary expenses of operation and activities authorized by the Nuclear Waste Pol- For necessary expenses of the Office of the maintenance of power transmission facilities icy Act of 1982 in Public Law 97–425, as amend- Administrator of the National Nuclear Security and of marketing electric power and energy, in- ed, including but not limited to, any proceeds Administration, including official reception and cluding transmission wheeling and ancillary from the sale of assets, shall be available with- representation expenses (not to exceed $5,000), services, pursuant to the provisions of section 5 out further appropriation and shall remain $10,000,000, to remain available until expended. of the Flood Control Act of 1944 (16 U.S.C. 825s), available until expended. as applied to the southeastern power area, OTHER DEFENSE RELATED ACTIVITIES DEPARTMENTAL ADMINISTRATION $3,900,000, to remain available until expended; For salaries and expenses of the Department DEFENSE ENVIRONMENTAL RESTORATION AND in addition, notwithstanding the provisions of of Energy necessary for departmental adminis- WASTE MANAGEMENT 31 U.S.C. 3302, amounts collected by the South- tration in carrying out the purposes of the De- For Department of Energy expenses, including eastern Power Administration pursuant to the partment of Energy Organization Act (42 U.S.C. the purchase, construction and acquisition of Flood Control Act to recover purchase power 7101 et seq.), including the hire of passenger plant and capital equipment and other expenses and wheeling expenses shall be credited to this motor vehicles and official reception and rep- necessary for atomic energy defense environ- account as offsetting collections, to remain resentation expenses (not to exceed $35,000), mental restoration and waste management ac- available until expended for the sole purpose of $210,128,000, to remain available until expended, tivities in carrying out the purposes of the De- making purchase power and wheeling expendi- plus such additional amounts as necessary to partment of Energy Organization Act (42 U.S.C. tures as follows: for fiscal year 2001, up to cover increases in the estimated amount of cost 7101 et seq.), including the acquisition or con- $34,463,000; for fiscal year 2002, up to of work for others notwithstanding the provi- demnation of any real property or any facility $26,463,000; for fiscal year 2003, up to sions of the Anti-Deficiency Act (31 U.S.C. 1511 or for plant or facility acquisition, construction, $20,000,000; and for fiscal year 2004, up to et seq.): Provided, That such increases in cost of or expansion; and the purchase of 67 passenger $15,000,000. work are offset by revenue increases of the same motor vehicles for replacement only, OPERATION AND MAINTENANCE, SOUTHWESTERN or greater amount, to remain available until ex- $4,635,763,000, to remain available until ex- POWER ADMINISTRATION pended: Provided further, That moneys received pended: Provided, That any amounts appro- (INCLUDING TRANSFER OF FUNDS) by the Department for miscellaneous revenues priated under this heading that are used to pro- For necessary expenses of operation and estimated to total $128,762,000 in fiscal year 2001 vide economic assistance under section 15 of the maintenance of power transmission facilities may be retained and used for operating expenses Waste Isolation Pilot Plant Land Withdrawal and of marketing electric power and energy, and within this account, and may remain available Act (Public Law 102–579) shall be utilized to the for construction and acquisition of transmission until expended, as authorized by section 201 of extent necessary to reimburse costs of financial lines, substations and appurtenant facilities, Public Law 95–238, notwithstanding the provi- assurances required of a contractor by any per- and for administrative expenses, including offi- sions of 31 U.S.C. 3302: Provided further, That mit or license of the Waste Isolation Pilot Plant cial reception and representation expenses in an the sum herein appropriated shall be reduced by issued by the State of New Mexico. amount not to exceed $1,500 in carrying out the the amount of miscellaneous revenues received DEFENSE FACILITIES CLOSURE PROJECTS provisions of section 5 of the Flood Control Act during fiscal year 2001 so as to result in a final For expenses of the Department of Energy to of 1944 (16 U.S.C. 825s), as applied to the south- fiscal year 2001 appropriation from the General accelerate the closure of defense environmental western power area, $28,100,000, to remain avail- Fund estimated at not more than $81,366,000. management sites, including the purchase, con- able until expended; in addition, notwith- OFFICE OF THE INSPECTOR GENERAL struction and acquisition of plant and capital standing the provisions of 31 U.S.C. 3302, not to For necessary expenses of the Office of the In- equipment and other necessary expenses, exceed $4,200,000 in reimbursements, to remain spector General in carrying out the provisions of $1,082,297,000, to remain available until ex- available until expended: Provided, That the Inspector General Act of 1978, as amended, pended. amounts collected by the Southwestern Power Administration pursuant to the Flood Control $28,988,000, to remain available until expended. DEFENSE ENVIRONMENTAL MANAGEMENT Act to recover purchase power and wheeling ex- ATOMIC ENERGY DEFENSE ACTIVITIES PRIVATIZATION penses shall be credited to this account as off- NATIONAL NUCLEAR SECURITY ADMINISTRATION For Department of Energy expenses for privat- setting collections, to remain available until ex- WEAPONS ACTIVITIES ization projects necessary for atomic energy depended for the sole purpose of making purchase For Department of Energy expenses, including fense environmental management activities au- power and wheeling expenditures as follows: for the purchase, construction and acquisition of thorized by the Department of Energy Organiza- fiscal year 2001, up to $288,000; for fiscal year plant and capital equipment and other inci- tion Act (42 U.S.C. 7101 et seq.), $324,000,000, to 2002, up to $288,000; for fiscal year 2003, up to dental expenses necessary for atomic energy de- remain available until expended. $288,000; and for fiscal year 2004, up to $288,000. fense weapons activities in carrying out the pur- OTHER DEFENSE ACTIVITIES CONSTRUCTION, REHABILITATION, OPERATION AND poses of the Department of Energy Organization For Department of Energy expenses, including MAINTENANCE, WESTERN AREA POWER ADMINIS- Act (42 U.S.C. 7101 et seq.), including the acqui- the purchase, construction and acquisition of TRATION sition or condemnation of any real property or plant and capital equipment and other expenses For carrying out the functions authorized by any facility or for plant or facility acquisition, necessary for atomic energy defense, other de- title III, section 302(a)(1)(E) of the Act of Au- construction, or expansion; and the purchase of fense activities, in carrying out the purposes of gust 4, 1977 (42 U.S.C. 7152), and other related

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8073 activities including conservation and renewable (d) At least 60 days before a contract award, Department of Energy management and oper- resources programs as authorized, including of- amendment, or modification for which the Ad- ating contractor for travel costs of its employees ficial reception and representation expenses in ministrator of the National Nuclear Security Ad- under the contract only to the extent that the an amount not to exceed $1,500, $164,916,000, to ministration intends to grant such a waiver as contractor applies to its employees the same remain available until expended, of which provided in subsection (b), the Administrator rates and amounts as those that apply to Fed- $154,616,000 shall be derived from the Depart- shall submit to the Subcommittees on Energy eral employees under subchapter I of chapter 57 ment of the Interior Reclamation Fund: Pro- and Water Development of the Committees on of title 5, United States Code, or rates and vided, That of the amount herein appropriated, Appropriations of the House of Representatives amounts established by the Secretary of Energy. $5,950,000 is for deposit into the Utah Reclama- and the Senate a report notifying the sub- The Secretary of Energy may provide exceptions tion Mitigation and Conservation Account pur- committees of the waiver and setting forth the to the reimbursement requirements of this sec- suant to title IV of the Reclamation Projects Au- reasons for the waiver. tion as the Secretary considers appropriate. thorization and Adjustment Act of 1992: Pro- SEC. 302. (a) None of the funds appropriated SEC. 309. (a) None of the funds in this Act or vided further, That amounts collected by the by this Act under ‘‘Atomic Energy Defense Ac- any future Energy and Water Development Ap- Western Area Power Administration pursuant to tivities, National Nuclear Security Administra- propriations Act may be expended after Decem- the Flood Control Act of 1944 and the Reclama- tion’’ may be used to award, amend, or modify ber 31 of each year under a covered contract un- tion Project Act of 1939 to recover purchase a contract in a manner that deviates from the less the funds are expended in accordance with power and wheeling expenses shall be credited Federal Acquisition Regulation, unless the Ad- a Laboratory Funding Plan that has been ap- to this account as offsetting collections, to re- ministrator of the National Nuclear Security Ad- proved by the Administrator of the National Nu- main available until expended for the sole pur- ministration grants, on a case-by-case basis, a clear Security Administration. At the beginning pose of making purchase power and wheeling waiver to allow for such a deviation. The Ad- of each fiscal year, the Administrator shall issue expenditures as follows: for fiscal year 2001, up ministrator may not delegate the authority to directions to the laboratories for the programs, to $42,500,000; for fiscal year 2002, up to grant such a waiver. projects, and activities to be conducted in that $33,500,000; for fiscal year 2003, up to (b) At least 60 days before a contract award, fiscal year. The Administrator and the Labora- $30,000,000; and for fiscal year 2004, up to amendment, or modification for which the Ad- tories shall devise a Laboratory Funding Plan $20,000,000. ministrator intends to grant such a waiver, the that identifies the resources needed to carry out FALCON AND AMISTAD OPERATING AND Administrator shall submit to the Subcommittees these programs, projects, and activities. Funds MAINTENANCE FUND on Energy and Water Development of the Com- shall be released to the Laboratories only after For operation, maintenance, and emergency mittees on Appropriations of the House of Rep- the Administrator has approved the Laboratory costs for the hydroelectric facilities at the Fal- resentatives and the Senate a report notifying Funding Plan. The Administrator of the Na- con and Amistad Dams, $2,670,000, to remain the subcommittees of the waiver and setting tional Nuclear Security Administration may pro- available until expended, and to be derived from forth the reasons for the waiver. vide exceptions to this requirement as the Sec- the Falcon and Amistad Operating and Mainte- SEC. 303. None of the funds appropriated by retary considers appropriate. nance Fund of the Western Area Power Admin- this Act may be used to— (b) For purposes of this section, ‘‘covered con- istration, as provided in section 423 of the For- (1) develop or implement a workforce restruc- tract’’ means a contract for the management eign Relations Authorization Act, Fiscal Years turing plan that covers employees of the Depart- and operation of the following laboratories: 1994 and 1995. ment of Energy; or Lawrence Livermore National Laboratory, Los (2) provide enhanced severance payments or Alamos National Laboratory, and Sandia Na- FEDERAL ENERGY REGULATORY COMMISSION other benefits for employees of the Department tional Laboratories. SALARIES AND EXPENSES of Energy, under section 3161 of the National SEC. 310. Section 310(b) of Public Law 106–60 For necessary expenses of the Federal Energy Defense Authorization Act for Fiscal Year 1993 (113 Stat. 496) is amended by striking ‘‘Law- Regulatory Commission to carry out the provi- (Public Law 102–484; 106 Stat. 2644; 42 U.S.C. rence Livermore National Laboratory, Los Ala- sions of the Department of Energy Organization 7274h). mos National Laboratory, Oak Ridge National Act (42 U.S.C. 7101 et seq.), including services as SEC. 304. None of the funds appropriated by Laboratory, Pacific Northwest National Labora- authorized by 5 U.S.C. 3109, the hire of pas- this Act may be used to prepare or initiate Re- tory, and Sandia National Laboratories.’’ in senger motor vehicles, and official reception and quests For Proposals (RFPs) for a program if paragraph (b), and inserting ‘‘Oak Ridge Na- representation expenses (not to exceed $3,000), the program has not been funded by Congress. tional Laboratory, and Pacific Northwest Na- $175,200,000, to remain available until expended: (TRANSFERS OF UNEXPENDED BALANCES) tional Laboratory.’’. Provided, That notwithstanding any other pro- SEC. 311. None of the funds provided in this SEC. 305. The unexpended balances of prior vision of law, not to exceed $175,200,000 of reve- Act may be used to establish or maintain inde- appropriations provided for activities in this Act nues from fees and annual charges, and other pendent centers at a Department of Energy lab- may be transferred to appropriation accounts services and collections in fiscal year 2001 shall oratory or facility unless such funds have been for such activities established pursuant to this be retained and used for necessary 2001 expenses specifically identified in the budget submission. title. Balances so transferred may be merged in this account, and shall remain available until SEC. 312. None of the funds made available in with funds in the applicable established ac- expended: Provided further, That the sum here- this or any other Act may be used to restart the counts and thereafter may be accounted for as in appropriated from the General Fund shall be High Flux Beam Reactor. one fund for the same time period as originally reduced as revenues are received during fiscal SEC. 313. None of the funds in this Act may be enacted. year 2001 so as to result in a final fiscal year used to dispose of transuranic waste in the SEC. 306. Notwithstanding 41 U.S.C. 254c(a), 2001 appropriation from the General Fund esti- Waste Isolation Pilot Plant which contains con- the Secretary of Energy may use funds appro- mated at not more than $0. centrations of plutonium in excess of 20 percent priated by this Act to enter into or continue by weight for the aggregate of any material cat- GENERAL PROVISIONS—DEPARTMENT OF multi-year contracts for the acquisition of prop- egory on the date of the enactment of this Act, ENERGY erty or services under the head, ‘‘Energy Sup- or is generated after such date. SEC. 301. (a) None of the funds appropriated ply’’ without obligating the estimated costs as- SEC. 314. TERM OF OFFICE OF PERSON FIRST by this Act for Department of Energy programs sociated with any necessary cancellation or ter- APPOINTED AS UNDER SECRETARY FOR NUCLEAR may be used to award, amend, or modify a con- mination of the contract. The Secretary of En- SECURITY OF THE DEPARTMENT OF ENERGY. (a) tract in a manner that deviates from the Federal ergy may pay costs of termination or cancella- LENGTH OF TERM.—The term of office as Under Acquisition Regulation unless, on a case-by-case tion from— Secretary for Nuclear Security of the Depart- basis, a waiver to allow for such a deviation is (1) appropriations originally available for the ment of Energy of the first person appointed to granted. performance of the contract concerned; that position shall be three years. (b) The Administrator of the National Nuclear (2) appropriations currently available for pro- (b) EXCLUSIVE REASONS FOR REMOVAL.—The Security Administration shall have the exclusive curement of the type of property or services con- exclusive reasons for removal from office as waiver authority for activities under ‘‘Atomic cerned, and not otherwise obligated; or Under Secretary for Nuclear Security of the per- Energy Defense Activities, National Nuclear Se- (3) funds appropriated for those payments. son described in subsection (a) shall be ineffi- curity Administration’’ and may not delegate SEC. 307. Of the funds in this Act provided to ciency, neglect of duty, or malfeasance in office. the authority to grant such a waiver. The Sec- government-owned, contractor-operated labora- (c) POSITION DESCRIBED.—The position of retary of Energy shall have the exclusive waiver tories, up to 6 percent shall be available to be Under Secretary for Nuclear Security of the De- authority for all other activities which may not used for Laboratory Directed Research and De- partment of Energy referred to in this section is be delegated. velopment: Provided, That the funds in the En- the position established by subsection (c) of sec- (c) At least 60 days before a contract award, vironmental Management programs of the De- tion 202 of the Department of Energy Organiza- amendment, or modification for which the Sec- partment of Energy are available for Laboratory tion Act (42 U.S.C. 7132), as added by section retary intends to grant such a waiver as pro- Directed Research and Development. 3202 of the National Nuclear Security Adminis- vided for in subsection (b), the Secretary shall SEC. 308. (a) Of the funds appropriated by this tration Act (title XXXII of Public Law 106–65; submit to the Subcommittees on Energy and title to the Department of Energy, not more 113 Stat. 954)). Water Development of the Committees on Appro- than $200,000,000 shall be available for reim- SEC. 315. SCOPE OF AUTHORITY OF SECRETARY priations of the House of Representatives and bursement of management and operating con- OF ENERGY TO MODIFY ORGANIZATION OF NA- the Senate a report notifying the subcommittees tractor travel expenses. TIONAL NUCLEAR SECURITY ADMINISTRATION. (a) of the waiver and setting forth the reasons for (b) Funds appropriated by this title to the De- SCOPE OF AUTHORITY.—Subtitle A of the Na- the waiver. partment of Energy may be used to reimburse a tional Nuclear Security Administration Act (title

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8074 CONGRESSIONAL RECORD — SENATE September 6, 2000

XXXII of Public Law 106–65; 113 Stat. 957; 50 AND ENHANCEMENT OF FISH AND WILDLIFE, OFFICE OF INSPECTOR GENERAL U.S.C. 2401 et seq.) is amended by adding at the WITHIN RATES CHARGED BY THE BONNEVILLE (INCLUDING TRANSFER OF FUNDS) end the following new section: POWER ADMINISTRATION, TO THE RATE PERIOD For necessary expenses of the Office of In- ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY IN WHICH THE COSTS ARE INCURRED.—Notwith- spector General in carrying out the provisions of OF ENERGY TO MODIFY ORGANIZA- standing any other provision of this section, the Inspector General Act of 1978, as amended, TION OF ADMINISTRATION. rates established by the Administrator, under $5,500,000, to remain available until expended: ‘‘Notwithstanding the authority granted by this section shall recover costs for protection, Provided, That revenues from licensing fees, in- section 643 of the Department of Energy Organi- mitigation and enhancement of fish and wild- spection services, and other services and collec- zation Act (42 U.S.C. 7253) or any other provi- life, whether under the Pacific Northwest Elec- tions estimated at $5,500,000 in fiscal year 2001 sion of law, the Secretary of Energy may not es- tric Power Planning and Conservation Act or shall be retained and be available until ex- tablish, abolish, alter, consolidate, or dis- any other Act, not to exceed such amounts the pended, for necessary salaries and expenses in continue any organizational unit or component, Administrator forecasts will be expended during this account: Provided further, That the sum or transfer any function, of the Administration, the fiscal year 2002–2006 rate period, while pre- herein appropriated shall be reduced by the except as authorized by subsection (b) or (c) of serving the Administrator’s ability to establish amount of revenues received during fiscal year section 3291.’’. appropriate reserves and maintain a high Treas- 2001 so as to result in a final fiscal year 2001 ap- (b) CONFORMING AMENDMENTS.—Section 643 of ury payment probability for the subsequent rate propriation estimated at not more than $0. the Department of Energy Organization Act (42 period.’’. NUCLEAR WASTE TECHNICAL REVIEW BOARD U.S.C. 7253) is amended— SEC. 319. Notwithstanding any other law, and (1) by striking ‘‘The Secretary’’ and inserting without fiscal year limitation, each Federal SALARIES AND EXPENSES ‘‘(a) Subject to subsection (b), the Secretary’’; Power Marketing Administration is authorized (INCLUDING TRANSFER OF FUNDS) and to engage in activities and solicit, undertake For necessary expenses of the Nuclear Waste (2) by adding at the end the following new and review studies and proposals relating to the Technical Review Board, as authorized by Pub- subsection: lic Law 100–203, section 5051, $3,000,000, to be ‘‘(b) The authority of the Secretary to estab- formation and operation of a regional trans- derived from the Nuclear Waste Fund, and to lish, abolish, alter, consolidate, or discontinue mission organization. remain available until expended. any organizational unit or component of the TITLE IV National Nuclear Security Administration is INDEPENDENT AGENCIES TITLE V FISCAL YEAR 2000 SUPPLEMENTAL governed by the provisions of section 3219 of the APPALACHIAN REGIONAL COMMISSION National Nuclear Security Administration Act APPROPRIATIONS For expenses necessary to carry out the pro- (title XXXII of Public Law 106–65).’’. DEPARTMENT OF ENERGY grams authorized by the Appalachian Regional SEC. 316. PROHIBITION ON PAY OF PERSONNEL Development Act of 1965, as amended, for nec- ATOMIC ENERGY DEFENSE ACTIVITIES ENGAGED IN CONCURRENT SERVICE OR DUTIES IN- essary expenses for the Federal Co-Chairman CERRO GRANDE FIRE ACTIVITIES SIDE AND OUTSIDE NATIONAL NUCLEAR SECURITY and the alternate on the Appalachian Regional For necessary expenses for fiscal year 2000 to ADMINISTRATION. Subtitle C of the National Nu- remediate damaged Department of Energy facili- clear Security Administration Act (title XXXII Commission, for payment of the Federal share of ties and for other expenses associated with the of Public Law 106–65; 50 U.S.C. 2441 et seq.) is the administrative expenses of the Commission, Cerro Grande fire, $203,460,000, to remain avail- amended by adding at the end the following including services as authorized by 5 U.S.C. able until expended and to become available new section: 3109, and hire of passenger motor vehicles, $66,400,000, to remain available until expended. upon enactment: Provided, That the entire ‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL amount shall be available only to the extent an ENGAGED IN CONCURRENT SERVICE DEFENSE NUCLEAR FACILITIES SAFETY BOARD official budget request for $204,000,000, that in- OR DUTIES INSIDE AND OUTSIDE AD- SALARIES AND EXPENSES MINISTRATION. cludes designation of the entire amount of the For necessary expenses of the Defense Nuclear ‘‘(a) Except as otherwise expressly provided by request as an emergency requirement as defined Facilities Safety Board in carrying out activities statute, no funds authorized to be appropriated in the Balanced Budget and Emergency Deficit authorized by the Atomic Energy Act of 1954, as or otherwise made available for the Department Control Act of 1985, as amended, is transmitted amended by Public Law 100–456, section 1441, of Energy may be obligated or utilized to pay by the President to the Congress: Provided fur- $18,500,000, to remain available until expended. the basic pay of an officer or employee of the ther, That the entire amount is designated by Department of Energy who— DELTA REGIONAL AUTHORITY the Congress as an emergency requirement pur- ‘‘(1) serves concurrently in a position in the SALARIES AND EXPENSES suant to section 251(b)(2)(A) of the Balanced Administration and a position outside the Ad- For necessary expenses to establish the Delta Budget and Emergency Deficit Control Act of ministration; or Regional Authority and to carry out its activi- 1985, as amended. ‘‘(2) performs concurrently the duties of a po- ties, $20,000,000, to remain available until ex- TITLE VI sition in the Administration and the duties of a pended, subject to enactment of authorization RESCISSION position outside the Administration.’’ by law. ‘‘(b) The provision of this section shall take DEPARTMENT OF ENERGY effect 60 days after the date of enactment of this DENALI COMMISSION DEFENSE NUCLEAR WASTE DISPOSAL section.’’. For expenses of the Denali Commission in- (RESCISSION) SEC. 317. The Administrator of the National cluding the purchase, construction and acquisi- Of the funds appropriated in Public Law 104– Nuclear Security Administration may authorize tion of plant and capital equipment as nec- 46 for interim storage of nuclear waste, the plant manager of a covered nuclear weapons essary and other expenses, $30,000,000, to remain $85,000,000 are transferred to this heading and production plant to engage in research, develop- available until expended. are hereby rescinded. ment, and demonstration activities with respect NUCLEAR REGULATORY COMMISSION TITLE VII to the engineering and manufacturing capabili- SALARIES AND EXPENSES GENERAL PROVISIONS ties at such plant in order to maintain and en- For necessary expenses of the Commission in hance such capabilities at such plant: Provided, SEC. 701. None of the funds appropriated by carrying out the purposes of the Energy Reorga- That of the amount allocated to a covered nu- this Act may be used in any way, directly or in- nization Act of 1974, as amended, and the Atom- clear weapons production plant each fiscal year directly, to influence congressional action on ic Energy Act of 1954, as amended, including of- from amounts available to the Department of any legislation or appropriation matters pend- ficial representation expenses (not to exceed Energy for such fiscal year for national security ing before Congress, other than to communicate $15,000), $481,900,000, to remain available until programs, not more than an amount equal to 2 to Members of Congress as described in section expended: Provided, That of the amount appro- percent of such amount may be used for these 1913 of title 18, United States Code. priated herein, $21,600,000 shall be derived from activities: Provided further, That for purposes SEC. 702. (a) PURCHASE OF AMERICAN-MADE the Nuclear Waste Fund: Provided further, That of this section, the term ‘‘covered nuclear weap- EQUIPMENT AND PRODUCTS.—It is the sense of revenues from licensing fees, inspection services, ons production plant’’ means the following: the Congress that, to the greatest extent prac- (1) The Kansas City Plant, Kansas City, Mis- and other services and collections estimated at ticable, all equipment and products purchased souri. $457,100,000 in fiscal year 2001 shall be retained with funds made available in this Act should be (2) The Y–12 Plant, Oak Ridge, Tennessee. and used for necessary salaries and expenses in American-made. (3) The Pantex Plant, Amarillo, Texas. this account, notwithstanding 31 U.S.C. 3302, (b) NOTICE REQUIREMENT.—In providing fi- SEC. 318. LIMITING THE INCLUSION OF COSTS and shall remain available until expended: Pro- nancial assistance to, or entering into any con- OF PROTECTION OF, MITIGATION OF DAMAGE TO, vided further, That $3,200,000 of the funds here- tract with, any entity using funds made avail- AND ENHANCEMENT OF FISH AND WILDLIFE, in appropriated for regulatory reviews and as- able in this Act, the head of each Federal agen- WITHIN RATES CHARGED BY THE BONNEVILLE sistance to other Federal agencies and States cy, to the greatest extent practicable, shall pro- POWER ADMINISTRATION, TO THE RATE PERIOD shall be excluded from license fee revenues, not- vide to such entity a notice describing the state- IN WHICH THE COSTS ARE INCURRED. Section 7 of withstanding 42 U.S.C. 2214: Provided further, ment made in subsection (a) by the Congress. the Pacific Northwest Electric Power Planning That the sum herein appropriated shall be re- (c) PROHIBITION OF CONTRACTS WITH PERSONS and Conservation Act (16 U.S.C. 839e) is amend- duced by the amount of revenues received dur- FALSELY LABELING PRODUCTS AS MADE IN ed by adding at the end the following: ing fiscal year 2001 so as to result in a final fis- AMERICA.—If it has been finally determined by ‘‘(n) LIMITING THE INCLUSION OF COSTS OF cal year 2001 appropriation estimated at not a court or Federal agency that any person in- PROTECTION OF, MITIGATION OF DAMAGE TO, more than $24,800,000. tentionally affixed a label bearing a ‘‘Made in

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8075 America’’ inscription, or any inscription with ing vote relative to the Missouri River is: Can we use the best information the same meaning, to any product sold in or provision in the energy and water ap- available to us to manage the Missouri shipped to the United States that is not made in propriations bill, the Senate then pro- River, to manage it in a way that rec- the United States, the person shall be ineligible ceed to a vote on the adoption of the ognizes the sensitive balance that ex- to receive any contract or subcontract made with funds made available in this Act, pursuant motion to proceed on H.R. 4444, not- ists today—environmentally, industri- to the debarment, suspension, and ineligibility withstanding the provisions of rule ally, agriculturally, recreationally? procedures described in sections 9.400 through XXII. Can we take the best information we 9.409 of title 48, Code of Federal Regulations. The PRESIDING OFFICER. Without have available to us and put together SEC. 703. (a) None of the funds appropriated objection, it is so ordered. the best management plan recognizing or otherwise made available by this Act may be Mr. DOMENICI. Mr. President, I ask that balance? That is the essence of the used to determine the final point of discharge unanimous consent that with respect question before us. for the interceptor drain for the San Luis Unit to the energy and water appropriations My distinguished colleague from Mis- until development by the Secretary of the Inte- bill, all first-degree amendments must rior and the State of California of a plan, which souri, Senator BOND, has said: I don’t shall conform to the water quality standards of be filed at the desk by 6:30 p.m. this want the Corps of Engineers to alter the State of California as approved by the Ad- evening, with the exception of up to the manual that has been used now for ministrator of the Environmental Protection five amendments each to be filed by more than 40 years. His view is that the Agency, to minimize any detrimental effect of Senator DOMENICI of New Mexico and manual that was written in the 1950s the San Luis drainage waters. Senator REID of Nevada, and those be and adopted in approximately 1960 (b) The costs of the Kesterson Reservoir filed no later than 7:30 p.m. tonight, ought to be the manual that we use Cleanup Program and the costs of the San Joa- and that all first-degree amendments from here on out, and he wants to stop quin Valley Drainage Program shall be classi- be subject to relevant second-degree fied by the Secretary of the Interior as reimburs- in its tracks any effort to consider able or nonreimbursable and collected until amendments. whether or not the Missouri River fully repaid pursuant to the ‘‘Cleanup Pro- The PRESIDING OFFICER. Without management reflects today that sen- gram—Alternative Repayment Plan’’ and the objection, it is so ordered. sitive balance. ‘‘SJVDP—Alternative Repayment Plan’’ de- Mr. DOMENICI. Mr. President, I note I think it is wrong to say to the scribed in the report entitled ‘‘Repayment Re- the presence of the distinguished Sen- Corps of Engineers—to say to any Fed- port, Kesterson Reservoir Cleanup Program and ator from the State of Missouri, Mr. eral agency—we don’t want you to look San Joaquin Valley Drainage Program, Feb- BOND. I say to the Senate, since the at the facts. We don’t want you to look ruary 1995’’, prepared by the Department of the amendment that we are now going to at the information. We don’t want you Interior, Bureau of Reclamation. Any future ob- take up for up to 3 hours this evening ligations of funds by the United States relating to take into account that delicate bal- to, or providing for, drainage service or drain- has to do with the upper and lower Mis- ance. We want you to blindly follow age studies for the San Luis Unit shall be fully souri River debate, I am not going to whatever decisions you made in 1960—I reimbursable by San Luis Unit beneficiaries of manage any of that. I am going to let might add, before even all the dams on such service or studies pursuant to Federal Rec- the management be in the hands of the Missouri River were built—and we lamation law. Senator KIT BOND, if he does not mind, want you to follow that verbatim. SEC. 704. Section 6101(a)(3) of the Omnibus in my stead. I join him in his effort. He We can’t afford to do that. The deci- Budget Reconciliation Act of 1990, as amended knows that. But nonetheless, it is his (42 U.S.C. 2214(a)(3)) and Public Law 106–60 sions that we make on the Missouri af- issue. I prefer to have him managing it. fect the decisions we make on the Mis- (113 Stat. 501), is further amended by striking Mr. DASCHLE. Mr. President I sug- ‘‘September 30, 2000’’ and inserting ‘‘September sissippi and on virtually every other 30, 2001’’. gest the absence of a quorum. river in this country. For us to freeze SEC. 705. None of the funds appropriated by The PRESIDING OFFICER. The in place whatever decisions may have this Act shall be used to propose or issue rules, clerk will call the roll. been made decades ago, and say it must regulations, decrees, or orders for the purpose of The assistant legislative clerk pro- not change, is putting our head in the implementation, or in preparation for implemen- ceeded to call the roll. sand and, I must say, endangering the tation, of the Kyoto Protocol which was adopted Mr. DASCHLE. Mr. President, I ask health and the very essence of the river on December 11, 1997, in Kyoto, Japan at the unanimous consent that the order for for years, if not decades, to come. Third Conference of the Parties to the United the quorum call be rescinded. It was in 1804 that Meriwether Lewis Nations Framework Convention on Climate The PRESIDING OFFICER. Without and William Clark set out on their Change, which has not been submitted to the objection, it is so ordered. Senate for advice and consent to ratification Corps of Discovery expedition to ex- AMENDMENT NO. 4081 pursuant to article II, section 2, clause 2, of the plore the Missouri River and search for Mr. DASCHLE. Mr. President, I have United States Constitution, and which has not a passage to the Pacific Ocean. entered into force pursuant to article 25 of the an amendment at the desk and ask for Stephen Ambrose wrote an extraor- Protocol. its immediate consideration. dinary book, ‘‘Undaunted Courage,’’ SEC. 706. (a) Sections 5105, 5106 and 5109 of The PRESIDING OFFICER. The that I just reread over the summer. I Division B of an Act making appropriations for clerk will report. military construction, family housing, and base The assistant legislative clerk read must say, I do not know that there is realignment and closure for the Department of as follows: a better book about what they found Defense for the fiscal year ending September 30, and the splendor that they discovered The Senator from South Dakota [Mr. 2001, and for other purposes (Public Law 106– having traversed the entire Missouri DASCHLE], for Mr. BAUCUS, for himself, Mr. 246), are repealed. River. (b) Subsection (a) shall take effect on the date DASCHLE, and Mr. JOHNSON, proposes an amendment numbered 4081. Along this expedition, Lewis and of enactment of this Act. Clark encountered a wild river, teem- This Act may be cited as the ‘‘Energy and Mr. DASCHLE. Mr. President, I ask Water Development Appropriations Act, 2001’’. unanimous consent reading of the ing with fish and wildlife, that rose every spring to carry the snowmelt Pending: amendment be dispensed with. The PRESIDING OFFICER. Without from the Rocky Mountains and shrank Domenici amendment No. 4032, to strike back in the summer as part of the an- certain environmental-related provisions. objection, it is so ordered. Schumer/Collins amendment No. 4033, to The amendment is as follows: cient and natural flow cycle. That is establish a Presidential Energy Commission (Purpose: To strike the section relating to what the river did; that is what most to explore long- and short-term responses to revision of the Missouri River Master rivers do. domestic energy shortages in supply and se- Water Control Manual) Since that historic trip, we have con- vere spikes in energy prices. On page 58, strike lines 6 through 13. structed six major dams and we have The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. There forever changed the flow and the char- ator from New Mexico. are 3 hours of debate on this amend- acter of that river. The last earthen Mr. DOMENICI. Mr. President, I have ment. dam was completed during the admin- a request that the leader asked me to The Democratic leader. istration of John F. Kennedy. To man- make that has been cleared on both Mr. DASCHLE. I thank the Presiding age the dams, the Corps produced, in sides. Officer. 1960, as I noted a moment ago, a man- I ask unanimous consent that imme- Mr. President, this issue really has a agement plan, that we call the master diately following the Thursday morn- very fundamental premise. The issue manual. That manual caters primarily

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8076 CONGRESSIONAL RECORD — SENATE September 6, 2000 to barge traffic on the Missouri River But that is not even the question we officials to respond to the preliminary at the expense, virtually, of everything are facing tonight. There are those on revised draft of the environmental else, at the expense of fish and wildlife, the other side who have said: We don’t statement. Then we went on to the fish at the expense of agriculture, at the ex- care what factors are out there. We and wildlife consultation and biologi- pense of recreation, at the expense of don’t care what percentage is barge cal opinion phase, which some of our ecological considerations, at the ex- traffic. We will not even let the Corps colleagues on the other side of the aisle pense of the environment, at the ex- consider, even think about the possi- tried to stop just recently. They want- pense of people virtually north of the bility of changing the master manual, ed to kill that, to move it so we would State of Missouri. regardless of the facts. Don’t confuse not have the opportunity to consider What is amazing to me is that we do us with the facts. We are going to pro- very carefully what the scientists and this with the recognition that the tect the barge industry, and it does not biological experts have said about the barge industry today is minuscule, val- matter what the costs are. quality of life on the Missouri today. ued at $7 million—that is million with We will have to face extraordinarily They wanted to kill it. an ‘‘m’’—and it transports less than 1 problematic ramifications of this pro- Thanks to the Director of the Corps, percent of all agricultural goods trans- vision for all of these other very crit- Joe Westphal, and others, we are now ported in the upper Midwest. Talk ical priorities, including the ecology of in a position to at least hear what the about the tail wagging the dog. This is the river. Three endangered species are scientists have had to say, and we will the tip of the tail wagging the tail and headed towards extinction: the piping have that report by November 1. Fol- the dog. The legs, the head, you name plover, the least interior tern, and the lowing that, there will be a revised it, it is all wagging because of the tip pallid sturgeon. Two fish species are draft of the environmental impact of the tail. candidates for listing on the endan- statement. They will take into account These charts reflect the current cir- gered species list. But that isn’t the all of the comments made by those who cumstances on the river. This is the barge traffic that was first projected. only thing this fight is about. What are concerned on all sides. They will They thought, when they wrote the this fight is all about is whether or not take into account this coordination master manual, that about 12 million we can recognize the delicate balance and what comments public officials tons of traffic would be carried by that exists today. have made, in particular. They will barge on the river on an annual basis. This fight is not about endangered then take into account fish and wildlife That was the estimate when the man- species. This fight is about an endan- and biological opinions. ual was written in 1960. I was about 10 gered river. This fight is about whether When all of that has been gathered, years old, I suppose, when that manual or not the health of the Missouri can we will then revise the draft and make was written. The Corps, of course, did be secured. That is what this fight is available to the public a draft for addi- the best they could projecting what about. This fight is about restoring tional comment for 6 months. We then they thought would be the level of traf- balance to management of the river. see the final environmental impact fic, 12 million tons. But as oftentimes We will never go back to the days of statement after a 6-month tribal and is the case, they made a mistake. It Lewis and Clark, the pre-dam period. public comment period. Washington wasn’t 12 million tons. By 1977, it was That will never happen. But there are will then review all of those comments. only 3 million tons. And guess what. things we can do through good manage- A record of decision will be made and Current traffic is not 12, it is not 3, it ment that will give us the opportunity the revise of the master manual will is 1.5. That is all the traffic there is, 1.5 to make the river as vibrant as it can then be implemented. Those are all the million tons, representing three-tenths be. But we cannot do it if the current steps. of 1 percent of all agricultural traffic. provision in this bill stays intact and This is like a court of law. This is What is really amazing—as I said a becomes law. like any other legal process. There are moment ago, is that this is a classic Recognizing that, the question is a number of very important steps that example of the tip of the tail wagging whether or not we will let the Corps be we apply in all cases—in all cases the rest of the tail and all of the dog. the Corps, whether or not we will allow where difficult decisions involving crit- Look who has sacrificed. Navigation the Corps to go through the legal proc- ical public policy have to be made. We provides roughly $7 million in benefits ess involved in evaluating what is best make these steps for a reason. We want annually, compared to $85 million in for the river and change the manage- public comment. We want scientific recreational benefits. It compares to ment plan to reflect a more fair bal- input, the best decisions from govern- $415 million in flood control, $542 mil- ance. mental leaders at all levels. We want to lion in water supply projects and prior- That is all we are asking. Let us do that with the full involvement in a ities of all kinds, and $677 million, two- come up with a plan that allows us in democracy of everyone who cares and thirds of $1 trillion, in hydropower. Yet the most complete way to analyze everyone who has some responsibility. we have written a manual, incredibly, what is happening to the river, what is But here is what happens. Under the that says we are going to let this min- best for the river, what can be done in provision currently in the bill, there is uscule $7 million industry dictate what Montana and the Dakotas and Iowa and a big red stop sign on this process. It is best for the 85, the 415, the 542, and Missouri and all the way up and down says: You are not going to do any of the $677 million. Figure that out. Who the Missouri River to ensure that the this. We are going to stop you in your in his right mind would say that some- health and vitality of that river can be tracks. We are not going to let you go how we ought to let that minuscule sustained and even improved upon. through that process. We are not going amount dictate what is best. Forget That is what the Corps is trying to do. to allow public comment and the array the ecological and environmental fac- What the Corps is simply trying to do of other opportunities for public in- tors for a moment. is to say, look, we can do a better job volvement. We are not going to have I go back to my original point. Barge than we did in the 1950s and 1960s in that process. It is over. That is what traffic today is three-tenths of 1 per- managing this river. We can reflect the this amendment says; that is what the cent. If I had not magnified this slice, new balance, and the recognition must provision in the bill says. you couldn’t even find it in this pie. be made that things have changed dra- So I have to say it is extraordinarily Roughly 99.7 percent of all agriculture matically since the fifties and sixties. damaging to the river to have this atti- produced in the Upper Midwest doesn’t We need to reflect that change in the tude. It is such an important issue in- go by barge. How does it go? It goes the master manual itself. volving so many priorities—environ- way the rest of the country. It goes by Here is the process; the process is mental, ecological, industrial, rec- rail and by truck. So why would we pretty simple. A preliminary draft of reational, agricultural—because it is threaten to throw even more out of kil- the EIS, environmental impact state- endangering the interests of our counter the ecological priorities of the river ment, was completed all the way back try in such a profound way on this by putting barge traffic first? Why in 1998. Following that, there was a co- river. This administration has said, would we endanger hydropower, water ordination and public comment period without equivocation, it will be vetoed supply, flood control, and recreation? I that lasted through January of 1999. if this provision is still in the bill. That cannot answer that question. That period allowed tribal and public is how strongly the administration

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8077 feels about it. It will be vetoed. So we have sufficient room to nest and so again depends in large measure on can play this game as long as our col- that the nests don’t get flooded. To whether or not we as Senators will leagues wish to do so. But let’s make prevent any potential downstream allow the Corps, the Fish and Wildlife one thing clear. This will not become flooding, the Corps, Fish and Wildlife Service, and all affected governmental law. This will not become law because Service, and others, have already authorities to recognize the impor- it is just too important. thought about addressing the concern tance of proper balance; to recognize I don’t fully appreciate the reasons of some downstream who are under- that what we decided to do in 1960 does my colleagues on the other side of the standably concerned about flooding. not now apply and should not be used aisle are opposed to even allowing the They would simply eliminate this plan to manage the river in the next cen- process to go forward, given what I from implementation during the 10 per- tury; to recognize that if we are going have said is this multistep opportunity cent highest flow years—eliminate it; to take all of the economic and envi- for careful consideration of all the op- it would not happen. Changes would ronmental concerns and put them in tions. But it goes down to, as I said in not be implemented during the 25 per- proper balance, we have to revise the the beginning, a need on the part of cent lowest flow ‘‘drought’’ years. manual. To say that the Corps will be some to protect this minuscule barge So this plan would not harm Mis- prohibited from doing so is just bad, industry regardless of all of its rami- sissippi River navigation. We have al- bad policy. fications on everything and everybody ready conceded that. This is the bal- We recognize that maybe the barge else. ance. This is an effort to try to find industry on the Missouri—not the Mis- But as I understand it, there are middle ground. We are going to say we sissippi barge industry—will be hurt by those on the other side who are op- will lop off the top 10 percent and the this. But we recognize that this minus- posed because they understand that top 25 percent; we will deal with those cule three-tenths of 1 percent should what has happened is that there has normal years in the middle. Once con- not dictate all of the other uses of this been some effort to find this new bal- sultation between the Corps and Fish river, or any river. We shouldn’t let the ance. This new balance is a recognition and Wildlife Service is completed, the tip of the tail wag the tail and the dog. of all of the different factors that need Corps then still will take into account But that is what is happening today. to be calculated, in part, through the other suggestions made during the pub- That is what this legislation would do. Fish and Wildlife Service and, in part, lic comment period. That is why it is so important that we through the Corps of Engineers and, in There are so many beneficiaries of strike it when we have the vote. That part, through States’ direct involve- this plan. Naturally, the river itself is is why I feel so strongly about this ment. the biggest beneficiary. issue. What has been proposed is that the The river itself—not species on the There is one other factor as we look Corps slightly revise its master manual river, not those living along the river, at the barge industry itself that is per- to increase spring flows, known as a not the States upstream, but the plexing. Barge benefits on the river ‘‘spring rise,’’ once every 3 years—not river—will be the prime beneficiary of economically are about $7 million. The every year, but once every 3 years they this effort. Why? For the reasons I subsidies to the barge industry last would increase the spring rise in an ef- have just stated—because we want to year exceeded the total benefits of the fort to attempt to bring back a natural find a way to bring balance back into industry itself. There is $8 million in flow, a natural rejuvenation of the the management. We want to find mid- subsidies to the barge industry even river as we have understood it prior to dle ground in an effort to recognize all recognizing that the industry gen- the time the dams were built. They uses on the river. erated $7 million in benefits. Not only would reduce summer flows, known as Downstream farmers will benefit do we have managerial concerns, not a ‘‘split season,’’ every year. from better drainage from fields during only do we have concerns reflecting the The spring rise and the split season the summertime. That is a given. The life and health of one of the most im- roughly mimic the natural flow of the public will have greater opportunities portant rivers in the United States of river, which increase in the spring due to recreate up and down the river. Even America, we ought to have taxpayer to snowmelt and sharply decline in the the Mississippi barge industry will ben- concerns. Why in Heaven’s name are we summer, beginning around July 1. It is efit from the changes that are being subsidizing a $7 million barge industry as Lewis and Clark found it. We can’t called on for the Missouri River. with an $8 million subsidy? That one I go back to Lewis and Clark. Nobody is I wish to take a few minutes to talk don’t understand. But that is why we suggesting that. What we are attempt- briefly about each of those benefits. are having this debate. ing to do, however, is to show once First, with regard to the river itself, I am very appreciative of the leader- again that there is this balance, this the combination of the spring rise and ship shown by the senior Senator from need to recognize that if we are going flood season will help restore the Montana, Mr. BAUCUS, who has been to keep the river healthy, we have to health of the river and recover from the preeminent environmentalist and allow it to do what it once did, prior to the dangerous imbalance that we have environmental leader, as ranking mem- the time the dams were built. This is with regard to all species on the river ber of the Committee on Environment the flow pattern under which native today. and Public Works. I am grateful for his species developed, which is absolutely According to the Fish and Wildlife presence on the floor, as well as my critical to their very survival—not just Service’s draft opinion and the Corps of colleague from South Dakota, Senator the three endangered species, but all Engineers’ revised draft environmental JOHNSON, who has been an extraor- species on the river. impact statement of 1998, high spring dinary advocate of the effort that we The spring rise is needed to scour flows will signal native fish species to have made now for several months to sandbars clean of vegetation so they spawn, flush detrital food into the ensure that the Missouri River has the can be used by endangered birds for river, inundate side channels for young future that it deserves. nesting habitat. fish habitat, and build up the sandbars I yield the floor. I retain the remain- The spring rise also signals native in the river channel for the tern and der of my time. fish species that it is time to spawn. plover nesting habitat, and provide a The PRESIDING OFFICER. The Sen- This is the green light. They see these greater area for the endangered birds ator from Missouri is recognized. spring rises, and that triggers to the to nest, as well as for all birds. Mr. BOND. Mr. President, I certainly species that they can spawn. When The 600-page draft of the Fish and concur with my friend from South Da- they don’t have that spring rise, the Wildlife Service opinion is based on kota on the great words he said about whole natural cycle is put out of hundreds of published peer review stud- Stephen Ambrose’s book, ‘‘Undaunted whack. That is what has been hap- ies. The opinion itself was a peer re- Courage.’’ I know the occupant of the pening year after year and decade after view by a panel of experts who sup- chair read it. A lot of the guys who decade. ported all of those conclusions. started out in my State wound up in The low summer flows, or split sea- The fact is that whether or not we the State of Oregon. It is truly a mas- son, exposes the sandbars during the give the Missouri River the chance to terful piece of work and a wonderful critical nesting time, so that the birds survive, to flourish, to be healthy piece of history.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8078 CONGRESSIONAL RECORD — SENATE September 6, 2000 I had a great, great, great, great- tinue. Analysis and public comment very strongly. It is not a complicated grandfather who was one of the fellows can continue. issue. It is certainly not a partisan who poled the barges up the river. He The provision is clear. It tells the issue. The Governor of Missouri is a wasn’t sufficiently outstanding to get U.S. Government that the ‘‘risky Democrat. The Democratic mayors of his name in the book. But it is quite an scheme’’ of increasing the height of the St. Louis and Kansas City support this honor to have somebody who went up river in the flood-prone spring months provision. The Southern Governors As- the river who was with Lewis and is one option and the only option that sociation supports this provision be- Clark. So I have been a great devotee cannot be implemented during the cause of the impact of the Missouri of the river and have followed it a good coming year because it is too dan- River on the Mississippi River and its bit. gerous. lower tributaries. I was really interested to hear the This is the fifth time that we have Make no mistake about it, the im- Senator from South Dakota talk about put forward this prohibition. It has pact of this spring flood is serious on what we were trying to do to hurt the been signed into law four times pre- the traffic on the Mississippi River. poor old river. The minority leader viously by this President. I ask unanimous consent to have claims the provision that he seeks to Why is it so important this year? Be- printed in the RECORD letters regarding strike would stop any changes in the cause the U.S. Fish and Wildlife Serv- this issue. Missouri River manual and would keep ice decided to short circuit the process, There being no objection, the letters the plans just as they have been for 50 to jump over all of the proceedings, the were ordered to be printed in the years. hearings, the studies, that the Corps of RECORD, as follows: So I thought to myself: Gee, that Engineers has carried out. SOUTHERN GOVERNORS’ ASSOCIATION, wasn’t the section that I put in. Maybe They issued what I guess is called in Washington, DC, August 29, 2000. they changed it somehow in the writ- an authoritarian, Communist govern- Hon. TRENT LOTT, ing of it. So I went back and read sec- ment, a diktat, a letter, on July 12 to U.S. Senate, Russell Senate Office Building, Washington, DC. tion 103. This is the provision that the Corps of Engineers: You will Hon. TOM DASCHLE, would be stricken. It says: change the manual to have a spring U.S. Senate, Hart Senate Office Building, None of the funds made available in this rise, the spring surge. Washington, DC. Act may be used to revise the Missouri River They were the ones who wanted to DEAR SENATORS: On behalf of the Southern Master Water Control Manual when it has skip over the process. They were the Governors’ Association, I am writing to ex- been made known to the Federal entity or ones dictating to the Corps—despite press concerns about proposed plan by the official to which the funds are made avail- the public comment, despite all the Fish and Wildlife Service for a springtime able that such revision provides for an in- rise of 17,500 cubic feet per second in the Mis- crease in the springtime water release pro- other information—they should imple- souri River at Gavins Point Dam. This plan gram during the spring heavy rainfall and ment that. has the potential to harm citizens and agri- snow melt period in States that have rivers We have spring rises on the Missouri cultural activities along the lower portion of draining into the Missouri River below the River. This chart shows 1999. In March the Missouri River and urge your support for Gavins Point Dam. and April the river rises. These are the restricting this spring rise proposal. What it says is that you can’t imple- rises at different stages of the river. We If the current plan is implemented and have spring rises. We already do be- these states incur significantly heavy rains ment a plan to increase flooding during during the rise, there is a real risk that spring flood season on the Missouri cause there are many tributaries com- farms and communities along the lower Mis- River during the course of 2001. ing in. Perhaps we don’t have quite the souri River will suffer serious flooding. In Contrary to what you have just floods in some years that we did be- addition, a spring rise has a negative effect heard, any other aspect of the process cause there have been dams built to re- on agriculture land. Sustaining high river to review and amend the operation of duce the danger of flooding and to re- flow rates over several consecutive weeks the Missouri River, to change the Mis- duce somewhat the loss of life and the will exacerbate the problems of wetness and souri River manual, to consider the damage to property and communities. poor drainage historically experienced by farmers along the river, limiting the produc- opinions, to discuss, to debate, to con- We already have a spring rise because tivity and accessibility of floodplain crop tinue the vitally important research of tributaries, including the Platte and lands. that is going on now on the river and the Kansas, the Tarkio, the Blue, the Finally, the proposal for a spring rise also how we can improve its habitat will Gasgonade, and others. That spring brings harm to Mississippi River states and continue. rise results in frequent flooding. And users of the nation’s inland waterway sys- I have been proud to sponsor the Mis- the more water released at Gavins tem. Any spring rise in April or May puts ad- sissippi and Missouri River Habitat Im- Point, the greater the flood risk. ditional water in the Mississippi River when it is normally high and does not need the provement Program in which we fund- Since when should this deliberative extra water. This spends water out of a lim- ed the Corps of Engineers to make body, the U.S. Congress, say we should ited water budget in the Missouri River changes to improve the river and to encourage a Federal agency to take a Basin and ends up subtracting water out of bring it back more to its natural state. premeditated action to increase flood the Mississippi during the summer or fall It is not going to be all the way back risk when there is no scientific evi- when the water is needed for river com- to its natural state but to provide con- dence that it will have the benefit for merce. servation opportunities, to provide endangered species that is proposed. We appreciate your serious attention to This is untenable for farmers living these concerns and urge your support for a spawning habitats, nesting habitats for restriction on the spring rise proposal. birds, the kind of habitat we want to along the river. One-third of the com- Sincerely, encourage the biological diversity on modities of Missouri are grown in the MIKE HUCKABEE. the river. floodplains of the Missouri and Mis- The U.S. Geological Survey has an sissippi Rivers. It is untenable for may- OFFICE OF THE GOVERNOR, environmental research arm that is ors who want their communities and STATE OF MISSOURI, studying the river to find out what their critical infrastructure protected. Jefferson City, August 17, 2000. really works. Do you know something. It is imperative for the families who do The PRESIDENT, That work is going on. Those studies The White House, not want to lose their family members Washington, DC. are being pursued. They have some in- in floods. Some who don’t live in areas DEAR MR. PRESIDENT: I am writing regard- teresting information that they don’t of flood may not know but floods do ing recent developments surrounding efforts have a conclusion on yet. It is not the take lives. Floods are deadly. Floods to revise the Missouri River Master Manual. spring rise that would improve the are devastating. I have witnessed the Specifically, I am concerned about proposed habitat. Perhaps it is the gravel bars aftermath of too many floods. I have plans by the Fish and Wildlife Service out- on side channels. That looks prom- seen the heartbreak and devastation, lined in letters to the Corps of Engineers ising. This work can continue; so can dated March 28, 2000 and July 12, 2000. The not just the loss of homes. I have seen July 12 letter directs the Corps of Engineers all of the work under the National En- families who have lost a parent, lost a to implement major changes in operations vironmental Policy Act to develop an child, in floods. affecting both the Missouri and Mississippi environmental impact statement. Any Agricultural groups, flood control Rivers while circumventing the public re- other change to the manual can con- groups, have supported our position view processes required by law.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8079 I respectfully request your immediate as- your assistance in this very important mat- eration of this matter and for your contin- sistance in directing the Service to reevalu- ter. ued support in helping to reduce flooding ate its plan and to commit to a more open Very truly yours, throughout the City of Kansas City, Mis- process that conforms to the public involve- MEL CARNAHAN. souri. ment requirements of the National Environ- Sincerely, mental Policy Act. Further, there are legis- OFFICE OF THE MAYOR, KAY BARNES, lative efforts underway to prohibit the Serv- CITY OF ST. LOUIS, MO, Mayor. ice from initiating its plan at this time, and August 30, 2000. Mr. BOND. Every waterway group I request your support of those efforts. Re: H.R. 4733, the Energy and Water Appro- Absent a change in the Service’s plan, it is priations Bill and every flood control group that I likely that efforts to restore endangered spe- Hon. CHRISTOPHER S. BOND, have spoken to that is knowledgeable cies along the river will be damaged, an in- U.S. Senate, Washington, DC. about the river supports the provision. crease in the risk of flooding river commu- DEAR SENATOR BOND: The City of St. Louis I ask unanimous consent to have nities and agricultural land will occur, and is a central transportation hub for the Mid- printed in the RECORD a letter signed states along the river will suffer serious eco- west that includes the second largest inland by 92 organizations supporting my pro- nomic damage to their river-based transpor- port in the nation. Water transportation on vision. tation and agricultural industries. the Mississippi River has been central to St. There are numerous problems with the Louis’ development and today is integral to There being no objection, the letter plan as proposed by the Service that may ac- our economic structure. All of this stands to was ordered to be printed in the tually harm endangered species rather than be threatened by the Fish and Wildlife Serv- RECORD, as follows: help them recover. The plan calls for a sig- ice proposal to implement a policy that in- NATIONAL WATERWAYS ALLIANCE, nificant drop in water flow during the sum- creases the risk of flooding on our principal Washington, DC, September 1, 2000. mer. The months of June and July are, in inland waterways. Hon. CHRISTOPHER S. BOND, fact, the two highest flow months under nat- The movement of more than 100 million Russell Senate Office Building, ural pre-dam conditions primarily because of tons of cargo through the Port of St. Louis U.S. Senate, Washington, DC. mountain snow melt combined with down- could be placed in jeopardy during low water DEAR SENATOR BOND: On September 5, 2000, stream rainfall. Unfortunately, the years if flows from the Mississippi River are the Senate is scheduled to begin consider- mistiming of the Service’s plan will allow restricted during the summer and fall ation of H.R. 4733, the Energy and Water De- predators to reach river islands on which en- months. Conversely, the St. Louis region has velopment Appropriations Bill for FY 2001. dangered terns and plovers nest giving preda- struggled periodic flooding during the spring We are writing to express our strong opposi- tors access to the young still in the nests. that would be devastating without the man- tion to any efforts to strike Section 103, Predation is discussed in the species recov- agement of the Mississippi River for flood which prohibits implementation of a ‘‘spring ery plans as one of the significant impedi- control purposes. rise’’ on a portion of the inland navigation ments to restoration of healthy tern and I urge you to press forward with your pro- system. vision to H.R. 4733, the Energy and Water plover populations. A recent directive issued by the U.S. Fish In addition, model runs of the Fish and Appropriations Bill, that would restrict im- and Wildlife Service to implement a ‘‘spring Wildlife Service’s proposal indicate substan- plementation of a ‘‘spring rise’’ in the spring rise’’ immediately on the Missouri River is a tially greater water storage behind the Mis- and a ‘‘split navigation season’’ in the sum- reversal of water resource policy without ap- souri River dams as compared with current mer and fall as requested by the Fish and propriate public review, independent sci- operations. This increased water storage Wildlife Service. Before any provision or pol- entific validation, Congressional debate or would raise average reservoir levels so that icy reversing the multiple uses of the rivers endorsement. For decades, every Congress approximately 10 miles of free-flowing river can be supported, we must fully understand and Administration has endorsed a policy of would be sacrificed to the artificial lakes. If the economic and environmental implica- water resource development that was de- solving the Missouri River endangered spe- tions to the citizens of St. Louis. signed to protect communities against nat- cies problems is the objective, it would seem Sincerely, ural disasters and serve efficient and envi- reasonable for the Fish and Wildlife Service CLARENCE HARMON, ronmentally friendly river transportation, to make proposals that do not increase the Mayor. reliable low-cost hydropower and a bur- dominance of reservoirs over free-flowing geoning recreation industry. rivers. OFFICE OF THE MAYOR, The ‘‘spring rise’’ demanded by the Fish The spring rise will also increase our sus- Kansas City, MO, July 25, 2000. and Wildlife Service is based on the premise ceptibility to flooding along the Missouri Subject: Spring Rise on Missouri River: Sec. that we should ‘‘replicate the natural and Mississippi Rivers. An analysis of the 103—Energy & Water Appropriations Bill. hydrograph’’ that was responsible for dev- Missouri River flooding that occurred during Hon. CHRISTOPHER S. BOND, astating and deadly floods as well as sum- the spring of 1995 shows that if the spring U.S. Senate, Russell Building, Washington, DC. rise proposed by the Service had been in ef- DEAR SENATOR BOND: The City of Kansas mertime droughts and even ‘‘dust bowls.’’ fect, the level of flooding would have been City, Missouri wishes to express its concern For decades, we have worked to mitigate the worse. The Corps could not have recalled over consideration being given to a spring negative implications of the ‘‘natural water already released hundreds of miles up- rise along the Missouri River. The increase hydrograph’’ with multiple-purpose water re- stream, as the water’s travel time from Gav- in release rate being proposed for Gavins sources management programs, including ins Point to St. Charles, Missouri is 10 days. Point by the Fish & Wildlife Service would reservoirs storing excess flood and snow-melt If the proposed plan is implemented and raise the water service levels along the lower waters in the spring and releasing those heavy rains occur during the spring rise, Missouri River by approximately two feet. waters in low-flow periods. These efforts there is a real risk that farms and commu- As you know, Kansas City is susceptible to have protected communities from floods, en- nities along the lower Missouri River will flooding from the Missouri River and in 1993 abled the safe and efficient movement of a suffer increased flooding. several of the levees protecting our city large percentage of the Nation’s intercity The Service’s plan for a spring rise also came within inches of overtopping. Any al- freight by a mode that results in cleaner air, will damage prime agricultural land because lowed increase in flows will subject us to a safer streets, and a higher quality of life and it will limit the productivity and accessi- worsened flooding condition. also provided hundreds of thousands of fam- bility of floodplain croplands. If imple- As we proceed with the study of seven lev- ily-wage jobs in interior regions. mented, the Service’s plan will result in the ees along the Missouri and Kansas Rivers, in Retaining Section 103 will allow National Missouri River being held four feet higher for cooperation with the Corps of Engineers and Environmental Policy Act (NEPA) compli- several consecutive weeks along south- several other local sponsors, to investigate ance and provide time for Congress to ade- western Iowa and northwestern Missouri. changes that may be needed and justified to quately consider whether reversing proven Our agricultural community is extremely enhance flood protection from the Missouri water resources policy makes sense and concerned that increased soil saturation and River it seems inappropriate at best to be whether a ‘‘spring rise’’ is scientifically sup- poor drainage will compromise the produc- considering changes that will serve to de- ported. We urge you to keep the existing lan- tivity of their farms. In addition, the plan crease our level of protection. Additionally, guage in H.R. 4733 and oppose any efforts to will damage the ability for agricultural pro- the spring rise will necessitate a split navi- strike or unnecessarily amend it. ducers and commercial employers to utilize gation season, the impacts of which would be Sincerely, the river to move their products to markets. potentially disastrous to the barge industry Tal Simpkins, Executive Director, AFL– Consequently, it will make the price of these along the lower Missouri River and have far CIO Maritime Committee, Washington, D.C. products increase and damage the ability of reaching impacts to the economy in our re- Floyd D. Gaibler, Vice President, Govern- our farmers and manufacturers to compete gion. ment Affairs, Agricultural Retailers Associa- in the world economy. We strongly urge that Section 103 pre- tion, Washington, D.C. Mr. President, it is vitally important to venting the study and implementation of a Bob Stallman, President, American Farm the residents of the State of Missouri as well spring rise along the Missouri River be in- Bureau Federation, Park Ridge, Illinois. as the entire Midwest that the Service’s plan cluded in the upcoming Energy & Water Ap- Richard C. Creighton, President, American be reevaluated. Again, I would appreciate propriations Bill. Thank you for your consid- Portland Cement Alliance, Washington, D.C.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8080 CONGRESSIONAL RECORD — SENATE September 6, 2000 Tony Anderson, President, American Soy- Ronnie Anderson, President, Louisiana Kenneth P. Guidry, Executive Director, bean Association, St. Louis, Missouri. Farm Bureau Federation, Baton Rouge, Lou- Red River Wateway Commission, Thomas A. Allegretti, President, American isiana. Natchitoches, Louisiana. Waterways Operators, Arlington, Virginia. Christopher J. Brescia, President, MARC Myron White, Executive Director, Red Glen L. Cheatham, Executive Vice Presi- 2000 (Midwest Area River Coalition 2000), St. Wing Port Authority, Red Wing, Minnesota. dent, Arkansas Basin Development Associa- Louis, Missouri. David Work, Port Director, Rosedale-Boli- tion, Tulsa, Oklahoma. Robert Zelenka, Executive Director, Min- var County Port Commission, Rosedale, Mis- Steve Taylor, President, Arkansas-Okla- nesota Grain and Feed Association, Min- sissippi. homa Port Operators Association, Inola, neapolis, Minnesota. Debbi Durham, President, Chic Wolfe, Oklahoma. George C. Grugett, Executive Vice Presi- Chairperson of the Board, Siouxland Cham- Martin Chaffin, President, Arkansas Wa- dent, Mississippi Valley Flood Control Asso- ber of Commerce, Sioux City, Iowa. terways Association, Helena, Arkansas. ciation, Memphis, Tennessee. Donald M. Meisner, Executive Director, Paul N. Revis, Executive Director, Arkan- Steve Taylor, Program Director, Missouri Siouxland Interstate Metropolitan Planning sas Waterways Commission, Little Rock, Ar- Corn Growers Association, Missouri Corn Council, Sioux City, Iowa. kansas. Merchandising Council, Jefferson City, Mis- Daniel L. Overbey, Executive Director, J. Ron Brinson, President and Chief Execu- souri. Southeast Missouri Regional Port Author- tive Officer, Board of Commissioners of the Tom Waters, Chairman, Missouri Levee ity, Scott City, Missouri. Port of New Orleans, New Orleans, Lou- and Drainage District Association, Orrick, Bill David Lavalle, President, St. John isiana. Missouri. Levee & Drainage District, New Madrid, Mis- Fred Ballard, President, Board of Mis- Daniel L. Oberbey, President, Missouri souri. sissippi Levee Commissioners, Greenville, Port Authority Association, Scott City, Mis- Ted Hauser, Director of Planning, St. Jo- Mississippi. souri. seph Regional Port Authority, St. Joseph, Philip R. Hoge, Executive Director, City of Jack Horine, President, Missouri Valley Missouri. St. Louis Port Authority, St. Louis, Mis- Levee District, Orrick, Missouri. Donald G. Waldon, Administrator, Ten- souri. Patrick R. Murphy, Port Director, Natch- nessee-Tombigbee Waterway Development Tracy Drake, Executive Director, ez-Adams County Port Commission, Natchez, Authority, Columbus, Mississippi. Columbiana County Port Authority, East Mississippi. Donald G. Waldon, President, Tennessee- Liverpool, Ohio. Terry Detrick, President, National Asso- Tombigbee Waterway Development Council, Chuck Conner, President, Corn Refiners ciation of Wheat Growers, Washington, D.C. Columbus, Mississippi. Association, Inc., Washington, D.C. Paul J. Bertels, Director, Production and James L. Henry, President, Transportation R. Barry Palmer, Executive Director, Marketing, National Corn Growers Associa- Institute, Camp Springs, Maryland. Dinamo (Association for Improvement of tion, St. Louis, Missouri. Robert L. Wydra, Executive Director, Tri- Navigation in America’s Ohio Valley), Pitts- James P. Howell, Vice President, Legisla- City Regional Port District, Granite City, Il- burgh, Pennsylvania. tive and Regulatory Affairs, National Coun- linois. Mark D. Sickles, President, Dredging Con- cil of Farmers Cooperatives, Washington, Tom Waters, President, Tri-County Drain- tractors of America, Alexandria, Virginia. D.C. age District, Orrick, Missouri. Gary D. Myers, President, The Fertilizer Kendall Keith, President, National Grain Robert W. Portiss, Port Director, Tulsa Institute, Washington, D.C. and Feed Association, Washington, D.C. Port of Catoosa, Catoosa, Oklahoma. Jeffrey T. Adkisson, Executive Vice Presi- Leroy Watson, Legislative Director, Na- Robert W. Bost, Chairman, Tulsa’s Port of dent, Grain and Feed Association of Illinois, tional Grange, Washington, D.C. Catoosa Facilities Authority Catoosa, Okla- Springfield, Illinois. Harry N. Cook, President, National Water- homa. Dr. Adam Bronstone, Business Policy Con- ways Conference, Inc., Washington, D.C. David L. McMurray, Chairman, Upper Mis- sultant, Greater Kansas City Chamber of Scott Merritt, Executive Director, Ne- sissippi, Illinois and Missouri Rivers Asso- Commerce, Kansas City, Missouri. braska Corn Growers Association, Lincoln, ciation, Burlington, Iowa. J.H. (Harold) Burdine, Port Director, Nebraska. Russell J. Eichman, Executive Director, Greenville Port Commission, Greenville, Ronnie L. Inman, Chairman, New Bourbon Upper Mississippi Waterway Association, St. Mississippi. Regional Port Authority, Perryville, Mis- Paul, Minnesota. Douglass W. Svendson, Jr., Executive Di- souri. James B. Heidel, Executive Director, War- rector, Gulf Intracoastal Canal Association, Timmie Lynn Hunter, Executive Director, ren County Port Commission, Vicksburg, New Orleans, Louisiana. New Madrid County Port Authority, New Mississippi. Martin Chaffin, Executive Director, Hel- Madrid, Missouri. Sheldon L. Morgan, President, Warrior- ena-West Helena-Phillips County Port Au- Joe LaMothe, Secretary, Northeast Indus- Tombigbee Waterway Association, Mobile, thority, Helena, Arkansas. trial Association, Kansas City, Missouri. Alabama. William O. Howard, Executive Director, Patrick French, Executive Director, Dan Silverthorn, Executive Director, West Henderson County Riverport Authority, Hen- Northeast Missouri Development Authority, Central Illinois Building and Construction derson, Kentucky. Hannibal, Missouri. Trades Council, Peoria, Illinois. Chris Hombs, Executive Director, Howard Tracy V. Drake, Co-Chairman, Ohio Ports M.V. Williams, President, West Tennessee Cooper County Regional Port Authority, Commission, East Liverpool, Ohio. Tributaries Association, Friendship, Ten- Glen L. Cheatham, Jr., Manager, Water- Boonville, Missouri. nessee. Leon Corzine, President, Illinois Corn ways Branch, Oklahoma Department of B. Sykes Sturdivant, President, Yazoo- Growers Association, Bloomington, Illinois. Transportation, Tulsa, Oklahoma. Mississippi Delta Levee Board, Clarksdale, Luke A. Moore, President, Illinois River Ted Coombes, Chairman, Oklahoma Water- Mississippi. Carriers’ Association, Paducah, Kentucky. ways Advisory Board, Tulsa Oklahoma. John Prokop, President, Independent Liq- Glenn W. Vanselow, Ph.D., Pacific North- Mr. BOND. These organizations rep- uid Terminals Association, Washington, D.C. west Waterways Association, Vancouver, resent labor, agriculture, port facili- Don W. Miller, Jr., Executive Director, In- Washington. ties, flood control districts, and others. diana Port Commission, Indianapolis, Indi- Duane Michie, Chairman, Pemiscot County They are located in areas as distant as ana. Port Authority, Caruthersville, Missouri. the States of Washington, Louisiana, Earl Bullington, President, Industrial De- Derrill L. Pierce, Executive Director, Pine velopment Authority of Pemiscot County, Bluff-Jefferson County Port Authority, Pine Minnesota, and Pennsylvania. Caruthersville, Missouri. Bluff, Arkansas. Since this letter was signed, addi- James R. McCarville, President, Inland Hal Greer, Executive Director, Port of tional groups have asked to join with Rivers Ports & Terminals, Inc., Jackson, Hickman, Hickman, Kentucky. us in our position in support of section Mississippi. J. Scott Robinson, Port Director, Port of 103. They include the Minnesota Asso- Donald C. McCrory, Executive Director, Muskogee, Muskogee, Oklahoma. ciation of Cooperatives, the St. Louis International Port of Memphis, Memphis, James R. McCarville, Executive Director, Building and Construction Trades Tennessee. Port of Pittsburgh Commission, Pittsburgh, Ron Litterer, President, Iowa Corn Grow- Pennsylvania. Council, the Minnesota Farm Bureau, ers Association, Des Moines, Iowa. John W. Holt, Jr., CED, PPM, Executive the Minnesota Soybean Growers Asso- Alan Peter, President, Kansas Corn Grow- Port Director, Pot of Shreveport-Bossier, ciation, and the Minnesota Corn Grow- ers Association, Garnett, Kansas. Shreveport, Louisiana. ers Association. George C. Andres, General Manager, Joseph Accardo, Jr., Executive Director, In Missouri, our Department of Nat- Kaskaskia Regional Port District, Red Bud, Port of South Louisiana, LaPlace, Lou- ural Resources supports section 103. Illinois. isiana. They oppose raising the spring river Hal Greer, President, Kentucky Associa- Tom Waters, President, Ray-Clay Drainage tion of River Ports, Hickman, Kentucky. District, Orrick, Missouri. height, and they are just as knowledge- Dr. Sam Hunter, President, The Little Richard F. Brontoli, Executive Director, able and just as dedicated as the so- River Drainage District, Cape Girardeau, Red River Valley Association, Shreveport, called experts at the U.S. Fish and Missouri. Louisiana. Wildlife Service who want to jump over

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8081 the process and impose their particular Memphis, New Orleans, and elsewhere, Why? Because normally in the summer risky scheme on our State and all the the administration went back to the the natural hydrograph is for the downstream States. drawing room to find a consensus with snowmelt to bring the river up. Under I had a very enlightening week trav- the States. Apparently, the Fish and this plan, river levels will be going eling from the northwest corner of my Wildlife Service is not interested in a down. That means less water cover. It State, down the Missouri and the Mis- consensus or we would not be here means burying sandbars where preda- sissippi Rivers, talking with real peo- today. They are not interested in the tors might come after the smallest ple, knowledgeable people, scientists, dangers of increased flood risk or we hatch. and experts about this proposal. I was would not be here today. They are not Fish and Wildlife has a twofold plan. joined and supported by members of interested in the public meetings and One, it proposes a split season which the Governor’s staff. I was joined by the viewpoints that were expressed in will end river transportation on the the director of our department of nat- 1995 or this would have ended then. Missouri and do great harm to the ural resources. I was joined by farmers They want to raise the height of the river transportation on the Mississippi and mayors and chambers of commerce river in the spring because they think River. Without water transportation, officials, economists and flood control flooding may improve the breeding we are left with a regional railroad mo- advocates, and other members of our habitat for the pallid sturgeon. nopoly. resource agencies. I was joined by rep- The distinguished minority leader The minority leader said we initially resentatives of our independent depart- says we ought to be able to act on the projected there would be 12 million ment of conservation—one of the finest best information available. I have tons on the river. That is not true. If departments of conservation in the Na- asked these people: Where is the infor- you look at the 1952 report and the tes- tion, one that is looked to as a model, mation? timony in 1952 and 1956 when they were and one that is engaged in ongoing When I talked with them last week, developing the Missouri River plan, work to preserve the pallid sturgeon our resource agencies, the U.S. Geo- they said 5 million tons. This past and to work with us on reasonable, logical Survey had not seen any bio- year, it was 8 million tons on the river. common sense, scientifically proven logical opinion. They issued that As I said earlier, there would be a lot ways to assure that we keep the pallid diktat, that letter of instruction, on more because there is investment out sturgeon. July 12. As of last week, the State there waiting to happen if we know From all of these people I heard first- agencies, the U.S. Geological Survey, that Fish and Wildlife is not going to hand how dangerous the Fish and Wild- with expertise in environmental assess- take over the river and get rid of all life Service plan is and how unneces- ment, a fellow Federal agency, had not barge traffic. sary it is. I heard from people who ship seen it. Barge traffic is the most environ- the goods on the river now and from How can we let them go ahead with mentally sound means of transporting people who want to ship on the river in the scheme when they won’t even allow grain to the world markets. It is the the future but who are withholding in- us to look at the basis for their pro- most efficient. One barge, one tow with vestment in river facilities until the posal? This truly is a risky scheme. 25 barges, carries the same amount of uncertainty of the Fish and Wildlife This is one that we cannot tolerate. grain as 870 individual semitrailer Service proposal is resolved. I have Our State Department of Natural Re- trucks that put out far more pollution. heard from mayors who are worried sources disagrees with Fish and Wild- Barge transportation bringing inputs about the flood risk in the spring. Un- life. Our State Conservation Depart- to farmers up the river is much more less you have been in one of those comment believes the Fish and Wildlife efficient than rail or truck. That low- munities or one of our large cities plan is not necessary. They have pre- ers the price farmers pay for goods where a flood has hit, you do not appre- sented a plan that does not have spring brought in in the spring for Missouri ciate how devastating a flood is. flooding and no transportation flows in farmers. It lowers them for South Da- I have heard from power companies the spring—in the summer and fall. kota farmers too; the landed price at worried about not having adequate And they believe that plan will do Sioux City has an impact on what water for cooling in the summer. I have more to help preserve the pallid stur- farmers pay. If you got rid of river heard from farmers who have been geon, the least tern, and the piping transportation altogether—which I flooded and know firsthand that more plover, than this risky scheme put for- think may be the ultimate goal. I don’t water in the spring, despite suggestions ward by Fish and Wildlife. think the Fish and Wildlife Service and to the contrary, means more risk of Our State Conservation Department the people supporting this just want to flood. has an alternative species recovery flood out the people downstream in the The farmers who live along the river plan. They cannot get Fish and Wildlife spring; I think there is a greater objec- know that even if it doesn’t flood, a to look at it. Don’t you think they tive—getting rid of barge transpor- higher river level in the spring means would want to look at the various op- tation altogether. One can only assume more seepage under the levees and wet- tions? Don’t you think they would that the railroad industry thinks that ter fields that you cannot plow and you want to consider the evidence before having no competition is a good idea. cannot plant. they threaten property and lives with But I seriously question whether we, as We are here tonight discussing sec- spring floods in Missouri? Senators, should be supporting consoli- tion 103 because despite the views of I have a lot of respect for the dif- dation rather than competition. the Corps of Engineers, the U.S. Geo- ficult and important job of Fish and The low summer flow proposed by logical Survey, the downstream States, Wildlife, but let me say this is not Fish and Wildlife is curious for two ad- the agricultural groups, and the water- about who cares the most about endan- ditional reasons: One, because it will way users, the Fish and Wildlife Serv- gered species. The commitment of our reduce energy revenues by more than ice is determined to have it their way Natural Resources Department and our one-third at the dams generating hy- or no way. The Fish and Wildlife Serv- Conservation Department to fish and dropower, particularly during high ice wants to experiment with spring wildlife is not inferior to that of Fish usage months in the summer. We are flooding. They must think we have for- and Wildlife of the U.S. Government. about to debate the necessity of a na- gotten about the controlled burn in U.S. Fish and Wildlife does not have a tional energy commission to look at Los Alamos. They want to give us con- monopoly on dedication and they do how we can meet our growing energy trolled floods on the Missouri River in not have a monopoly on wisdom. In needs, and here we are with a Fish and the spring. I say no thanks; we have fact, our Department of Natural Re- Wildlife plan to decrease clean hydro- been there; we have done it; and we sources has some serious concerns the power generation. We do not have the don’t need the Federal Government Fish and Wildlife Service plan may ac- luxury of letting existing power capac- making floods worse. tually harm endangered species rather ity go to waste. The low summer flow This is not a new proposal. It was than help them recover. That fear was proposed by the Fish and Wildlife Serv- raised by the Corps of Engineers in expressed by our Governor of Missouri, ice reduces revenues in the high de- 1993, and after public hearings in Governor Carnahan, a Democrat, in a mand summer months by more than Omaha, Kansas City, St. Louis, Quincy, letter to the President 2 weeks ago. one-third.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8082 CONGRESSIONAL RECORD — SENATE September 6, 2000 Another reason the low flow is curi- ture of the importance of the debate. life Service and my colleague from ous is that, while the Fish and Wildlife First, there is the assumption by some South Dakota assume that in the ab- Service said they want the river to that the Missouri River ends suddenly sence of competition, the railroad in- ‘‘mimic its natural hydrograph,’’ his- and does not impact the Mississippi dustry will not raise rates on farmers. torically the highest flows were fol- River. That is convenient, but it is not Try that out on any shipper. Ask any- lowing the summer snowmelt up- true. I have seen the confluence with body in the Midwest who has been cap- stream, and that is the same time Fish my own eyes. I know that in low-water tive of the railroad if they really be- and Wildlife demands a low flow. They years, drought years, dry summers, 65 lieve that competition does not make go the opposite way of their stated ob- percent of the flow of the Mississippi any difference. That is the assumption jective. River at St. Louis comes from the Mis- which underlies the small $7 million in This risky scheme has not been sub- souri River. And to say that the Mis- benefits from river transportation ject to adequate analysis and comment sissippi barge traffic would love to cited by the opponents of this transpor- by scientists, by people who under- have that water cut back is absolutely tation. stand, who live along, work with, and ludicrous. That is why the southern If it sounds as if I am picking on the study the river. That is why we say it Governors, noting the importance of railroad industry, which would be the should not be implemented in the com- the Missouri River flow in the Mis- biggest beneficiaries, along with farming year. Let the studies, the debates sissippi, have sent a resolution in sup- ers and producers in Latin America and go on. We would like to see sound port of section 103 that the minority Australia and Europe, I am not. I have science. We would like to see the best leader seeks to strike. no quarrel with the railroads aiming to information available. Fish and Wild- Second, there is this notion—we maximize their profits. You cannot life has not shown it to us. heard it expressed earlier—the Corps blame a compass for pointing north. The fall harvest is approaching. It will never release extra water in the They need to maximize profits. looks like bumper crops. We have short spring if there is a risk of flooding. If the Government wants to elimi- supplies of storage. As a matter of fact, Good intention, of course. Give them nate their competition, why would many elevators, grain elevators, start- full credit for trying. But they could they interfere? Every Senator knows, ed calling my office saying they do not only carry out this intention if they or should know if they studied econom- have rail capacity. The railroads can- could predict the weather perfectly be- ics, that in the absence of competition, not get them the cars they need to cause water released from the South prices will rise. We see prices rise at carry out the fall harvest, and they are Dakota dam takes 11 days to arrive in the end of the navigation season. On going to have to stop taking in grain St. Louis. A lot of weather can happen the Mississippi, we see prices rise when that comes in. Two years ago, because in 11 days. locks are closed for maintenance. of railcar shortages and disorganiza- Have any of you watched the weather There is a Fortune 100 firm on the tion, grain was piled up on the ground forecasts for the Midwest this summer? Mississippi River that has built a river as it was in the former Soviet Union. I try to keep some trees alive. I watch terminal it has never used except when The Fish and Wildlife Service proposes it. I turn on the weather channel in the it negotiates with the railroads. It has a complete reliance on that one mode morning. It is a lot more informative that river terminal, and the railroads of transportation. than some of the morning talk shows. come in and say: We are going to Last night on the floor, Senator REID My Farmers Almanac said we were charge you x amount for bringing your spoke candidly about the value of our going to have heavy rains in mid-June product in. And they say: We will just Nation’s inland waterway system and and the end of June. The week before, open up this river terminal, and we will noted that: 5 days before the middle of June—the beat your prices down. They come To move this additional cargo by alter- middle of July, they said this is a around. native means would require an additional drought season; there is not going to be According to the Tennessee Valley 17.6 million trucks on our Nation’s highway a drop of water; it is going to be a dry Authority which did a study on the system or an additional 5.8 million railcars year. The heavens opened up, and we Missouri River, the savings to rail on the nation’s rail system. To say what can had 5-, 6-, 8-inch rains. A lot of weather shippers because of competition cre- be handled by our inland water system can can occur in even 3 days. ated by barge traffic is an estimated be moved by rail or trucks, it simply can’t be I have a lot of respect for my friend $200 million annually. That is the ben- done. from South Dakota—political miracles efit to shippers. Those people get goods I agree with Senator REID. He is we see him perform—but I don’t trust coming in and those shipping commod- quite right. Fish and Wildlife seeks to him or the Fish and Wildlife Service to ities out. That includes benefits worth eliminate water transportation on the predict the weather 11 days in advance $56 million to shippers in Missouri, $43 Missouri. But Fish and Wildlife has downstream. million to shippers in Iowa, $36 million really thought this through because One mistake is all it takes to result to shippers in Nebraska, and as the oc- they have a solution for eliminating in a Government-imposed flood that cupant of the Chair will be interested the transportation options. They are brings to mind the controlled burn in to know, $52 million to shippers in going to propose, through this plan, to Los Alamos. That was not supposed to Kansas, and $14 million to shippers in curtail agriculture production by flood- happen, either. The water is not re- South Dakota. ing farmers in the spring with high trievable when it is released. In summary, flood control is impor- water. As I said earlier, raising the Rainfall in the lower basin will swell tant, energy production is important, river levels in the spring keeps farmers the river after the release, and water and having modern and competitive out of the field. So, as a result of the from the release will only supplement transportation options for our farmers Fish and Wildlife spring rise, there will the flood damage. and shippers is important. be less agricultural production await- If the water is at your Adam’s apple, With respect to the species, our re- ing the transportation that is not the Federal Government will do you source agencies say the Fish and Wild- available. the courtesy of raising it to your tem- life Service is wrong and their plan is Doesn’t that just gladden your ple. harmful and unnecessary. That is why hearts? I mean, the farmers who de- Third, there is already a spring rise I included the provision for the fifth pend for their living upon raising crops as I have stated. If a spring rise is what year. This provision does not stop the and shipping them economically into is needed to recover the species, we process as has been alleged by my col- the world market—guess what, you are ought to have sturgeon all over the league. It simply says the water man- not going to have the transportation. place because we had bodacious floods agement manual cannot be changed to But we will take care of that because in 1993 and 1995. Those little sturgeons force a dangerous spring rise. It is a we will keep you from having the pro- should be popping up all over because risky scheme on which we cannot af- duction. That is why the farmers of we had a spring rise to end all spring ford to gamble. It is a controlled flood Missouri say, ‘‘No thanks.’’ rises. It did not happen. that is not controllable. Let me speak to a couple of asser- Fourth, with respect to water trans- Ten years ago, the courts decided to tions that do not paint a very full pic- portation benefits, the Fish and Wild- review the river management. Seven

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8083 years ago, it proposed a spring rise. It The PRESIDING OFFICER (Mr. ROB- From there the river flows north, was opposed in public hearings from ERTS). The distinguished Senator from winding around near Helena, Great Sioux City to Memphis to New Orleans. Montana is recognized. Falls, past Fort Benton, and then east It was opposed by the U.S. Department Mr. BAUCUS. Mr. President, I rise to through the lake created by the Fort of Agriculture. It was opposed by the support the Daschle-Baucus amend- Peck Dam near Glasgow. U.S. Department of Transportation. It ment to strike section 103 from the en- There is Fort Peck Dam right here was opposed by agriculture and other ergy and water appropriations bill. One on the map. It is one of the major dams shippers. might ask why. The answer is very in the Missouri River system. Twenty-seven Senators in a bipar- simple: Because section 103 is an anti- This is eastern Montana, an agricul- tisan letter to the President opposed it. environmental rider that prevents the tural region. As the occupant of the So in 1995, the administration rejected sound management of the Missouri Chair knows, agriculture has been suf- the spring rise and went back to the River. It is that simple. fering some very hard economic times drawing board. The President ordered I begin by endorsing the points made for more than a decade with low prices the Corps to work with the States to so well by Senator DASCHLE. The Army for wheat, low prices for beef, drought. find a consensus. Meanwhile, Congress Corps of Engineers is managing the In eastern Montana, as well as in the included section 103 four different Missouri River today on the basis of a western Dakotas, people are moving times to remind the Fish and Wildlife master manual that was written in out, looking for jobs, virtually for sur- Service that their obsession to increase 1960. Guess what? It has not changed vival. flooding was not acceptable. much since then. It is 40 years old. It is Fort Peck Lake—that is this lake Last year, seven out of eight States like trying to run the Internet based shown on the map right here—is a key arrived at a consensus that the Corps on a plan that was written in the hey- part of our plan in our State to revive accepted which did not include a spring day of rotary telephones. Conditions our State’s economy, at least in that rise. Then, notwithstanding the public are different. Priorities are different. part of the State. It is a center for hearings in 1994, the letter to the Presi- As Senator DASCHLE explained, the boating, a center for fishing, and, I dent, the legislative provisions, not- master manual favors some uses of the might say, all kinds of recreation withstanding the consensus, the Fish river, such as barge traffic, that may which is related to the lake. Fort Peck is host to several major and Wildlife Service arrogantly pushes have made sense in 1960 but makes lit- walleye tournaments each summer. the same old plan to raise the river tle sense today. That is a very impor- The biggest is called the Governor’s height in the spring. tant point. In effect, a 40-year-old mas- The U.S. Geological Survey told me ter manual favors the barge industry, Cup, which attracts people from all last week that they do not know which may have made sense in 1960 but around the State, all around the Na- tion, and all around the world. enough about the river or the pallid makes virtually no sense today based I was there last July with one of the sturgeon to know if there is any chance upon the Corps’s own economic analysis of the river, and it favors those major sponsors of it, Diane Brant. I the Fish and Wildlife Service’s plan might say, she provides the gusto that will work. They are the ones who work uses over other uses, such as recreation, which are much more important makes the tournament work. It is in- to define habitat and biological re- credible watching everybody line up to sponse. They have not been shown the now than they were in 1960. As has been pointed out, the master go out and go walleye fishing. Hun- information from the Fish and Wildlife manual also wastes taxpayers’ dollars. dreds of boats went by the review Service. We are today spending more than $8 stand, in single file, as walleye anglers The Missouri department of con- million a year in operation and main- set forth to prove their mettle. servation says they have an alternative tenance costs to support a $7 million This tournament brings jobs and ex- to recover species which does not do barge industry. That is a bad deal for citement to the area. We are working premeditated damage to safety, to taxpayers. It is a subsidy that does not hard to get more done. For example, I property, and to human lives. The Mis- make sense. am working with Diane and local com- souri department of natural resources In the interest of time, I will not munity leaders, and others, to estab- said the Fish and Wildlife Service’s elaborate on all those points. The Sen- lish a warm water fish hatchery on the plan is flawed and unnecessary. ator from South Dakota, the minority north bank of the river to improve the The provision permits any experi- leader, has covered that ground very walleye fishery. But we face a problem. ment the Fish and Wildlife Service can well. I do not want to repeat them. In- It is a big one. Under the master man- dream up except the one risky scheme stead, I would like to make three addi- ual, water levels in the Fort Peck Lake of a controlled flood in the spring tional points. are often drawn down in the summer, which we cannot tolerate. Members of First, the anti-environmental rider largely to support the barge traffic Congress have every right to place proposed by the Senator from Missouri downstream, which is an industry that commonsense parameters on bureau- harms my State of Montana. Second, it need not be subsidized near to the de- cratic excursions. That is the purpose prevents the Corps of Engineers from gree that it is, and certainly according of this provision. complying with the law, from com- to the Army Corps of Engineers’ infor- We know there are many other bene- plying with the Endangered Species mation. fits that come from wise management Act. And third, the rider derails a proc- In fact, there have been times when of the Missouri River. The spring rise ess of carefully revising the master the lake has been drawn down so low does not help the upstream States. In manual, a process that is working. that boat ramps are a mile or more fact, States such as the Dakotas and In addition, I want to respond to an from the water’s edge. This is what Montana will find that they will not important argument made by the Sen- this photograph shows. This is a photo- have the water they want for rec- ator from Missouri and other pro- graph of a boat landing at Fort Peck reational purposes if it is flushed down ponents of the rider. They argue that Lake. It is called Crooked Creek. It is the river in the spring. I know the Fish the rider is necessary to reduce the a mile from the boat landing to the and Wildlife Service wants to run this risk of floods. I will address that in a edge of the lake. river, just as it wants to take over later point. Why? Because Fort Peck has been management of a lot of other rivers, First, the impact of the rider on my drawn down to support a barge indus- but the rivers are authorized for mul- State of Montana would be profound. try downstream. Frankly, the industry tiple uses. That is the way the Corps The Missouri River flows not only is dated and does not need to be sup- and the States manage them. through our State but through our his- ported near that much at the expense Because the proposal to initiate tory, as well as the history of other of people upstream, upriver, who, floods is harmful, because there are al- States. frankly, do not have many means of ternatives, I believe section 103 is a Meriwether Lewis found the source of recreation. But the main thing they prudent and restrained safeguard that the Missouri River on August 12, 1805. want to do is to be able to put a boat should be retained in this legislation, It is at Three Forks, MT. It is shown on in the river. They are unable to do so and I urge my colleagues to oppose the this map up here to the left, just east because the boat ramp is over a mile motion to strike. of the Continental Divide. from the river.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8084 CONGRESSIONAL RECORD — SENATE September 6, 2000 These drawdowns have occurred fre- would increase public participation, as- to revising the master manual, revising quently. The effect is devastating. Ob- sure that decisions are based on sound it so we have a better, more balanced viously, drawdowns prevent people science, give a greater role to the current use of the river, such as flood from boating and fishing. They also re- States, get more certainty to land- control, navigation, but also more to duce the numbers of walleyes, stur- owners, bring people together, rather protect the plover, the tern, and the geon, and other fish. than drive them apart. sturgeon. Let me be specific. Right now the Over the last decade, I have worked How do we do this? Basically by pro- water level at Fort Peck has been as hard as anyone to reform the Endan- viding for a moderate rise in flows in drawn down about 10 feet, to increase gered Species Act. But those reforms the spring and reduced flows in July flows for downstream barge traffic. have not passed. They have been re- and August. This is the so-called spring That is right now. A few weeks ago ported out of the Committee on Envi- rise/split season alternative. This alter- there was another walleye tournament ronment and Public Works, but they native has strong support. Fish and at Crooked Creek, and it could well have been kept off this Senate floor, as game officials from all seven Missouri have been canceled. There was a lot of good as they are. River basin States say it is the right concern because ramps could not be Nevertheless, in the meantime, the thing to do. used. Fortunately, it did not happen Endangered Species Act today remains Last summer, they recommended this year, but very often it does. the law of the land. We have to respect that we—I will not read the whole The drawdowns are a big part of the it. It is the law. quote, I will begin in the middle— economic raw deal that eastern Mon- With that as background, let me turn . . . provide higher flows during critical tana has been getting for years. More to specifics and explain how Senator spring and early summer periods for native fish spawning and habitat development fol- balanced management of this system, BOND’s rider prevents the Army Corps lowed by lower flows during the critical sum- which takes better account of up- of Engineers from managing the Mis- mer period. souri River in a way that is consistent stream economic benefits is absolutely That is the recommendation. They critical to reviving our State’s econ- with the law. have studied this thing, believe me. The river provides habitat for three omy in eastern Montana. Guess what? The Fish and Wildlife I am not going to stand here and try endangered species: the piping plover, Service agrees. Its draft biological the least tern, and the pallid sturgeon. to kid anybody. This debate is, to a sig- opinion says: nificant degree, about who gets Mis- Each of these species evolved along a Spring and summer flow management is an souri River water, and when. That is river that had higher flows in the integral component of the measures to avoid accurate. But that is not all this de- spring and lower flows in the summer. jeopardy to listed species . . . This would in- bate is about. There is an awful lot That is the natural order of things. clude higher spring flows and lower summer more to it. Each species depended on a life cycle flows than currently exist. The section 103 rider prevents the that depended on this pattern. They have studied this. Guess what Corps of Engineers from obeying the The tern and the plover need higher again? The Army Corps of Engineers law of the land. Let me repeat that. flows in the spring. Why? To create the recognizes the benefits of a spring rise The section 103 rider prevents the sandbars they nest on. Higher flows and a split season. The Corps has said Army Corps of Engineers from obeying create sandbars. They need lower flows that ‘‘periodic high flows are required the law. It is that simple. It is that in the summer. Why? To create a buffer for terns and plovers to remove en- specific. It is that accurate. Specifi- that reduces the risk that the nests croaching vegetation, but during the cally, it prevents the Corps from fol- might be washed away by, say, a storm. nesting season, stable or declining lowing the Endangered Species Act. That is the natural order of things. flows are needed to avoid nesting Before I get into the details, let me The sturgeon needs high flows in the flight.’’ The Corps has made similar ob- say a couple things about the Endan- spring for breeding and lower flows in servations about the pallid sturgeon. In gered Species Act. A lot of people are the summer for the development of other words, the fish and game experts watching tonight. They may wonder: young fish. from the Missouri River basin States, What is all this fuss about? There is This is a photo of a piping plover, a the Fish and Wildlife Service, and the less than a month left of the congres- female, nesting over three eggs. Corps of Engineers all recognize the sional session. Big issues need to be ad- But the way I just described the nat- importance of higher flows in the dressed—the budget, prescription drug ural order is not the way the river is spring and lower flows in the summer. coverage, trade with China. Why in the being managed today. Under the mas- This is where the section 103 rider middle of all of this are we debating ter manual, today’s management sys- comes in. Simply put, the rider pre- the fate of two birds and a fish? Good tem, the Corps tries to maintain steady vents the Corps from revising the mas- question. This is why. water levels through the spring and ter manual to provide for higher water Any time an issue such as this comes summer so there is always enough levels in the spring. The Senator from up, it is tempting to think only about water to support the barge traffic Missouri said so. He said that is what the particular species that are being downstream. It is this steady, even, but he intends to do. Those are the words involved—the snail darter, the spotted unnatural, flow that is driving the of the rider: Prevent the master man- owl. In this case, the piping plover, the three species to the brink of extinc- ual from providing higher water levels least tern, and the pallid sturgeon. But tion. in the spring. By doing so, the rider that is thinking too narrowly. The management plan in the master contradicts what fish and game experts In a much broader sense, the debate manual may have made sense in 1960, from the basin States and Federal is about whether we really are serious before we knew about the threat to agencies involved all recognize is nec- about protecting endangered species. It these species and before the Endan- essary to provide more protection for is about whether our generation is gered Species Act was passed—I remind the three endangered species and com- going to meet its moral obligation to my colleagues, it was passed 13 years ply with the law. preserve the web of life that sustains later, in 1973—but the master manual Again, the debate is not just about us, and pass it along, as a legacy, to fu- does not make sense today. It may the allocation of water between up- ture generations. have made sense in 1960, not today. stream and downstream States. The de- If we create a loophole here, there Therefore, when the Corps began to re- bate is also fundamentally about will be pressure to create another loop- vise the master manual 10 years ago— whether in one fell swoop we tell the hole somewhere else—and another and they have been at this for a long time— Corps of Engineers to ignore the law; another. Before you know it, the law it was the first time the Corps seri- ignore the Endangered Species Act re- will be shredded into tatters. ously considered how the dams on the garding the management of one of the Don’t get me wrong. I am not saying river affect endangered species. country’s largest rivers. The answer, of that the Endangered Species Act is per- There have been a lot of reports, a lot course, is obvious. The Corps should fect. It is not—far from it. I have of discussions, a lot of give-and-take, obey the law, just like everyone else. worked for years to come up with re- but finally, after a decade of work, the Forget about the species for a forms that would improve the act, that process is moving forward. We are close minute, think about basic fairness. We

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8085 require private landowners to comply carefully revise the master manual. It dict the weather. Mr. President, that is with the Endangered Species Act, so has been underway for years; 10 years a total red herring, totally irrelevant. why shouldn’t we also require the Fed- to be more specific. Now at the last That has nothing to do with what we eral Government to do so. They moment, when the end is in sight, here are talking about here. We can’t pre- shouldn’t get a free pass, especially we find a rider on an appropriations dict the weather today under the cur- when the Federal Government is the bill which would derail the process by rent master manual or tomorrow if the main cause of the problem. The Fed- taking not only one of the alternatives spring rise/split season are adopted—in eral Government should not get a free right off the table but the one that either event. The two floods men- pass. The Federal Government—in this probably is necessary to comply with tioned—in 1993 and 1997—under this case, the Army Corps of Engineers— the law. Of course, that is not fair; of proposal, the spring rise/split season, should be held to the same standard as course, it is not right. It is not the would not have been in effect; that is, everybody else, and the Corps agrees right way for us to be doing business the spring rise/split season proposal that it should be held to that same here. Instead, we should give the proc- would not have been permitted because standard. ess we began 10 years ago a chance to of the modeling and the anticipation of That brings me to a related point; work. the flood years 1993 or 1997. Actually, that is, government by litigation. Stop Now that we have a draft biological the spring rise is to be implemented and think about this for a moment. If opinion, there will be an opportunity— only once every 3 years. Say year No. 1 we think about it, we probably all this is a very important point—for pub- comes up, and 4 years later year No. 1 know what will happen down the road lic comment, both on the draft and on comes up again, and this might be a if this rider becomes law. What is going the later environmental impact state- flood year. The model says, no, we to happen? The Fish and Wildlife Serv- ment. That way we have a decision don’t implement a spring rise; we are ice will issue its final biological opin- that is not made in a vacuum. But this not going to take the risk of more ion. Like the draft, it probably will rider makes a mockery of that process. flooding. recommend higher flows in the spring, There will be an extensive period for So let’s get the flood scare tactic off lower flows in the summer. Normally, public comment, but the public agen- the table here. It has nothing to do the Corps would then revise the master cies cannot take any of those com- with what we are talking about. The manual. But because of the rider, the ments into account. That is what this Army Corps of Engineers’ own models Corps cannot make the revisions nec- rider does. It says: OK, here is your al- conclude that the risk of flooding is essary to comply with the Endangered ternative, but you can’t be imple- virtually insignificant. Species Act. The rider says: Army mented so the comments are irrele- In closing, I want to also point out Corps of Engineers, you cannot follow vant. What kind of message does that one other thing. The basic argument of the law. the Senator from Missouri is that we So what is going to happen? At that send to our people, already cynical are just taking one item off the table— point there is certain to be a lawsuit about the way Government works? I spring rise/split season. That is all we brought by environmental groups chal- say there is a better way: allow the are doing. We are not taking other al- lenging the Corps’ failure to obey the process to work. law. Guess what? The environmental With that, I will briefly respond to a ternatives off the table, other environ- groups are likely to win. Why? Because point made by the Senator from Mis- mental enhancement measures, wet- the master manual will effectively ig- souri and some of his supporters. Con- lands restoration, and habitat restora- nore the needs of the species and there- cern has been expressed that if we have tion. We are not taking that off the fore violate the Endangered Species higher flows in the spring, there is a table. So what is the big fuss here? Act. greater chance of flooding—a wonder- That is the basic argument. It is not just my opinion that a mas- ful metaphor, floods; wonderful pic- The flaw in that argument is that the ter manual without a spring rise and a ture, floods; wall of water; risky propo- people who have studied this, the peer split season would ignore the needs of sition. It gets people scared and nerv- reviewers, have unanimously concluded the endangered species. This is the ous, obviously. That is what it is de- that both are needed in order to solve unanimous opinion of the experts who signed to do. It is designed to scare this problem—that is, both a spring reviewed the biological opinion. This people, scare them into supporting the rise/split season and legislation to help unanimous recommendation was based rider. But we are not only emotional restore habitat. Both are needed. They on sound science. I might add, two peo- entities, we are supposedly analytical have concluded you can’t have one ple from the State of Missouri were on beings. without the other; you have to have the peer review committee. They We are supposed to think about this both. You have to have the spring rise/ unanimously agreed that this is the al- stuff a little bit, look at the facts, not split season. It makes sense because ternative—that is spring rise/split sea- just the emotion. So let’s look at the that is the natural order of things; that son—which is necessary to protect facts, I say to my other good friend is the way the river runs naturally. It these species. from Missouri who is managing this tends to flood in the spring and not Let’s go back a little bit. Let’s say bill at this time. later on. that the rider passes. Let’s say a law- First of all, nobody wants floods. The argument has also been made suit is brought. As I mentioned, the Flood control comes first. There is no that this is going to hurt Mississippi likelihood is very high that the plain- question about it. Flood control comes barge traffic downstream. Frankly, tiffs, the environmentalists, would win. first. I might say, though, the Corps that is another red herring designed to What happens next? We wind up with and other agencies have taken flood scare Senators downstream from Mis- the river being operated not by the control into account. In fact, the Corps souri, from St. Louis. It is a scare tac- Corps of Engineers, not influenced by has modeled many different river man- tic because if you look at the data, at the Congress, but by the courts, a judge agement alternatives. Their models the facts, the facts show that, actually, in some Federal court somewhere— show that under a spring rise/split sea- because more water is being let out of they will get venue probably some- son, there is no difference in flood con- the dams in the spring, and it is saved where along the Missouri River—will trol. Statistically, it is about 1 per- in the summer, on a net basis, they are be overseeing the operation of the en- cent, which is basically zero. The Army going to have to let a little bit more tire Missouri River system; again, be- Corps of Engineers has taken this ques- out in the fall, which benefits the barge cause of a lawsuit that wins. That tion fully into account already. Of industry on the Mississippi. So it is a might be politically convenient for course, they would; it is their responsi- red herring. It is inaccurate—more to some, but it is an abdication of our re- bility, and they have done that. Their the point—that this proposal would sponsibility. As we have seen along the conclusions show that under this alter- hurt barge traffic down from St. Louis. Columbia and Snake Rivers, it gen- native, there is virtually no difference That is not right. The Corps data shows erates much more litigation and much in flooding compared with the current more water is going to be released at more uncertainty. master manual—virtually none. the time it is more necessary. Let us not go down the path of litiga- I heard one of my good friends from To sum it all up, let’s pass this tion. We do have a process in place to Missouri say, well, gee, nobody can pre- amendment that strikes section 103.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8086 CONGRESSIONAL RECORD — SENATE September 6, 2000 Let the process continue to work. navigation industry has been declining Mr. ASHCROFT. Mr. President, I There is ample opportunity for public since it peaked in the late 1970’s. It is yield as much time as the Senator from comment. But let’s not disrupt it in a no longer appropriate to grossly favor Iowa may consume in opposing this way that will cause a lawsuit and will navigation above other uses of the motion to strike. cause a lot more problems than it will river. The PRESIDING OFFICER. The Sen- solve. I understand Senators who feel Those of us from the upstream States ator from Iowa is recognized. obligated, regardless of the facts, to have been working for more than 10 Mr. GRASSLEY. Mr. President, I support the Senator. But let’s do what years to get the Corps of Engineers to strongly urge my colleagues to support is right and not pass this. finally make changes in the 40 year old section 103 of the energy and water ap- I yield the floor. master manual for the Missouri River. propriations bill. This section would Mr. JOHNSON. Mr. President, I am After more than 40 years, the time prohibit changes to management of the pleased to take this opportunity to join has come for the management of the Missouri River which would unques- my colleagues to discuss the issue of Missouri River to reflect the current tionably increase flood risk on the the how the Missouri River should be economic realities of an $90 million an- lower Missouri and Mississippi Rivers. managed by the Corps of Engineers. I nual recreation impact upstream, If this section is dropped from the bill, strongly urge the Senate to adopt the versus a $7 million annual navigation landowners in Iowa along the Missouri Daschle-Baucus-Johnson amendment impact downstream. The downstream River will face the threat of increased to strike Section 103 from the Energy barge industry carries only 3/10 percent flooding. Farmers and other river barge and Water Appropriations bill, which of all agriculture goods transported in users would face increased transpor- prevents needed changes to the man- the upper Midwest. The Corps has been tation costs in getting their grain and agement of the Missouri River that managing the Missouri River for navi- other goods to market. Both of these have been called for by the U.S. Fish gation for far too long and it is time to outcomes are unacceptable to a major- and Wildlife Service. President Clinton finally bring the master manual into ity of Iowans. has stated that he will veto the bill if line with current economic realities. There is nothing new in this bill lan- this amendment is not included. The Passage of the Daschle-Baucus-John- guage. It has been placed in four pre- time has come to manage the river in son amendment will do just that. vious appropriations bill by my distin- line with current economic realities. As I stated earlier, the process to re- guished colleague from Missouri, Sen- This issue has come before the Sen- view and update the master manual ator BOND. Each of these bills has been ate because some Senators from states began more than 10 years ago, in 1989, signed into law by this President. The downstream on the Missouri River are in response to concerns regarding the measure would prohibit the U.S. Army attempting to politicize the manage- operation of the main stem dams, Corps of Engineers from implementing ment of the River. As has been done in mainly during drought periods. A draft a U.S. Fish and Wildlife Service plan to the last four years, they are trying to Environmental Impact Statement increase releases of water from Mis- politicize this issue by adding a rider (DEIS) was published in September 1994 souri River dams in the spring. The to the Energy and Water Appropria- and was followed by a public comment Daschle amendment could result in sig- tions bill to prevent the Army Corps of period. In response to numerous com- nificant flooding downstream given the Engineers from changing the 40 year ments, the Corps agreed to prepare a heavy rains that are usually experi- old master manual that sets the man- revised DEIS. enced in my, and other downstream agement policy of the river. After years of revisions and updates states during that time. Mr. President, let me assure you and that have dragged this process out to We must keep in mind that it takes the rest of my colleagues that after 40 ridiculous lengths, the Corps finally 8 days for water to travel from Gavins years, the management of the Missouri came forward with alternatives to the Point to the mouth of the Missouri. River is in serious need of an update to current master manual, including the Unanticipated downstream storms reflect the current realities of the ‘‘split season’’ alternative, which I can make a ‘‘controlled release’’ a River. The Corps current plan for man- strongly support, along with my col- deadly flood inflicting a widespread aging water flow from the Missouri leagues from the Upper Basin States. physical and human cataclysm. There River Dams, known as the master man- The rider to prevent implementation are many small communities along the ual provides relatively steady flows of changes in the manual has been in- Missouri River in Iowa. Why should during the spring, summer and fall to cluded for the last 4 years. In previous they face an increased potential risk support a $7 million downstream barge years, this rider was not as important for flooding and its devastation? They industry. The manual has not been sub- because the Corps was not ready to re- shouldn’t. stantially revised on 40 years. vise the river management policies. Equally unacceptable is the low-flow In that time, the projections of barge However, this year, the Corps is con- summer release schedule proposed by traffic used to justify the manual have sulting extensively with the Fish and the Clinton-Gore administration’s Fish never materialized. Instead, the steady Wildlife Service and is officially learn- and Wildlife Service. A so-called split flows required by the manual have con- ing that it must implement a spring navigation season would be cata- tributed to the decline of fish and wild- rise and split season to avoid driving strophic to the transportation of Iowa life along the river. endangered species to extinction. Since grain to the marketplace. In effect, the To counter this problem, the Army the Corps finally has a schedule to Missouri River would be shut-down to Corps of Engineers has proposed a revi- complete the process in the near fu- barge traffic during a good portion of sion of the master manual which gov- ture, rejecting this rider is more than the summer. It would also have a disas- erns how the river is managed. important than ever. trous effect on the transportation of I was among those who first called Those of us from the States in the steel to Iowa steel mills located along for a revision of the master manual be- Upper Basin are determined to work the Missouri, construction materials cause I firmly believed then, as I do aggressively for the interests of our re- and farm inputs such as fertilizer. now, that over the years, we in the gion. For decades our states have made Opponents of section 103 will advance Upper Basin states have lived with an many significant sacrifices which have an argument that a spring flood is nec- unfortunate lack of parity under the benefitted people living further south essary for species protection under the current management practices on the along the Missouri River. Endangered Species Act, and that grain Missouri River. It is no secret that we Mr. President, now is the time to fi- and other goods can be transported to continue to suffer from an upstream vs. nally bring an outdated and unfair market by railroad. I do not accept downstream conflict of interest on Mis- management plan for the Missouri that argument. I believe that there is souri River uses. Navigation has been River up to date with modern economic significant difference of opinion wheth- emphasized on the Missouri River, to realities. I urge my colleagues to super or not a spring flood will benefit pal- the detriment of river ecosystems and port this amendment. lid sturgeon, the interior least tern or recreational uses. I recognize that The PRESIDING OFFICER. The dis- the piping plover. In fact, the Corps has navigation activities often support tinguished Senator from Missouri is demonstrated that it can successfully midwestern agriculture, however the recognized. create nesting habitat for the birds

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Further, it thereby sanctioning the Fish and Wild- tions bills, all of which the President is in dispute among biologists whether life Service’s attempt to bully the signed without opposition. or not a flood can create the necessary Corps of Engineers into immediately In an effort to protect the species’ habitat for the sturgeon. changing the river’s water manage- habitats, the U.S. Fish and Wildlife I would further point out that the ment plan to include a spring rise Service issued an ultimatum to the Fish and Wildlife Service has yet to which would increase flood risk on the Army Corps of Engineers insisting that designate ‘‘critical habitat’’ for the lower Missouri and Mississippi Rivers. the U.S. Corps of Engineers imme- pallid sturgeon as required by the En- This is not just a dispute between the diately agree to its demand for a spring dangered Species Act. States of Missouri and the Dakotas. It rise. The Corps was given 1 week to re- Loss of barge traffic would deliver is a much larger issue. It is about spond to the request of Fish and Wild- the western part of America’s great whether we will prevent unnecessary life for immediate implementation of a grain belt into the monopolistic hands administrative intrusion into the oper- spring rise. The Corps’ response was a of the railroads. Without question, ation of the Missouri or any U.S. river, rejection of the spring rise proposal, grain transportation prices would dras- and whether the public it is about and they called for further study of the tically increase with disastrous results should have the opportunity to review effect of the spring rise. on farm income. proposed changes and whether we The Bond language in section 103 will Every farmer in Iowa knows that the should allow a disputed biological opin- allow for the studies the Corps rec- balance in grain transportation is com- ion to be the subject of independent ommends. petition between barges and railroads. scrutiny. National environmental groups want This competition keeps both means of Without section 103, decades of oper- to delete section 103. They want to do transportation honest. This competi- ating the Nation’s commercially navi- that in an attempt to circumvent addition keeps transportation prices down gable rivers for multiple purposes will tional analysis of the effects of the pro- and helps to give the Iowa farmer a be reversed without clear congressional posal. better financial return on the sale of direction. What is ironic and even tragic is that his grain. This competition helps to Joining us in urging defeat of the spring flooding could hurt the targeted make the grain transportation system pending amendment is a bipartisan col- species more than it would protect in America the most efficient and cost lection of people and organizations rep- them, and it would do so in a way that effective in the world. It is crucial in resenting farmers, manufacturers, would increase the risks of downstream keeping American grain competitively labor unions, shippers, cities, and port flooding and interfere with the ship- priced in the world market. The Corps authorities from 15 Midwest States. ment of cargo on our Nation’s high- itself estimates that barge competition Also supporting us in opposing the ways. reduces rail rates along the Missouri Daschle amendment are major national Dr. Joe Engeln, assistant director of by $75–200 million annually. organizations, including the American the Missouri Department of Natural Further, if a drought hits during the Farm Bureau, the American Water- Resources, stated in a June 24 letter split navigation season, there would be ways Association, the National Grange, that there are several major problems even less water flowing along the Mis- and the National Soybean Association. with the Fish and Wildlife’s proposed souri. This would greatly inhibit navi- We are united in opposing this plan that may have a perverse effect of gation along the Mississippi River. We amendment because of the risk. It harming the targeted species rather cannot let this happen. would lead to a dangerous flooding con- than helping the targeted species. Less water flowing in the late sum- dition and could interfere with the mer would also affect hydroelectric First, Dr. Engeln points out that the movement and cost of grain and cargo plan would increase the amount of rates. The decreased flows would mean shipped on our Nation’s inland water- less power generation and higher elec- water held behind the dams, which ways. would have the effect of reducing the tric rates for Iowans who depend upon It is not a novel thing for me to stand this power source. amount of river between the big res- in defense of the Missouri River. I come ervoirs by about 10 miles in an average I agree with the National Corn Grow- to this debate after fighting for Mis- ers and their statement that, ‘‘an in- year and a reduction in certain parts of souri’s water rights as the Missouri at- the river. tentional spring rise is an unwar- torney general and Governor, and I will ranted, unscientific assault on farmers In addition, Dr. Engeln writes, ‘‘The continue to make water flows on the higher reservoir levels would also re- and citizens throughout the Missouri Missouri and Mississippi Rivers top pri- River Basin.’’ I urge my colleagues to duce the habitat for the terns and plov- orities. ers that nest along the shorelines of support section 103. Vote against the As background for this debate, Sen- the reservoirs.’’ Daschle amendment. ators need to know that the use of the Dr. Engeln also points out that be- The PRESIDING OFFICER. The dis- Missouri River is governed by what is cause the plan calls for a significant tinguished Senator from Missouri is known as the Missouri River Master drop in flow during the summer, preda- recognized. Manual. Right now, there is an effort Mr. BOND. Mr. President, I rise to tors will be able to reach the islands underway to update that manual. The speak in support of section 103, and I upon which the terns and plovers nest, specific issue that is at the crux of this yield myself such time as I may con- giving them access to young still in debate today is what is called a spring sume to make my remarks. nests. It is clear there isn’t a single rise. A spring rise in this case is a re- Section 103 of this bill is a provision view about the value, even in terms of lease of huge amounts of water from that is necessary for the millions of seeking to protect these species which above Gavins Point Dam on the Ne- Americans who live and work along the are the focus of this debate. braska-South Dakota border during the Missouri and Mississippi Rivers. But Some advocates of the proposed plan flood-prone spring months. before I get into detailing those consid- claim this plan is a return to more nat- To see whether such a controlled erations, let me commend Senator ural flow conditions. They say, we flood may improve the habitat of the BAUCUS and the Senate Appropriations want to return the river to its condi- pallid sturgeon, the least tern, and the Committee for including section 103 in tion at the time of the Lewis and Clark piping plover, section 103 is a common- the energy and water appropriations expedition. Not only is it unrealistic to sense provision that states: bill. return the river to its ‘‘natural flow’’ This section protects the citizens of None of the funds made available in this act may be used to revise the Missouri River when the Midwest was barely habitable my State of Missouri and other States Master Water Control Manual if such provi- because of erratic flooding conditions, from dangerous flooding and allows for sions provide for an increase in the spring- according to Dr. Engeln, cost-efficient transportation of grain time water release program during the The proposal would benefit artificial res- and cargo. Of course, cost-efficient spring heavy rainfall and snow melt period ervoirs at the expense of the river and create transportation provides a basis for in States that have rivers draining into the flow conditions that have never existed much of our industry and agriculture. Missouri River below the Gavins Point Dam. along the river in Iowa, Nebraska, Kansas, The pending amendment would de- This policy has been included in the and Missouri. lete section 103 in the underlying bill, last four energy and water appropria- Dr. Engeln’s letter states:

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Sec- protect these species. crop efficiently to the ports is very im- tion 103 would only be operative for fis- Listen to the last comment: The Mis- portant in terms of our competitive po- cal year 2001. souri Department of Natural Re- sition. It is a necessary thing that we The third point that the opponents sources—I might note, this is a well- preserve this potential for those who make is that the Fish and Wildlife recognized department; our conserva- operate our family farms—not just to Service proposal will help Mississippi tion and natural resource departments have the transportation—to avoid the barge navigators. The true fact is every are nationally recognized. We are espe- unnecessary and devastating potential Mississippi navigational organization cially supportive, with special inde- of floods. and transportation entity is against pendent tax revenues for the conserva- Last week, the sponsors of the pend- the proposed spring rise and in support tion commission. The Missouri Depart- ing amendment circulated a Dear Col- of section 103. They say these folks will ment of Natural Resources states that league letter regarding their amend- all be assisted by this. But all the folks the Fish and Wildlife Service should ment. It is a letter to explain their idea who actually work in this industry, recognize the proposal’s failure to proof striking section 103. They laid out every single navigational organization tect these species. the arguments. The environmental says that kind of assistance ‘‘we don’t The plan by the Fish and Wildlife groups who are supporting the Daschle want.’’ It is akin to the fellow saying: Service fails to protect species. It ex- amendment have made many of the I don’t think the check is in the mail poses the citizens of the Midwest and same points in defense of their posi- and I don’t think you are from the Fed- Southern States and their farms and tion. I want to take a few minutes to eral Government and here to help me. cities and ports to dangerous flooding. refute the main points of the sup- The fourth point that our opponents It also interferes with the shipment of porters of this amendment, which is to make is that the Missouri River farm- cargo and could lead to higher prices strike this provision. ers will benefit by the proposed man- being charged for the shipment of First, the supporters argue that the agement changes. The real fact is that cargo. Missouri River management changes every farm group is against the pro- Over 90 organizations representing will not create potential downstream posal and is in favor of retaining sec- farmers, shippers, cities, labor unions, flooding because the spring rise would tion 103. The American Farm Bureau and port authorities sent a letter to not occur every year. It would not be Federation, the National Corn Growers implemented during the 10 percent Association, the National Association Congress last week that Senator BOND highest flow years, they say, ‘‘and the of Wheat Growers, the American Soy- has had printed in the CONGRESSIONAL Corps would not release additional bean Association, the National Grain RECORD. Let me briefly quote from this letter: water from Gavins Point dam if the and Feed Association, the National Missouri were already flooding.’’ Council of Farmer Cooperatives, Agri- The spring rise demanded by the Fish and While this may sound reassuring, it Wildlife Service is based on the premise that culture Retailers Association—enough. we should ‘‘replicate the national is not acceptable to those citizens liv- The fifth point our opponents make hydrograph’’ that was responsible for dev- ing downstream because unreliable is that public recreational opportuni- astating and deadly floods, as well as sum- waterflows pose a grave danger to ev- ties in upstream States will be im- mertime droughts and even dust bowls. eryone living and working along the proved by the proposed changes. Ac- The letter goes on to say: banks of the river. The spring rise cording to the mark 2,000 set of groups, For decades we have worked to mitigate would come at a time in the year when no evidence exists to suggest that the negative implications of the natural downstream citizens are most vulner- recreation and tourism will benefit hydrograph with multiple purpose water re- able to flooding and downstream agri- from a spring rise. source programs. These efforts have pro- culture is certainly very vulnerable to The sixth point our opponents make tected communities from floods and also pro- flooding. is that the spring rise will help to re- vided hundreds of thousands of families wage It normally takes 11 or 12 days for store the health of the river and re- jobs in interior regions. water to travel from the Gavins Point cover endangered fish and bird species. These 90-plus organizations are ex- reservoir to St. Louis. During the No documentation has been provided actly right. For decades, the Govern- spring, the weather in the Midwest is that establishes the need for a spring ment has made water resource manage- unpredictable. I might want to protect rise beyond what currently occurs nat- ment decisions by taking into account myself. It may be that the weather in urally. As I mentioned before, the Mis- the many varied uses of the river in the Midwest is always predictable. souri Department of Natural Resources balancing the interests of all affected I remember last summer visiting a strongly disagrees that a spring rise groups: agriculture, energy, municipal, flood-ravaged city in eastern Missouri would have environmental benefits for industrial, environmental, and rec- in this watershed. Union, MO, had a 14- endangered birds. reational. Our policies in the past have inch rain that was not predicted. I had The seventh point our opponents been designed to protect communities flooding on my farm in late July when make in their letter is that the only in- against natural disasters, as well as we had a 7-inch unpredicted rain. And dustry harmed by the proposal would allow efficient and environmentally not only just this kind of outburst or be the downstream barge industry. friendly river transportation, low-cost cloud burst, but we know that the They don’t always make this point. and reliable hydropower and a bur- weather in the Midwest is hard to pre- Sometimes they say this will not make geoning recreation industry. dict. Heavy rain or a series of heavy any difference to the barge industry. Let me indicate when I was attorney rains in the 12-day period following a Sometimes they say it is going to help general of the State of Missouri—and spring rise would certainly greatly in- the barge industry. Then they say the that is several decades ago—there was crease the chances for downstream only industry that would be hurt would a run made on the river at that time to flooding, and the amount that would be be the barge industry. I think what we divert the river, to run it through a necessary to top a levy here and there can all agree on is the barge industry pipeline to the lower Gulf States and to could be the amount precipitated with would be affected, and I think we ought run the river in conjunction with pow- the rise, the purposeful release of the to listen to the barge industry. The dered coal through the pipeline as a water. barge industry simply says very clearly means of taking the river. The second major point the oppo- they don’t want any part of this, that I guarded the river then because I nents make is that section 103 pro- they reject this concept. knew of its value to our State. Half the hibits the Corps from producing a final Competition on the waterways, of people in the State of Missouri drink environmental impact study. The true course, would be impaired. If you hurt water from the Missouri River. It is a fact is the language of section 103 only the barge industry, it is totally naive

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8089 to think that you can hurt the barge Mr. BAUCUS. I don’t know if the million; not lower, higher. So the hy- industry and that would be the only in- Senator from Missouri wants to speak dropower benefits under the spring rise/ dustry hurt. If you hurt the barge in- now. I have maybe 5 or 10 minutes of split season are actually better, higher dustry and take that grain shipment points I want to make, but if the Sen- than they are under the current master capacity out of the system, all of a sud- ator wants to speak now—— manual. den you have to load more trucks. So Mr. BOND. Please; my colleague has Another point, you have heard stated there would be a greater demand for the floor. many times on the floor tonight this trucking. With more demand, we all Mr. BAUCUS. Mr. President, just sev- provision has been in the appropria- know what happens: Supply and de- eral points for the record. In all due re- tions bill for about 4 years and there mand, if the supply is the same the spect, listening to my colleagues, there has been no objection; the President price goes up. In fact, it doesn’t take a were lots of conclusions. I don’t hear a hasn’t objected, so what is the big particularly strong analytical bent to lot of facts, support for the statements deal? The difference is in those prior get there. But the Tennessee Valley made. years it was all abstraction. That is, Authority has made some estimates One of the statements I heard is that there was no Fish and Wildlife Service about this. According to the TVA, flood control benefits will be much biological opinion. We were dealing water competition holds down railroad worse under the preferred plan, that is with thin air, not dealing with some- rates, not only trucking rates but rail- the spring rise/split season. But that is thing substantive. Now we are. The road rates, and the holddown of the not what the facts are, according to Fish and Wildlife Service issued their railroad rates by water competition is the Army Corps of Engineers. If you biological opinion. We have something about $200 million each year. look at all the various data here on all definite. And they concluded the spring If you are talking about that kind of the various alternatives that the Corps rise/split season is necessary. impact holding down those rates, I considered, it totaled up the flood con- On that same point, I might say the think it is fair to say there are poten- trol benefits for the river from the Fort group that peer-reviewed this pro- tial ripple effects on a lot of other Peck Dam down to the mouth, and I posal—I think there are seven or eight folks than just the barge industry, and must say there is statistically no dif- from the Missouri River basin—unani- I happen to believe this is a time when ference in flood control benefits. So mously concluded this is necessary. the American farmer might find him- this big scare tactic of floods—I have I might tease my good friend from self on the tracks and the fast freight heard some say, not on this floor, a Missouri, saying his colleague at coming through, and not for the ben- wall of water—is, according to the length quoted a Missourian who has efit of the American farmer. It is time facts, inaccurate. It is inaccurate ac- had problems with the proposal alter- for us to say we need as much competi- cording to the modeling done by the native. I might tease my friend from tion as possible in hauling these re- Corps on all the various alternatives. Missouri, pointing out of the seven sci- sources to market rather than to mini- The benefits under the current mas- entists on the peer review who unani- mize that competition. ter manual, flood control benefits, ac- mously concluded this makes sense, Finally, the amendment sponsors say cording to the Army Corps of Engi- two of them are Missourians, one with the President will veto this bill if sec- neers, are about $414 million. The the department of conservation and the tion 103 is maintained. If the President spring rise/split season flood control other with the University of Missouri decides to veto the entire bill after benefits are virtually statistically the at Columbia. One says it is a bad idea; having signed this provision four times same; that is, $410 million—virtually two say it is a good idea. I will take previously, it states a very clear mes- no difference. Those are the facts. Not the majority vote from the Missou- sage by the Clinton-Gore administra- the rhetoric, not the abstraction, not rians. tion to the citizens of the Midwest. It the generalization, but the facts. I might also point out that basically is very easy to understand. Unfortu- Second, I have heard here that the we want the Corps of Engineers to fol- nately, it would be very hard to digest spring rise/split season will increase low the law. Under the law, whenever a and accommodate. But the message Mississippi River navigation costs. species is threatened or endangered, would be this: The Clinton-Gore admin- That is the assertion. Let’s look at the the Fish and Wildlife Service consults istration is willing to flood down- facts, again, facts according to studies with the relevant agency—in this case stream communities as part of an un- done by the Army Corps of Engineers— the Army Corps of Engineers. And scientific, risky scheme that will hurt, not by that dreaded Fish and Wildlife under the law, the alternative must not help, the endangered species it Service, but by the Army Corps of En- comply with the Endangered Species seeks to protect. If that is the message, gineers. Act. It will not have the devastating I wouldn’t want to be the messenger. A The facts: If you look at the average effect that has been asserted. vote for the Daschle amendment sends annual Mississippi River navigation I say so not as an assertion but the message to communities all along costs for the Army Corps of Engineers, backed up by facts, backed up by the the Missouri River that this Congress under the master manual it is about Army Corps of Engineers’ own data. supports increased flooding of property $45.70 million; under the spring rise al- Look at the data. The data shows, A, and higher costs for family farmers, ternative is it $46.85, which comes out this is not going to cause all the prob- factory workers, and industrial freight to less than a 1-percent difference. So, lems that have been asserted and, B, movers. again, it is a scare tactic and an inac- this is probably necessary under the I think it is pretty clear that there is curate scare tactic to say that the law. Otherwise, it is thrown in the not sound science to support some pro- spring rise/split season is going to in- courts, and we all know what happens tection of these species. There is a crease navigational costs downriver on when something like this is thrown clear disagreement among scientists, the Mississippi. It is just not accurate, into the judicial system. We will be and a strong argument that the imple- according to studies done by the Army wrapped up trying to resolve this for mentation of this plan would, in fact, Corps of Engineers. years and years. damage the capacity of some of these I have also heard on the floor this I strongly urge my colleagues to do species to continue. evening that the spring rise/split sea- what is right. Follow the science, fol- I urge Senators to look closely at the son will decrease hydropower benefits low the law, and vote to delete section facts and to stand with the men and for the main stem reservoir system. 103 from the appropriations bill. women who depend upon sane, sci- That is the assertion. That is the rhet- Mr. President, I yield the floor. entific management of the Missouri oric. Let’s look at the facts. Let’s look The PRESIDING OFFICER. The dis- and Mississippi Rivers, and to join me at what the Army Corps of Engineers’ tinguished Senator from Missouri is in voting no on the Daschle amend- actual data says. I have it here before recognized. ment. me. Under the current master manual, Mr. BOND. Mr. President, I yield my- I yield the floor. the average annual hydropower bene- self 5 minutes, which I hope ends this The PRESIDING OFFICER. Who fits total $676 million. Under the spring debate for this group who is listening yields time? The distinguished Senator rise/split season, the average annual in rapt attention. I appreciate the at- from Montana. hydropower benefits are higher, $683 tention of those people who are sitting

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8090 CONGRESSIONAL RECORD — SENATE September 6, 2000 on the edge of their seats learning flows from Fort Peck Reservoir. The Mr. BAUCUS. Mr. President, I yield more than they ever wanted to know enhanced flows will be coordinated back the remainder of my time and ask about the Missouri River. It is impor- with the unbalancing of the upper that we let the process work. tant to us. It is vitally important to basin reservoirs and thus will occur ap- The PRESIDING OFFICER. All time Missouri and other downstream States. proximately every third year. This is is yielded back. We do disagree with some of the in the upper basin. It does not have any f statements that have been made by my impact directly downstream. MORNING BUSINESS colleagues on the other side. We have a With respect to the lower Missouri Mr. BOND. Mr. President, I now ask disagreement on the interpretation and River, which is below the last dam— unanimous consent that the Senate I think a disagreement on the facts. that is, Gavins Point releases—the now proceed to a period of morning The statement has been made that statement of the Missouri River Basin business, with Senators permitted to the Fish and Wildlife Service’s split Association is that it recognizes the season does not have any impact on the speak for up to 10 minutes each. controversial nature of adjustment to The PRESIDING OFFICER. Without river flows in the Mississippi River. releases from Gavins Point Dam. objection, it is so ordered. That has not happened. The Fish and MRBA recommends the recovery com- Wildlife Service proposal, according to mittee investigate the benefits and ad- f the Corps of Engineers’ advice to us verse impacts of flow adjustment to AIRPORT SECURITY today, has not happened. That is not the existing uses of the river system. IMPROVEMENT ACT OF 2000 accurate. They did not, have not, and are not Mr. MCCAIN. Mr. President, on June I believe strongly the spring rise will recommending increased flows. 15, 2000, the Committee on Commerce, take water out of upstream reservoirs. This effort by the Fish and Wildlife Science, and Transportation reported They need that water for recreation. I Service to impose their views over the S. 2440, the Airport Security Improve- have worked very closely with my views not only of the neighbors of the ment Act of 2000. A report on the bill friend and colleague from Montana, people downstream who have studied was filed on August 25, 2000. At that and others, to do what we can to ac- it, the fish and wildlife agencies, this is time, the committee was unable to pro- commodate legitimate recreation a risky scheme that provides tremen- vide a cost estimate for the bill from needs. My colleague from Montana was dous potential for a flooding disaster the Congressional Budget Office. On a very valuable ally when we pushed along the Missouri River, and I urge September 1, 2000, the accompanying through the middle Missouri River my colleagues tomorrow to oppose the letter was received from the Congres- habitat mitigation plan that made motion to strike. sional Budget Office, and I now make it changes that we think are improving The PRESIDING OFFICER. The Sen- available to the Senate. I ask unani- fish and wildlife habitat along the Mis- ator from Montana is recognized. mous consent that the letter from CBO souri. I thank him for that. Mr. BAUCUS. Mr. President, I want be printed in the RECORD. When he says the models show there There being no objection, the mate- to say it has been a good debate. Our is a statistically insignificant impact rial was ordered to be printed in the views have been aired. I deeply respect downstream, any kind of spring rise in RECORD, as follows: that different Senators might have dif- any year which is an exceptional flood ferent points of view on this issue. U.S. CONGRESS, year is going to have exceptional and CONGRESSIONAL BUDGET OFFICE, After all, that is why we run for this disastrous impacts. Look at it in a low- Washington, DC, September 1, 2000. job. That is why we are here. We all flow year. It may not make much dif- Hon. JOHN MCCAIN, have various points of view. I do not ference, but if you put that spring Chairman, Committee on Commerce, Science, want to be corny, but that is what surge down the river in a year when we and Transportation, U.S. Senate, Wash- makes democracy strong—various ington, DC. get that unexpected 6-inch, 8-inch, 10- points of view. DEAR MR. CHAIRMAN: The Congressional inch, 14-inch rise, we have a dev- Budget Office has prepared the enclosed cost I very much respect and appreciate astating flood that not only wipes out estimate for S. 2440, the Airport Security Im- property and destroys facilities along my good friend from Missouri and oth- provement Act of 2000. the river but puts lives at danger. ers who are arguing to include this pro- If you wish further details on this esti- The statement was made that fish vision in the appropriations bill to pre- mate, we will be pleased to provide them. The CBO staff contacts are James O’Keeffe and game agencies are united behind vent the spring rise. My basic point is we have different points of view on (for federal costs),who can be reached at 226– this plan. They are not. This is one of 2860, Victoria Heid Hall (for the state and the big questions that needs to be re- this. My basic point is let the process local impact), who can be reached at 225–3220, solved. Resolution of those questions work, do not preempt it. There will be and Jean Wooster (for the private-sector im- can and must go on during the coming plenty of opportunities for comments pact), who can be reached at 226–2940. year. We do not stop all of the agencies on the draft opinion and on whatever Sincerely, from continuing the discussions and alternative the Army Corps of Engi- BARRY B. ANDERSON neers picks. There are lots of different (For Dan L. Crippen, Director). debate. Contrary to what has been said Enclosure. on this floor by the proponents of the options. Let’s not prejudge it by saying it cannot be one as opposed to others. CONGRESSIONAL BUDGET OFFICE COST motion to strike, we only say you can- ESTIMATE, SEPTEMBER 1, 2000 not implement the spring rise. Somebody might come up with a better idea between now and then. My belief S. 2440: AIRPORT SECURITY IMPROVEMENT ACT This risky scheme needs to be thor- OF 2000, AS REPORTED BY THE SENATE COM- oughly worked out, thoroughly deis we should let the process work. We MITTEE ON COMMERCE, SCIENCE, AND TRANS- bated, before anybody has a thought of can let it work by not adopting this PORTATION ON AUGUST 25, 2000 putting it into action. That is why we rider to the appropriations bill. We SUMMARY want to have a year with no spring rise should work through this as it evolves. S. 2440 would require the Federal Aviation implemented as ordered by the diktat Mr. President, I yield the floor. Administration (FAA) to revise certain air- of the U.S. Fish and Wildlife Service in Mr. BOND. Mr. President, I am pre- port security policies and procedures. These their letter of July 12. pared to yield back time on this side policies would direct airports and air car- and bring this to a blessed conclusion riers to implement a number of security The statement was made that the measures, including Federal Bureau of Inves- consensus of the States in the Missouri after stating that I appreciate the tigation (FBI) electronic fingerprint checks River Basin Association was in favor of chance to discuss this issue with my before filling certain jobs, better training for a spring rise. There is a difference be- good friend from Montana and to say security screeners, and more random secu- tween a spring rise in the upper part of we are willing to let the process go for- rity checks of passengers. S. 2440 also would the river which is above the dams, ward. Just do not send us a controlled require the FAA to expand and accelerate above Gavins Point, which makes the flood next spring. That is all we ask. the current effort to improve security at air Let the process work. Do not send the traffic control facilities. difference on what the flows are in Mis- CBO estimates that implementing S. 2440 souri, Kansas, Iowa, and Nebraska. water down. would cost $155 million over the 2001–2005 pe- The Missouri River Basin Association I now yield back the time on this riod, assuming appropriation of the nec- recommends trial fish enhancement side. essary amounts. That amount represents the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8091 difference between estimated spending under would require airport owners and operators comply with the mandate air carriers would FAA’s current plan for security improve- to improve airport security. Based on infor- have to either (1) reprogram their computer ments and spending for such improvements mation from the Airports Council Inter- systems to selectively increase the random under the bill. Because S. 2440 would affect national and the Air Transport Association, selection factor in airports that use bulk ex- direct spending, pay-as-you-go procedures CBO estimates that the new requirements plosive detection equipment or (2) increase would apply, but CBO estimates the net im- would impose no significant costs on state, the number of bags undergoing enhanced se- pact on direct spending would be negligible. local, or tribal governments, including air- curity checks based on the factor whether or S. 2440 contains an intergovernmental port authorities, because under existing con- not an airport uses such equipment. In either mandate as defined in the Unfunded Man- tracts and agreements any additional costs case, air carriers would incur the incre- dates Reform Act (UMRA) because it would would be borne by air carriers and other air- mental cost of checking the additional bags require airport operators to improve airport port tenants. at airports that use bulk explosive detection security. CBO estimates that the new re- ESTIMATED IMPACT ON THE PRIVATE SECTOR equipment. quirements would impose no significant Estimate prepared by: Federal Costs: costs on state, local, or tribal governments, S. 2440 would impose private-sector mandates, as defined by UMRA, on air carriers James O’Keeffe (226–2860). Impact on State, including public airport authorities. Local, and Tribal Governments: Victoria S. 2440 would impose private-sector man- and security screening companies. Based on information from the FAA and industry rep- Heid Hall (225–3220). Impact on the Private dates, as defined in UMRA, on air carriers Sector: Jean Wooster (226–2940). and security screening companies. CBO ex- resentatives, CBO estimates that the costs of those mandates would not exceed the annual Estimate approved by: Peter H. Fontaine, pects that total costs of those mandates Deputy Assistant Director for Budget Anal- would not exceed the annual threshold estab- threshold established by UMRA for private- ysis. lished by UMRA for private-sector mandates sector mandates ($109 million in 2000, ad- ($109 million in 2000, adjusted for inflation). justed for inflation). f First, the bill would mandate new hiring ESTIMATED COST TO THE FEDERAL GOVERNMENT VICTIMS OF GUN VIOLENCE procedures and training standards for airport The estimated budgetary impact of S. 2440 security workers. Section 2 would require air is shown in the following table. The costs of Mr. REID. Mr. President, it has been carriers to conduct an FBI electronic finger- this legislation fall within budget function more than a year since the Columbine 400 (transportation). print check on all applicants for certain po- tragedy, but still this Republican Con- sitions related to airport security positions gress refuses to act on sensible gun leg- SPENDING ON SECURITY IMPROVEMENTS TO AIR TRAFFIC with unescorted access to sensitive areas, po- islation. sitions with responsibility for screening pas- CONTROL FACILITIES SUBJECT TO APPROPRIATION sengers or property (screeners), and screener Since Columbine, thousands of Amer- [By fiscal year, in millions of dollars] supervisor positions. Because the FBI elec- icans have been killed by gunfire. Until tronic fingerprint checks would make the we act, Democrats in the Senate will 2000 2001 2002 2003 2004 2005 current price of employment investigations read the names of some of those who Spending Under Current Plan: and subsequent audits of those investiga- have lost their lives to gun violence in Estimated Authorization Level ...... 12 19 20 23 25 25 tions unnecessary, enacting this section Estimated Outlays ...... 6 20 20 22 24 25 the past year, and we will continue to Proposed Changes: could result in savings for air carriers. Sec- do so every day that the Senate is in Estimated Authorization Level ...... 0 61 70 67 ¥25 ¥25 tion 3 would require additional hours of ¥ ¥ session. Estimated Outlays ...... 0 46 68 68 2 25 training for security screeners. In addition, Spending Under S. 2440: In the name of those who died, we Estimated Authorization Level ...... 12 80 90 89 0 0 the bill would require that computer train- Estimated Outlays ...... 6 66 88 90 22 0 ing facilities be located near certain air- will continue this fight. Following are ports. the names of some of the people who BASIS OF ESTIMATE Second, the bill would accelerate the effec- were killed by gunfire one year ago For this estimate, CBO assumes that S. tive date of two sets of requirements that today. September 6, 1999: Andres 2440 will be enacted near the beginning of fis- the FAA plans to implement in the next Aguliar, 33, Houston, TX; Sharon cal year 2001 and that the necessary amounts year. Section 3 would accelerate the FAA’s Barraso, 20, Philadelphia, PA; Tony will be appropriated for each fiscal year. Es- current proposed rule on the Certification of timated outlays are based on historical Screening Companies. The rule is intended Butler, 18, Philadelphia, PA; Edwin spending patterns. to improve aviation security by requiring Cordova, 23, Houston, TX; Tijuan S. 2440 would require the FAA to expand companies and air carriers that provide secu- Dickey, 19, Baltimore, MD; Ellis Hair, and accelerate its current plans to improve rity screening to be certified by the FAA. 21, Chicago, IL; Anthony Jones, 32, De- security at air traffic control facilities. Section 4 would also accelerate a number of troit, MI; Louis Merril, 17, Chicago, IL; Based on information from the FAA, imple- requirements on air carriers to improve se- Oscar Murray, 24, Detroit, MI; Isaac menting this provision of the bill would cost curity at access control points at airports. about $155 million over the 2001–2005 period. Noyola, 21, Houston, TX: Kevin Parker, Most significantly, the section would require 23, St. Louis, MO; Michael Sanchez, 28, This amount includes a spending increase of air carriers to develop and implement pro- $182 million during the 2001–2003 period and a grams that foster and reward compliance Philadelphia, PA: Gregory Scott, 30, $27 million reduction in spending over the with access control requirements. Because S. Houston, TX; Vincent Casey Stanley, following two years, relative to current 2440 would accelerate implementation of 36, Memphis, TN; Cheryl Thornton, 20, plans for security improvements. those new mandates, air carriers and secu- New Orleans, LA; Unidentified Male, Implementing S. 2440 would require air- rity screening companies would incur some 58, Norfolk, VA; and Unidentified Male, ports and air carriers to increase the number compliance costs months earlier compared of fingerprint checks on employees and po- 25, Norfolk, VA. to current law. tential hires that are conducted by the FBI One of the gun violence victims I Third, Section 6 would require the FAA to with assistance from the Office of Personnel mentioned 23-year-old Edwin Cordova gradually increase the random selection fac- Management. Both of these agencies would tor in the Computer-Assisted Passenger of Houston, was on his way home from receive payments from airport operators and Prescreening System (CAPPS) at airports a trip to Galveston with a group of air carriers (or their contractors), which where bulk explosive detection equipment is friends. After passing a truck that had would be recorded as offsetting receipts (a used. The selection factor controls the num- been attempting to block their way, credit against direct spending). These pay- ber of passengers randomly selected to have ments could then be spent without further one of the truck’s passengers fired gun- their baggage undergo enhanced security appropriation action to conduct fingerprint shots through the rear window of the checks on employees. Since the additional checks. If bulk explosive detection equip- vehicle. Cordova, who was riding in the direct spending and offsetting receipts would ment is available, it is used for this en- front passenger’s seat, died at the hos- be approximately equal, we estimate that hanced security check. If it is not available, the passenger’s baggage is placed on the air- pital of a gunshot wound to the neck. the net impact on direct spending of this We cannot sit back and allow such provision would be negligible. plane only after the air carrier has confirmed that the passenger is on board. senseless gun violence to continue. The PAY-AS-YOU-GO CONSIDERATIONS Because only about 5 percent of airports deaths of these people are a reminder the Balanced Budget and Emergency Def- use the bulk explosive detection equipment, to all of us that we need to enact sen- icit Control Act sets up pay-as-you-go proce- enacting Section 6 would, in theory, increase sible gun legislation now. dures for legislation affecting direct spend- the number of bags that would be checked ing or receipts. implementing S. 2440 would with the bulk explosive detection equipment f affect direct spending, but CBO estimates in only a few airports. According to the FAA A STRONG MEDICARE FOR OUR that any such effects would be negligible. and industry representatives, however, a SENIORS’ FUTURE ESTIAMTED IMPACT ON STATE, LOCAL, AND limitation in CAPPS would not allow an in- TRIBAL GOVERNMENTS crease in the random factor in a subset of se- Mr. ABRAHAM. Mr. President, Medi- S. 2440 contains an intergovernmental lected airports. All airports would be subject care, that’s what seniors and health mandate as defined in UMRA because it to the increased random factor. Thus, to care providers in Michigan talked

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8092 CONGRESSIONAL RECORD — SENATE September 6, 2000 about with me over the August recess— side of the aisle seem to find new ex- surance programs, such as those inno- Medicare. Whether it was prescription cuses every week for why they can’t vative programs being offered by drug coverage for Medicare bene- vote for even the most non-controver- Macomb and Wayne Counties in Michi- ficiaries, Medicare reimbursement res- sial of the appropriations bills, I doubt gan, where price savings of as much as toration so that health care providers that will happen. In the short term, 70 percent on drugs are obtained. But can continue to provide quality health Medicare will remain solvent and will as I’ve pointed out before, Medicare care for beneficiaries, or reining in the be able to provide adequate medical beneficiaries can’t take advantage of excesses in this Administration’s cru- care for seniors. However, Michigan these savings because the Medicare sade to ferret out Medicare fraud and seniors need prescription drug coverage system still employs the antiquated abuse, even where it does not exist, I as soon as possible, and I intend to see priorities and structures of the days in have heard the message of my constitu- that happen. which it was born. ents, and that is that Medicare needs Twice this summer, once on my own, For the average American senior to be modernized, reformed, and re- and once with a bipartisan group of 12 with drug expenses of about $670 per focused on providing the best health other Senators, I have called upon the year, in 2002, our plan would provide an care possible for seniors and the dis- Senate Leadership to bring to the Sen- immediate savings of $235 per year. abled. ate floor a meaningful prescription And, depending upon the drugs they Nowhere has the national debate on drug plan that will not only cover have prescribed, savings could be as Medicare focused more clearly than on these increasingly expensive drugs, but high as 70–85 percent for the more com- prescription drug costs. The increased also ensure that such a plan does not mon drugs where usage is higher and reliance on prescription drugs in health impose additional costs on our seniors, competing brands more plentiful. Fur- care treatments in recent years means additional costs that would wipe out thermore, there would be even greater seniors are paying a much higher por- any savings the coverage would pro- market pressure for lower prices under tion of their income on drugs. As new vide. It makes little sense to me to es- our plan because multiple, competing drugs come on the market that allow tablish a prescription drug plan that drug discount plans would be available doctors to treat illnesses without sur- pays for 50 percent, or even 100 percent, from which seniors could choose. If the gery, or even allow them to treat ill- of a senior’s drug expenses, which aver- particular drugs a senior uses were nesses for the first time, the result is age about $550 per year, but then saddle cheaper under another plan, that sen- that health care has shifted from inpa- them with $600 in new premiums, and ior could shift over to that plan, and tient hospital services for surgical have them end up with greater out-of- enjoy those better discounts. By allow- treatment to outpatient care that uti- pocket expenses than if they never had ing the market to drive down prices we lizes more, better, and more specific the coverage in the first place. That’s can provide robust market price dis- drugs. The result is that while per unit not what I hear Michigan seniors say counts that no other plan before Con- costs of drugs are expected to increase they want in a prescription drug plan. gress can beat, and which are substan- by an average of 3.2 percent over the No, what I hear them say is that they tially better than those offered under next five years, overall drug expendi- want a prescription drug plan that will almost every Democrat plan which I’ve tures are expected to rise by almost actually reduce their out-of-pocket ex- seen. In fact, because almost every 14.5 percent per year as the number of penses, allow them the most freedom plan that has been offered by Demo- prescriptions per senior shoots up by and choice in determining their own crats in both the Senate and the House more than 20 percent. coverage, and protect them from unex- allows for only a single entity to con- But Medicare, developed in the late pectedly high drug expenses, expenses trol the price discounting for Medicare 1960’s, and little changed since then, is that can make their daily choice one seniors, there will be little competitive still geared primarily towards the anti- between food and drugs. pressure to pass along savings to Sen- quated focus on intensive, inpatient That’s why I am so excited about the ior consumers, and little incentive to care, and continues to miss the funda- prescription drug plan on which I have even try to get prices down. The Con- mental shift towards modern care tech- been working with Senators HAGEL and gressional Budget Office recognized niques, including prescription drugs. MCCAIN as well as the other cospon- this during their analysis of the Presi- Comprehensive Medicare reform, such sors, the Medicare Rx Drug Discount dent’s prescription drug proposal, and as that outlined in the recommenda- and Security Act of 2000, S. 2836. Of all determined that drug discounts would tions of the Bipartisan National Com- the plans we have seen presented before only average 12.5 percent, or about a mission on the Future of Medicare that this and the other Chamber, I believe third of those that would be seen under embodies choice, competition, and this bill most directly addresses the the Hagel-Abraham plan. modernization, would allow Medicare major issues of prescription drug cov- But reducing the price of drugs is to continue its guarantee of health erage. First, unlike any other bill cur- only half of the prescription drug equa- coverage, while providing the type of rently before Congress, it provides tion. The other half is ensuring that health coverage that a modern senior broad and deep discounts for prescrip- Medicare provides the needed protec- needs. Unfortunately, apparently due tion drugs, on average 30–39 percent tions for Seniors against expensive to the election cycle games of this Ad- discounts, through multiple, competing drug treatments that may force them ministration, the necessary super-ma- drug discount buying plans. Much has to decide between putting bread on the jority could not be mustered to report been made over the last few years table or taking a life-saving drug. And these proposals to Congress. So, Amer- about the relative price difference the Hagel-Abraham bill does just that ica’s seniors continue to be denied American seniors pay for their pre- with the best catastrophic drug cov- without a modern Medicare system, inscription drugs as compared to those erage of any bill before Congress. By cluding prescription drug coverage. paid by their Canadian counterparts, tiering the coverage to income, we as- But these political realities do not where prices are fixed by the Govern- sure all seniors they will not be finan- lessen the immediacy of the problem, ment. But those comparisons are of the cially devastated by drug expenses for nor the need for this Congress to move retail price. When the prices paid by some of the new treatments that can now on providing a prescription drug Canadian seniors are compared to the approach $500 per month. benefit. I believe we must move on prices paid by American seniors that Here is how the prescription drug passing a prescription drug coverage are in group buying plans, the Amer- costs caps break down under the Hagel- plan for Medicare seniors, and pass it ican senior pays less. Abraham plan. Seniors earning less now. I hear the cry of my colleagues And these plans are not uncommon. than 200 percent of poverty, $16,700 for who say this will take the wind out of In fact, 71 percent of all prescription a single and $22,500 for a couple, would the sails for needed overall Medicare drugs paid for by third parties have pay no more than $1,200 annually. All reform, but that assumes comprehen- been administered by these group buy- drug expenses after that would be cov- sive reform is possible during this ses- ing plans, such as with the Michigan ered by the Federal Government. For sion of Congress. Given the politically National Guard’s drug insurance cov- those seniors that earn more than that, charged nature of this election, and the erage plan. Furthermore, many group but below 400 percent of poverty, $33,400 fact that our colleagues on the other buying plans are offered outside of infor singles and $45,000 for couples, costs

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8093 would be limited to $2,500 annually. drug insurance the quality of care and imbursements over and above that au- And Seniors above 400 percent of the access are placed in jeopardy. It has thorized by Congress has pushed those poverty level, up to $100,000 for singles been happening in Canada and we can- cuts to almost $250 billion. And be- and $200,000 for couples, would pay no not allow that to happen to whatever tween 2001 and 2005, the cuts are ex- more than $5,000 annually. Although new prescription drug coverage we pro- pected to be even more dramatic, some of my colleagues may believe vide. climbing from $163 billion to $457 bil- that prescription drug insurance But we are taking action to stop the lion, 280 percent greater than Congress should be available to all Medicare Administration’s attempts to cut back originally intended. beneficiaries, and that the government cancer drug coverage for sick seniors. I The consequences for Michigan’s should subsidize the insurance of even am cosponsoring with Senator health care industry are devastating. the wealthiest Americans, I don’t ASHCROFT the Cancer Care Preserva- According to the March 2000 Michigan think it makes sense to subsidize the tion Act, which will guarantee that Health and Hospital Association re- drug expenditures for those single sen- HCFA cannot implement any reduc- port, ‘‘The Declining State of Michigan iors making more than $100,000, and tions in Medicare reimbursements for Hospitals’’ HCFA’s implementation of those couples making more than outpatient cancer treatment unless BBA 97 has cost Michigan hospitals an $200,000, especially considering they those changes are developed in con- average of $8.5 million each. As a re- have much easier access to private injunction with the Medicare Payment sult, 68 percent of the hospitals have surance coverage. Advisory Commission and representa- been forced to eliminate at least one What makes this proposal particu- tives of the cancer care community, service, ranging from urgent care and larly attractive, in my opinion, is that provides for appropriate payment rates rural health clinics, to rehabilitation it does not require seniors to pay hun- for outpatient cancer therapy services, and pain management centers, to dreds of dollars in new Medicare pre- and is specifically authorized by an act screening and preventative health serv- miums, premiums that could be greater of Congress. Furthermore, I am sending ices. Forty-five percent of all the hos- than their actual drug expenses. In a letter to the President of the United pitals have eliminated at least two of fact, the Congressional Budget Office States today, calling upon him to re- the services, and more than half of has determined that when the Presi- scind HCFA’s plan until such time as those who haven’t yet eliminated serv- dent’s prescription drug proposal is such changes can be fully examined by ices yet are considering it for 2000. Pre- fully implemented, seniors will have to the cancer care community and Con- vious reports have put the statewide pay more almost $600 per year in new gress. To think that the Medicare sys- total lost hospital revenue at $2.5 bil- Medicare premiums, on top of the $88 tem could stop covering the most effec- lion, or just over $13.5 million per hos- per month they will have to pay for tive cancer treatments simply by it’s pital. their existing Part B Medicare cov- own edict should be a clear warning to But hospitals are not the only health erage. I can’t see how that can be a all of my colleagues on the dangers in care provider hit by the effects of BBA good deal for America’s seniors. CBO having a single agency control the ac- 97 and the voracious appetite of HCFA also recently scored the drug proposal cess to our senior’s prescription drugs. bureaucrats. Home Heath Care agen- offered by Senator ROBB as an amend- And that leads me to the second cies have been particularly hard hit by ment to the Senate’s Labor-HHS Ap- problem I’ve been hearing about in HCFA policies seemingly intent on propriations Bill. That proposal would, Michigan the issue of how HCFA and driving them all out of business. Home according to CBO, increase Medicare’s this Administration manage Medicare, health care spending was expected to financing gap between revenues and especially with regard to reimburse- grow by $2 billion even after BBA 97 outlays by 25 percent, while imposing ment rates. When I first came to the cost containment measures, but have new premiums of $80 per month, or $960 Senate, Medicare was going broke dropped by $9 billion, a 54 percent drop per year! Forcing America’s seniors to quickly, and was bound for bankruptcy in just two years. In fact, the number pay almost $1,000 per year, just to have by 2001. The Balanced Budget Act of of home health care claims have the privilege of participating in this 1997 implemented necessary changes to dropped by 50 percent in just two years, big-government drug program, is contain the growth in Medicare spend- and the average payment per patient wrong, flat-out wrong. And it will most ing to extend the system’s solvency lowered by 38.5 percent, far lower than likely wipe out any savings they would until 2015, giving us time to implement originally projected with BBA 97. CBO gain from the coverage in the first necessary structural and market-based stated this unexpected drop in reim- place. I believe by the time these plans reforms in Medicare, reforms that can bursements as the primary reason that were fully implemented, Michigan sen- make the program viable for genera- total Medicare spending dropped last iors would be wishing for the ‘‘good ol’ tions to come. But those modest reduc- year. Over the four years covered by days’’ where the government wasn’t tions in the rate of growth for Medi- BBA 97, CBO now expects home health providing them such ‘‘great’’ coverage care have become full-blown cuts in care spending to be reduced by $69 bil- that forced them to spend more than the face of this Administration’s re- lion, over four times the original $16 they did before. fusal to spend the money Congress has billion that they originally estimated. I am not merely railing against these authorized them to spend. Like hospitals, home health care has plans because they represent a big-gov- In fact, this Administration has been decimated. Over 2,500 home health ernment view of legislating. No, it’s short-changed Medicare by $37 billion agencies have closed or stopped serving that I am deeply concerned with the in the last two years. The Congres- Medicare patients. Moreover, HCFA es- record of the Health Care Financing sional Budget Office’s July 2000 Budget timates that nearly 900,000 fewer home Administration and its existing pre- Projection update indicates that Medi- health patients received services in scription drug programs. The fact of care spending this year will be $14 bil- 1999 than in 1997. the matter is that HCFA’s centralized, lion below what Congress budgeted, fol- Finally, I think we need to look at top-down, bureaucratic method of pro- lowing last year’s spending by the Ad- the effects of this Administration’s viding it’s current inpatient drug ben- ministration of only $209 billion for policies on reimbursements to skilled efit has led to drug rationing, cutbacks Medicare versus the $232 billion Con- nursing facilities. Under BBA 97, the in coverage, and price fixing. Just re- gress provided. The fact of the matter, rate of growth for skilled nursing facil- cently this Administration announced is that most reimbursement rates are ity reimbursements was to be slowed that it intends to cut back coverage of set by the Administration and HCFA, by $19.8 billion between 1998 and 2004. cancer-fighting drugs administered in and this Administration has repeatedly However, since that original projec- doctors’ offices and set the price for refused to spend the money on Medi- tion, reimbursements are now expected those drugs by Executive fiat, even care that Congress has given them. In to fall by an additional $15.8 billion. while it says that it’s proposed addi- fact, while the original Balanced Budg- This even takes into account the $2 bil- tional drug coverage will not result in et Act of 1997 was expected to reduce lion in reimbursement restorations these same things. There is no escaping Medicare growth by $103 billion be- provided by the Balanced Budget Re- the fact that when the government tween 1998 and 2002, this Administra- finement Act of 1999. For Michigan, the controls all aspects of prescription tion’s relentless ratcheting down of re- numbers are equally disconcerting.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8094 CONGRESSIONAL RECORD — SENATE September 6, 2000 Michigan has lost $643 million in nurs- leagues are interested in joining this less than the current Medicare system ing facility reimbursements, over and effort, I encourage them to contact me through competition and choice, I be- above those projected with BBA 97, immediately. lieve this is more than adequate to fix over 75 percent more than originally The third concern I hear from our problems with Medicare. Regard- projected. Is it any wonder then, that Michiganians about Medicare, is that less, the Medicare lockbox will ensure 25 percent of all skilled nursing facili- even with the steps we have taken to those surpluses are still there when the ties serving Medicare patients are op- improve its financial standing and the need comes for any funds to finance re- erating in bankruptcy and that why quality of care, it is still headed to- form. the number one problem for hospital wards bankruptcy in the very near fu- Third, I believe we need to allow discharge coordinators is that they ture. Seniors in Michigan are scared, Americans to prepare for their retire- can’t find nursing facilities for their scared that they will lose their Medi- ment health care needs outside of patients needing them? care benefits because we cannot mod- Medicare through Medical Savings Ac- We have provided some important re- ernize Medicare so that it will stay sol- counts, or MSAs, long-term care insur- imbursement relief in the Balanced vent for generations to come. But it ance, and existing health care benefit Budget Refinement Act of 1999. But it looks like things are getting better flexibility. Today’s able-bodied work- was only a first step and by no means with Medicare and that at least in the ers will be tomorrow’s seniors, and to a complete response to the Administra- short term, we have the fiscal breath- the extent that we can set in motion tion’s policies. While Medicare reim- ing room to make the necessary now provisions that will allow them bursements over the next five years are changes to avoid a train wreck down more choices, more options, and more projected to be cut by $295 billion more the way. access to quality health care, the than originally projected, BBRA 99 This summer the Board of Trustees healthier our entire retirement health only restored about $16 billion of that, of the Federal Hospital Insurance care system will be, including Medi- or less than 5 percent of the additional Trust Fund issued a correction to their care. As we all know, MSAs are a mar- cuts. Containing the growth of Medi- 2000 Annual Report. In it, the Trustees ket-based alternative for quality care was necessary to ensure Medicare reported that the financial projections health care. They offer maximum flexi- did not go bankrupt, but this contin- were more favorable than those made bility for the self-employed, employees, uous, unsustainable ratcheting down of in 1999, that the Trust Fund income ex- and employers while reducing the out- reimbursements is simply wrong, and ceeded expenditures for the second year of-pocket cost of insurance. MSAs are we must reverse it now. That is why in a row, and that the Fund now met an alternative health insurance plan this body must bring to the floor real, the Trustees’ test of short-range finan- with real cost-control benefits for the substantive, Medicare reimbursement cial adequacy. In fact, income is now millions of Americans who have been restoration legislation. And we must projected to continue to exceed expend- forced into managed care and feel they do it very soon. We cannot wait until itures for the next 17 years, a substan- have lost control of their health care next Congress, or even until next tial increase over previous estimates. decisions. By establishing these MSAs month. We must do it now. Ensuring Now 2017 is still too soon for us to now, tomorrow’s seniors will have siz- Medicare’s fiscal solvency on the backs rest in our efforts to ensure the perma- able balances available in their retire- of Medicare providers is not only nent solvency of Medicare through ment years to supplement whatever wrong, but counterproductive, and will market-based modernization and re- coverage is available under Medicare. ultimately lead to the insolvency of form, as well as provide seniors’ access To that end, I believe we should make Medicare’s health care guarantees as to the full spectrum of health care op- MSAs permanent and affordable by re- we know it. tions. First, we need to shift Medicare moving eligibility restrictions, includ- I have been working very hard to pro- from a centrally-controlled governing allowing Federal employees to have vide specific reimbursement relief for ment system to a market-based sys- MSAs, lowering the minimum deduct- Michigan’s health care providers. First, tem, one that maximizes choice and ible, permitting both employer and em- Senator HUTCHISON of Texas and I have can best respond to changing medical ployee MSA contributions, and allow- been fighting for two years now to im- care needs, such as recommended by ing MSAs in cafeteria plans. Further- prove the inpatient reimbursements for the National Bipartisan Commission on more, I believe we should also waive hospitals. Our American Hospital Pres- the Future of Medicare. the 15 percent penalty tax on non-med- ervation Acts of 1999 and 2000 would do Second, to ensure that we don’t raid ical distributions if the remaining bal- just that. This year’s version will re- the Medicare Trust Funds to pay for ance at least equals the plan deduct- store the entirety of the Market Bas- non-Medicare spending, as repeatedly ible. ket Indicator inflation adjustment for proposed by this Administration, we As for long-term care insurance, I inpatient hospital reimbursement need to wall off the Medicare Trust support legislation phasing-in 100 per- rates, returning over $6.9 billion to hos- Fund surpluses so that they can only cent deductibility of long-term care in- pitals over the next five years, and be used for Medicare. I have been proud surance premiums, when they are not $13.5 billion over the next 10. That will to vote for a Medicare lockbox pro- substantially subsidized by an em- in turn mean more than $536 million in posal. But recent analysis by conserv- ployer. Under my plan, individuals age increased reimbursements for Michigan ative groups such as the Heritage 60 and older would not be subject to hospitals over the next ten years, or Foundation, and liberal groups such as such a phase-in period, and would qual- more than $3.4 million per hospital. the Center on Budget and Policy Prior- ify for 100 percent deductibility imme- Likewise, I have joined 53 of my col- ities have raised serious questions diately. I believe we should also allow leagues in cosponsoring S. 2365, the about the efficacy of each of these pro- long-term care insurance to be offered Home Health Payment Fairness Act to posals, and so I will be working with as a cafeteria plan benefit. By pro- eliminate the automatic 15 percent re- my colleagues on both sides of the viding for more accessible long-term duction to home health payments cur- aisle, especially my fellow Budget care options, retirees can build insur- rently scheduled to go into effect on Committee Members, to draft a Medi- ance against the catastrophic expenses October 1, 2001. The home health care care lockbox that not only protects the of long-term home and nursing facility industry cannot survive with the cur- Medicare surpluses, but also enhances care that is becoming increasingly dif- rent reimbursement reductions, let our ability to provide for the long-term ficult to obtain under Medicare. alone another 15 percent across-the- solvency of the system. Even after pro- Finally, we should allow for greater board cut. Finally, I am working close- viding for a new prescription drug ben- health insurance plan flexibility, espe- ly with a number of my colleagues to efit, and after providing for healthier cially with regards to the multipurpose craft a bill that will provide for ade- reimbursements for health care pro- Flexible Spending Accounts. Flexible quate nursing home reimbursements viders, we will still have about $110 bil- Spending Accounts and cafeteria plans through a refinement of the inflation lion in Medicare surpluses available to have become a popular means of pro- adjustment factors. We believe appro- fund this reform. Given that the Bipar- viding health benefits to employees, priate legislation will be available this tisan Medicare Commission’s reform but under current law, unused benefits week or next, and if any of my col- proposal would actually end up costing are forfeited. This ‘‘use it or lose it’’

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8095 rule has limited the appeal of these bill. HCFA has now produced over Voluntary Disclosure Procedure; Title plans as well as forfeiting substantial 111,000 pages of Medicare regulations, V—Criminal Law Enforcement Re- amounts of money that could be avail- three times the size of the incredibly forms; and Title VI—Provider Compli- able for retirement health care needs. I complex Internal Revenue Code. These ance Education. support legislation which will allow regulations make it nearly impossible Provisions that should be of par- transferring up to $500 in unused Flexi- to operate efficiently, and make simple ticular interest to my colleagues are ble Spending Account balances from administrative errors appear to be those that rescind HCFA’s ability to one year to the next, or to roll-over criminal fraud. In fact, on August 10th, withhold future reimbursements in that amount into an IRA, 401(k) retire- 1998, Dr. Robert Walker, president order to offset alleged prior underpay- ment plan, or a Medical Savings Ac- emeritus of the Mayo Foundation, told ments, a strict 180 day time line for count. the National Bipartisan Commission on completion of the Medicare adminis- All of these proposals will help retir- the Future of Medicare, ‘‘The public trative appeals cases, placing program ees better plan for and provide for their has been led to believe that the, Medi- participation terminations and suspen- health care needs. But regardless of care, program is riddled with fraud, sions in abeyance while appeals are these supplemental programs, Medi- when in reality, complexity is the root pending, prohibiting the use of sample care will still be at the base of any re- of the problem. This has contributed to audit results to reduce future reim- tirees health care program. That’s why the continuing erosion in public con- bursement rates, stopping overpay- it’s even more heartening to see in the fidence in our health care system. We ment collections while appeals are corrected Medicare Trustees’ report must all have zero tolerance for real pending, and establishing voluntary that some of the more drastic measures fraud, but differences in interpretation disclosure procedures that also bring we once thought would be required are and honest mistakes are not fraud.’’ the Department of Justice and U.S. At- no longer necessary to keep Medicare Recently, the Association of Amer- torneys into the process, as well as pro- sound. For example, in 1997, when ican Physicians and Surgeons con- viding safe harbor from prosecution for Medicare was on the verge of bank- ducted a survey of its members as to those that enter into and abide by the ruptcy by 2001, many of us, on a bipar- the impact of HCFA regulations on voluntary disclosure requirements. tisan basis, voted in favor of a limited their ability to treat patients. They Some further provisions that were move to raise the retirement age for found that it costs on average 27 per- specifically recommended by providers Medicare eligibility from 65 to 67 years cent more to process a Medicare claim include requiring HCFA, fiscal inter- of age starting in 2003 and phased-in as it does a private health insurer mediaries, and carriers to all spend a over the following twenty-four years. claim, and that doctors and their staffs portion of their Medicare funds on pro- We did that on a near emergency basis, spend more than a fifth of their time vider education, requiring them to pro- because the Medicare system was on Medicare compliance issues. Fur- vide legally binding advisory opinions threatened. But I noted at the time, if thermore, more than half of all doctors on Medicare coverage, billing, docu- the situation improved, such a change say they will retire from active patient mentation, coding, and cost reporting requirements, as well as extending the would not be necessary. In my opinion, care at a younger age because of ‘‘in- current anti-kickback, civil monetary that is now the case, and that kind of creased hassles with Medicare.’’ This is penalty, and physician self-referral ad- approach no longer needs to be consid- bad news for Medicare seniors, as fur- visory opinion requirements that are ered in light of the improved financial ther pointed out by the survey. Almost set to expire August 21st of this year. condition of Medicare and the emer- a quarter of all doctors are no longer A number of organizations have ex- gence of significant Medicare trust accepting new Medicare patients, and pressed their strong support for this fund surpluses. of those that do, 34 percent are re- legislation, including the Michigan In fact, at the time I cast my vote on stricting services to those patients, Health & Hospital Association, the this question, I entered into the such as difficult surgical procedures or Federation of American Hospitals, the RECORD on July 14, 1997, a number of comprehensive medical work-ups. Last, National Association for Home Care, prerequisites which I indicated would these are not changes simply to stop the American Federation of Home Care have to be met in order for me to sup- previously fraudulent activity. Thirty- Providers, the Healthcare Leadership port the actual implementation of the eight percent of all doctors surveyed Council, and the American Health Care proposal. In that none of these pre- stated they submitted Medicare claims Association. I ask unanimous consent requisites—the development of a viable that they knew were for less than for these letters of support be printed in system for low- and middle-income sen- which they were entitled, or the RECORD. iors to obtain and maintain affordable ‘‘downcoding’’ in the Medicare regu- There being no objection, the letters health care until eligible for Medicare, latory parlance, but did not want to were ordered to be printed in the as well as concurrence by the National subject themselves to the potential of RECORD, as follows: Bipartisan Medicare Commission on erroneous HCFA reviews and claim de- MICHIGAN HEALTH & the Future of Medicare on raising the nials. Similar ‘‘downcoding’’ results HOSPITAL ASSOCIATION, eligibility age—have been addressed in have been found with hospitals who Lansing, MI, August 9, 2000. the two to three year time-frame that deny patients the most appropriate Hon. SPENCER ABRAHAM, I set forth in my statement, I have regimen of care in complex cases be- U.S. Senate, Dirksen Senate Building, Wash- withdrawn my support for raising the cause they do not believe they will be ington, DC. eligibility age. I no longer believe this fully reimbursed by Medicare if they DEAR SENATOR ABRAHAM: The Michigan Health and Hospital Association (MHA) ap- change is necessary in light of the im- submit such a complex care claim. preciates the opportunity to comment on the proved financial status of Medicare, or That is why on July 27, I introduced Health Care Provider Bill of Rights and Ac- prudent in light of the failure of its S. 2999, the Health Care Providers Bill cess Assurance Act. The legislation includes sponsors to adequately address the con- of Rights, a bill aimed at addressing many provisions aimed at ensuring that cerns I raised. the numerous regulatory and law en- health care providers are treated in a fair, Finally, the fourth Medicare issue on forcement abuses in the Medicare sys- equitable and civil manner. which I have been inundated with com- tem that have brought to my attention Michigan’s hospitals and health systems plaints is how hard it is to navigate the must contend with an array of complex by Michigan health care providers. Medicare laws and regulations. Too often, regulatory complexity of the Medicare This bill addresses many of the specific Medicare billing errors, due to confusing and system. I have heard from doctors and regulatory ‘‘hassles’’ experienced by conflicting regulations and instructions, are hospital administrators, home health doctors and providers everyday as they presumed to be purposeful and intentional care agencies and skilled nursing fa- try to provide the best possible care for acts. Title I of the bill positively addresses cilities, about how even a simple mis- our Seniors. this regulatory maze, mandating that the take, or even a difference of opinion, The bill is divided into six titles: Health Care Financing Administration fol- can embroil them in legal controver- Title I—Reform of HCFA Regulatory low clear and specific procedures when issuing regulations. sies that take years to resolve, and Process; Title II—Reform of Appeals Another provision that will be particularly many times more in legal bills than Process; Title III—Reform of Overpay- beneficial is the inclusion of criminal law en- the amount of the originally contested ment Procedure; Title IV—Reform of forcement reform. Establishing specific

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search warrant rules as well as revising cur- NATIONAL ASSOCIATION fraud and abuse in our health care system rent law enforcement powers of the Health FOR HOME CARE, undermines quality, threatens patients’ and Human Services Office of Inspector Gen- Washington, DC, July 27, 2000. trust and should not be tolerated. eral will greatly assist in minimizing any Hon. SPENCER ABRAHAM, However, the public’s confidence in the na- disruption of patient care or threats to the U.S. Senate, Dirksen Senate Office Building, tion’s health care system has been eroded by confidentiality of patient records. Washington, DC. headlines of health care fraud investigations We commend you for addressing these DEAR SENATOR ABRAHAM: On behalf of the that are most often not the result of true, in- areas of concern. The MHA also would like National Association for Home Care (NAHC), tentional fraud—but rather errors or mis- to express its gratitude for your leadership the nation’s largest organization rep- understandings due to countless, complex on hospital issues as we work to maintain resenting home care providers and the pa- regulations. We believe strongly that Medi- the highest quality of care for Medicare tients they serve, I want to extend my sin- care’s complexity actually undermines com- beneficiaries. cerest appreciation and support for your leg- pliance and, ultimately, the quality of pa- Sincerely, islation, ‘‘The Health Care Provider Bill of tient care. BRIAN PETERS, Rights and Access Assurance Act.’’ This leg- The Provider Bill of Rights and Access As- Vice President, Advocacy. islation to reform the regulatory processes surance Act contains several provisions that used by the Health Care Financing Adminis- will improve communication and relations FEDERATION OF AMERICAN HOSPITALS, tration (HCFA) to administer the Medicare among Medicare’s providers, regulators, and Washington, DC, July 27, 2000. program is greatly needed. enforcers. Provisions that we particularly Hon. SPENCER ABRAHAM, Home health agencies are currently insti- support are those that would expand pro- Dirksen Senate Office Building, Washington, tuting an overwhelming number of adminis- viders’ appeals rights, coordinate voluntary DC. trative changes. Many of these changes are disclosure procedures among enforcement DEAR SENATOR ABRAHAM: The Federation costly and significantly increase the work- agencies, and educate providers regarding of American Hospitals commends you for loads of already strained agency staffs, af- the application of certain regulations your work to clarify and improve the regu- fecting the ability of agencies to retain staff through advisory opinions and other means. latory burdens and administration of the and continue to provide high-quality, appro- The Healthcare Leadership Council com- Medicare program. The regulatory burden priate care. HCFA frequently ignores public mends you for your leadership on this very health care providers face is massive, grow- notice and comment requirements in imple- important issue and we stand ready to help ing every day, and diverts us from our pri- menting programmatic changes, and often you further refine this legislation so that it mary mission of delivering high quality underestimates or downplays the impact of will serve to greatly improve the Medicare health care to the patients in our commu- new requirements on struggling agencies. As program for providers and patients alike. nities. Hospitals and other health care pro- a result, providers are subject to onerous and Sincerely, viders take their responsibility to comply burdensome requirements without an oppor- MARY R. GREALY, with Medicare laws and regulations very se- President. riously and have devoted significant tunity for input, and are given insufficient amounts of energy and resources to these ob- time to make operational changes in order AMERICAN FEDERATION OF ligations. While HHS has been diligent in its to comply with regulations. This legislation would ensure public input HOMECARE PROVIDERS, INC., efforts to implement an unprecedented num- Silver Spring, MD, July 25, 2000. ber of regulatory changes in the program, in HCFA’s regulatory process and prevent ar- Sen. SPENCER ABRAHAM, more work is needed to address problem bitrary actions and erroneous decisions by U.S. Senate, Washington, DC. areas in the current administration of the HCFA from having a devastating impact on home care providers and their patients be- DEAR SENATOR ABRAHAM: The American Medicare Program and to develop a more ac- Federation of HomeCare Providers is pleased tive partnership with health care providers fore corrective action is taken. Too often today home care agencies are bankrupted to endorse your legislation, the ‘‘Medicare to promote the integrity of the Program. Provider Bill of Rights.’’ The ‘‘Health Care Provider Bill of Rights and their patients lose care before faulty policies are corrected. This bill would pro- Our members are small business health and Access Assurance Act’’ proposes some care providers who say that they would important changes to the status quo to ad- vide an opportunity to correct errors before irreparable harm is done. It would also pre- much rather deal with the Internal Revenue dress some key problem areas. One of the Service than with the Health Care Financing most important checks and balances on the vent sanctions for conduct which providers Administration (HCFA) and its contractors. validity of the regulations HCFA promul- did not know was against the rules. Pro- Home care businesses have no rights that the gates is the ability of health care providers viders have every intention of following the Fiscal Intermediaries, carriers, and state to challenge those regulations in a court of rules, but they must have advance notice of surveyors appear to feel obligated to respect. law when they believe that the regulations what the rules are. There is no penalty for incorrect contractor are excessive, unconstitutional, beyond the The Medicare home health benefit is at decisions and no viable system to resolve scope of statutory authority or have been great risk due to severe financial reductions disputes. Even instances of blatant abuse of promulgated in violation of the Administra- and onerous and unnecessary administrative providers and beneficiaries go without rem- tive Procedures Act. This legislation solidi- burdens. Direct intervention by the Congress edy because there is nothing to hold HCFA fies timely judicial review of these chal- is necessary to ensure the integrity and fu- lenges. Another important provision in the ture of this important and popular benefit. and its agents accountable when they are legislation promotes greater health care pro- We deeply appreciate your concern for home wrong and when their behavior goes beyond vider participation in program integrity ef- health patients and those who care for them. the bounds of ethical and legal behavior. forts by improving the voluntary disclosure Enactment of the provisions in this bill Contractors routinely refuse to consider doc- and overpayment repayment processes. would make a major contribution to expand- umentation, deny that they received records The bill also contributes to health care ing access to home health care and strength- sent by providers, deny the obvious wording provider education and compliance efforts by ening the home care infrastructure. Our hats of the law and regulation, and sometimes providing for the reauthorization of the ex- are off to you for this groundbreaking legis- even refuse to abide by court decisions. isting advisory opinion provisions subject to lation. Health care providers also believe that expire in August and setting some new advi- With best regards, speaking out for the right of patients to re- sory opinion requirements. The existing ad- Sincerely, ceive an appropriate level of care and stand- visory opinion statutes provide guidance on VAL HALAMANDARIS, ing up for their own rights become grounds the application of the antikickback and phy- President. to target them for harassment. They believe sician self-referral laws. The bill also adds a that they are held to 100 percent standards of new requirement that HCFA, acting through HEALTHCARE LEADERSHIP excellence and accuracy, which they are its contractors, provide written answers to COUNCIL, proud to meet, and those who serve as health care providers on nuts and bolts bill- Washington, DC, July 26, 2000. HCFA’s contractors are held to no standards ing, coding and cost report questions. In a Hon. SPENCER ABRAHAM, of excellence and accuracy in their dealings program this complex, errors are likely and U.S. Senate, Dirksen Senate Office Building, with the provider community. It is now time providers need greater assistance to navigate Washington, DC. to ensure due process rights so that con- the myriad of law, regulation and policy. DEAR SENATOR ABRAHAM: On behalf of the scientious health care companies, who Hospitals want to be active partners in the Healthcare Leadership Council (HLC), I render critical and appropriate services in effort to promote program integrity and would like to express our deep appreciation their communities and abide by the tenets of hope to work closely with HCFA and its pro- for your proposal to help health care pro- the Medicare law and regulation, are not gram integrity partners on education and viders comply with Medicare’s increasingly subject to arbitrary and abusive behavior prevention efforts. burdensome regulatory maze. that has the potential to put them out of We appreciate your interest in these mat- The HLC is a chief executive coalition of business, literally on the spot. Favorable de- ters and look forward to working with you over 50 of the largest health care organiza- cisions by Administrative Law Judges are of on this important legislation. tions in the country, including hospital sys- little comfort to a home health agency that Sincerely, tems, insurers, pharmaceutical companies, has unjustifiably been shut down, on spe- THOMAS A. SCULLY, and medical device companies. The HLC has cious surveyor claims that it does not meet President and CEO. zero tolerance for true fraud and abuse. True the Medicare Conditions of Participation, or

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8097 by massive statistical sampling overpay- Senator Abraham, we commend your ef- minister the Part B payments), issue retro- ment assessments, later overturned on ap- forts and praise your leadership. As the na- active rules and policies that are not subject peal. tion’s largest association of long term care to the Administrative Procedures Act. In Medicare providers must be accorded the providers, AHCA is available to assist you in fact, they show where HCFA has often issued same type of protections that Congress saw any way that we can to advance this legisla- these rules and policies rather than regula- fit to enact for the American pubic in the tion. tions specifically to avoid the requirements Taxpayer Bill of Rights. We believe that Sincerely, of the Administrative Procedures Act (public your legislation would do just that. CHARLES H. ROADMAN II, M.D., hearings, public discussion periods, publica- Sincerely yours, President and CEO. tion in the Federal Register, etc.), and that ANN B. HOWARD, Mr. ABRAHAM. I am continuing to they do so retroactively. This section will Vice President for Policy. reach out to additional organizations prohibit HCFA from issuing anything regard- to garner their support, as well as to ing the legal standards governing the scope AMERICAN HEALTH CARE ASSOCIATION, of benefits, the payments rates, or eligibility Washington, DC, July 28, 2000. my colleagues in the Senate to join rules except by regulation, and then only Hon. SPENCER ABRAHAM, Senators COCHRAN of Mississippi and prospectively, so that no retroactive regula- U.S. Senate, Dirksen Senate Office Building, Senator GRAMS of Minnesota as co- tions are issued. Washington, DC. sponsors. Furthermore, Members of the DEAR SENATOR ABRAHAM: On behalf of the other body will soon introduce com- Section 102. Requiring HCFA to Follow Normal American Health Care Association (AHCA), a Regulation Issuance Procedures federation of state affiliates representing panion legislation to S. 2999 in the hope more than 12,000 non-profit and for-profit that we can incorporate these nec- Providers also complain about how HCFA nursing facility, assisted living, residential essary reforms in a Medicare reim- circumvents the Administrative Procedures care, intermediate care for the mentally re- bursement restoration bill or other re- Act regulatory process by issuing interim tarded, and subacute care providers I am form legislation that may pass this final rules, which are implemented without writing to thank you and express our support Congress. Finally, I am joining Senator the public discussion period and hearings, for your legislation, The Health Care Pro- under emergency powers called the ‘‘Good CRAIG in calling on the Senate Finance vider Bill of Rights and Access Assurance Cause’’ clause, but fails to provide any jus- Act. Committee to hold immediate hearings tification other than simply that they have This legislation is extremely important to on this legislation, and the broader good cause. In order to prevent these long term care providers for a number of rea- issue of HCFA regulatory complexity. tautologies from continuing, this section sons. Recently, in, Shalala v. Illinois Council With this legislation, I believe we can prohibits HCFA from issuing interim final on Long Term Care, Inc., the U.S. Supreme break down one of the primary obsta- regulations that haven’t gone through the Court ruled that virtually all challenges to cles to assuring access to quality normal regulation public vetting process. the legality of Medicare regulations or pol- health care in this country, the seem- icy must be brought through the same De- Section 103. GAO Report on HCFA Compliance partment of Health and Human Services ingly unfettered abuses of Medicare bu- with Regulatory Procedure Laws reaucrats against doctors and providers (‘‘HHS’’) administrative review process used Given the extensive reports of HCFA abus- to address individual provider reimburse- alike. I urge my colleagues to join me ing its regulatory issuance authority, this ment and certification issues before pro- on this important measure. section directs GAO to conduct an audit of, ceeding to federal court. The Court’s deci- I believe I have laid out a comprehen- and report to Congress within 18 months on, sion means that a provider or beneficiary sive and sensible policy for ensuring HCFA’s compliance with the Administrative cannot challenge the legality of any Medi- the continued viability of Medicare. Procedures Act and the Regulatory Flexi- care regulation or policy without accepting Medicare has provided millions of sen- bility Act. an adverse agency action and proceeding iors access to quality health care through a time-consuming and costly admin- Section 104. Providing for Summary Judicial istrative process. It is particularly problem- where otherwise they would go with- Challenges of HCFA Regulations on Con- atic for nursing homes because many compo- out. But more must be done, and must stitutional or Other Broad Grounds nents of HHS’s survey and enforcement regu- be done soon: we must modernize Medi- Before the Supreme Court Decision of lations and policies conflict with federal law care so that it provides for coverage of Shalala v. Illinois Council this spring, pro- and are fundamentally flawed. Your legisla- prescription drug expenses; we must viders had a right to prospective judicial tion would give Medicare providers the right improve reimbursements to providers challenges to HCFA regulations they to challenge directly the constitutionality so that reform and cost containment thought were either unconstitutional or and statutory authority of HCFA’s regula- does not come at the expense of the were beyond HCFA’s statutory authority to tions and policies. Additionally, the bill will suspend the ter- very access to health care Medicare is issue. After this decision, however, the only mination and sanction process while appeals trying to provide; we must implement recourse providers have to challenge these on deficiencies are pending, as well as pro- comprehensive Medicare reform that regulations is to wait until they are found in hibit the public dissemination of deficiency improves beneficiaries choices in their violation, then appeal the HCFA decision. This section reestablishes a prospective reg- determinations while an appeal is pending, health care decisions, mirrors the absent clear and convincing evidence of ulatory and judicial challenge process of health care needs of the modern senior, those HCFA regulations to challenge the criminal activity. In the current survey sys- and is fiscally sound for generations to tem, skilled nursing facilities are cited and constitutionality or statutory authority of a then may be terminated for highly question- come; and we must rein in the abusive regulation, or to preemptively challenge an able deficiencies which do not present a risk and incredibly complex bureaucratic interim final rule issued under the Good to resident health and safety. Additionally, behemoth that has crippled health care Cause clause. these citations may be posted on a public providers’ ability to operate efficiently Section 105. Delineating Procedures for National website and this plus the risk of closure of a in the Medicare system. We can do all Coverage Determination Changes facility can confuse and scare the residents of this, but time is running very short. and their families. Your bill would prevent Our seniors need these changes, and There is a regulatory process that is ex- facilities from closing while they appeal a ci- the time to act is now. empt from even the currently liberal HCFA regulatory issuance rules, called National tation. Also, the bill establishes precedence I ask unanimous consent a section- for administrative appeals so that providers Coverage Determinations. These determine will have an affirmative defense in appeals by-section analysis of the measure be what will, and will not, be covered by the where other providers have gone through printed in the RECORD. Medicare program, and can change rules on similar appeals. This would add must needed There being no objection, the mate- what medical procedures that will be covered certainly to the complex rules and regula- rial was ordered to be printed in the rules overnight. This section establishes a tions under the Medicare program. We appre- RECORD, as follows: National Coverage Determination review ciate your commitment to this important THE ABRAHAM HEALTH CARE process that requires a 30-day prior notice of provision. PROVIDERS’ BILL OF RIGHTS (S. 2999) initiating such a process, and allows for ade- Among many other provisions in the legis- quate public comment before implementing SECTION-BY-SECTION SUMMARY lation, the bill will make needed changes to the new coverage determination. the False Claims Act. It will require that Title I—Regulatory Reform claims brought under the Act for damages Section 101. Prohibiting the Retroactive Applica- Title II—Appeals Process Reform tion of Regulations alleged to have been sustained by the gov- Section 201. Expanding Providers’ Overpayment ernment must be of a material amount, Providers have complained that HCFA, its Appeal Rights which will limit False Claims Act claims to Financial Intermediaries (FI’s; the private those that have a significant impact on the firms that administer the Part A payments), Current appeal regulations only allow pro- Medicare program. and its carriers (the private firms that ad- viders three options when HCFA tells them

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8098 CONGRESSIONAL RECORD — SENATE September 6, 2000 they have been overpaid: admit the overpay- Title III—Overpayment Procedure Reform Title V—Criminal Law Enforcement Reform ment and pay it; submit evidence in mitiga- Section 301. Prohibit Retroactive Overpayment Section 501. Rescind Law Enforcement Powers tion to reduce the amount of alleged over- Determinations through New Policies of HHS OIG Investigators payment but waive all appeal rights; or ap- Currently, the Department of Health and peal the decision, but be subjected to a Sta- HCFA currently has the authority to change policy interpretations and implement Human Services’ Office of Inspector General tistically Valid Random Sample Audit investigators are the enforcement arm of the (SVRS), a process which essentially shuts them so as to make retroactive overpayments determinations, even though the pre- Medicare program for HCFA, and are depu- the provider down. This section will allow tized by the U.S. Marshal Service to execute providers to exercise the second option (sub- vious policy may have allowed the charges. This section bars HCFA from making over- those duties. This has turned into their mitting evidence in mitigation) without being granted near carte blanche authority waiving their appeal rights. payment determinations based upon the retroactive application of a new policy interpre- for enforcing Medicare laws and regulations. Section 202. Deadlines for Appeal Adjudication tation. With that, it is increasingly evident that OIG investigators may abuse that power, This section requires the Medicare appeals Section 302. Prohibit Reductions of Future Pay- such as raiding hospitals and physicians of- process to be completed within 180 days, 90 ments Based on Sample Audits of Past fices with the same tactics that SWAT teams days for the Administrative Law Judge first Claims level appeal and 90 days for the Depart- use on crack houses. This section rescinds HCFA currently reduces future payments mental Appeals Board second level appeal. OIG’s deputation, and bars those investiga- by whatever error rate they derive from Where the appeals process does not meet tors from carrying weapons in the execution their statistical sample audits, even where these deadlines, this section provides for the of their duties. there is no evidence that the pending or fu- appeals process to be automatically ad- Section 502. Codify More Stringent Search War- ture payments are similarly in error, they vanced to the next stage. rant Rules for Health Care Facilities simply assume that they are so, even if Many health care providers who find them- Section 203. Provider Appeals on the Part of De- under appeal. Furthermore, the provider has selves on the wrong side of an HHS OIG in- ceased Beneficiaries no way to stop that withholding until the ap- vestigation are subjected to unnecessarily peal is decided in their favor. This section This section allows providers to pursue ap- intrusive search warrant executions, with bars HCFA from making such blanket peals on behalf of deceased beneficiaries doctors and nurses accosted by gun-wielding withholdings from future payments, without where no substitute party is available. investigators, and patients removed from clear and convincing evidence of fraud. Section 204. Suspending Terminations and Sanc- medical care. This section codifies search tions During Appeals Section 303. Prohibit Withholding of Underpay- warrant rules that so as to protect the con- ments or Future Payments for Past Over- fidentiality of medical records, the provider- Currently, if HCFA makes a determination payments that a provider is abiding by HCFA stand- patient relationship, and the uninterrupted ards, it can terminate that provider’s par- In addition to withholding future pay- continuation of medical care. Specifically, it ticipation in Medicare, publicly disseminate ments by whatever error rate a HCFA sam- requires the law enforcement agency re- that deficiency information, and impose ple audits produce, HCFA also regularly questing the search warrant to take the sanctions short of termination, even if the withholds underpayments owed the provider, least intrusive approach to executing the provider appeals the determination. This as well as the full amount of future pay- warrant, consistent with vigorous and effec- section suspends the termination and sanc- ments, and applies them to past overpay- tive law enforcement. It also directs the law tion process while appeals on deficiencies are ments, regardless of whether the provider is enforcement agency seeking the warrant to pending, as well as prohibits the public dis- appealing the overpayment determination, work closely with the Department of Justice semination of deficiency determinations or has entered into a repayment agreement. and the relevant U.S. Attorney’s office to en- while the appeal is pending, absent clear and This can effectively strangle a provider’s ensure the warrant is indeed necessary and convincing evidence of criminal activity. tire revenue flow, and has forced many pro- that the search minimizes disruption to pa- viders into bankruptcy, even when such tient care or threats to the confidentiality of Section 205. Establishing Precedence for Admin- overpayments are being appealed. This sec- patient records. istrative Appeals tion prohibits HCFA from withholding un- Title VI—Provider Compliance Education Ninety-eight percent of all appeals that are derpayments or future payments to pay for Section 601. Provider Education Funding adjudicated at the first level of the appeals past overpayments, unless clear and con- This section requires Financial Inter- process (the Administrative Law Judge vincing evidence of fraud exists. mediaries and Carriers to spend 3 percent of level), are determined in favor of the pro- Section 304. Suspend Overpayment Collections their Medicare funds on provider billing and vider. This appears to be due in large part While Appeals are Pending compliance education, and HCFA to dedicate because HCFA apparently tries to squeeze Even if a provider decides to be subjected 10% of their Medicare Integrity Program providers into not fighting overpayment de- to the lengthy and expensive appeals process, funds to such education, so as to try to determinations in the hope that some pro- they are still required to immediately repay crease the rate of provider non-compliance, viders simply will pay rather than fight. HCFA for alleged overpayments. This section as well as over- and under-billing. This section will give Departmental Appeals suspends overpayment recoupment while ap- Board decisions national precedence in the Section 602. Advisory Opinions for Health Care peals are pending. Given that appeals will be Medicare appeals process so that providers Providers expedited under this bill to 180 days, the will not have to fight the same appeal over This section requires HCFA to provide Medicare system will still have timely ac- and over. written answers to questions about coverage, cess to any overpayment funds. billing, documentation, coding, cost report- Section 206. Safe Harbor for Substantial Compli- Title IV—Voluntary Disclosure Procedure ing and procedures under the Medicare pro- ance With HCFA Procedures Reform gram, answers which can be used as an af- Providers can try their very best to com- Section 401. Effective Voluntary Disclosure Pro- firmative defense against an overpayment ply with HCFA regulations but then be told cedures determination or an allegation of violating by HCFA that they have violated some pol- Medicare regulations. icy or rule, and be subject to fines and over- Many times the first person to discover that a provider has been overpaid or has not Section 603. Extension of Existing Advisory payment determinations. This section gives Opinion Provisions of Law providers protection from HCFA action been in compliance with Medicare regula- The Health Insurance Portability and Ac- where a claim was submitted by a provider tions is the provider himself. However, the countability Act (HIPAA) included a provi- in reliance on erroneous information or writ- Department of Health and Human Services sion requiring the Secretary to issue written ten statements supplied by a Federal agency. voluntary disclosure procedures still allow the Attorney General and U.S. Attorneys to advisory opinions on certain specified topics Section 207. GAO Audit of HCFA’s Statistical use the exact same information provided by under the anti-kickback statute and civil Sampling Procedures the provider to the Department Office of In- monetary penalty provisions. However, that HCFA bases much of its compliance deter- spector General under the current voluntary provision sunsets on August 21st, 2000. The minations on statistical sample audits, ei- disclosure process against the provider for Balanced Budget Act of 1997 (BBA 97) pro- ther through random audits as part of the prosecution. This section directs the Sec- vides a similar provision regarding the legal- Medicare Integrity Program, or through retary of Health and Human Services ity of referrals under the physician self-re- overpayment audits. However, there is sub- (HCFA’s parent department) and the Attor- ferral laws, which also sunsets August 21st, stantial evidence that HCFA’s statistical ney General to make joint voluntary disclo- 2000. This section extends these advisory sampling procedures do not follow generally sure procedures which provide a safe harbor opinion provisions permanently. accepted procedures, and don’t interpret the from prosecution for providers who report Supporting Organizations data in a statistically valid manner. This the violation so long as these agencies Michigan Health & Hospital Association. section direct GAO to conduct an audit of haven’t already approached them about the Federation of American Hospitals. HCFA’s (and its Financial Intermediaries’ possible violation or overpayment, and there National Association for Home Care. and Carriers’) statistical sampling and utili- isn’t previously and independently obtained American Federation of Home Care Pro- zation procedures. clear and convincing evidence of fraud. viders.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8099 Healthcare Leadership Council. Raymond S. Teston. Ray is a great largely unacknowledged, is equal to Shake- American Health Care Association. man, and an American hero. speare’s. f Specialist Raymond S. Teston had One might wonder what Tyndale has to do served close to one full year of field with the United States Senate. Not much, I SUPPORTING THE PRESIDENTIAL suppose. But like Tennyson’s Ulysses, Moy- VETO OF THE ESTATE TAX RE- duty and was to leave Vietnam to re- nihan is a ‘‘gray spirit yearning in desire to PEAL LEGISLATION turn home to Georgia. The night before follow knowledge like a sinking star.’’ He his departure, August 12, 1969, and the Mr. JOHNSON. Mr. President, I will has unbounded curiosity. I’m not one who following morning, ‘‘C’’ troop, First thinks his intellectualism is some sort of in- vote to uphold the President’s veto of Squadron, 1st Calvary of the American dictment. Those who do are jealous of his ca- the wildly irresponsible estate tax re- Division was overrun while at Base pabilities, or just vapid. In a diminished era peal bill sent to his desk, and I will Camp, Hawk Hill, Hill 29. The first when far too many senators know far too lit- also continue to support changes in the wave of the attack was from rocket tle, I have been fortunate to work for one law that will provide additional relief who knows so much and yet strives to learn for the two percent of American fami- propelled grenades and 122 mm rockets so much more. lies that are subject to this law. killing several soldiers and injuring There is little I can add to what others Under current law, family farms and many more. Ray was critically wound- have written or will write about his career. small business pay no Federal estate ed during the ensuing battle and out of But I would make a few observations. On a the 86 men assigned, was one of only parochial note, no other senator shares his tax unless their property is worth more remarkable facility for understanding and than $1.3 million. Others are eligible eleven who survived. On November 5, 1999, the President of manipulating formulas—that arcane bit of for an estate tax exemption of $675,000. legislating that drives the allocation of bil- I recently voted to raise the small busi- the United States of America, the lions of dollars. He has ‘‘delivered’’ for New ness and family farm exemption to $4 Army Adjutant General and the Sec- York, but it’s not frequently noted because million by 2001 and with a phased in ex- retary of the Army awarded the Purple so few understand it. emption of $8 million by 2010. The gen- Heart to Specialist Raymond S. More important, every time he speaks or eral exemption would increase to $2 Teston, United States Army, for writes, it’s worth paying attention. I think wounds received in action in the Re- back to the summer of 1990, when Sen. Phil million by 2001 and $4 million by 2010. Gramm (R–Texas) offered an amendment to a The cost to the Treasury for this ad- public of Vietnam on August 12, 1969. This is Ray’s second award of the Pur- housing bill. Gramm wanted to rob Commu- ditional exemption for America’s nity Development Block Grant funds from a wealthiest families comes to about $61 ple Heart; his first came on April 2, few ‘‘Rust Belt’’ states and spread them billion over ten years. The cost of the 1968, just outside of the Tam Key, Viet- across the rest of the country. The amend- total-repeal bill being vetoed by the nam. ment looked like a winner: More than 30 President, however, comes to $105 bil- I commend Ray Teston’s courage and states would benefit. Moynihan spoke in op- lion over the first ten years, and a bravery. I thank him, and all veterans, position. He delivered an extemporaneous whopping $750 billion when fully phased for their service and sacrifices to our speech on the nature of our federal system worthy of inclusion in the seminal work of in during the next ten years. great country and for defending our freedoms. Each time I salute the flag, I Hamilton, Madison, and Jay as The Fed- Very few South Dakota farms or eralist No. 86. small businesses have any Federal es- like to think of heroes such as Ray- (His speech was effective. The amendment tate tax liability whatever under cur- mond S. Teston, who symbolize all the was defeated. New York’s share of CDBG rent law, but I do want to make sure things that are good about this coun- funding was preserved.) What I most want to that exemptions are ample. What I try—duty—honor—faith in our democ- comment on is Moynihan’s courage. Too don’t want to see, however, is an estate racy. Thank you Raymond S. Teston. many of today’s tepid, timid legislators are afraid to offer amendments they know will tax repeal bill that is so terribly expen- f fail. sive that it makes it almost impossible SENATOR MOYNIHAN: A PROFILE They are afraid of offending this constitu- for Congress to pass tax relief for mid- IN RARE COURAGE ency or that special interest. They have no dle class taxpayers, to shore up Medi- heart, no courage. Moynihan always stands care, to pay down more of the accumu- Mr. SCHUMER. Mr. President, I ask on principle, never on expediency. He’s not lated national debt or improve edu- unanimous consent that ‘‘Moynihan—a afraid to cast a tough vote, to be in the mi- cation. Profile in Rare Courage’’ from yester- nority—even a minority of one. His positions Keep in mind that most of the budget day’s Newsday in praise of the courage on issues from bankruptcy ‘‘reform’’ to gov- surplus that is being talked about will and commitment of Senator DANIEL ernment secrecy, from welfare repeal to ha- not materialize for another five years PATRICK MOYNIHAN be incorporated beas corpus, from the ‘‘line item’’ veto to Constitutional amendments du jour, haven’t or so, and prudence would suggest to us into the CONGRESSIONAL RECORD. Mr. President, while certainly the been popular. But I’m confident they are that it may never materialize at all. right. It just takes the rest of us a while to Thank heavens for some adult super- race for the seat which Senator MOY- catch up with him. vision from the White House at a time NIHAN has left open has excited New While Moynihan has been successful as a when Congress has been behaving like Yorkers and the Nation, it is my desire legislator, I think of him as the patron sen- spoiled children under the Christmas today to simply remind the Nation ator of lost causes (i.e., right but unpopular). tree. Supporters of this irresponsible what a treasure the State of New York Every senator is an advocate for the middle bestowed on all of us through Senator class. That’s where the votes are. What I ad- legislation believe there is room in our mire and cherish about Moynihan is his long, MOYNIHAN. I am confident that I speak budget to give multimillionaires an $8 hard, eloquent fight on behalf of the million tax break, but the legislation for all of my colleagues in the Senate underclass—the disenfranchised, the demor- sent to the President would have bro- when I say that his intellect and lead- alized, the destitute, the despised. ken the bank and denied relief and as- ership will be greatly missed. T.S. Eliot wrote to a friend, ‘‘We fight for sistance to the other 98 percent of There being no objection, the article lost causes because we know that our defeat American families. was ordered to be printed in the and dismay may be the preface to our succes- Once Congress concludes its partisan RECORD, as follows: sors’ victory, though that victory itself will be temporary; we fight rather to keep some- MOYNIHAN—A PROFILE IN RARE COURAGE political finger-pointing games, it is thing alive than in the expectation that any- my hope that estate tax and marriage (By Gray Maxwell) thing will triumph.’’ Eliot’s wistful state- penalty relief can be passed in a proper As the final summer of Sen. Daniel Patrick ment, to me, captures the essence of Moy- and careful manner that will allow for Moynihan’s public career comes to an end, I nihan. He has an unflinching sense of respon- debt reduction, Medicare improve- think back to one languid Friday afternoon sibility. ments, and a commitment to edu- three summers ago. For the past quarter century, Moynihan cation. Not much was happening. The Senate was has been the Senate’s reigning intellectual. in recess. So Moynihan—my boss at the But he has been more than that. He has de- f time—and I went to see an exhibit of Tyn- fended precious government institutions PURPLE HEART AWARDED TO dale Bibles at the Library of Congress. Wil- under attack by those who have contempt SPECIALIST RAYMOND S. TESTON liam Tyndale wrote the first English Bible for government. from extant Greek and Hebrew manuscripts. And he has been the Senate’s—and the na- Mr. BURNS. Mr. President, I would Moynihan was eager to learn more about a tion’s—conscience. His fealty as a public like to take a moment to recognize man whose impact on the English language, servant, ultimately, has been to the truth as

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8100 CONGRESSIONAL RECORD — SENATE September 6, 2000 best as he can determine it. He seeks it out, well-known throughout Thomas Jeffer- The National Law Journal as the driv- and he speaks it, regardless of who will be son High School as a resource for stu- ing force behind the resolution of the discomfited. dents struggling with math or hoping Dalkon Shield Claimants Trust. The He has done so with rigor, and wit, a little to improve their SAT scores and has article details Judge Merhige’s efforts bit of mischief now and then, and uncommon decency. grown by leaps and bounds. to resolve over 400,000 claims, and it’s I have been privileged to work in the The Summer Math Program is based clear that he accomplished this dif- United States Senate for 16 years, and for on a three part system that includes: ficult task by working towards a fair several outstanding members, Republicans Advanced Algebra or Pre-Calculus, an result with skill and intellect. He kept and Democrats. I will not see another Moy- SAT summer program, and ‘‘The Math his eye on the ball until the job was nihan in my career. He is sui generis. Team.’’ The Advanced Algebra and Pre- concluded. I ask that the article be When Thomas Jefferson followed Benjamin Calculus course enables students who printed in the RECORD. Franklin as envoy to France, he told the desire to complete Calculus before they [From the National Law Journal, May 15, Comte de Vergennes, ‘‘I succeed him; no one 2000] could replace him.’’ Others will succeed Moy- leave high school to enroll in higher nihan; no one will replace him. We should math classes in the following school $3 BILLION LATER, DALKON TRUST CLOSES pause for a moment, and give thanks that he year. The SAT summer program, of- SHOP: MASS TORT CLEARINGHOUSE SEEN BY has devoted his life and considerable talents fered at a much lower cost than other SOME AS THE BEST-RUN OUTFIT OF ITS KIND to public service. SAT review classes, equips students (By Alan Cooper) f with the skills and confidence needed RICHMOND, VA.—The numbers are impres- for their college preparatory exams. As sive, even by mass tort standards. THE VERY BAD DEBT BOXSCORE More than 400,000 claims reviewed. Nearly a result, Thomas Jefferson High School $3 billion distributed. Administrative costs Mr. HELMS. Mr. President, at the has some of the highest SAT scores in just 9%, including lawyer fees. close of business yesterday, Tuesday, the South Puget Sound of Washington Even more impressive, the job is done. September 5, 2000, the Federal debt State. The Dalkon Shield Claimants Trust closed stood at $5,678,475,470,839.16, five tril- Additionally, students who enjoy on April 30 with a claim to being the best- lion, six hundred seventy-eight billion, competing in math competitions can managed mass tort plan so far. four hundred seventy-five million, four participate on the Math Team. Stu- Retired U.S. District Judge Robert R. Merhige, Jr., now of counsel at Hunton & hundred seventy thousand, eight hun- dents practice throughout the summer Williams, gets much of the credit for what dred thirty-nine dollars and sixteen in preparation for the annual national many view as the success of the trust, as cents. competition which took place in July. well as the blame for what others see as its Five years ago, September 5, 1995, the As a true testament to the excellence shortcomings. Federal debt stood at $4,968,613,000,000, of the program, Mr. Norris and Mr. The trust emerged from the 1985 bank- four trillion, nine hundred sixty-eight Brown coached the team to a fifth- ruptcy petition of A.H. Robins Co., which billion, six hundred thirteen million. place victory last summer when the sold 3.6 million intrauterine birth devices called the Dalkon Shield between 1971 and Ten years ago, September 5, 1990, the students participated against 50 other 1974. Robins took it off the market under Federal debt stood at $3,241,866,000,000, schools. This certainly was a great ac- government pressure. three trillion, two hundred forty-one complishment for the program and stu- Robins and its products liability insurer, billion, eight hundred sixty-six million. dents participating! Aetna Casualty & Surety Co., were over- Fifteen years ago, September 5, 1985, Samuel Kim, a Math Team member whelmed by allegations that women had suf- the Federal debt stood at who will be a senior this year, told me fered perforated uteruses and pelvic inflam- $1,823,101,000,000, one trillion, eight that the Math Team, ‘‘keeps you in the matory disease that left them sterile. More right frame of mind during summer so than 326,000 women filed claims in response hundred twenty-three billion, one hun- to a worldwide ad campaign. dred one million. you can keep your math skills strong, Judge Merhige’s 1987 estimate that the li- Twenty-five years ago, September 5, and it gives you good interaction with ability wouldn’t top $2.475 billion set off a 1975, the Federal debt stood at others.’’ Samuel had nothing but ap- bidding war, won by American Home Prod- $545,270,000,000, five hundred forty-five plause for his coaches stating, ‘‘Mr. ucts Corp. It acquired Robins by providing billion, two hundred seventy million Norris is very friendly and inspira- about $2.3 billion for claimants, to be paid by which reflects a debt increase of more tional, yet demanding and excited to the trust, and $700 million-plus in stock to Robins shareholders. than $5 trillion—$5,133,205,470,839.16, see us succeed in competition, while Claimants’ payments were based on five trillion, one hundred thirty-three Mr. Brown is more light-hearted in his amounts Robins paid to settle cases before billion, two hundred five million, four motivational tactics.’’ the bankruptcy and based on their medical hundred seventy thousand, eight hun- The record of the Math Team and the records. With interest, they totaled nearly $3 dred thirty-nine dollars and sixteen achievements of students in the Sum- billion. cents during the past 25 years. mer Math Program speaks not only to Robert E. Manchester, of Burlington, Vt., who represented 3,500-plus claimants, said of f the excellence of the program but also to the efforts and drive of both Mr. Judge Merhige, ‘‘He shaped the solution by ADDITIONAL STATEMENTS tapping into people who were willing to be Norris and Mr. Brown. Their dedication constructive.’’ to education, and math in particular, is ‘‘There was a significant number of people rarely paralleled in other local school who felt they were treated badly by the proc- RECOGNITION OF TOM NORRIS districts during the summer months. I ess’’—mostly atypical claimants —plaintiffs’ AND JAMES BROWN FOR CON- am impressed with the dedication of lawyer Stephen W. Bricker, of Richmond TRIBUTIONS TO THE FEDERAL these two men to their students’ edu- said. WAY SUMMER MATH PROGRAM James F. Szaller, of Cleveland’s Brown & cation even during the summer ∑ Mr. GORTON. Mr. President, imagine Szaller, said that Judge Merhige ‘‘sometimes months. It is with great pleasure that I took unusual courses, but he did get it done. 140 students who want to spend their recognize them for their outstanding The result for the vast majority of people summer learning math. For students service to the students of Thomas Jef- was good.’’∑ participating in the Summer Math Pro- ferson High School.∑ f gram at Thomas Jefferson High School f in Federal Way, Washington, this is RETURN OF FLAGSHIP ‘‘NIAGARA’’ just the case. For the past five years, RETIRED U.S. DISTRICT JUDGE TO LAKE ERIE Tom Norris and James Brown have ROBERT R. MERHIGE, JR. ∑ Mr. SANTORUM. Mr. President, I worked tirelessly and created a suc- ∑ Mr. ROBB. Mr. President, I’d like to would like to recognize Captain Walter cessful program that has dramatically take a moment to pay special recogni- Rybka and the officers and crew of the improved the math skills of hundreds tion to a good friend of mine and a dis- Flagship Niagara on their return from of students. tinguished former jurist, Robert R. their East Coast ten-month voyage. When Mr. Norris and Mr. Brown Merhige, Jr. of Richmond, Virginia. The Flagship Niagara is a symbol of started the Summer Math Program, Now in private practice after serving as Erie, Pennsylvania’s history and serves they had five students in attendance. a U.S. District Judge, Bob was recog- as an Ambassador of the Common- Since then, the program has become nized a few months ago in an article in wealth when in participates in tall ship

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8101 events. As a resident of Pennsylvania, I often superintendents are many steps from the President of the United am proud to have such a treasure as removed from the daily classroom States submitting a treaty and sundry part of our history. management and operations of their nominations which were referred to the The Flagship Niagara has played an district’s schools. Jim not only walks appropriate committees. important role in our nation’s history. the halls interacting with students and (The nominations received today are It sailed proudly in the War of 1812 and teachers, but teaches as well.’’ printed at the end of the Senate pro- fought in the Battle of Lake Erie. I As an avid reader of history, I am de- ceedings.) commend the Pennsylvania Historical lighted to learn about Mr. Sutton who f and Museum Commission, the Flagship has gone the extra mile to make his- Niagara League, and the City of Erie tory come alive for his students. I ask EXECUTIVE AND OTHER for restoring the ship and making it that the Senate join me in com- COMMUNICATIONS available so that others in the United mending Mr. Sutton for his dedication The following communications were States may learn of its history. to his students and for bringing two laid before the Senate, together with I would also like to take this oppor- generations together.∑ accompanying papers, reports, and doc- tunity to express my sincere apprecia- f uments, which were referred as indi- tion to those who serve on the Flagship cated: Niagara. The Flagship Niagara is a part STATEMENT ON THE PASSING OF MRS. CORETTA OGBURN EC–10526. A communication from the As- of Pennsylvania’s history, and your sistant Secretary of Legislative Affairs, De- commitment to the ship and to Erie is ∑ Mr. SANTORUM. Mr. President, I partment of State, transmitting, pursuant to highly commendable. would like to take this opportunity to law, a certification relative to Armenia, Az- erbaijani, Georgia, Kazakhstan, the Kyrgyz f recognize Mrs. Coretta Ogburn who died on Monday July 31, 2000. She was Republic, and Uzbekistan; to the Committee RECOGNITION OF JIM SUTTON, SU- born on July 30, 1909 in Pittsburgh to on Armed Services. PERINTENDENT OF THE KALAMA the late Sally and Henry Black. EC–10527. A communication from the SCHOOL DISTRICT Mrs. Ogburn graduated from the Under Secretary of Defense, Acquisition and Technology, transmitting, pursuant to law, ∑ Mr. GORTON. Mr. President, I would Pittsburgh Public School System and the Selected Acquisition Reports for the pe- like to bring the Senate’s attention later became employed for many years riod from April 1 through June 30, 2000; to today to Mr. Jim Sutton, a man who with the Allegheny County Health De- the Committee on Armed Services. has given a generation of Kalama stu- partment from which she retired in the EC–10528. A communication from the As- dents a unique look at the courageous 1970s. She was also well known as a sistant Secretary of Legislative Affairs, De- acts of an older generation—the men dedicated and highly respected commu- partment of State, transmitting, pursuant to and women who fought in World War nity leader for her committed efforts law, the report of military expenditures for to her Church and community organi- countries receiving U.S. assistance; to the II. Mr. Sutton is the Superintendent of Committee on Appropriations. the Kalama School District and also zations. She was actively involved in EC–10529. A communication from the As- finds the time to teach a course on the Negro Emergency Education Drive sistant Secretary of Legislative Affairs, De- World War II and the Cold War. (NEED), the Urban League, the YWCA, partment of State, transmitting, pursuant to Through his great personal interest in the YMCA, and the Pittsburgh branch law, a report relative to the Missile Tech- WWII and his desire to transfer some of of the NAACP. nology Control Regime; to the Committee on his interest onto his students, Jim has During her tenure as a member of the Foreign Relations. made history come alive for them. NAACP, Mrs. Ogburn sat on the Execu- EC–10530. A communication from the De- Mr. Sutton’s class, based on the book tive Committee, Human Rights Dinner partment of Defense, General Services Ad- ministration, and the National Aeronautics Band of Brothers, by Stephen Ambrose, Committee, Scholarship Committee, and Space Administration, transmitting uses firsthand accounts of companies Women in the NAACP (WIN), and the jointly, pursuant to law, the report of a rule who were a part of D-Day in WWII. Membership Committee. As Chair of entitled ‘‘Federal Acquisition Regulation, Ambrose’s book documents the ac- the Membership Committee, she was Federal Acquisition Circular 97–19’’ (FAC97– counts of E Company, which the movie, instrumental in increasing branch 19) received on July 25, 2000; to the Com- ‘‘Saving Private Ryan,’’ was based. memberships for the organization, and mittee on Governmental Affairs. Mr. Sutton has made it possible for in 1958, she received her first award for EC–10531. A communication from the Exec- his students to meet some of these soliciting the most NAACP member- utive Director of the Committee For Pur- chase From People Who Are Blind Or Se- great men who fought in WWII. Jim ships. In addition, the National Office verely Disabled, transmitting, pursuant to has brought an Italian officer that of the NAACP awarded Mrs. Ogburn a law, the report of additions to the procure- fought Rommel in the African Cam- medal for her accomplishments as one ment list received on August 30, 2000; to the paign, a P–51 pilot who brought actual of the top membership solicitors in the Committee on Governmental Affairs. video footage from his wing cameras, a entire nation. Mrs. Ogburn was award- EC–10532. A communication from the Dep- machine gunner who landed at D-Day, ed several other awards for her com- uty Archivist of the United States, National and a German soldier who spent two mitment and dedication to this organi- Archives and Records Administration, trans- years in a Russian prisoner of war zation. mitting, pursuant to law, the report of a rule entitled ‘‘Nondiscrimination on the Basis of camp. It is an honor for me to recognize Sex in Education Programs or Activities Re- Anyone can see how Mr. Sutton rec- Mrs. Coretta Ogburn and the selfless ceiving Federal Financial Assistance’’ ognizes the sacrifices of the WWII gen- time and energy she put towards her (RIN3095–AA89) received on August 30, 2000; eration and has shared it with others. community. She was a true civil serv- to the Committee on Governmental Affairs. Most impressive was in June when five ant and community leader, and Pitts- EC–10533. A communication from the Di- of Mr. Sutton’s students accompanied burgh was very blessed to have her a rector of the Employment Service, Office of him to the opening of the D-Day mu- resident of its city. She cared a great Personnel Management, transmitting, pursu- seum in New Orleans, Louisiana where deal for her loved ones, illustrated true ant to law, the report of a rule entitled ‘‘Interagency Career Transition Assistance students were able to meet their his- dedication to the organizations which for Displaced Former Panama Canal Zone tory book heroes in person. she belonged, and will be sorely missed Employees’’ (RIN3206–AI56) received on Au- I have always considered my ‘‘Inno- by all those who knew her.∑ gust 30, 2000; to the Committee on Govern- vation in Education’’ Awards to high- f mental Affairs. light special people and programs, and EC–10534. A communication from the Di- MESSAGES FROM THE PRESIDENT this award demonstrates how innova- rector of the Office of Personnel Manage- tive a typical U.S. history class can be. Messages from the President of the ment, transmitting, pursuant to law, the re- Mr. Sutton has created a live link be- United States were communicated to port of a rule entitled ‘‘Retirement Eligi- tween the past and the present for his the Senate by Ms. Evans, one of his bility For Nuclear Materials Couriers Under secretaries. CSRS and FERS’’ (RIN3206–AI66) received on students. August 30, 2000; to the Committee on Govern- Greg Rayl, Principal of Kalama Mid- EXECUTIVE MESSAGES REFERRED mental Affairs. dle and High School, who nominated As in executive session the Presiding EC–10535. A communication from the Di- Mr. Sutton for the award adds, ‘‘Too Officer laid before the Senate messages rector of the Employment Service, Office of

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8102 CONGRESSIONAL RECORD — SENATE September 6, 2000 Personnel Management, transmitting, pursu- reau, Federal Communications Commission, Bombardier Model DHC–7–100, and DHC–8– ant to law, the report of a rule entitled ‘‘Po- transmitting, pursuant to law, the report of 100, 200, and 300 Series Airplanes; docket no. sitions Restricted to Preference Eligibles’’ a rule entitled ‘‘Amendment of Section 2000–NM–90 [8–17/8–31]’’ (RIN 2120–AA64 (2000– (RIN3206–AI69) received on August 30, 2000; to 73.202(b), Table of Allotments, FM Broadcast 0422)) received on September 5, 2000; to the the Committee on Governmental Affairs. Stations (Wamsutter, Bairoil, Wyoming)’’ Committee on Commerce, Science, and EC–10536. A communication from the Dis- (MM Docket NO. 98–86; RM–9284, RM–9671) re- Transportation. trict of Columbia Auditor, transmitting, pur- ceived on August 30, 2000; to the Committee EC–10553. A communication from the Pro- suant to law, the report entitled ‘‘Statutory on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- Audit of Advisory Neighborhood Commission EC–10545. A communication from the Dep- ministration, Department of Transportation, 4C for the Period October 1, 1995 through uty Assistant Administrator for Fisheries, transmitting, pursuant to law, the report of September 30, 1999’’ received on August 30, National Marine Fisheries Service, Depart- a rule entitled ‘‘Airworthiness Directives: 2000; to the Committee on Governmental Af- ment of Commerce, transmitting, pursuant Saab Model 340B Series Airplanes; docket no. fairs. to law, the report of a rule entitled ‘‘Final 2000–NM–225 [8–21/8–31]’’ (RIN 2120–AA64 (2000– EC–10537. A communication from the Act- Rule Implementing Amendment 12 to the 0426)) received on September 5, 2000; to the ing Director of the Office of Government Fishery Management Plan for Coastal Mi- Committee on Commerce, Science, and Ethics, Office of General Counsel and Legal gratory Pelagic Resources of the Gulf of Transportation. Policy, transmitting, pursuant to law, the Mexico and South Atlantic’’ (RIN0648–AM75) EC–10554. A communication from the Pro- report of a rule entitled ‘‘Proposed Exemp- received on August 30, 2000; to the Com- gram Analyst of the Federal Aviation Ad- tion Amendments Under 18 U.S.C. 208(b)(2) mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, for Financial Interests in Sector Mutual tation. transmitting, pursuant to law, the report of Funds, De Minimis Securities, and Securities EC–10546. A communication from the Spe- a rule entitled ‘‘Airworthiness Directives: of Affected Nonparty Entities in Litigation’’ cial Assistant to the Chief, Mass Media Bu- Airbus Industrie Model A300B2 and B4 Series (RIN3209–AA09) received on August 31, 2000; reau, Federal Communications Commission, Airplanes; docket no. 97–NM–184 [8–16/8–31]’’ to the Committee on Governmental Affairs. transmitting, pursuant to law, the report of (RIN 2120–AA64 (2000–0427)) received on Sep- EC–10538. A communication from the Act- a rule entitled ‘‘Amendment of Section tember 5, 2000; to the Committee on Com- ing Director of the Office of Government 73.202(b), Table of Allotments, FM Broadcast merce, Science, and Transportation. Ethics, Office of General Counsel and Legal Stations (Alva, Oklahoma)’’ (MM Docket No. EC–10555. A communication from the Pro- Policy, transmitting, pursuant to law, the 00–7, RM–9799) received on August 30, 2000; to gram Analyst of the Federal Aviation Ad- report of a rule entitled ‘‘Standards of Eth- the Committee on Commerce, Science , and ministration, Department of Transportation, ical Conduct for Employees of the Executive Transportation. transmitting, pursuant to law, the report of Branch; Definition of Compensation for Pur- EC–10547. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: poses of Prohibition on Acceptance of Com- gram Analyst of the Federal Aviation Ad- Boeing Model 737–100, 200, 200C Series Air- pensation in Connection with Certain Teach- ministration, Department of Transportation, planes; docket no. 2000–NM–183 [8–8/8–31]’’ ing, Speaking and Writing Activities’’ transmitting, pursuant to law, the report of (RIN 2120–AA64 (2000–0428)) received on Sep- (RIN3209–AA04) received on August 30, 2000; a rule entitled ‘‘Airworthiness Directives: tember 5, 2000; to the Committee on Com- to the Committee on Governmental Affairs. McDonnell Douglas Model DC 10–10, –15, –30, merce, Science, and Transportation. EC–10539. A communication from the Dep- –30F, and –40 Series Airplanes and Model EC–10556. A communication from the Pro- uty Assistant Administrator of the National MD–10–10F and MD–10–30F Series Airplanes; gram Analyst of the Federal Aviation Ad- Oceanic Atmospheric Administration, De- docket no. 2000–NM–50 [8–21/8–31]’’ (RIN 2120– ministration, Department of Transportation, partment of Commerce, transmitting, pursu- AA64 (2000–0417)) received on September 5, transmitting, pursuant to law, the report of ant to law, the report of a rule entitled ‘‘Cli- a rule entitled ‘‘Airworthiness Directives: mate and Global Change Program’’ received 2000; to the Committee on Commerce, Lockheed Model L 1011 385 Series Airplanes; on August 30, 2000; to the Committee on Science, and Transportation. EC–10548. A communication from the Pro- docket no. 99–NM–233 [8–16/8–31]’’ (RIN 2120– Commerce, Science, and Transportation. EC–10540. A communication from the Act- gram Analyst of the Federal Aviation Ad- AA64 (2000–0429)) received on September 5, ing Director of the Office of Sustainable ministration, Department of Transportation, 2000; to the Committee on Commerce, Fisheries, National Marine Fisheries Serv- transmitting, pursuant to law, the report of Science, and Transportation. EC–10557. A communication from the Pro- ice, Department of Commerce, transmitting, a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- pursuant to law, the report of a rule entitled Airbus Model A330 and A340 Series Airplanes; ‘‘Fisheries of the Exclusive Economic Zone docket no. 2000–NM–62 [8–21/8–312]’’ (RIN 2120– ministration, Department of Transportation, Off Alaska—Closes Deep-Water Species Fish- AA64 (2000–0418)) received on September 5, transmitting, pursuant to law, the report of ery Using Trawl Gear in the Gulf of Alaska’’ 2000; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: received on August 30, 2000; to the Com- Science, and Transportation. SAAB Model 340B and SAAB 2000 Series Air- mittee on Commerce, Science, and Transpor- EC–10549. A communication from the Pro- planes; docket no. 99–NM–354 [8–16/8–31]’’ tation. gram Analyst of the Federal Aviation Ad- (RIN 2120–AA64 (2000–0430)) received on Sep- EC–10541. A communication from the Act- ministration, Department of Transportation, tember 5, 2000; to the Committee on Com- ing Director of the Office of Sustainable transmitting, pursuant to law, the report of merce, Science, and Transportation. Fisheries, National Marine Fisheries Serv- a rule entitled ‘‘Airworthiness Directives: EC–10558. A communication from the Pro- ice, Department of Commerce, transmitting, British Aerospace HP137 Mk1, jetstream Se- gram Analyst of the Federal Aviation Ad- pursuant to law, the report of a rule entitled ries 200 and 3101 and 3201 Airplanes; docket ministration, Department of Transportation, ‘‘Closure of the Commercial Fishery for Gulf no. 98–CE–117; [8–21/8–31]’’ (RIN 2120–AA64 transmitting, pursuant to law, the report of Group King Mackerel in the Gulf Western off (2000–0419)) received on September 5, 2000; to a rule entitled ‘‘Airworthiness Directives: Texas, Louisiana, and Alabama’’ received on the Committee on Commerce, Science, and CFM International 56–2, 2A, 2B, 3, 3B, 3C, 5, August 30, 2000; to the Committee on Com- Transportation. 5A, 5B, 5C Series Turbofan Engines; docket merce, Science, and Transportation. EC–10550. A communication from the Pro- no. 99–NE–40 [8–2/8–31]’’ (RIN 2120–AA64 (2000– EC–10542. A communication from the Chief gram Analyst of the Federal Aviation Ad- 0431)) received on September 5, 2000; to the of the Policy and Rules Division, Office of ministration, Department of Transportation, Committee on Commerce, Science, and Engineering and Technology, Federal Com- transmitting, pursuant to law, the report of Transportation. munications Commission, transmitting, pur- a rule entitled ‘‘Airworthiness Directives: EC–10559. A communication from the Pro- suant to law, the report of a rule entitled Wytwornia Sprzetu Model PZL–104 Wilga 80 gram Analyst of the Federal Aviation Ad- ‘‘Establishment of an Improved Model for Airplanes; docket no. 2000–CE–52 [8–21/8–31]’’ ministration, Department of Transportation, Predicting the Broadcast Television Field (RIN 2120–AA64 (2000–0420)) received on Sep- transmitting, pursuant to law, the report of Strength Received at Individual Locations’’ tember 5, 2000; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: (ET Docket 00–11, FCC 00–185) received on merce, Science, and Transportation. Boeing Model 747 Series Airplanes; docket August 30, 2000; to the Committee on Com- EC–10551. A communication from the Pro- no. 98–NM–285 [8–2/8–31]’’ (RIN 2120–AA64 merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- (2000–0432)) received on September 5, 2000; to EC–10543. A communication from the Chief ministration, Department of Transportation, the Committee on Commerce, Science, and of the Policy and Rules Division, Office of transmitting, pursuant to law, the report of Transportation. Engineering and Technology, Federal Com- a rule entitled ‘‘Airworthiness Directives: EC–10560. A communication from the Pro- munications Commission, transmitting, pur- Boeing Model 767–200, –300, and –300F Series gram Analyst of the Federal Aviation Ad- suant to law, the report of a rule entitled Airplanes; docket no. 99–NM–54 [8–21/8–31]’’ ministration, Department of Transportation, ‘‘Amendment of Parts 2 and 95 of the Com- (RIN 2120–AA64 (2000–0421)) received on Sep- transmitting, pursuant to law, the report of mission’s Rules to Create a Wireless Medical tember 5, 2000; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: Telemetry Service’’ (ET 99–255 and PR 92–235) merce, Science, and Transportation. Boeing Model 747–200 and 300 series airplanes received on August 30, 2000; to the Com- EC–10552. A communication from the Pro- equipped with GE CF6–80C2 Series Engines; mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- docket no. 99–NM–79 [8–2/8–31]’’ (RIN 2120– tation. ministration, Department of Transportation, AA64 (2000–0433)) received on September 5, EC–10544. A communication from the Spe- transmitting, pursuant to law, the report of 2000; to the Committee on Commerce, cial Assistant to the Chief, Mass Media Bu- a rule entitled ‘‘Airworthiness Directives: Science, and Transportation.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8103 EC–10561. A communication from the Pro- EC–10570. A communication from the Act- sels (USCG–1998–4445)’’ (RIN2115–AF66 (2000– gram Analyst of the Federal Aviation Ad- ing Chief of the Office of Regulations and Ad- 0001)) received on September 5, 2000; to the ministration, Department of Transportation, ministrative Law, U.S. Coast Guard, Depart- Committee on Commerce, Science, and transmitting, pursuant to law, the report of ment of Transportation, transmitting, pur- Transportation. a rule entitled ‘‘Standard Instrument Ap- suant to law, the report of a rule entitled EC–10579. A communication from the Asso- proach Procedures; Miscellaneous Amend- ‘‘Safety/Security Zone Regulations; San ciate Bureau Chief, Wireless Telecommuni- ments (75); amdt. no. 2007 [8–24/8–31]’’ Juan Harbor, Puerto Rico (COTP San Juan cations, Federal Communications Commis- (RIN2120–AA65 (2000–0042)) received on Sep- 00–065)’’ (RIN2115–AA97 (2000–0056)) received sion, transmitting, pursuant to law, the re- tember 5, 2000; to the Committee on Com- on September 5, 2000; to the Committee on port of a rule entitled ‘‘Amendment of the merce, Science, and Transportation. Commerce, Science, and Transportation. Commission’s Rules to Permit Flexible Serv- EC–10562. A communication from the Pro- EC–10571. A communication from the Act- ice Offerings in the Commercial Mobile gram Analyst of the Federal Aviation Ad- ing Chief of the Office of Regulations and Ad- Radio Services’’ (WT Docket No. 96–6; FCC ministration, Department of Transportation, ministrative Law, U.S. Coast Guard, Depart- 00–246) received on September 5, 2000; to the transmitting, pursuant to law, the report of ment of Transportation, transmitting, pur- Committee on Commerce, Science, and a rule entitled ‘‘Establishment of Class D suant to law, the report of a rule entitled Transportation. Stuart, FL; correction; docket no. 00–ASO–12 ‘‘Safety/Security Zone Regulations; Lake EC–10580. A communication from the Con- [8–18/8–31]’’ (RIN 2120–AA66 (2000–0201)) re- Erie, Maumee River, Ohio (CGD09–00–079)’’ gressional Budget Office, transmitting, pur- ceived on September 5, 2000; to the Com- (RIN2115–AA97 (2000–0079)) received on Sep- suant to law, the Sequestration Update Re- mittee on Commerce, Science, and Transpor- tember 5, 2000; to the Committee on Com- port for Fiscal Year 2001; referred jointly, tation. merce, Science, and Transportation. pursuant to the order of January 30, 1975 as EC–10563. A communication from the Pro- EC–10572. A communication from the Act- modified by the order of April 11, 1986, to the gram Analyst of the Federal Aviation Ad- ing Chief of the Office of Regulations and Ad- Committees on Agriculture, Nutrition, and ministration, Department of Transportation, ministrative Law, U.S. Coast Guard, Depart- Forestry; Armed Services; Banking, Housing, transmitting, pursuant to law, the report of ment of Transportation, transmitting, pur- and Urban Affairs; Commerce, Science, and a rule entitled ‘‘Amendment of Class E Air- suant to law, the report of a rule entitled Transportation; Energy and Natural Re- space; Kearney, NE; docket no. 00–ACE–11 [8– ‘‘Safety/Security Zone Regulations; Lake sources; Environment and Public Works; Fi- 2/8–31]’’ (RIN 2120–AA66 (2000–0202)) received Erie, Maumee River, Ohio (CGD09–00–080)’’ nance; Foreign Relations; Governmental Af- on September 5, 2000; to the Committee on (RIN2115–AA97 (2000–0080)) received on Sep- fairs; Health, Education, Labor, and Pen- Commerce, Science, and Transportation. tember 5, 2000; to the Committee on Com- sions; the Judiciary; Small Business; Vet- EC–10564. A communication from the Pro- merce, Science, and Transportation. erans’ Affairs; Indian Affairs; Intelligence; gram Analyst of the Federal Aviation Ad- EC–10573. A communication from the Act- Appropriations; and the Budget. ministration, Department of Transportation, ing Chief of the Office of Regulations and Ad- f transmitting, pursuant to law, the report of ministrative Law, U.S. Coast Guard, Depart- a rule entitled ‘‘Modification of Class E Air- ment of Transportation, transmitting, pur- REPORTS OF COMMITTEES space; Elko, NV; docket no. 00–ASP 5 [8–2/8– suant to law, the report of a rule entitled The following reports of committees 31]’’ (RIN 2120–AA66 (2000–0203)) received on ‘‘Safety/Security Zone Regulations; Fire- September 5, 2000; to the Committee on Com- works Display, Rockaway Beach, NY were submitted: merce, Science, and Transportation. (CGD01–00–206)’’ (RIN2115–AA97 (2000–0081)) By Mr. MCCAIN, from the Committee on EC–10565. A communication from the Pro- received on September 5, 2000; to the Com- Commerce, Science, and Transportation, gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- with an amendment in the nature of a sub- ministration, Department of Transportation, tation. stitute: transmitting, pursuant to law, the report of EC–10574. A communication from the Act- S. 1510: A bill to revise the laws of the a rule entitled ‘‘Establishment of Class D ing Chief of the Office of Regulations and Ad- United States appertaining to United States Airspace; Boca Raton, FL; correction; docket ministrative Law, U.S. Coast Guard, Depart- cruise vessels, and for other purposes (Rept. no. 00–ASO–22 [8–21/8–31]’’ (RIN 2120–AA66 ment of Transportation, transmitting, pur- No. 106–396). (2000–0204)) received on September 5, 2000; to suant to law, the report of a rule entitled By Mr. SPECTER, from the Committee on the Committee on Commerce, Science, and ‘‘Regatta Regulations: SLR; Sharptown Out- Veterans’ Affairs, with an amendment in the Transportation. board Regatta, Nanticoke River, Sharptown, nature of a substitute and an amendment to EC–10566. A communication from the Pro- Maryland (CDG05–00–031)’’ (RIN2115–AE46 the title: gram Analyst of the Federal Aviation Ad- (2000–0012)) received on September 5, 2000; to S. 1810: A bill to amend title 38, United ministration, Department of Transportation, the Committee on Commerce, Science, and States Code, to clarify and improve veterans’ transmitting, pursuant to law, the report of Transportation. claims and appellate procedures (Rept. No. a rule entitled ‘‘Amendment of Class E Air- EC–10575. A communication from the Act- 106–397). space; Savannah, GA; docket no. 00–ASO–10 ing Chief of the Office of Regulations and Ad- By Mr. SPECTER, from the Committee on [8–2/8–31]’’ (RIN 2120–AA66 (2000–0205)) re- ministrative Law, U.S. Coast Guard, Depart- Veterans’ Affairs, without amendment: ceived on September 5, 2000; to the Com- ment of Transportation, transmitting, pur- S. 3011: An original bill to increase, effec- mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled tive as of December 1, 2000, the rates of com- tation. ‘‘Drawbridge Regulations; Upper Mississippi pensation for veterans with service-con- EC–10567. A communication from the Pro- River (CDG08–00–014)’’ (RIN2115–AE47 (2000– nected disabilities and the rates of depend- gram Analyst of the Federal Aviation Ad- 0043)) received on September 5, 2000; to the ency and indemnity compensation for the ministration, Department of Transportation, Committee on Commerce, Science, and survivors of certain disabled veterans (Rept. transmitting, pursuant to law, the report of Transportation. No. 106–398). a rule entitled ‘‘Amendment of Class E Air- EC–10576. A communication from the Act- f space; Hampton, IA; correction; docket no. ing Chief of the Office of Regulations and Ad- EXECUTIVE REPORTS OF 00–ACE–7 [8–2/8–31]’’ (RIN 2120–AA66 (2000– ministrative Law, U.S. Coast Guard, Depart- 0206)) received on September 5, 2000; to the ment of Transportation, transmitting, pur- COMMITTEE Committee on Commerce, Science, and suant to law, the report of a rule entitled The following executive reports of Transportation. ‘‘Drawbridge Regulations; Tickfaw River, LA committee were submitted on Sep- EC–10568. A communication from the Pro- (CDG08–00–019)’’ (RIN2115–AE47 (2000–0044)) tember 5, 2000: gram Analyst of the Federal Aviation Ad- received on September 5, 2000; to the Com- By Mr. HELMS, from the Committee on ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- Foreign Relations: transmitting, pursuant to law, the report of tation. Treaty Doc. 106–8. Convention (No. 176) a rule entitled ‘‘Realignment to Restricted EC–10577. A communication from the Act- Concerning Safety and Health in Mines Area R–6901A Fort McCoy; WI; docket no. 00– ing Chief of the Office of Regulations and Ad- (Exec. Report No. 106–16). AGL–20 [8–17/8–31]’’ (RIN 2120–AA66 (2000– ministrative Law, U.S. Coast Guard, Depart- 0207)) received on September 5, 2000; to the ment of Transportation, transmitting, pur- TEXT OF THE COMMITTEE RECOMMENDED Committee on Commerce, Science, and suant to law, the report of a rule entitled RESOLUTION OF ADVICE AND CONSENT: Transportation. ‘‘Drawbridge Regulations; Red River, LA Resolved, (two thirds of the Senators present EC–10569. A communication from the Pro- (CDG08–00–020))’’ (RIN2115–AE47 (2000–0045)) concurring therein), That the Senate advise gram Analyst of the Federal Aviation Ad- received on September 5, 2000; to the Com- and consent to the ratification of Convention ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- (No. 176) Concerning Safety and Health in transmitting, pursuant to law, the report of tation. Mines, Adopted by the International Labor a rule entitled ‘‘Removal of Class E Airspace; EC–10578. A communication from the Act- Conference at its 82nd Session in Geneva on Melbourne, FL, and Cocos Patrick AFB, FL; ing Chief of the Office of Regulations and Ad- June 22, 1995 (Treaty Doc. 106–8) (hereinafter, docket no. 00–ASO–27 [8–24/8–31]’’ (RIN 2120– ministrative Law, U.S. Coast Guard, Depart- ‘‘The Convention’’), subject to the under- AA66 (2000–0208)) received on September 5, ment of Transportation, transmitting, pur- standings of subsection (a), the declarations 2000; to the Committee on Commerce, suant to law, the report of a rule entitled of subsection (b) and the provisos of sub- Science, and Transportation. ‘‘Fire Protection Measures for Towing Ves- section (c).

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8104 CONGRESSIONAL RECORD — SENATE September 6, 2000

(a) UNDERSTANDINGS.—The Senate’s advice (1) NO DIVERSON.—United States contribu- (2) TREATY INTERPRETATION.—The Senate and consent is subject to the following un- tions pursuant to this Convention shall not affirms the applicability to all treaties of derstandings, which shall be included in the be diverted to government troops or security the constitutionally based principles of trea- instrument of ratification: forces in countries which have been des- ty interpretation set forth in Condition (1) of (1) ARTICLE 12.—The United States under- ignated as state sponsors of terrorism by the the resolution of ratification of the INF stands that Article 12 does not mean that the Secretary of State. Treaty, approved by the Senate on May 27, employer in charge shall always be held re- (2) PRIVATE VOLUNTARY ORGANIZATIONS.— 1988, and Condition (8) of the resolution of sponsible for the acts of an independent con- To the maximum feasible extent, distribu- ratification of the Document Agreed Among tractor. tion of United States contributions under the State Parties to the Treaty on Conven- (2) ARTICLE 13.—The United States under- this Convention should be accomplished tional Armed Forces in Europe, approved by stands that Article 13 neither alters nor ab- through private voluntary organizations. the Senate on May 14, 1997. rogates any requirement, mandated by do- (3) TREATY INTERPRETATION.—The Senate (3) NEW LEGISLATION.—Existing federal leg- mestic statute, that a miner or a miner’s affirms the applicability to all treaties of islation provides sufficient legislation au- representative must sign an inspection no- the constitutionally based principles of trea- thority to implement United States obliga- tice, or that a copy of a written inspection ty interpretation set forth in Condition (1) of tions under the Convention. Accordingly, no notice must be provided to the mine operator the resolution of ratification of the INF new legislation is necessary in order for the no later than the time of inspection. Treaty, approved by the Senate on May 27, United States to implement the Convention. (b) DECLARATIONS.—The Senate’s advice 1988, and Condition (8) of the resolution of Because all species of sea turtle occurring in and consent is subject to the following dec- ratification of the Document Agreed Among the Western Hemisphere are listed as endan- larations, which shall be binding on the the State Parties to the Treaty on Conven- gered or threatened under the Endangered President: tional Armed Forces in Europe, approved by Species Act of 1973, as amended (Title 16, (1) NOT SELF-EXECUTING.—The United the Senate on May 14, 1997. United States Code, Section 1536 et seq.), States understands that the Convention is (b) PROVISO.—The advice and consent of said Act will serve as the basic authority for not self-executing. the Senate is subject to the following pro- implementation of United States obligations (2) TREATY INTERPRETATION.—The Senate visos: under the Convention. affirms the applicability to all treaties of (1) SUPREMACY OF THE CONSTITUTION.— (4) ARTICLES IX AND X (‘‘MONITORING PRO- the constitutionally based principles of trea- Nothing in the Convention requires or au- GRAMS,’’ ‘‘COMPLIANCE’’).—The United States ty interpretation set forth in Condition (1) of thorizes legislation or other action by the understands that nothing in the Convention the resolution of ratification of the INF United States of America that is prohibited precludes the boarding, inspection or arrest by United States authorities of any vessel Treaty, approved by the Senate on May 27, by the Constitution of the United States as which is found within United States terri- 1988, and Condition (8) of the resolution of interpreted by the United States. tory or maritime areas with respect to which ratification of the Document Agreed Among it exercises sovereignty, sovereign rights or the State Parties to the Treaty on Conven- Treaty Doc. 105–48. Inter-American Con- jurisdiction, for purposes consistent with Ar- tional Armed Forces in Europe, approved by vention on Sea Turtles (Exec. Rept. 106–18). ticles IX and X of this Convention. the Senate on May 14, 1997. TEXT OF THE COMMITTEE RECOMMENDED RESOLUTION OF ADVICE AND CONSENT: (5) It is the sense of the Senate that the (c) PROVISOS.—The advice and consent of entry into force and implementation of this Resolved, (two thirds of the Senators present the Senate is subject to the following pro- Convention in the United States should not concurring therein), That the Senate advise visos: interfere with the right of waterfront prop- and consent to the ratification of the Inter- (1) REPORT.—One year after the date the erty owners, public or private, to use or al- American Convention for the Protection and Convention enters into force for the United ienate their property as they see fit con- States, and annually for five years there- Conservation of Sea Turtles, With Annexes, sistent with pre-existing domestic law. after, the Secretary of Labor, after consulta- done at Caracas, Venezuela, on December 1, (c) PROVISOS.—The advice and consent of tion with the Secretary of State, shall pro- 1996 (Treaty Doc. 105–48), which was signed the Senate is subject to the following provide a report to the Committee on Foreign by the United States, subject to ratification, visos: Relations of the Senate setting forth the fol- on December 13, 1996, referred to in this reso- (1) REPORT TO CONGRESS.—The Secretary of lowing: lution of ratification as ‘‘The Convention,’’ State shall provide to the Committee on For- (i) a listing of parties which have excluded subject to the understandings of subsection eign Relations of the Senate a copy of each mines from the Convention’s application (a), the declarations of subsection (b) and the annual report prepared by the United States pursuant to Article 2(a), a description of the provisos of subsection (c). in accordance with Article XI of the Conven- excluded mines, an explanation of the rea- (a) UNDERSTANDINGS.—The advice and con- tion. The Secretary shall include for the sons for the exclusions, and an indication of sent of the Senate is subject to the following Committee’s information a list of ‘‘tradi- whether the party plans or has taken steps understandings, which shall be included in tional communities’’ exceptions which may to progressively cover all mines, as set forth the instrument of ratification of the Conven- have been declared by any party to the Con- in Article 2(b); tion and shall be binding on the President: vention. (ii) a listing of countries which are or have (1) ARTICLE VI (‘‘SECRETARIAT’’).—The (2) SUPREMACY OF THE CONSTITUTION.— become parties to the Convention and cor- United States understands that no perma- Nothing in the Convention requires or au- responding dates; and nent secretariat is established by this Con- thorizes legislation or other action by the (iii) an assessment of the relative costs or vention, and that nothing in the Convention United States of America that is prohibited competitive benefits realized during the re- obligates the United States to appropriate by the Constitution of the United States as porting period, if any, by United States mine funds for the purpose of establishing a per- interpreted by the United States. operators as a result of United States ratifi- manent secretariat now or in the future. f cation of the Convention. (2) ARTICLE XII (‘‘INTERNATIONAL COOPERA- (2) SUPREMACY OF THE CONSTITUTION.— TION’’).—The United States understands that, INTRODUCTION OF BILLS AND Nothing in the Convention requires or au- upon entry into force of this Convention for JOINT RESOLUTIONS the United States, the United States will thorizes legislation or other action by the The following bills and joint resolu- United States of America that is prohibited have no binding obligation under the Con- vention to provide additional funding or tions were introduced, read the first by the Constitution of the United States as and second times by unanimous con- interpreted by the United States. technical assistance for any of the measures listed in Article XII. sent, and referred as indicated: Treaty Doc. 106–14. Food Aid Convention (3) ARTICLE XIII (‘‘FINANCIAL RESOURCES’’).— By Mr. FEINGOLD: 1999 (Exec. Rept. 106–17). Bearing in mind the provisions of paragraph S. 3005. A bill to require country of origin (7), the United States understands that es- labeling of all forms of ginseng; to the Com- TEXT OF THE COMMITTEE RECOMMENDED tablishment of a ‘‘special fund,’’ as described mittee on Commerce, Science, and Transpor- RESOLUTION OF ADVICE AND CONSENT: in this Article, imposes no obligation on Par- tation. Resolved, (two thirds of the Senators present ties to participate or contribute to the fund. By Mr. ASHCROFT: concurring therein), That the Senate advise (b) DECLARATIONS.—The advice and consent S. 3006. A bill to remove civil liability bar- and consent to the ratification of the Food of the Senate is subject to the following dec- riers surrounding donating fire equipment to Aid Convention, 1999, which was open for sig- larations: volunteer fire companies; to the Committee nature at the United Nations Headquarters, (1) ‘‘NO RESERVATIONS’’ CLAUSE.—Con- on the Judiciary. New York, from May 1 through June 30, 1999, cerning Article XXIII, it is the sense of the By Mrs. FEINSTEIN (for herself, Mr. and signed by the United States on June 16, Senate that this ‘‘no reservations’’ provision LUGAR, Mr. SPECTER, Mr. INHOFE, Mr. 1999 (Treaty Doc. 106–14), referred to in this has the effect of inhibiting the Senate in its SANTORUM, Mr. GRAMS, Mr. MUR- resolution of ratification as ‘‘The Conven- exercise of its constitutional duty to give ad- KOWSKI, Ms. COLLINS, Mr. MOYNIHAN, tion,’’ subject to the declarations of sub- vice and consent to ratification of a treaty, and Mr. FITZGERALD): section (a) and the proviso of subsection (b). and the Senate’s approval of these treaties S. 3007. A bill to provide for measures in re- (a) DECLARATIONS.—The advice and consent should not be construed as a precedent for sponse to a unilateral declaration of the ex- of the Senate is subject to the following dec- acquiescence to future treaties containing istence of a Palestinian state; to the Com- larations: such provisions. mittee on Foreign Relations.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8105 By Mr. JEFFORDS (for himself, Mr. fees, extend the authorization of appropria- While the sorting process is itself a KENNEDY, and Mr. FEINGOLD): tions, and improve the administration of legitimate part of distributing ginseng, S. 3008. A bill to amend the Age Discrimi- that Act, to amend the United States Ware- smugglers often use it as a ruse to nation in Employment Act of 1967 to require, house Act to authorize the issuance of elec- switch Wisconsin ginseng with the as a condition of receipt of Federal funding, tronic warehouse receipts, and for other pur- that States waive immunity to suit for cer- poses; from the Committee on Agriculture, Asian or Canadian ginseng considered tain violations of that Act, and to affirm the Nutrition, and Forestry, placed on the cal- inferior by consumers. availability of certain suits for injunctive re- endar. The smugglers know that while Chi- lief to ensure compliance with that Act; to f nese-grown ginseng has a retail value the Committee on Health, Education, Labor, of about $5–$6 per pound, while Wis- and Pensions. STATEMENTS ON INTRODUCED consin-grown ginseng is valued at By Mr. HUTCHINSON (for himself, Mr. BILLS AND JOINT RESOLUTIONS roughly $16–$20 per pound. GRAMS, Mr. WELLSTONE, Ms. COLLINS, Mr. THURMOND, Mr. HOLLINGS, and By Mr. FEINGOLD: To make matters even tougher for Mr. JEFFORDS): S. 3005. A bill to require country ori- Wisconsin’s ginseng farmers, there is S. 3009. A bill to provide funds to the Na- gin labeling of all forms of ginseng; to no accurate way of testing ginseng to tional Center for Rural Law Enforcement; to the Committee on Commerce, Science, determine where it was grown, other the Committee on the Judiciary. and Transportation. than testing for pesticides that are By Mr. GRASSLEY: GINSENG TRUTH IN LABELING ACT OF 2000 legal in Canada and China but are S. 3010. A bill to amend title 38, United banned in the United States. States Code, to improve procedures for the Mr. FEINGOLD. Mr. President, I rise determination of the inability of veterans to today to introduce a package of legis- And in some cases, smugglers can defray expenses of necessary medical care, lation (S. 3005 and S. Res. 348) that ad- even find ways around the pesticide and for other purposes; to the Committee on dresses the increased amount of smug- tests. A recent ConsumerLab.com Veterans’ Affairs. gled and mis-labeled ginseng entering study confirmed that much of the gin- By Mr. SPECTER: this country. seng sold in the U.S. contained harmful S. 3011. An original bill to increase, effec- This legislation provides for some chemicals and metals, such as lead and tive as of December 1, 2000, the rates of com- common sense reforms that would re- arsenic. pensation for veterans with service-connected disabilities and the rates of depend- quire country-of-origin labeling for And that’s because the majority of ency and indemnity compensation for the ginseng products, and express the Ginseng sold in the U.S. originates survivors of certain disabled veterans; from Sense of the Senate that customs from countries with lower pesticide the Committee on Veterans’ Affairs; placed should put a stop to the flow of smug- standards, so it’s vitally important on the calendar. gled ginseng into the United States. that consumers know which ginseng is By Mr. LEAHY: My legislation will push for stricter en- really grown in Wisconsin S. 3012. A bill to amend title 18, United forcement of ginseng importation and CONSUMER/PRODUCER IMPACT States Code, to impose criminal and civil allow consumers the information they penalties for false statements and failure to For the sake of ginseng farmers and file reports concerning defects in foreign need to determine the origin of the ginseng they buy. consumers, the U.S. Senate must crack motor vehicle products, and to require the down on smuggled and mislabeled gin- timely provision of notice of such defects, SMUGGLING-LABELING PROBLEM seng. and for other purposes; to the Committee on Mr. President, Chinese and Native Without adequate labeling, con- the Judiciary. American cultures have used ginseng sumers have no way of knowing the By Mrs. MURRAY: for thousands of years for herbal and S.J. Res. 51. A joint resolution authorizing most basic information about the gin- medicinal purposes. special awards to veterans of service as seng they purchase—where it was In America, ginseng is experiencing a United States Navy Armed Guards during grown, what quality or grade it is, or newfound popularity, and I am proud World War I or World War II; to the Com- whether it contains dangerous pes- mittee on Armed Services. to say that my home state of Wis- ticides. f consin is playing a central role in ginseng’s resurgence. The country of origin labeling is a SUBMISSION OF CONCURRENT AND Wisconsin produces 97 percent of the simple but effective way to enable con- SENATE RESOLUTIONS ginseng grown in the United States, sumers to make an informed decision. The following concurrent resolutions and 85 percent of the country’s ginseng And putting the U.S. Senate on record and Senate resolutions were read, and is grown in Marathon County. in support of cracking down on ginseng referred (or acted upon), as indicated: The ginseng industry is an economic smuggling is an important first step By Mr. FEINGOLD: boon to Marathon County, as well as an toward putting an end to the illegal S. Res. 348. A resolution to express the example of the high quality for which ginseng trade. sense of the Senate that the Secretary of the Wisconsin’s agriculture industry is The lax enforcement of smuggled gin- Treasury, acting through the United States known. seng also puts our producers on an un- Customs Service, should conduct investiga- Wisconsin ginseng commands a pre- fair playing field. The mixing of supe- tions into, and take such other actions as are mium price in world markets because rior Wisconsin ginseng with lower qual- necessary to prevent, the unreported impor- ity foreign ginseng root penalizes the tation of ginseng products into the United it is considered to be of the highest States from foreign countries; to the Com- quality and because it has a lower pes- grower and eliminates the incentive to mittee on Finance. ticide and chemical content. provide the consumer with a superior By Mrs. HUTCHISON (for herself and With a huge market for this high- product. Mr. GRAMM): quality ginseng overseas, and growing Mr. President, we must give ginseng S. Con. Res. 134. Concurrent resolution des- popularity for the ancient root here at growers the support they deserve by ignating September 8, 2000, as Galveston home, Wisconsin’s ginseng industry implementing country-of-origin label- Hurricane National Remembrance Day; con- ing that lets consumers make in sidered and agreed to. should have a prosperous future ahead. Unfortunately, the outlook for gin- formed choices about the ginseng that f seng farmers is marred by a serious they consume. INTRODUCTION OF BILLS AND problem—smuggled and mislabeled gin- We must ensure when ginseng con- JOINT RESOLUTIONS seng. Wisconsin ginseng is considered sumers reach for a quality ginseng The following bills and joint resolu- so superior to ginseng grown abroad product—such as Wisconsin grown gin- tions were introduced, read the first that smugglers will go to great lengths seng—that they are getting the real and second times by unanimous con- to label ginseng grown in Canada or thing, not a cheap imitation. sent, and referred as indicated, on Au- Asia as ‘‘Wisconsin-grown.’’ gust 25, 2000. Here’s how the switch takes place: By Mr. ASHCROFT: By Mr. LUGAR: Smugglers take Asian or Canadian- S. 3006. A bill to remove civil liabil- S. 3001. A bill to amend the United States grown ginseng and ship it to plants in ity barriers surrounding donating fire Grain Standards Act to extend the authority China, allegedly to have the ginseng equipment to volunteer fire companies; of the Secretary of Agriculture to collect sorted into various grades. to the Committee on the Judiciary.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8106 CONGRESSIONAL RECORD — SENATE September 6, 2000 THE GOOD SAMARITAN VOLUNTEER FIREFIGHTER falling on corporate donors. Approxi- By Mrs. FEINSTEIN (for herself, ASSISTANCE ACT mately $20 million per year in surplus Mr. LUGAR, Mr. SPECTER, Mr. ∑ Mr. ASHCROFT. Mr. President, equipment is scrapped, while a lot of INHOFE, Mr. SANTORUM, Mr. today I rise to introduce the Good Sa- rural departments go without the most GRAMS, Mr. MURKOWSKI, Ms. maritan Volunteer Firefighter Assist- basic supplies, such as protective cloth- COLLINS, Mr. MOYNIHAN, and ance Act of 2000. This bill will assist ing. Tragically, each year millions of Mr. FITZGERALD): our nation’s volunteer firefighters, who dollars worth of fire equipment is de- S. 3007. A bill to provide for measures daily risk their lives to protect our stroyed instead of donated to these vol- in response to a unilateral declaration families, friends and neighbors. The unteer fire departments. of the existence of a Palestinian state; legislation I am introducing will allow Mr. President, it does not make sense to the Committee on Foreign Rela- volunteer fire departments to accept that quality fire-fighting tools are de- tions. much needed fire-fighting supplies stroyed because of fear of liability by UNILATERAL PALESTINIAN STATEHOOD from manufacturers and others by lim- those who wish to donate their unused DISAPPROVAL ACT OF 2000 iting the liability of companies and fire equipment. According to some esti- Mrs. FEINSTEIN. Mr. President, I departments that donate certified sur- mates, over 800,000 volunteer fire- rise today to join Senator LUGAR in in- plus equipment. fighters nationwide save state and troducing the Unilateral Palestinian In the United States today, the local local governments $36.8 billion annu- Statehood Disapproval Act. This is co- fire department is expected to be pro- ally. We need to support the volunteer sponsored by Senators MOYNIHAN, tector of life, property and environ- fire departments, and Congress should SPECTER, INHOFE, SANTORUM, GRAMS, mental safety concerns. Many commu- start by removing liability barriers COLLINS and MURKOWSKI. nities must rely on the capable and that keep volunteer firefighters from We are now 7 days away from Sep- courageous men and women in the receiving perfectly safe, donated equip- tember 13. That is the day that the local volunteer fire department to pro- ment. Under this bill a person who do- Palestinian Authority Chairman Yas- tect lives and safety. In fact, 75 percent nates qualified fire control or fire res- ser Arafat has set, in the past, as a day of firefighters in this country are vol- cue equipment to a volunteer fire com- when he would declare, unilaterally, unteers. Most volunteer departments pany will not be liable in civil damages Palestinian statehood. He has recently serve small, rural communities and are in any State or Federal Court for per- said that he would reassess his inten- quite often the only fire fighting serv- sonal injuries, property damage, or tion to declare an independent Pales- ices available for these areas. Unfortu- death proximately caused by a defect tinian state unilaterally. I am hopeful nately, one of the largest problems in the equipment. In order to protect that he will. But, nonetheless, I am faced by volunteer fire services is lack firefighters from faulty donated equip- concerned that neither he nor other of sufficient resources. Too often, these ment, this bill requires the equipment senior Palestinian leaders have repudi- departments are struggling to provide to be recertified as safe by an author- ated the idea of a unilateral declara- their members with adequate protec- ized technician. The bill does not pro- tion of statehood. tive clothing, safety devices and train- tect those persons who act with malice, As part of the 1993 Oslo accords, the ing programs. gross negligence, or recklessness in Israelis and Palestinians committed to In my home state of Missouri, there making the donation; nor does it pro- resolving all outstanding issues are approximately 450 fire departments tect the manufacturer of the donated through negotiation. Chairman Arafat throughout the state that have a budg- equipment. reiterated this position on July 25 of et of less than $15,000 per year. Many Mr. President, this bill is supported this year, at the conclusion of the last have budgets under $7,000/year and by a number of firefighting organiza- round of the Camp David negotiations there are even some under $2,000/year. tions. In States that have removed li- when he and Prime Minister Barak After paying insurance premiums, ability barriers through legislation issued a statement agreeing on the im- most departments do not even have similar to this, volunteer fire compa- portance of ‘‘avoiding unilaterally ac- $5,000 in their operating budgets. This nies have received millions of dollars tion that prejudiced the outcome of ne- is simply not enough money to pur- in quality fire fighting equipment. For gotiations.’’ Indeed, one of the keys to chase new and much needed fire-fight- example, in 1997, the Texas state legis- the success of the peace process thus ing equipment. In addition, the cost of lature passed a bill that limited the li- far has been the commitment by each fire and emergency medical apparatus ability of companies who donated sur- side to avoid any unilateral action that and equipment has steadily increased plus equipment to fire departments. would undermine the search for a mu- over the past 20–30 years. Because of Prior to passage of this bill, companies tually satisfactory agreement. this, volunteer firefighters spend a in Texas had refrained from donating A unilateral declaration of Pales- large amount of time raising money for their used equipment for fear of poten- tinian statehood would violate the new equipment; time that could be bet- tial lawsuits. Now, companies donate commitments of Oslo. A unilateral dec- ter spent providing training to respond their surplus equipment to the Texas laration of statehood would be a grave to emergencies. Forest Service, which then certifies the blow to the peace process, one from Fire protection equipment is con- equipment and passes it on to volun- which that process might not be able stantly improving and advancing with teer fire departments. The donated to recover. new state-of-the-art innovation. Be- equipment must meet all original spec- I believe very strongly, and my co- cause industry is constantly updating ifications before it can be sent to vol- sponsors do as well, that any Pales- its fire protection, it is not unusual for unteer departments. The program has tinian state should be the result of ne- plants and factories to accumulate sur- already received in excess of six mil- gotiations between Israel and the Pal- plus fire equipment that is slightly lion dollars worth of equipment for vol- estinians, not the result of the unilat- dated, but still effective, and most is unteer fire departments. eral action of either one side or the almost new, or never used. Despite the Companion legislation has been in- other. excellent condition of most of these troduced in the House of Representa- It is my sincere hope that in the next surplus items, company attorneys usu- tives by Congressman CASTLE. I urge few days, Mr. Arafat and others in the ally refuse to allow donations to fire my Senate colleagues to join me in Palestinian leadership will step back departments, which desperately need ending the wasteful destruction of use- from the September 13 deadline and re- this equipment. Companies routinely ful fire equipment, saving taxpayer commit themselves to the Oslo process destroy surplus equipment to guar- funds, and better equipping our volun- and negotiations with Israel. antee it will never be used by other teer firefighters to save lives. I am This legislation is necessary, how- firefighters. Pressure bottles for proud to introduce this bill and look ever, because should Mr. Arafat go for- breathing apparatus are cut in half and forward to working to ensure that the ward with the unilateral declaration, the regulators buried. Protective fire federal government increases its com- the repercussions for the peace process coats are cut apart. Fire trucks are mitment to the men and women who and stability in the Middle East are, broken up and sold for scrap. All of this make up our local volunteer fire de- indeed, both serious and severe. The is done to prevent any liability from partments.∑ United States must make it clear that

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8107 we will not recognize or condone a uni- and Camp David not to take unilateral edged that progress is best assured if lateral declaration and that the United steps, then I believe the United States both parties refrain from unilateral ac- States will work to make sure the should continue our partnership with tions that would have the effect of un- international community neither ac- the Palestinian people in search for dermining the peace process. cepts nor supports a unilaterally de- peace. Under such circumstances, there After the Camp David talks ended, clared Palestinian state. is no need for this legislation. Chairman Arafat announced that he in- The legislation we introduce today I was deeply disappointed that the tended to unilaterally declare an inde- would do the following: last round of negotiations at Camp pendent Palestinian state by Sep- It would state that the United States David did not succeed in reaching an tember 13 if negotiations with Israel should not recognize any unilaterally agreement. Prime Minister Barak ap- did not conclude in a satisfactory man- declared Palestinian state. peared to make every effort to reach ner by then. Such a statement is harm- It would urge the President and the out and extend the hand of peace and ful to the negotiations and would be Secretary of State to use all diplo- placed items on the table for negotia- disastrous to the peace process. matic means to work with other coun- tion that no Israeli Prime Minister was It is important for the Congress to be tries to deny recognition to such a uni- previously even willing to discuss with heard on this issue. A unilateral dec- laterally declared state. the Palestinian leadership. laration of a Palestinian state is objec- It would prohibit any direct U.S. as- Although there is still a long way to tionable and would create an unneces- sistance to a unilaterally declared Pal- go, I believe that if both sides are sin- sary rupture in our ability to work estinian state, except for humanitarian cere in their desire for peace, a nego- with the Palestinian Authority to ad- assistance or cooperation on tiated settlement is still possible, and vance the peace process. It is my hope antiterrorism efforts. it is my hope that Israel and its Pales- that Chairman Arafat will listen to the It would direct the Secretary of the tinian neighbors will once again find voices of other leaders in the Arab Treasury to oppose membership in any themselves at the negotiating table in world, and elsewhere, which have coun- international financial institution by a the not too distant future. I understand seled caution and urged him to refrain unilaterally declared Palestinian state that Mr. Arafat, Prime Minister Barak, from these unilateral steps toward and oppose any financial assistance and President Clinton will be meeting statehood. from these institutions to such a state. in New York this week, and I hope the Our legislation proposes several tar- It would state the sense of the Con- talks can get back on track. But if the geted limitations and restrictions on gress that the President should down- Palestinians should choose to endanger the Palestinian Authority should they grade the status of the Palestinian of- the peace process by a unilateral dec- decide to declare a Palestinian state in fice in the United States to an informa- laration of statehood on September 13, advance of a final agreement. It states tion office. the United States must be clear what that if Chairman Arafat unilaterally It would also state the sense of the our policy should be. declares a Palestinian state, the U.S. Congress that the President should op- The United States has a vital and an should not recognize it, that we should pose Palestinian membership in the important role to play as an honest work with our friends and allies not to United Nations or any other inter- broker in the region and as a guarantor recognize any such state, and that we national organization, and that the of the peace process and any peace that should downgrade the Palestinian of- United States should oppose economic may result. It is precisely our role as fice in the United States to an informa- or other assistance to a unilaterally an honest broker that compels me to tion office. declared Palestinian state, except for offer this legislation. If the Palestin- The legislation places limitations on humanitarian or security assistance. ians take unilateral steps that under- official U.S. assistance to a unilater- Finally, it would urge the President mine the peace process, the United ally declared Palestinian state but pro- to expedite and upgrade the ongoing re- States must make it clear that we will vides exceptions for cooperation on view of strategic relations between the neither condone nor support such ac- anti-terrorism and security matters. United States and Israel. tions. Our bill also urges the President to op- We have included a Presidential na- I urge my colleagues to join the Sen- pose membership to a unilaterally de- tional interest waiver authority so ator from Indiana and me in sending a clared Palestinian state in the United that if the President deems that even clear and compelling message in sup- Nations and to oppose any economic with a unilateral declaration that the port of the Middle East peace process. and financial assistance from the U.N., peace process can move forward, the Unilateral actions are not acceptable affiliated agencies and international fi- United States will have the flexibility to the United States, and should the nancial institutions. to continue that process. Palestinian Authority choose to break It is my hope that none of these re- I realize that it is a little unusual to with the peace process, the United strictions will have to be implemented. say, but it is my sincere hope that this States will act accordingly. Because we want to insure that the legislation will never require action, Mr. President, it is my understanding President can use all the tools avail- let alone implementation. that Senator SPECTER may well be able to him to assist the parties to suc- I have been a long-time supporter of coming to the floor to make some com- ceed in the peace negotiations, we in- the peace process and for a peace agreements on this. If he does, I ask unani- cluded a presidential national interest ment that provides security for Israel mous consent that his comments be re- waiver authority on those provisions and leads to the consensual establish- flected directly following mine and pertaining to economic and financial ment of a Palestinian state that will be Senator LUGAR’s. assistance. a peaceful neighbor of Israel. Since The PRESIDING OFFICER. Without I hope my colleagues will agree to coming to the Senate, I have worked objection, it is so ordered. support this legislation and the long- long and hard as an advocate for peace Mr. LUGAR. Mr. President, I rise to standing effort to construct a com- in the Middle East and as a supporter join Senator FEINSTEIN and other Mem- prehensive peace in the Middle East. of the negotiations led by President bers from both sides of the aisle to in- Mr. SPECTER. Mr. President, I have Clinton, Secretaries Christopher and troduce the Unilateral Palestinian sought recognition to comment about Albright, and conducted so ably by Statehood Disapproval Act of 2000. I the statements by Palestinian Chair- Dennis Ross. am pleased to be an original co-sponsor man Yasser Arafat that there may be a Because of this support, it is my sin- of this legislation. unilateral declaration of Palestinian cere hope that Mr. Arafat will not At the conclusion of the July round statehood on September 13. That, in choose to heed those who have sug- of negotiations between Israel and the my judgment, would be a grave mis- gested that the Palestinian Authority Palestinian Authority at Camp David, take, and the United States and our al- should unilaterally declare a Pales- Prime Minister Barak and Chairman lies ought to do everything in our tinian state on September 13. If Mr. Arafat issued a statement agreeing on power to prevent Chairman Arafat of Arafat is willing to continue to work the importance of ‘‘avoiding unilateral the Palestinian Authority from mak- within the context of the peace process action that prejudices the outcome of ing that unilateral declaration of and stick to his commitments at Oslo negotiations.’’ They both acknowl- statehood.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8108 CONGRESSIONAL RECORD — SENATE September 6, 2000 When the Oslo accords were signed in our scheduled appointment I found ported with what the Palestinian Au- 1993, there was an agreement that all of that Chairman Arafat was visiting on thority had in mind in any event. I the outstanding issues between Israel the House side in the Capitol complex, think every extra bit of pressure that and the Palestinian Authority would and I had an opportunity to invite can be brought ought to be brought. be negotiated with a solution. There Chairman Arafat to my Capitol office. That is why I wrote to Chairman have been very extensive discussions, At that time, we had an extensive Arafat earlier this year, on August 18, including recent talks at Camp David, discussion where I urged him not to and that is why I am supporting the which have not produced that kind of make the unilateral declaration of bill introduced by the Senator from an agreement and that has led Chair- statehood. He asked me at that time, if California, Mrs. FEINSTEIN, which man Arafat to raise the issue—perhaps he would refrain from that unilateral would impose certain restraints and, in more accurately called ‘‘threat’’—to declaration of statehood, whether I effect, certain sanctions on the Pales- have a unilateral declaration of state- would make a statement saying it was tinian Authority if they do make a uni- hood on September 13. a wise course of action, giving recogni- lateral declaration of statehood. In my I have cosponsored S. 3007, which was tion to the restraint of Chairman judgment, it would set back the peace introduced today by the distinguished Arafat and the Palestinian Authority. I process between Israel and the Pales- Senator from California, Mrs. FEIN- said I would do so and that I would tinian Authority substantially. I retain STEIN, which calls for action by the make a statement on the floor of the some optimism that the differences be- United States in the event that there is Senate on May 5 if Chairman Arafat tween Israel and the Palestinian Au- a unilateral declaration of statehood. and the Palestinian Authority, in fact, thority may yet be reconciled. The bill contains provisions which did not make a unilateral declaration I compliment the President and the would articulate the policy of the of statehood. I wrote Chairman Arafat Secretary of State for their very exten- United States not to recognize a uni- to that effect on March 31, 1999. sive efforts to try to bring about that laterally declared Palestinian state, to I ask unanimous consent that a copy accord. I believe those efforts should be extend diplomatic efforts to deny rec- of this letter be printed in the Congres- continued and intensified. I also com- ognition by working with the allies of sional RECORD at the conclusion of my pliment Dennis Ross of the State De- the United States, the European Union, statement. partment who has done so much in the Japan, and other countries, to down- The PRESIDING OFFICER. Without negotiating process with the parties. grade the status of the Palestinian of- objection, it is so ordered. While there are meetings underway fice in the United States if there (See exhibit 2.) at the United Nations, there may be should be such a unilateral declaration, Mr. SPECTER. Mr. President, I made some occasion for the President to act to prohibit U.S. assistance to the Pal- two statements for the CONGRESSIONAL further in consultation with Israeli estinian Authority if there should be RECORD—one on April 26, 1999, which I Prime Minister Barak and Palestinian such a unilateral declaration, to take incorporate by reference, and another Authority Chairman Yasser Arafat to steps to oppose Palestinian member- statement on May 4, 1999, when Chair- try to bring about advances on the ship in the United Nations or other man Arafat and the Palestinian Au- peace process and ultimately an accord. But certainly a unilateral dec- international organizations, and to op- thority did not make a unilateral declaration of statehood by the Pales- pose Palestinian membership in or as- laration of statehood. tinian Authority would be met with sistance from the international finan- The meeting I had with Chairman grave opposition in this Chamber—I cial institutions. Arafat in my Capitol office was a very know that for a certainty—and I be- I believe this bill is an effective shot interesting one and a very constructive lieve also in the House of Representa- across the bow. one. One note which I had referred to in one of my earlier statements on the tives. I wrote to Chairman Arafat on Au- In conclusion, I urge Chairman gust 18 of this year, urging Chairman floor is worth a very brief reference. I have a very large poster which has a Arafat and his colleagues in the Pales- Arafat to abandon any thoughts about tinian Authority not to make a unilat- joint picture of President Clinton with a unilateral declaration of statehood eral declaration of statehood on Sep- thumbs up and a picture of Chairman for the Palestinian Authority. I ask tember 13, or at any other time, but to Arafat right next to him making the V unanimous consent that the full text of continue the peace process to try to sign, obviously not taken together but this letter be printed in the RECORD at work out outstanding differences in ac- the conclusion of my statement. juxtaposed together on one large post- cordance with the commitments made The PRESIDING OFFICER. Without er. It looks like a campaign poster, al- by the Palestinian Authority on the objection, it is so ordered. most as if the two men were running Oslo accord. (See Exhibit 1.) for political office, which, of course, I thank the Chair and yield the floor. Mr. SPECTER. Mr. President, the es- they were not. EXHIBIT 1 sence of the letter which I wrote to I had accompanied President Clinton U.S. SENATE, on his trip to Israel in December of Chairman Arafat is contained in two COMMITTEE ON VETERANS’ AFFAIRS, paragraphs where I say: 1998. I saw the poster and thought it a Washington, DC, March 31, 1999. . . . There is a strong feeling, both in the nice item of memorabilia and had it Chairman YASSER ARAFAT, United States Senate and the United States framed and put in my Capitol office. President of the National Authority, House of Representatives, as well as that ex- When Chairman Arafat saw his picture Gaza City, GAZA, Palestinian National Author- pressed by President Clinton, that there be on my wall, it did a good bit more than ity. no such unilateral declaration of statehood. any of my persuasive comments to es- DEAR MR. CHAIRMAN: Thank you very much for coming to my Senate hideaway and for There has been tremendous support in the tablish an aura of goodwill in a com- Senate and House, as well as from the Presi- our very productive discussion on March 23. dent, for an overall peace settlement and plimentary sense. He very much liked Following up on that discussion, I urge that Congressional support has included U.S. seeing his picture there. In fact, he that the Palestinian Authority not make a contributions to implement such an accord. wanted to take a picture of the two of unilateral declaration of statehood on May 4 That Congressional support would certainly us standing in front of his picture, or on any subsequent date. The issue of the be eroded by a unilateral declaration of which now stands beside the poster in Palestinian state is a matter for negotiation statehood. under the terms of the Oslo Accords. my Capitol office. I understand your position that this issue I had urged Chairman Arafat in the I mention that because of the—I am will not be decided by you alone but will be past to avoid a unilateral declaration searching for the right word. ‘‘Conge- submitted to the Palestinian Authority of statehood when the possibility was nial meeting’’ might not be exactly Council. raised that such a unilateral declara- right, but it was a businesslike meet- When I was asked at our meeting whether tion might be made back on May 4, ing where Chairman Arafat listened to you and the Palestinian Authority would re- 1999. my arguments against a unilateral dec- ceive credit for refraining from the unilateral declaration of statehood, I replied that I Chairman Arafat came to the United laration of statehood. would go to the Senate floor on May 5 or as States on March 23, and I was sched- When I recite this, I do not really soon thereafter as possible and compliment uled at that time to visit him in his mean to suggest my voice was the de- your action in not unilaterally declaring a hotel in Virginia, but shortly before terminative voice. I think that com- Palestinian state.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8109 I look forward to continuing discussions Mr. DOMENICI. Mr. President, if I of the decision, state employees, who with you on the important issues in the Mid- knew when I asked the Senator from are victims of age discrimination, no East peace process. Pennsylvania if he could be finished in longer have the remedies that are Sincerely, 20 minutes that he was going to be de- available to individuals who work in ARLEN SPECTER. livering such an important speech, I the private sector, for local govern- EXHIBIT 2 might have been reluctant to ask him. ments or for federal government. In- U.S. SENATE, I do commend him on that speech—not deed, unless a state chooses to waive COMMITTEE ON VETERANS’ AFFAIRS, Washington, DC, August 18, 2000. the brevity and coming in on time, but its sovereign immunity or the Equal Chairman YASSER ARAFAT, the substance is very important. Employment Opportunity Commission President of the National Authority, Mr. SPECTER. Mr. President, I decides to bring a suit, state workers Gaza City, GAZA, Palestinian National Author- thank my colleague from New Mexico now find themselves with no federal ity. for those comments. We have worked remedy for their claims of age dis- DEAR CHAIRMAN ARAFAT: On March 23, 1999, together for many years and earlier crimination. In effect, this decision has when you visited my Senate Office in Wash- today on the Appropriations Com- transformed older state employees into ington, I urged you not to make a unilateral mittee, and I appreciate what he just second class citizens. declaration of Palestinian statehood, which For a right without a remedy is no had been discussed as a possibility for May 4, said. 2000. right at all. Employees should not have At that time, I told you that I would make By Mr. JEFFORDS (for himself, to lose their right to redress simply be- a statement on the Senate floor on May 5, Mr. KENNEDY, and Mr. FEIN- cause they happen to work for a state 1999, praising your decision not to declare GOLD): government. And a considerable por- statehood unilaterally if, in fact, you made S. 3008. A bill to amend the Age Dis- tion of our workforce has been im- that decision. You did not declare statehood crimination in Employment Act of 1967 pacted. In Vermont, for example, the on May 4, 1999; and, as promised, I made the to require, as a condition of receipt of State is one of our largest employers. statement on the Senate floor. For your re- Federal funding, that States waive im- We cannot and should not permit these review, I enclose a copy of that statement. munity to suit for certain violations of Now, again, there is talk that there may be state workers to lose the right to re- a unilateral declaration of Palestinian state- that Act, and to affirm the availability dress age discrimination. hood on September 13, 2000. Again, I urge you of certain suits for injunctive relief to This legislation will resolve this not to make such a declaration, but to con- ensure compliance with that Act; to problem. The Older Workers Rights tinue negotiations to try to work out an the Committee on Health, Education, Restoration Act of 2000 will restore the overall agreement with Israel. Labor, and Pensions. full protections of the ADEA to Dan I know that there is a strong feeling, both THE OLDER WORKERS RIGHTS RESTORATION ACT Kimel and countless other state em- in the United States Senate and the United OF 2000 States House of Representatives, as well as ployees in federally assisted programs. that expressed by President Clinton, that Mr. JEFFORDS. Mr. President, I am The legislation will do this by requir- there be no such unilateral declaration of pleased to be here today to introduce ing the states to waive their sovereign statehood. legislation that will restore to state immunity as a condition of receiving There has been tremendous support in the employees the ability to bring claims federal funds for their programs or ac- Senate and House, as well as from the Presi- of age discrimination against their em- tivities. The Older Workers Rights Res- dent, for an overall peace settlement and ployers under the Age Discrimination toration Act of 2000 follows the frame- that Congressional support has included U.S. and Employment Act of 1967. The Older work of many other civil rights laws, contributions to implement such an accord. Workers Rights Restoration Act of 2000 That Congressional support would certainly including the Civil Rights Restoration be eroded by a unilateral declaration of seeks to provide state employees who Act of 1987. Under this framework, im- statehood. allege age discrimination the same pro- munity is only waived with regard to If you do not make such a unilateral dec- cedures and remedies as those afforded the program or activity actually re- laration of Palestinian statehood on Sep- to other employees with respect to ceiving federal funds. States are not tember 13, I will again speak on the Senate ADEA. obligated to accept such funds; and if floor in praise of your restraint. This legislation is needed to protect they do not they are immune from pri- Again, I urge you to renew discussions older workers like Professor Dan with Israel for an overall settlement. vate ADEA suits. The legislation also I look forward to our next meeting when Kimel, who has taught physics at Flor- confirms that these employees may you are in Washington or I am in the Mid- ida State University for nearly 35 bring actions for equitable relief under east. years. Despite his years of faithful the ADEA. Sincerely, service, in 1992, Professor Kimel found I urge all my colleagues to join me in ARLEN SPECTER. that he was earning less in real dollars supporting this bill. Mr. REID. Mr. President, before the than his starting salary. To add insult I ask unanimous consent that a copy Senator from Pennsylvania leaves the to injury, his employer was hiring of this bill be printed in the RECORD. floor, I want the RECORD to reflect the younger faculty out of graduate There being no objection, the bill was statements he has made are bipartisan schools at salaries that were higher ordered to be printed in the RECORD, as in nature. I underline and underscore than he and other long-service faculty follows: the importance of the statement of the members were earning. In 1995, Pro- S. 3008 Senator from Pennsylvania. I think it fessor Kimel and 34 colleagues brought Be it enacted by the Senate and House of Rep- would be very unwise for Chairman a claim of age discrimination against resentatives of the United States of America in Arafat to move unilaterally on estab- the Florida Board of Regents. Congress assembled, lishing statehood. I hope he will sit Dan Kimel and his colleagues SECTION 1. SHORT TITLE. back and look at the great loss that brought their cases under the Age Dis- This Act may be cited as the ‘‘Older Work- will take place if an agreement is not crimination and Employment Act of ers Rights Restoration Act of 2000’’. reached at this time. 1967 (‘‘ADEA’’). In 1974, Congress SEC. 2. FINDINGS. amended the ADEA to ensure that Congress finds the following: I commend and applaud the Senator (1) Since 1974, the Age Discrimination in from Pennsylvania for his statement. state employees, such as Dan Kimel Employment Act of 1967 (29 U.S.C. 621 et seq.) Mr. SPECTER. Mr. President, I has full protection against age dis- has prohibited States from discriminating in thank my distinguished colleague from crimination. I stand before you today employment on the basis of age. In EEOC v. Nevada for those very timely com- because this past January the Supreme Wyoming, 460 U.S. 226 (1983), the Supreme ments. It is important to have that Court ruled that Dan Kimel and other Court upheld Congress’ constitutional au- note of bipartisanship. May the RECORD affected faculty do not have the right thority to prohibit States from discrimi- further reflect, 20 minutes ago the dis- to bring their ADEA claims against nating in employment on the basis of age. tinguished Senator from New Mexico their employer. The Court in Kimel v. The prohibitions of the Age Discrimination in Employment Act of 1967 remain in effect said he wanted to do something sharp Florida Board of Regents, held that and continue to apply to the States, as the at 6 p.m., and the big hand is at the 12 Congress did not have the power to ab- prohibitions have for more than 25 years. and the little hand is at the 6 in this rogate state sovereign immunity to in- (2) Age discrimination in employment re- instant. dividuals under the ADEA. As a result mains a serious problem both nationally and

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8110 CONGRESSIONAL RECORD — SENATE September 6, 2000 among State agencies, and has invidious ef- in the use of such funds to subsidize or facili- amendment to the Constitution or other- fects on its victims, the labor force, and the tate violations of the Age Discrimination in wise, to a suit brought by an employee of economy as a whole. For example, age dis- Employment Act of 1967. that program or activity under this Act for crimination in employment— (7) The Supreme Court has upheld Con- equitable, legal, or other relief authorized (A) increases the risk of unemployment gress’ authority to condition receipt of Fed- under this Act. among older workers, who will as a result be eral funds on acceptance by the States or ‘‘(B) In this paragraph, the term ‘program more likely to be dependent on government other recipients of conditions regarding or or activity’ has the meaning given the term resources; related to the use of those funds, as in Can- in section 309 of the Age Discrimination Act (B) prevents the best use of available labor non v. University of Chicago, 441 U.S. 677 of 1975 (42 U.S.C. 6107). resources; (1979). The Court has further recognized that ‘‘(2) An official of a State may be sued in (C) adversely effects the morale and pro- Congress may require a State, as a condition the official capacity of the official by any ductivity of older workers; and of receipt of Federal assistance, to waive the employee who has complied with the proce- (D) perpetuates unwarranted stereotypes State’s sovereign immunity to suits for a dures of subsections (d) and (e), for equitable about the abilities of older workers. violation of Federal law, as in College Sav- relief that is authorized under this Act. In (3) Private civil suits by the victims of em- ings Bank v. Florida Prepaid Postsecondary such a suit the court may award to the pre- ployment discrimination have been a crucial Education Expense Board, 527 U.S. 666 (1999). vailing party those costs authorized by sec- tool for enforcement of the Age Discrimina- In the wake of the Kimel decision, in order tion 722 of the Revised Statutes (42 U.S.C. tion in Employment Act of 1967 since the en- to assure compliance with, and to provide ef- 1988).’’. actment of that Act. In Kimel v. Florida fective remedies for violations of, the Age SEC. 5. SEVERABILITY. Board of Regents, 120 S. Ct. 631 (2000), how- Discrimination in Employment Act of 1967 in If any provision of this Act, an amendment ever, the Supreme Court held that Congress State programs or activities receiving Fed- made by this Act, or the application of such lacks the power under the 14th amendment eral assistance, and in order to ensure that provision or amendment to any person or to abrogate State sovereign immunity to Federal funds do not subsidize or facilitate circumstance is held to be unconstitutional, suits by individuals under the Age Discrimi- violations of the Age Discrimination in Em- the remainder of this Act, the amendments nation in Employment Act of 1967. The Fed- ployment Act of 1967, it is necessary to re- made by this Act, and the application of eral Government has an important interest quire such a waiver as a condition of receipt such provision or amendment to another per- in ensuring that Federal funds are not used of that Federal financial assistance. son or circumstance shall not be affected. to facilitate violation of, the Age Discrimi- (8) The waiver resulting from the accept- SEC. 6. EFFECTIVE DATE. nation in Employment Act of 1967. Private ance of Federal funds by 1 State program or (a) WAIVER OF SOVEREIGN IMMUNITY.—With civil suits are a critical tool for advancing activity under this Act will not eliminate a respect to a particular program or activity, that interest. State’s immunity with respect to other pro- section 7(g)(1) of the Age Discrimination in (4) As a result of the Kimel decision, al- grams or activities that do not receive Fed- Employment Act of 1967 (29 U.S.C. 626(g)(1)) though age-based discrimination by State eral funds; a State waives sovereign immu- applies to conduct occurring on or after the day, after the date of enactment of this Act, employers remains unlawful, the victims of nity only with respect to Age Discrimination on which a State first receives Federal finan- such discrimination lack important remedies in Employment Act of 1967 suits brought by for vindication of their rights that are avail- cial assistance for use in that program or ac- employees within the programs or activities able to all other employees covered under tivity. that receive such funds. With regard to those the Act, including employees in the private (b) SUITS AGAINST OFFICIALS.—Section programs and activities that are covered by sector, of local government, and of the Fed- 7(g)(2) of the Age Discrimination in Employ- the waiver, the State employees will be ac- eral Government. Unless a State chooses to ment Act of 1967 (29 U.S.C. 626(g)(2)) applies corded only the same remedies that were waive sovereign immunity, or the Equal Em- to any suit pending on or after the date of available to State employees under the Age ployment Opportunity Commission brings an enactment of this Act. Discrimination in Employment Act of 1967 action on their behalf, State employees vic- before Kimel and that are accorded to all Mr. FEINGOLD. Mr. President, I am timized by violations of the Age Discrimina- other covered employees under the Act. pleased to join my distinguished col- tion in Employment Act of 1967 have no ade- leagues, Senator JEFFORDS and Senator quate Federal remedy for violations of the (9) The Supreme Court has repeatedly held Act. In the absence of the deterrent effect that State sovereign immunity does not bar KENNEDY, as an original cosponsor of that such remedies provide, there is a great- suits for prospective injunctive relief the Older Workers Rights Restoration er likelihood that entities carrying out fed- brought against State officials, as in ex Act of 2000. erally funded programs and activities will parte Young, 209 U.S. 123 (1908). Clarification With advances in medicine and use Federal funds to violate the Act, or that of the language of the Age Discrimination in science, Americans are living longer the Federal funds will otherwise subsidize or Employment Act of 1967 will confirm that than ever before. This means that older the Act authorizes such suits. The injunctive facilitate violations of the Act. Americans are also working longer (5) Federal law has long treated non- relief available in such suits will continue to be no broader than the injunctive relief that than ever before. We should ensure discrimination obligations as a core compo- that those Americans who work well nent of programs or activities that are, in was available under the Act before the Kimel whole or part, assisted by Federal funds. decision, and that is available to all other into the golden years of their lives—in- Federal funds should not be used, directly or employees under that Act. cluding state employees—can do so indirectly, to subsidize invidious discrimina- SEC. 3. PURPOSES. without fear of being denied a job, fired tion. Assuring nondiscrimination in employ- The purposes of this Act are— or overlooked for a promotion based on ment is a crucial aspect of assuring non- (1) to provide to State employees in feder- their age. discrimination in those programs and activi- ally assisted programs or activities the same Since enactment of the Age Discrimi- ties. rights and remedies for practices violating nation in Employment Act in 1967, our the Age Discrimination in Employment Act (6) Discrimination on the basis of age in Nation has come a long way in elimi- federally assisted programs or activities is, of 1967 as are available to other employees in contexts other than employment, forbid- under that Act, and that were available to nating age discrimination in the work- den by the Age Discrimination Act of 1975 (42 State employees prior to the Supreme place. But the Supreme Court’s deci- U.S.C. 6101 et seq.). Congress determined Court’s decision in Kimel v. Florida Board of sion earlier this year in Kimel v. Flor- that it was not necessary for the Age Dis- Regents, 120 S. Ct. 631 (2000); ida Board of Regents threatens to turn crimination Act of 1975 to apply to employ- (2) to provide that the receipt of Federal back the clock on the progress we’ve ment discrimination because the Age Dis- funding for use in a program or activity con- made. Under that decision, a state em- crimination in Employment Act of 1974 al- stitutes a State waiver of sovereign immu- ployee who has a claim of employment nity from suits by employees within that ready forbade discrimination in employment discrimination based on age cannot by, and authorized suits against, State agen- program or activity for violations of the Age cies and other entities that receive Federal Discrimination in Employment Act of 1967; bring a private lawsuit against a state funds. In section 1003 of the Rehabilitation and government under the Age Discrimina- Act Amendments of 1986 (42 U.S.C. 2000d–7), (3) to affirm that suits for equitable relief tion in Employment Act. The state Congress required all State recipients of are available against State officials in their government is immune from such suits. Federal assistance to waive any immunity official capacities for violations of the Age The individual’s only legal recourse is from suit for discrimination claims arising Discrimination in Employment Act of 1967. to file a complaint with the Equal Em- under the Age Discrimination Act of 1975. SEC. 4. REMEDIES FOR STATE EMPLOYEES. ployment Opportunity Commission and The earlier limitation in the Age Discrimi- Section 7 of the Age Discrimination in Em- hope that the EEOC takes the case. nation Act of 1975, originally intended only ployment Act of 1967 (29 U.S.C. 626) is amend- to avoid duplicative coverage and remedies, ed by adding at the end the following: But the EEOC has limited resources has in the wake of the Kimel decision be- ‘‘(g)(1)(A) A State’s receipt or use of Fed- and only pursues a fraction of the cases come a serious loophole leaving millions of eral financial assistance in any program or filed. State employees without an important Fed- activity of a State shall constitute a waiver Mr. President, this result is unac- eral remedy for age discrimination resulting of sovereign immunity, under the 11th ceptable. Older American workers

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8111 make important contributions to their of Iowa’s county veterans service offi- eran must be adjudicated when the vet- employers—both businesses and gov- cers. He serves veterans in Emmet eran’s income and net worth is greater ernments, at the state and federal lev- County, in northwest Iowa. In the than $50,000. Ownership of $50,000 of els. Older Americans should be able to course of his work, he was finding that farm land or other real property does work free of even a hint of discrimina- many of his farmer-veteran constitu- not automatically and inevitably mean tion. And older Americans employed by ents where in desperate straits with no, that adjudicators will declare a farmer state governments deserve the same or little, income, but still could not veteran ineligible for these VA pro- protections against discrimination on qualify for VA pension programs with- grams. In principle, the $50,000 is just a the job that other older Americans em- out selling their land. Because of the threshold which is to trigger adjudica- ployed by private businesses or the fed- value of their land, these veterans tion of a veteran’s claim for benefits, eral government enjoy. would also be classified in Category 7 not to automatically disqualify a vet- This bill that we introduce today for purposes of health service eligi- eran for benefits. would do just that. It ensures that bility in the event they sought health But there are two problems with the state employees in federally assisted care from the VA. Category 7 veterans treatment of assets in the schema. programs or activities have the same can receive health care services as long First is the $50,000 level. It’s obviously rights and remedies for practices vio- as the VA has sufficient funds. How- much too low, even as a trigger for ad- lating the Age Discrimination in Em- ever, they are required to pay co-pay- judication. In Iowa currently, the aver- ployment Act as are available to other ments for any health care they receive age value of an acre of farm land is employees under that act and that through the VA because of the value of $1,781. So a farm holding valued at were available to state employees prior their land, even if they have no income $50,000 would average about 28 acres, to the Supreme Court’s Kimel decision. and are in debt to boot. If the adminis- clearly two small to be viable. A 40 tration and Congress don’t appropriate Mr. President, I have had a long- acre farm, at the current average value enough money, these Category 7 vet- standing commitment to aging issues, per acre, would be worth $71,240. A erans will not be eligible for health both as a U.S. Senator and, previously, more viable 80 acre farm would be val- as a Wisconsin State Senator. In the care services from the VA. At Larry’s urging, I decided to con- ued at $142,480. It seems to me, there- U.S. Senate, I have served on the Spe- fore, that the threshold triggering re- cial Committee on Aging. In the Wis- vene a meeting of interested parties in Des Moines last April to talk over this view of a farmer veteran’s income and consin state senate, I served for ten assets should be raised to $150,000. But, years as the chairman of the Senate issue. Because many of his county veterans officials in Iowa, Minnesota, Ne- second, and more fundamentally, the Committee on Aging. In fact, the first law stipulates, as I noted earlier, that legislation I introduced as a state sen- braska, and South Dakota were en- countering constituents with similar divestiture of an estate should not in- ator was a bill to eliminate mandatory volve ‘‘substantial sacrifice’’. It is dif- retirement. That bill passed and was problems, we invited the associations of county veterans service officers ficult for me to see that selling off the signed into law. As a result, older Wis- family farm, in many, if not most, consin residents have the right to work from those states to send a representative to participate. We invited the cases, the sole source of livelihood for without being forced to retire at a cer- a farm family, would not involve sub- tain age. State Veterans Affairs Officers from those states. VA staff from head- stantial sacrifice. It thus seems inher- I look forward to working with Sen- ently unrealistic to require a veteran ator JEFFORDS to move this important quarters, regional offices, and VISNs also participated. The meeting was to liquidate land holdings in order to legislation through the Senate. I urge become eligible for VA pension benefits my colleagues to join us in taking this very useful and informative from my perspective, and I am grateful to all or in order to pay co-payments for VA step toward restoring protections for health care services. state employees against age discrimi- who participated. As it happens, the nation. VA’s Health Services Administration What the bill I am introducing today Thank you, Mr. President. I yield the had already recognized the asset test would do is eliminate completely the floor. as a problem for veterans and had asset test as a factor is establishing formed a task force to look into the eligibility for health care services. A By Mr. GRASSLEY: feasibility of eliminating the asset veteran’s income, however, would still S. 3010. A bill to amend title 38, test. The Veterans Benefits Adminis- be considered in eligibility determina- United States Code, to improve proce- tration had also begun to discuss the tions. The bill would also permit the dures for the determination of the in- issue. In any case, VA participants at Secretary to determine the attrib- ability of veterans to defray expenses the meeting agreed to convey the es- utable income of the veteran using in- of necessary medical care, and for sentials of our discussion to principal come date from the year preceding the other purposes; to the Committee on officials at VA headquarters. prior year in the event that the Sec- Veterans’ Affairs. The problem follows from a provision retary is unable to use prior year data. LEGISLATION FOR THE BENEFIT OF LAND-RICH of Title 38 which holds that the Sec- Finally, the bill would permit the Sec- CASH POOR VETERANS retary may deny benefits to a veteran retary to use information obtained Mr. GRASSLEY. Mr. President, I am ‘‘. . . when the corpus of the estate of from the Secretary of the Department today introducing a bill which would the veteran . . . is such that under all of Health and Human Services and the exclude the value of real property of a the circumstances . . . it is reasonable Treasury for the purpose of deter- veteran, or a veteran’s spouse or de- that some part of the corpus of such es- mining the attributable income of a pendent, in determining how a vet- tates be consumed for the veteran’s veteran. eran’s eligibility for health care from maintenance’’. In other words, if the The VA estimates that this proposal the Department of Veterans Affair income and estate of a veteran are should save the VA money, Mr. Presi- (VA) is classified. The bill would also large enough, they should be used be- dent. They estimate that more than $11 simplify eligibility determinations by fore the veteran receives benefits from million would be saved in fiscal year eliminating the annual self-reporting the VA. The law also states, however, 2001, growing to more than $13 million burden for veterans, and instead enable that liquidations of assets should be rein fiscal year 2005. the Department to obtain income in- quired only when it can be done at ‘‘no I ask that the full text of the bill be formation directly from the Internal substantial sacrifice’’ to the veteran. included in the RECORD. Revenue Service and the Social Secu- Regulations implementing this provi- There being no objection, the bill was rity Administration. sion of law contain essentially the The problem asset-rich, cash-poor same language. The complications ordered to be printed in the RECORD, as veterans experience in gaining eligi- begin with a VA manual, 21–1, which follows: bility for veterans pension and health lays out criteria to be used by VA staff S. 3010 care benefits was brought to my atten- in adjudicating eligibility for pension Be it enacted by the Senate and House of Rep- tion late last year by one of my con- and health benefits. Under the criteria resentatives of the United States of America in stituents, Larry Sundall. Larry is one set out in M21–1, the net worth of a vet- Congress assembled,

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8112 CONGRESSIONAL RECORD — SENATE September 6, 2000 SECTION 1. IMPROVEMENT OF PROCEDURES FOR But it is not just Explorer owners that would be enough to motivate DETERMINATION OF INABILITY TO who are at risk—pedestrians, joggers, them. One would think even the idea of DEFRAY EXPENSES OF NECESSARY MEDICAL CARE. bicyclists, and other cars could be hit huge fines might motivate them. That (a) EXCLUSION OF CERTAIN ASSETS FROM by out-of-control vehicles or by tire doesn’t seem to be enough. Maybe if ATTRIBUTABLE INCOME AND CORPUS OF ES- pieces. they think they will get a jail sentence TATES.—Subsection (f) of section 1722 of title The tires on my car are the same size if they don’t notify us truthfully, 38, United States Code, is amended— and type as those covered by the recall. maybe, they will put the interests of (1) in paragraph (1), by inserting before the But they were manufactured at a dif- the lives and safety of the public ahead period at the end the following: ‘‘, except that such income shall not include the value ferent plant—a North Carolina plant. of the short-term gains of their own of any real property of the veteran or the Even though employees of that plant companies. veteran’s spouse or dependent children, if have raised serious concerns about My bill, the Transportation Informa- any, or any income of the veteran’s depend- quality control in that factory, the tion Recall Enhancement Act, requires ent children, if any’’; and tires on my Explorer are not eligible notification of a foreign dangerous de- (2) in paragraph (2), by striking ‘‘the es- for the recall. But I have to tell you, I fect within 48 hours. It requires even tates’’ and all that follows and inserting look long at them each time I get into more detailed information filings a few ‘‘the estate of the veteran’s spouse, if any, the vehicle, and it is in the back of my days later. My bill also requires notifi- but does not include any real property of the veteran, the veteran’s spouse, or any depend- mind every time I drive. cation of increases in deaths or serious ent children of the veteran, nor any income Even though they tell me that they injuries in foreign countries regarding of dependent children of the veteran.’’. are not yet the subject of a recall, I vehicles and vehicle components that (b) ALTERNATIVE YEAR FOR DETERMINATION wonder what tomorrow’s news may could prove deadly if they are on Amer- OF ATTRIBUTABLE INCOME.—That section is bring. ican soil. further amended by adding at the end the The first foreign recall occurred on Secretary Slater said in an interview following new subsection: August 1999, but the Secretary of that there should be a law requiring ‘‘(h) For purposes of determining the at- Transportation apparently was not tributable income of a veteran under this that the United States be immediately section, the Secretary may determine the at- even informed of this by the manufac- notified of foreign recalls. We are on tributable income of the veteran for the year turer until May of 2000—nearly a year the way to making that a reality. I will preceding the previous year, rather than for after the fact. That is outrageous. It is work with any Senator, Republican or the previous year, if the Secretary finds that unacceptable. Worse yet, that kind of Democrat, on this issue so we can pass available data do not permit a timely deter- delay has proven deadly. I don’t even this legislation or any other bill to get mination of the attributable income of the want to think about the lives that the job done in the next couple of veteran for the previous year for such pur- could have been saved had there been poses.’’. weeks. (c) USE OF INCOME INFORMATION FROM CER- quicker action, and had the manufac- It is incomprehensible to me how any TAIN OTHER FEDERAL AGENCIES.—Section 5317 turers been honest enough to notify corporate executives can live with of that title is amended— the public immediately. themselves when they withhold infor- (1) by redesignating subsections (f) and (g) Even after the recall was issued, the mation that could have saved people’s as subsections (g) and (h), respectively; and deadly risk continues as families have lives. If they are going to conceal the (2) by inserting after subsection (e) the fol- to wait to get replacement tires. I want truth or make false statements, they lowing new subsection (f): to mention one sad case. A grand- ‘‘(f) In addition to any other activities should face criminal sanctions. Some- under this section, the Secretary may utilize father, Gary Meek of Farmersville, times if a person thinks they are going income information obtained under this sec- California, was a retired police officer. to end up in the slammer, they will pay tion from the Secretary of Health and He, his wife and granddaughter, Amy, a lot more attention to the safety of Human Services or the Secretary of the 13 years old, were driving on August 16, people, rather than simply looking at Treasury for the purpose of determining the a couple weeks ago, when a Firestone the balance sheet. attributable income of a veteran under sec- tire on the Ford Explorer separated. For example, we just received reports tion 1722 of this title, in lieu of obtaining in- His wife survived the crash, but Mr. about Mitsubishi over the past two dec- come information directly from the veteran for that purpose.’’. Meek and his granddaughter were ades. For 20 years, they routinely with- (d) PERMANENT AUTHORITY TO OBTAIN IN- killed. His widow has to carry on with held information about dangerous FORMATION.—(1) Section 5317 of that title, as those awful memories. products which ended up in America amended by subsection (c), is further amend- I am going to introduce legislation and other countries. These corporate ed by striking subsection (h). today to mandate that the Secretary of officers should be forced to explain (2) Section 6103(l)(7)(D) of the Internal Rev- Transportation be immediately noti- their inaction to the families of those enue Code of 1986 (26 U.S.C. 6103(l)(7)(D)) is fied of defects in motor vehicles or ve- amended in the flush matter at the end by who have been injured using their prod- striking the second sentence. hicle components—immediately after ucts. Maybe Americans should not buy the foreign manufacturer becomes any Mitsubishi products because they By Mr. LEAHY: aware of the dangerous defect or when lied for 20 years. Criminal penalties are S. 3012. A bill to amend title 18, the manufacturer is notified about the clearly needed. In the global economy United States Code, to impose criminal defect by the foreign government. This there has to be some compassion for and civil penalties for false statements notification would be earlier in time the suffering that is sometimes caused and failure to file reports concerning than the beginning of a foreign recall around the world. There seems to be al- defects in foreign motor vehicle prod- or any efforts to replace the defective most a disconnect. The President of ucts, and to require the timely provi- product. Ford Motors, for example, when he sion of notice of such defects, and for My bill also requires the manufac- heard that Congress was going to ques- other purposes; to the Committee on turer file a full report on the cir- tion him, at first was unwilling to tes- the Judiciary. cumstances regarding each defective tify personally. TRANSPORTATION INFORMATION RECALL vehicle or vehicle component. The bill I think he heard an almost national ENHANCEMENT ACT will impose stiff criminal penalties for outcry over that insolence and dis- Mr. LEAHY. Mr. President, like so false or misleading statements, or ef- regard of the people of this country, in- many Americans, I have been faced forts to coverup the truth, regarding solence and arrogance that kept him with a barrage of confusing and fright- these reports. It also imposes criminal from realizing how concerned Ameri- ening information about the recent and civil penalties for other violations cans were. Fortunately, he changed his Firestone tire recall. I have a Ford Ex- of the bill. In other words, if tires are mind and found the time. I suspect the plorer, and it has Firestone tires on it. defective, or are going to be recalled or appropriate congressional committees My wife and I drive it and take our replaced in some other country, they would have gotten a subpoena, and the children and our friends and others for have to notify us—and notify us accu- result would have been the same. He rides in that vehicle. So I understand rately and truthfully. would have testified. what a lot of my fellow Vermonters are One would think some of these for- Every corporation has a right to sell going through regarding this deadly eign tire companies would feel a moral their products. Every corporation has a episode. It never should have happened. duty to save lives. You would think right to make a decent profit. They

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8113 ought to be able to do that. When they tion commenced its investigation and nearly (b) CONFORMING AMENDMENT.—The analysis know they have a product that can 9 months after Ford Motor Company initi- for chapter 47 of title 18, United States Code, bring about death or injury, and espe- ated the replacement of the tires in foreign is amended by adding at the end the fol- cially when only they know it and no- countries. lowing: (b) PURPOSE.—The purpose of this Act is to body else does, they ought to make ‘‘1036. Penalties in connection with reporting ensure that defects in motor vehicles or re- of defects in foreign motor ve- those facts known. The law should be placement equipment in foreign countries hicle products.’’. very clear that they have to make it are quickly, accurately and truthfully re- SEC. 4. REPORTING OF DEFECTS IN FOREIGN known. If they manufacture a product ported to the United States Secretary of MOTOR VEHICLE PRODUCTS. in this country to sell both here and Transportation in cases in which— Section 30118 of title 49, United States abroad, if there are problems in the (1) the motor vehicles or replacement Code, is amended by adding at the end the other country and the product is defec- equipment is manufactured for export to the following: tive, they should notify this country of United States; or ‘‘(f) REPORTING OF DEFECTS IN FOREIGN (2) the motor vehicles or replacement that fact. They will lose some business MOTOR VEHICLE PRODUCTS.— equipment is manufactured in the United ‘‘(1) DEFINITION OF FOREIGN MOTOR VEHICLE in the short term. In the long term, States using a manufacturing process that is PRODUCT.—The term ‘foreign motor vehicle they will do better. The American pub- the same as, or similar to, the manufac- product’ means a motor vehicle or replace- lic will be secure, and the American turing process used in the foreign country, ment equipment that— public will not be endangered. with the result that the motor vehicles or re- ‘‘(A) is manufactured in a foreign country What Firestone did, what Ford did, placement equipment manufactured in the for export to the United States; or and for that matter, what Mitsubishi United States may also be defective. ‘‘(B) is manufactured in a foreign country did, was wrong. It was absolutely SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CON- using a manufacturing process that is the NECTION WITH REPORTING OF DE- same as, or similar to, a manufacturing proc- wrong. I want corporate leaders never FECTS IN FOREIGN MOTOR VEHICLE to do this again. I want a law that says ess used in the United States for a motor ve- PRODUCTS. hicle or replacement equipment. N ENERAL if you provide information to our gov- (a) I G .—Chapter 47 of title 18, ‘‘(2) REPORTING OF DEFECTS.— ernment regarding defective products United States Code, is amended by adding at ‘‘(A) INITIAL REPORT.—Not later than 48 that is false, misleading or untruthful the end the following: hours after determining, or learning that a that you are going to go to jail. ‘‘§ 1036. Penalties in connection with report- government of a foreign country has deter- Mr. President, I ask unanimous con- ing of defects in foreign motor vehicle mined, that a foreign motor vehicle product sent to print a summary of the bill in products contains a defect that could be related to the RECORD. ‘‘(a) DEFINITIONS.— motor vehicle safety, the manufacturer of There being no objection, the mate- ‘‘(1) FOREIGN MOTOR VEHICLE PRODUCT.—The the foreign motor vehicle product shall re- rial was ordered to be printed in the term ‘foreign motor vehicle product’ means port the determination to the Secretary. a motor vehicle or replacement equipment ‘‘(B) WRITTEN REPORT.— RECORD, as follows: that— ‘‘(i) IN GENERAL.—Not later than 5 days S. 3012 ‘‘(A) is manufactured in a foreign country after the end of the 48-hour period described Be it enacted by the Senate and House of Rep- for export to the United States; or in subparagraph (A), the manufacturer shall resentatives of the United States of America in ‘‘(B) is manufactured in a foreign country submit to the Secretary a written report Congress assembled, using a manufacturing process that is the that meets the requirements of clause (ii). SECTION 1. SHORT TITLE. same as, or similar to, a manufacturing proc- ‘‘(ii) CONTENTS OF WRITTEN REPORT.—A This Act may be cited as the ‘‘Transpor- ess used in the United States for a motor ve- written report under clause (i) shall con- tation Information Recall Enhancement hicle or replacement equipment. tain— Act’’. ‘‘(2) OTHER TERMS.—The terms ‘defect’, ‘‘(I) a description of the foreign motor ve- SEC. 2. FINDINGS AND PURPOSE. ‘manufacturer’, ‘motor vehicle’, and ‘re- hicle product that is the subject of the re- (a) FINDINGS.—Congress finds that— placement equipment’ have the meanings port; (1) in an interview with ABC News on Sep- given the terms in section 30102 of title 49. ‘‘(II) a description of— tember 3, 2000, Secretary of Transportation ‘‘(b) CRIMINAL PENALTY.—A manufacturer ‘‘(aa) the determination of the defect by Rodney Slater stated that he thinks there of a foreign motor vehicle product, or an of- the government of the foreign country or by should be a law requiring that the United ficer or employee of such a manufacturer, the manufacturer of a foreign motor vehicle States be immediately notified of a foreign that, in connection with a report required to product; and recall, ‘‘especially in the global economy be filed under section 30118(f) of title 49, will- ‘‘(bb) any measures that the government when you’ve got U.S. goods really being used fully— requires to be taken, or the manufacturer de- by individuals around the world. We should ‘‘(1) falsifies or conceals a material fact; termines should be taken, to obtain a rem- know when there’s a problem someplace ‘‘(2) makes a materially false, fictitious, or edy of the defect; else.’’; fraudulent statement or representation; or ‘‘(III) information concerning any serious (2) as of the date of enactment of this Act, ‘‘(3) makes or uses a false writing or docu- injuries or fatalities possibly resulting from there is no legal requirement for manufac- ment knowing that the writing or document the defect; and turers of motor vehicles and their compo- contains any materially false, fictitious, or ‘‘(IV) such other information as the Sec- nents to notify United States agencies of a fraudulent statement or entry; retary determines to be appropriate. recall issued in a foreign country; shall be fined under this title, imprisoned ‘‘(3) REPORTING OF POSSIBLE DEFECTS.— (3) between August 1999 and spring 2000, not more than 5 years, or both. Upon making a determination that there Ford Motor Company replaced Firestone ‘‘(c) CIVIL PENALTY.— have been a significant number of serious in- tires on 46,912 vehicles in Saudi Arabia, Thai- ‘‘(1) IN GENERAL.—In addition to any civil juries or fatalities in a foreign country that land, Malaysia, and South America; penalty that may be assessed under chapter could have resulted from a defect in a for- (4)(A) on May 2, 2000, the National Highway 301 of title 49, a manufacturer that violates eign motor vehicle product that could be re- Traffic Safety Administration opened a pre- section 30118(f) of title 49 shall be subject to lated to motor vehicle safety (as determined liminary evaluation into Firestone ATX, a civil penalty of not more than $500,000 for in accordance with regulations promulgated ATX II, and Wilderness AT tires after receiv- each day of the violation. by the Secretary), the manufacturer of the ing 90 complaints, primarily from consumers ‘‘(2) COMPROMISE OF PENALTY.—The Attor- foreign motor vehicle product shall report in the Southeast and Southwest, about tread ney General may compromise the amount of the determination to the Secretary in such separations or blowouts; a civil penalty imposed under paragraph (1). manner as the Secretary establishes by regu- (B) as of September 2000, the National ‘‘(3) DETERMINATION OF AMOUNT.—In deter- lation.’’. Highway Traffic Safety Administration has mining the amount of a civil penalty or com- SEC. 5. EFFECTIVE DATE. received over 1,400 complaints, including re- promise under this subsection, the Attorney This Act and the amendments made by ports of more than 250 injuries and 88 deaths; General shall consider— this Act take effect on the date that is 180 and ‘‘(A) the appropriateness of the penalty or days after the date of enactment of this Act. (C) some of the complaints date back to compromise in relation to the size of the the early 1990s, and 797 of the complaints re- business of the manufacturer liable for the SUMMARY port that a tire failure took place between penalty; and This Act will provide criminal pen- August 1, 1999, and August 9, 2000; and ‘‘(B) the gravity of the violation. alties for making false or misleading (5)(A) on August 9, 2000, Bridgestone/Fire- ‘‘(4) DEDUCTION OF AMOUNT OF PENALTY.— statements in notifications or reports stone announced a United States recall of The United States Government may deduct 6,500,000 ATX, ATX II, and Wilderness AT the amount of the civil penalty imposed or made to the U.S. Government regard- tires; and compromised under this section from any ing recalls or replacement actions re- (B) that date was 3 months after the Na- amount that the Government owes the man- garding motor vehicles and component tional Highway Traffic Safety Administra- ufacturer liable for the penalty.’’. parts. This criminal liability and the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8114 CONGRESSIONAL RECORD — SENATE September 6, 2000 requirements for providing notice is LEGISLATION TO HONOR NAVAL ARMED GUARD ADDITIONAL COSPONSORS VETERANS triggered when a foreign government S. 867 makes the manufacturer aware of the Mrs. MURRAY. Mr. President, I am At the request of Mr. ROTH, the name defect in motor vehicles or replace- introducing legislation today to proof the Senator from New Hampshire ment parts, even before it triggers re- vide a long overdue honor to a distin- (Mr. SMITH) was added as a cosponsor calls or replacement actions. guished group of American veterans. of S. 867, a bill to designate a portion of This Act will help ensure accurate, The United States Naval Armed Guard the Arctic National Wildlife Refuge as truthful information and timely notice made heroic contributions to our naval wilderness. regarding recalls or replacement ac- efforts in World War I and World War II S. 1215 tions concerning defective motor vehi- and the time has come for a grateful At the request of Mr. DODD, the name cles or replacement equipment such as nation to recognize these brave vet- of the Senator from South Dakota (Mr. tires in foreign countries are quickly erans. JOHNSON) was added as a cosponsor of reported to the United States Sec- The Armed Guard consisted of the of- S. 1215, a bill to amend title 38, United retary of Transportation where such ficers, gunners, radiomen, signalmen States Code, to authorize the Secretary vehicles are manufactured for export to and later medics and radarmen who of Veterans Affairs to furnish the United States or where the defec- were placed on cargo ships to protect headstones or markers for marked tive product or equipment is manufac- them from armed assault. graves of, or to otherwise commemo- tured in the United States in a manner rate, certain individuals. that is similar to its manufacture in The U.S. Navy Armed Guard was first S. 1608 the foreign country and thus may like- constituted during World War I and At the request of Mr. WYDEN, the wise be dangerous. armed gunners served on 384 ships. Dur- name of the Senator from California The notification must be provided to ing World War II, the U.S. Navy Armed (Mrs. FEINSTEIN) was added as a co- the Secretary within 48 hours of when Guard served on 6,236 merchant ships. sponsor of S. 1608, a bill to provide an- the foreign manufacturer learns or is 710 of these ships were sunk and many nual payments to the States and coun- notified of the defect by the foreign more were damaged in combat. The ties from National Forest System lands government. Within 5 days of that 48- Armed Guard has 144,970 men assigned managed by the Forest Service, and hour deadline, a more detailed, accu- to it before the war ended in 1945. 1,810 the revested Oregon and California rate and truthful report must be pro- men were killed during engagements Railroad and reconveyed Coos Bay vided to the Secretary of Transpor- with the enemy. Wagon Road grant lands managed pretation describing the basis for actions I am here today because the con- dominately by the Bureau of Land taken and providing information about tributions to victories in the two world Management, for use by the counties in serious injuries or fatalities related to wars of these fine patriots has never which the lands are situated for the the defect. been recognized by our Government or benefit of the public schools, roads, In addition, even if a defect is not the Navy. I believe the Congress should emergency and other public purposes; identified, the Secretary must be noti- act to honor these veterans whose rec- to encourage and provide new mecha- fied each time there is a significant in- ognition is both deserved and long nisms for cooperation between counties crease in deaths or serious injuries in a overdue. and the Forest Service and the Bureau of Land Management to make nec- foreign country related to vehicles or The wartime contributions of these essary investments in Federal lands, vehicle components manufactured in men were absolutely vital to the safe and reaffirm the positive connection foreign countries for export to the delivery of cargos that took the war to between Federal Lands counties and United States or related to vehicles or our enemies. Many times they stayed Federal Lands; and for other purposes. components manufactured in the in the fight even as the decks of their United States using similar manufac- ships were awash and sinking. What is S. 1732 At the request of Mr. BREAUX, the turing processes (as are used in the for- most notable is that other nations that name of the Senator from Louisiana eign country), as defined in regulations now are free because of the contrib- (Ms. LANDRIEU) was added as a cospon- of the Secretary. uting sacrifices of the U.S. Navy sor of S. 1732, a bill to amend the Inter- Armed Guards, have awarded special Failure to comply with these require- nal Revenue Code of 1986 to prohibit medals in recognition of the heroic ac- ments, and any related requirements certain allocations of S corporation tions of the members of the U.S. Navy set by the Secretary under the bill, stock held by an employee stock own- Armed Guard Special Force. shall result in a civil money penalty of ership plan. up to $500,000, per day. In addition, for Mr. President, It is high time we did S. 1814 manufacturers or employees of foreign the right thing and recognized these At the request of Mr. SMITH of Or- motor vehicle products (manufacturing fine fighting men for their service. This egon, the name of the Senator from vehicles for export to the United States legislation would honor these men in a Virginia (Mr. WARNER) was added as a or using manufacturing processes simi- very fitting way. It will recognized cosponsor of S. 1814, a bill to establish lar to that used in the United States) former members of the U.S. Armed a system of registries of temporary ag- who in reporting to the Secretary Guard Special Force with a special ricultural workers to provide for a suf- knowingly or willfully: falsifies, con- medal that honors them as American ficient supply of such workers and to ceals, or covers up a material fact; heroes. It will recognize the military amend the Immigration and Nation- makes a materially false, fictitious, or character of their service by awarding ality Act to streamline procedures for fraudulent statement or representa- each of them at least one of the three the admission and extension of stay of tion; or makes a false writing or docu- World War II campaign medals for nonimmigrant agricultural workers, ment, shall be imprisoned for up to 5 service in the American, Asiatic-Pa- and for other purposes. years and shall be subject to criminal cific, and Europe-Africa-Middle East S. 1915 fines of up to $500,000 for corporations, theaters of war. Let’s do the right At the request of Mr. JEFFORDS, the or $250,000 for individuals. thing for this unrecognized group of name of the Senator from New Jersey This Act shall be effective beginning American veterans who sacrificed so (Mr. LAUTENBERG) was added as a co- six months after enactment. much for their country. For more than sponsor of S. 1915, a bill to enhance the fifty years, members of the Naval services provided by the Environ- By Mrs. MURRAY: Armed Guard have shared their war- mental Protection Agency to small S.J Res. 51. A joint resolution au- time stories of sacrifice and commit- communities that are attempting to thorizing special awards to veterans of ment with one another. Now is the comply with national, State, and local service as United States Navy Armed time for all Americans to acknowledge environmental regulations. their service in a heart felt way. Guards during World War I or World S. 1938 War II; to the Committee on Armed I urge prompt Senate consideration At the request of Mr. CRAIG, the Services. and passage of this legislation. name of the Senator from Minnesota

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8115 (Mr. GRAMS) was added as a cosponsor (Mr. LEAHY), the Senator from New S. 2858 of S. 1938, a bill to provide for the re- Jersey (Mr. TORRICELLI), the Senator At the request of Mr. GRAMS, the turn of fair and reasonable fees to the from North Dakota (Mr. CONRAD), and name of the Senator from Maine (Ms. Federal Government for the use and oc- the Senator from North Dakota (Mr. COLLINS) was added as a cosponsor of S. cupancy of National Forest System DORGAN) were added as cosponsors of S. 2858, a bill to amend title XVIII of the land under the recreation residence 2703, a bill to amend the provisions of Social Security Act to ensure adequate program, and for other purposes. title 39, United States Code, relating to payment rates for ambulance services, S. 1974 the manner in which pay policies and to apply a prudent layperson standard At the request of Mr. SCHUMER, the schedules and fringe benefit programs to the determination of medical neces- names of the Senator from Louisiana for postmasters are established. sity for emergency ambulance services, (Ms. LANDRIEU) and the Senator from S. 2726 and to recognize the additional costs of Georgia (Mr. MILLER) were added as co- At the request of Mr. HELMS, the providing ambulance services in rural sponsors of S. 1974, a bill to amend the name of the Senator from Alaska (Mr. areas. Internal Revenue Code of 1986 to make MURKOWSKI) was added as a cosponsor S. 2868 higher education more affordable by of S. 2726, a bill to protect United At the request of Mr. FRIST, the providing a full tax deduction for high- States military personnel and other names of the Senator from North Caro- er education expenses and a tax credit lina (Mr. HELMS), the Senator from for student education loans. elected and appointed officials of the United States Government against North Dakota (Mr. CONRAD), the Sen- S. 2018 criminal prosecution by an inter- ator from North Dakota (Mr. DORGAN), At the request of Mrs. HUTCHISON, the national criminal court to which the and the Senator from Hawaii (Mr. name of the Senator from Louisiana United States is not a party. INOUYE) were added as cosponsors of S. (Ms. LANDRIEU) was added as a cospon- 2868, a bill to amend the Public Health sor of S. 2018, a bill to amend title S. 2729 Service Act with respect to children’s XVIII of the Social Security Act to re- At the request of Mr. SMITH of Or- health. vise the update factor used in making egon, the name of the Senator from payments to PPS hospitals under the Kansas (Mr. BROWNBACK) was added as S. 2879 medicare program. a cosponsor of S. 2729, supra. At the request of Ms. COLLINS, the S. 2096 At the request of Mr. CONRAD, the name of the Senator from Delaware At the request of Mr. BAYH, the name name of the Senator from North Da- (Mr. ROTH) was added as a cosponsor of of the Senator from Maryland (Ms. MI- kota (Mr. DORGAN) was added as a co- S. 2879, a bill to amend the Public KULSKI) was added as a cosponsor of S. sponsor of S. 2729, a bill to amend the Health Service Act to establish pro- 2096, a bill to amend the Internal Rev- Internal Revenue Code of 1986 and the grams and activities to address diabe- enue Code of 1986 to provide an income Surface Mining Control and Reclama- tes in children and youth, and for other tax credit to long-term caregivers. tion Act of 1977 to restore stability and purposes. S. 2308 equity to the financing of the United S. 2937 At the request of Mr. MOYNIHAN, the Mine Workers of America Combines At the request of Mr. DOMENICI, the name of the Senator from Louisiana Benefit Fund by eliminating the liabil- names of the Senator from Ohio (Mr. (Ms. LANDRIEU) was added as a cospon- ity of reachback operations, to provide VOINOVICH) and the Senator from Ala- sor of S. 2308, a bill to amend title XIX additional sources of revenue to the bama (Mr. SESSIONS) were added as co- of the Social Security Act to assure Fund, and for other purposes. sponsors of S. 2937, a bill to amend title preservation of safety net hospitals S. 2733 XVIII of the Social Security Act to im- through maintenance of the Medicaid At the request of Mr. SANTORUM, the prove access to Medicare+Choice plans disproportionate share hospital pro- name of the Senator from Utah (Mr. through an increase in the annual gram. BENNETT) was added as a cosponsor of Medicare+Choice capitation rates and S. 2438 S. 2733, a bill to provide for the preser- for other purposes. At the request of Mr. MCCAIN, the vation of assisted housing for low in- S. 2967 name of the Senator from New Mexico come elderly persons, disabled persons, At the request of Mr. MURKOWSKI, the (Mr. BINGAMAN) was added as a cospon- and other families. name of the Senator from Nebraska sor of S. 2438, a bill to provide for en- S. 2735 (Mr. HAGEL) was added as a cosponsor hanced safety, public awareness, and At the request of Mr. CONRAD, the of S. 2967, a bill to amend the Internal environmental protection in pipeline name of the Senator from Maine (Ms. Revenue Code of 1986 to facilitate com- transportation, and for other purposes. COLLINS) was added as a cosponsor of S. petition in the electric power industry. S. 2639 2735, a bill to promote access to health S. 2978 At the request of Mr. DOMENICI, the care services in rural areas. At the request of Mr. DASCHLE, the name of the Senator from Maine (Ms. S. 2787 names of the Senator from Vermont SNOWE) was added as a cosponsor of S. (Mr. LEAHY) and the Senator from Con- 2639, a bill to amend the Public Health At the request of Mr. BIDEN, the necticut (Mr. LIEBERMAN) were added Service Act to provide programs for name of the Senator from Alaska (Mr. as cosponsors of S. 2978, a bill to re- the treatment of mental illness. STEVENS) was added as a cosponsor of cruit and retain more qualified individ- S. 2643 S. 2787, a bill to reauthorize the Fed- uals to teach in Tribal Colleges or Uni- At the request of Mrs. MURRAY, her eral programs to prevent violence versities. name was added as a cosponsor of S. against women, and for other purposes. 2643, a bill to amend the Foreign As- At the request of Mr. HATCH, the S. 2997 sistance Act of 1961 to provide in- name of the Senator from Indiana (Mr. At the request of Mr. KENNEDY, his creased foreign assistance for tuber- LUGAR) was added as a cosponsor of S. name was added as a cosponsor of S. culosis prevention, treatment, and con- 2787, supra. 2997, a bill to establish a National trol. S. 2807 Housing Trust Fund in the Treasury of S. 2686 At the request of Mr. FRIST, the the United States to provide for the de- At the request of Mr. COCHRAN, the names of the Senator from Kentucky velopment of decent, safe, and afford- name of the Senator from Michigan (Mr. BUNNING) and the Senator from able housing for low-income families. (Mr. LEVIN) was added as a cosponsor of Kansas (Mr. BROWNBACK) were added as S. CON. RES. 127 S. 2686, a bill to amend chapter 36 of cosponsors of S. 2807, a bill to amend At the request of Mr. FITZGERALD, title 39, United States Code, to modify the Social Security Act to establish a the name of the Senator from New rates relating to reduced rate mail Medicare Prescription Drug and Sup- Hampshire (Mr. SMITH) was added as a matter, and for other purposes. plemental Benefit Program and to sta- cosponsor of S. Con. Res. 127, a concur- S. 2703 bilize and improve the rent resolution expressing the sense of At the request of Mr. AKAKA, the Medicare+Choice program, and for the Congress that the Parthenon Mar- names of the Senator from Vermont other purposes. bles should be returned to Greece.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8116 CONGRESSIONAL RECORD — SENATE September 6, 2000 S. RES. 332 learned from the Galveston tragedy, should SCHUMER (AND MOYNIHAN) At the request of Mr. KENNEDY, the never cease to improve hurricane forecasting AMENDMENT NO. 4038 names of the Senator from Michigan and make life safer and more secure along our coasts: Now, therefore, be it (Ordered to lie on the table.) (Mr. ABRAHAM) and the Senator from Resolved by the Senate (the House of Rep- Mr. SCHUMER (for himself and Mr. ERRY Massachusetts (Mr. K ) were added resentatives concurring), That— MOYNIHAN) submitted an amendment as cosponsors of S.Res. 332, a resolution (1) September 8, 2000 is designated as Gal- intended to be proposed by them to the expressing the sense of the Senate with veston Hurricane National Remembrance bill, H.R. 4733, supra; as follows: respect to the peace process in North- Day; and On page 68, line 15, strike ‘‘expended:’’ and (2) the President is authorized and re- ern Ireland. insert ‘‘expended, of which $3,000,000 shall be quested to issue a proclamation in memory S. RES. 343 available for facilities utilization at the Na- of the thousands of Galvestonians and other At the request of Mr. FITZGERALD, tional Synchrotron Light Source at Americans who lost their lives in the dev- Brookhaven National Laboratory:’’. the names of the Senator from Mis- astating hurricane of 1900 and the survivors sissippi (Mr. LOTT), the Senator from who rebuilt Galveston. Maryland (Ms. MIKULSKI), the Senator COCHRAN AMENDMENT NO. 4039 f from Arkansas (Mr. HUTCHINSON), the (Ordered to lie on the table.) Senator from New Mexico (Mr. BINGA- SENATE RESOLUTION 348—TO EX- Mr. COCHRAN submitted an amend- MAN), and the Senator from Minnesota PRESS THE SENSE OF THE SEN- ment intended to be proposed him to (Mr. GRAMS) were added as cosponsors ATE THAT THE SECRETARY OF the bill, H.R. 4733, supra; as follows: of S.Res. 343, a resolution expressing THE TREASURY, ACTING the sense of the Senate that the Inter- On page 67, line 4, strike ‘‘Fund:’’ and in- THROUGH THE UNITED STATES sert ‘‘Fund, of which an appropriate amount national Red Cross and Red Crescent CUSTOMS SERVICE, SHOULD shall be available for innovative projects in Movement should recognize and admit CONDUCT INVESTIGATIONS INTO, small rural communities in the Mississippi to full membership Israel’s Magen AND TAKE SUCH OTHER ACTIONS Delta, such as Morgan City, Mississippi, to David Adom Society with its emblem, AS ARE NECESSARY TO PRE- demonstrate advanced alternative energy the Red Shield of David. VENT, THE UNREPORTED IMPOR- technologies, concerning which projects the AMENDMENT NO. 4033 TATION OF GINSENG PRODUCTS Secretary of Energy shall submit to Con- INTO THE UNITED STATES FROM gress a report not later than March 31, At the request of Ms. COLLINS, the 2001:’’. name of the Senator from Michigan FOREIGN COUNTRIES (Mr. ABRAHAM) was added as a cospon- Mr. FEINGOLD submitted the fol- COCHRAN AMENDMENT NO. 4040 sor of Amendment No. 4033 proposed to lowing resolution; which was referred H.R. 4733, a bill making appropriations to the Committee on Finance: (Ordered to lie on the table.) for energy and water development for Mr. COCHRAN submitted an amend- S. RES. 348 the fiscal year ending September 30, ment intended to be proposed him to SECTION 1. UNREPORTED IMPORTATION OF GIN- 2001, and for other purposes. SENG PRODUCTS. the bill, H.R. 4733, supra; as follows: f It is the sense of the Senate that the Sec- On page 90, between lines 6 and 7, insert the following: SENATE CONCURRENT RESOLU- retary of the Treasury, acting through the United States Customs Service, should, to SEC. 320. (a) FINDING.—Congress finds that TION 134—DESIGNATING SEP- the maximum extent practicable, conduct the Department of Energy is seeking innova- TEMBER 8, 2000, AS GALVESTON investigations into, and take such other active technologies for the demilitarization of HURRICANE NATIONAL REMEM- tions as are necessary to prevent, the impor- weapons components and the treatment of BRANCE DAY tation of ginseng products into the United mixed waste resulting from the demilitarization of such components. Mrs. HUTCHISON (for herself and States from foreign countries, including Canada and Asian countries, unless the im- (b) EVALUATION OF ADAMS PROCESS.—The Mr. GRAMM) submitted the following portation is reported to the Service, as re- Secretary of Energy shall conduct an evalua- concurrent resolution; which was con- quired under Federal law. tion of the so-called ‘‘Adams process’’ cur- sidered and agreed to: rently being tested by the Department of En- f S. CON. RES. 134 ergy at its Diagnostic Instrumentation and Analysis Laboratory using funds of the De- Whereas September 8, 2000 marks the 100th AMENDMENTS SUBMITTED partment of Defense. anniversary of the hurricane that struck (c) REPORT.—Not later than September 30, Galveston, Texas on September 8, 1900, the 2001, the Secretary of Energy shall submit to deadliest natural disaster in United States ENERGY AND WATER DEVELOP- Congress a report on the evaluation con- history; MENT APPROPRIATIONS ACT, ducted under subsection (b). Whereas an estimated 6,000 people died in a 2001 few hours in this thriving port of 37,000, dubbed the ‘‘Wall Street of the West’’ at the GRAMS AMENDMENT NO. 4041 dawn of the 20th century; (Ordered to lie on the table.) Whereas vast waves, surging flood waters, LOTT AMENDMENTS NOS. 4036–4037 and powerful winds of more than 120 miles an Mr. GRAMS submitted an amend- (Ordered to lie on the table.) ment intended to be proposed by him hour overtook the town, in an era without Mr. LOTT submitted two amend- radar, satellites, or modern radio, making to the bill, H.R. 4733, supra; as follows: ments intended to be proposed by him off-shore hurricanes difficult to track; On page 90, between lines 6 and 7, insert Whereas the residents of Galveston island to the bill (H.R. 4733) making appro- the following: priations for energy and water develop- showed much courage and sacrifice during SEC. 3ll. REPORT ON IMPACTS OF A STATE-IM- the tempest, exemplified by 10 nuns who lost ment for the fiscal year ending Sep- POSED LIMIT ON THE QUANTITY OF their lives along with the 90 children they tember 30, 2001, and for other purposes; SPENT NUCLEAR FUEL THAT MAY BE were trying to save at St. Mary’s Orphanage as follows: STORED ONSITE. on the beach; (a) SECRETARY OF ENERGY.—Not later than AMENDMENT NO. 4036 Whereas Galveston never lost her resilient 90 days after the date of enactment of this spirit, built a sturdy 17-foot sea wall that At the appropriate place in the bill, insert Act, the Secretary of Energy shall submit to staved off other fierce hurricanes, pumped in the following: Congress a report containing a description of millions of tons of sand from the Gulf of SEC. . Of the funds to be appropriated by all alternatives that are available to the Mexico in order to raise the level of the city section , $10,400,000 is available for the Northern States Power Company and the and its buildings to a safer height, and be- Pascagoula Harbor for operation and mainte- Federal Government to allow the Company came a beautiful and prosperous town yet nance. to continue to operate the Prairie Island Nu- again; clear Generating Plant until the end of the Whereas the city of Galveston is this year AMENDMENT NO. 4037 term of the license issued to the Company by holding a ceremony commemorating the At the appropriate place in the bill, insert the Nuclear Regulatory Commission, in view hurricane, launching educational efforts, and the following: of a law of the State of Minnesota that lim- celebrating the rebirth of Galveston after SEC. . Of the funds to be appropriated by its the quantity of spent nuclear fuel that the storm; and section , $20,000,000 is available for the Gulf- may be stored at the Plant, assuming that Whereas our Nation, which benefits from port Harbor for authorized channel width existing Federal and State laws remain un- modern weather technology and the lessons dredging in the North Channel. changed.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8117 (b) COMPTROLLER GENERAL.—Not later than Mr. MURKOWSKI submitted an $139,219,000, to remain available until ex- 180 days after the date of enactment of this amendment intended to be proposed by pended, of which $1,500,000 shall be made Act, the Comptroller General of the United him to the bill, H.R. 4733, supra; as fol- available to carry out activities under the States shall submit to Congress a report on lows: John Glenn Great Lakes Basin Program es- the potential economic and environmental tablished under section 455 of the Water Re- impacts to ratepayers in the States of Min- On page 67, line 9, after ‘‘activities’’ insert sources Development Act of 1999 (42 U.S.C. the following: ‘‘, and Provided Further, That, nesota, North Dakota, and Wisconsin if the 1962d–21). of the amounts made available for energy Prairie Island Nuclear Generating Plant supply $1,000,000 shall be available for the Of- were to cease operation as a result of having fice of Arctic Energy’’. LEVIN (AND OTHERS) reached the limit established by the State AMENDMENTS NOS. 4050 law referred to in subsection (a), including impacts attributable to the costs of new gen- GRASSLEY (AND OTHERS) (Ordered to lie on the table.) eration, decommissioning costs, and the AMENDMENT NO. 4047 Mr. LEVIN (for himself, Mr. LAUTEN- costs of continued onsite storage of spent nu- (Ordered to lie on the table.) BERG, and Mrs. HUTCHISON) submitted clear fuel until such time as the Secretary of Mr. GRASSLEY (for himself, Mr. an amendment intended to be proposed Energy opens a repository for such fuel. GRAMS, and Mr. VOINOVICH) submitted by them to the bill, H.R. 4733, supra; as an amendment intended to be proposed follows: BREAUX AMENDMENT NO. 4042 by them to the bill, H.R. 4733, supra; as On page 47, strike line 18 and insert the fol- (Ordered to lie on the table.) follows: lowing: Mr. BREAUX submitted an amend- On page 90, between lines 6 and 7, insert $139,219,000, to remain available until ex- ment intended to be proposed by him the following: pended, of which not less than $2,000,000 shall to the bill, H.R. 4733, supra; as follows: SEC. 3ll. REPORT ON NATIONAL ENERGY POL- be used for the national shoreline erosion ICY. Insert the following at the end of line 18, control development and demonstration pro- (a) FINDINGS.—Congress finds that— gram authorized under section 5 of the Act of page 47 before the period: ‘‘:Provided further, (1) since July 1999— August 13, 1946 (33 U.S.C. 426h), including for That the Secretary of the Army, acting (A) diesel prices have increased nearly 40 projects on Lake Michigan in Allegan Coun- through the Chief of Engineers, is directed to percent; ty, Michigan, on Cape May Point in southern use $200,000, of funds appropriated herein for (B) liquid petroleum prices have increased New Jersey, and on High Island in Galveston, Research and Development, for a topo- approximately 55 percent; and Texas. graphic/bathymetric mapping project for (C) gasoline prices have increased approxi- Coastal Louisiana in cooperation with the mately 50 percent; National Oceanic and Atmospheric Adminis- (2)(A) natural gas is the heating fuel for LEVIN AMENDMENT NO. 4051 tration at the interagency federal laboratory most homes and commercial buildings; and (Ordered to lie on the table.) in Lafayette, Louisiana.’’ (B) the price of natural gas increased 7.8 percent during June 2000 and has doubled Mr. LEVIN submitted an amendment GRAHAM AMENDMENT NO. 4043 since 1999; intended to be proposed by him to the (3) strong demand for gasoline and diesel bill, H.R. 4733, supra; as follows: (Ordered to lie on the table.) fuel has resulted in inventories of home Mr. GRAHAM submitted an amend- On page 47, strike line 18 and insert the fol- heating oil that are down 39 percent from a lowing: ment intended to be proposed by him year ago; to the bill, H.R. 4733, supra; as follows: $139,219,000, to remain available until ex- (4) rising oil and natural gas prices are a pended, of which $250,000 shall be made avail- significant factor in the 0.6 percent increase On page 53, line 14, before the period, insert able to develop the Detroit River Masterplan in the Consumer Price Index for June 2000 the following: ‘‘: Provided further, That under section 568 of the Water Resources De- and the 3.7 percent increase over the past 12 $1,700,000 shall be used to implement environ- velopment Act of 1999 (113 Stat. 368). mental restoration requirements as specified months; under the certification issued by the State of (5) demand for diesel fuel, liquid petro- Florida under section 401 of the Federal leum, and gasoline has continued to increase BINGAMAN AMENDMENTS NOS. Water Pollution Control Act (33 U.S.C. 1341), while supplies have decreased; 4052–4053 (6) the current energy crisis facing the dated October 1999 (permit number 0129424– (Ordered to lie on the table.) 001–DF)’’. United States has had and will continue to have a detrimental impact on the economy; Mr. BINGAMAN submitted two (7) the price of energy greatly affects the amendments intended to be proposed BREAUX AMENDMENT NO. 4044 input costs of farmers, truckers, and small by him to the bill, H.R. 4733, supra; as (Ordered to lie on the table.) businesses; and follows: (8) on July 21, 2000, in testimony before the Mr. BREAUX submitted an amend- AMENDMENT NO. 4052 Committee on Agriculture, Nutrition, and ment intended to be proposed by him On page 83, before line 20, add the following to the bill, H.R. 4733, supra; as follows: Forestry of the Senate, the Secretary of En- ergy stated that the Administration had de- new subsection: At the appropriate place, insert the fol- veloped and was in the process of finalizing a ‘‘(c) The limitation in subsection (a) shall lowing: plan to address potential home heating oil not apply to travel by Department of Energy SECTION 1. FUNDING OF THE COASTAL WET- and natural gas shortages. management and operating contractor em- LANDS PLANNING, PROTECTION (b) REPORT.—Not later than September 30, ployees who are scientists or engineers when AND RESTORATION ACT. 2000, the Secretary of Energy shall submit to such travel is for the purpose of— Section 4(a) of the Act of August 9, 1950 (16 Congress a report detailing the Department ‘‘(1) performing research or development U.S.C. 777c(a)), is amended in the second sen- of Energy’s plan to address the high cost of activities; or tence by striking ‘‘2000’’ and inserting home heating oil and natural gas. ‘‘(2) presenting research or development re- ‘‘2009’’. sults to other scientists or engineers.’’. LEVIN AMENDMENTS NOS. 4048–4049 SCHUMER (AND OTHERS) AMENDMENT NO. 4053 (Ordered to lie on the table.) On page 83, strike line 20 and all that fol- AMENDMENT NO. 4045 Mr. LEVIN submitted two amend- (Ordered to lie on the table.) lows down to the end of page 84, line 23 and ments intended to be proposed by him insert the following: Mr. SCHUMER (for himself, Mr. to the bill, H.R. 4733, supra; as follows: ‘‘SEC. 309. (a) None of the funds for the Na- TORRICELLI, and Mr. MOYNIHAN) sub- AMENDMENT NO. 4048 tional Nuclear Security Administration in mitted an amendment intended to be On page 47, line 18, before the period, insert this Act or any future Energy and Water De- proposed by them to the bill, H.R. 4733, the following: velopment Appropriations Act may be ex- supra; as follows: ‘‘, of which $75,000 of funds made available to pended after December 31 of each year under On page 48, strike line 19 and insert the fol- provide planning assistance to States under a covered contract unless the funds are ex- lowing: section 22 of the Water Resources Develop- pended in accordance with a Laboratory ‘‘Jackson County, Mississippi, $2,000,000; ment Act of 1974 (42 U.S.C. 1962d–16) shall be Funding Plan for Nuclear Security that has ‘‘Arthur Kill Channel, New York, $5,000,000; used to conduct a comprehensive water man- been approved by the Administrator of the ‘‘Kill Van Kull Channel, New York, agement study for Houghton Lake, Michi- National Nuclear Security Administration as $53,000,000; and’’. gan’’. part of the overall Laboratory Funding Plan required by section 310(a) of Public Law 106– AMENDMENT NO. 4049 MURKOWSKI AMENDMENT NO. 4046 60. At the beginning of each fiscal year, the On page 47, strike line 18 and insert the fol- Administrator shall issue directions to lab- (Ordered to lie on the table.) lowing: oratories under a covered contract for the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8118 CONGRESSIONAL RECORD — SENATE September 6, 2000 programs, projects, and activities of the Na- sessing the Federal interest in participating the State of Nevada. The demonstration is tional Nuclear Security Administration to in the restoration of this shorefront. subject to a private sector industry cost- be conducted at such laboratories in that fis- share of not less than equal amount, and a cal year. The Administrator and the labora- REID AMENDMENTS NOS. 4057–4060 portion of these funds may also be used to tories under a covered contract shall devise acquire a prototype hydrogen fueling appli- a Laboratory Funding Plan for Nuclear Se- (Ordered to lie on the table.) ance to provide on-site hydrogen in the dem- curity that identifies the resources needed to Mr. REID submitted four amend- onstration.’’ carry out these programs, projects, and ac- ments intended to be proposed by him tivities. Funds shall be released to the Lab- to the bill, H.R. 4733, supra; as follows: AMENDMENT NO. 4063 oratories only after the Secretary has ap- AMENDMENT NO. 4057 On page 67, line 4, after the word ‘‘Fund:’’ proved the overall Laboratory Funding Plan insert the following: ‘‘Provided,’’ That, Insert at the end of line 5, page 67 of the containing the Laboratory Funding Plan for $5,000,000 shall be made available to support bill ‘‘; Provided, further, That $1,000,000 is pro- Nuclear Security. The Secretary shall con- a project to demonstrate a commercial facil- vided to initiate planning of a one MW dish sult with the Administrator on the overall ity employing thermo-depolymerization engine field validation power project at Laboratory Funding Plans for Los Alamos technology at a site adjacent to the Nevada UNLV in Nevada’’. National Laboratory, Lawrence Livermore Test Site. The project shall proceed on a National Laboratory, and Sandia National cost-share basis where Federal funding shall AMENDMENT NO. 4058 Laboratories prior to approving them. The be matched in at least an equal amount with Administrator may provide exceptions to re- Insert at the end of line 22, page 61, ‘‘; Pro- non-federal funding.’’ quirements pertaining to a Laboratory vided Further, That, beginning in fiscal year Funding Plan for Nuclear Security as the 2000 and thereafter, any amounts provided AMENDMENT NO. 4064 Administrator considers appropriate. for the Newlands Water Rights Fund for pur- On line 15, page 68, after the word ‘‘ex- ‘‘(b) For purposes of this section, ‘covered chasing and retiring water rights in the pended:’’ Insert the following: ‘‘Provided, contract’ means a contract for the manage- Newlands Reclamation Project shall be non- that $2,000,000 shall be made available to the ment and operation of the following labora- reimbursable.’’ University Medical Center of Southern Ne- tories: Argonne National Laboratory, vada for acquisition of a linear accelerator.’’ Brookhaven National Laboratory, Idaho Na- AMENDMENT NO. 4059 tional Engineering and Environmental Lab- On line 4, page 67, after the word ‘‘Fund:’’ CONRAD (AND DORGAN) oratory, Lawrence Berkeley National Lab- Insert the following: ‘‘Provided, That oratory, Lawrence Livermore National Lab- $3,000,000 shall be made available for tech- AMENDMENTS NOS. 4065–4066 oratory, Los Alamos National Laboratory, nology development and demonstration pro- (Ordered to lie on the table.) Oak Ridge National Laboratory, Pacific gram in Combined Cooling, Heating and Mr. CONRAD (for himself and Mr. Northwest National Laboratory, and Sandia Power Technology Development for Thermal National Laboratories.’’ DORGAN) submitted two amendments Load Management, District Energy Systems, intended to be proposed by them to the and Distributed Generation, based upon nat- bill, H.R. 4733, supra; as follows: STEVENS (AND MURKOWSKI) ural gas, hydrogen, and renewable energy AMENDMENT NO. 4054 technologies. Further, the program is to be AMENDMENT NO. 4065 carried out by the Oak Ridge National Lab- On page 55, between lines 18 and 19, insert (Ordered to lie on the table.) oratory through its Building Equipment the following: Mr. STEVENS (for himself and Mr. Technology Program.’’ FLOOD CONTROL AND COASTAL EMERGENCIES MURKOWSKI) submitted an amendment The Secretary of the Army shall, notwith- AMENDMENT NO. 4060 intended to be proposed by them to the standing any other provision of law, use up bill, H.R. 4733, supra; as follows: On page 90, between lines 6 and 7, insert to $32,000,000 of funds previously appro- At the appropriate place in the bill, insert the following: priated under this head to design and con- the following new section: SEC. 3. . LIMITATION ON USE OF FUNDS TO PRO- struct levees at Devils Lake, North Dakota, ‘‘SEC. . Within available funds under Title MOTE OR ADVERTISE PUBLIC to protect areas currently protected only by I, the Secretary of the Army, acting through TOURS. roads acting as levees. the Chief of Engineers, shall provide up to (a) IN GENERAL.—Notwithstanding any $7,000,000 to replace and upgrade the dam in other provision of law, no funds made avail- AMENDMENT NO. 4066 Kake, Alaska which collapsed July, 2000 to able under this title shall be used to promote or advertise any public tour of a facility or On page 55, between lines 18 and 19, insert provide drinking water and the following: hydroelectricity.’’ project of the Department of Energy. (b) APPLICABILITY.—Subsection (a) does not FLOOD CONTROL AND COASTAL EMERGENCIES apply to a public notice that is required by For expenses necessary for emergency INOUYE AMENDMENTS NOS. 4055– statute or regulation. flood control, as authorized by section 5 of 4056 the Act of August 18, 1941 (33 U.S.C. 701n), (Ordered to lie on the table.) REID (AND OTHERS) AMENDMENT $32,000,000 to remain available until ex- Mr. INOUYE submitted two amend- NO. 4061 pended: Provided, That the Secretary of the Army shall, notwithstanding any other pro- ments intended to be proposed by him (Ordered to lie on the table.) vision of law, use the funds provided to de- to the bill, H.R. 4733, supra; as follows: Mr. REID (for himself Mr. JEFFORDS, sign and construct levees around the lake of AMENDMENT NO. 4055 and Mr. LEAHY) submitted an amend- Devils Lake, North Dakota, to protect areas Insert the following after line 13, page 58: ment intended to be proposed by them currently protected only by roads acting as SEC. 104. In conducting the Kihei Area Ero- to the bill, H.R. 4733, supra; as follows: levees: Provided further, That the entire sion, HI, Reconnaissance Study the report amount shall be available only to the extent On page 67, line 4, after the word ‘‘Fund:’’ should include the extent and causes of the that the President submits to Congress an insert the following: ‘‘Provided,’’ That, of the erosion along the Kihei shorefront. Further, official budget request for specific dollar amount available for wind energy systems, an assessment of both the regional and na- amount that includes designation of the en- not less than $5,000,000 shall be made avail- tional recreational and environmental bene- tire amount of the request as an emergency able for small wind, including not less than fits from restoring this segment of the Kihei requirement for the purposes of the Balanced $2,000,000 for the small wind turbine develop- shoreline should be used to determine wheth- Budget and Emergency Deficit Control Act ment project.’’ er a federal interest exists in renourishing of 1985 (2 U.S.C. 900 et seq.): Provided further, this shoreline. That the entire amount is designated by REID AMENDMENTS NOS. 4062–4064 Congress as an emergency requirement under AMENDMENT NO. 4056 section 251(b)(2)(A) of the Balanced Budget (Ordered to lie on the table.) and Emergency Deficit Control Act of 1985 (2 Insert the following after line 13, page 58: Mr. REID submitted three amend- U.S.C. 901(b)(2)(A)). SEC. 105. The Waikiki Erosion Control, HI, ments intended to be proposed by him Reconnaissance Study should include any to the bill, H.R. 4733, supra; as follows: environmental resources that have been, or BUNNING AMENDMENT NO. 4067 AMENDMENT NO. 4062 may be, threatened by the erosion of this (Ordered to lie on the table.) shoreline. Further, the study shall include On page 67, line 4, after the word ‘‘Fund:’’ Mr. BUNNING submitted an amend- an estimate of the total recreational and insert the following: ‘‘Provided,’’ That, other economic benefits accruing to the pub- $4,000,000 shall be made available for the ment intended to be proposed by him lic derived from restoring this segment of demonstration of an underground mining lo- to the bill, H.R. 4733, supra; as follows: shoreline, in addition to any other estimated comotive and an earth loader powered by hy- On page 97, between lines 12 and 13, insert benefits the Corps deems appropriate in as- drogen at existing mining facilities within the following:

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8119 SEC. 7 . SALE OF MINERAL RIGHTS BY THE TEN- $1,000,000 shall be made available for the Mr. ROTH (for himself and Mr. NESSEE VALLEY AUTHORITY. Kotzebue wind project.’’ BIDEN) submitted an amendment in- The Tennessee Valley Authority shall not tended to be proposed by them to the proceed with the proposed sale of approxi- AMENDMENT NO. 4073 bill, H.R. 4733, supra; as follows: mately 40,000 acres of mineral rights in land On page 67, line 4 after the word ‘‘Fund:’’ within the Daniel Boone National Forest, insert the following: ‘‘Provided, That, On page 53, line 8, before the colon, insert Kentucky, until after the Tennessee Valley $2,000,000 shall be made available for the de- the following: ‘‘; and of which $50,000 shall be Authority completes an environmental im- sign and construction of a demonstration fa- used to carry out the feasibility study de- pact statement under the National Environ- cility for regional biomass ethanol manufac- scribed in section 1ll’’. mental Policy Act of 1969 (42 U.S.C. 4321 et turing in Southeast Alaska.’’ On page 58, between lines 13 and 14, insert seq.). the following: ABRAHAM AMENDMENT NO. 4074 SEC. 1ll. DELAWARE RIVER TO CHESAPEAKE STEVENS (AND MURKOWSKI) BAY, DELAWARE AND MARYLAND. AMENDMENT NO. 4068 (Ordered to lie on the table.) (a) IN GENERAL.—The Secretary of the Mr. DOMENICI (for Mr. ABRAHAM) Army, in cooperation with the Department (Ordered to lie on the table.) submitted an amendment intended to of Transportation of the State of Delaware, Mr. STEVENS (for himself and Mr. be proposed by him to the bill (H.R. shall conduct a study to determine the feasi- MURKOWSKI) submitted an amendment 4733) supra; as follows: bility of providing additional crossing capac- intended to be proposed by them to the On page 67, line 4, after the word ‘‘Fund:’’ ity across the Chesapeake and Delaware bill, H.R. 4733, supra; as follows: insert the following: ‘‘Provided, That, $500,000 Canal. EQUIRED ELEMENTS.—In carrying out On page 47, line 18 after the phrase ‘‘to re- shall be made available for the bioreactor (b) R subsection (a), the Secretary shall— main available until expended’’ insert the landfill project to be administered by the (1) analyze the need for providing addi- following: ‘‘Provided, that $50,000 provided Environmental Education and Research tional crossing capacity; herein shall be for erosion control studies in Foundation and Michigan State University.’’ Harding Lake watershed in Alaska.’’ (2) analyze the timing, and establish a timeframe, for satisfying any need for addi- COCHRAN AMENDMENT NO. 4075 tional crossing capacity determined under DOMENICI AMENDMENTS NOS. 4069– (Ordered to lie on the table.) paragraph (1); 4071 Mr. DOMENICI (for Mr. COCHRAN) (3) analyze the feasibility, taking into ac- (Ordered to lie on the table.) submitted an amendment intended to count the rate of development around the Mr. DOMENICI submitted three be proposed by him to the bill (H.R. canal, of developing 1 or more crossing corridors to satisfy, within the timeframe es- amendments intended to be proposed 4733) supra; as follows: by him to the bill (H.R. 4733) supra, as tablished under paragraph (2), the need for On page 52, line 10, strike ‘‘$324,450,000’’, additional crossing capacity with minimal follows: and insert: ‘‘$334,450,000’’. environmental impact; AMENDMENT NO. 4069 On page 52, line 10, strike ‘‘expended’’, and (4) analyze the feasibility of maintaining At the appropriate place in the bill pro- insert: ‘‘expended, of which $14,809,000 is for the bridge across the canal in the Route 13 viding funding for Defense Nuclear Non- construction of the Yazoo Basin, Demonstra- corridor as compared with the feasibility of proliferation, insert the following: ‘‘Provided tion Erosion Control, Mississippi, and the development of 1 or more new crossing further, That $2,000,000 shall be provided for $375,000 is for construction of Yazoo Basin, corridors, taking into account the environ- equipment acquisition for the Incorporated Tributaries projects in Mississippi, and of mental impact associated with the develop- Research Institutions for Seismology (IRIS) which $6,165,000 is for operation and mainte- ment of 1 or more new crossing corridors; PASSCAL Instrument Center.’’ nance of the Yazoo Basin, Arkabutla, Mis- and sissippi, project, and $5,232,000 is for oper- (5) analyze the cost of maintaining and im- AMENDMENT NO. 4070 ation and maintenance of the Yazoo Basin, On page 73, line 22, after the word ‘‘ex- proving the bridge across the canal in the Granada, Mississippi, project’’. Route 13 corridor as compared with the cost pended’’, insert the following: ‘‘Provided, of demolition of the bridge and the develop- That, $3,000,000 shall be made available from DOMENICI AMENDMENTS NOS. 4076– within the funds provided for Science and ment of 1 or more new crossing corridors, Technology to support a program to be man- 4079 within the timeframe established under aged by the Carlsbad office of the Depart- (Ordered to lie on the table.) paragraph (2). ment of Energy, in coordination with the Mr. DOMENICI submitted four U.S.-Mexico Border Health Commission, to amendments intended to be proposed BAUCUS (AND OTHERS) apply and demonstrate technologies to re- by him to the bill (H.R. 4733) supra; as AMENDMENT NO. 4081 duce hazardous waste streams that threaten follows: Mr. DASCHLE (for Mr. BAUCUS (for public health and environmental security in order to advance the potential for commer- AMENDMENT NO. 4076 himself, Mr. DASCHLE, and Mr. JOHN- cialization of technologies relevant to the On page 83, before line 20, insert the fol- SON)) proposed an amendment to the Department’s clean-up mission: Provided fur- lowing new subsection: bill, H.R. 4733, supra; as follows: ther, That $2,000,000 shall be made available ‘‘(c) The limitation in subsection (a) shall On page 58, strike lines 6 through 13. from within the funds provided for Science not apply to reimbursement of management and Technology to support a program to be and operating contractor travel expenses within the Laboratory Directed Research ROTH (AND BIDEN) AMENDMENTS managed by the Carlsbad office of the De- NOS. 4082–4083 partment of Energy to implement a program and Development program.’’ to support the Materials Corridor Partner- (Ordered to lie on the table.) ship Initiative.’’ AMENDMENT NO. 4077 Mr. ROTH (for himself and Mr. On page 93, line 18, strike ‘‘enactment’’ and BIDEN) submitted two amendments in- AMENDMENT NO. 4071 insert: ‘‘enactment, of which $2,000,000 shall tended to be proposed by them to the be made available to the U.S. Army Corps of On page 61, line 25, add the following before bill, H.R. 4733, supra; as follows: the period: ‘‘: Provided further, That $2,300,000 Engineers to undertake immediate measures AMENDMENT NO. 4082 of the funding provided herein shall be for to provide erosion control and sediment pro- the Albuquerque Metropolitan Area Water tection to sewage lines, trails, and bridges in On page 58, between lines 13 and 14, insert Reclamation and Reuse project authorized Pueblo and Los Alamos Canyons downstream the following: by Title XVI of Public Law 102–575 to under- of Diamond Drive in New Mexico’’. SEC. 1ll. SENSE OF THE SENATE CONCERNING take phase II of the project’’. THE DREDGING OF THE MAIN CHAN- AMENDMENT NO. 7078 NEL OF THE DELAWARE RIVER. It is the sense of the Senate that— STEVENS AMENDMENTS NOS. 4072– On page 82, line 24, strike ‘‘6’’ and replace with ‘‘8’’. (1) the Corps of Engineers should continue 4073 to negotiate in good faith with the State of (Ordered to lie on the table.) AMENDMENT NO. 4079 Delaware to address outstanding environ- Mr. DOMENICI (for Mr. STEVENS) On page 73, line 22, strike everything after mental permitting concerns relating to the submitted two amendments intended the word ‘‘until’’ through page 74, line 3, and project for navigation, Delaware River to be proposed by him to the bill (H.R. replace with ‘‘expended.’’ Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, authorized by 4733) supra; as follows: ROTH (AND BIDEN) AMENDMENT section 101(6) of the Water Resources Devel- AMENDMENT NO. 4072 opment Act of 1992 (106 Stat. 4802) and modi- On page 67, line 4, after the word ‘‘Fund:’’ NO. 4080 fied by section 308 of the Water Resources insert the following: ‘‘Provided, That, (Ordered to lie on the table.) Development Act of 1999 (113 Stat. 300); and

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8120 CONGRESSIONAL RECORD — SENATE September 6, 2000 (2) the Corps of Engineers and the State of be canceled and retired and may not be re- of the Public Debt Reduction Payment Ac- Delaware should resolve their differences issued. Amounts deposited in the account are count established by section 3114 of title 31, through a legally enforceable agreement in appropriated and may only be expended to United States Code. an effort to safeguard the natural resources carry out this section. (b) SEPARATE PUBLIC DEBT REDUCTION PAY- of the State of Delaware. ‘‘(c) If the Congressional Budget Office es- MENT ACCOUNT BUDGET DOCUMENTS.—The ex- timates an on-budget surplus for fiscal year cluded outlays and receipts of the Public AMENDMENT NO. 4083 2000 in the report submitted pursuant to sec- Debt Reduction Payment Account estab- On page 58, between lines 13 and 14, insert tion 202(e)(2) of the Congressional Budget lished by section 3114 of title 31, United the following: Act of 1974 in excess of the amount of the States Code, shall be submitted in separate surplus set forth for that fiscal year in sec- budget documents. SEC. ll. ST. GEORGES BRIDGE, DELAWARE. tion 101(4) of the concurrent resolution on SEC. ll07. REPORTS TO CONGRESS. None of the funds made available by this the budget for fiscal year 2001 (House Con- (a) REPORTS OF THE SECRETARY OF THE Act may be used to carry out any activity current Resolution 290, 106th Congress), then TREASURY.—(1) Within 30 days after the ap- relating to closure or removal of the St. there is hereby appropriated into the ac- propriation is deposited into the Public Debt Georges Bridge across the Chesapeake and count on the later of the date of enactment Reduction Payment Account under section Delaware Canal, Delaware, including a hear- of this Act or the date upon which the Con- 3114 of title 31, United States Code, the Sec- ing or any other activity relating to prepara- gressional Budget Office submits such re- retary of the Treasury shall submit a report tion of an environmental impact statement port, out of any money in the Treasury not to Congress confirming that such account concerning the closure or removal. otherwise appropriated, for the fiscal year has been established and the amount and ending September 30, 2000, an amount equal date of such deposit. Such report shall also ALLARD (AND OTHERS) to that excess. The funds appropriated to include a description of the Secretary’s plan AMENDMENTS NOS. 4084–85 this account shall remain available until ex- for using such money to reduce debt held by pended. the public. (Ordered to lie on the table.) ‘‘(d) The appropriation made under sub- (2) Not later than October 31, 2000, and Oc- Mr. ALLARD (for himself, Mr. VOINO- section (c) shall not be considered direct tober 31, 2001, the Secretary of the Treasury VICH, and Mr. GRAMS) submitted two spending for purposes of section 252 of Bal- shall submit a report to Congress setting amendments intended to be proposed anced Budget and Emergency Deficit Control forth the amount of money deposited into by them to the bill, H.R. 4733, supra; as Act of 1985. the Public Debt Reduction Payment Ac- follows: ‘‘(e) Establishment of and appropriations count, the amount of debt held by the public to the account shall not affect trust fund that was reduced, and a description of the AMENDMENT NO. 4084 transfers that may be authorized under any actual debt instruments that were redeemed At the end of the bill, insert the following: other provision of law. with such money. TITLEll—DEBT REDUCTION ACT OF 2000 ‘‘(f) The Secretary of the Treasury and the (b) REPORT OF THE COMPTROLLER GENERAL OF THE UNITED STATES.—Not later than No- SEC. ll01. SHORT TITLE. Director of the Office of Management and Budget shall each take such actions as may vember 15, 2001, the Comptroller General of This title may be cited as the ‘‘Debt Re- the United States shall submit a report to duction Act of 2000’’. be necessary to promptly carry out this section in accordance with sound debt manage- Congress verifying all of the information set SEC. ll02. FINDINGS AND PURPOSE. ment policies. forth in the reports submitted under sub- (a) FINDINGS.—The Congress finds that— ‘‘(g) Reducing the debt pursuant to this section (a). (1) fiscal discipline, resulting from the Bal- section shall not interfere with the debt anced Budget Act of 1997, and strong eco- management policies or goals of the Sec- AMENDMENT NO. 4084 nomic growth have ended decades of deficit retary of the Treasury.’’. At the appropriate place, insert: spending and have produced budget surpluses (b) CONFORMING AMENDMENT.—The chapter DEPARTMENT OF THE TREASURY without using the social security surplus; analysis for chapter 31 of title 31, United BUREAU OF THE PUBLIC DEBT (2) fiscal pressures will mount in the future States Code, is amended by inserting after SUPPLEMENTAL APPROPRIATION FOR FISCAL as the aging of the population increases the item relating to section 3113 the fol- YEAR 2001 budget obligations; lowing: (3) until Congress and the President agree GIFTS TO THE UNITED STATES FOR REDUCTION ‘‘3114. Public debt reduction payment ac- to legislation that strengthens social secu- OF THE PUBLIC DEBT count.’’. rity, the social security surplus should be For deposit of an additional amount for fis- used to reduce the debt held by the public; SEC. ll04. REDUCTION OF STATUTORY LIMIT cal year 2001 into the account established (4) strengthening the Government’s fiscal ON THE PUBLIC DEBT. under section 3113(d) of title 31, United position through public debt reduction in- Section 3101(b) of title 31, United States States Code, to reduce the public debt, creases national savings, promotes economic Code, is amended by inserting ‘‘minus the $5,000,000,000. growth, reduces interest costs, and is a con- amount appropriated into the Public Debt Reduction Payment Account pursuant to structive way to prepare for the Govern- ALLARD AMENDMENT NO. 4086 ment’s future budget obligations; and section 3114(c)’’ after ‘‘$5,950,000,000,000’’. (5) it is fiscally responsible and in the long- SEC. ll05. OFF-BUDGET STATUS OF PUBLIC (Ordered to lie on the table.) term national economic interest to use an DEBT REDUCTION PAYMENT AC- Mr. ALLARD submitted an amend- additional portion of the nonsocial security COUNT. ment intended to be proposed by him surplus to reduce the debt held by the public. Notwithstanding any other provision of to the bill, H.R. 4733, supra; as follows: law, the receipts and disbursements of the (b) PURPOSE.—It is the purpose of this title On page 66, between lines 11 and 12, insert Public Debt Reduction Payment Account es- to— the following: (1) reduce the debt held by the public with tablished by section 3114 of title 31, United States Code, shall not be counted as new SEC. 2ll. USE OF COLORADO-BIG THOMPSON the goal of eliminating this debt by 2013; and PROJECT FACILITIES FOR NON- (2) decrease the statutory limit on the pub- budget authority, outlays, receipts, or def- PROJECT WATER. lic debt. icit or surplus for purposes of— The Secretary of the Interior may enter (1) the budget of the United States Govern- into contracts with the city of Loveland, SEC. ll03. ESTABLISHMENT OF PUBLIC DEBT ment as submitted by the President, REDUCTION PAYMENT ACCOUNT. Colorado, or its Water and Power Depart- (2) the congressional budget, or (a) IN GENERAL.—Subchapter I of chapter ment or any other agency, public utility, or (3) the Balanced Budget and Emergency 31 of title 31, United States Code, is amended enterprise of the city, providing for the use Deficit Control Act of 1985. by adding at the end the following new sec- of facilities of the Colorado-Big Thompson tion: SEC. ll06. REMOVING PUBLIC DEBT REDUC- Project, Colorado, under the Act of February TION PAYMENT ACCOUNT FROM 21, 1911 (43 U.S.C. 523), for— ‘‘§ 3114. Public debt reduction payment ac- BUDGET PRONOUNCEMENTS. (1) the impounding, storage, and carriage count (a) IN GENERAL.—Any official statement of nonproject water originating on the east- ‘‘(a) There is established in the Treasury of issued by the Office of Management and ern slope of the Rocky Mountains for domes- the United States an account to be known as Budget, the Congressional Budget Office, or tic, municipal, industrial, and other bene- the Public Debt Reduction Payment Account any other agency or instrumentality of the ficial purposes; and (hereinafter in this section referred to as the Federal Government of surplus or deficit to- (2) the exchange of water originating on ‘account’). tals of the budget of the United States Gov- the eastern slope of the Rocky Mountains for ‘‘(b) The Secretary of the Treasury shall ernment as submitted by the President or of the purposes specified in paragraph (1), using use amounts in the account to pay at matu- the surplus or deficit totals of the congres- facilities associated with the Colorado-Big rity, or to redeem or buy before maturity, sional budget, and any description of, or ref- Thompson Project, Colorado. any obligation of the Government held by erence to, such totals in any official publica- the public and included in the public debt. tion or material issued by either of such Of- Any obligation which is paid, redeemed, or fices or any other such agency or instrumen- THOMAS AMENDMENT NO. 4087 bought with amounts from the account shall tality, shall exclude the outlays and receipts (Ordered to lie on the table.)

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8121 Mr. THOMAS submitted an amend- shall be used to undertake the Hay Creek, there shall be provided $7,242,000 for ment intended to be proposed by him Roseau County, Minnesota Flood Control Arkabutla Lake, $4,376,000 for Enid Lake, to the bill, H.R. 4733, supra; as follows: Project under Section 206 funding. The fund- $5,732,000 for Grenada Lake, $7,680,000 for Sar- ing for the project would be offset by in- dis Lake’’ At the appropriate place in the bill, insert creasing the savings and slippage applied to On page 67, line 19, strike ‘‘$309,141,000’’ and the following new section and renumber any the FY2001 Construction, General account insert ‘‘$304,241,000’’ remaining sections accordingly: from $lll to $lll. The proposed amend- On page 68, line 14, strike ‘‘$2,870,112,000’’ SEC. . AMENDMENT TO IRRIGATION PROJECT ment would have no affect on outlays.’’ and insert ‘‘$2,854,435,000’’ CONTRACT EXTENSION ACT OF 1998. On page 70, line 19, strike ‘‘210,128,000’’ and Section 2 of the Irrigation Project Con- insert ‘‘$205,228,000’’ tract Extension Act of 1998, Pub. L. No. 105– REED AMENDMENTS NOS. 4092–4093 293, is amended by: (Ordered to lie on the table.) DORGAN (AND CONRAD) (a) striking the date ‘‘December 31, 2000’’ in Mr. REED submitted two amend- subsection (a) and inserting in lieu thereof AMENDMENTS NOS. 4097–4098 the date ‘‘December 31, 2003.’’; and ments intended to be proposed by him to the bill, H.R. 4733, supra; as follows: (Ordered to lie on the table.) (b) striking subsection (b) in its entirety Mr. DORGAN (for himself and Mr. and renumbering the remaining subsections AMENDMENT NO. 4092 CONRAD) submitted two amendments accordingly. On page 47, line 18, before the period, insert intended to be proposed by them to the the following: ‘‘, of which not less than bill, H.R. 4733, supra; as follows: SMITH OF OREGON (AND CRAIG) $1,500,000 shall be available for the conduct of AMENDMENT NO. 4088 activities related to the selection, by the AMENDMENT NO. 4097 Secretary of the Army in cooperation with On page 61, line 11, after the colon, insert (Ordered to lie on the table.) the Environmental Protection Agency, of a the following: ‘‘Provided further, That the Mr. SMITH of Oregon (for himself permanent disposal site for environmentally Secretary shall use up to $75,000 of the funds and Mr. CRAIG) submitted an amend- sound dredged material from navigational provided under this heading to conduct a ment intended to be proposed by them dredging projects in the State of Rhode Is- study of the Oakes Test Area, North Dakota, to the bill, H.R. 4733, supra; as follows: land’’. to determine modifications or additional facilities that will reduce the costs of oper- On page 66, between lines 11 and 12 insert: AMENDMENT NO. 4093 ating the facilities and improve the reli- SEC. . The Secretary of the Interior is au- ability of the water supply in anticipation of thorized and directed to use not to exceed On page 53, line 8, strike ‘‘facilities:’’ and a future transfer of the facilities from the $1,000,000 of the funds appropriated under insert the following: ‘‘facilities, and of which Federal Government to a non-Federal inter- title II to refund amounts received by the $500,000 shall be available for maintenance est:’’. United States as payments for charges as- and repair of the Sakonnet Harbor break- sessed by the Secretary prior to January 1, water in Little Compton, Rhode Island:’’. AMENDMENT NO. 4098 1994 for failure to file certain certification or On page 77, at the beginning of line 26, in- reporting forms prior to the receipt of irriga- GORTON AMENDMENT NO. 4094 tion water, pursuant to sections 206 and sert the following: ‘‘Provided further, That 224(c) of the Reclamation Reform Act of 1982 (Ordered to lie on the table.) any amount spent on studies to enhance the (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 390ww(c)), Mr. GORTON submitted an amend- transmission capability and transfer capac- including the amount of associated interest ment intended to be proposed by him ity of the transmission system and inter- assessed by the Secretary and paid to the to the bill, H.R. 4733, supra; as follows: connected systems of the Western Area United States pursuant to section 224(i) of Power Administration for the delivery of SEC. . The Secretary may accept and ex- the Reclamation Reform Act of 1982 101 Stat. power shall be non-reimbursable:’’. pend funds contributed by port authorities 1330–268; 43 U.S.C. 390ww(i)). to carry out work required by applicable environmental statutes, including the Endan- DOMENICI AMENDMENT NO. 4099 CRAPO (AND OTHERS) gered Species Act of 1973 (16 U.S.C. 1531, et (Ordered to lie on the table.) AMENDMENT NO. 4089 seq.). Mr. DOMENICI submitted an amend- (Ordered to lie on the table.) ment intended to be proposed by him Mr. CRAPO (for himself, Mr. CRAIG, DODD AMENDMENT NO. 4095 to the bill, H.R. 4733, supra; as follows: and Mr. BAUCUS) submitted an amend- (Ordered to lie on the table.) On page 97, between lines 14 and 15, insert ment intended to be proposed by him Mr. DODD submitted an amendment the following: to the bill, H.R. 4733, supra; as follows: intended to be proposed by him to the TITLE ll—NUCLEAR REGULATORY On page 68, line 15, strike ‘‘expended:’’ and bill, H.R. 4733, supra; as follows: COMMISSION insert ‘‘expended, of which $500,000 shall be On page 90, between lines 6 and 7, insert Subtitle A—Funding available for participation by the Idaho Na- the following: SEC. ll01. NUCLEAR REGULATORY COMMISSION tional Engineering and Environmental Lab- ANNUAL CHARGES. oratory in the Greater Yellowstone Energy SEC. 3 . AVAILABILITY OF UNOBLIGATED BAL- ANCES. Section 6101 of the Omnibus Budget Rec- and Transportation Systems Study:’’. Of the unobligated balances of funds appro- onciliation Act of 1990 (42 U.S.C. 2214) is priated under the heading ‘‘ENERGY SUPPLY, amended— GRAMS (AND WELLSTONE) RESEARCH AND DEVELOPMENT ACTIVITIES’’ in (1) in subsection (a)(3), by striking ‘‘Sep- AMENDMENTS NOS. 4090–4091 the Energy and Water Development Appro- tember 30, 1999’’ and inserting ‘‘September priations Act, 1993 (106 Stat. 1332), and prior 20, 2005’’; and (Ordered to lie on the table.) (2) in subsection (c)— Mr. GRAMS (for himself and Mr. Energy and Water Development Appropria- tions Acts, $7,900,000 shall be made available (A) in paragraph (1), by inserting ‘‘or cer- WELLSTONE) submitted two amend- for the University of Connecticut. tificate holder’’ after ‘‘licensee’’; and ments intended to be proposed by them (B) by striking paragraph (2) and inserting to the bill, H.R. 4733, supra; as follows: the following: COCHRAN AMENDMENT NO. 4096 ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— AMENDMENT NO. 4090 ‘‘(A) IN GENERAL.—The aggregate amount On page 52, line 2, insert the following be- (Ordered to lie on the table.) Mr. COCHRAN submitted an amend- of the annual charges collected from all li- fore the period: ‘‘Provided further, That censees and certificate holders in a fiscal $1,000,000 of the funding appropriated herein ment intended to be proposed by him year shall equal an amount that approxi- shall be used to undertake the Red Lake to the bill, H.R. 4733, supra; as follows: mates the percentages of the budget author- River Flood Control Project at Crookston, On page 52, line 10, strike ‘‘$324,450,000’’ and ity of the Commission for the fiscal year Minnesota. The funding for the project would insert ‘‘$344,044,000’’ stated in subparagraph (B), less— be offset by increasing the savings and slip- On page 52, line 15, before the period insert ‘‘(i) amounts collected under subsection (b) page applied to the FY2001 Construction, ‘‘: Provided further, That of the amounts during the fiscal year; and General account from $lll to $lll. The made available under this heading for con- ‘‘(ii) amounts appropriated to the Commis- proposed amendment would have no affect on struction, there shall be provided $15,000,000 sion from the Nuclear Waste Fund for the outlays.’’ for the Demonstration Erosion Control Pro- fiscal year. gram and $375,000 for Tributaries in the ‘‘(B) PERCENTAGES.—The percentages re- AMENDMENT NO. 4091 Yazoo Basin of Mississippi; $48,647,000 for the ferred to in subparagraph (A) are— On page 52, line 2, insert the following be- Mississippi River levees: Provided further, ‘‘(i) 98 percent for fiscal year 2002; fore the period: ‘‘Provided further, That That of the amounts made available under ‘‘(ii) 96 percent for fiscal year 2003; $500,000 of the funding appropriated herein this heading for operation and maintenance, ‘‘(iii) 94 percent for fiscal year 2004;

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8122 CONGRESSIONAL RECORD — SENATE September 6, 2000 ‘‘(iv) 92 percent for fiscal year 2005; and seq.) is amended by adding at the end the fol- ‘‘(iii) a law applicable to property of sig- ‘‘(v) 88 percent for fiscal year 2006.’’. lowing: nificance to the common defense and secu- SEC. ll02. NUCLEAR REGULATORY COMMISSION ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF rity that is in the custody of a licensee or AUTHORITY OVER FORMER LICENS- GIFTS. certificate holder or a contractor of a li- EES FOR DECOMMISSIONING FUND- ‘‘(a) IN GENERAL.—The Commission shall censee or certificate holder of the Commis- ING. establish written criteria for determining sion; or Section 161i. of the Atomic Energy Act of whether to accept gifts under section ‘‘(iv) any provision of this Act that sub- 1954 (42 U.S.C. 2201(i)) is amended— 161g.(2). jects an offender to a fine, imprisonment, or (1) by striking ‘‘and (3)’’ and inserting ‘‘(b) CONSIDERATIONS.—The criteria under both. ‘‘(3)’’; and subsection (a) shall take into consideration ‘‘(3) OTHER AUTHORITY.—The arrest author- (2) by inserting before the semicolon at the whether the acceptance of the gift would ity conferred by this section is in addition to end the following: ‘‘, and (4) to ensure that compromise the integrity of, or the appear- any arrest authority under other law. sufficient funds will be available for the de- ance of the integrity of, the Commission or ‘‘(4) GUIDELINES.—The Secretary and the commissioning of any production or utiliza- any officer or employee of the Commission.’’. Commission, with the approval of the Attor- tion facility licensed under section 103 or (2) CONFORMING AND TECHNICAL AMEND- ney General, shall issue guidelines to imple- 104b., including standards and restrictions MENTS.—The table of contents of chapter 14 ment section 161k. and this subsection.’’. governing the control, maintenance, use, and of title I of the Atomic Energy Act of 1954 (42 (b) CONFORMING AND TECHNICAL AMEND- disbursement by any former licensee under U.S.C. prec. 2011) is amended by adding at MENTS.—The table of contents of chapter 14 this Act that has control over any fund for the end the following: of title I of the Atomic Energy Act of 1954 (42 the decommissioning of the facility’’. ‘‘Sec. 170C. Criteria for acceptance of U.S.C. prec. 2011) (as amended by section ll14(b)(2)) is amended by adding at the end SEC. ll03. COST RECOVERY FROM GOVERN- gifts.’’. MENT AGENCIES. SEC. ll15. CARRYING OF FIREARMS BY LI- the following: Section 161w. of the Atomic Energy Act of CENSEE EMPLOYEES. ‘‘Sec. 170D. Carrying of firearms.’’. 1954 (42 U.S.C. 2201(w)) is amended— (a) IN GENERAL.—Chapter 14 of title I of the SEC. ll16. UNAUTHORIZED INTRODUCTION OF (1) by striking ‘‘, or which operates any fa- Atomic Energy Act of 1954 (42 U.S.C. 2201 et DANGEROUS WEAPONS. cility regulated or certified under section seq.) (as amended by section ll14(b)(1)) is Section 229a. of the Atomic Energy Act of 1701 or 1702,’’; amended— 1954 (42 U.S.C. 2278a(a)) is amended in the (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; (1) in section 161, by striking subsection k. first sentence by inserting ‘‘or subject to the and and inserting the following: licensing authority of the Commission or to ‘‘(k) authorize to carry a firearm in the certification by the Commission under this (3) by inserting before the period at the end performance of official duties such of its Act or any other Act’’ before the period at the following: ‘‘, and, commencing October 1, members, officers, and employees, such of the end. 2000, prescribe and collect from any other the employees of its contractors and sub- Government agency any fee, charge, or price SEC. ll17. SABOTAGE OF NUCLEAR FACILITIES contractors (at any tier) engaged in the pro- OR FUEL. that the Commission may require in accord- tection of property under the jurisdiction of Section 236a. of the Atomic Energy Act of ance with section 9701 of title 31, United the United States located at facilities owned 1954 (42 U.S.C. 2284(a)) is amended— States Code, or any other law’’. by or contracted to the United States or (1) in paragraph (2), by striking ‘‘storage Subtitle B—Other Provisions being transported to or from such facilities, facility’’ and inserting ‘‘storage, treatment, SEC. ll11. OFFICE LOCATION. and such of the employees of persons li- or disposal facility’’; Section 23 of the Atomic Energy Act of censed or certified by the Commission (in- (2) in paragraph (3)— 1954 (42 U.S.C. 2033) is amended by striking ‘‘; cluding employees of contractors of licensees (A) by striking ‘‘such a utilization facil- however, the Commission shall maintain an or certificate holders) engaged in the protec- ity’’ and inserting ‘‘a utilization facility li- office for the service of process and papers tion of facilities owned or operated by a censed under this Act’’; and within the District of Columbia’’. Commission licensee or certificate holder (B) by striking ‘‘or’’ at the end; that are designated by the Commission or in (3) in paragraph (4)— SEC. ll12. LICENSE PERIOD. the protection of property of significance to (A) by striking ‘‘facility licensed’’ and in- Section 103c. of the Atomic Energy Act of the common defense and security located at serting ‘‘or nuclear fuel fabrication facility 1954 (42 U.S.C. 2133(c)) is amended— facilities owned or operated by a Commis- licensed or certified’’; and (1) by striking ‘‘c. Each such’’ and insert- sion licensee or certificate holder or being (B) by striking the period at the end and ing the following: transported to or from such facilities, as the inserting ‘‘; or’’; and ‘‘c. LICENSE PERIOD.— Commission considers necessary in the inter- (4) by adding at the end the following: ‘‘(1) IN GENERAL.—Each such’’; and est of the common defense and security;’’ ‘‘(5) any production, utilization, waste (2) by adding at the end the following: and storage, waste treatment, waste disposal, ‘‘(2) COMBINED LICENSES.—In the case of a (2) by adding at the end the following: uranium enrichment, or nuclear fuel fabrica- combined construction and operating license ‘‘SEC. 170D. CARRYING OF FIREARMS. tion facility subject to licensing or certifi- issued under section 185(b), the initial dura- ‘‘(a) AUTHORITY TO MAKE ARREST.— cation under this Act during construction of tion of the license may not exceed 40 years ‘‘(1) IN GENERAL.—A person authorized the facility, if the person knows or reason- from the date on which the Commission under section 161k. to carry a firearm may, ably should know that there is a significant finds, before operation of the facility, that while in the performance of, and in connec- possibility that the destruction or damage the acceptance criteria required by section tion with, official duties, arrest an indi- caused or attempted to be caused could ad- 185(b) are met.’’. vidual without a warrant for any offense versely affect public health and safety dur- SEC. ll13. ELIMINATION OF NRC ANTITRUST against the United States committed in the ing the operation of the facility.’’ REVIEWS. presence of the person or for any felony Section 105 of the Atomic Energy Act of under the laws of the United States if the BOXER AMENDMENT NO. 4100 1954 (42 U.S.C. 2135) is amended by adding at person has a reasonable ground to believe the end the following: that the individual has committed or is com- (Ordered to lie on the table.) ‘‘(d) APPLICABILITY.—Subsection (c) shall mitting such a felony. Mrs. BOXER submitted an amend- not apply to an application for a license to ‘‘(2) LIMITATION.—An employee of a con- ment intended to be proposed by her to construct or operate a utilization facility tractor or subcontractor or of a Commission the bill, H.R. 4733, supra; as follows: under section 103 or 104(b) that is pending on licensee or certificate holder (or a contractor On page 97, between lines 12 and 13, insert or that is filed on or after the date of enact- of a licensee or certificate holder) authorized the following: ment of this subsection.’’. to make an arrest under paragraph (1) may SEC. 7ll. REPORT TO CONGRESS ON ELEC- SEC. ll14. GIFT ACCEPTANCE AUTHORITY. make an arrest only— TRICITY PRICES. (a) IN GENERAL.—Section 161g. of the ‘‘(A) when the individual is within, or is in (a) FINDINGS.—Congress finds that— Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) flight directly from, the area in which the of- (1) California is currently experiencing an is amended— fense was committed; and energy crisis; (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; ‘‘(B) in the enforcement of— (2) rolling power outages are a serious pos- (2) by striking ‘‘this Act;’’ and inserting ‘‘(i) a law regarding the property of the sibility; ‘‘this Act; or’’; and United States in the custody of the Depart- (3) wholesale electricity prices have (3) by adding at the end the following: ment of Energy, the Nuclear Regulatory soared, resulting in electrical bills that have ‘‘(2) accept, hold, utilize, and administer Commission, or a contractor of the Depart- increased as much as 300 percent in the San gifts of real and personal property (not in- ment of Energy or Nuclear Regulatory Com- Diego area; cluding money) for the purpose of aiding or mission or a licensee or certificate holder of (4) small business owners and people on facilitating the work of the Nuclear Regu- the Commission; small or fixed incomes, especially senior citi- latory Commission.’’. ‘‘(ii) a law applicable to facilities owned or zens, are particularly suffering; (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— operated by a Commission licensee or certifi- (5) the crisis is so severe that the County (1) IN GENERAL.—Chapter 14 of title I of the cate holder that are designated by the Com- of San Diego recently declared a financial Atomic Energy Act of 1954 (42 U.S.C. 2201 et mission under section 161k.; state of emergency; and

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8123 (6) the staff of the Federal Energy Regu- changing needs and expectations of the pub- ‘‘(B) authorize law enforcement personnel latory Commission (referred to in this sec- lic, the Secretary of the Interior may— of any other Federal agency that has law en- tion as the ‘‘Commission’’) is currently in- (1) investigate, plan, construct, operate, forcement authority (with the exception of vestigating the crisis and is compiling a re- and maintain public recreational facilities the Department of Defense) or law enforce- port to be presented to the Commission not on land withdrawn or acquired for the ment personnel of any State or local govern- later than November 1, 2000. projects; ment, including an Indian tribe, when the (b) REPORT.— (2) conserve the scenery, the natural, his- Secretary determines it to be economical (1) IN GENERAL.—The Commission shall— toric, paleontologic, and archaeologic ob- and in the public interest, and with the con- (A) continue the investigation into the jects, and the wildlife on the land; currence of that agency or the State or local cause of the summer price spike described in (3) provide for public use and enjoyment of government, to act as law enforcement offi- subsection (a); and the land and of the water areas created by a cers on Reclamation land within the State of (B) not later than December 1, 2000, submit project by such means as are consistent with Montana east of the Continental Divide, in- to Congress a report on the results of the in- but subordinate to the purposes of the cluding the portion of the Yellowtail Unit of vestigation. project; and the Pick-Sloan Project located in Wyoming, (2) CONTENTS.—The report shall include— (4) investigate, plan, construct, operate, with such enforcement powers as may be so (A) data obtained from a hearing held by and maintain facilities for the conservation assigned to the officers by the Secretary to the Commission in San Diego; of fish and wildlife resources. carry out the regulations promulgated by (B) identification of the causes of the San (b) COSTS.—The costs (including operation the Commissioner of Reclamation; Diego price increases; and maintenance costs) of carrying out sub- ‘‘(C) cooperate with the States of Montana (C) a determination whether California section (a) shall be nonreimbursable and and Wyoming or units of local government of wholesale electricity markets are competi- nonreturnable under Federal reclamation the States, including an Indian tribe, in the tive; law. enforcement of laws or ordinances of the (D) a recommendation whether a regional State or unit of local government; and price cap should be set in the Western AMENDMENT NO. 4103 ‘‘(D) provide reimbursement to the State States; On page 66, between lines 11 and 12, insert or local government, including an Indian (E) a determination whether manipulation the following: tribe, for expenditures incurred in connec- of prices has occurred at the wholesale level; SEC. 2ll. CANYON FERRY RESERVOIR, MON- tion with activities under subparagraph (B). and TANA. ‘‘(5) An officer or employee designated or (F) a determination of the remedies, in- (a) APPRAISALS.—Section 1004(c)(2)(B) of authorized by the Secretary under paragraph cluding legislation or regulations, that are title X of division C of the Omnibus Consoli- (4) may— necessary to correct the problem and prevent dated and Emergency Supplemental Appro- ‘‘(A)(i) carry firearms on Reclamation land similar incidents in California and elsewhere priations Act, 1999 (112 Stat. 2681–713; 113 within the State of Montana east of the Con- in the United States. Stat. 1501A–307) is amended— tinental Divide, including the portion of the (1) in clause (i), by striking ‘‘be based on’’ Yellowtail Unit of the Pick-Sloan Project lo- and inserting ‘‘use’’; cated in Wyoming; and HARKIN (AND OTHERS) (2) in clause (vi), by striking ‘‘Notwith- ‘‘(ii) make arrests without warrants for AMENDMENT NO. 4101 standing any other provision of law,’’ and in- any offense against the United States com- (Ordered to lie on the table.) serting ‘‘To the extent consistent with the mitted in the officer’s or employee’s presence, or for any felony cognizable under the Mr. HARKIN (for himself, Mr. REID, Uniform Appraisal Standards for Federal Land Acquisition,’’; and laws of the United States if— and Mr. FEINGOLD) submitted an (3) by adding at the end the following: ‘‘(I) the officer or employee has reasonable amendment intended to be proposed by ‘‘(vii) APPLICABILITY.—This subparagraph grounds to believe that the person to be ar- them to the bill, H.R. 4733, supra; as shall apply to the extent that its application rested has committed or is committing such follows: is practicable and consistent with the Uni- a felony; and On page 90, between lines 6 and 7, insert form Appraisal Standards for Federal Land ‘‘(II) the arrests occur within the Reclama- the following: Acquisition.’’. tion land or the person to be arrested is flee- SEC. 320. (a) PROHIBITION ON USE OF FUNDS (b) TIMING.—Section 1004(f)(2) of title X of ing from the Reclamation land to avoid ar- FOR CONSTRUCTION OF NATIONAL IGNITION FA- division C of the Omnibus Consolidated and rest; CILITY.—Notwithstanding any other provi- Emergency Supplemental Appropriations ‘‘(B) execute any warrant or other process sion of this Act, none of the funds appro- Act, 1999 (112 Stat. 2681–714; 113 Stat. 1501A– issued by a court or officer of competent ju- priated or otherwise made available by this 308) is amended by inserting after ‘‘Act,’’ the risdiction for the enforcement of any Federal Act may be obligated or expended for pur- following: ‘‘in accordance with all applicable law (including any regulation) issued pursu- poses of the construction of the National Ig- law,’’. ant to law for an offense committed on Rec- nition Facility. (c) INTEREST.—Section 1008(b) of title X of lamation land within the State of Montana (b) REDUCTION IN APPROPRIATIONS.—Not- division C of the Omnibus Consolidated and east of the Continental Divide, including the withstanding any other provision of this Act, Emergency Supplemental Appropriations portion of the Yellowtail Unit of the Pick- the amount appropriated by this title under Act, 1999 (112 Stat. 2681–717; 113 Stat. 1501A– Sloan Project located in Wyoming,; and ‘‘ATOMIC ENERGY DEFENSE ACTIVI- 310) is amended by striking paragraph (4). ‘‘(C) conduct investigations of any offense TIES’’ under the heading ‘‘NATIONAL NU- against the United States committed on Rec- AMENDMENT NO. 4104 CLEAR SECURITY ADMINISTRATION’’ under the lamation land within the State of Montana subheading ‘‘WEAPONS ACTIVITIES’’ is hereby On page 66, between lines 11 and 12, insert east of the Continental Divide, including the reduced by $74,100,000, with the amount of the following: portion of the Yellowtail Unit of the Pick- the reduction allocated to amounts other- SEC. 2ll. BUREAU OF RECLAMATION. Sloan Project located in Wyoming, in the ab- wise available under that subheading for Section 2805(a) of Reclamation Recreation sence of investigation of the offense by any construction of the National Ignition Facil- Management Act of 1992 (16 U.S.C. 460l–33(a)) other Federal law enforcement agency hav- ity. is amended by adding at the ending the fol- ing investigative jurisdiction over the of- lowing: fense committed or with the concurrence of ‘‘(3) Any person who violates any such reg- the other agency. BAUCUS AMENDMENTS NOS. 4102– ulation shall be fined under title 18, United ‘‘(6)(A) Except as otherwise provided in 4104 States Code, imprisoned not more than 6 this paragraph, a law enforcement officer of (Ordered to lie on the table.) months, or both. Any person charged with a any State or local government, including an Mr. BAUCUS submitted three amend- violation of such a regulation may be tried Indian tribe, designated to act as a law en- ments intended to be proposed by him and sentenced by any United States mag- forcement officer under paragraph (4) shall istrate judge designated for that purpose by not be deemed to be a Federal employee and to the bill, H.R. 4733, supra; as follows: the court by which the magistrate was ap- shall not be subject to the laws relating to AMENDMENT NO. 4102 pointed, in the same manner and subject to Federal employment, including laws relating On page 66, between lines 11 and 12, insert the same conditions and limitations as pro- to hours of work, rates of compensation, the following: vided for in section 3401 of title 18, United leave, unemployment compensation, and SEC. 2ll. RECREATION DEVELOPMENT, BUREAU States Code. Federal benefits. OF RECLAMATION, MONTANA ‘‘(4) The Secretary may— ‘‘(B) For the purposes of chapter 171 of title PROJECTS. ‘‘(A) authorize law enforcement personnel 28, United States Code (commonly known as (a) IN GENERAL.—To provide a greater level from the Department of the Interior to act the ‘Federal Tort Claims Act’), a law en- of recreation management activities on rec- as law enforcement officers to maintain law forcement officer of any State or local gov- lamation project land and water areas within and order and protect persons and property ernment, including an Indian tribe, shall, the State of Montana east of the Continental on Reclamation land within the State of when acting as a designated law enforcement Divide (including the portion of the Montana east of the Continental Divide, in- officer under paragraph (4) and while under Yellowtail Unit of the Pick-Sloan Project lo- cluding the portion of the Yellowtail Unit of Federal supervision and control, and only cated in Wyoming) necessary to meet the the Pick-Sloan Project located in Wyoming; when carrying out Federal law enforcement

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8124 CONGRESSIONAL RECORD — SENATE September 6, 2000 responsibilities, be considered to be a Fed- (c) when it is made known to the Federal Mr. TORRICELLI (for himself, Mr. eral employee. entity or official to which the funds are LAUTENBERG, Mr. SCHUMER, Mr. MOY- ‘‘(C) For the purposes of subchapter I of made available that the National Academy NIHAN, and Mr. DODD) submitted an chapter 81 of title 5, United States Code, re- of Sciences has not completed its study, Mis- amendment intended to be proposed by lating to compensation to Federal employees souri River Basin: Improving the Scientific for work injuries, a law enforcement officer Basis for Adaptive Management, Project them to the bill, H.R. 4733, supra; as of any State or local government, including Identification Number: WSTB–U–99–06–A. follows: an Indian tribe, shall, when acting as a des- At the appropriate place, insert the fol- ignated law enforcement officer under para- TORRICELLI AMENDMENTS NOS. lowing: graph (4) and while under Federal super- 4108–4109 SECTION 1. REDESIGNATION OF INTERSTATE vision and control, and only when carrying SANITATION COMMISSION AND DIS- out Federal law enforcement responsibil- (Ordered to lie on the table.) TRICT. ities, be deemed to be a civil service em- Mr. TORRICELLI submitted two (a) INTERSTATE SANITATION COMMISSION.— ployee of the United States within the mean- amendments intended to be proposed (1) IN GENERAL.—The district known as the ing of the term ‘employee’ as defined in sec- by him to the bill, H.R. 4733, supra; as ‘‘Interstate Sanitation Commission’’, estab- tion 8101 of title 5, United States Code, and follows: lished by article III of the Tri-State Compact the provisions of that subchapter shall described in the Resolution entitled, ‘‘A apply. Benefits under that subchapter shall AMENDMENT NO. 4108 Joint Resolution granting the consent of be reduced by the amount of any entitlement On page 58, between lines 13 and 14, insert Congress to the States of New York, New to State or local workers’ compensation ben- the following: Jersey, and Connecticut to enter into a com- efits arising out of the injury or death. SEC. 1ll. HISTORIC AREA REMEDIATION SITE, pact for the creation of the Interstate Sani- ‘‘(7) Nothing in any of paragraphs (3) SANDY HOOK, NEW JERSEY. tation District and the establishment of the through (9) limits or restricts the investiga- (a) DEFINITIONS.—In this section: Interstate Sanitation Commission’’, ap- tive jurisdiction of any Federal law enforce- (1) ADMINISTRATOR.—The term ‘‘Adminis- proved August 27, 1935 (49 Stat. 933), is redes- ment agency, or affects any existing right of trator’’ means the Administrator of the En- ignated as the ‘‘Interstate Environmental a State or local government, including an In- vironmental Protection Agency. Commission’’. dian tribe, to exercise civil and criminal ju- (2) BACKGROUND AMBIENT CONTAMINATION (2) REFERENCES.—Any reference in a law, risdiction within a Reclamation project or LEVEL.—The term ‘‘background ambient con- regulation, map, document, paper, or other on Reclamation land. tamination level’’ means the level of con- record of the United States to the Interstate ‘‘(8) The law enforcement authorities pro- tamination by a contaminant that is sub- Sanitation Commission shall be deemed to vided for in this subsection may be exercised stantially equivalent to or less than the be a reference to the Interstate Environ- only in accordance with rules and regula- level of such contamination in biota and mental Commission. tions promulgated by the Secretary and ap- sediments occurring naturally in the ocean (b) INTERSTATE SANITATION DISTRICT.— proved by the Attorney General. in areas that have never been affected by (1) IN GENERAL.—The district known as the ‘‘(9) In this subsection, the term ‘law en- dumping. ‘‘Interstate Sanitation District’’, established forcement personnel’ means employees of a (3) CONTAMINANT.—The term ‘‘contami- by article II of the Tri-State Compact de- Federal, State, or local government agency, nant’’ means a substance that, as determined scribed in the Resolution entitled, ‘‘A Joint including an Indian tribal agency, who have by the Administrator, poses an unacceptable Resolution granting the consent of Congress successfully completed law enforcement threat to human health or the environment. to the States of New York, New Jersey, and training and are authorized to carry fire- (4) HISTORIC AREA REMEDIATION SITE.—The Connecticut to enter into a compact for the arms, make arrests, and execute services of term ‘‘Historic Area Remediation Site’’ creation of the Interstate Sanitation Dis- process to enforce criminal laws of their em- means the dredged material disposal area lo- trict and the establishment of the Interstate ploying jurisdiction.’’. cated east of Sandy Hook, New Jersey, and Sanitation Commission’’, approved August described in section 228.15(d)(6) of title 40, 27, 1935 (49 Stat. 932), is redesignated as the DURBIN AMENDMENTS NOS. 4105– Code of Federal Regulations (as in effect on ‘‘Interstate Environmental District’’. 4107 July 1, 1999). (2) REFERENCES.—Any reference in a law, (b) STANDARDS.— regulation, map, document, paper, or other (Ordered to lie on the table.) (1) IN GENERAL.—Not later than January 1, record of the United States to the Interstate Mr. DURBIN submitted three amend- 2001, the Administrator, in consultation with Sanitation District shall be deemed to be a ments intended to be proposed by him the Secretary of the Army, shall finalize and reference to the Interstate Environmental to the bill, H.R. 4733, supra; as follows: release for public review and comment the District. AMENDMENT NO. 4105 Environmental Protection Agency Region/ CENAN response to the peer review con- On page 58, strike lines 6 through 13 and in- STEVENS AMENDMENT NO. 4111 sert the following: cluded in October 1998 on the Framework for Evaluating Bioaccumulation Test Results SEC. 103. MISSOURI RIVER MASTER MANUAL. (Ordered to lie on the table.) None of the funds made available by this for Remediation of the Historic Area Reme- Mr. DOMENICI (for Mr. STEVENS) Act may be used to make final revisions to diation Site in accordance with the New submitted an amendment intended to the Missouri River Master Water Control York-New Jersey Harbor Estuary Program be proposed by him to the bill, H.R. Manual. requirements, as required under the 1996 Comprehensive Conservation Management 4733, supra; as follows: AMENDMENT NO. 4106 Plan. On page 68, line 21 after the word ‘‘pro- Strike section 103 and insert the following: SEC. 1ll. APPROPRIATION FOR ALTERNATIVE gram’’ insert the following: ‘‘; Provided fur- SEC. 103. None of the funds made available NONOCEAN REMEDIATION SITES. ther, That $12,500,000 of the funds appro- in this Act may be used to make final revi- There is appropriated, out of any money in priated herein shall be available for Molec- sions to the Missouri River Master Water the Treasury not otherwise appropriated, to ular Nuclear Medicine.’’ Control Manual— the Secretary of the Army for fiscal year (a) during fiscal year 2001; 2001, an additional amount of $8,000,000 to (b) within six months of the release of the DASCHLE AMENDMENTS NOS. 4112– carry out a nonocean alternative remedi- 4113 draft environmental impact statement on ation demonstration project for dredged ma- the manual; and terial at the Historic Area Remediation Site. (Ordered to lie on the table.) (c) when it is made known to the Federal Mr. DASCHLE submitted two amend- entity or official to which the funds are AMENDMENT NO. 4109 made available that the National Academy ments intended to be proposed by him of Sciences has not completed its study, Mis- On page 53, line 8, after ‘‘facilities’’, insert to the bill (H.R. 4733), supra; as follows: the following: ‘‘, and of which not less than souri River Basin: Improving the Scientific AMENDMENT NO. 4112 $200,000 of funds made available for the Dela- Basis for Adaptive Management, Project On page 47, line 18, before the period, insert Identification Number: WSTB–U–99–06–A. ware River, Philadelphia to the Sea, shall be made available for the Philadelphia District the following: ‘‘, of which $200,000 shall be made available to carry out section 447 of AMENDMENT NO. 4107 of the Corps of Engineers to establish a program to allow the direct marketing of the Water Resources Development Act of Strike section 103 and insert the following: 1999 (113 Stat. 329)’’. SEC. 103. None of the funds made available dredged material from the Delaware River in this Act may be used to make final revi- Deepening Project to public agencies and AMENDMENT NO. 4113 sions to the Missouri River Master Water private entities’’. Control Manual— On page 67, line 4, strike ‘‘Fund:’’ and in- (a) during fiscal year 2001; TORRICELLI (AND OTHERS) sert ‘‘Fund, and of which not less than (b) within six months of the release of the AMENDMENT NO. 4110 $100,000 shall be made available to Western draft environmental impact statement on Biomass Energy LLC for an ethanol dem- the manual; or (Ordered to lie on the table.) onstration project:’’.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8125 NOTICE OF HEARINGS cilitate the interpretation of the his- ized to meet during the session of the COMMITTEE ON SMALL BUSINESS tory of development and use of trails in Senate on Wednesday, September 6, Mr. BOND. Mr. President, I wish to the settling of the western portion of 2000, at 10:30 a.m. to hold a hearing. The PRESIDING OFFICER. Without announce that the Committee on Small the United States; S. 2885, a bill to es- objection, it is so ordered. Business will hold a hearing entitled tablish the Jamestown 400th Com- ‘‘Slotting Fees: Are Family Farmers memoration Commission, and for other COMMITTEE ON INDIAN AFFAIRS Battling to Stay on the Farm and in purposes; S. 2950, a bill to authorize the Mr. GORTON. Mr. President, I ask the Grocery Store?’’ The hearing will Secretary of the interior to establish unanimous that the Committee on In- be held on Tuesday, September 14, 2000, the Sand Creek Massacre National His- dian Affairs be authorized to meet on 1:00 p.m. 628 Dirksen Senate Office toric Site in the State of Colorado; S. Wednesday, September 6, 2000 at 9:30 Building. 2959, a bill to amend the Dayton Avia- a.m. in room 485 of the Russell Senate The hearing will be broadcast live tion Heritage Preservation Act of 1992, Building to mark up S. 611, the Indian over the Internet from our homepage and for other purposes; and S. 3000, a Federal Recognition Administrative address: http://www.senate.gov/sbc bill to authorize the exchange of land Procedures Act and S. 2282, Native For further information, please con- between the Secretary of the Interior American Agricultural Research and tact David Bohley at 224–5175. and the Director of the Central Intel- Export Enhancement Act of 2000 to be ligence Agency at the George Wash- followed by a hearing on S. 2580, a bill SUBCOMMITTEE ON FORESTS AND PUBLIC LAND ington Memorial Parkway in McLean, MANAGEMENT to provide for the issuance of bonds to Virginia and for other purposes. Mr. CRAIG. Mr. President, I would provide funding for construction of In- The hearing will take place on Thurs- like to announce for the public that a dian schools. day, September 14, 2000 at 2:30 p.m. in The PRESIDING OFFICER. Without hearing has been scheduled before the room SD–366 of the Dirksen Senate Of- objection, it is so ordered. Subcommittee on Forests and Public fice Building in Washington, D.C. Land Management of the Committee COMMITTEE ON THE JUDICIARY Because of the limited time available on Energy and Natural Resources. Mr. GORTON. Mr. President, I ask for the hearing, witnesses may testify The hearing will take place on unanimous consent that the Com- by invitation only. However, those Wednesday, September 13, 2000 at 2:15 mittee on the Judiciary be authorized wishing to submit written testimony p.m. in room SD–366 of the Dirksen to meet to conduct a hearing on for the hearing record should send two Senate Office Building in Washington, Wednesday, September 6, 2000, at 10:00 copies of their testimony to the Com- D.C. a.m., in Dirksen 226. mittee on Energy and Natural Re- The purpose of this hearing is to re- The PRESIDING OFFICER. Without sources, United States Senate, SD–364 ceive testimony on S. 2873, a bill to objection, it is so ordered. Dirksen Senate Office Building, Wash- provide for all right, title, and interest SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT ington, D.C. 20510–6150. in and to certain property in Wash- AND THE COURTS For further information, please con- ington County, Utah, to be vested in Mr. GORTON. Mr. President, I ask tact Jim O’Toole or Kevin Clark of the the United States; H.R. 3676, a bill to unanimous consent that the Com- Committee staff at (202) 224–6969. establish the Santa Rosa and San mittee on the Judiciary Subcommittee Jacinto Mountains National Monument f on Administrative Oversight and the Courts be authorized to meet to con- in the State of California; and its com- AUTHORITY FOR COMMITTEES TO duct a hearing on Wednesday, Sep- panion S. 2784, a bill entitled ‘‘Santa MEET Rosa and San Jacinto Mountains Na- tember 6, 2000 at 2:00 p.m., in SD226. tional Monument Act of 2000; S. 2865, a COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without bill to designate certain land of the Na- Mr. GORTON. Mr. President, I ask objection, it is so ordered. tional Forest System located in the unanimous consent that the Com- f mittee on Armed Services be author- State of Virginia as wilderness; S. 2956 PRIVILEGES OF THE FLOOR and its companion bill, H.R. 4275, a bill ized to meet during the session of the Mr. REID. Mr. President, I ask unan- to establish the Colorado Canyons Na- Senate on Wednesday, September 6, imous consent that Peter Washburn tional Conservation Area and the 2000 at 9:30 a.m., in open session to con- and Dan Utech, fellows on the Environ- Black Ridge Canyons Wilderness, and sider the nominations of Lieutenant ment and Public Works Committee, be for other purposes, and S. 2977, a bill to General Peter Pace, USMC for appoint- granted floor privileges during consid- assist in the establishment of an inter- ment to the grade of general and to be eration of H.R. 4733. pretive center and museum in the vi- commander-in-chief, United States Southern Command; Lieutenant Gen- The PRESIDING OFFICER. Without cinity of the Diamond Valley Lake in objection, it is so ordered. southern California to ensure the pro- eral Charles R. Holland, USAF for appointment to the grade of general and Mr. REID. Mr. President, I further tection and interpretation of the pale- ask unanimous consent, on behalf of ontology discoveries made at the lake to be commander-in-chief, United States Special Operations Command; Senator BINGAMAN, that two fellows in and to develop a trail system for the his personal office, Dan Alpert and lake for use by pedestrians and non- and Major General Robert B. Flowers, USA for appointment to the grade of John Jennings, be allowed privileges of motorized vehicles. the Senate floor while the energy and Those who wish to submit written lieutenant general and to be the Chief of Engineers, United States Army. water appropriations bill is the pending statements should write to the Com- business. mittee on Energy and Natural Re- The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without sources, U.S. Senate, Washington, D.C. objection, it is so ordered. 20510. For further information, please COMMITTEE ON FINANCE f call Mike Menge at (202) 224–6170. Mr. GORTON. Mr. President, I ask SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC unanimous consent that the Com- REMOVAL OF INJUNCTION OF SE- PRESERVATION, AND RECREATION mittee on Finance be authorized to CRECY—TREATY DOCUMENT NO. Mr. THOMAS. Mr. President, I would meet during the session of the Senate 106–45 like to announce for the information of on Wednesday, September 6, 2000, for Mr. CRAIG. Mr. President, as in exec- the Senate and the public that a hear- an Oversight Hearing on Upper Pay- utive session, I ask unanimous consent ing has been scheduled before the Sub- ment Limits: Federal Medicaid Spend- that the injunction of secrecy be re- committee on National Parks, Historic ing for Non-Medicaid Purposes. moved from the following convention Preservation, and Recreation of the The PRESIDING OFFICER. Without transmitted to the Senate on Sep- Committee on Energy and Natural Re- objection, it is so ordered. tember 6, 2000, by the President of the sources. The purpose of this hearing is COMMITTEE ON FOREIGN RELATIVES United States: to receive testimony on S. 2749, a bill Mr. GORTON. Mr. President, I ask Convention for International Car- to establish the California Trail Inter- unanimous consent that the Com- riage by Air, Treaty Document No. 106– pretive Center in Elko, Nevada, to fa- mittee on Foreign Relations be author- 45.

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8126 CONGRESSIONAL RECORD — SENATE September 6, 2000 I also ask that the convention be this Convention and that the Senate came a beautiful and prosperous town yet considered as having been read the first give its advice and consent to ratifica- again; time; that it be referred, with accom- tion, subject to a declaration that the Whereas the city of Galveston is this year panying papers, to the Committee on Convention shall not apply to inter- holding a ceremony commemorating the Foreign Relations and ordered to be hurricane, launching educational efforts, and national carriage by U.S. State air- celebrating the rebirth of Galveston after printed; and that the President’s mes- craft, as provided for in the Conven- the storm; and sage be printed in the RECORD. tion. Whereas our Nation, which benefits from The PRESIDING OFFICER. Without WILLIAM J. CLINTON. modern weather technology and the lessons objection, it is so ordered. THE WHITE HOUSE, September 6, 2000. learned from the Galveston tragedy, should The message of the President is as f never cease to improve hurricane forecasting follows: and make life safer and more secure along ORDER OF PROCEDURE—S. 1608 our coasts: Now, therefore, be it To the Senate of the United States: Resolved by the Senate (the House of Rep- I transmit herewith, for Senate ad- Mr. BOND. Mr. President, I ask unan- resentatives concurring), That— vice and consent to ratification, the imous consent that the vitiation order (1) September 8, 2000 is designated as Gal- Convention for the Unification of Cer- with respect to the agreement for con- veston Hurricane National Remembrance tain Rules for International Carriage sideration of S. 1608 be extended until Day; and by Air, done at Montreal May 28, 1999 12 noon on Friday. (2) the President is authorized and requested to issue a proclamation in memory (the ‘‘Convention’’). The report of the The PRESIDING OFFICER. Without of the thousands of Galvestonians and other Department of State, including an arti- objection, it is so ordered. Americans who lost their lives in the dev- cle-by-article analysis, is enclosed for f astating hurricane of 1900 and the survivors the information of the Senate in con- who rebuilt Galveston. nection with its consideration of the GALVESTON HURRICANE f Convention. NATIONAL REMEMBRANCE DAY I invite favorable consideration of ORDERS FOR THURSDAY, Mr. BOND. Mr. President, I ask unan- SEPTEMBER 7, 2000 the recommendation of the Secretary imous consent that the Senate now of State, as contained in the report proceed to the immediate consider- Mr. BOND. Mr. President, I ask unan- provided herewith, that the Senate’s ation of S. Con. Res. 134, submitted imous consent that when the Senate advice and consent to the Convention completes its business today, it ad- earlier today by Senators HUTCHISON be subject to a declaration on behalf of journ until the hour of 9:30 a.m. on and GRAMM. the United States, pursuant to Article The PRESIDING OFFICER. The Thursday, September 7. I further ask 57(a) of the Convention, that the con- clerk will report the concurrent resolu- consent that on Thursday, imme- vention shall not apply to inter- tion by title. diately following the prayer, the Jour- national carriage by air performed and The legislative clerk read as follows: nal of proceedings be approved to date, operated directly by the United States the morning hour be deemed expired, for noncommercial purposes in respect A concurrent resolution (S. Con. Res. 134) the time for the two leaders be re- to its functions and duties as a sov- designating September 8, 2000, as Galveston Hurricane National Remembrance Day. served for their use later in the day, ereign State. Such a declaration is con- and the Senate then resume debate on sistent with the declaration made by There being no objection, the Senate the Daschle motion regarding the Mis- the United States under the Conven- proceeded to consider the concurrent souri River, with 10 minutes equally dition for the Unification of Certain resolution. vided in the usual form prior to a vote Rules Relating to International Car- Mr. BOND. Mr. President, I ask unan- on or in relation to the motion. riage by Air, done at Warsaw October imous consent that the concurrent res- The PRESIDING OFFICER. Without 12, 1929, as amended (the ‘‘Warsaw Con- olution be agreed to, the preamble be objection, it is so ordered. agreed to, the motion to reconsider be vention’’) and is specifically permitted f by the terms of the new Convention. laid upon the table, and any state- Upon entry into force for the United ments relating to this concurrent reso- PROGRAM States, the Convention, where applica- lution be printed in the RECORD. Mr. BOND. When the Senate con- ble, would supersede the Warsaw Con- The PRESIDING OFFICER. Without venes at 9:30 a.m., there will be 10 min- vention, as amended by the Protocol to objection, it is so ordered. utes remaining for closing remarks Amend the Warsaw Convention, done The concurrent resolution (S. Con. with respect to the motion to strike at Montreal September 25, 1975 (‘‘Mon- Res. 134) was agreed to. the Missouri River provision contained treal Protocol No. 4’’), which entered The preamble was agreed to. in the energy and water appropriations into force for the United States on The resolution, with its preamble, bill. Immediately following that vote, March 4, 1999. The Convention rep- reads as follows: a vote will occur on the motion to pro- resents a vast improvement over the li- S. CON. RES. 134 ceed to the China PNTR legislation. ability regime established under the Whereas September 8, 2000 marks the 100th Therefore, two back-to-back votes will Warsaw Convention and its related in- anniversary of the hurricane that struck occur at approximately 9:40 a.m. Fol- struments, relative to passenger rights Galveston, Texas on September 8, 1900, the lowing those two votes, the Senate will in the event of an accident. Among deadliest natural disaster in United States consider the China PNTR bill. It is other benefits, the Convention elimi- history; hoped that agreements can be reached nates the cap on carrier liability to ac- Whereas an estimated 6,000 people died in a on various amendments to the bill and, cident victims; holds carriers strictly few hours in this thriving port of 37,000, therefore, votes can be expected to liable for proven damages up to 100,000 dubbed the ‘‘Wall Street of the West’’ at the occur throughout the day. Special Drawing Rights (approximately dawn of the 20th century; As a reminder, the filing deadline for $135,000) (Special Drawing Rights rep- Whereas vast waves, surging flood waters, and powerful winds of more than 120 miles an all first-degree amendments to the en- resent an artificial ‘basket’ currency hour overtook the town, in an era without ergy and water appropriations bill was developed by the International Mone- radar, satellites, or modern radio, making 6:30 this evening. As a further retary Fund for internal accounting pur- off-shore hurricanes difficult to track; minder, the Senate will continue to poses to replace gold as a world stand- Whereas the residents of Galveston island consider the China trade bill and the ard); provides for U.S. jurisdiction for showed much courage and sacrifice during energy and water appropriations bill on most claims brought on behalf of U.S. the tempest, exemplified by 10 nuns who lost a dual track for the remainder of the passengers; clarifies the duties and ob- their lives along with the 90 children they week, with votes expected throughout ligations of carriers engaged in code- were trying to save at St. Mary’s Orphanage each day. share operations; and, with respect to on the beach; Whereas Galveston never lost her resilient f cargo, preserves all of the significant spirit, built a sturdy 17-foot sea wall that advances achieved by Montreal Pro- ADJOURNMENT UNTIL 9:30 A.M. staved off other fierce hurricanes, pumped in TOMORROW tocol No. 4. millions of tons of sand from the Gulf of I recommend that the Senate give Mexico in order to raise the level of the city Mr. BOND. Mr. President, if there is early and favorable consideration to and its buildings to a safer height, and be- no further business to come before the

VerDate Mar 15 2010 22:47 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD — SENATE S8127 Senate, I now ask unanimous consent IN THE ARMY IN THE ARMY that the Senate stand in adjournment THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT under the previous order. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- TO THE GRADE INDICATED IN THE UNITED STATES ARMY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER UNDER TITLE 10, U.S.C., SECTIONS 531 AND 624: There being no objection, the Senate, TITLE 10, U.S.C., SECTION 12203: at 8:23 p.m., adjourned until Thursday, To be brigadier general To be colonel MERRITT M. SMITH, 0000 September 7, 2000, at 9:30 a.m. COL. BRADFORD C. BRIGHTMAN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICERS FOR APPOINTMENT TO IN THE RESERVE OF THE ARMY TO THE GRADE INDI- THE GRADE INDICATED IN THE RESERVE OF THE ARMY NOMINATIONS CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Executive nominations received by To be major general To be colonel the Senate September 6, 2000: BRIG. GEN. H. DOUGLAS ROBERTSON, 0000 JAMES M. DAVIS, 0000 IN THE NAVY DEPARTMENT OF STATE JEFFREY D. DOW, 0000 JOSEPH R. BIDEN, JR., OF DELAWARE, TO BE A REP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID P. ROLANDO, 0000 RESENTATIVE OF THE UNITED STATES OF AMERICA TO AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES LANNEAU H. SIEGLING, 0000 NAVY, AND APPOINTMENT TO THE GRADE INDICATED THE FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND OF THE UNITED NATIONS. TO THE GRADE INDICATED IN THE UNITED STATES ARMY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 ROD GRAMS, OF MINNESOTA, TO BE A REPRESENTA- UNDER TITLE 10, U.S.C., SECTION 628: TIVE OF THE UNITED STATES OF AMERICA TO THE AND 5035: FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY OF To be admiral To be major THE UNITED NATIONS. JOHN ESPINOSA, 0000 IN THE AIR FORCE VICE ADM. WILLIAM J. FALLON, 0000 IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNITED STATES OFFICER FOR APPOINTMENT TO THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION GRADE INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: 601: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be lieutenant general To be colonel To be lieutenant commander MAJ. GEN. JOHN H. CAMPBELL, 0000 WARREN S. SILBERMAN, 0000 RANDALL J. BIGELOW, 0000

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IN HONOR OF MARY A. PTASZEK Infenium Linden Business and Technology Italian Alps, before she was betrayed and ar- Center. EII, Inc.'s employees, all represented rested in early 1945. HON. DENNIS J. KUCINICH by their respective trade unions, include elec- Mr. Speaker, for over a month and a half, OF OHIO tricians, pipefitters, millrights, and carpenters. she was beaten, burned, electrically shocked IN THE HOUSE OF REPRESENTATIVES Each employee has been incremental in and raped. On April 23, 1945Ðthe very day scheduled for her executionÐshe managed to Wednesday, September 6, 2000 OSHA's evaluation and approval of EII, Inc. OSHA's recognition of EII, Inc. is the result escape with the help of the Italian Resistance Mr. KUCINICH. Mr. Speaker, today I rise to of a special relationship that has developed and two friendly German officers. In the deep honor Mary Ptaszek, a woman who committed between management and employees, a rela- dungeons of her Fascist torturers, where all her life to serving her community and improv- tionship established by the management's hope is lost and only pain and fear live, ing the lives of those who lived in it. commitment has to the safety and health of Ginetta Sagin found her deep and unshakable A dedicated servant to her community Mrs. the hard working men and women at EII, Inc. commitment to human rights. It was there that Ptaszek served as precinct committeewoman In addition, EII, Inc. is the only electrical she found her incredible strength to work tire- for three different wards, and on the Demo- contractor to receive VPP approval, with less lessly on behalf of the downtrodden. When a cratic Executive Committee. A native of Cleve- than 20 construction companies participating guard tossed her a loaf of bread, she found a land, Mrs. Ptaszek committed her life to help- nation-wideÐonly two of which are in New matchbox with a slip of paper hidden inside. ing others. A devoted wife and sibling, Mrs. Jersey. Inscribed on this piece of paper was only one Ptaszek was a lifelong member of St. Barbara Today, I ask my colleagues to join me as I word, which epitomizes her whole life: the Catholic Church where she sang in the choir. honor EII, Inc., a company that truly under- Italian word CoraggioÐCourage. Ginetta later When her mother passed away Mrs. stands the safety needs of its employees, and named the first newsletter for Amnesty Inter- Ptaszek became her family's matriarch, a company that puts people before profits. national Matchbox, reflecting this very moving hosting large family gatherings at her home. f experience. Mrs. Ptaszek's caring touch was extended not After the war, Mr. Speaker, Ginetta attended only to her family but to the greater community IN MEMORY OF GINETTA SAGIN— the prestigious Sorbonne University in Paris. as well. Her devotion to her community was PIONEER HUMAN RIGHTS ACTIV- She continued her study of child development evident as, even her final years, she would IST in 1951 at the University of Chicago, where drive fellow seniors to their medical appoint- she met and married Leonard Sagan, a med- ments or to the shopping centers. HON. TOM LANTOS ical student who later became a public health Through politics Mrs. Ptaszek looked to bet- physician. After living in Washington, DC., ter the lives of those around her. A kind-heart- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Boston and Japan, the Sagans moved to my ed, community minded women Mrs. Ptaszek home state of California in 1968. Leonard Wednesday, September 6, 2000 sought to use politics as a tool of good to cre- Sagan died in 1977. ate better communities. Mr. LANTOS. Mr. Speaker, I wish to call the While living in Washington, DC., Ginetta Mrs. Ptaszek was a kind, dedicated, pas- attention of my colleagues in the House to the began her lifelong work with Amnesty Inter- sionate woman who selflessly gave of herself passing of a dear, dear personal friend and a national, the London-based human rights or- to help others. Mr. Speaker, I ask my fellow true giant in the struggle for human rights. ganization. Ginetta helped found the United colleagues to join me in celebrating the life Just a few days ago, on Friday, August 25, States chapter of this world-wide organization and tremendous accomplishments of this truly Ginetta Sagan died of cancer at the age of 75. and, as its honorary chairwoman, worked tire- remarkable woman who worked tirelessly on I know that all of my colleagues who had lessly for its goals. behalf of others. the good fortune to know and work with her, Mr. Speaker, Amnesty International annually f and I know there are many here today who awards a prize named in Ginetta's honor in IN HONOR OF EII, INC., AT THE share my tremendous feeling of loss for not recognition of her outstanding service and INFENIUM LINDEN BUSINESS only a stalwart defender for human rights and leadership on behalf of women and children's AND TECHNOLOGY CENTER, FOR humanity around the world, but also a true rights. Not surprisingly, as soon as she RECEIVING APPROVAL FROM and wonderful personal friend and outstanding reached the Bay Area in California, she gath- OSHA TO PARTICIPATE IN THE human being. ered like-minded activists and founded Am- STAR VOLUNTARY PROTECTION Mr. Speaker, the President of the United nesty International's Western Regional Office. PROGRAMS (VPP) States appropriately honored the lifetime In addition, Ginetta created the Aurora Foun- achievements of this remarkable woman when dation in order to investigate and campaign HON. ROBERT MENENDEZ he awarded her the Presidential Medal of actively against torture in postwar Vietnam. Freedom in 1994, the highest civilian honor The Foundation continues to play a crucial OF NEW JERSEY our nation can bestow. Throughout her life, role in supporting human rights activists IN THE HOUSE OF REPRESENTATIVES she has brought healing, justice, and mercy to around the world. Wednesday, September 6, 2000 the oppressed and has helped to change the Ginetta also actively campaigned against Mr. MENENDEZ. Mr. Speaker, I rise today thinking of those who are in positions of power human rights abuses in Chile, Greece, Algeria, to honor EII, Inc., at the Linden Business and and authority. Poland, the Philippines and South Africa. In Technology Center, located in Linden, New Born in Milan, Italy, to a Jewish mother and 1971, Ginetta organized a concert in Berkeley Jersey, for its exceptional employee safety Catholic father, Ginetta Sagan first worked to raise funds for political prisoners in Greece. and health programs. against the fascists at the early age of 17, The concert, which featured her friend, folk EII, Inc.'s recent approval for participation in bringing clothes and food coupons to Jews in singer Joan Baez, and Greek entertainer the Occupational Safety and Health Adminis- hiding. Her mother and father were arrested Melina Mercouri, drew some 10,000 people. tration's (OSHA) Voluntary Protection Pro- by Mussolini's Black Brigade in 1943 and did Mr. Speaker, the San Francisco Chronicle, grams (VPP) is a testament to a company that not survive the war. In 1943, GinettaÐand she in its obituary of her published on August 29, puts the well-being of its employees above the almost always went only by her first nameÐ quotes Julianne Cartwright Taylor, chair of careless and irresponsible desire to increase worked as a courier for the Italian resistance, Amnesty International USA Board of Directors: profits at all costsÐrare behavior at a time using her nickname Topolino, or ``Little ``Her [Ginetta's] legacy is a constant reminder when profits often seem more important than Mouse.'' Ginetta was only 5 feet tall, but she that our role is vital, and that without the work people. had the energy and the power of a giant. She of human rights defenders, thousands upon EII, Inc. is an electrical contractor providing helped to transport more than 300 fugitives thousands of individuals would be affected for maintenance and process support at the and thousands of pamphlets through the the worst.''

∑ 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 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.000 pfrm04 PsN: E06PT1 E1398 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 In addition to her outstanding human rights Mr. Takacs, a past president of United Auto the last quarter century to secure the civil work, this energetic woman found time to be- Workers Local 45, has served on the front rights of all Americans. Bill Lann Lee's deep come an accomplished cook and cookbook lines of the battle for working families since and personal commitment to civil rights and author. She taught cooking classes for con- the 1930's. I ask my distinguished colleagues his outstanding record of service make him an gressional spouses and was also an out- to join me in celebrating the life of this truly re- exemplary choice for this critical position. In standing gardener. A species of orchids is markable man, who has dedicated his life to Bill Lann Lee all Americans can rest assured named in her honor. serving others. that they have a true civil rights crusader look- Mr. Speaker, Ginetta Sagan is survived by f ing out for their civil rights, forcefully advo- three sonsÐLoring, Duncan and PicoÐas well cating fair affirmative action policies for all as six grandchildren. SAINT THOMAS EPISCOPAL those discriminated against. The appointment f PARISH GOLDEN ANNIVERSARY of Bill Lann Lee as Assistant Attorney General for Civil Rights brings to this critical position a IN MEMORY OF KENNETH BLAND HON. ILEANA ROS-LEHTINEN proven civil rights leader with a deep and per- OF FLORIDA sonal commitment to protecting the rights of HON. ROBERT W. NEY IN THE HOUSE OF REPRESENTATIVES all Americans. Bill Lann Lee's personal drive in civil rights OF OHIO Wednesday, September 6, 2000 IN THE HOUSE OF REPRESENTATIVES advocacy was fueled by the experiences of his Ms. ROS-LEHTINEN. Mr. Speaker, it is with father, a proud but poor Chinese immigrant. Wednesday, September 6, 2000 great pleasure that I congratulate the mem- Bill Lann Lee grew up knowing his father Mr. NEY. Mr. Speaker, I rise today in members of St. Thomas Episcopal Parish on their fought for freedom abroad in World War II ory of Kenneth Bland, who passed away on 50 years in the South Florida community. St. even though he was denied dignity and free- August 27, 2000. Kenneth was born on June Thomas Episcopal Parish will celebrate its dom here at home because of his ethnicity. In- 11, 1933 in Cadiz, Ohio to George and Ber- 50th anniversary on Sunday, October 1st, with spired by that kind of unshakeable patriotism, nice Bland. commemorative worship service and festivi- Bill Lann Lee set out to establish a legal ca- Kenneth was a retired coal miner with Y&O ties. reer in which he could fight to protect all Coal Company Nelms No. 2 mine near Cadiz. I commend Rev. Roger M. Tobin for his Americans from the kind of discrimination his He served his country in the Army during the selfless work and service to parishioners. He father experienced. Today he says, ``When- Korean war. Kenneth was the father and step- and the members of the parish should be ever I work on cases for women, for minori- father of six wonderful children; James, John, proud to know that they have long served their ties, for individuals who need help, I sincerely Jana, Jennifer, Robert and Lesley. Kenneth's community with selfless devotion and will con- feel that they are people like my father.'' Bill family also included four grandchildren and tinue to do so for the next 50 years. Lann Lee's desire to protect everyone from two stepgrandchildren. It is an honor for me to represent St. Thom- discrimination is a personal one, and it is this Mr. Speaker, it is a privilege for me to pay as Episcopal Parish in the United States Con- kind of commitment that makes him an out- my last respects to a man who gave so much gress. The parish and the members stand as standing choice for Assistant Attorney General of himself to his community, his area and his an example of unity and strength in our com- for Civil Rights. family. Kenneth will be missed by all whose munity and I am proud to offer my felicitations Mr. Speaker, Bill Lann Lee brings a strong lives he touched. I am honored to have rep- today. work ethic and record of service to his new resented him and proud to call him a con- I also want to recognize the parish's 50th position. He who grew up near Harlem's 125th stituent and a friend. Anniversary Committee for their hard work and street, and spent hours sorting piles of dirty f dedication to making the 50th anniversary clothes in his family laundry. He experienced celebration a success. These special individ- racism because of his Asian-American back- IN HONOR OF JOSEPH TAKACS uals include: Committee Chair, Virginia Wheel- ground, but he had the courage and deter- er; and Committee members Virginia Elias, mination to work beyond that bias and excel in HON. DENNIS J. KUCINICH Blossom Hibbe, Jim Karousatos, Bob the classroom. Because of his hard work, he OF OHIO McCammon, Betty Melfa, Pam Normandia, had the opportunity to take advantage of a IN THE HOUSE OF REPRESENTATIVES Sam Normandia, Holly Ostlund, Polly Patter- scholarship for minorities and attended Yale Wednesday, September 6, 2000 son, Diana Propeck, Mary Lou Shad, Roxanne University, graduating Phi Beta Kappa. Singler, Frank Stuart, Susie Westbrook; and He went on to Columbia Law School, where Mr. KUCINICH. Mr. Speaker, today I rise to Honorary member, the Rt. Rev. Calvin O. he studied with Jack Greenberg, a veteran remember Joseph Takacs, a man who de- Schofield, Jr. civil rights lawyer who succeeded Thurgood voted his life to the betterment of mankind, I ask my congressional colleagues to join Marshall as director-counsel of the NAACP and the struggles of those who needed help me in congratulating St. Thomas Episcopal Legal Defense Fund. Because of Bill Lann the most. Parish on its golden anniversary and in wish- Lee's hard work, he received an excellent Mr. Takacs led the autoworkers at General ing the parishioners much continued success education and laid the foundation for an out- Motor's Fisher Body plant in Cleveland for and longevity. standing legal career at the forefront of Civil more than 10 nonconsecutive years in the f Rights advocacy. It is from this position that 1960's and 1970's. A courageous fighter for he has spent the last 25 years continuing to the working man, Mr. Takacs was one of 250 THE APPOINTMENT OF BILL LANN work hard to protect the civil rights of all workers who staged a sit-in at General Motor's LEE AS ASSISTANT ATTORNEY Americans. Cleveland plant that lasted from December GENERAL FOR CIVIL RIGHTS Mr. Speaker, for the past 25 years of his 1936 into February 1937. Through the dedica- distinguished legal career, Bill Lann Lee has tion and determination of Mr. Takacs and his HON. TOM LANTOS been an advocate for civil rights enforcement, striking colleagues a nationwide strike began. OF CALIFORNIA leading the fight for health care accessibility, The strike forced the company to recognize IN THE HOUSE OF REPRESENTATIVES public transportation equity, fair employment the union as a bargaining agent for its hourly and housing rights and school desegregation. employees, even today, considered one of the Wednesday, September 6, 2000 He worked for the NAACP since 1974 and the greatest union victories. Mr. LANTOS. Mr. Speaker, I rise today to Center for Law in the Public Interests since Mr. Speaker, Mr. Takacs was a dedicated applaud to the recess appointment of Bill Lann 1983 where he served for five years as super- man who committed his life to union reform, Lee as assistant Attorney General for Civil vising attorney for Civil Rights Litigation. helping the poor, and fighting for the working Rights. Bill Lann Lee is a true civil rights cru- Among his most noteworthy victories are a men and women of this nation. Mr. Takacs sader, and his appointment reflects the Clin- 1985 case that provided housing for Los An- was an inspirational leader and a mentor for ton-Gore administration's unflinching commit- geles area residents displaced by the Century generations to come. A champion of the ment to protecting the civil rights of all Ameri- Freeway; a 1987 case that broke down bar- causes of working people Mr. Takacs never cans by rigorously enforcing our nation's civil riers to the hiring and promotion of women turned his back on anyone. A leader dedicated rights legislation. and minorities at Lucky Stores, a retail chain to his fellow colleagues, during strikes, Mr. Mr. Speaker, Mr. Lee's personal experi- in California; and a 1991 case that led to the Takacs would beg for food to make sure that ences with discrimination as an Asian-Amer- expansion of California's efforts to screen un- there was always food at the union hall. ican have driven him to fight passionately for derprivileged children for lead poisoning.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.001 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1399 On December 15, 1997, Bill Lann Lee was dedicated her life to improving her community Infenium Chemical Plant, a VPP Star for five appointed Acting Attorney General for Civil and the lives of those who lived in it. years running. EII, Inc.'s employees, all rep- Rights at the Department of Justice. In this po- While Rose was active in her community it resented by their respective trade unions, in- sition, he has worked to strengthen our na- was through politics that she felt that she clude electricians, pipefitters, millrights, and tion's hate crime laws, make society acces- could best help those around her. Rose be- carpenters. Each employee has been incre- sible to Americans with disabilities, fight hous- lieved in politics as a tool to help improve peo- mental in OSHA's evaluation and approval of ing discrimination, and protect reproductive ple's lives. Rose's long and distinguished ca- EII, Inc. health care providers and combat modern day reer in public service started in 1960, as pre- OSHA's recognition of EII, Inc. is the result slavery. His accomplishments as Acting As- cinct committeewoman. Rose went on to serve of a special relationship that has developed sistant Attorney General have been remark- as president of the Garfield Heights Demo- between management and employees, a rela- able, and that taken together with his previous cratic Club and has been a ward leader since tionship established by the management's accomplishments in the NAACP and the Cen- 1981. Rose has also been awarded the dis- commitment has to the safety and health of ter for Law in the Public Interests make him tinct honor of representing her community at the hard working men and women at EII, Inc. an excellent choice for Assistant Attorney every Democratic National Convention since In addition, EII, Inc. is the only electrical General for Civil Rights. 1980. contractor to receive VPP approval, with less Mr. Speaker, Bill Lann Lee has established Born in Cleveland, Rose, before her career than 20 construction companies participating a remarkable record of service as Acting As- in politics, served as a dedicated union mem- nation-wideÐonly two of which are in New sistant Attorney General, and it is most fitting ber throughout her working life. She joined Jersey. that President Clinton made the recess ap- Bakery Workers Local 19, during her six years Today, I ask my colleagues to join me as I pointment of Mr. Lee as Assistant Attorney working for J. Spang Baking Co., then joined honor EII, Inc., a company that truly under- General because of his deep commitment to the Upholsterers Union during her seven years stands the safety needs of its employees, and protecting the civil rights of all Americans. Bill working for Krohler Furniture. Rose went on to a company that puts people before profits. Lann Lee deserves to serve in this position, work for Greyhound Bus Lines, and was a f but more importantly, our country needs to steward in Local 1517 of the Amalgamated have Bill Lann Lee in this post. Transit Union, serving also as president of the IN MEMORY OF MICHAEL ‘‘MITCH’’ Mr. Speaker, I commend President Clinton Greyhound credit union. BOICH, FOUNDER OF THE BOICH for appointing Bill Lann Lee to the post of As- Politics was Rose's true passion. Rose is a COMPANIES sistant Attorney General, and I applaud the true example of how politics can serve the appointment of the first Asian-American to needs of the people, and benefit people's HON. ROBERT W. NEY America's top civil rights post. lives. Rose never turned her back on any of OF OHIO f her constituents. Residents would constantly IN THE HOUSE OF REPRESENTATIVES call her at the home she shared with her fam- HONORING MACLOVIO MARTINEZ Wednesday, September 6, 2000 ily, and Rose would never turn her back on them. If she couldn't help she would find oth- Mr. NEY. Mr. Speaker, I rise today in mem- HON. SCOTT McINNIS ers who could. Rose's life serves as model, to ory of Mitch Boich who passed away on Au- OF COLORADO all, of how politics can be used as a tool of gust 25, 2000. Mitch was the founder of the IN THE HOUSE OF REPRESENTATIVES good, to help the people who often need it the Boich Companies and a man of tremendous Wednesday, September 6, 2000 most. vision who never lost his sense of tradition. Mitch was a native of Steubenville, Ohio Mr. MCINNIS. Mr. Speaker, I would like to Mr. Speaker, on a personal note, I knew who served in the Army after graduating from take this moment to recognize the outstanding Rose, and the dedication, passion, and per- Wintersville High School in 1944. After the service of the Honorable Maclovio Martinez, of sistence that she brought to politics, and her war, he attended the Ohio State University. Costilla County, Colorado. Mr. Martinez is re- life long commitment to helping others has Since the late 1940's, Mitch founded several tiring after two decades of service as Costilla had a profound effect on my life. It is for this successful businesses in construction, coal County Assessor. Before serving the great reason, I ask my fellow colleagues to join me mining and related industries. He and his wife state of Colorado, Maclovio began his public in celebrating the life of this truly remarkable of nearly 50 years, Doris Jean, have three service with the State Department in the For- human being who dedicated her life to helping wonderful children; Michael, Cynthia and eign Service, where he served for eight years others. Betsy and three grandchildren. in Paraguay. f Mitch spent his life serving his community Mr. Martinez's achievements as a public IN HONOR OF EII, INC., AT THE and was well loved and respected by all who servant are many in number. As Assessor, he INFENIUM BAYWAY CHEMICAL knew him. He was a man known for his helped to form the Costilla County Conser- PLANT, FOR RECEIVING AP- pizzazz and his strength. vancy District, serving as its president. He PROVAL FROM OSHA TO PAR- Mr. Speaker, it is a privilege for me to pay also served as a member of the then Colorado TICIPATE IN THE STAR VOL- my last respects to a man who gave so much Gov. Roy Romer's Cost Containment Com- UNTARY PROTECTION PRO- of himself to his community and his family. mittee, as well as Chairman of the San Luis GRAMS (VPP) Mitch will be missed by all whose lives he Valley Health Care Foundation and president touched. I am honored to have known him and of the San Luis Museum. Maclovio has served his community admi- HON. ROBERT MENENDEZ to have been able to call him a friend. rably and has ensured that Costilla County OF NEW JERSEY f and its surrounding communities are a better IN THE HOUSE OF REPRESENTATIVES HONORING ROY MARTINEZ place to live. His outstanding commitment to Wednesday, September 6, 2000 public service will be missed and I wish him Mr. MENENDEZ. Mr. Speaker, I rise today the best in his future endeavors. HON. SCOTT McINNIS to honor EII, Inc., at the Bayway Infenium On behalf of the citizens of Costilla County OF COLORADO Chemical Plant, located in Linden, New Jer- and the United States Congress, Maclovio I IN THE HOUSE OF REPRESENTATIVES sey, for its exceptional employee safety and thank you for your contributions. health programs. Wednesday, September 6, 2000 f EII, Inc.'s recent approval for participation in Mr. MCINNIS. Mr. Speaker, at this time I IN HONOR OF ROSE MARIE the Occupational Safety and Health Adminis- would like to extend my gratitude to the Hon- LOVANO tration's (OSHA) Voluntary Protection Pro- orable Roy Martinez. Mr. Martinez's commit- grams (VPP) is a testament to a company that ment to improving his community through pub- HON. DENNIS J. KUCINICH puts the well-being of its employees above the lic service has made San Luis, Colorado a OF OHIO careless and irresponsible desire to increase better place for everyone who lives there. After donating 26 years to his community, Mr. IN THE HOUSE OF REPRESENTATIVES profits at all costsÐrare behavior at a time when profits often seem more important than Martinez is stepping down from public office. Wednesday, September 6, 2000 people. For over a quarter of a century, Mr. Mar- Mr. KUCINICH. Mr. Speaker, today I rise to EII, Inc. is an electrical contractor providing tinez has generously given of his time and remember Rose Marie Lovano, a woman who maintenance and process support at the personal resources to the citizens of Costilla

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.002 pfrm04 PsN: E06PT1 E1400 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 County. During the past four years he has The Southland YWCA in Middleburg I ask my Congressional colleagues to join served honorably as County Commissioner, Heights, Ohio is commemorating its 40th Anni- me in paying tribute to this devoted spiritual where his diligent work helped to bring the versary on September 8 and 9, 2000. These leader and to express our heartfelt condo- county into this technological age. Before be- two days of celebration should prove to be lences to his family and friends, may they find coming Commissioner, he served as Clerk embraced throughout the community, as peace and comfort in the knowledge that he and Recorder for over two decades, again, women and their families show their apprecia- made significant differences in the many lives with great distinction. tion for an organization that has continually he touched. He will forever be remembered. Mr. Martinez has served his community ad- served the people of its area with a large vari- f mirably and his dedication and drive to suc- ety of beneficial programs. ceed will be missed. In 1960, the Southland YWCA moved to its HONORING PAT LATRONICA Roy, you have made your community, state current location in Middleburg Heights, Ohio, and nation proud. I commend you on your and it has continued to serve families in the HON. SCOTT McINNIS service to the citizens of Costilla County and area ever since. The Southland YWCA serves OF COLORADO I wish you the best in your future endeavors. the Southwest area of Cleveland in the areas IN THE HOUSE OF REPRESENTATIVES f of fitness, child care, and diversity program- Wednesday, September 6, 2000 ming, among many others. It has implemented RELIGIOUS WORKER VISAS Mr. MCINNIS. Mr. Speaker, I would like to many programs and activities for the commu- take a moment to recognize a very distin- nity, including swimming lessons, summer day guished woman, Pat LaTronica of Pueblo, Col- HON. ELTON GALLEGLY camp for children, exercise classes, karate orado. Mrs. LaTronica passed away July 3, OF CALIFORNIA lessons, homemaking lessons, craft classes, 2000 at the age of 62. She was best known IN THE HOUSE OF REPRESENTATIVES divorce support programs, help for battered for her work at a local restaurant as well as women, and even an investment club. Wednesday, September 6, 2000 her charity work. With her warm heart and Through these many services, the YWCA has Mr. GALLEGLY. Mr. Speaker, I would like to great eye for classy fashion, she brought a encouraged women to become activists in express my support of H.R. 1871, the Mother smile to patrons of her restaurant, no matter their own communities. Teresa Religious Worker Act of 1999, by add- their age or background. ing my name as a cosponsor. H.R. 1871 is an I take their opportunity to applaud the fine In addition to her work at the restaurant, important bill that permanently extends the re- service the Southland YWCA has provided to Mrs. LaTronica was also an enthusiastic vol- ligious worker visa program, which is set to Cleveland for forty years because I believe unteer in her community. If it wasn't helping expire at the end of this month. Under the cur- that organizations such as this one are essen- serve holiday dinners to those less fortunate, rent program, 5,000 religious workers enter tial to the development of our communities it was working hard on the board of directors the United States each year to participate in throughout the country. I would like to wish the of the Salvation Army. No matter the time of spiritual and charitable work in communities YWCA the best of luck in the future, and hope year, this wonderful woman could be found throughout our country, including many com- to see the organization commended again bringing smiles to the faces of citizens through munities in my native California. forty years from now. her considerable volunteer efforts. The visa program allows religious organiza- f Mrs. LaTronica brought a spirit of joy to all tions to sponsor non-minister religious workers REVEREND MONSIGNOR GERARD of those around her no matter where or what from foreign countries. These volunteers often T. LA CERRA DISTINGUISHED she was doing. It is this sense of joy and hap- work with our most needy individuals through AND BELOVED CHANCELLOR AND piness that will be missed, but not soon forgot- church programs to ensure they have shelter FRIEND ten. and food. Aside from assisting with the bare Ms. LaTronica was a great citizen and an necessities, they minister to the sick, work even better person. She will be greatly missed with adolescents at risk, and assist refugees HON. ILEANA ROS-LEHTINEN by friends, family and the citizens of Pueblo. and immigrants when they first arrive in the OF FLORIDA f United States. IN THE HOUSE OF REPRESENTATIVES This program is due to expire on September Wednesday, September 6, 2000 IN HONOR OF THE UNION CITY HOUSING AUTHORITY, CELE- 30 of this year. I call upon my colleagues to Ms. ROS-LEHTINEN. Mr. Speaker, it is with extend this religious worker visa program be- BRATING 50 YEARS OF AFFORD- great sadness that I note the passing of Rev- ABLE HOUSING fore this date to avoid any disruption for those erend Monsignor Gerard T. La Cerra, one of seeking to enter our country. South Florida's most beloved and distin- At the same time, both the Department of guished residents. HON. ROBERT MENENDEZ State and the Immigration and Naturalization OF NEW JERSEY With selfless devotion and love, Monsignor Service have expressed concerns that the reli- IN THE HOUSE OF REPRESENTATIVES La Cerra served the Archdiocese of Miami not gious worker visa program is vulnerable to only as its Chancellor from 1978 to 1993, but Wednesday, September 6, 2000 fraud. I share many of these concerns. There- also as a source of strength and inspiration to fore, as this legislation moves through Con- Mr. MENENDEZ. Mr. Speaker, I rise today all who knew him. Although we will all remem- gress, we must address the issues raised by to honor the Housing Authority of Union City, ber his important position in the Church for he the State Department and INS and ensure that New Jersey, celebrating a half-century of pro- was designated as Prelate with Honor with the only those persons who perform religious work viding affordable housing to area families. title of Reverend Monsignor by His Holiness The 50th anniversary of the Union City enter on these visas. Pope John Paul II and was appointed Found- I urge the permanent extension of the reli- Housing Authority is a wonderful cause for ing Supervising Principal of the new Catholic gious worker visa program at the earliest pos- celebration. However, the real celebration lies High School in South Dade, Archbishop Cole- sible date. in the extraordinary success the Authority has man F. Carroll High, we will remember most f achieved in community building, which has led his extraordinary acts of kindness to the peo- to its recognition as one of the top performing IN HONOR OF THE 40TH ANNIVER- ple of South Florida. housing authorities in the nation. SARY OF THE SOUTHLAND YWCA We were fortunate to have Monsignor La This success has been accomplished Cerra and the love and kindness that he ex- through a clear understanding that building HON. DENNIS J. KUCINICH pressed to our community and our church will houses alone will not build communities. Com- OF OHIO forever be remembered and cherished. My of- passion, hard work, dedication, and solid plan- fice and the rest of the South Florida Congres- IN THE HOUSE OF REPRESENTATIVES ning are the heart and mind of the Union City sional delegation had the opportunity to get to Housing Authority, and it is this heart and Wednesday, September 6, 2000 know Monsignor La Cerra more closely and to mind that builds prosperous communities. Mr. KUCINICH. Mr. Speaker, I rise today to restitute some of the work he did for his parish When people envision public housing, they honor the fortieth anniversary of the Southland by organizing an effort to increase public do not envision communities that provide for YWCA. This non-profit organization has been awareness on the need for organ transplant the spiritual and social needs of residents. serving women and their families in the South- and donations. He underwent a successful Most picture dismal, neglected houses, empty west area of Cleveland since 1919, and it de- heart transplant surgery and was able to con- streets, and residents disconnected from the serve our recognition and congratulations. tinue his work in the Archdiocese of Miami. mainstream.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.004 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1401 Public housing has changed because we cause of their efforts, almost all Castro Valley ities ranged from government and public af- have changed. For many years now, the Unified School District students completing fairs issues to corporate responsibilities includ- Union City Housing Authority has had a dif- third grade are at or above reading level, stu- ing equal opportunity employment and minority ferent vision of public housing; and today, that dent achievement is up, literacy attainment is development and corporate philanthropy. vision has touched countless lives, satisfying heightened, and teaching strategies are being LeBaron's impact on the entertainment indus- for many the age-old need for a real homeÐ redefined and better directed. try, however, far exceed his formal titles or po- not just a shelter from the harsh elements. I take great pride in honoring the dedication sitions within the Sony corporate structure. Today, I ask my colleagues to join me as I and professional leadership that St. Mary's From his entry in the music industry as a honor the Union City Housing Authority for its College has taken in establishing this partner- broadcast engineer as well as an on-air per- extraordinary success at providing affordable ship. The partnership has helped expand the sonality and program director at WCHB in De- housing, establishing communities, and chang- role of the public school teacher to a re- troit to a stint as station manager at WDAS in ing lives. searcher, writer, and facilitator and created a Philadelphia to his move into the record busi- f model for successful literacy teacher-training ness with the creation of Revilot Records in programs. I believe that this public-private 1967, LeBaron was a pioneer in the promotion TRIBUTE TO MS. KATHRINE SMITH partnership should serve as a model to school of Black music. He would later move to Atlan- OF MADISON COUNTY, ALABAMA districts and colleges across the country in tic Records in New York City before joining order to create higher standards of literacy CBS Records in 1974. Black Enterprise maga- HON. ROBERT E. (BUD) CRAMER, JR. and literacy education at kindergarten through zine noted that LeBaron ``defined black music OF ALABAMA post-graduate collegiate levels. in the '70's.'' IN THE HOUSE OF REPRESENTATIVES f LeBaron's unique relationships with artists led to his position with CBS Records as the Wednesday, September 6, 2000 HONORING PATTY ARAGON head of their marketing department for Black Mr. CRAMER. Mr. Speaker, I rise today to music. Under his leadership, CBS Records' pay tribute to a wonderful woman in my dis- HON. SCOTT McINNIS Black music Marketing department became trict, Ms. Kathrine ``Kate'' Smith. Today Ms. OF COLORADO the model for the entire industry. Three years Smith celebrates her 94th birthday. For almost IN THE HOUSE OF REPRESENTATIVES later, he became the company's first vice a century, she has graced North Alabama with president of Black Music Marketing, with the her dignified presence and has shared her tal- Wednesday, September 6, 2000 added responsibility of Jazz/Progressive Music ents and gifts with her community. Mr. MCINNIS. Mr. Speaker, I would like to Marketing. LeBaron was recognized by Ebony Ms. Smith's community service accomplish- take this moment to celebrate the wonderful magazine as one of the ``Top 50 Black Amer- ments would fill many a page, so it will suffice life of Patricia Aragon. Mrs. Aragon recently ican Executives in Corporate America'' and, to say that she gives back to her community passed on after a courageous battle with can- most recently, as one of the top Blacks in the tenfold. Ms. Smith has been recognized for cer. entertainment industry. her service with many awards, plaques and Patty was a beloved citizen of Pagosa Throughout his career, he received numer- certificates and thus it is fitting that the United Springs where she and her husband, Ross, ous awards for his public service activities and States Congress join the many others in hon- raised their six children. And with Patty, it was his pioneering efforts in Black music mar- oring her for her full and selfless life. always childrenÐhers and others in her com- keting. A two-time recipient of the Congres- In addition to her outstanding community munityÐthat came first. She served on the sional Black Caucus Chair Award, LeBaron service, she is also a member of First Mis- local school board for over a decade where also received the Chairman's Humanitarian sionary Baptist Church, she sings in the she was proud to pass out diplomas at com- Award from TransAfrica Forum; the NAACP church choir and is a member of the Mis- mencement ceremonies. Everyone who came Corporate Image Award; and awards from the sionary Society, OES (Eastern Star) and The in contact with Patty was instantly overtaken National Urban League; the National Associa- Good Neighbor's Club. with her loving spirit. When she wasn't helping tion of Black Owned Broadcasters; The Black I join Ms. Smith's friends and family who the school system, she could be found serving Entertainment and Sports Lawyers Hall of love her dearly in wishing her a happy and patron's of her restaurant. She and her hus- Fame, the White House Conference on Small healthy 94th year. I thank her for her extraor- band owned Al's and Al's West restaurants Business and The Business Policy Review dinary contributions to our community and where Patty was famous for her chiliburgers Council among many others that are too nu- wish her a well-deserved happy birthday. and homemade tortillas. merous to mention. His civic activities included f Patty Aragon was an incredibly spirited per- board membership with organizations such as son who loved to see others smile. Through the CBC Foundation, the Joint Center for Po- TRIBUTE TO CASTRO VALLEY UNI- her business and public service, she touched litical and Economic Studies Board of Gov- FIED SCHOOL DISTRICT AND ST. the lives of hundreds children and adults alike. ernors and the Rhythm & Blues Foundation. MARY’S COLLEGE SCHOOL OF It is with this, Mr. Speaker, that I say thank Characteristically, the accomplishment of EDUCATION you to this remarkable woman and great Colo- which LeBaron was most proud was his rec- radan. She will be greatly missed, but not ognition by the Black Employees Organization HON. ELLEN O. TAUSCHER soon forgotten. of CBS Inc. for mentoring and fostering the OF CALIFORNIA f growth and development of minorities within IN THE HOUSE OF REPRESENTATIVES the company. LEBARON TAYLOR—A MAN FOR A native of Detroit, LeBaron graduated from Wednesday, September 6, 2000 ALL SEASONS Wayne State University and recently was Mrs. TAUSCHER. Mr. Speaker, I rise today awarded an Honorary Doctor of Law degree to honor an outstanding public-private partner- HON. EDOLPHUS TOWNS from Miles College in Fairfield, Alabama. He ship in my district and all the participants who OF NEW YORK was also a board member of the Grand Boule share a deep commitment for the education of IN THE HOUSE OF REPRESENTATIVES Foundation of Sigma Pi Phi Fraternity and our children. Castro Valley Unified School Dis- chaired its Social Action Committee. He is sur- Wednesday, September 6, 2000 trict and St. Mary's College of California have vived by his wife, Kay Loverlace Taylor, Ed.D. developed and implemented a partnership that Mr. TOWNS. Mr. Speaker, next week the and four children: Eric and Tiffani from his first has led to a comprehensive literacy develop- Congressional Black Caucus Foundation will marriage and his stepchildren, Laura and ment program at kindergarten through post- host its 30th Annual Legislative Weekend. For Jason, from his second marriage. His first graduate collegiate levels. the first time in the history of this event, we wife, Yvonne passed away in January of 1997. I commend St. Mary's College of California will be without our beloved friend, and former The CBC Foundation's Annual Legislative for forming a public-private partnership with CBC Foundation Chairman and board mem- Weekend will be forever changed by the ab- the Castro Valley Unified School District. This ber, H. LeBaron Taylor. LeBaron died from sence of LeBaron Taylor not only because of commitment to the betterment of children and cardiac arrest on July 19th. his dedication to our Weekend's activities, but education by extending professional learning LeBaron was both Senior Vice President for also because of his lasting contributions to the experiences and teaching strategies has Corporate Affairs at Sony Music Entertainment public service work of the Foundation, his greatly increased the school district's ability to and Vice President for Corporate Affairs at friendship and support for CBC Members and deliver a comprehensive literacy program. Be- Sony Software Corporation. His responsibil- his contributions to the Black music industry.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.012 pfrm04 PsN: E06PT1 E1402 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 IN HONOR OF ELLI Alabama. The City of Triana has designated McCoy's Automotive offers foreign and do- STASSINOPOULOS today as ``Clyde Foster Day'' and I want to join mestic car service to its customers. Jim and the City in recognizing their unsung hero. Marie McCoy offer dedication and devotion to HON. DENNIS J. KUCINICH Mr. Foster has dedicated many years of out- their community. OF OHIO standing public service to his community and While building a thriving business, Jim IN THE HOUSE OF REPRESENTATIVES to the entire state of Alabama. He has accu- McCoy also found time to be president of the mulated over fifty years of community service Chamber of Commerce, a City Councilman Wednesday, September 6, 2000 including the twenty he spent as Mayor of the and Santa Paula's mayor. Marie McCoy has Mr. KUCINICH. Mr. Speaker, I rise today to lovely city of Triana. In the position of Mayor, been active with the Brownies, the PTA and celebrate the extraordinary life of Elli Mr. Foster held the city together improving the several other community organizations. To- Stassinopoulos, mother and grandmother, lives of its citizens and making Triana a better gether, they took on many of the community's whose singular, unselfish devotion to her fam- place to work and raise a family. fund-raising needs, most recently the Jim ily and friends places her in that pantheon I wish to take this opportunity to thank Mr. Knight Annual Golf Tournament, which bene- which awaits all those who have made the Foster for his exemplary role as a leader in fits Santa Paula Memorial Hospital. every need of their loved ones a higher cause our community. I join the Governor of Ala- They built a family as they built a family than themselves. ``Angles fly because they bama and the State Senate in commending business. The McCoys started with a two-bay take themselves lightly,'' she would tell her Mr. Foster for his selfless lifetime commitment garage in 1960 and expanded to a three-bay children. Elli's voyage through life was that of to improving his city. As his friends, neighbors garage, with expanded services, three years a lighted persona which the darkness of his- and family join today to honor him, I share later. By 1975, the McCoys had built such a tory could not comprehend, nor could personal their pride in and gratitude for the life and ac- loyal following that they had to move to their tragedy embitter. complishments of their beloved Mr. Foster. On present locationÐan eight-bay garageÐwhere Elli Stassinopoulos knew peril and hardship behalf of the United States Congress, I thank they continue to grow. early in life. Her family fled Russia during the him for a job well done. Mr. Speaker, it is fitting that on the day we 1917 Revolution. She was captured by the f return from our districts, having just celebrated Germans when she joined the anti-Nazi Greek Labor Day, that we honor Jim and Marie A TRUE COLORADO HERO resistance. She surmounted a disappointing McCoy. They epitomize the small marriage. Despite here early travails, she lived businesspersonÐpeople who strive to build each day in simplicity and humility, triumphant, HON. SCOTT McINNIS America's economy while raising strong fami- with a grateful heart and a sense of wonder. OF COLORADO lies with strong ideals. They epitomize the en- She slipped past the would-be conquerors of IN THE HOUSE OF REPRESENTATIVES trepreneur, who takes time from his hectic spirit to establish her domain in the sanctity of Wednesday, September 6, 2000 schedule to serve as an elected official and the home. In it she created magic with food Mr. MCINNIS. Mr. Speaker, I would like to community leader, and who takes time from and philosophy. Her household sustained and take a moment to recognize an extraordinary her hectic schedule to raise funds for nonprofit uplifted body, mind and spirit for her beloved young man, Travis Stout. Travis, a young Cub organizations and serve in our schools. daughters, Arianna, and Agapi and grand- Scout, just recently received the Boy Scouts of Mr. Speaker, I know my colleagues will join daughters Christina and Isabella. America Medal of Merit. It was on November me in congratulating Jim and Marie McCoy for ``From the heirloom carpet spirited out of the 24, 1999 that Travis' quick actions and knowl- 40 years of successful ownership of McCoy Caucasus to her last pair of gold earrings, she edge of emergency actions allowed him to Automotive & Towing, and thank them for a sold everything along the way to pay for our save his father from danger. This lifesaving lifetime of devotion to their community. schooling, sending me to Cambridge, and my award is being presented to a young man that f sister Agapi to the Royal Academy of Dra- not only saved his father, but also exemplified matic Arts. But far beyond an education, she TRIBUTE TO DR. ROBERT J. FISH- the characteristics of what it takes to be a true ER, SUPERINTENDENT, CASTRO gave us what I know is the greatest gift a hero. mother can give her child: her attention, her VALLEY UNIFIED SCHOOL DIS- Travis, his younger brother Allen, and father TRICT energy, her unconditional loving,'' wrote Wayne were checking oil field generators as Arianna in a recent Mother's Day tribute to they often do on weekends. When methanol ``Yaya'' (Greek for grandmother). was blown back out of the line, Wayne was hit HON. ELLEN O. TAUSCHER Yaya's knowledge of the Greek classics, her in the eyes and mouth. Travis, realizing the OF CALIFORNIA stunning eloquence and her joy of living de- danger of the event, quickly flushed out his fa- IN THE HOUSE OF REPRESENTATIVES fined enchantment for all visitors to her home. ther's eyes with water and dialed help. With Wednesday, September 6, 2000 Her life was an unceasing hymn of praise to help unable to reach the area in time, Travis Mrs. TAUSCHER. Mr. Speaker, I rise today her loved ones. And long after her beautiful operated his father's truck and drove to the voice has become a blessed memory, the to honor a very special leader in my district. Utah-Colorado border to meet help. Dr. Robert Fisher has been involved in edu- music of that praise will be felt in the hearts Travis, a ten-year-old, took it upon himself cation for 36 years as a teacher and adminis- of those who loved her so much, and all re- to help his father and in doing so became a trator. As Superintendent, Dr. Fisher has suc- echo in the voices of her daughters and hero of a size much greater than his own. I cessfully worked for the betterment of the en- granddaughters through the years. Great love think we all owe this young gentleman our tire school community. reverberates greatly. congratulations and commendations on this in- Dr. Bob Fisher emphasized increased stu- Mr. Speaker, I ask all Members of the credible feat of heroism. Travis is a true hero dent achievement marked by 95 percent of all House of Representatives to join with me in and an outstanding citizen of our great nation, third graders reading at grade level by the end recognizing the life of Elli Stassinopoulos, a as well as an example for all to follow. of third grade, distinguished performance by woman who exemplified the kind of caring and f devoted love of a mother and grandmother schools on the statewide assessments, and which is cherished and which makes each IN TRIBUTE TO JIM AND MARIE four schools receiving recognition as State home a holy place. MCCOY Distinguished Schools. Dr. Fisher established f a partnership with St. Mary's College, the HON. ELTON GALLEGLY Annenberg Foundation, and the Hewlett Foun- TRIBUTE TO MAYOR CLYDE OF CALIFORNIA dation. These public-private partnerships have FOSTER OF TRIANA, ALABAMA IN THE HOUSE OF REPRESENTATIVES helped Dr. Fisher to better serve the school community and increase literacy rates among HON. ROBERT E. (BUD) CRAMER, JR. Wednesday, September 6, 2000 students. OF ALABAMA Mr. GALLEGLY. Mr. Speaker, I pay tribute I take great pride in honoring Dr. Bob Fish- IN THE HOUSE OF REPRESENTATIVES to Jim and Marie McCoy, who recently cele- er's dedication and leadership. His hard work brated 40 years as owners and operators of has created high standards, rigorous curricula Wednesday, September 6, 2000 McCoy's Automotive & Towing in Santa Paula, and excellent teachers throughout the District. Mr. CRAMER. Mr. Speaker, I rise today to California, a city in my district known for its Under his direction, Castro Valley Unified pay tribute to Mr. Clyde Foster, a resident of world-renowned citrus and hardworking citi- School District has served as a model for my district and the former Mayor of Triana, zens. schools in Alameda County and throughout

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.015 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1403 the State of California. I believe that school best, fairest, and most democratic way to set- After arriving in Huntsville, Mrs. Johnston districts across the country should follow Dr. tle these issues is to conduct a free and fair soon found her niche in working to improve Fisher's example and take the opportunity to plebiscite on the question of independence in this community's public health safety. She learn from his successful and innovative ways. these minority nations. served for 12 years as Executive Director for f In addition to our legitimate nuclear-pro- the North District of the Alabama Lung Asso- liferation concerns, it is important that as the ciation of Alabama. In this position, she took PRESIDENT MUST PRESS world's only superpower, our leaders press the a proactive approach to public health aware- VAJPAYEE ON HUMAN RIGHTS government of India to live up to the demo- ness helping to write and implement the first AND SELF-DETERMINATION cratic standards they proclaim by allowing all Alabama Health Curriculum Guide for schools people within their borders to enjoy basic across the State. Receiving a grant from the HON. EDOLPHUS TOWNS human rights and self-determination. If they do EPA, she conducted the first workshop in OF NEW YORK not do so, we should cut off U.S. aid to India North Alabama to create citizen awareness on IN THE HOUSE OF REPRESENTATIVES and put this Congress on record with a resolu- the need for adoption of the Clean Air Amend- Wednesday, September 6, 2000 tion in support of human rights, self-determina- ment and later served on Alabama's Environ- tion, and nuclear nonproliferation for all the mental Quality Control Board. Mr. TOWNS. Mr. Speaker, next week Indian people of South Asia. Among her numerous community service Prime Minister Atal Bihari Vajpayee is coming f ventures, she shared her talents and gifts with to visit the United States. He will meet with the Symphony Guild originating and chairing several American leaders, including President HONORING CINDY K. BOWEN both the first Symphony Ball in 1964 and the Clinton and perhaps both major-party Presi- first Silver Tea in 1967 for the Youth Sym- dential candidates. When he meets with these HON. SCOTT McINNIS phony. Mrs. Johnston inaugurated several of leaders, they must bring up the issue of OF COLORADO our community's premier charity social func- human rights and self-determination. IN THE HOUSE OF REPRESENTATIVES tions including the Von Braun Center's Beaux India claims to be a democracy, but in truth Wednesday, September 6, 2000 Arts Ball, the Library's ``Vive Le Livre'' and there is no democracy in India. It is a militant Huntsville Hospital Foundation's Celebrity Golf Hindu fundamentalist state. Christians, ,Sikhs, Mr. MCINNIS. Mr. Speaker, I would like to Classic. Muslims, Dalits, and other minorities suffer se- take a moment to honor the service of the I believe this is a fitting tribute for one who vere oppression and atrocities at the hands of Honorable Cindy K. Bowen, of Montrose has dedicated many years to serving the na- Hindu fundamentalists. County, Colorado. Ms. Bowen is retiring after tion and the citizens of North Alabama. I send Just last month, a priest in Gujarat was kid- over a decade of service as County Commis- my congratulations to Mrs. Johnston and her napped, tortured, and paraded through town sioner. Before serving as Commissioner, Ms. family as she accepts the well-deserved Hu- naked by militant Hindu nationalists. The In- Bowen was a Senior Auditor for Dalby, manitarian Award from the Arthritis Foundation dian government has refused to register a Wendland and Company, CPA's, where she of North Alabama. On behalf of the people of complaint against the kidnappers. This is the served as Montrose County's Auditor from Alabama's 5th Congressional District, I join latest act in a campaign of terror against 1978±1987. them in celebrating the extraordinary accom- Christians that has been going on since For years, Cindy has done great service to plishments of a wonderful lady, Mrs. Helen Christmas 1998. This campaign has seen the western Colorado as a Commissioner and, be- Ellis Johnston. murders of priests, rape of nuns, Hindu mili- cause of her distinguished tenure, has re- f tants burning a missionary and his two sons to ceived a number of awards. Among them are death in their van, the destruction of schools CCI Outstanding Freshman Commissioner of IN HONOR OF ST. AUGUSTINE and prayer halls, and other anti-Christian the year in 1989, and CCI Outstanding Com- ACADEMY’S SEVENTY-FIFTH AN- atrocities. Most of these activities have been missioner of the year in 1994. Ms. Bowen's NIVERSARY carried out by allies of the government or peo- service to Montrose County has helped to ple affiliated with organizations under the um- make it a better place for all its citizens. Her HON. DENNIS J. KUCINICH brella of the RSS, the parent organization of outstanding commitment to public service is OF OHIO the ruling BJP, which was founded in support greatly appreciated and will be missed. IN THE HOUSE OF REPRESENTATIVES of Fascism. It is with this, Mr. Speaker, that I congratu- Wednesday, September 6, 2000 Recently, Bal Thackeray, the leader of Shiv late Cindy on her upstanding service as a Sena, a coalition partner of the ruling BJP, County Commissioner and wish her all the Mr. KUCINICH. Mr. Speaker, I rise today to threatened to engulf the country in violence if best in all her future endeavors. celebrate the seventy-fifth anniversary of St. he is held responsible for his part in hundreds f Augustine Academy, an institute devoted to of murders in 1992. In India, democracy ap- excellence in education. The Academy is a parently requires making coalitions with killers. TRIBUTE TO MRS. HELEN ELLIS private, non-profit all-girls high school that pre- The Christians are not the only minority that JOHNSTON OF HUNTSVILLE, AL sents its students with a challenging array of is being oppressed. When President Clinton options. The students of St. Augustine are on visited India in March, 35 Sikhs were mas- HON. ROBERT E. (BUD) CRAMER, JR. a business, college preparatory or general sacred in the village of Chithi Singhpora in OF ALABAMA academic track. Throughout the past seventy- Kashmir. The Indian government killed five IN THE HOUSE OF REPRESENTATIVES five years, this curriculum, by educating thou- Muslims, claiming that they were the individ- sands of young women, has provided an edu- uals responsible for the killings. Later they Wednesday, September 6, 2000 cational program that is personal, academi- were forced to admit that these Muslims were Mr. CRAMER. Mr. Speaker, it is with great cally stimulating and responsible to society's innocent. Now the Indian government has ar- pleasure that I rise today to pay tribute to a needs. rested two more people on the claim that they resident of my district and a dear friend, Mrs. The school was founded in 1925 by the Sis- are responsible for the massacre. Yet two Helen Ellis Johnston. Mrs. Johnston's accom- ters of Charity of Saint Augustine. While the independent investigations have clearly estab- plishments and service to her community Academy is a Christ-centered and family ori- lished that the Indian government itself was would fill many a page. She is greatly loved ented community that reflects a Catholic tradi- responsible for the massacre. How can a and respected throughout the community and tion, students of all races and creeds are ac- democratic nation justify these actions? will be honored by the local chapter of the Ar- cepted and welcomed by the Academy. In this The Sikhs have declared their independ- thritis Foundation with their annual Humani- atmosphere, a strong emphasis is placed on ence from India, forming the new country of tarian award. responsibility, expectations, and initiative. St. Khalistan in 1987. The people of Kashmir A native Kentuckian, Mrs. Johnston is mar- Augustine has stressed the importance of indi- were promised a plebiscite on their future in ried to Mr. William Hooper Johnston. She has vidual attention in education, for the personal 1948, and India promised the United Nations three daughters: Mrs. Patricia Vidler, Ms. concern shown these young ladies is excep- that this referendum would be held as well. Christy Catts, and Mrs. Cathy Nickelson. Mrs. tional. The advanced faculty fosters graduating The people of predominantly Christian Johnston moved to Alabama in 1952. Shortly classes of ``lifelong learners'' who will be fully Nagalim seek their independence. There are thereafter she began the years of nonprofit prepared for their next path in life. several other freedom movements within In- and volunteer service that have been the life- In addition to St. Augustine's reputation for dia's borders. It seems to this Member that the blood of so many organizations. academics, the institution is also known for its

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.019 pfrm04 PsN: E06PT1 E1404 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 service. Educating women in an atmosphere progress has been witnessed in numerous ator is required. Such statements made since of ``In Omnibus Caritas'' (In All Things Charity) areas. The issue of sovereignty of East Jeru- Camp David discussions have aroused con- each student is challenged to grow both men- salem, particularly El Aqsa Mosque, was cern in the Arab community, and the pos- among the outstanding issues. It is espe- sible movement of the American Embassy tally and spiritually through the virtue of serv- cially sensitive to Palestinians. We have to from Tel Aviv to Jerusalem would create an ice. Students of all faiths are encouraged to recognize that the Palestinians were flexible, even greater impediment to further find their unique gifts and use them to help the however, they also have legitimate concerns progress.’’ community they live in. In doing so, St. that are dear to them. Let us look for solutions rather than waste Augustine's has been aiding the communities The issue of Jerusalem remains out- our time and energy trying to find excuses. of Greater Cleveland for seventy-five years, standing, not only for the Palestinians. To As for Egypt’s role, when asked on Israeli and the students, staff, and administrators de- this day, the international community has television about this issue, President Clinton serve to be thanked. not recognized the Israeli occupation of Je- answered ‘‘I think that the truth is that be- rusalem. Numerous United Nations Security cause this had never been discussed before Mr. Speaker, I ask you and our colleagues Council resolutions considered that all legis- between the two parties—and because when to join me in thanking the Saint Augustine lative and administrative measures taken by we went into the negotiations, they were Academy. The school has produced girls who Israel, to change the legal status of Jeru- usually secret or sacrosanct—that I’m not are ready to fulfill their responsibilities to their salem, are invalid and cannot change Jerusa- sure, number one, that they thought they family, community, and the global society. Cel- lem’s status. They urgently called upon knew enough to know what to ask for’’. ebrate with me these contributions the Acad- Israel to rescind all such measures, and to President Clinton also spoke about Egypt’s emy has been providing as the Academy itself desist form further actions changing the sta- role in the peace process in an interview celebrates its seventy-fifth anniversary. tus of Jerusalem. Almost every country in with Al-Hayat Newspaper published Friday the world, including the United States, re- the 11th of August. He said: ‘‘The fact is that f spected those resolutions and have not estab- all that has happened since the original EGYPT’S EFFORTS ON BEHALF OF lished diplomatic Missions to Israel in the Camp David in September ’78, including Ma- Holy City. drid and Oslo, is an indication of the coura- THE CAMP DAVID MIDDLE EAST On the eve of the Madrid Peace Conference geous and visionary policy of Egypt. Egypt NEGOTIATIONS (1991), the basis of the current negotiations, was a pioneer for peace and continues to be the United States reassured the Palestinians a key partner for the United States. We HON. NICK J. RAHALL II that ‘‘The U.S. is opposed to Israeli annex- agree on the fundamentals of the peace proc- ation of East Jerusalem and extension of ess and we will not be able to reach an OF WEST VIRGINIA Israeli law on it and the extension of Jerusa- Israeli-Palestinian agreement on these core IN THE HOUSE OF REPRESENTATIVES lem’s municipal boundaries.’’ This remains issues without close consultations with Wednesday, September 6, 2000 the pronounced U.S. official position today. Egypt. We are engaged in such a process We must not forget that the negotiations today.’’ Mr. RAHALL. Mr. Speaker, I submit into the at the Egyptian-Israeli Camp David summit What more can be said to dispel rumors RECORD a letter from His Excellency Nabil were also about to collapse on how to deal that Egypt and other Arab countries were Fahmy, Ambassador to the United States, rep- with the issue of Jerusalem. Each side stated not helpful to the negotiations in Camp resenting the Arab Republic of Egypt. its position in a letter to President Carter David. Egypt has been a key player in Mr. Speaker, when the Camp David Summit who would provide, for the record, an affir- brokering almost all Palestinian-Israeli ended without an agreement between the mation of the United States stance on Jeru- agreements, and has taken an active role in salem. In his letter, dated September 22, 1978, leaders of Israel and Palestine, a vigorous the pursuit of a just, lasting and comprehen- President Carter asserted: ‘‘The position of sive peace settlement. When faced with a cri- campaign was activated to paint an arbitrary the United States on Jerusalem remains as sis or a stalemate in any Arab-Israeli nego- picture of what supposedly went wrongÐto stated by Ambassador Goldberg in the tiations, the parties and the United States the effect that Mr. Arafat was intransigent, had United Nations General Assembly on July 14, always turn to Egypt for fair and objective rejected all proposals put before him, and was 1967, and subsequently by Ambassador Yost advice. One recent example was the Sharm el supported in this intransigence by Egypt and in the United Nations Security Council on Sheikh Summit in September 1999. Saudi Arabia. July 1, 1969.’’ The two statements unequivo- It is noteworthy that Prime Minister cally declared that: Barak sent an envoy to Cairo even before I firmly believe that Egypt's response to ‘‘The United States considers that the part those arbitrary and much publicized charges leaving the U.S. and then proceeded himself of Jerusalem that came under the control of to Cairo to meet President Mubarak after his will go far to put a better light upon what, in Israel in the June (1967) War, like other areas return to the region, as did President Arafat. truth, occurred. I submit for the RECORD the occupied by Israel, is occupied territory . . . In the meantime, contacts between Egyptian August 17, 2000 letter I have received from The actions of Israel in the occupied por- and American officials continued in search Ambassador Nabil Fahmy on this subject, and tion of Jerusalem . . . give rise to under- of ways to overcome this impasse; Ambas- commend it to my colleagues for their close standable concerns that the eventual disposi- sador Walker, the Assistant Secretary of consideration. tion of East Jerusalem may be prejudiced State for Near Eastern Affairs went to Cairo and the rights and activities of the popu- where he met with President Mubarak and EMBASSY OF THE lation are already being affected and altered. conferred with Foreign Minister Moussa to ARAB REPUBLIC OF EGYPT, (The United States) government regrets Washington, DC, August 17, 2000. coordinate both countries’ efforts. President and deplores this pattern of activity, and it Clinton has recently corresponded with Hon. NICK RAHALL, has so informed the government of Israel on Rayburn House Office Building, President Mubarak and Secretary Albright numerous occasions since June 1967. has since then called Foreign Minister Washington, DC. (The United States) has consistently re- Moussa. As always, we are now examining DEAR CONGRESSMAN RAHALL: To follow fused to recognize these measures as having avenues of working with Palestinians and upon the latest summit negotiations at anything but a provisional character and do Israelis to give a creative boost to the nego- Camp David, I would like to share with you not accept them as affecting the ultimate tiating process. some of my thoughts. status of Jerusalem.’’ It is a difficult task before us, let us focus As soon as the Camp David summit ended Forcing a compromise on the Palestinians our efforts on finding a truly historic com- without an agreement, a vigorous campaign would ultimately mean the postponement of promise to finally bring peace between Pal- painted a subjective picture of what went the end of the conflict and would plant the estinians and Israelis. I look forward to wrong in the 14 days of closed negotiations. seeds for a bloodier confrontation between working with you toward this objective. In short, the story was that Arafat had been future generations. We have learned, the Sincerely, intransigent, had rejected all proposals, and hard way, that military superiority and NABIL FAHMY, was encouraged by Egypt and Saudi Arabia. ‘‘qualitative edges’’ have never prevented Ambassador. These accounts overlook how far the Pales- wars nor provided security, and will never tinian position had moved over the last few do. We have no alternative but to reach a f years. By accepting the 1967 borders, Pal- comprehensive Palestinian-Israeli peace ac- estinians had already compromised on about cord, including Jerusalem, and to reach it HONORING DONNIE SPARKS 80% of what many in the region believe to be now, to bring to a final close the Pales- the land of historic Palestine. Also, at Camp tinian-Israel conflict. David it was reported that they further In a NY Times Op-Ed article on August 6, HON. SCOTT McINNIS agreed to an exchange of land leaving some 2000, President Carter wrote: ‘‘Accolades for OF COLORADO settlements under Israeli sovereignty. They one side and condemnation of the other is al- IN THE HOUSE OF REPRESENTATIVES have accepted intrusive security measures to ways a political temptation after an unsuc- Wednesday, September 6, 2000 satisfy Israeli concerns. No one underscored cessful effort, but this makes it very dif- that Arafat compromised on many issues. ficult to orchestrate future negotiation ses- Mr. MCINNIS. Mr. Speaker, I would like to While many issues remain outstanding, sions where mutual confidence in the medi- congratulate Donnie Sparks, of Canon City,

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.022 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1405 Colorado, for his outstanding career in the Bu- AAA State Coach of the Year and was in- the Corps of Engineers in Huntington, West reau of Land Management. Mr. Sparks served ducted into the Alabama High School Sports Virginia on August 1, 2000 after dedicating 39 diligently as field office manager for nearly two Hall of Fame in 1999. years, 11 months and four days to the Corps. decades. His efforts have been instrumental in In additional to his exceptional professional I salute Louise Stefanelli Simmons for her designing State and Federal partnerships that contributions to our area, Dr. McCoy has given lifelong dedication to her husband and son have become eminently successful within the of himself and his talents serving as President Alan, as well as her devotion to duty through- Bureau. of the Rotary Club of Sheffield and President out her service with the U.S. Army Corps of Before his distinguished career with the of the Chamber of Commerce of the Shoals. Engineers. Her professionalism as well as her BLM in Colorado, Donnie worked as assistant He has also served as Chairman of the Board commitment to family and community are an manager for the Bureau in Alaska where he of Trustees of the Medical Center Shoals and outstanding example of family values and helped to manage the entire northwest corner the Chairman of the Board of Directors of the good citizenship. of the state. After moving to Colorado, Shoals Economic Development Authority Louise was born in Newark, New Jersey of Donnie's hard work paid off in contributions among many others. Italian immigrant parents, one of four children. that will live on in Colorado for many decades Throughout his life, Dr. McCoy has set a After graduating from Newark Prep with an as- to come. Along with the Colorado Department great example of how one person can make a sociate degree in business, Louise worked as of Corrections, Mr. Sparks helped to develop huge difference in his community. I want to a civilian for the U.S. Army Corps in Newark the very successful wild horse program that congratulate him on his well-deserved retire- during World War II, where she met her future has been in place for nearly 15 years. Donnie ment. I understand his family and friends are husband Howard ``Red'' Simmons. Upon her also worked to form yet another State and gathering tonight to celebrate his service to marriage, she left family and friends in New Federal partnership with the Colorado Depart- the school at a dinner in his honor and I join Jersey to marry ``Simmy'' as she called him, ment of Parks and Outdoor Recreation cre- them in wishing him the best. On behalf of the moving with him to Huntington, West Virginia. ating the Arkansas Headwaters Recreation people of Alabama's 5th Congressional Dis- Louise remembers the ``culture shock'' when Area, which has become the most rafted river trict, I commend him for his tireless efforts for she first visited downtown HuntingtonÐthe girl in the country. the students of Northwest Alabama. from the ``big city''Ðthere was no comparison. It is with this, Mr. Speaker, that I say thank f Early on in her marriage to ``Simmy'', she you to Donnie for his hard work and service IN HONOR OF PUERTO RICO ON helped him run their restaurant, the Corral over the years. Donnie's distinguished career ITS CONSTITUTION DAY Drive-Inn near Marshall University, then got has been quite remarkable and has had a her real estate license so she could help him positive impact on Colorado that will not soon HON. DENNIS J. KUCINICH in his real estate development business. In addition to helping out with the restaurant be forgotten. He has worked hard to improve OF OHIO our great state and for that I thank him. IN THE HOUSE OF REPRESENTATIVES business and her husband's real estate inter- I wish him the best in all his future endeav- ests, Louise worked several years for an in- ors. Wednesday, September 6, 2000 surance company before coming to the Corps f Mr. KUCINICH. Mr. Speaker, I rise to honor of Engineers in 1963, Beginning in the typing the citizens of Puerto Rico on Constitution pool before becoming secretary to the Chief of TRIBUTE TO DR. LARRY WYMAN Day, July 25, 1999. The people of Puerto Rico Engineering, she later became the secretary MCCOY OF THE SHOALS, ALABAMA established Constitution of the Commonwealth to the Colonel in charge of the Huntington of Puerto Rico for the very same reasons our Corps, where she remained for nearly four HON. ROBERT E. (BUD) CRAMER, JR. forefathers wrote the Constitution of the United decades. OF ALABAMA States of America, to establish themselves as Louise will spend much of her retirement IN THE HOUSE OF REPRESENTATIVES a democracy. time as a long-time booster of Marshall Uni- The Puerto Rican Constitution ensures Wednesday, September 6, 2000 versity's sports activities, especially the foot- basic welfare and human rights for the people, ball team, and attending the sporting events Mr. CRAMER. Mr. Speaker, I rise today to ensconces the idea of a government which re- involving her two grandchildren, Mark 14 and pay tribute to an intellectual treasure of my flects the will of the people, and pays tribute Elizabeth 12. district, Dr. Larry McCoy of Northwest-Shoals and loyalty to the Constitution of the United Louise loves to travel, back to New Jersey Community College. Dr. McCoy has excelled States of America. with family and friends. Early this summer she in all facets of academia. As a student, he cul- The Puerto Rican culture is a distinctly took a 2-week vacation to Italy, to revisit the tivated a love of learning through his time at unique culture. By pledging allegiance to the history of her parentage, and to steep herself the University of Alabama, Athens College and Constitution of the United States of America, in the culture and traditions of her parents' Nova University. His almost 40 year career in the people of Puerto Rico celebrate shared homeland. education includes positions all across the beliefs and the coexistence of both cultures. Other retirement activities will include her state of Alabama as a teacher, coach, athletic By ratifying their own Constitution, the people dedication to walking (twice around Ritter Park director, Dean of Admissions and President of of Puerto Rico retain and honor their original at least 5 days a week), watching old movies, a college. He served as Dean of Admissions heritage while expressing the desire to pursue and perfecting her Italian cooking. Louise is an before becoming Dean of Student Develop- democracy and happiness for themselves. active member of Johnson Memorial United Mr. Speaker, I would like to recognize the ment at Athens State from 1983 to 1987. Dr. Methodist Church, the Women's Club of Hun- following individuals for their contributions to McCoy began his time in the Shoals at Muscle tington, and participates in the Professional the Greater Cleveland: Rev. Tomas Acevedo, Shoals Technical College but under his lead- Secretaries Association. Dr. Barbara Bird-Bennet, Lcdo. Jose Feliciano, ership and with his keen vision and by adding I wish all the best for Louise, her husband, Ray Galindo, Barbara Gill, Magda Gomez, programs and consolidating campuses, the son Alan and her grandchildren as she em- Chris Hernandez, Vivian Riccio, Aurea Rivera, Technical College grew to become today's barks upon her Golden Years giving all her Diana Del Rosario, Ramon Torres. I hope that thriving Northwest-Shoals Community College uninterrupted energy and love to her family, to my fellow colleagues will join me in honoring with campuses in Muscle Shoals and Phil her church, and to the community to which these individuals and praising the Puerto Campbell. she has already contributed so abundantly Rican people as they celebrate Constitution His distinguished reputation as an throughout her remarkable life in her adopted Day. academian is supported by the numerous State of West Virginia. f presentations he has made to groups such as f the National Managers Association and the TRIBUTE TO LOUISE STEFANELLI National Conference on Teaching Excellence SIMMONS HONORING BASIL T. KNIGHT and his position as co-editor of the Alabama College System Professional Development HON. NICK J. RAHALL II HON. SCOTT McINNIS News. OF WEST VIRGINIA OF COLORADO Dr. McCoy has served as a role model for IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES his students for nearly forty years. He has always upheld the position of the scholar athlete Wednesday, September 6, 2000 Wednesday, September 6, 2000 coaching 9 All-American and 17 All-State foot- Mr. RAHALL. Mr. Speaker, I rise in tribute to Mr. MCINNIS. Mr. Speaker, it is with great ball players. He has been named Alabama Louise Stefanelli Simmons who retired from sadness that I now honor an extraordinary

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.009 pfrm04 PsN: E06PT1 E1406 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 human being and great American, Basil T. PROPOSED TRIBUTE TO LIEUTEN- the Santa Ana River, and data collection skills, Knight. Mr. Knight was an educator that ANT COLONEL DOUGLAS E. the students also have a public property ac- changed the lives of literally thousands of WADE, UNITED STATES AIR cess permit to carry-out mitigation of Arundo young men and women over his more than FORCE, ON THE OCCASION OF Donax, Castor Bean, and Tamarisk. Students seven decades as an educator in western Col- HIS RETIREMENT have applied their knowledge to effectively clear the area of Arundo Donax, an introduced orado. As family, friends, former students and HON. JOHN JOSEPH MOAKLEY species of bamboo that was threatening native colleagues mourn this profound loss, I would plants, build and install bluebird boxes, and like to honor this truly great American. OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES educate others about the Santa Ana River. Mr. Knight was an individual that reached Ms. Warhurst and Mrs. Stumpf have show- Wednesday, September 6, 2000 out to help every human being that he came cased and furthered the work of their students in contact with. As an educator, countless stu- Mr. MOAKLEY. Mr. Speaker, I rise today to through various community partnerships. The dents in District 51 have been affected by this pay tribute to Lieutenant Colonel Douglas E. Orange County Park Service and the Orange County Flood Control District have served as remarkable man and each are better off be- Wade as he prepares to culminate his active duty career in the United States Air Force. advisors. Students have also worked with offi- cause of his service. Basil began his leg- Doug is the epitome of an outstanding officer cials at the City of Yorba Linda and a local bat endary educational career as a substitute and leader. biologist. teacher at Mount Lincoln School near Pali- Lieutenant Colonel Wade began his career `Ònce Upon a River'' has been a success. sade, Colorado, in 1923. He went on to be- more than 20 years ago as an enlisted soldier After five years and 10,080 volunteer hours come Principal only a year later. In 1925, Basil in the Army. He then received his direct com- provided by 280 students, an acre of the high- became a math teacher at Grand Junction mission as a second lieutenant in the Air ly invasive `Àrundo Donax'' has been com- High School where he remained for over three Force. A law graduate of Ohio State Univer- pletely removed along the Santa Ana River. decades. As remarkable as his teaching ca- sity, as well as the Air Command and Staff Ms. Warhurst and Mrs. Stumpf have been recognized by the Orange County Board of reer was, his immense impact upon the com- College, Doug Wade has met the many challenges of military service as an Air Force Offi- Supervisors, the Placentia Yorba Linda Unified munity continued long after he left the class- School Board, and the Points of Light Founda- room. cer, and has faithfully served his country in a variety of command and staff assignments. tion. Mr. Knight was elected County Supervisor Doug concludes his career as the Director Mr. Speaker, I ask that this House please of Schools in 1965, which placed him in for House Affairs in the Office of the Assistant join me in recognizing, honoring and com- charge of over 40 schools within the county. Secretary of Defense for Legislative Affairs; he mending Ms. Warhurst and Mrs. Stumpf for As supervisor, he continued to work to ensure was instrumental in advising the Defense De- their creativity, leadership, and commitment to their students. that the children in his community would re- partment leadership on a broad range of na- f ceive the best education possible. His commit- tional security issues of immediate interest to ment to education earned him not only the Ed- Congress. Doug's personal rapport with the A TRIBUTE TO NICK ROMANO ucator of the Year award in 1974 from the House leadership and Members of Congress was vital in ensuring Department of Defense Colorado Education Association, but also the HON. GERALD D. KLECZKA programs were clearly presented and soundly District 51 staff development center now bears OF WISCONSIN defended on Capitol Hill. IN THE HOUSE OF REPRESENTATIVES his name. Employees and visitors alike are re- Mr. Speaker, service and dedication to duty minded of his unmatched commitment to edu- have been the hallmarks of Lieutenant Colonel Wednesday, September 6, 2000 cation every time they set foot in the Basil T. Wade's career. He has served our nation and Mr. KLECZKA. Mr. Speaker, I rise today in Knight Center. the Air Force well during his years of service, tribute to my good friend and a life-long sup- Mr. Knight's passion for serving children ex- and we are indebted for his many contribu- porter of working men and women, Nick Ro- mano, who retired July 1, 2000 after 42 years tended well into his golden years. In fact, he tions and sacrifices in the defense of the United States. I am sure that everyone who of dedicated service to and membership in the played an instrumental role in the passage of has worked with Doug joins me in wishing him United Auto Workers (UAW). a recent school bond initiative that helped im- and his family health, happiness, and success Nicholas Romano was hired in 1958 at the prove a number of existing schools in the in the years to come. Milwaukee manufacturing plant of American Grand Junction area and build two new ones. f Motors. Throughout his years at the American The passing of this bond was the answer to a Motors Body Plant, Chrysler and the UAW, wish he made on his 100th birthday. Beyond HONORING DONELDA WARHURST Nick has been a progressive advocate for his his brick and mortar contributions to School AND LIZ STUMPF OF YORBA union brothers and sisters, his neighbors and LINDA, CALIFORNIA District 51, Mr. Knight's legacy will also endure community. A selfless leader, Nick seized in his five A's philosophy (attendance, attitude, every opportunity available to express the attention, achievement and ABC's), a philos- HON. GARY G. MILLER opinions of organized labor to his elected officials locally, on the state level and nationally. ophy still used by the district today. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Nick organized and participated in many Former State Senator Tilman Bishop, in a grass-roots lobbying efforts to bring labor-re- Wednesday, September 6, 2000 recent article in the Grand Junction Daily Sen- lated issues and concerns into the limelight. tinel, helps to sum up the impact Basil had on Mr. GARY MILLER of California. Mr. Speak- The union membership granted Nick many his community: ``Many generations have and er, it is with great pleasure that I honor official duties, including group steward, head will benefit from Basil T. Knight, to say he was Donelda Warhurst and Liz Stumpf, teachers at steward, benefits representative, chair of the a unique person is an understatement. Thank Bryant Ranch School, in Yorba Linda, Cali- bargaining committee, member of the Local 75 fornia. Ms. Warhurst and Mrs. Stumpf are you Basil for all you stood for and believed Executive Board (culminating in the last 15 more than just educators; they are passionate, years as Local President), member of the na- in.'' inspiring leaders who encourage their students tional UAW negotiating team for the Mr. Speaker and fellow colleagues, as you to reach beyond the walls of the classroom in DaimlerChrysler national contract negotiations can see, this extraordinary human being truly their pursuit of knowledge. and a seat on the Wisconsin State UAW CAP deserves our gratitude and our thanks. It is in- Ms. Warhurst and Mrs. Stumpf spearheaded Executive Board until his retirement last dividuals like Basil who are committed to the award-winning `Ònce Upon a River'' cur- month. bettering the lives of America's youth through riculum. `Ònce Upon a River'' is an integrated, It will be literally impossible to replace Nick both education and public service that make cross curriculum approach that allows stu- Romano and forget all that he has done and our great country what it is today. Basil T. dents to learn more about the Santa Ana meant to the UAW in southeastern Wisconsin, River while simultaneously mastering grade- the Midwest and our nation. But let each and Knight may be gone, but his proud and distin- level skills in language arts, math, science, so- every one of us learn from Nick's four dec- guished legacy will long endure. cial studies, and the arts. ades' worth of leadership to step up and do America is most assuredly a better place for In addition to studying the chemistry and bi- the best we can to live by his example. May having known Basil T. Knight. ology of the water, the historical importance of God bless you Nick, Judy and your family.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.010 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1407 Nick will be honored by UAW International that changed the Act to treat ``sound record- school programs are an excellent, well-proven Representatives, Region 4 and Local Rep- ings'' as ``works made for hire.'' Without the way to keep teens from engaging in criminal resentatives, his family and many friends at a benefit of Committee hearings or other debate, activities. The time between school bells and retirement dinner Saturday, September 9 in that change effectively terminated any future dinner bells presents the most risk to our Milwaukee. I personally extend my thanks and interest that artists might have in their sound young people, and in an age when most par- well wishes to Nick for all that he's done. recordings and turned them over permanently ents are unable to stay home with their chil- f to the record companies. dren, we must provide safe and productive ac- Fortunately, all of the interested partiesÐthe tivities for our youth. The Kirkland Teen Cen- HONORING ROBERT STANTON Members, the recording artists, and the re- ter is a perfect example of a safe, after-school cording industryÐafter hearing testimony at a center, and I believe Congress would do well HON. SCOTT McINNIS Subcommittee hearing now agree that the pro- to promote more centers like this one around OF COLORADO vision must be struck, that we must return the the country. IN THE HOUSE OF REPRESENTATIVES law to where it was on November 28, 1999, All of the youth that volunteered their time to the day before the amendment passed into plan, or serve on this center's Board of Direc- Wednesday, September 6, 2000 law, so that artists' authorship rights are pre- tors and Advisory Board, deserve our praise Mr. MCINNIS. Mr. Speaker, it is with great served. for their hard work and selfless dedication to sadness that I wish to take this moment to I am pleased that the recording industry has their community as a whole. I ask all of my recognize the remarkable life and achieve- worked diligently with the recording artists to colleagues to join me in congratulating every- ments of one of Colorado's leading public reach agreement on how to do just that. Ar- one involved in the Kirkland Teen Center for servants, Robert Stanton, who recently passed rived at after several months of negotiations, a job well done. away. As family, friends, and neighbors mourn this bill ensures that we return to status quo f his passing, I would like to honor this great ante on ``sound recordings'' with respect to Coloradan. whether and under what circumstances they IN HONOR OF JIMMY SIMS, ROB- For the better half of a decade, Mr. Stanton are considered ``works made for hire.'' The bill ERTSON COUNTY, KY FIRE- served faithfully as the president of the is retroactive to the date section 1011(d) was FIGHTER Bonfils-Stanton foundation. This foundation enacted. As such, this bill will function as if was established in 1962 by Charles Edwin section 1011(d) never existed; the artists and HON. KEN LUCAS Stanton following the death of his wife, Mary industry have the same rights now that they OF KENTUCKY Madeline Bonfils, and is devoted to the ad- did on November 28, 1999. IN THE HOUSE OF REPRESENTATIVES vancement of philanthropic causes. Robert I ask my colleagues to support this com- Wednesday, September 6, 2000 has made numerous contributions to many or- promise legislation. Vote ``Yes'' when it comes ganizations, including the University of Colo- Mr. LUCAS of Kentucky. Mr. Speaker, I rise before the full House. today in recognition of Mr. Jimmy Sims, who rado Health and Sciences Center and the Uni- f versity of Denver Biological Sciences Depart- recently retired as Fire Chief of the Robertson ment where he created an endowment. in A TRIBUTE TO KIRKLAND TEEN County, KY Fire Department. Mr. Sims' retirement wraps up nearly a half- honor of Ira E. Cutler. CENTER century of dedicated service to his community. Robert had an extremely distinguished pro- He is the only surviving founding member of fessional career working for the American So- HON. JAY INSLEE the volunteer department, which was started in ciety of Mechanical Engineers, the Board of OF WASHINGTON 1951. Mr. Sims served as chief from 1975± Examiners for Engineers and Land Surveyors, IN THE HOUSE OF REPRESENTATIVES 1999. Another example of his extraordinary the National Society of Professional Surveyors Wednesday, September 6, 2000 level of dedicationÐhis home served as the Inc., the American Institute of Chemical Engi- county fire dispatch center for 24 years. From neers, as well as supervising fieldwork for oil Mr. INSLEE. Mr. Speaker, we hear so much 1969±1993, he took emergency calls and dis- companies in Colorado, Oklahoma and Texas. these days about the problems plaguing today's young people that sometimes the patched crews from his home. Mr. Stanton's life was one of distinction both Mr. Sims helped his neighbors countless professionally and in the realm of public serv- positives are drowned out. Therefore, I rise today to publicly recognize the Kirkland Teen times over the years, responding to round-the- ice. clock calls for help, saving lives and protecting In addition to his distinguished professional Center. I will be attending the center's groundbreaking ceremony this Saturday, and I property. career, Mr. Stanton still found time to serve I rise today to commend Chief Sims for his want to take a moment to make my col- his community and state and that is why his commitment to helping his neighbors in Rob- leagues aware of this extraordinary center, memory will live on in the minds of many. I am ertson County. I ask all my fellow Members of created by our youth for our youth. confident, Mr. Speaker, that in the face of this Congress to join me in commending this fine The center's operating partner, Friends of loss, family and friends can take comfort in the public servant, and wishing him well in his re- Youth, is a local non-profit agency with nine- knowledge that each is a better person for tirement. teen locations throughout King and Snohomish having known him. f He will be greatly missed. Counties. The Friends of Youth's mission is to: f develop, provide and advocate services for HONORING JOHNNETTE PHILLIPS children, youth, their families and communities INTRODUCTION OF THE ‘‘WORK that encourage individual growth and promote MADE FOR HIRE AND COPY- HON. SCOTT McINNIS constructive relationships. OF COLORADO RIGHT CORRECTIONS ACT OF Mr. Speaker, that mission will be the guiding IN THE HOUSE OF REPRESENTATIVES 2000’’ force behind this drug-free and alcohol-free youth center. The center will include a coffee Wednesday, September 06, 2000 HON. JOHN CONYERS, JR. shop with a teen manager, provide poetry Mr. MCINNIS. Mr. Speaker, I would like to OF MICHIGAN classes, as well as provide a state of the art take this moment to honor the distinguished IN THE HOUSE OF REPRESENTATIVES recording studio, a modem photography lab, service of the Honorable Johnnette Phillips of and a graphic art/animation technology station. Eagle County, Colorado. Johnnette is retiring Wednesday, September 6, 2000 Moreover, the center is being built from the as Eagle County Commissioner after serving Mr. CONYERS. Mr. Speaker, I am pleased ground up and will connect with the Kirkland admirably for nearly a decade. Her out- to join with subcommittee ranking Member Senior Center, allowing for intergenerational standing commitment is unparalleled and her HOWARD BERMAN and subcommittee chairman programs and events. The center allows teens contributions immeasurable. HOWARD COBLE to introduce the ``Work Made to develop positive relationships with peers For Johnnette, serving her community for Hire and Copyright Corrections Act of and adults, and parents to have the security in comes naturally. Before serving as commis- 2000,'' which strikes ``sound recordings'' from knowing their child is spending time at a safe sioner, she used her natural leadership ability the definition of ``work made for hire'' in sec- place. as Eagle County Clerk and Recorder, serving tion 101 of the Copyright Act. I hosted three informative town meetings in for nearly 15 years. Beyond her efforts as This bill undoes an amendment to the Copy- my district last year about the need for after- Clerk and Recorder and Commissioner, right Act made last November, an amendment school programs. I strongly believe that after- Johnnette has helped advance the cause of a

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.031 pfrm04 PsN: E06PT1 E1408 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 number of worthy organizations, serving as program co-hosted by all of these organiza- THE FIRST CONGREGATIONAL President and Second Vice President of Colo- tions. CHURCH OF SAGINAW rado Counties, Inc., Northwest Colorado I ask my colleagues to join me today in Council of Governments Executive Board and commending Robert Anguiano for his accom- HON. JAMES A. BARCIA President of both the American Legion Auxil- plishments and his quiet leadership in the OF MICHIGAN iary and the Colorado State Association of classroom and on the tennis court, and in IN THE HOUSE OF REPRESENTATIVES County Clerks and Recorders. commending the Hispanic Heritage Awards for Johnnette's drive and determination has not Wednesday, September 6, 2000 their efforts in rewarding the excellence only improved her local community, but also Mr. BARCIA. Mr. Speaker, I rise today to among our young people. earned her national recognition. Ms. Phillips praise and give thanks to the First Congrega- received the well-deserved honor of being tional Church of Saginaw for the devotion its f named among Who's Who in U.S. Executives members have shown to the community, serv- in 1995 and Who's Who in Women Executives A TRIBUTE TO A VETERAN, HERB ing as a beacon of hope to those mistakenly in 1996. What' more, her service has won her KING sounding the death knell for a vibrant city on the admiration of an entire community. the cusp of a renaissance. On behalf of the State of Colorado and the The church's story is one of survival and United States Congress, Johnnette, I thank perseverance through many struggles, toils you for your service and wish you the very HON. BOB FILNER and tears. Members first gathered together in best in your future endeavors. Your immense OF CALIFORNIA 1857, constructing the present church building contributions to Eagle County will not be soon IN THE HOUSE OF REPRESENTATIVES in Romanesque Revival style in 1868 with forgotten. plans by Detroit architect Gordon W. Lloyd. A f Wednesday, September 6, 2000 fellowship hall, school wing, the Bethlehem Chapel and the former Mary E. Dow House TRIBUTE TO ROBERT ANGUIANO Mr. FILNER. Mr. Speaker, I rise today to designed by Alden B. Dow were added later. recognize Mr. Herb King who is being honored Visitors to First Congregational cannot help HON. SOLOMON P. ORTIZ on September 8th at the California Gay Vet- but cast an awestruck eye on its elegant OF TEXAS erans Memorial Dinner as the winner of the beauty and the inspiration its sanctuary gives IN THE HOUSE OF REPRESENTATIVES Sheila Kuehl Leadership Award. to all who stand in it. The original sanctuary Wednesday, September 6, 2000 Herb is a long-time friend. He was born in windows were replaced with magnificent September, 1918 and graduated from the Bos- stained glass, adding a special touch to the Mr. ORTIZ. Mr. Speaker, I rise to pay tribute stately 1913 Louis Comfort Tiffany window in to Robert Anguiano of Corpus Christi's Tuloso- ton Latin School, the oldest public school in the United States. He attended the University the north transept. The church, a bulwark Midway High School, for winning the Hispanic ever-changing, did more building and restora- Heritage Awards Foundation National Youth of Massachusetts in Amherst and graduated from the Massachusetts Institute of Tech- tion in 1973 following a fire that destroyed the Award for Sports. This young man has an sanctuary roof. enormous amount of discipline and endur- nology in June, 1940 with a Bachelor of Science Degree in Biology and Public Health. Churches, however, are more than bricks ance. and mortar. First Congregational members Robert has accomplished a great deal in the He went on active duty as a reserve Army have included names familiar to Saginaw's field of sports and academics, and I am proud Second Lieutenant in October of 1940. When history, such as Morley, Wickes and Frank An- that he was chosen for this honor. Robert is Pearl Harbor was attacked the following De- dersen. Today's members continue to take a in the top 20% of his class, an athlete-scholar cember, he volunteered for field duty, served lead-by-example approach by participating in with a litany of associations including honors in the North African and Italian campaigns, PRIDE, the East Side Soup Kitchen, Hidden clubs, leadership awards and community serv- and reached the rank of Major and a Battalion Harvest, Habitat for Humanity, the Saginaw ice. He is precisely the sort of young person Commander. Community Foundation, the Saginaw Choral that the Hispanic Heritage Awards Foundation At the Quartermaster Subsistence Research Society and many other groups. With an an- seeks to reward. Laboratory in Chicago, Herb developed the nual Musical Arts Concert, they also offer an Robert has an unusual determination. This ear-pleasing addition to the city's cultural became particularly evident when he badly formula for a concentrated ration that was designated as the ``K'' Ration, based on his bounty. hurt his knee while playing tennis. He went Recently, the church agreed to provide col- through two and one half months on crutches last name. After World War II, he became an industrial engineer in the food industry, de- lege scholarships to all incoming Central Inter- and hours of physical therapy. His doctors told mediate School sixth-grade students who him he could play tennis again, but would not signing food processing plants. He retired over 20 years ago. graduate from high school and go on to col- be competitive due to the seriousness of the lege. injury. He did not let their admonitions deter Herb has been on the executive board of Mr. Speaker, this clearly is a church that him from his game. the California Democratic Party, twice a dele- has taken its Christian mission to heart by not Robert won this award, not because he had gate to the Democratic. National Convention, abandoning Saginaw, but instead acting as a a particularly good year, but because he has a member of the Gay, Lesbian and Bisexual good neighbor in finding ways to improve the been a steady, reliable athlete and has always Veterans of America since it was founded in lives of its residents. been in it for the long haul. His coach credits 1990, and a founding member and participant f him with holding his tennis team together dur- of the Federation of Gay Games. He was one ing a transition and leading them to the re- of four gay and lesbian veterans who partici- HONORING THE 75TH ANNIVER- gional level. pated in a nation-wide bus tour in 1993, pro- SARY OF THE JACKSON COUNTY This young man is more than an athlete; he moting equal rights for gays and lesbians in LEAGUE OF WOMEN VOTERS is a scholar, a young leader in his school and military service. Herb currently writes a regular community, and he volunteers his time to column for the San Diego Gay and Lesbian HON. JERRY F. COSTELLO teach tennis to younger people in the commu- Times and is a member of the San Diego Gay OF ILLINOIS nity. He is a National Honor Society member, and Lesbian Band. IN THE HOUSE OF REPRESENTATIVES captain of his tennis team, and has a grade The Sheila Kuehl Leadership Award that point average of 3.74. Wednesday, September 6, 2000 Herb is receiving is named for California State The Hispanic Heritage Awards celebrates Mr. COSTELLO. Mr. Speaker, I rise today to the achievements of outstanding Hispanic Assemblymember Sheila Kuehl. The proceeds ask my colleagues to join me in honoring the Americans in the arts, literature, leadership, from this Memorial Dinner will be dedicated to 75th anniversary of the Jackson County education and sports. The awards program building California's first Lesbian Gay and Bi- League of Women Voters. provides an important service to the commu- sexual Veterans Memorial in Palm Springs. The League of Women Voters of the United nity and youth by profiling Hispanic American As a Member of the House Veterans' Affairs States was formed in 1920 by suffragettes role models. The awards, which are endorsed Committee, I am pleased to recognize Herb who wanted to ensure that the newly enfran- by 34 national Hispanic organizations who King for his military service to our nation and chised women would be informed about the serve as the nominating committee, is the only for his friendship and support. voting process and about how to vote. Five

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K06SE8.012 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1409 years later, a group of women in Jackson The Violence Against Women Act, H.R. leagues to join with me in saluting this monu- County began a league locally. 1248, was reported out of the House Judiciary mental achievement. For 75 years the Jackson County League of Committee on June 27, 2000. With 216 co- St. Andrew's was founded in 1850, three Women Voters has helped all voters, men and sponsors, H.R. 1248 enjoys strong bipartisan months before California was admitted as the women, to prepare for elections. The League support. It reauthorizes current VAWA grant 31st state to the Union. It is the first African has held demonstrations on how to vote, programs for 5 years, makes targeted im- Methodist Episcopal Church and the first Afri- sponsored forums for candidates to explain provements, and adds important new pro- can-American religious congregation estab- their views and published election guides. For grams. several decades, League members have The passage of the Violence Against lished on the Pacific Coast of the United served in Jackson County as deputy reg- Women Act in 1994 was one of the greatest States. istrars, registering voters at local events and accomplishments of the 103rd Congress and In the beginning, a small group of wor- stores. the Clinton Administration. Since 1995, VAWA shipers gathered in Sacramento at the home The League believes in open and account- grants have provided a major source of fund- of Daniel Blue. Under the leadership of Barney able government. Locally, it promoted the City ing for national and local programs to reduce Fletcher, this group would form the church that Manager form of government for the City of rape, stalking, and domestic violence. The would later be known as St. Andrew's A.M.E. Carbondale and has studied the profes- 1994 Act bolstered the prosecution of child Church. In the fall of 1850, Reverend Isaac sionalization of and the various forms of both abuse, sexual assault, and domestic violence Owen, pastor of the Seventh Street Methodist city and county government. For many years cases; provided services for victims by funding Episcopal Church, participated in the formal before the advent of the Open Meetings Act shelters and sexual assault crisis centers; in- organizing of the church. which requires that public bodies post agen- creased resources for law enforcement and das and hold open meetings, the League sent prosecutors; and created a National Domestic The first trustees, James R. Brown, John observers to many public meetings as a re- Violence Hotline. Barton, George Fletcher, John L. Wilson, and minder to public officials about the citizens VAWA has made a difference in the lives of Chesterfield Jackson purchased part of the lot whom they serve. millions of women, but we need to do more. in the square between G and H Streets. At The Jackson County League of Women Vot- We must ensure that we adequately address this site, the first church was erected and ers has also helped to desegregate the the needs of all victims of domestic violence named the Methodist Church of Colored Peo- schools, integrate the neighborhoods, develop and sexual assault including immigrant ple of Sacramento. In 1851, the members of recycling and other environmental programs, women, older women, women with disabilities, the church petitioned the Indiana Conference create standards for large scale livestock and women of color. We must help women for admission to the African Methodist Epis- farms and ensure the safety of the drinking who are trying to escape domestic violence by copal Church and officially became the Bethel water. The League has also published a guide providing transitional housing and legal assist- African Methodist Church. Later in the 19th to mental health services in the County and a ance services. century, the church acquired its current name, booklet about county offices. Nationally, the H.R. 1248 vastly improves VAWA by St. Andrew's African Methodist Episcopal League has studied issues as wide-ranging as strengthening the existing provisions and by Church. national security, urban transportation and adding new provisions to address dating vio- St. Andrew's has been a pioneer in orga- health care. lence, reach underserved populations, facili- nizing an educational and religious haven for Currently, the League of Jackson County is tate enforcement of state and tribal protective people of color. In 1854, the first A.M.E. Sun- working to break the cycle of violence in chil- orders nationwide, provide transitional hous- day School in the far west was organized. dren by ending aggressive behavior in ing, create programs for supervised visitation schools, a project through the local health de- and exchange for children, develop training This also became the site of the first public partment. It is examining the forms of election programs on elder abuse for law enforcement school organized for children of African, Asian, of Illinois State legislators and promoting cam- personnel and prosecutors, provide civil legal and Native American descent. In 1855, the paign finance reform. The League sponsors a assistance funds, strengthen the National In- church was the site of the first statewide con- series of talks by local county officials on local stant Criminal Background Check System, and vention of the colored citizens of California. issues. It is studying the need for a new Coun- more. This was the first organized political activity by ty Courthouse and other facilities. The League Passage of the Violence Against Women people of African descent in California aimed is also encouraging voters to take a friend to Act has been identified as the top priority of at securing citizenship rights. vote, as a means to encourage citizens to the Congressional Women's Caucus. It is cer- During the following years of westward ex- vote. The League of Women Voters adheres tainly one of my top priorities. pansion in the United States, St. Andrew's be- to the belief that democracy is not a spectator I urge the leadership to schedule a vote on came a pivotal point in the far west for African sport. this vital legislation within the next ten days. Methodism, and it hosted numerous political, The League of Women Voters is open to The Senate is ready to vote on its VAWA bill. secular, educational, and cultural activities for men and women, at least 18 years of age. We must be ready to go to conference and to African Americans. The church helped to de- The League is non-partisan, but involved in send this bill to the president before the 106th velop educated and trained leaders of the Afri- many efforts in our communities. Always, the Congress adjourns. can American community, even before the end focus of the League is encouraging active cit- We cannot in good conscience go home to of slavery. izen involvement and participation in the com- our districts without acting on this critical legis- munity and in the government. lation, which so strongly impacts the safety Today, St. Andrew's continues to shine as a Mr. Speaker, I ask my colleagues to join me and well being of women and children pillar for the community. In 1995, the church in honoring the men and women of Jackson throughout our nation. was recognized as a California Registered County on the occasion of the 75th anniver- f Landmark for being the oldest African-Amer- sary of the Jackson County League of Women ican Church on the Pacific Coast. For 150 Voters. TRIBUTE TO ST. ANDREW’S AFRI- years, the church has admirably served the f CAN METHODIST EPISCOPAL ethnically diverse Sacramento community. CHURCH IN SUPPORT OF VAWA Mr. Speaker, as the exceptional people of REAUTHORIZATION HON. ROBERT T. MATSUI St. Andrew's African Methodist Episcopal Church gather to celebrate their 150th anni- OF CALIFORNIA versary, I am honored to pay tribute to one of HON. PATSY T. MINK IN THE HOUSE OF REPRESENTATIVES Sacramento's most outstanding institutions. OF HAWAII Wednesday, September 6, 2000 Throughout their proud history, the people of IN THE HOUSE OF REPRESENTATIVES Mr. MATSUI. Mr. Speaker, I rise in tribute to St. Andrew's have maintained an impressive Wednesday, September 6, 2000 St. Andrew's African Methodist Episcopal tradition of service to the African-American Mrs. MINK of Hawaii. Mr. Speaker, I rise Church of Sacramento. On October 1, 2000, community and other minority communities in today to urge the leadership of the House of St. Andrew's will be celebrating its 150th anni- greater Sacramento. I ask all my colleagues to Representatives to schedule floor action on versary. It is the oldest church of its kind on join with me in wishing the people of St. An- the reauthorization of the Violence Against the Pacific Coast. As the Congregation mem- drew's continued success in all their future en- Women Act (VAWA), which expires this year. bers gather to celebrate, I ask all of my col- deavors.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.038 pfrm04 PsN: E06PT1 E1410 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 SALUTE TO BEVERLY ANN KING Speaker Thomas Foley to a four year term as Richard was Chairman of the Board of Em- 2000 MINORITY ENTERPRISE DE- a member of the United States Glass Ceiling pire Nissan, Romero Motors Corporation, VELOPMENT REGIONAL MINOR- Commission. Jeep/Chrysler/Plymouth of Ontario, Toyota of ITY ADVOCATE OF THE YEAR She is on the Corporate Advisory Board and Glendale and J. McCullough Corporation. He a member of the Black Business Association; had served as a board member of the Cali- HON. JULIAN C. DIXON the Asian Business Association; the National fornia Motor Car Dealers Association and the OF CALIFORNIA Association of Minority Contractors of South- Chairman of the Board and CEO of IN THE HOUSE OF REPRESENTATIVES ern California; and Women Construction Ex- Acquirecorp's Norwalk Auto Auction, Oremor ecutives of Los Angeles. In addition, she has Management & Investment Company and Wednesday, September 6, 2000 served on the Advisory Board of the UCLA Oremor Development L.L.C. Mr. DIXON. Mr. Speaker, I am pleased to Graduate School of Business. Furthermore, Richard received several awards within the salute my constituent and my friend, Beverly she is chair of the Legislative Task Force of industry, including Chrysler Corporation's Ann King, who is being singled out for her Black Women's Forum and serves on the ``Five Star Award for Excellence'' and Nissan's enormous contributions to minority entre- Board of Black Women of Achievement. President Inner Circle Award. In 1987, he was preneurs with the National Minority Enterprise Mr. Speaker, Beverly A. King is indeed a honored as the only Californian to receive the Development (MED) Week Award, which will woman of achievement. The fruits of her la- Import Car Dealer of Distinction Award. He be presented to her in Washington, DC, on bors bear witness through the growth of the was also the winner of the Time Magazine's Wednesday, September 27, 2000. Each year, many successful MBE/WBE/DBE's engaged Quality Dealer Award and named Mr. Hispanic the President of the United States designates today in businesses throughout the Los Ange- Business Man of the Year, 1985. one week as Minority Enterprise Development les community. It is a pleasure to publicly In addition to being listed in ``Who's Who in (MED) Week to honor outstanding members of commend her, and to extend heartfelt con- California'', he was also named 1987 Humani- the business sector. I am proud to note that in gratulations to her on the high honors she is tarian of the Year by the Alliance of Latino addition to being a recipient of the national so deservedly receiving at this time. On behalf Business Association. He served with the Award, Beverly also received the Region IX of the residents of the 32nd Congressional Deukmejian administration as a California MEDWeek Award at a luncheon in her honor District of Los Angeles, I thank her and wish Transportation Commissioner. He also served on Thursday, August 31, 2000, and on her continued success in the future. on the Board of Governors of Opportunity Wednesday, October 18, 2000, will be hon- f Funding Corporation, a nonprofit, Washington, ored with the local Los Angeles MED Week D.C. based organization, which helps minority Award, at a luncheon in her honor at the Los TRIBUTE TO THE LATE RICHARD members start and/or expand small busi- Angeles Convention Center. D. ROMERO nesses. Additionally, he worked closely with President and Chief Executive Officer of King Juan Carlos of Spain when he served on BAK Management, Beverly King is recognized HON. JOE BACA the Board of Governors for Expo '92 in Seville. nationally for her expertise in the OF CALIFORNIA Richard was the founder and former chair- conceptualization and implementation of pro- IN THE HOUSE OF REPRESENTATIVES man of the board of directors of Empire Bank grams benefitting minority, women, and dis- Wednesday, September 6, 2000 and also served for over 20 years on the advantaged business (MBE/WBE/DBE) own- Board of Trustees for the University of La ers. She has been a much sought after advo- Mr. BACA. Mr. Speaker, it is with regret and Verne, which chose him for their 1998 Presi- cate for minority entrepreneurs for nearly two deep sadness that I announce the passing of dent's Award. Additionally, he served on the decades, as she has worked to ensure partici- Inland Empire businessman, philanthropist, Board of Governors for the Rose Institute of pation and parity for MBE/WBE/DBE enter- and community leader Richard Romero, at the Claremont McKenna College. The Romeros prises in government and business contracting age of 64. had the honor of meeting and hosting several opportunities. As an expert in the field of MBE/ Richard demonstrated vision and entrepre- dignitaries and celebrities in their home includ- WBE/DBE programs, she is a frequent lecturer neurial spirit in the Inland Empire for over 30 ing Chief of Staff Howard Baker under Presi- and conducts seminars and training programs years, opening his first dealership, Pomona dent Ronald Reagan, Former Governor Pete into the concepts and skills necessary for a Valley Datsun, in 1970. Today his business in- Wilson, Lord Roger Keyes, Sir Julien and successful minority business program. terests include 8 automobile franchises, a Lady Ridsdale, and heavy weight champion Ms. King founded Beverly A. King (BAK) wholesale auto auction and a real estate com- George Foreman. He had also met and con- Management Consulting in July 1986. Her nu- pany. ferred with Presidents Reagan, Bush, Ford merous clients have included the City of Los Throughout the years, Richard had a large and Carter. Angeles, Bunker Hill Tower, the Southern Cali- presence in the Inland Empire, both as a busi- Richard is survived by his wife Val; son fornia Gas Company (now SEMPRA Energy), nessman and community leader. He believed R.J.; two daughters Valerie and Christina; and and Turner Construction. She continues to that what makes this country great is our indi- four grandchildren with one on the way. represent Turner Construction, serving as the vidual commitments to philanthropies. Richard will be missed by family and friends company's Community Affairs Director and Richard and his wife of 38 years, Val, spon- alike. He touched us all with his kind deeds MBE/WBE/EEO Administrator. sored and supported many service organiza- and leadership in our community. Prior to establishing BAK Management Con- tions and programs for children including: an f sulting, Beverly served six years as Equal Op- annual Christmas Choral Competition which portunity Manager for the Federal Highway awards monetary grants to 5 area high U.S. SHOULD SHOW SOLIDARITY Administration (FHA) in Los Angeles. Her du- schools, a Christmas Program which provides WITH IRANIAN RESISTANCE ties included overseeing all civil rights/EEO gifts for over 300 foster children, Assistance activities associated with the construction of League of Pomona Valley, Kiwanis, Ontario HON. JAMES A. TRAFICANT, JR. Los Angeles' Century Freeway project, and Chamber of Commerce and National Charity OF OHIO serving as the FHA's representative on the League. IN THE HOUSE OF REPRESENTATIVES Century Freeway Affirmative Action Com- Richard was born in rural Socorro, New mittee. Mexico, September 4, 1935, son of Clara and Wednesday, September 6, 2000 During the early years of her career, Beverly James Romero. He began working at age 9 Mr. TRAFICANT. Mr. Speaker, Mohammad worked in our nation's capital for Senator washing cars and working in a service station. Khatami, the president of Iran, is scheduled to Ralph Yarborough of Texas and Congress- He earned a bachelor's degree in Business speak at the United Nations' Millennium Sum- woman Yvonne Brathwaite Burke of Los An- Administration, and for 6 years served our mit in New York today. More than 10,000 Ira- geles. She attended Prairie View A&M College country in the Army Reserve Tank Corps. He nian-Americans protested yesterday in front of in Texas, Howard University in Washington, then worked as assistant auditor for the state the United Nations saying that Khatami does DC, and earned undergraduate and graduate of New Mexico. not represent the Iranian people, and should degrees from Pepperdine University in Los He moved to Los Angeles to work as an not be speaking at this summit. Angeles. auditor for 20th Century Fox, at which time he Unfortunately I was not able to join U.S. The recipient of numerous awards and hon- also began his career in the retail auto busi- Senator ROBERT TORRICELLI, and my col- ors, including the President's Award presented ness when he bought a small gas station from leagues in the House, CAROLYN MALONEY, by the Black Business Association of Los An- which he began refurbishing and selling used GARY ACKERMAN, and GREGORY MEEKS at this geles, in August 1992 she was named by cars. impressive rally. But, Mr. Speaker, I want to

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.040 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1411 voice my strong support for the 10,000 Ira- tion. Her service to the Asian-American com- nization and served actively as its first presi- nian-Americans who were in front of the UN munity is virtually without peer. She has been dent to see its success. He was also active in yesterday rallying for freedom and democracy my confidant and advisor on issues of impor- many other local agricultural and community in Iran. The crowd was chanting yesterday tance to her for decades. based organizations, including the 4-H, Little that the true representative of the Iranian peo- In short, Mary is one of my favorite people League, and the Sober Graduation program. ple is the National Council of Resistance of and I am delighted to ask my colleagues to Mr. Gill was also a Premier Sponsor and ac- Iran, and its president-elect, Maryam Rajavi. I join me in saluting herÐfor her outstanding tive member of the King City Chamber of couldn't agree more. achievements, for her dedicated work, and for Commerce and Agriculture. And, in a tribute The United States should not be supporting her charm and her delightful personality. I am befitting a figure such as Mr. Gill, last Feb- Khatami. He is not the reformer the press has very proud to have Mary as my friend. ruary, more than 900 people came together to made him out to be. The fact is, under f honor him as King City's ``Citizen of the Year'' Khatami, Iran's human rights record has got- for 1999. This event, besides celebrating the ten worse. Under Khatami, Iran continues to PERSONAL EXPLANATION accomplishments of Mr. Gill, also raised be an aggressive supporter of international $375,000 to fight ALS and included a speech terrorism. The fact is, the Khatami presidency HON. WILLIAM L. JENKINS of tribute by actor Clint Eastwood, another has brought more misery and despair to the OF TENNESSEE Monterey County resident. Iranian people. IN THE HOUSE OF REPRESENTATIVES John Gill was a man of much accomplish- I would like to send this message to all the ment, even tending to all of his farming duties Wednesday, September 6, 2000 world leaders attending, the summit: support up until the end of his life. He was a role the Resistance's call for democracy in Iran Mr. JENKINS. Mr. Speaker, I was not model for so many of our nation's farmers and and ban tyrants like Khatami from the UN. present to cast my votes on rollcall votes 443± citizens in general, and he will be sorely f 450. Had I been present, I would have voted missed by his wife Pam Gill; his parents Jack aye on rollcall No. 443, aye on rollcall No. and Augusta Gill of Paso Robles; his sons TRIBUTE TO MARY MIYASHITA 444, aye on rollcall No. 445, aye on rollcall Francis Gill of King City, Jared Gill of Hollister No. 446, aye on rollcall No. 447, aye on roll- and Bret Davis of Salinas; and his sisters HON. HOWARD L. BERMAN call No. 448, nay on rollcall No. 449, and aye Melinda Stewart of Paso Robles and Jeannine OF CALIFORNIA on rollcall No. 450. Mansfield of Burke, Washington. IN THE HOUSE OF REPRESENTATIVES f f Wednesday, September 6, 2000 IN HONOR OF MARION’S IN HONOR OF JULIAN ‘‘RICH’’ Mr. BERMAN. Mr. Speaker, I rise today to CONTINENTAL RESTAURANT RICHARDSON pay tribute to Mary Miyashita, who will be recognized as the Special Honoree for Lifetime HON. JERROLD NADLER HON. BARBARA LEE OF CALIFORNIA Achievement at a reception held by Asian OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Week on August 13, 2000. This event will IN THE HOUSE OF REPRESENTATIVES honor the Asian and Pacific Islander American Wednesday, September 6, 2000 Wednesday, September 6, 2000 Delegates to the Democratic National Conven- Ms. LEE. Mr. Speaker, I rise today to pay tion 2000. Mr. NADLER. Mr. Speaker, I rise today to homage and tribute to a great community Mary and I have been friends for 25 years recognize the 50th anniversary of the opening leader and mentor. Julian ``Rich'' Richardson, and I am delighted to join her many admirers of Marion's Continental Restaurant. Since an honorable member of the Oakland/San in honoring her lifetime of selfless and ener- 1950, Marion's has been a culinary delight for Francisco Bay Area community, and a great getic service to the Asian-American commu- all New Yorkers. The savory continental cui- distributor of knowledge to the human family, nity and to the Democratic party. I know of no sine served at Marion's is some of the city's passed away Monday, August 21, 2000. one who has been more generous with her finest. I am thrilled that Marion Nagy came to It was an honor and privilege to have known time, energy, money and even her home, than this country to live the American dream and, this incredible man, whom I called my friend. Mary has been in the pursuit of justice and in doing so, has endeared Marion's to the One of eight children, Rich put himself through equal opportunity for every individual. hearts of New Yorkers. Restaurants come and school at the Tuskegee Institute, founded by Mary has served on a plethora of civic orga- go in New York City, but Marion's has en- Booker T. Washington, working nights and nizations. She has been a board member of dured for half a century. This is a true testa- weekends at a print shop. He studied under the ACLU, the League of Women Voters, ment to the superb quality and hospitality the famous scientist George Washington Women for Peace, the PTA and the Whittier available at Marion's. Carver, and earned a degree in Lithography. Area Fair Housing Committee. She was a Mr. Speaker, I salute Marion's Continental While at Tuskegee Institute he married his founding member of the Advisory Board of Restaurant and I urge my colleagues to join beautiful and brilliant wife, Raye, and they set- Meals on Wheels and of the Woman and Chil- me today in honoring and celebrating the anni- tled in San Francisco in the 1940's, a time dren's Crisis Shelter. versary of their 50 years serving the people of when Black people were still denied access to The Democratic Party has no more stalwart New York City. many hotels, restaurants, and jobs that paid a member than Mary Miyashita. Since Adlai f livable wage. During the Korean conflict he Stevenson's 1948 gubernatorial campaign, no served his country in the Army as a map print- major election has passed without Mary's ac- TRIBUTE TO JOHNNY GILL er, and in 1960 launched Success Printing, a tive participation. She is a true believer in rep- printing and publishing company. resentative democracy, working tirelessly on HON. SAM FARR Julian Richardson then opened Success behalf of numerous local, state and federal OF CALIFORNIA Books, later renamed Marcus Books, after candidates and helping tip the electoral scales IN THE HOUSE OF REPRESENTATIVES Marcus Garvey, the Jamaican and Harlem- on more than one occasion. based Black Nationalist who urged Blacks to Wednesday, September 6, 2000 Mary has been either a delegate or an alter- foster a connection to their African homeland nate to every Democratic National Convention Mr. FARR of California. Mr. Speaker, I rise and learn a history commonly ignored in since 1972. She served on the Los Angeles today to honor a man who spent his life advo- American textbooks. County Democratic Party's Central Committee cating for agriculture and farming, and for the Marcus Books is not only one of the oldest for 20 years. Among the many awards future of many of the people in the Salinas Black-owned bookstores in the country, it is a showered upon her by grateful party organiza- Valley of California. Johnny Gill passed away venue for new and vintage novels, a place for tions are Key Woman of the Democratic Wom- last month at his Lockwood, California home the community to meet with the numerous an's Forum, Democratic Woman of the Year in at the age of 47. The cause of his death was Black intellectuals, poets, and legends who 1975 and ``Superstar of '78.'' Mary is definitely amyotrophic lateral sclerosis, commonly frequent the store on book tours. Rich not only a Superstar every year as far as I'm con- known as Lou Gehrig's disease. sold books that bettered the lives and intel- cerned. Mr. Gill operated the John Gill Ranch in lects of countless members of the community, In 1976, Mary helped found the first Asian Monterey County, California, and was a pillar he cultivated an audience for the books and Pacific Caucus, which has grown into a pres- of agricultural life in that area. 25 years ago nurtured authors, even publishing a number of tigious and highly effective advocacy organiza- he started the King City Young Farmers orga- them.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.043 pfrm04 PsN: E06PT1 E1412 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 Rich, with his family by his side, introduced However, I hope my colleagues will not stop at vulnerable Americans. I look forward to con- a world of literature and an appreciation of repealing the 1993 tax increase, but will work tinuing to work with my colleagues to pass this books to thousands of people who would not to repeal all taxes on Social Security benefits. important measure. have had such an opportunity without his land- I am cosponsoring legislation to achieve this f mark bookstores. At Marcus Bookstores, I per- goal, H.R. 761. sonally spent many hours among my heroes; Congress should also act on my Social Se- A SALUTE TO HENRY F. MOZELL the intellectuals, artists, musicians, poets, and curity Preservation Act (H.R. 219), which en- ON HIS RETIREMENT authors that spoke through the enormous col- sures that all money in the Social Security lection of works contained within the shelves. Trust Fund is spent solely on Social Security. HON. BARBARA LEE Many times I came across authors with whom When the government takes money for the OF CALIFORNIA I was unfamiliar, and this remarkable commu- Social Security Trust Fund, it promises the IN THE HOUSE OF REPRESENTATIVES American people that the money will be there nity institution allowed me to expand my intel- Wednesday, September 6, 2000 lect and world view by discovering their work. for them when they retire. Congress has a Rich was a giant among men, a champion moral obligation to keep that promise. Ms. LEE. Mr. Speaker, I rise in honor today for Black people and a true leader in every In conclusion, Mr. Speaker, I urge my col- to salute Henry F. Mozell for his years of in- sense of the word. His great insight and wis- leagues to help free senior citizens from op- valuable service in Oakland's fight to alleviate dom allowed him to be a mentor, educator, pressive taxation by supporting the Social Se- hunger and homelessness. His retirement and even a surrogate to young men in the curity Benefits Tax Relief Act (H.R. 4865). I marks the end of an extensive and distin- community who did not know their fathers and also urge my colleagues to join me in working guished career as a champion for the less for- looked to him for advice, support, and criticism to repeal all taxes on Social Security benefits tunate. that was given with compassion. On a per- and ensuring that moneys from the Social Se- Born in Dover, North Carolina, Mr. Mozell sonal level, Rich always encouraged me no curity trust fund are used solely for Social Se- began serving the Oakland community upon matter what I was doingÐas a student, an curity and not wasted on frivolous government the completion of his service in the U.S. Navy. aide to Congressman Ron Dellums, and programs. His studies at the University of California in throughout my career of public serviceÐRich f Urban Studies advanced his interests in community welfare. uplifted my spirits and told me to carry on. CLARIFYING THE HOMEBOUND I know I speak for the thousands of individ- Since his initial community projects, Mr. DEFINITION uals whose lives have been bettered in saying Mozell has been an active supporter of pro- that Julian ``Rich'' Richardson will be greatly grams developed to combat hunger and missed, and that his contribution to the Black HON. EDWARD J. MARKEY homelessness in Oakland. His commitment to community and the entire world is immeas- OF MASSACHUSETTS providing innovative programs such as the urable. IN THE HOUSE OF REPRESENTATIVES Mayor's Hunger and Relief Program has f Wednesday, September 6, 2000 earned him national recognition. Mr. MARKEY. Mr. Speaker, on July 27 I Among the many awards Mr. Mozell has re- SOCIAL SECURITY TAX RELIEF along with 21 bipartisan Members introduced ceived during his career are the Mayor's ACT the Homebound Clarification Act of 2000, H.R. World Food Day Award, the East Oakland Hope Award for the establishment of a hot SPEECH OF 5067 the companion bill to the Senate bill sponsored by Senator James Jeffords (R±VT) meal site, and a Project Volunteer Award for HON. RON PAUL and Senator Jack Reed (D±RI). bringing farm foods to Oakland. Most recently, OF TEXAS This bill solves a problem in the current he has been awarded with the Global Peace IN THE HOUSE OF REPRESENTATIVES Medicare Home Health benefit that has cre- Award from Oaktown. His active role in the political arena includes Thursday, July 27, 2000 ated serious problems for Alzheimer's patients and our most frail, elderly and vulnerable his service as the President of the East Oak- Mr. PAUL. Mr. Speaker, I am pleased to Medicare beneficiaries. land Democratic Club, the Vice President of rise in support of the Social Security Tax Re- Under current law, in order for Medicare the Alameda County Democratic Central Com- lief Act (H.R. 4865). By repealing the 1993 tax beneficiaries to receive coverage for home mittee and his service on the State of Califor- increase on Social Security benefits, Congress health services they must be ``confined to nia's Affirmative Action Committee. These po- will take a good first step toward eliminating home''. Current policy interpretations by the sitions are a testament to his continued in- one of the most unfair taxes imposed on sen- Health Care Financing Administration and fol- volvement and concern for our community. iors: the tax on Social Security benefits. lowed by fiscal intermediaries are causing I proudly join friends, colleagues and family Eliminating the 1993 tax on Social Security substantial harm to Medicare beneficiaries by in honoring Henry Mozell's work, achievement benefits has long been one of my goals in effectively forcing home health users to be un- and forthcoming retirement from a rewarding Congress. In fact, I introduced legislation to necessarily restricted to their own homes. career. repeal this tax increase in 1997, and I am These restrictions impose harsh and irra- f pleased to see Congress acting on this issue. tional restrictions on patients and their care- I would remind my colleagues that the jus- givers. For instance, Alzheimer's patients are IN HONOR OF JANE CAMPBELL tification for increasing this tax in 1993 was to denied access to adult day services, which reduce the budget deficit. Now, President Clin- complement home health benefits, relieve HON. DENNIS J. KUCINICH ton, who first proposed the tax increase, and caregiver burdens and delay nursing home OF OHIO most members of Congress say the deficit is placement, at no cost to the Medicare pro- IN THE HOUSE OF REPRESENTATIVES gone. So, by the President's own reasoning, gram. In another instance, home health serv- Wednesday, September 6, 2000 there is no need to keep this tax hike in place. ices to a quadriplegic beneficiary who is lifted Because Social Security benefits are fi- into a wheelchair and uses specially adapted Mr. KUCINICH. Mr. Speaker, I rise today to nanced with tax dollars, taxing these benefits transportation and is therefore not considered honor Jane Campbell, a Cuyahoga County is yet another incidence of ``double taxation.'' to be homebound. Commissioner who is being honored at the Furthermore, ``taxing'' benefits paid by the The introduction of the Homebound Clari- Jewish National Fund's Tree of Life Dinner of government is merely an accounting trick, a fication Act follows the introduction of similar September 13, 2000. ``shell game'' which allows members of Con- legislation Representative Chris Smith and I Jane Campbell is one of three Cuyahoga gress to reduce benefits by subterfuge. This introduced in March of 2000, H.R. 4028. This County Commissioners, representing 1.5 mil- allows Congress to continue using the Social bill was a more narrowly crafted version of the lion constituents in the Greater Cleveland Security trust fund as a means of financing Homebound Clarification Act bill and targets area. She manages human services, econom- other government programs and mask the true patients with Alzheimer's Disease and related ics, and infrastructure development and rede- size of the federal deficit. dementia disorders only. velopment for the most populous county in Mr. Speaker, the Social Security Tax Relief The Homebound Clarification Act is en- Ohio. Jane Campbell serves as the President Act, combined with our action earlier this year dorsed by over 40 health and advocacy of the Board of Commissioners and also to repeal the earnings limitation, goes a long groups. chairs the Violence Against Women Act Com- way toward reducing the burden imposed by This bipartisan legislation will help to im- mittee and the Children Who Witness Violence the Federal Government on senior citizens. prove the lives of millions of our most frail and Committee. She is also a Board Member of

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.048 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1413 the District One Public Works Integrating dedicated over forty years of his life serving as Jerry was a special friend, role-model and Committee. a mentor and inspiring youth. mentor to many including myself. He was very Prior to her role as Cuyahoga County Com- Mr. Bartoszek, a native of Cleveland, was a involved in his community and in democratic mission, Jane Campbell served six terms in toolmaker for Cleveland Pneumatic Tool Co. politics. He is missed by everyone whose life the Ohio House of Representatives. During until his retirement eighteen years ago. A vet- he touched, but his spirit lives on in our her time there, she was elected Majority Whip eran who proudly served our nation during memories and in the legacy he left behind. and Minority Assistant Leader by her col- World War II, with a tour in France and Ger- leagues. many, he was an active member of Catholic f Jane Campbell is an outstanding leader and War Veterans Post 1812 and VFW Post 108. public servant. She has dedicated herself to Mr. Bartoszek found his true passion when IN HONOR OF JOSEPH TAKACS serving the people of Ohio and should be he was thirteen, when he joined the Boy commended for her exemplary record of serv- Scouts of America. Mr. Bartoszek spent forty ice. Jane Campbell is truly a committed and years as a Scoutmaster and Explorer adviser. HON. DENNIS J. KUCINICH admirable woman. During his long and distinguished career with OF OHIO My fellow colleagues, please join with me in the Scouts he received many awards, includ- IN THE HOUSE OF REPRESENTATIVES paying tribute to Jane Campbell as she is hon- ing the Silver Beaver, Scouting's highest Wednesday, September 6, 2000 ored for her devotion and service by the Jew- honor for volunteers. Mr. Bartoszek spent over ish National Fund at the 2000 Tree of Life din- ten summers working with youth at Tinnerman Mr. KUCINICH. Mr. Speaker, today I re- ner in September. Canoe Base as a counselor of the Ad Altare member Joseph Takacs, a man who devoted f Dei program, Pope Pius XII retreats, and his life to the betterment of mankind, and the Scout development sessions. 20TH ANNIVERSARY OF MOTHERS struggles of those who needed help the most. Mr. Bartoszek touched countless lives with AGAINST DRUNK DRIVING Mr. Takacs led the autoworkers at General his endless devotion to helping young men, Motor's Fisher Body plant in Cleveland for HON. BENJAMIN A. GILMAN and his steadfast commitment to creating a more than 10 nonconsecutive years in the better society. Mr. Bartoszek is a friend to all, 1960's and 1970's. A courageous fighter for OF NEW YORK a man who tirelessly dedicated his life to the the working man, Mr. Takacs was one of 250 IN THE HOUSE OF REPRESENTATIVES betterment of others, and a man who has workers who staged a sit-in at General Motor's Wednesday, September 6, 2000 served the larger community a greater deed Cleveland planet that lasted from December Mr. GILMAN. Mr. Speaker, I rise today to than we will ever be able to thank him enough 1936 into February 1937. Through the dedica- congratulate and express my deepest grati- for. tion and determination of Mr. Takacs and his tude to the thousands of individuals and vic- I ask that my fellow colleagues join me in striking colleagues a nationwide strike began. tims throughout our nation, who have worked celebrating the life and tremendous accom- The strike forced the company to recognize diligently to build and to extend the mission of plishments of this truly remarkable man. the union as a bargaining agent for its hourly Mothers Against Drunk Driving (MADD). f employees, even today, considered one of the Mothers Against Drunk Driving, MADD, is a HONORING THE LIFE OF MR. greatest union victories. non-profit grass roots organization with more JERRY RAYMOND Mr. Speaker, Mr. Takacs was a dedicated than 600 chapters nationwide and a presence man who committed his life to union reform, around the world. Today, this worthy organiza- HON. DEBBIE STABENOW helping the poor, and fighting for the working tion celebrates and remembers its 20th anni- men and women of this nation. Mr. Takacs OF MICHIGAN versary. Founded by a small group of Cali- was an inspirational leader and a mentor for fornia women in 1980 after a 13-year-old-girl IN THE HOUSE OF REPRESENTATIVES generations to come. A champion of the was killed by a hit-and-run, repeat offender, Wednesday, September 6, 2000 causes of working people, Mr. Takacs never MADD continues to work to find effective solu- Ms. STABENOW. Mr. Speaker, I rise today turned his back on anyone. A leader dedicated tions to the drunk driving and underage drink- to recognize the lifetime achievements of Mr. to his fellow colleagues, during strikes, Mr. ing problems, while supporting those who Jerry Raymond who passed away in January Takacs would beg for food to make sure that have already experienced the pain of these 1999 and offer my sincere condolences to his there was always food at the union hall. senseless crimes. family. Mr. Takacs, a past president of United Auto Thanks to the support of Mothers Against Jerry Raymond was a remarkable man Workers Local 45, has served on the front Drunk Driving, our roads and highways are whose many contributions to Wayne county, lines of the battle for working families since today much safer. Due to their efforts, alcohol the labor movement and the City of Livonia the 1930's. I ask my distinguished colleagues related traffic deaths have dropped, victim as- will be long remembered. He was a 49 year to join me in celebrating the life of this truly resistance institutes have been created to train resident of Livonia and served on the City markable man, who has dedicated his life to volunteers on how to support victims of drunk Council from 1966 to 1980. Always cognizant serving others. driving and how to serve as their advocates in of the needs of others, his favorite saying was the criminal justice system, and in advocating ``People come first.'' He advocated for housing f important legislation, such as the Omnibus for seniors before it was the popular thing to Anti-Drug Abuse Act, which has been enacted. do. His sensitivity to others is undoubtedly PASSAGE OF THE SOCIAL SECU- Mr. Speaker, drunk driving is not an acci- why he was re-elected to office so many RITY BENEFITS TAX RELIEF ACT dent. Along with my friends in MADD, I will times. continue to work to pass .08 BAC legislation There are many other fascinating things that and to reduce the number of alcohol related HON. DOUG BEREUTER are important to know about this special man. deaths throughout our Nation. I thank the He quit high school after his mother died and OF NEBRASKA Mothers Against Drunk Driving. I support his father lost his job. As he moved around IN THE HOUSE OF REPRESENTATIVES them, and I urge all of our colleagues to ap- the country looking for a job, he started getting plaud their efforts over the past 20 years and Wednesday, September 6, 2000 involved in strikes and joined the cause of in all of their future endeavors. working men and women. He became a union Mr. BEREUTER. Mr. Speaker, because the f activist and his leadership in the labor move- House passed H.R. 4865, the Social Security IN HONOR OF JOSEPH A. ment brought him national recognition. Despite Benefits Tax Relief Act, by a vote of 265±159, BARTOSZEK his many achievements, Jerry felt something this Member encourages his colleagues to was missing as he watched other family mem- read the following editorial, from the August 5, HON. DENNIS J. KUCINICH bers pursue a higher education. Although he 2000, edition of the Norfolk Daily News. This OF OHIO did not have a high school diploma, he en- editorial highlights why the House of Rep- rolled in law school. He graduated Cum Laude resentatives passed H.R. 4865. In particular, IN THE HOUSE OF REPRESENTATIVES and was honored by being elected President this editorial correctly states that the taxation Wednesday, September 6, 2000 of his class. He opened a law practice called of Social Security benefits was not within the Mr. KUCINICH. Mr. Speaker, today I rise to Jerry Raymond and Associates in Livonia and original intent of those who created this sys- remember Joseph Bartoszek, a man who practiced law until shortly before his death. tem.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.052 pfrm04 PsN: E06PT1 E1414 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2000 [From the Daily News, Aug. 5, 2000] They were silent when the benefits were ef- One of six children Ing. Karol Mitrik was ‘‘CONTRACT’’ NOT NOW MENTIONED fectively reduced with higher taxation. born in Spisska Nova Ves where he was Taxing those benefits was not the original taught an early lesson in the value of work, TAX REDUCTION FOR SOCIAL SECURITY BENEFITS intent of those who devised the system. WOULD AID ELDERLY PAYERS Whatever implied contract existed was long working sunrise to sunset on a farm. His child- A modest tax cut proposal that would ben- ago violated by the decision to lump the ben- hood experience led him to pursue an edu- efit some 9 million Social Security recipi- efits with other income and make it subject cation in the area of agriculture. He graduated ents is apparently going nowhere because of to regular taxation. in 1981 with a Master's degree in Agronomy a threatened presidential veto. The system long discriminated against So- from the Agricultural University in Nitra. In Under the plan, which won a 265–159 vote in cial Security beneficiaries who worked for 1994 he finished studies in the City University income rather than acquiring their extra the House, with 52 Democrats joining the Re- with Certificate in Effective Management. publican majority, the amount of benefits money from interest payments or dividends. subject to taxation could drop from 85 per- The imposition of the greater tax load—ar- In 1994 Mitrik became Mayor of Spisska cent to 50 percent. That change would re- gued as necessary in 1993 in order to over- Nova Ves. A dynamic leader with vast knowl- store a tax level in effect until the 1993 income deficits—did nothing to restore equity. edge of regional policies and economic devel- Much can and must be done to simplify the crease urged by President Clinton and for opment he has worked tirelessly on the behalf which Vice President Gore cast the deciding tax system, including that applicable to the vote. Social Security beneficiaries, but such ac- of the people of Spisska Nova Ves. Due to Given current surplus levels, the change is tion must not preclude a simple reduction in Mitrik's extraordinary leadership Spisska Nova easily affordable from Uncle Sam’s stand- rates to reflect the fact that excessive fed- Vas became a sister city of Youngstown. point. More than that, however, the change eral surpluses amount to a government tak- Mitrik also established the first Rotary Club in is in keeping with the original philosophy of ing of private wealth. eastern Slovakia. Mitrik's expertise extends the program. That is, to provide an old-age f beyond local activities, he is involved in a stu- benefit to workers from earnings on which dent exchange program, is a Member of taxes had already been paid. It was much HONORING ING. KAROL MITRIK Council of the Association of Towns and Com- later that these benefits became an important new source of tax revenue for the U.S. munities of Slovakia, Chairman of the Associa- Treasury. HON. DENNIS J. KUCINICH tion of Towns and Communities of Slovakia, It is of special interest that the same par- OF OHIO Vice-president of Mayor's club of Slovakia, tisans who now protest a reduction in this IN THE HOUSE OF REPRESENTATIVES and Chairman of Interest Association for De- tax, since it might help individual elderly Wednesday, September 6, 2000 velopment of the Spis region. people now earning as much as $34,000 annually or married couples at a $44,000 level, are Mr. KUCINICH. Mr. Speaker, today I rise to Mr. Speaker, I ask my fellow colleagues to the ones who have long berated opponents as honor Ing. Karol Mitrik, Mayor of Spisska Nova join me in rising and honoring this remarkable ‘‘breaking a contract’’ on Social Security Ves, for his outstanding leadership and dedi- man and his tremendous accomplishments on with any proposed alteration of benefits. cation to his fellow countrymen. behalf of the people of Spisska Nova Vas.

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.057 pfrm04 PsN: E06PT1 September 6, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1415 SENATE COMMITTEE MEETINGS Environment and Public Works cost, environmental aspects and energy Fisheries, Wildlife, and Drinking Water security implications to Alaska and Title IV of Senate Resolution 4, Subcommittee the rest of the nation for alternative agreed to by the Senate on February 4, To hold hearings on the Draft Biological routes and projects. 1977, calls for establishment of a sys- Opinions by the National Marine Fish- SD–366 tem for a computerized schedule of all eries Service and U.S. Fish and Wildlife Commerce, Science, and Transportation meetings and hearings of Senate com- Service on the operation of the Federal To hold hearings on air traffic control mittees, subcommittees, joint commit- Columbia River Power System and the issues. tees, and committees of conference. Federal Caucus draft Basinwide Salm- SR–253 on Recovery Strategy. 10 a.m. This title requires all such committees SD–406 to notify the Office of the Senate Daily Judiciary 2 p.m. Business meeting to consider pending Digest—designated by the Rules com- Foreign Relations calendar business. mittee—of the time, place, and purpose To hold hearings on pending calendar SD–226 of the meetings, when scheduled, and business. 1 p.m. any cancellations or changes in the SD–419 Small Business meetings as they occur. Intelligence To hold hearings to examine slotting To hold closed hearings on intelligence fees, and the battle family farmers are As an additional procedure along matters. having to stay on the farm and in the with the computerization of this infor- SH–219 grocery store. mation, the Office of the Senate Daily 2:15 p.m. SD–628 Digest will prepare this information for Energy and Natural Resources Environment and Public Works Forests and Public Land Management Sub- printing in the Extensions of Remarks Fisheries, Wildlife, and Drinking Water section of the CONGRESSIONAL RECORD committee To hold hearings on S. 2873, to provide Subcommittee on Monday and Wednesday of each To hold hearings on the Draft Biological week. for all right, title, and interest in and to certain property in Washington Opinions by the National Marine Fish- Meetings scheduled for Thursday, County, Utah, to be vested in the eries Service and U.S. Fish and Wildlife September 7, 2000 may be found in the United States; H.R. 3676, to establish Service on the operation of the Federal Daily Digest of today’s RECORD. the Santa Rosa and San Jacinto Moun- Columbia River Power System and the Federal Caucus draft Basinwide Salm- MEETINGS SCHEDULED tains National Monument in the State of California; S. 2784, entitled ‘‘Santa on Recovery Strategy. Rosa and San Jacinto Mountains Na- SD–406 SEPTEMBER 12 tional Monument Act of 2000’’; S. 2865, 2:30 p.m. 9:30 a.m. to designate certain land of the Na- Energy and Natural Resources Commerce, Science, and Transportation tional Forest System located in the National Parks, Historic Preservation, and To hold hearings on the Firestone tire State of Virginia as wilderness; S. 2956, Recreation Subcommittee recall. to establish the Colorado Canyons Na- To hold hearings on S. 2749, to establish SR–253 tional Conservation Area and the the California Trail Interpretive Center Environment and Public Works Black Ridge Canyons Wilderness; H.R. in Elko, Nevada, to facilitate the inter- To hold hearings on proposed United 4275, to establish the Colorado Canyons pretation of the history of development States Department of Transportation National Conservation Area and the and use of trails in the setting of the regulations on planning and environ- Black Ridge Canyons Wilderness; and western portion of the United States; ment. S. 2977, to assist in the establishment S. 2885, to establish the Jamestown SD–406 of an interpretive center and museum 400th Commemoration Commission; S. Foreign Relations in the vicinity of the Diamond Valley 2950, to authorize the Secretary of the To hold hearings on pending calendar Lake in southern California to ensure Interior to establish the Sand Creek business. the protection and interpretation of Massacre Historic Site in the State of SD–419 the paleontology discoveries made at Colorado; S. 2959, to amend the Dayton 2:30 p.m. the lake and to develop a trail system Aviation Heritage Preservation Act of Energy and Natural Resources for the lake for use by pedestrians and 1992; and S. 3000, to authorize the ex- Water and Power Subcommittee nonmotorized vehicles. change of land between the Secretary To hold oversight hearings on the status SD–366 of the Interior and the Director of the of the Biological Opinions of the Na- Central Intelligence Agency at the tional Marine Fisheries Service and the SEPTEMBER 14 George Washington Memorial Parkway U.S. Fish and Wildlife Service on the 9 a.m. in McLean, Virginia. operations of the Federal hydropower Foreign Relations SD–366 system of the Columbia River. International Operations Subcommittee SD–366 To hold hearings on exchange programs SEPTEMBER 26 and the national interest. 9:30 a.m. SEPTEMBER 13 SD–419 Veterans’ Affairs 9:30 a.m. 9:30 a.m. To hold joint hearings with the House Commerce, Science, and Transportation Energy and Natural Resources Committee on Veterans’ Affairs on the To hold hearings to examine marketing To hold oversight hearings on the trans- Legislative recommendation of the violence to children issues. portation of Alaska North Slope nat- American Legion. SR–253 ural gas market and to investigate the 345 Cannon Building

VerDate 112000 05:32 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M06SE8.000 pfrm04 PsN: E06PT1 Wednesday, September 6, 2000 Daily Digest Senate action on the following amendments purposed there- Chamber Action to: Pages S8069±90 Routine Proceedings, pages S8035–S8127 Pending: Measures Introduced: Eight bills and three resolu- Domenici Amendment No. 4032, to strike certain tions were introduced, as follows: S. 3005–3012, S.J. environment related provisions. Page S8075 Res. 51, S. Res. 348, and S. Con. Res. 134. Schumer/Collins Amendment No. 4033, to estab- Pages S8104±05 lish a Presidential Energy Commission to explore long- and short-term responses to domestic energy Measures Reported: shortages in supply and severe spikes in energy S. 1510, to revise the laws of the United States prices. Page S8075 appertaining to United States cruise vessels, with an Daschle (for Baucus) Amendment No. 4081, to amendment in the nature of a substitute. (S. Rept. No. 106–396) strike certain provisions relating to revision of the S. 1810, to amend title 38, United States Code, Missouri River Master Water Control Manual. to clarify and improve veterans’ claims and appellate Pages S8075±90 procedures, with an amendment in the nature of a A unanimous-consent agreement was reached pro- substitute. (S. Rept. No. 106–397) viding for further consideration of the bill and pend- S. 3011, to increase, effective as of December 1, ing amendments on Thursday, September 7, 2000, 2000, the rates of compensation for veterans with with a vote to occur on the pending Daschle service-connected disabilities and the rates of de- Amendment No. 4081. Page S8126 pendency and indemnity compensation for the sur- Secure Rural Schools and Community Self-De- vivors of certain disabled veterans. (S. Rept. No. termination Act—Agreement: A unanimous-con- 106–398) Page S8103 sent-time agreement was reached providing that the Measures Passed: vitiation order with respect to the agreement for consideration of S. 1608, to provide annual payments Galveston Hurricane National Remembrance to the States and counties from National Forest Sys- Day: Senate agreed to S. Con. Res. 134, designating tem lands managed by the Forest Service, and the re- September 8, 2000, as Galveston Hurricane National vested Oregon and California Railroad and recon- Remembrance Day. Page S8126 veyed Coos Bay Wagon Road grant lands managed PNTR (Permanent Normal Trade Relations) for predominately by the Bureau of Land Management, China: Senate continued consideration of the motion for use by the counties in which the lands are situ- to proceed to the consideration of H.R. 4444, to au- ated for the benefit of the public schools, roads, thorize extension of nondiscriminatory treatment emergency and other public purposes; to encourage (normal trade relations treatment) to the People’s and provide new mechanisms for cooperation be- Republic of China, and to establish a framework for tween counties and the Forest Service and the Bu- relations between the United States and the People’s reau of Land Management to make necessary invest- Republic of China. Pages S8035±41, S8044±45, S8048±69 ments in Federal lands, and reaffirm the positive A unanimous-consent agreement was reached pro- connection between Federal Lands counties and Fed- viding for further consideration of the motion to eral Lands, be extended until 12 noon on Friday. proceed to the consideration of the bill on Thursday, Page S8126 September 7, 2000, with a vote to occur on the Removal of Injunction of Secrecy: The injunction adoption of the motion to proceed. of secrecy was removed from the following treaty: Energy/Water Development Appropriations: Sen- Convention for International Carriage by Air ate continued consideration of H.R. 4733, making (Treaty Doc. No. 106–45) appropriations for energy and water development for The treaty was transmitted to the Senate today, the fiscal year ending September 30, 2001, taking considered as having been read for the first time, and D860

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 September 6, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D861 referred, with accompanying papers, to the Com- NOMINATIONS mittee on Foreign Relations and was ordered to be Committee on Armed Services: Committee concluded printed. Pages S8125±26 hearings on the nominations of Lt. Gen. Peter Pace, Nominations Received: Senate received the fol- USMC, for appointment to the grade of general and lowing nominations: to be Commander-in-Chief, United States Southern Joseph R. Biden, Jr., of Delaware, to be a Rep- Command, Lt. Gen. Charles R. Holland, USAF, for resentative of the United States of America to the appointment to the grade of general and to be Com- Fifty-fifth Session of the General Assembly of the mander-in-Chief, United States Special Operations United Nations. Command, and Maj. Gen. Robert B. Flowers, USA, Rod Grams, of Minnesota, to be a Representative for appointment to the grade of lieutenant general of the United States of America to the Fifty-fifth and to be the Chief of Engineers, United States Session of the General Assembly of the United Na- Army, after the nominees testified and answered tions. questions in their own behalf. Lt. Gen. Holland was 1 Air Force nomination in the rank of general. introduced by Senator Byrd. 2 Army nominations in the rank of general. MEDICAID UPPER PAYMENT LIMITS 1 Navy nomination in the rank of admiral. Routine lists in the Air Force, Army, Navy. Committee on Finance: Committee held oversight hearings to examine alleged States’ practices of setting Page S8127 the maximum rates that can be paid to Medicaid Communications: Pages S8101±03 providers, known as upper payment limits, to obtain Executive Reports of Committees: Pages S8103±04 excessive Federal matching funds at the expense of the other States and contrary to the intent of the Statements on Introduced Bills: Pages S8105±14 program, receiving testimony from Michael F. Additional Cosponsors: Pages S8114±16 Mangano, Principal Deputy Inspector General, and Amendments Submitted: Pages S8116±24 Timothy Westmoreland, Director, Center for Med- icaid and State Operations, Health Care Financing Notices of Hearings: Page S8125 Administration, both of the Department of Health Authority for Committees: Page S8125 and Human Services; and Kathryn G. Allen, Asso- Additional Statements: Pages S8100±01 ciate Director, Health Financing and Public Health Issues, Health, Education, and Human Services Divi- Privileges of the Floor: Page S8125 sion, General Accounting Office. Adjournment: Senate convened at 9:30 a.m., and Hearings recessed subject to call. adjourned at 8:23 p.m., until 9:30 a.m., on Thurs- TAIWAN ACCESSION TO THE WTO day, September 7, 2000. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Committee on Foreign Relations: Committee held hear- Record on page S8126.) ings to examine issues relating to the proposed accession of the Peoples Republic of China and the Re- public of China on Taiwan to the World Trade Or- Committee Meetings ganization, receiving testimony from Senator Kyl; and John R. Bolton, American Enterprise Institute, (Committees not listed did not meet) Washington, D.C., former Assistant Secretary of FIRESTONE TIRE RECALL State for International Organization Affairs. Hearings recessed subject to call. Committee on Appropriations: Subcommittee on Trans- portation held oversight hearings to examine issues ELECTRONIC SURVEILLANCE AND surrounding the investigation and recall of Firestone PRIVACY ATX, ATX II, and Wilderness AT tires and Ford Committee on the Judiciary: Committee concluded Explorer rollovers, receiving testimony from Sue Bai- hearings to examine the effect that new surveillance ley, Administrator, National Highway Traffic Safety technologies is having on the important public pol- Administration, Department of Transportation; icy balance between personal privacy rights and law Masatoshi Ono and Gary Crigger, both of enforcement in the digital age, focusing on the FBI Bridgestone/Firestone, Inc., Nashville, Tennessee; Carnivore system, after receiving testimony from Helen Petrauskas, Ford Motor Company, Dearborn, Donald M. Kerr, Assistant Director, and Larry R. Michigan; and Joan Claybrook, Public Citizen, and Parkinson, General Counsel, both of the Federal Bu- David Pittle, Consumers Union, both of Wash- reau of Investigation, and Kevin V. Di Gregory, ington, D.C. Deputy Assistant Attorney General, Criminal Divi- Hearings recessed subject to call. sion, and Martha Stansell-Gamm, Chief, Computer

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 D862 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2000 Crimes and Intellectual Property, all of the Depart- BUSINESS MEETING ment of Justice; James X. Dempsey, Center for De- Committee on Indian Affairs: Committee ordered favor- mocracy and Technology, and Jeffrey Rosen, George ably reported the following business items: Washington University Law School, both of Wash- S. 611, to provide for administrative procedures to ington, D.C.; Michael O’Neill, George Mason Uni- extend Federal recognition to certain Indian groups, versity Law School, Fairfax, Virginia; and Vinton G. with an amendment in the nature of a substitute; Cerf, Internet Society, Reston, Virginia. and S. 2282, to encourage the efficient use of existing CAMERAS AND ELECTRONIC MEDIA IN resources and assets related to Indian agricultural re- COURTROOM search, development and exports within the United Committee on the Judiciary: Subcommittee on Admin- States Department of Agriculture, with an amend- istrative Oversight and the Courts concluded hear- ment in the nature of a substitute. ings on S. 721, to allow media coverage of court INDIAN SCHOOL CONSTRUCTION proceedings, after receiving testimony from Edward Committee on Indian Affairs: Committee concluded R. Becker, Chief Judge, United States Court of Ap- hearings on S. 2580, to provide for the issuance of peals for the Third Circuit, on behalf of the Judicial bonds to provide funding for the construction of Conference of the United States; Nancy Gertner, schools of the Bureau of Indian Affairs of the De- United States District Court for the District of Mas- partment of the Interior, after receiving testimony sachusetts; Hiller B. Zobel, Associate Justice, Supe- from William Mehojah, Director, Office of Indian rior Court Department, Massachusetts Trial Court; Education Programs, Bureau of Indian Affairs, De- Lynn D. Wardle, Brigham Young University J. Reu- partment of the Interior; John W. Cheek, National ben Clark Law School, Provo, Utah; David Busiek, Indian Education Association, Alexandria, Virginia; KCCI–TV, Des Moines, Iowa, on behalf of the Jeffrey Seidel, Parkway Muni Resources, Min- Radio-Television News Directors Association; and neapolis, Minnesota; and Frank D. Rapp, Dakota Ronald L. Goldfarb, Washington, D.C. Area Consortium of Treaty Schools, Buffalo Gap, South Dakota. h House of Representatives H.R. 2798, to authorize the Secretary of Com- Chamber Action merce to provide financial assistance to the States of Bills Introduced: 14 public bills, H.R. 5106–5119; Alaska, Washington, Oregon, and California for and 2 resolutions, H. Con. Res. 390 and H. Res. salmon habitat restoration projects in coastal waters 571, were introduced. Page H7280 and upland drainages, amended (H. Rept. 106–806); Reports Filed: Reports were filed today as follows. H.R. 2296, to amend the Revised Organic Act of H.R. 4541, to reauthorize and amend the Com- the Virgin Islands to provide that the number of modity Exchange Act to promote legal certainty, en- members on the legislature of the Virgin Islands and hance competition, and reduce systemic risk in mar- the number of such members constituting a quorum kets for futures and over-the-counter derivatives, shall be determined by the laws of the Virgin Is- amended (H. Rept. 106–711, Pt. 2); lands (H. Rept. 106–807); H.R. 4541, to reauthorize and amend the Com- S. 1275, to authorize the Secretary of the Interior modity Exchange Act to promote legal certainty, en- to produce and sell products and to sell publications hance competition, and reduce systemic risk in mar- relating to the Hoover Dam, and to deposit revenues kets for futures and over-the-counter derivatives, generated from the sales into the Colorado River amended (H. Rept. 106–711, Pt. 3); Dam fund (H. Rept. 106–808); H.R. 4840, to reauthorize the Atlantic Coastal H.R. 4318, to establish the Red River National Fisheries Cooperative Management Act, amended (H. Wildlife Refuge, amended (H. Rept. 106–809); Rept. 106–804); H.R. 2090, to direct the Secretary of Commerce S. 1027, to reauthorize the participation of the to contract with the National Academy of Sciences Bureau of Reclamation in the Deschutes Resources to establish the Coordinated Oceanographic Program Conservancy (H. Rept. 106–805);

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 September 6, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D863 Advisory Panel to report to the Congress on the fea- H.R. 4271, to establish and expand programs re- sibility and social value of a coordinated oceanog- lating to science, mathematics, engineering, and raphy program, amended (H. Rept. 106–810); technology education, amended (H. Rept. 106–821, H.R. 1113, to assist in the development and im- Pt. 1); and plementation of projects to provide for the control of H. Res. 570, providing for consideration of H.R. drainage, storm, flood and other waters as part of 4115, to authorize appropriations for the United water-related integrated resource management, envi- States Holocaust Memorial Museum (H. Rept. ronmental infrastructure, and resource protection and 106–822). Page H7279 development projects in the Colusa Basin Watershed, California, amended (H. Rept. 106–811); Speaker Pro Tempore: Read a letter from the H.R. 4389, to direct the Secretary of the Interior Speaker wherein he designated Representative to convey certain water distribution facilities to the Biggert to act as Speaker pro tempore for today. Northern Colorado Water Conservancy District, Page H7215 amended (H. Rept. 106–812); Parents Advisory Council on Youth Drug H.R. 3520, to designate segments and tributaries Abuse: On August 15, the Speaker appointed Ms. of White Clay Creek, Delaware and Pennsylvania, as Judith Kreamer of Naperville, Illinois, Ms. Modesta a component of the National Wild and Scenic Rivers Martinez of Bensenville, Illinois, and Mr. Richard F. System, amended (H. Rept. 106–813); James of Columbus, Ohio to the Parents Advisory S. 1211, to amend the Colorado River Basin Sa- Council on Youth Drug Abuse. Page H7216 linity Control Act to authorize additional measures to carry out the control of salinity upstream of Im- Communications from the Committee on Trans- perial Dam in a cost-effective manner (H. Rept. portation and Infrastructure: Read two letters 106–814); from Chairman Shuster wherein he transmitted cop- H.R. 755, to amend the Organic Act of Guam to ies of resolutions agreed to by the Committee on provide restitution to the people of Guam who suf- July 26—referred to the Committee on Appropria- fered atrocities such as personal injury, forced labor, tions. Pages H7216±19 forced marches, internment, and death during the Consideration of Suspensions: Agreed that it be in occupation of Guam in World War II, amended (H. order at any time today for the Speaker to entertain Rept. 106–815); motions to suspend the rules and pass various bills. H.R. 4226, to authorize the Secretary of Agri- Page H7221 culture to sell or exchange all or part of certain administrative sites and other land in the Black Hills Suspensions: The House agreed to suspend the rules National Forest and to use funds derived from the and pass the following measures: sale or exchange to acquire replacement sites and to William S. Broomfield Post Office Building, acquire or construct administrative improvements in Royal Oak, Michigan: H.R. 4884, to redesignate connection with the Black Hills National Forest, the facility of the United States Postal Service lo- amended (H. Rept. 106–816); cated at 200 West 2nd Street in Royal Oak, Michi- H.R. 4583, to extend the authorization for the gan, as the ‘‘William S. Broomfield Post Office Air Force Memorial Foundation to establish a memo- Building’’ (passed by a yea and nay vote of 404 yeas rial in the District of Columbia or its environs (H. with none voting ‘‘nay’’, Roll No. 451); Rept. 106–817); Pages H7221±25, H7237±38 S. 406, to amend the Indian Health Care Im- provement Act to make permanent the demonstra- James T. Broyhill Post Office Building, Lenoir, tion program that allows for direct billing of Medi- North Carolina: H.R. 4534, amended, to designate care, Medicaid, and other third party payors, and to the facility of the United States Postal Service lo- expand the eligibility under such program to other cated at 114 Ridge Street in Lenoir, North Carolina, tribes and tribal organizations (H. Rept. 106–818, as the ‘‘James T. Broyhill Post Office Building.’’ Pt. 1); Agreed to amend the title; Pages H7225±27 S. 1508, to provide technical and legal assistance Reverend J.C. Wade Post Office, Omaha, Ne- for tribal justice systems and members of Indian braska: H.R. 4615, to redesignate the facility of the tribes (H. Rept. 106–819, Pt. 1); United States Postal Service located at 3030 Mere- S. 1937, to amend the Pacific Northwest Electric dith Avenue in Omaha, Nebraska, as the ‘‘Reverend Power Planning and Conservation Act to provide for J.C. Wade Post Office;’’ Pages H7227±30 sales of electricity by the Bonneville Power Adminis- tration to joint operating entities (H. Rept. Henry McNeal Turner Post Office, Macon, 106–820, Pt. 1); Georgia: H.R. 3454, to designate the United States

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 D864 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2000 post office located at 451 College Street in Macon, Referrals: S. 610, S. 1894, S. 1936, S. 2020, S. Georgia, as the ‘‘Henry McNeal Turner Post Office;’’ 2279, and S. 2421 were referred to the Committee Pages H7230±31 on Resources, S. 2998 and S.J. Res. 48 were referred Everett Alvarez Post Office Building, Rockville, to the Committee on International Relations; and S. Maryland: H.R. 4484, to designate the facility of Con. Res. 53 was referred to the Committee on the the United States Postal Service located at 500 Judiciary. Page H7265 North Washington Street in Rockville, Maryland, as Quorum Calls—Votes: Three yea and nay votes de- the ‘‘Everett Alvarez, Jr. Post Office Building’’ veloped during the proceedings of the House today (passed by a yea and nay vote of 403 yeas with none and appear on pages H7237–38, H7238, and voting ‘‘nay’’, Roll No. 452); Pages H7231±32, H7238 H7239. There were no quorum calls. James W. McCabe, Sr. Post Office Building: Adjournment: The House met at 2:00 p.m. and ad- H.R. 2302, to designate the building of the United journed at 10:39 p.m. States Postal Service located at 307 Main Street in Johnson City, New York, as the ‘‘James W. McCabe, Committee Meetings Sr. Post Office Building;’’ Pages H7232±34 FIRESTONE TIRE RECALL Judge Robert Bernard Watts, Sr. Post Office Committee on Commerce: Subcommittee on Tele- Building, Baltimore, Maryland: H.R. 4448, to des- communications, Trade, and Consumer Protection ignate the facility of the United States Postal Service and the Subcommittee on Oversight and Investiga- located at 3500 Dolfield Avenue in Baltimore, Mary- tions held a joint hearing on the recent Firestone tire land, as the ‘‘Judge Robert Bernard Watts, Sr. Post recall action, focusing on the action as it pertains to Office Building’’ (passed by a yea and nay vote of relevant Ford vehicles. Testimony was heard from 404 yeas with none voting ‘‘nay’’, Roll No. 453); Sue Bailey, Administrator, National Highway Traffic Pages H7234±35, H7238±39 Safety Administration, Department of Transpor- Dr. Flossie McClain Dedmond Post Office tation; Masatoshi Ono, CEO, Bridgestone/Firestone, Building, Baltimore, Maryland: H.R. 4449, to des- Inc.; Jacques Nasser, President and CEO, Ford ignate the facility of the United States Postal Service Motor Company; and public witnesses. located at 1908 North Ellamont Street in Baltimore, INNOVATIONS IN AMERICAN Maryland, as the ‘‘Dr. Flossie McClain Dedmond GOVERNMENT Post Office Building’’. Pages H7235±36 Committee on Government Reform: Subcommittee on Recess: The House recessed at 4:22 p.m. and recon- Government Management, Information, and Tech- vened at 6 p.m. Page H7237 nology held a hearing on Innovations in American Veto Message from the President—Marriage Tax Government: Are There Lessons to be Learned? Tes- Relief Reconciliation Act of 2000: Read a veto timony was heard from Allan Klein, Administrative message from the President wherein he returned Law Judge, Government Innovations and Coopera- H.R. 4810, to provide for reconciliation pursuant to tion Board, State of Minnesota; Jessica McDonald, section 103(a)(1) of the concurrent resolution on the Director, Department of Children and Family Serv- budget for fiscal year 2001 and explained his reasons ices, State of Illinois; and public witnesses. therefor—ordered printed (H. Doc. 106–291). Sub- MISCELLANEOUS MEASURES sequently, the veto message and the bill were re- Committee on the Judiciary: Subcommittee on the Con- ferred to the Committee on Ways and Means. stitution held a hearing on the following bills: H.R. Pages H7239±40 5018, Electronic Communications Privacy Act of Veto Message from the President—Death Tax 2000; H.R. 4987, Digital Privacy Act of 2000; and Elimination Act of 2000: Read a veto message from H.R. 4908, Notice of Electronic Monitoring Act. the President wherein he returned H.R. 8, to amend Testimony was heard from Senator Schumer; Kevin the Internal Revenue Code of 1986 to phaseout the DiGregory, Deputy Associate Attorney General, De- estate and gift taxes over a 10-year period and ex- partment of Justice; and public witnesses. plained his reasons therefor—ordered printed (H. U.S. HOLOCAUST MEMORIAL MUSEUM Doc. 106–292). Subsequently, further consideration AUTHORIZATION of the veto message and the bill were postponed Committee on Rules: Granted, by voice vote, an open until Sept. 7, 2000. Pages H7240±41 rule providing one hour of general debate on H.R. Senate Messages: Messages received from the Senate 4115, to authorize appropriations for the U.S. Holo- today and on July 28 appear on pages H7215–16. caust Memorial Museum, equally divided between

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 September 6, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D865 the chairman and ranking minority member of the Committee on Commerce, Subcommittee on Health and Committee on Resources. The rule waives all points Environment, hearing entitled: ‘‘Telehealth: A Cutting of order against consideration of the bill. The rule Edge Medical Tool for the 21st Century,’’ 10 a.m., 2322 makes in order the Committee on Resources amend- Rayburn. ment in the nature of a substitute, now printed in Subcommittee on Telecommunications, Trade, and the bill, as an original bill for the purpose of amend- Consumer Protection, hearing entitled: ‘‘Foreign Govern- ment, which shall be open for amendment at any ment Ownership of American Telecommunications Com- panies,’’ 11 a.m., 2123 Rayburn. point. The rule waives all points of order against the Committee on International Relations, to mark up the fol- committee amendment in the nature of a substitute. lowing measures: H.R. 3378, Tijuana River Valley Estu- The rule authorizes the Chair to accord priority in ary and Beach Sewage Cleanup Act of 1999; H.R. 4673, recognition to Members who have pre-printed their Support for Overseas Cooperative Development Act; S. amendments in the Congressional Record. The rule 484, Bring Them Home Alive Act of 2000; H. Res. 547, allows the Chairman of the Committee of the Whole expressing the sense of the House of Representatives with to postpone votes during consideration of the bill, respect to the peace process in Northern Ireland; H. Con. and to reduce voting time to five minutes on a post- Res. 242, to urge the Nobel Commission to award the poned question if the vote follows a fifteen minute year 2000 Nobel Prize for Peace to former United States vote. Finally, the rule provides one motion to recom- Senator George J. Mitchell for his dedication to fostering mit with or without instructions. Testimony was peace in Northern Ireland; H.J. Res. 100, calling upon heard from Representatives Hansen and Cannon. the President to issue a proclamation recognizing the f 25th anniversary of the Helsinki Final Act; H.R. 1064, Serbia and Montenegro Democracy Act of 1999; and H. COMMITTEE MEETINGS FOR THURSDAY, Res. 451, calling for lasting peace, stability and justice SEPTEMBER 7, 2000 in Kosova, 10 a.m., 2172 Rayburn. Subcommittee on International Operations and Human (Committee meetings are open unless otherwise indicated) Rights, hearing on the State Department Annual Report Senate on International Religious Freedom for 2000, 1:30 p.m., 2172 Rayburn. Committee on Appropriations: Subcommittee on Labor, Committee on the Judiciary, Subcommittee on Immigra- Health and Human Services, and Education, to hold hear- tion and Claims, oversight hearing on Justice Department ings to examine stem cell research, 9:30 a.m., SD–124. Committee on Environment and Public Works: business Inspector General’s Report, ‘‘An Investigation of the Im- meeting to mark up S. 2962, to amend the Clean Air Act migration and Naturalization Service’s Citizenship USA to address problems concerning methyl tertiary butyl Initiative,’’ 10 a.m., 2226 Rayburn. ether, 9 a.m., SD–406. Committee on Resources, Subcommittee on National Parks Committee on Finance: business meeting to mark up and Public Lands, hearing on the following bills: H.R. pending calendar business, 10 a.m., SD–215. 4503, Historically Women’s Public Colleges or Univer- Committee on Foreign Relations: to hold hearings to exam- sities Historic Building Restoration and Preservation Act; ine religious persecution in the world, 9:30 a.m., and H.R. 5036, Dayton Aviation Heritage Preservation SD–419. Amendments Act of 2000, 10 a.m., 1324 Longworth. Committee on Governmental Affairs: Subcommittee on Committee on Science, Subcommittee on Space and Aero- International Security, Proliferation and Federal Services, nautics, hearing on the Technical Feasibility of Space to hold hearings to examine e-commerce activities of the Solar Power, 2 p.m., 2318 Rayburn. United States Postal Service, 10 a.m., SD–342. Committee on Small Business, Subcommittee on Tax, Fi- nance, and Exports, hearing on the complexity of the tax House code as it impacts small business, 10 a.m., 2360 Ray- Committee on Banking and Financial Services, Sub- burn. committee on Domestic and International Policy, hearing Committee on Veterans’ Affairs, Subcommittee on Health, and mark up of H.R. 5010, District of Columbia and to mark up the Department of Veterans Affairs Health United States Territories Circulating Quarter Dollar Pro- Care Personnel Act of 2000, 10 a.m., 334 Cannon. gram Act and to mark up H.R. 3679, 2002 Winter Committee on Ways and Means, Subcommittee on Olympic Commemorative Coin Act, 2 p.m., 2128 Ray- Human Resources, hearing on Unemployment Compensa- burn. tion, 10 a.m., B–318 Rayburn.

VerDate 11-MAY-2000 05:11 Sep 07, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE0.REC pfrm04 PsN: D06SE0 D866 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 7 10 a.m., Thursday, September 7

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4115, ation of H.R. 4733, Energy and Water Development Ap- Holocaust Museum Reauthorization (open rule, one hour propriations, with a vote on Daschle Amendment No. of debate); 4081; following which, Senate will vote on adoption of Consideration of H.R. 4678, Child Support Distribu- the motion to proceed to the consideration of H.R. 4444, tion Act of 2000 (modified closed rule, one hour of gen- PNTR for China. eral debate); Consideration of H.R. 4942, FY 2001 District of Co- lumbia Appropriations Act (complete consideration); Consideration of the conference report on H.R. 4516, FY 2001 Legislative Branch Appropriations Act; and Consideration of the veto on H.R. 8, Death Tax Elimi- nation Act of 2000.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E1413 Miller, Gary G., Calif., E1406 Inslee, Jay, Wash., E1407 Mink, Patsy T., Hawaii, E1409 Baca, Joe, Calif., E1410 Jenkins, William L., Tenn., E1411 Nadler, Jerrold, N.Y., E1411 Barcia, James A., Mich., E1408 Kleczka, Gerald D., Wisc., E1406 Ortiz, Solomon P., Tex., E1408 Bereuter, Doug, Nebr., E1413 Kucinich, Dennis J., Ohio, E1397, E1398, E1399, E1400, Paul, Ron, Tex., E1412 Berman, Howard L., Calif., E1411 E1402, E1403, E1405, E1412, E1413, E1413, E1414 Rahall, Nick J., II, West Va., E1404, E1405 Conyers, John, Jr., Mich., E1407 Lantos, Tom, Calif., E1397, E1398 Ros-Lehtinen, Ileana, Fla., E1398, E1400 Costello, Jerry F., Ill., E1408 Lee, Barbara, Calif., E1411, E1412 Stabenow, Debbie, Mich., E1413 Cramer, Robert E. (Bud), Jr., Ala., E1401, E1402, Lucas, Ken, Ky., E1407 Tauscher, Ellen O., Calif., E1401, E1402 E1403, E1405 McInnis, Scott, Colo., E1399, E1399, E1400, E1401, Towns, Edolphus, N.Y., E1401, E1403 Dixon, Julian C., Calif., E1410 E1402, E1403, E1404, E1405, E1407, E1407 Traficant, James A., Jr., Ohio, E1410 Farr, Sam, Calif., E1411 Markey, Edward J., Mass., E1412 Ney, Robert W., Ohio, E1398, E1399 Filner, Bob, Calif., E1408 Matsui, Robert T., Calif., E1409 Moakley, John Joseph, Mass., E1406 Gallegly, Elton, Calif., E1400, E1402 Menendez, Robert, N.J., E1397, E1399, E1400

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