E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 14, 2001 No. 34 House of Representatives The House met at 10 a.m. WELCOME TO DR. CALVIN C. caster and all of central Pennsylvania. Dr. Calvin C. Turpin, National Chap- TURPIN Radio and TV stations air public serv- lain, The American Legion, Hollister, (Mr. FARR of California asked and ice announcements from time to time California, offered the following pray- was given permission to address the as a service to their communities. er: House for 1 minute and to revise and I learned this week that WGAL do- Our Father and our God, ruler of all extend his remarks.) nated a total of 1,062 spots of valuable nations, recognizing that this is a day Mr. FARR of California. Mr. Speaker, air time to Ad Council public service that Thou hast made, we rejoice in the I am honored and privileged today to announcements. That is about three a blessing it brings. We thank thee for introduce Dr. Calvin Turpin, who just day, just for Ad Council. giving us this great and good land for gave us our prayer. Dr. Turpin hails I want to congratulate WGAL on its our heritage. Bless America with noble from my district, from the city of Hol- dedication to its community. Around industry and successful business, pro- lister, which is one of California’s old- Lancaster, Channel 8 is known as the ductive educational institutions, and est counties. Actually, Hollister is the hometown station. They have that rep- kind and gentle manners. earthquake capital of the world. Even utation by caring for our community, Spare us from violence, discord, and though it is a small county and a coun- doing their part to make the world a confusion. Grant to us the ability to ty seat, it has very powerful people. better place. preserve the liberties that come from Dr. Turpin is truly a citizen of the On behalf of Lancaster and central Thee. Make of us one united people, world. He has traveled the world over, Pennsylvania, I want to say thank you with justice and fairness that prevails inspiring service men and women to to all the good people at WGAL TV, without question; that there be peace maintain their faith in God and coun- Channel 8, in Lancaster. among all nations and all people. Bless try, even during the darkest hours of f President Bush. Guide those who legis- battle. He is a servant to all who have PRESIDENT BUSH’S TAX CUT late, and grant wisdom to those who served their country in good times and judge. Help America become the great- bad, and looked for the comfort of a (Mr. PASCRELL asked and was given er Nation she is capable of becoming. counsel. permission to address the House for 1 Amen. Currently Dr. Turpin fulfills his mis- minute and to revise and extend his re- sion to God as the national chaplain of marks.) f the American Legion. He does us all Mr. PASCRELL. Mr. Speaker, the proud in this role. But it is I who am President’s tax cut plan is not only THE JOURNAL proudest today to say that Dr. Turpin contrary to the goals and the needs of the American people, but it actually The SPEAKER. The Chair has exam- shares his wisdom and his grace with us, fresh from my district. I thank him flies in the face of the facts of the ined the Journal of the last day’s pro- promises we made here in the 106th ceedings and announces to the House for being here and for bringing a solid sense of duty and integrity to this Congress. his approval thereof. The fiscal year 2000 budget resolu- Pursuant to clause 1, rule I, the Jour- Chamber. Mr. Speaker, I include a biography of tion, do Members remember that? It nal stands approved. Dr. Turpin to be printed in the Exten- passed the House 221 to 208 on an al- sion of Remarks section of the RECORD. most entirely party-line vote. This f budget resolution specifically promised f that tax cuts would focus on ‘‘the PLEDGE OF ALLEGIANCE WGAL TV OF LANCASTER, lower- and middle-income taxpayers.’’ The SPEAKER. Will the gentleman PENNSYLVANIA The Republican majority promised from Pennsylvania (Mr. PLATTS) come (Mr. PITTS asked and was given per- that Congress will not approve ‘‘any forward and lead the House in the mission to address the House for 1 tax legislation’’ that would provide Pledge of Allegiance. minute and to revise and extend his re- substantially more benefits to the top Mr. PLATTS led the Pledge of Alle- marks.) 10 percent of the taxpayers than to the giance as follows: Mr. PITTS. Mr. Speaker, today I rec- remaining 90 percent. That is right in I pledge allegiance to the Flag of the ognize WGAL TV based in Lancaster, the budget resolution. United States of America, and to the Repub- Pennsylvania. For years, WGAL has What happened to the promise? The lic for which it stands, one nation under God, done a great job of providing local news tax plan offers substantially more ben- indivisible, with liberty and justice for all. and community programming for Lan- efits, 60 percent of the President’s tax

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.

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VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.000 pfrm02 PsN: H14PT1 H882 CONGRESSIONAL RECORD — HOUSE March 14, 2001 refund, to the top 10 percent of the deficit, is an America looking at a fi- that Medicare is being raided for the American taxpayers. In fact, this tax nancial disaster. purposes of paying for the tax cut. So cut returns 43 percent, nearly half of f both the young, who we seek to provide its benefits, to the top 1 percent of the educational reforms for and a quality CONGRATULATING HEBREW earners. program, and the elderly, who we seek HOMES HEALTH NETWORK, Why are my Republican colleagues prescription drug benefits for, who seek UNITED FOUNDATION FOR AIDS, now abandoning the promise that they to have their health care coverage AND SOUTH SHORE HOSPITAL made to the low- and middle-class folks taken care of, those funds are now FOR HELPING FROSENE of America? being raided to pay for the Bush tax SONDERLING CREATE THE JACK- f cut. SON PLAZA CENTER We should not allow it. We should un- EDDIE TIMANUS DEMONSTRATES (Ms. ROS-LEHTINEN asked and was derstand the priorities of this Nation; HOW ENDURANCE AND TENACITY given permission to address the House and the priorities of this Nation are CAN ALLOW US TO REALIZE OUR for 1 minute and to revise and extend that people want Social Security and GOALS her remarks.) Medicare protected, and they want a (Mr. RYUN of Kansas asked and was Ms. ROS-LEHTINEN. Mr. Speaker, first-class education system for Amer- given permission to address the House Frosene Sonderling’s wish came to fru- ica’s children. for 1 minute and to revise and extend ition in my hometown of Miami when We cannot have that if we have the his remarks.) Hebrew Homes Health Network and Bush tax cut. Mr. RYUN of Kansas. Mr. Speaker, United Foundation for AIDS opened f today I rise to share a story about a the Jackson Plaza Nursing and Reha- friend of mine who has overcome great bilitation Center. AMERICA MUST BE ON GUARD adversity. His name is Eddie Timanus. The center is dedicated to persons AGAINST RUSSIA AND ROGUE Eddie has been completely blind battling diabetes, Alzheimer’s, cancer, NATIONS since he was a toddler, but he has cho- and Frosene’s main cause, the elimi- (Mr. STEARNS asked and was given sen not to let this disability stop him nation of HIV–AIDS. permission to address the House for 1 from realizing his goals. In association with South Shore Hos- minute and to revise and extend his re- Eddie has dreamed of being a contest- pital, the beneficiaries of the Jackson marks.) ant on the TV game show Jeopardy. Plaza Center will now have access to Mr. STEARNS. Mr. Speaker, the After years of trying to make the cut, direct patient care, to housing, to com- President of Russia recently concluded he was selected in 1998. The producers munity service, and to education. The an agreement with the Ayatollah of of Jeopardy agreed to make accom- center is becoming a home to many in Iran. Russia has been helping Iran in modations for him, namely, giving our community in helping to preserve the development of a nuclear power Eddie a list of the categories in Braille. the quality of so many lives. plant, and that cooperation will con- Eddie went on to win five, count Mr. Speaker, today I congratulate tinue. that, five episodes of Jeopardy, and Hebrew Homes Health Network, United It is curious why a nation such as nearly $70,000. I know how much tenac- Foundation for AIDS, and the South Iran, a major petroleum producer, ity it has taken to accomplish these Shore Hospital for championing this would need nuclear power. I fear that kinds of dreams in spite of the hard- cause in our South Florida community, the answer is found elsewhere. This ships. Eddie deserves our admiration, and for making Frosene Sonderling’s agreement with Russia is also a major not just because he is a Jeopardy grand dream a reality. arms pact. Iran is seeking advanced champion, but because he is a testa- Frosene was a former constituent of military equipment from the Russian ment to the principle that enduring mine who worked tirelessly to raise government. trials produces endurance, which helps funds for AIDS research. She was a Global stability depends on isolating people bring the best out of them- noted contributor to organizations rogue nations, such as Iran, North selves. that help people infected with HIV, and Korea, Libya, and Syria. The Russians I want to thank Eddie for showing us she harbored her selfless passion to are providing arms and technical as- what people who are visually impaired help this infirm population. Her dona- sistance to a terrorist state which in- can do, and actually each one of us can tions benefited medical research for tends to expand its reach throughout do, when given the opportunity. AIDS treatment; and before her death, that vital region. f Frosene shared a dream of a state-of- The recent espionage case involving a the-art facility. We are now very proud top FBI official underscores the fact TIME TO STOP THE GRAVY TRAIN that it is in our midst. that Russia’s intentions towards the TO COMMUNISTS f United States are not benign. We still (Mr. TRAFICANT asked and was live in a dangerous world and the Rus- THE BUSH TAX CUT IS TOO BIG given permission to address the House sian government is making that world for 1 minute and to revise and extend (Mr. GEORGE MILLER of California less secure. We must be on our guard. his remarks.) asked and was given permission to ad- f Mr. TRAFICANT. Mr. Speaker, news dress the House for 1 minute and to re- reports say China and Russia will sign vise and extend his remarks.) BROKEN PROMISES BY PRESIDENT a treaty opposing U.S. policy. China Mr. GEORGE MILLER of California. BUSH and Russia say, and I quote: ‘‘America Mr. Speaker, it is becoming very clear (Mr. INSLEE asked and was given is too powerful and we must stymie that whether one is old or young, the permission to address the House for 1 their missile shield.’’ Bush tax cut is too big and will not minute and to revise and extend his re- Now, if that is not enough to spike allow us to meet the priorities of this marks.) our vodka, we give Russia billions of Nation. Mr. INSLEE. Mr. Speaker, that dollars a year in aid. China now takes For those parents who want a decent wrenching sound we heard from Penn- at least $10 billion a month out of the education, a first-class education for sylvania Avenue yesterday was Presi- American trade surplus. Some experts their children, who want quality teach- dent George Bush breaking a promise say it is as high as $20 billion a month. ers in every classroom, who want mod- to the American people. Last Sep- Mr. Speaker, we have a trade deficit ern schools, who want to make sure tember President Bush promised the of $40 billion a month. Think about it. that in fact we can reduce class sizes American people he would work to re- It is time to stop this gravy train to because we now know that children duce carbon dioxide pollution from these Communist pimps, so help me; learn better in smaller classes, the generating plants. Yesterday he broke half a trillion dollars a year, and they Bush tax cut is crowding that out. that pledge. have missiles pointed at us. For the elderly, the Washington Post Despite the fact that since last Sep- I yield back the fact that America, points out today that the Bush tax cut tember the evidence has accumulated with a half a trillion dollars in trade is a raid on the Medicare trust fund, rapidly, the global climate change is

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.002 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H883 occurring due to carbon dioxide pollu- children and the environment and to which shall be funded entirely from fees col- tion. Even though that evidence has in- protect them from the effects of cli- lected under section 3(c). creased, unfortunately, so has the ad- mate change. Yet now he has given in (c) USE.—The toll-free telephone number ministration’s willingness to follow the to the oil and gas industries who were shall be used solely to inform consumers as to whether products are registered under sec- dictates of the oil and gas industry. his biggest contributors. tion 3 as ‘‘Made in America’’. Consumers For a President who said that the The scientific community has con- shall also be informed that registration of a reason he did this is that he is worried cluded that climate change, global product does not mean— about an energy crisis, we find that warming is real and serious. Mr. (1) that the product is endorsed or ap- laughable in the West, because for the Speaker, I will soon reintroduce legis- proved by the Government; last 2 months we have been asking the lation to require oil and coal-fired (2) that the Secretary has conducted any President of the United States to do power plants to clean up their emis- investigation to confirm that the product is something about energy prices, to im- sions, including carbon dioxide. a product which meets the definition of ‘‘Made in America’’ in section 5; or pose a short-term wholesale price cap, In America today, dirty power is (3) that the product contains 100 percent and he has refused to even consider it. cheap power, and we need to act this United States content. We are going to urge him to recon- year to pass my legislation to clean up SEC. 3. REGISTRATION. sider that, because I can promise the these emissions, to clean up these old (a) PROPOSED REGULATION.—The Secretary Members this, this President broke his power plants and to get control of cli- of Commerce shall propose a regulation— promise. It has not broken our spirit to mate change carbon dioxide, which is (1) to establish a procedure under which bring Americans clean energy at a rea- threatening this country. the manufacturer of a product may volun- sonable price. tarily register such product as complying f with the definition of ‘‘Made in America’’ in f ANNOUNCEMENT BY THE SPEAKER section 5 and have such product included in THE QUALITY CHEESE ACT OF 2001 PRO TEMPORE the information available through the toll- (Ms. BALDWIN asked and was given free telephone number established under sec- The SPEAKER pro tempore (Mr. MIL- tion 2(a); permission to address the House for 1 LER of Florida). Pursuant to clause 8 of (2) to establish, assess, and collect a fee to minute and to revise and extend her re- rule XX, the Chair announces that he cover all the costs (including start-up costs) marks.) will postpone further proceedings of registering products and including reg- Ms. BALDWIN. Mr. Speaker, today I today on each motion to suspend the istered products in information provided will introduce the bipartisan Quality under the toll-free telephone number; rules on which a recorded vote or the Cheese Act of 2001, a bill that will pro- (3) for the establishment under section 2(a) yeas and nays are ordered, or on which hibit the use of dry ultra-filtered milk, of the toll-free telephone number pilot pro- the vote is objected to under clause 6 of of cassein, and milk-protein con- gram; and rule XX. centrates in the making of standard- (4) to solicit views from the private sector Any record votes on postponed ques- concerning the level of interest of manufac- ized cheese. tions will be taken after debate has turers in registering products under the b 1015 concluded on all motions to suspend terms and conditions of paragraph (1). the rules. (b) PROMULGATION.—If the Secretary deter- The plight of our Nation’s dairy mines based on the comments on the regula- farmers continues to worsen. In Wis- f tion proposed under subsection (a) that the consin alone, dairy farmers lost $500 MADE IN AMERICA INFORMATION toll-free telephone number pilot program million last year because prices and the registration of products is war- reached a 20-year low. My dairy farm- ACT ranted, the Secretary shall promulgate such ers simply cannot stay in business with Mr. STEARNS. Mr. Speaker, I move regulation. prices at these levels. to suspend the rules and pass the bill (c) REGISTRATION FEE.— Dry ultra-filtered milk and its de- (H.R. 725) to establish a toll free num- (1) IN GENERAL.—Manufacturers of products included in information provided under sec- rivatives such as milk protein con- ber under the Federal Trade Commis- tion 2 shall be subject to a fee imposed by centrates, MPCs, are allowed into our sion to assist consumers in deter- the Secretary of Commerce to pay the cost country basically duty free. In many mining if products are American-made, of registering products and including them countries, the costs of its production is as amended. in information provided under subsection (a). subsidized, placing our dairy producers The Clerk read as follows: (2) AMOUNT.—The amount of fees imposed at a competitive disadvantage. H.R. 725 under paragraph (1) shall— I do not want a cheap, subsidized im- (A) in the case of a manufacturer, not be Be it enacted by the Senate and House of Rep- greater than the cost of registering the man- port to take the place of our dairy resentatives of the United States of America in farmers’ wholesome milk in cheese ufacturer’s product and providing product in- Congress assembled, formation directly attributable to such man- vats in this country. SECTION 1. SHORT TITLE. ufacturer; and Please join me in supporting the This Act may be cited as the ‘‘Made in (B) in the case of the total amount of fees, Quality Cheese Act of 2001. America Information Act’’. not be greater than the total amount appro- f SEC. 2. ESTABLISHMENT OF TOLL-FREE TELE- priated to the Secretary of Commerce for PHONE NUMBER PILOT PROGRAM. salaries and expenses directly attributable to BUSH BREAKS PROMISE ON (a) ESTABLISHMENT.—If the Secretary of registration of manufacturers and having CARBON DIOXIDE EMISSIONS Commerce determines, on the basis of com- products included in the information pro- (Mr. ALLEN asked and was given ments submitted in the rulemaking under vided under section 2(a). permission to address the House for 1 section 3, that— (3) CREDITING AND AVAILABILITY OF FEES.— minute and to revise and extend his re- (1) interest among manufacturers is suffi- (A) IN GENERAL.—Fees collected for a fiscal cient to warrant the establishment of a 3- marks.) year pursuant to paragraph (1) shall be cred- year toll-free telephone number pilot pro- ited to the appropriation account for salaries Mr. ALLEN. Mr. Speaker, President gram; and and expenses of the Secretary of Commerce Bush has broken his promise. During (2) manufacturers will provide fees under and shall be available in accordance with ap- his campaign and even until last week, section 3(c) so that the program will operate propriation Acts until expended without fis- President Bush had committed to re- without cost to the Federal Government; cal year limitation. ducing carbon dioxide emissions from the Secretary shall establish such program (B) COLLECTIONS AND APPROPRIATION power plants. solely to help inform consumers whether a ACTS.—The fees imposed under paragraph In a speech last September in Michi- product is ‘‘Made in America’’. The Sec- (1)— gan, the President said, and I quote, retary shall publish the toll-free telephone (i) shall be collected in each fiscal year in ‘‘We will require all power plants to number by notice in the Federal Register. an amount equal to the amount specified in appropriation Acts for such fiscal year; and meet clean air standards in order to re- (b) CONTRACT.—The Secretary of Com- merce shall enter into a contract for— (ii) shall only be collected and available for duce emissions of sulfur dioxide, nitro- (1) the establishment and operation of the the costs described in paragraph (2). gen oxide, mercury and carbon diox- toll-free telephone number pilot program SEC. 4. PENALTY. ide.’’ provided for in subsection (a); and Any manufacturer of a product who know- He made this promise to the Amer- (2) the registration of products pursuant to ingly registers a product under section 3 ican people to protect the health of our regulations issued under section 3; which is not ‘‘Made in America’’—

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.006 pfrm02 PsN: H14PT1 H884 CONGRESSIONAL RECORD — HOUSE March 14, 2001 (1) shall be subject to a civil penalty of not American consumers are increasingly (Mr. TRAFICANT), my colleague, on this more than $7500 which the Secretary of Com- sensitive as to whether a product is topic that we are dealing with today. merce may assess and collect, and ‘‘Made in America.’’ Such sensitivity H.R. 725 provides for the Secretary of (2) shall not offer such product for pur- has certainly applied to the U.S. gov- Commerce to establish a toll-free num- chase by the Federal Government. ernment procurement process. Since ber to help consumers identify which SEC. 5. DEFINITIONS. For purposes of this Act: 1942, the so-called Berry amendment products are ‘‘Made in America.’’ This (1) MADE IN AMERICA.—The term ‘‘Made in has prevented the use of any funds ap- new program would operate as a pilot America’’ has the meaning given unqualified propriated to the Department of De- program for 3 years. It would not cost ‘‘Made in U.S.A.’’ or ‘‘Made in America’’ fense to be used to purchase an item of taxpayers anything. It would be paid claims for purposes of laws administered by food or clothing not produced in the for entirely out of fees collected for the Federal Trade Commission. United States. manufacturers who wish to register (2) PRODUCT.—The term ‘‘product’’ means a The Defense Logistics Agency can their products as ‘‘Made in America.’’ product with a retail value of at least $250. issue a waiver of the Berry amendment This legislation is predicted on one SEC. 6. RULE OF CONSTRUCTION. upon a determination of a nonavail- simple premise and belief, that con- Nothing in this Act or in any regulation promulgated under section 3 shall be con- ability, meaning there is no available sumers will choose to buy products strued to alter, amend, modify, or otherwise domestic producer. The Defense Logis- made right here in the United States affect in any way, the Federal Trade Com- tics Agency decided to waive the Berry by American workers, if they are given mission Act or the opinions, decisions, rules, amendment requirement recently in that opportunity. or any guidance issued by the Federal Trade order to procure 1.3 million berets for In a 1997 rulemaking, the Federal Commission regarding the use of unqualified the Army at a cost of $26 million based Trade Commission reported that 84 per- ‘‘Made in U.S.A.’’ or ‘‘Made in America’’ on nonavailability. cent of the respondents to a National claims in labels on products introduced, de- The rationale for the waiver, we are Consumers League survey said that livered for introduction, sold, advertised, or they were more likely to buy an item offered for sale in commerce. told, is that Americans suppliers would Amend the title so as to read: ‘‘A bill to di- not be able to supply the Army’s needs that was made in the USA than to buy rect the Secretary of Commerce to provide to have the berets in time for its 225th an equivalent foreign-made product. for the establishment of a toll-free telephone anniversary on June 14. We are also A majority of those surveyed also number to assist consumers in determining told that American suppliers, even if said that they find the made in U.S. whether products are American-made.’’. given adequate time, if they are given label either frequently or always mean- The SPEAKER pro tempore. Pursu- adequate time, can meet the orders’ re- ingful when they are shopping. ant to the rule, the gentleman from quirements. Congress also long ago recognized Florida (Mr. STEARNS) and the gentle- Personally, I believe that if a uni- that made in the USA label is both woman from California (Mrs. CAPPS) versal black beret is going to serve as meaningful and important. each will control 20 minutes. a symbol for the United States Army Mr. Speaker, I want to cite the same The Chair recognizes the gentleman in the 21st Century, it should not be example that my colleague did in from Florida (Mr. STEARNS). made in China. Fortunately, the Pen- pointing out that, out of respect and GENERAL LEAVE tagon decided yesterday to revisit this honor both for American workers as Mr. STEARNS. Mr. Speaker, I ask issue. well as those who serve our country in unanimous consent that all Members Early in the history of this country, uniform, Congress has required mili- may have 5 legislative days within we have had high tariffs to protect our tary uniforms to be ‘‘Made in the USA’’ which to revise and extend their re- industries. Now we have low tariffs and for the past 50 years, except in time of marks and include therein extraneous are part of a global economy. There crisis. That is why, Mr. Speaker, I was material on H.R. 725, as amended. must be a balance, my colleagues, if we also shocked to learn that the Pen- The SPEAKER pro tempore. Is there are to preserve American jobs and in- tagon has recently awarded $26 million objection to the request of the gen- dustry, while also enjoying the benefits in contracts mostly to foreign pro- tleman from Florida? of world trade. ducers for 21⁄2 million black berets that There was no objection. Americans have seen a proliferation are now to become the official new Mr. STEARNS. Mr. Speaker, I yield of products from other countries. My headgear of all of the Army troops. Ac- myself such time as I may consume. colleagues, this simple bill gives Amer- cording to the Army, these new berets Mr. Speaker, we are constantly re- icans the knowledge to make an edu- will be made in plants in China, Roma- minded in our daily lives that knowl- cated choice in the purchase of Amer- nia, and Sri Lanka, among other for- edge is power. Under H.R. 725, the ican-made goods. eign countries. American consumer has the power to Let me close my statement by com- I was also disturbed by press ac- determine if a product is indeed ‘‘Made mending the gentleman from Ohio (Mr. counts that cited that awarding this in America.’’ This bill, introduced by TRAFICANT) for his persistence and te- contract to these foreign firms could the gentleman from Ohio (Mr. TRAFI- nacious promotion of this bill and for even be more expensive for American CANT), my friend, will make ‘‘Made in introducing this bill so that we have taxpayers. It has been reported that America’’ product information more this opportunity this morning. the overseas beret is nearly twice as readily accessible to the consumer and Last Congress, the House passed this expensive as one which could be ‘‘Made without cost to the Federal Govern- legislation almost identical to H.R. 725, in America’’ but could not be ready in ment. so I do not believe we will have any time for the deadline that was imposed. Currently, my colleagues, there is no trouble today, but I think it is impor- For the first time, most American central repository for lists of Amer- tant and particularly in light of what men and women serving in the Army ican-made products. H.R. 725 estab- has happened in the Department of De- would soon see a ‘‘Made in China’’, for lishes a 3-year pilot program creating fense and reading in the paper their de- example, or other such label when they such a repository entirely funded by cision to stop the procurement of the take off their berets, rather than a fees assessed to manufacturers that berets being manufactured in China. ‘‘Made in the USA’’ label. choose to voluntarily list their prod- Mr. Speaker, I reserve the balance of This decision will harm U.S. compa- ucts in this database. my time. nies and American workers and may, in Mr. Speaker, under this pilot pro- Mrs. CAPPS. Mr. Speaker, I yield fact, waste taxpayer dollars. gram, a toll-free telephone number is myself such time as I may consume. That is why the gentleman from Cali- established to facilitate consumer ac- Mr. Speaker, I urge my colleagues to fornia (Mr. HUNTER), my colleague, and cess to the database. It is important to support H.R. 725, the Made in America I have been circulating a letter to the note that participation in the program Information Act. I commend the lead- President asking that this short-sight- is voluntary and that the operation and ership of the gentleman from Florida ed decision be reconsidered. maintenance of the toll-free number (Mr. STEARNS), my colleague, for this I hope all of my colleagues on both and database shall be contracted out to time on the floor. sides of the aisle will join me in this ef- a third party by the Department of Mr. Speaker, I also commend the per- fort, and it is a way of underscoring Commerce. sistence of the gentleman from Ohio the importance of H.R. 725 as a good

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.001 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H885 bill that will help consumers to buy whelming vote, and I certainly ask this motion offered by the gentleman from American if they so choose. chairman to do all he can in promoting Florida (Mr. STEARNS) that the House Mr. Speaker, I urge my colleagues to it with the other body. suspend the rules and pass the bill, support this legislation. Mr. STEARNS. Mr. Speaker, I yield H.R. 725, as amended. Mr. Speaker, I yield 3 minutes to my myself such time as I may consume. The question was taken. colleague, the gentleman from Ohio Mr. Speaker, I have a few comments The SPEAKER pro tempore. In the (Mr. TRAFICANT). before I yield back my time. Obviously, opinion of the Chair, two-thirds of Mr. TRAFICANT. Mr. Speaker, I years from now little will be remem- those present have voted in the affirm- want to thank the gentleman from bered about this debate this morning. ative. Louisiana (Mr. TAUZIN), the gentleman But in many ways, as my colleagues Mr. STEARNS. Mr. Speaker, on that from Michigan (Mr. DINGELL), the gen- know, Mr. Speaker, there is a time and I demand the yeas and nays. tleman from Michigan (Mr. UPTON), the a moment when there is a sense of The yeas and nays were ordered. gentleman from Massachusetts (Mr. goodwill and a feeling in the House The SPEAKER pro tempore. Pursu- MARKEY), certainly the gentleman when we are doing something that ant to clause 8 of rule XX and the from Florida (Mr. STEARNS), my good makes all Americans feel patriotic. I Chair’s prior announcement, further friend, and the gentlewoman from Cali- think this bill that the gentleman from proceedings on this motion will be fornia (Mrs. CAPPS) for bringing this Ohio (Mr. TRAFICANT) is offering does postponed. resolution and bill out early in the ses- just that. f sion. I am so glad the Army, who is going Mr. Speaker, I took to the floor sev- to celebrate their 225th anniversary, ELECTION OF MEMBERS TO CER- eral years ago when the Air Force was has decided to hold off procuring the TAIN STANDING COMMITTEES OF buying military boots made in China. berets overseas and having them manu- THE HOUSE The Pentagon was embarrassed, and factured in China. I hope they will Mr. FROST. Mr. Speaker, by direc- that was stopped. sense this feeling that we have this tion of the Democratic Caucus, I offer But I want my colleagues to under- morning, that this bill does not cost a privileged resolution (H.R. 88) and stand, the prestigious elite Army anything and is symbolic, is important ask for its immediate consideration. Ranger force to remove their beret and for the welfare of all Americans. I urge The Clerk read the resolution, as fol- to have a fellow tax-paying American its adoption. lows: seeing a ‘‘Made in China’’ label in it? Mr. Speaker, I yield back the balance One thing America does not need is H. RES. 88 of my time. protectionism. We need fair trade poli- Resolved, That the following named Mem- Mrs. CAPPS. Mr. Speaker, I would bers be, and are hereby, elected to the fol- cies for sure. comment also that I join my colleague And remember this, for every billion lowing standing committees of the House of in agreeing that this is a very timely dollars worth of trade deficit, we lose Representatives: topic to be discussing right now. Committee on Agriculture: to rank imme- 20,000 jobs; and I would like the gentle- Ms. JACKSON-LEE of Texas. Mr. Speaker, diately after Mr. Phelps of Illinois, Mr. woman from Florida to realize that, I rise today in support of H.R. 725, the Made Lucas of Kentucky; to rank immediately last quarter, America’s trade deficit in America Information Act. The measure de- after Mr. Acevedo-Vila´ of Puerto Rico, Mr. was $119 billion. It is approaching $40 serves our strong support to make sure the Kind of Wisconsin and Mr. Shows of Mis- billion a month. Times that by 20,000 sissippi; American worker can compete fairly with any jobs, and they are not burger flippers, Committee on the Budget: Mr. Matheson of competitor. we have got a crisis. No one is really Utah. This bill requires the Commerce Depart- looking at this crisis; and my little bill The resolution was agreed to. ment, if sufficient industry interest exists, to simply says, look, I believe the Amer- A motion to reconsider was laid on establish and operate for 3 years a toll-free ican consumer will buy an American the table. telephone number to help U.S. consumers de- product if it is competitively priced. termine which consumer products are Amer- f The Traficant bill would work this ican-made. Under the measure, this hotline way: A couple in Chicago setting up MARJORY WILLIAMS SCRIVENS would be operated through a private con- homekeeping is going to buy a refrig- POST OFFICE tractor at no cost to the government, with the erator, stove, washer and dryer. They Mr. PLATTS. Mr. Speaker, I move to cost of operations to be paid for by fees from can call the 1–800 number and say, suspend the rules and pass the bill these manufacturers who voluntarily register look, I would like to buy an American (H.R. 364) to designate the facility of their products with this hotline. product. What American products are the United States Postal Service lo- The measure allows only American-made made in refrigerators, in washers and cated at 5927 Southwest 70th Street in products having a retail value of approximately dryers, and could I please have a list of Miami, Florida, as the ‘‘Marjory Wil- $250 or more to be registered. Consumers them? liams Scrivens Post Office’’. calling the hotline would have to be informed My God, what is wrong with us? I am The Clerk read as follows: that registration of a product on the hotline asking House leadership to now help H.R. 364 with the Senate to get beyond this does not mean that the product contains 100 percent U.S.-made content, that the govern- Be it enacted by the Senate and House of Rep- guise of protectionism and, for God’s resentatives of the United States of America in sake, look at America and our working ment does not endorse the product, and that the Federal Government has not conducted an Congress assembled, people and our consumer habits and SECTION 1. DESIGNATION. practices. investigation to confirm the definition of ‘‘American made.’’ Manufacturers who know- The facility of the United States Postal b 1030 Service located at 5927 Southwest 70th Street ingly register a product that is not American- in Miami, Florida, shall be known and des- This is simply a very modest bill. made would be subject to civil penalties, and ignated as the ‘‘Marjory Williams Scrivens There will be no more Federal workers the product in question could not be pur- Post Office’’. needed to be hired. Any cost will be chased by any unit of the Federal Govern- SEC. 2. REFERENCES. borne by American companies who will ment. Any reference in a law, map, regulation, be proud to say, Yes, my product is Passage of this legislation sends an impor- document, paper, or other record of the made in America. Come see it. tant message to our workers. U.S. workers United States to the facility referred to in Now, one will see more foreign manu- should not be shortchanged as they seek to section 1 shall be deemed to be a reference to facturers moving to America so they compete in the global marketplace. Accord- the Marjory Williams Scrivens Post Office. can say ‘‘Our product is made in Amer- ingly, I urge my colleagues to support the leg- The SPEAKER pro tempore. Pursu- ica.’’ If that Japanese company moves islation. ant to the rule, the gentleman from to America and makes it in America, it Mrs. CAPPS. I have no further speak- Pennsylvania (Mr. PLATTS) and the will be listed on the first-time register ers, Mr. Speaker; and I yield back the gentlewoman from Florida (Mrs. MEEK) of American-made products. balance of my time. each will control 20 minutes. Mr. Speaker, this is a good common The SPEAKER pro tempore (Mr. MIL- The Chair recognizes the gentleman sense American bill. I ask for an over- LER of Florida). The question is on the from Pennsylvania (Mr. PLATTS).

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.010 pfrm02 PsN: H14PT1 H886 CONGRESSIONAL RECORD — HOUSE March 14, 2001 GENERAL LEAVE Mrs. Scrivens was motivated for pub- The Chair recognizes the gentleman Mr. PLATTS. Mr. Speaker, I ask lic service. She wanted a challenge. from Pennsylvania (Mr. PLATTS). unanimous consent that all Members She kept dropping by the Federal GENERAL LEAVE may have 5 legislative days within building to check on government jobs. Mr. PLATTS. Mr. Speaker, I ask which to revise and extend their re- This was when there was, perhaps, no unanimous consent that all Members marks on H.R. 364. woman in that county who had ever may have 5 legislative days within The SPEAKER pro tempore. Is there worked for the post office. So she start- which to revise and extend their re- objection to the request of the gen- ed dropping by. marks on H.R. 821. tleman from Pennsylvania? Finally, she saw a clerk-carrier list- The SPEAKER pro tempore. Is there There was no objection. ed; and she took the test and passed. objection to the request of the gen- Mr. PLATTS. Mr. Speaker, I yield She was not afraid to work. tleman from Pennsylvania? myself such time as I may consume. So today, Mr. Speaker, it is fitting There was no objection. Mr. Speaker we have before us H.R. that we honor Marjory Williams Mr. PLATTS. Mr. Speaker, I yield 364, designating the facility of the Scrivens, not only because of who she myself such time as I may consume. United States Postal Service located at was, but for all that she did. I am very Mr. Speaker, the bill before us, H.R. 5927 Southwest 70th Street in Miami, pleased that the Florida delegation has 821, was introduced by the gentleman Florida, as the Margery Williams cosponsored this bill and the leadership from North Carolina (Mr. COBLE). This Scrivens Post Office. The distinguished has seen fit to put it on the calendar. legislation designates the post office gentlewoman from Florida (Mrs. MEEK) This effort has very wide community located at 1030 South Church Street in introduced this legislation on January support, including endorsements from Asheboro, North Carolina, be known as 31, 2001. It is supported by all House the South Florida Letter Carriers As- the W. Joe Trogdon Post Office Build- Members of the State of Florida pursu- sociation, the Mount Olive Missionary ing. Each Member of the House delega- ant to the policy of the Committee on Baptist Church, Miami Times news- tion from the State of North Carolina Government Reform. paper, and more than 1,200 signatures has cosponsored this legislation pursu- Marjory Williams Scrivens started on more than 63 pages. ant to the policy of the Committee on working for the United States Postal Mr. Speaker, I am pleased to support Government Reform. Service in 1970, and in 1972 she was one the naming of the United States Post Mr. Trogdon was born in Asheboro, of the first women to deliver mail in Office in South Miami as the Marjory North Carolina, in 1932 and was edu- the Miami-Dade County area in Flor- Williams Scrivens Post Office. cated in the Asheboro city school sys- ida. Mr. Speaker, I have no further re- tem. He then attended North Carolina Ms. Scrivens succumbed to bone can- quests for time, and I yield back the State University from 1950 to 1954. He cer a year ago. Mr. Speaker, I urge our balance of my time. participated in the Army ROTC pro- colleagues to support H.R. 364 as an ap- Mr. PLATTS. Mr. Speaker, I yield gram while studying at NC State. propriate tribute to Marjory Williams back the balance of my time. Mr. Trogdon served our Nation as a Scrivens in naming the post office for The SPEAKER pro tempore. The 2nd lieutenant in the United States her many dedicated years of service to question is on the motion offered by Army Security Agency on active duty the postal service. the gentleman from Pennsylvania (Mr. in Germany for 2 years, from 1955 to Mr. Speaker, I reserve the balance of PLATTS) that the House suspend the 1957. In 1957, he was made a 1st lieuten- my time. rules and pass the bill, H.R. 364. ant in the Army and served in the inac- Mrs. MEEK of Florida. Mr. Speaker, I The question was taken; and (two- tive reserve until 1963. yield myself such time as I may con- thirds having voted in favor thereof) Mr. Trogdon served on the Asheboro sume. the rules were suspended and the bill Planning Board from 1964 to 1973 and Mr. Speaker, H.R. 364 designates the was passed. the Asheboro City Council from 1973 facility of the United States Post Of- A motion to reconsider was laid on until 1983. He was then elected mayor fice service located at 5927 Southwest the table. of the city of Asheboro and continues 70th Street in Miami, Florida, as the f to hold that position. He is the former Marjory Williams Scrivens Post Office. chairman of the Piedmont Triad Coun- A lot of times when we dedicate post W. JOE TROGDON POST OFFICE cil of Government and a former mem- offices, Mr. Speaker, we do not really BUILDING ber of the board of directors for the pay much attention to the persons for Mr. PLATTS. Mr. Speaker, I move to North Carolina League of Municipali- whom they are named. We try to be suspend the rules and pass the bill ties. sure that, since this is a Federal facil- (H.R. 821) to designate the facility of Mayor Trogdon is also an active ity, that people who are worthy of this the United States Postal Service lo- member of the Asheboro Jaycees, the commendation be chosen. cated at 1030 South Church Street in Kiwanis Club, the Rotary Club, the Mrs. Scrivens was an unusual Asheboro, North Carolina, as the ‘‘W. East Hog-Eye Yacht Club, and the woman. She started working for the Joe Trogdon Post Office Building’’. board of directors for the Wachovia post office in 1979, and she was the first The Clerk read as follows: Bank & Trust. He is also a member of female letter carrier in Dade County. H.R. 821 the board of trustees of the First Mrs. Scrivens was only the second Be it enacted by the Senate and House of Rep- United Methodist Church. woman in this entire country to serve resentatives of the United States of America in Mr. Trogdon is the president of a as a letter carrier during that time. Congress assembled, family-owned business of general con- She was very popular. She was a SECTION 1. W. JOE TROGDON POST OFFICE tractors, which was established in 1928. trailblazer. She worked for the post of- BUILDING. Mr. Speaker, it is fitting that a post fice in an exemplary manner for 22 (a) DESIGNATION.—The facility of the office be dedicated to a gentleman who years. Many times she was very instru- United States Postal Service located at 1030 has given his life to public service in a mental in correcting the identification South Church Street in Asheboro, North city where he was born and grew up. of those who carry the mail from post- Carolina, shall be known and designated as I urge our colleagues to support H.R. the ‘‘W. Joe Trogdon Post Office Building’’. men to mailmen to letter carrier. (b) REFERENCES.—Any reference in a law, 821, a bill that honors Mayor W. Joe She brought a respect to this par- map, regulation, document, paper, or other Trogdon. I also want to recognize the ticular job; and it was good for, not record of the United States to the facility re- dedicated work of the gentleman from only the post office, but for the people ferred to in subsection (a) shall be deemed to North Carolina (Mr. COBLE) for spon- of the community. be a reference to the W. Joe Trogdon Post soring this legislation and for the other Her colleagues fondly remember her Office Building. Members of the delegation in cospon- as one who was very proud of her job. The SPEAKER pro tempore. Pursu- soring and bringing this issue to the ‘‘We would always point to Marjory ant to the rule, the gentleman from floor. Scrivens as a good example of a job Pennsylvania (Mr. PLATTS) and the Mr. Speaker, I yield such time as he well done,’’ said one of her former su- gentlewoman from Florida (Mrs. MEEK) may consume to the gentleman from pervisors. each will control 20 minutes. North Carolina (Mr. COBLE).

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.017 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H887 Mr. COBLE. Mr. Speaker, I thank the from Pennsylvania pointed out. He our district representative in the gentleman from Pennsylvania for grew up in the town of Asheboro. Joe Asheboro office; and Missy, who is from yielding me this time. received his college diploma from Thomasville, North Carolina, is our Mr. Speaker, I may repeat some that North Carolina State University in Ra- legislative director here; and both of has already been said, but this is im- leigh. Joe honorably served in the them worked tirelessly on this legisla- portant to the people of Asheboro, and United States Army in Germany; 6 tion, and I thank them for their ef- I want to go into a little more detail. years in the U.S. Army Reserve; and forts. At the outset, I want to thank the following his tour of duty in Germany, It is for my friend and constituent, gentleman from Indiana (Mr. BURTON), Joe returned to his boyhood home to Joe Trogdon, that I move to pass this the Republican leadership, and the begin work in the family business. But bill today. We wish Joe’s wife could Members of the North Carolina con- that was not enough for Joe Trogdon. still be with us, but we know that Anne gressional delegation for their assist- Nearly 4 decades ago, Joe started his Trogdon is smiling down upon us ance in bringing this legislation to the public service career in Asheboro. He today. Joe and Anne’s three children floor in such a timely manner. has served as a member of the and six grandchildren are very proud of On March 1 of this year, Mr. Speaker, Asheboro Planning Board, the City what we are doing today. I introduced H.R. 821, a bill to des- Council, the Piedmont Triad Council of Mr. Speaker, I hope you will all join ignate the new post office at Asheboro, Governments, the North Carolina me in celebrating this great man by North Carolina, as the W. Joe Trogdon League of Municipalities, and since voting in support of this bill desig- Post Office Building. 1983, as Mayor of Asheboro. nating the new post office in Asheboro, Several years ago, it became appar- Joe also gives of his time and talent North Carolina, as the W. Joe Trogdon ent that the former postal facilities in to civic groups and associations such Post Office Building. My hat goes off to Asheboro were not adequate. In fact, as the Asheboro Jaycees, the Asheboro Joe, and I thank you all for what you the building was literally falling down. Kiwanis Club, the Asheboro Rotary have done for Asheboro and Randolph Condemnation of the original post of- Club, and the East Hog-eye Yacht Club. County. What we do here today is a fit- fice in 1997 expedited the need for a new Joe is also on the board of trustees of ting tribute to your dedicated career of building to serve the area. the First United Methodist Church in public service, Joe Trogdon. During this process, Mayor Joe Asheboro. What you can say about this Mrs. MEEK of Florida. Mr. Speaker, I Trogdon was instrumental in coordi- man is that Joe Trogdon does not be- yield myself 1 minute to speak about nating the wishes of his community lieve in sitting idly on the sidelines. this outstanding person for whom the with the requirements of the United When work needs to be done, Joe is the gentleman from North Carolina (Mr. States Postal Service. He encouraged first one to pitch in and help. Through COBLE) has decided to name a post of- the people of Asheboro to actively his many years of dedication to the fice. voice their views regarding the loca- people of Asheboro, Joe has always put Listening to all of the information tion of the new post office to ensure the needs and views of his constituents concerning this mayor, he must be a that this new facility would be built first and foremost, and for that reason very outstanding man and has made a where it would best serve Asheboro and he has gained the respect and support great contribution to his community, Randolph County. of the people he represents. so it is good he is getting his flowers Mr. Speaker, I do not know how Mr. Speaker, I am not alone in my while he is alive and will hear the ac- many of my colleagues have been in- desire to honor Joe Trogdon. We have clamations that will come from his volved in building or in relocating post heard from a number of groups in the community. office buildings, but it involves an eter- area encouraging us to introduce legis- The gentleman from North Carolina nal maze. For many years, the citizens lation to name the Post Office in (Mr. COBLE) is to be commended in of Asheboro have been inconvenienced Asheboro in honor of Joe. Included on seeking to honor Mayor Trogdon. The by the poor accessibility, insufficient this list is the Asheboro City Council, mayor has shown tremendous leader- parking, and hectic traffic patterns the Randolph County Board of Com- ship and deserves to be acknowledged surrounding the old post office. missioners, the Home Builders Associa- for his hard work. I urge swift passage After searching for a potential site tion of Asheboro and Randolph County, of this bill. for the new building, negotiating and the American Legion Post 45 of Mr. Speaker, I yield back the balance renegotiating with the U.S. Postal Asheboro, the Randolph County Senior of my time. Service and various landowners in the Adults Association and the Asheboro/ Mr. PLATTS. Mr. Speaker, I yield area, the project was finally com- Randolph Chamber of Commerce. back the balance of my time. pleted. This tremendous new asset to Additionally, private citizens sent The SPEAKER pro tempore (Mr. MIL- the community will have its official letters of support to our office to en- LER of Florida). The question is on the grand opening on Sunday, April 1. dorse this proposal, including my good motion offered by the gentleman from Although it has been a long and, at friend, North Carolina State Rep- North Carolina (Mr. COBLE) that the times, a tenuous process, the commu- resentative Arlie Culp. House suspend the rules and pass the nity, under the leadership of Mayor Mr. Speaker, for the benefit of my bill, H.R. 821. Trogdon, was able to work through the colleagues, one of my constituents did The question was taken; and (two- many frustrations and disappointments contact me and expressed his opposi- thirds having voted in favor thereof) and now has seen its goal of a gleaming tion to the naming of this building, not the rules were suspended and the bill new postal facility become a reality. because it was being named to honor was passed. Once the location for the new post of- Joe Trogdon, but he expressed his con- A motion to reconsider was laid on fice building has been determined, the cern that Federal buildings should not the table. omnibus task of picking the perfect bear the name of people still living. I f name still remained. In my opinion, explained that rules governing the GENERAL LEAVE the name of the building should reflect naming of Federal buildings do not pro- a constant presence in the community, hibit the naming of buildings for peo- Mr. SENSENBRENNER. Mr. Speak- a person who has given of his time, ple alive, and I do not think anybody is er, I ask unanimous consent that all heart and spirit, not only in the cre- interested in accelerating Joe Members may have 5 legislative days ation of this post office, but to the Trogdon’s death to make him eligible within which to revise and extend their growth and prosperity of the city of to have his name put on the post office remarks and include extraneous mate- Asheboro. building, so I hope that gentleman’s rial on the following bills: discomfort will be assuaged somewhat H.R. 809, H.R. 741, H.R. 860, S. 320, b 1045 after he reconsiders it. H.R. 861 and H.R. 802. That being said, I can think of no one Mr. Speaker, I am about to close, but The SPEAKER pro tempore. Is there more qualified who exemplifies that de- I would be remiss if I failed to mention objection to the request of the gen- scription than Mayor Joe Trogdon. He the names of Rebecca Redding Wil- tleman from Wisconsin? is a hometown boy, as the gentleman liams and Missy Branson. Rebecca is There was no objection.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.020 pfrm02 PsN: H14PT1 H888 CONGRESSIONAL RECORD — HOUSE March 14, 2001 ANTITRUST TECHNICAL 2000 Information and Readiness Disclosure that may be at issue in an antitrust CORRECTIONS ACT OF 2001 Act (Public Law 105–271) is amended by in- case. serting a period after ‘‘failure’’. And, third, it can create a circus at- Mr. SENSENBRENNER. Mr. Speak- SEC. 3. EFFECTIVE DATE; APPLICATION OF er, I move to suspend the rules and mosphere in the deposition of a high AMENDMENTS. profile figure. In an appeal in the pass the bill (H.R. 809) to make tech- (a) EFFECTIVE DATE.—Except as provided in Microsoft case, the U.S. Court of Ap- nical corrections to various antitrust subsection (b), this Act and the amendments peals for the District of Columbia Cir- laws and to references to such laws. made by this Act shall take effect on the cuit invited Congress to repeal this The Clerk read as follows: date of the enactment of this Act. (b) APPLICATION TO CASES.—(1) Section 2(a) law. H.R. 809 shall apply to cases pending on or after the Second, H.R. 809 repeals the antitrust Be it enacted by the Senate and House of Rep- date of the enactment of this Act. provision in the Panama Canal Act. resentatives of the United States of America in (2) The amendments made by subsections Section 11 of the Panama Canal Act Congress assembled, (b), (c), and (d) of section 2 shall apply only provides no vessel owned by someone SECTION 1. SHORT TITLE. with respect to cases commenced on or after the date of the enactment of this Act. who is violating the antitrust laws This Act may be cited as the ‘‘Antitrust may pass through the Panama canal. Technical Corrections Act of 2001’’. The SPEAKER pro tempore. Pursu- The committee has not been able to SEC. 2. AMENDMENTS. ant to the rule, the gentleman from determine why this provision was (a) ACT OF MARCH 3, 1913.—The Act of Wisconsin (Mr. SENSENBRENNER) and added to the act or whether it has ever March 3, 1913 (chapter 114, 37 Stat. 731; 15 the gentleman from Michigan (Mr. U.S.C. 30) is repealed. been used. However, with the return of CONYERS) each will control 20 minutes. the canal to Panamanian sovereignty (b) PANAMA CANAL ACT.—Section 11 of the The Chair recognizes the gentleman Panama Canal Act (37 Stat. 566; 15 U.S.C. 31) at the end of 1999, it is appropriate to from Wisconsin (Mr. SENSENBRENNER). repeal this outdated provision. is amended by striking the undesignated Mr. SENSENBRENNER. Mr. Speak- paragraph that begins ‘‘No vessel per- The House Committee on Armed mitted’’. er, I yield myself such time as I may Services has jurisdiction over the Pan- (c) SHERMAN ACT.—Section 3 of the Sher- consume, and I rise in support of H.R. ama Canal Act, and I appreciate the man Act (15 U.S.C. 3) is amended— 809, the Antitrust Technical Correc- willingness of that committee’s chair- (1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’, and tions Act of 2001, which I have intro- man, the gentleman from Arizona (Mr. (2) by adding at the end the following: duced along with the committee’s ‘‘(b) Every person who shall monopolize, or STUMP), to expedite this noncontrover- ranking member, the gentleman from sial bill. attempt to monopolize, or combine or con- Michigan (Mr. CONYERS) and the gen- spire with any other person or persons, to Third, H.R. 809 clarifies that section tleman from Illinois (Mr. HYDE). monopolize any part of the trade or com- 2 of the Sherman Act applies to the merce in any Territory of the United States This bill makes six separate tech- District of Columbia and its terri- or of the District of Columbia, or between nical corrections to our antitrust laws. tories. Two of the primary provisions any such Territory and another, or between Three of these corrections repeal out- of antitrust law are section 1 and sec- any such Territory or Territories and any dated provisions of the law. One clari- tion 2 of the Sherman Act. Section 1 State or States or the District of Columbia, fies a long existing ambiguity relating prohibits conspiracies in restraint of or with foreign nations, or between the Dis- to the application of the law to the trade, and section 2 prohibits monopo- trict of Columbia, and any State or States or District of Columbia and the terri- lization. foreign nations, shall be deemed guilty of a tories, and two correct typographical felony, and, on conviction thereof, shall be Section 3 of the Sherman Act was in- punished by fine not exceeding $10,000,000 if a errors in recently passed laws. tended to apply these provisions to the corporation, or, if any other person, $350,000, This bill is identical to a bill which District and the various territories of or by imprisonment not exceeding three the House passed by a voice vote last the United States. Unfortunately, how- years, or by both said punishments, in the year, except that two typographical ever, the ambiguous drafting in section discretion of the court.’’. corrections have been added. The com- 3 leaves it unclear whether section 2 (d) WILSON TARIFF ACT.— mittee has informally consulted with applies to these areas. The committee (1) TECHNICAL AMENDMENT.—The Wilson the antitrust enforcement agencies, is aware of at least one instance in Tariff Act (28 Stat. 509; 15 U.S.C. 8 et seq.) is the Antitrust Division of the Depart- which the Department of Justice de- amended— ment of Justice and the Bureau of (A) by striking section 77, and clined to bring an otherwise meri- (B) in section 78— Competition of the Federal Trade Com- torious section 2 claim in a Virgin Is- (i) by striking ‘‘76, and 77’’ and inserting mission, and the agencies indicate that lands case because of this ambiguity. ‘‘and 76’’; and they do not object to any of these This bill clarifies both section 1 and (ii) by redesignating such section as sec- changes. section 2 apply to the District and the tion 77. In response to written questions fol- Territories. All of the congressional (2) CONFORMING AMENDMENTS TO OTHER lowing the committee’s November 5, representatives of the District and the LAWS.— 1997 oversight hearing on the antitrust Territories are cosponsors of this bill. (A) CLAYTON ACT.—Subsection (a) of the 1st enforcement agencies, the Department Finally, H.R. 809 repeals a redundant section of the Clayton Act (15 U.S.C. 12(a)) is of Justice recommended two of the re- antitrust jurisdiction provision in sec- amended by striking ‘‘seventy-seven’’ and in- serting ‘‘seventy-six’’. peals and the clarification contained in tion 77 of the Wilson Tariff Act. In 1955, (B) FEDERAL TRADE COMMISSION ACT.—Sec- this bill. Congress modernized the jurisdictional tion 4 of the Federal Trade Commission Act First, H.R. 809 repeals the Act of and venue provisions relating to anti- (15 U.S.C. 44) is amended by striking ‘‘77’’ March 3, 1913. That act requires all trust suits by amending section 4 of and inserting ‘‘76’’. depositions taken in Sherman Act the Clayton Act. At that time it re- (C) PACKERS AND STOCKYARDS ACT, 1921.— cases brought by the government be pealed the redundant jurisdictional Section 405(a) of the Packers and Stockyards conducted in public. In the early days, provision in section 7 of the Sherman Act, 1921 (7 U.S.C. 225(a)) is amended by the courts conducted such cases by Act but not the one in section 77 of the striking ‘‘77’’ and inserting ‘‘76’’. deposition without any formal trial Wilson Tariff Act. It appears this was (D) ATOMIC ENERGY ACT OF 1954.—Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. proceeding. Thus, Congress required an oversight, because section 77 was 2135) is amended by striking ‘‘seventy-seven’’ that the depositions be open as a trial never codified and has been rarely and inserting ‘‘seventy-six’’. would be. Under the modern practice of used. (E) DEEP SEABED HARD MINERAL RESOURCES broad discovery, depositions are gen- Repealing section 77 will not dimin- ACT.—Section 103(d)(7) of the Deep Seabed erally taken in private and then made ish any jurisdiction or venue rights be- Hard Mineral Resources Act (30 U.S.C. public if they are used at trial. cause section 4 of the Clayton Act pro- 1413(d)(7)) is amended by striking ‘‘77’’ and Under our system, section 30 causes vides any potential plaintiff with inserting ‘‘76’’. three problems: First, it maintains a broader jurisdiction and venue rights (e) CLAYTON ACT.—The first section 27 of the Clayton Act (15 U.S.C. 27) is redesignated special rule for a narrow class of cases in section 77. Rather, the repeal simply as section 28 and is transferred so as to ap- when the justification for that rule has rids the law of a confusing, redundant, pear at the end of such Act. disappeared. and little-used provision. (f) YEAR 2000 INFORMATION AND READINESS Second, it makes it hard for a court Finally, the bill corrects an erro- DISCLOSURE ACT.—Section 5(a)(2) of the Year to protect proprietary information neous section number designation in

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.022 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H889 the Curt Flood Act passed in 1998, and Again, I want to thank the chairman for his section 3 of the Sherman Act, we believe that it inserts an inadvertently omitted pe- bi-partisan approach on this legislation, and I Congress clearly intended the nation’s anti- riod in the Year 2000 Information and urge its passage. trust laws to apply not only to the states, but Readiness Disclosure Act. Neither of Ms. JACKSON-LEE of Texas. Mr. Speaker, to the territories and the District of Columbia these corrections makes any sub- I would like to thank Chairman SENSEN- as well. This bill would clarify that intent. stantive change. BRENNER, and Ranking Member CONYERS for The committee has found at least one in- I believe that all of these provisions their work in bringing H.R. 809, the ‘‘Antitrust stance in which the Department of Justice de- are noncontroversial and they will help Technical Corrections Act of 2001,’’ before the cided not to bring a potentially meritorious mo- clean up some underbrush in the anti- House for consideration. nopoly claim under section 2 of the Sherman trust laws and recommend that the This bill seeks to make six technical correc- Act because of the ambiguous language in House suspend the rules and pass the tions to United States antitrust laws. Three of section 3. Although this case occurred in the bill. these technical corrections repeal outdated Virgin Islands and not the District, the Antitrust Mr. Speaker, I reserve the balance of provisions of the law, one clarifies a long ex- Technical Corrections Act is necessary to my time. isting ambiguity regarding the application of safeguard against a similar occurrence in the Mr. CONYERS. Mr. Speaker, I yield the law to the District of Columbia and the ter- District and to ensure the seamless application myself such time as I may consume. ritories, one is organizational in nature, and of our antitrust laws not only throughout the (Mr. CONYERS asked and was given one is grammatical. The Committee has infor- nation but also in the territories and the na- permission to revise and extend his re- mally consulted the antitrust enforcement tion’s capital. marks.) agencies, the Antitrust Division of the Depart- Mr. CONYERS. Mr. Speaker, I am I thank the chairman and ranking member ment of Justice and the Bureau of Competition pleased to join the chairman of the once again for their attention to this important of the Federal Trade Commission, and the committee, the gentleman from Wis- matter and urge my colleagues to support this agencies have indicated that they do not ob- consin (Mr. SENSENBRENNER) in support bill. of these technical corrections to anti- ject to any of these changes. In response to Mr. CONYERS. Mr. Speaker, I yield trust law. written questions following the Committee’s back the balance of my time. The gentleman has described them November 5, 1997 oversight hearing on the Mr. SENSENBRENNER. Mr. Speak- adequately. There are six non- antitrust enforcement agencies, the Depart- er, I yield back the balance of my time. controversial changes. We are in total ment of Justice recommended two of the re- The SPEAKER pro tempore. The support. And I might add that we have peals and the clarification contained in this bill. question is on the motion offered by had a very bipartisan experience in the Those provisions of the Sherman Antitrust the gentleman from Wisconsin (Mr. Committee on the Judiciary during the Act, which deal with conspiracies regarding SENSENBRENNER) that the House sus- period of time that we have been work- the establishment of monopolies have not pend the rules and pass the bill, H.R. ing on bills together, so I am happy to been clearly defined as they relate to the Dis- 809. join with the chairman in support of trict of Columbia. The changes being made by The question was taken; and (two- the measure. this legislation will make it clear that the Dis- thirds having voted in favor thereof) I am pleased to join the gentleman from trict of Columbia and other U.S. territories are the rules were suspended and the bill Wisconsin (Mr. SENSENBRENNER) in support of included under the preview of the Justice De- was passed. H.R. 809, the ‘‘Antitrust Technical Corrections partment as it relates to Antitrust Law enforce- A motion to reconsider was laid on Act of 2001.’’ The Chairman and I have ment in the United States. the table. Finally, this legislation will repeal the redun- worked together on this bill, and we have con- f sulted with the Department of Justice Antitrust dant Antitrust Jurisdictional Provision in Sec- Division and the Federal Trade Commission tion 77 of the Wilson Tarrif Act. This repeal b 1100 Bureau of Competition to ensure that the tech- will not diminish any substantive rights be- MADRID PROTOCOL nical changes made in the bill will improve the cause Section 4 of the Clayton Act provides IMPLEMENTATION ACT any potential plaintiff with broader rights of ju- efficiency of our antitrust laws. Mr. SENSENBRENNER. Mr. Speak- When the gentleman from Wisconsin and I risdiction and venue than does Section 77. er, I move to suspend the rules and met at the beginning of this Congress, he This repeal will only rid the existing law of a pass the bill (H.R. 741) to amend the spoke about creating a more bi-partisan ap- confusing, redundant, and little used provision. Trademark Act of 1946 to provide for proach on the Judiciary Committee. I am grati- I am in support of these minor changes to fied that his conciliatory words were followed our Nation’s antitrust laws, and urge my col- the registration and protection of up by deeds, and I hope that this is the kind leagues on both sides of the aisle to vote in trademarks used in commerce, in order of cooperative relationship we can look for- favor of this legislation. to carry out provisions of certain inter- ward to throughout the 107th Congress. Ms. NORTON. Mr. Speaker, I rise in strong national conventions, and for other To briefly summarize, H.R. 809 makes six support of H.R. 809, the Antitrust Technical purposes. non-controversial changes in our antitrust laws Corrections Act of 2001. I want to thank Chair- The Clerk read as follows: to repeal some out-dated provisions of the man SENSENBRENNER and Ranking Member H.R. 741 law, to clarify that our antitrust laws apply to CONYERS for their leadership in bringing this Be it enacted by the Senate and House of Rep- the District of Columbia and to the Territories, important corrective measure to the floor so resentatives of the United States of America in and to make some needed grammatical and early in the session. Because of the bill’s ben- Congress assembled, organizational changes. eficial impact on the District of Columbia and SECTION 1. SHORT TITLE. The bill will permit depositions taken in the territories, I am pleased to be an original This Act may be cited as the ‘‘Madrid Pro- Sherman Act equity cases brought by the gov- cosponsor. tocol Implementation Act’’. ernment to be conducted in private—just as Section 2(c) of the Antitrust Technical Cor- SEC. 2. PROVISIONS TO IMPLEMENT THE PRO- TOCOL RELATING TO THE MADRID they are in all other types of cases. It also re- rections Act would close a potentially dan- AGREEMENT CONCERNING THE peals a little-known and little-used provision gerous loophole in the nation’s antitrust laws INTERNATIONAL REGISTRATION OF that prohibits vessels from passing through the with respect to the District of Columbia and MARKS. Panama Canal if the vessel’s owner is vio- the territories. Two of the most important pro- The Act entitled ‘‘An Act to provide for lating the antitrust laws. With the return of the visions of the Sherman Act are 15 U.S.C. sec- the registration and protection of trade- Canal to Panama in 1999, it is appropriate to tions 1 and 2. Section 1 prevents conspiracy marks used in commerce, to carry out the provisions of certain international conven- repeal this outdated provision. in restraint of trade and section 2 prevents tions, and for other purposes’’, approved July H.R. 809 also clarifies that Sherman Act’s monopoly, attempts to create a monopoly and 5, 1946, as amended (15 U.S.C. 1051 and fol- prohibitions on restraint of trade and monopo- conspiracy to create a monopoly. These provi- lowing) (commonly referred to as the lization apply to conduct occurring in the Dis- sions form the bedrock of our antitrust laws. ‘‘Trademark Act of 1946’’) is amended by add- trict of Columbia and the various territories of However, section 3 of the Sherman Act, which ing after section 51 the following new title: the United States. It also repeals a redundant was intended to apply these vital provisions to ‘‘TITLE XII—THE MADRID PROTOCOL jurisdiction and venue provision in Section 77 the District of Columbia and the territories, is ‘‘SEC. 60. DEFINITIONS. of the Wilson Tariff Act. Finally, the bill makes ambiguous with respect to whether section 2, ‘‘For purposes of this title: two minor grammatical and organizational prohibiting monopolies, applies to these juris- ‘‘(1) MADRID PROTOCOL.—The term ‘Madrid changes to the antitrust laws. dictions. Despite the ambiguous language in Protocol’ means the Protocol Relating to the

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.023 pfrm02 PsN: H14PT1 H890 CONGRESSIONAL RECORD — HOUSE March 14, 2001

Madrid Agreement Concerning the Inter- ‘‘(14) NOTIFICATION OF REFUSAL.—The term sion of protection of its international reg- national Registration of Marks, adopted at ‘notification of refusal’ means the notice istration by filing such a request— Madrid, Spain, on June 27, 1989. sent by an Office of a Contracting Party to ‘‘(1) directly with the International Bu- ‘‘(2) BASIC APPLICATION.—The term ‘basic the International Bureau declaring that an reau; or application’ means the application for the extension of protection cannot be granted. ‘‘(2) with the Patent and Trademark Office registration of a mark that has been filed ‘‘(15) OFFICE OF A CONTRACTING PARTY.—The for transmittal to the International Bureau, with an Office of a Contracting Party and term ‘Office of a Contracting Party’ means— if the request is in such form, and contains that constitutes the basis for an application ‘‘(A) the office, or governmental entity, of such transmittal fee, as may be prescribed for the international registration of that a Contracting Party that is responsible for by the Director. mark. the registration of marks; or ‘‘SEC. 65. EXTENSION OF PROTECTION OF AN ‘‘(3) BASIC REGISTRATION.—The term ‘basic ‘‘(B) the common office, or governmental INTERNATIONAL REGISTRATION TO registration’ means the registration of a entity, of more than 1 Contracting Party THE UNITED STATES UNDER THE mark that has been granted by an Office of that is responsible for the registration of MADRID PROTOCOL. ‘‘(a) IN GENERAL.—Subject to the provi- a Contracting Party and that constitutes the marks and is so recognized by the Inter- sions of section 68, the holder of an inter- basis for an application for the international national Bureau. ‘‘(16) OFFICE OF ORIGIN.—The term ‘office of national registration shall be entitled to the registration of that mark. benefits of extension of protection of that ‘‘(4) CONTRACTING PARTY.—The term ‘Con- origin’ means the Office of a Contracting Party with which a basic application was international registration to the United tracting Party’ means any country or inter- States to the extent necessary to give effect governmental organization that is a party to filed or by which a basic registration was granted. to any provision of the Madrid Protocol. the Madrid Protocol. ‘‘(b) IF UNITED STATES IS OFFICE OF ORI- ‘‘(17) OPPOSITION PERIOD.—The term ‘oppo- ‘‘(5) DATE OF RECORDAL.—The term ‘date of GIN.—An extension of protection resulting sition period’ means the time allowed for fil- recordal’ means the date on which a request from an international registration of a mark ing an opposition in the Patent and Trade- for extension of protection that is filed after shall not apply to the United States if the an international registration is granted is mark Office, including any extension of time Patent and Trademark Office is the office of recorded on the International Register. granted under section 13. origin with respect to that mark. ‘‘(6) DECLARATION OF BONA FIDE INTENTION ‘‘SEC. 61. INTERNATIONAL APPLICATIONS BASED ‘‘SEC. 66. EFFECT OF FILING A REQUEST FOR EX- TO USE THE MARK IN COMMERCE.—The term ON UNITED STATES APPLICATIONS TENSION OF PROTECTION OF AN ‘declaration of bona fide intention to use the OR REGISTRATIONS. INTERNATIONAL REGISTRATION TO mark in commerce’ means a declaration that ‘‘The owner of a basic application pending THE UNITED STATES. is signed by the applicant for, or holder of, before the Patent and Trademark Office, or ‘‘(a) REQUIREMENT FOR REQUEST FOR EXTEN- an international registration who is seeking the owner of a basic registration granted by SION OF PROTECTION.—A request for extension extension of protection of a mark to the the Patent and Trademark Office, who— of protection of an international registration United States and that contains a statement ‘‘(1) is a national of the United States; to the United States that the International that— ‘‘(2) is domiciled in the United States; or Bureau transmits to the Patent and Trade- ‘‘(A) the applicant or holder has a bona fide ‘‘(3) has a real and effective industrial or mark Office shall be deemed to be properly intention to use the mark in commerce; commercial establishment in the United filed in the United States if such request, ‘‘(B) the person making the declaration be- States, when received by the International Bureau, lieves himself or herself, or the firm, cor- may file an international application by sub- has attached to it a declaration of bona fide poration, or association in whose behalf he mitting to the Patent and Trademark Office intention to use the mark in commerce that or she makes the declaration, to be entitled a written application in such form, together is verified by the applicant for, or holder of, to use the mark in commerce; and with such fees, as may be prescribed by the the international registration. ‘‘(C) no other person, firm, corporation, or Director. ‘‘(b) EFFECT OF PROPER FILING.—Unless ex- association, to the best of his or her knowl- tension of protection is refused under section ‘‘SEC. 62. CERTIFICATION OF THE INTER- 68, the proper filing of the request for exten- edge and belief, has the right to use such NATIONAL APPLICATION. sion of protection under subsection (a) shall mark in commerce either in the identical ‘‘Upon the filing of an application for constitute constructive use of the mark, con- form of the mark or in such near resem- international registration and payment of ferring the same rights as those specified in blance to the mark as to be likely, when the prescribed fees, the Director shall exam- section 7(c), as of the earliest of the fol- used on or in connection with the goods of ine the international application for the pur- lowing: such other person, firm, corporation, or asso- pose of certifying that the information con- ‘‘(1) The international registration date, if ciation, to cause confusion, or to cause mis- tained in the international application cor- the request for extension of protection was take, or to deceive. responds to the information contained in the filed in the international application. ‘‘(7) EXTENSION OF PROTECTION.—The term basic application or basic registration at the ‘‘(2) The date of recordal of the request for ‘extension of protection’ means the protec- time of the certification. Upon examination extension of protection, if the request for ex- tion resulting from an international reg- and certification of the international appli- tension of protection was made after the istration that extends to a Contracting cation, the Director shall transmit the inter- international registration date. Party at the request of the holder of the national application to the International Bu- ‘‘(3) The date of priority claimed pursuant international registration, in accordance reau. to section 67. with the Madrid Protocol. ‘‘SEC. 63. RESTRICTION, ABANDONMENT, CAN- ‘‘SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR ‘‘(8) HOLDER OF AN INTERNATIONAL REG- CELLATION, OR EXPIRATION OF A EXTENSION OF PROTECTION TO THE ISTRATION.—A ‘holder’ of an international BASIC APPLICATION OR BASIC REG- UNITED STATES. registration is the natural or juristic person ISTRATION. ‘‘The holder of an international registra- in whose name the international registration ‘‘With respect to an international applica- tion with an extension of protection to the is recorded on the International Register. tion transmitted to the International Bureau United States shall be entitled to claim a ‘‘(9) INTERNATIONAL APPLICATION.—The under section 62, the Director shall notify date of priority based on the right of priority term ‘international application’ means an the International Bureau whenever the basic within the meaning of Article 4 of the Paris application for international registration application or basic registration which is the Convention for the Protection of Industrial that is filed under the Madrid Protocol. basis for the international application has Property if— ‘‘(10) INTERNATIONAL BUREAU.—The term been restricted, abandoned, or canceled, or ‘‘(1) the international registration con- ‘International Bureau’ means the Inter- has expired, with respect to some or all of tained a claim of such priority; and national Bureau of the World Intellectual the goods and services listed in the inter- ‘‘(2)(A) the international application con- Property Organization. national registration— tained a request for extension of protection ‘‘(11) INTERNATIONAL REGISTER.—The term ‘‘(1) within 5 years after the international to the United States; or ‘International Register’ means the official registration date; or ‘‘(B) the date of recordal of the request for collection of such data concerning inter- ‘‘(2) more than 5 years after the inter- extension of protection to the United States national registrations maintained by the national registration date if the restriction, is not later than 6 months after the date of International Bureau that the Madrid Pro- abandonment, or cancellation of the basic the first regular national filing (within the tocol or its implementing regulations re- application or basic registration resulted meaning of Article 4(A)(3) of the Paris Con- quire or permit to be recorded, regardless of from an action that began before the end of vention for the Protection of Industrial the medium which contains such data. that 5-year period. Property) or a subsequent application (with- ‘‘(12) INTERNATIONAL REGISTRATION.—The ‘‘SEC. 64. REQUEST FOR EXTENSION OF PROTEC- in the meaning of Article 4(C)(4) of the Paris term ‘international registration’ means the TION SUBSEQUENT TO INTER- Convention). NATIONAL REGISTRATION. registration of a mark granted under the Ma- ‘‘SEC. 68. EXAMINATION OF AND OPPOSITION TO drid Protocol. ‘‘The holder of an international registra- REQUEST FOR EXTENSION OF PRO- ‘‘(13) INTERNATIONAL REGISTRATION DATE.— tion that is based upon a basic application TECTION; NOTIFICATION OF RE- The term ‘international registration date’ filed with the Patent and Trademark Office FUSAL. means the date assigned to the international or a basic registration granted by the Patent ‘‘(a) EXAMINATION AND OPPOSITION.—(1) A registration by the International Bureau. and Trademark Office may request an exten- request for extension of protection described

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.005 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H891 in section 66(a) shall be examined as an ap- ‘‘SEC. 69. EFFECT OF EXTENSION OF PROTEC- affidavit under subsection (b) together with plication for registration on the Principal TION. a fee prescribed by the Director; and Register under this Act, and if on such exam- ‘‘(a) ISSUANCE OF EXTENSION OF PROTEC- ‘‘(2) at the end of the 10-year period begin- ination it appears that the applicant is enti- TION.—Unless a request for extension of pro- ning on the date on which the certificate of tled to extension of protection under this tection is refused under section 68, the Direc- extension of protection was issued by the Di- title, the Director shall cause the mark to be tor shall issue a certificate of extension of rector, and at the end of each 10-year period published in the Official Gazette of the Pat- protection pursuant to the request and shall thereafter, unless— ent and Trademark Office. cause notice of such certificate of extension ‘‘(A) within the 6-month period preceding ‘‘(2) Subject to the provisions of subsection of protection to be published in the Official the expiration of such 10-year period the (c), a request for extension of protection Gazette of the Patent and Trademark Office. holder of the international registration files under this title shall be subject to opposition ‘‘(b) EFFECT OF EXTENSION OF PROTEC- in the Patent and Trademark Office an affi- under section 13. Unless successfully op- TION.—From the date on which a certificate davit under subsection (b) together with a posed, the request for extension of protection of extension of protection is issued under fee prescribed by the Director; or shall not be refused. subsection (a)— ‘‘(B) within 3 months after the expiration ‘‘(3) Extension of protection shall not be ‘‘(1) such extension of protection shall have of such 10-year period, the holder of the refused under this section on the ground that the same effect and validity as a registration international registration files in the Patent the mark has not been used in commerce. on the Principal Register; and and Trademark Office an affidavit under sub- ‘‘(4) Extension of protection shall be re- ‘‘(2) the holder of the international reg- section (b) together with the fee described in fused under this section to any mark not istration shall have the same rights and rem- subparagraph (A) and an additional fee pre- registrable on the Principal Register. edies as the owner of a registration on the scribed by the Director. ‘‘(b) NOTIFICATION OF REFUSAL.—If, a re- Principal Register. ‘‘(b) CONTENTS OF AFFIDAVIT.—The affi- quest for extension of protection is refused ‘‘SEC. 70. DEPENDENCE OF EXTENSION OF PRO- davit referred to in subsection (a) shall set under subsection (a), the Director shall de- TECTION TO THE UNITED STATES forth those goods or services recited in the clare in a notification of refusal (as provided ON THE UNDERLYING INTER- extension of protection on or in connection in subsection (c)) that the extension of pro- NATIONAL REGISTRATION. with which the mark is in use in commerce tection cannot be granted, together with a ‘‘(a) EFFECT OF CANCELLATION OF INTER- and the holder of the international registra- statement of all grounds on which the re- NATIONAL REGISTRATION.—If the Inter- tion shall attach to the affidavit a specimen fusal was based. national Bureau notifies the Patent and or facsimile showing the current use of the ‘‘(c) NOTICE TO INTERNATIONAL BUREAU.—(1) Trademark Office of the cancellation of an mark in commerce, or shall set forth that Within 18 months after the date on which the international registration with respect to any nonuse is due to special circumstances International Bureau transmits to the Pat- some or all of the goods and services listed in which excuse such nonuse and is not due to ent and Trademark Office a notification of a the international registration, the Director any intention to abandon the mark. Special request for extension of protection, the Di- shall cancel any extension of protection to notice of the requirement for such affidavit rector shall transmit to the International the United States with respect to such goods shall be attached to each certificate of ex- Bureau any of the following that applies to and services as of the date on which the tension of protection. such request: international registration was canceled. ‘‘(A) A notification of refusal based on an ‘‘(b) EFFECT OF FAILURE TO RENEW INTER- ‘‘SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION. examination of the request for extension of NATIONAL REGISTRATION.—If the Inter- ‘‘An extension of protection may be as- protection. national Bureau does not renew an inter- signed, together with the goodwill associated ‘‘(B) A notification of refusal based on the national registration, the corresponding ex- with the mark, only to a person who is a na- filing of an opposition to the request. tension of protection to the United States tional of, is domiciled in, or has a bona fide ‘‘(C) A notification of the possibility that shall cease to be valid as of the date of the and effective industrial or commercial estab- an opposition to the request may be filed expiration of the international registration. after the end of that 18-month period. ‘‘(c) TRANSFORMATION OF AN EXTENSION OF lishment either in a country that is a Con- ‘‘(2) If the Director has sent a notification PROTECTION INTO A UNITED STATES APPLICA- tracting Party or in a country that is a of the possibility of opposition under para- TION.—The holder of an international reg- member of an intergovernmental organiza- graph (1)(C), the Director shall, if applicable, istration canceled in whole or in part by the tion that is a Contracting Party. transmit to the International Bureau a noti- International Bureau at the request of the ‘‘SEC. 73. INCONTESTABILITY. fication of refusal on the basis of the opposi- office of origin, under Article 6(4) of the Ma- ‘‘The period of continuous use prescribed tion, together with a statement of all the drid Protocol, may file an application, under under section 15 for a mark covered by an ex- grounds for the opposition, within 7 months section 1 or 44 of this Act, for the registra- tension of protection issued under this title after the beginning of the opposition period tion of the same mark for any of the goods may begin no earlier than the date on which or within 1 month after the end of the oppo- and services to which the cancellation ap- the Director issues the certificate of the ex- sition period, whichever is earlier. plies that were covered by an extension of tension of protection under section 69, except ‘‘(3) If a notification of refusal of a request protection to the United States based on as provided in section 74. for extension of protection is transmitted that international registration. Such an ap- ‘‘SEC. 74. RIGHTS OF EXTENSION OF PROTEC- under paragraph (1) or (2), no grounds for re- plication shall be treated as if it had been TION. fusal of such request other than those set filed on the international registration date ‘‘An extension of protection shall convey forth in such notification may be trans- or the date of recordal of the request for ex- the same rights as an existing registration mitted to the International Bureau by the tension of protection with the International for the same mark, if— Director after the expiration of the time pe- Bureau, whichever date applies, and, if the ‘‘(1) the extension of protection and the ex- riods set forth in paragraph (1) or (2), as the extension of protection enjoyed priority isting registration are owned by the same case may be. under section 67 of this title, shall enjoy the person; ‘‘(4) If a notification specified in paragraph ‘‘(2) the goods and services listed in the ex- (1) or (2) is not sent to the International Bu- same priority. Such an application shall be entitled to the benefits conferred by this isting registration are also listed in the ex- reau within the time period set forth in such tension of protection; and paragraph, with respect to a request for ex- subsection only if the application is filed not later than 3 months after the date on which ‘‘(3) the certificate of extension of protec- tension of protection, the request for exten- tion is issued after the date of the existing sion of protection shall not be refused and the international registration was canceled, in whole or in part, and only if the applica- registration.’’. the Director shall issue a certificate of ex- SEC. 3. EFFECTIVE DATE. tension of protection pursuant to the re- tion complies with all the requirements of this Act which apply to any application filed This Act and the amendments made by quest. this Act shall take effect on the date on ‘‘(d) DESIGNATION OF AGENT FOR SERVICE OF pursuant to section 1 or 44. which the Madrid Protocol (as defined in sec- PROCESS.—In responding to a notification of ‘‘SEC. 71. AFFIDAVITS AND FEES. tion 60(1) of the Trademark Act of 1946) en- refusal with respect to a mark, the holder of ‘‘(a) REQUIRED AFFIDAVITS AND FEES.—An ters into force with respect to the United the international registration of the mark extension of protection for which a certifi- States. shall designate, by a written document filed cate of extension of protection has been in the Patent and Trademark Office, the issued under section 69 shall remain in force The SPEAKER pro tempore (Mr. name and address of a person resident in the for the term of the international registration SHIMKUS). Pursuant to the rule, the United States on whom may be served no- upon which it is based, except that the ex- gentleman from Wisconsin (Mr. SEN- tices or process in proceedings affecting the tension of protection of any mark shall be SENBRENNER) and the gentleman from canceled by the Director— mark. Such notices or process may be served Michigan (Mr. CONYERS) each will con- ‘‘(1) at the end of the 6-year period begin- upon the person so designated by leaving trol 20 minutes. with that person, or mailing to that person, ning on the date on which the certificate of a copy thereof at the address specified in the extension of protection was issued by the Di- The Chair recognizes the gentleman last designation so filed. If the person so des- rector, unless within the 1-year period pre- from Wisconsin (Mr. SENSENBRENNER). ignated cannot be found at the address given ceding the expiration of that 6-year period Mr. SENSENBRENNER. Mr. Speak- in the last designation, such notice or proc- the holder of the international registration er, I yield myself such time as I may ess may be served upon the Director. files in the Patent and Trademark Office an consume.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.005 pfrm02 PsN: H14PT1 H892 CONGRESSIONAL RECORD — HOUSE March 14, 2001 Mr. Speaker, I rise today in support internationally. The most important of Marks. It will allow U.S. businesses of H.R. 741, the Madrid Protocol Imple- aspect of the Protocol is that it allows and trademark owners to become part mentation Act, and urge the House to entities to file for mark protection of a low-cost, efficient system to inter- pass the measure. with all member countries through one nationally register trademarks. U.S. H.R. 741 is the implementing legisla- fee and one application. And so this membership in the Protocol would as- tion for the Protocol Related to the international concept is an important sist American businesses in protecting Madrid Agreement on the Registration one as we expand the understanding of their proprietary names and brand of Marks, commonly known as the Ma- the principles of copyright, trademark, name goods while saving money, time drid Protocol. This bill is identical to and patent law around the world. I am and effort. That is especially critical to legislation introduced in each of the very happy to join in support with the small businesses that may otherwise preceding four Congresses and will chairman of the committee. lack the resources to acquire world- again send a signal to the international Mr. Speaker, I reserve the balance of wide protection for their trademark. business community, U.S. businesses my time. This is the fourth Congress in which and trademark owners that the 107th Mr. SENSENBRENNER. Mr. Speak- the Committee on the Judiciary has fa- Congress is determined to help our Na- er, I yield 3 minutes to the gentleman vorably reported, and I hope the House tion and particularly our small busi- from North Carolina (Mr. COBLE). will pass this implementing legisla- nesses become a part of an inexpensive, Mr. COBLE. Mr. Speaker, I thank the tion. In 1999, H.R. 769 passed by voice efficient system that allows the inter- gentleman for yielding me this time. vote under suspension. While the Sen- national registration of marks. The gentleman from Wisconsin and ate has failed to follow suit in the past, As a practical matter, Mr. Speaker, the gentleman from Michigan have there is a reason to believe that this the ratification of the Protocol and the pretty clearly laid out what this en- Congress will be different. A previous enactment of H.R. 741 will enable tails, Mr. Speaker. The World Intellec- dispute over representation of the Eu- American trademark owners to pay a tual Property Organization, WIPO, ad- ropean community and its constituent nominal fee to the U.S. Patent and ministers the Protocol, which in turn nations has been resolved to the satis- Trademark Office which will then reg- operates the international system for faction of the State Department. Fur- ister the marks in the individual coun- the registration of trademarks. This ther, rum manufacturers embroiled in tries that comprise the European system would assist our businesses in an unrelated trademark dispute have Union. Currently, American trademark protecting their proprietary names and agreed not to interfere with House pas- owners must hire attorneys or agents brand name goods while saving cost, sage of this bill. in each individual country to acquire time and effort. This is especially im- I urge my colleagues to join me in protection. This process is both labo- portant to our small businesses which voting for H.R. 741. Ms. JACKSON-LEE of Texas. Mr. Speaker, rious and expensive and discourages may only be able to afford worldwide I rise today in support of H.R. 741, legislation small businesses and individuals from protection for their marks through a known as the Madrid Protocol. I was pleased registering their marks in Europe. low-cost international registration sys- A final comment on an issue periph- tem. to support this legislation during a Judiciary eral to this bill, Mr. Speaker. While Unfortunately, and as the gentleman Committee markup on March 8. The legisla- tion concerning the Madrid Protocol advances there is no opposition to the bill, I note from Wisconsin alluded to in his re- U.S. interests in a bipartisan manner, and I that two companies, Bacardi and Per- marks, Senate ratification of the Pro- tocol and passage of the implementing urge my colleagues to support the bill. nod, are in the process of attempting to As with many intellectual property rights, language were derailed the last term as settle a dispute over rights to a mark there are international agreements relating to a result of a private dispute over a which each wishes to market. At least the registration and protection of trademarks. mark between Bacardi, the rum dis- one of these companies believes that Since 1891, the Madrid Agreement Con- tiller, and Pernod, a French concern the implementing language should be cerning the International Registration of Marks which formed a joint venture with the amended to reflect its position on the (‘‘Madrid Agreement’’) has provided an inter- Cuban government. Although negotia- matter. It is also my understanding national registration system operated under tions to develop an acceptable com- that talks between the two companies the auspices of the International Bureau of the promise failed, it is my understanding are fluid and ongoing and that a resolu- World Intellectual Property Organization tion to this problem may be forth- that the Senate and trademark com- (WIPO). The United States has never been a coming in the near future. munity will redouble their efforts to signatory to the Madrid Agreement. I therefore urge my colleagues to resolve this problem during the present On June 27, 1989, at a Diplomatic Con- pass this legislation today and to allow term. ference in Madrid, Spain, the parties to the these talks to continue. Once a com- Mr. Speaker, it is important to move Madrid Agreement signed the Madrid Protocol. promise is reached I am confident that this legislation forward as a way of en- The United States was an observer and advi- the other body will shortly ratify the couraging all parties involved in the sor to these talks. Practically speaking, there Protocol and pass the implementing Bacardi dispute to intensify their nego- have been revisions to the original Madrid language. tiations. House consideration of the Agreement, in many respects by conforming Mr. Speaker, H.R. 741 is an important Protocol will also assure American its contents to existing provisions in U.S. law. and noncontroversial bill that will trademark holders that the United H.R. 741 represents implementing legisla- greatly help those American businesses States stands ready to benefit immi- tion for the Protocol. It is virtually identical to and other individuals who need to reg- nently from its ratification. As the measures passed by the Congress over the ister their trademarks overseas in a chairman pointed out and as the gen- past four Congresses, including H.R. 769, quick and cost-effective manner. I urge tleman from Michigan pointed out, this which was passed by voice vote under sus- the House to support this measure. matter has been before this House, and pension of the rules on April 13, 1999, and re- Mr. Speaker, I reserve the balance of I think we have approved it three times ported favorably by the Judiciary Committee my time. before. on March 24, 1999. In fact, the Clinton admin- Mr. CONYERS. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I am istration forwarded the treaty to the Senate for myself such time as I may consume. pleased to yield such time as he may the ratification, thereby allowing the United I support the bill. It has been de- consume to the gentleman from Cali- States to become a member of the Protocol. scribed very adequately by the chair- fornia (Mr. BERMAN), ranking member The passage of the bill will allow businesses man of the Committee on the Judici- of the Subcommittee on Courts and In- and trademark owners to become part of a ary. tellectual Property. low-cost, efficient system to promote the inter- I might remind our colleagues that Mr. BERMAN. Mr. Speaker, I thank national registration of marks. U.S. member- we passed the bill by voice vote twice the gentleman from Michigan for yield- ship in the Protocol would also assist Amer- under suspension of the rules. It is an ing me this time. ican businesses in protecting their proprietary important measure because it imple- H.R. 741 is an important piece of leg- names and brand-names while saving money, ments the provisions of the 1989 Madrid islation because it implements the Pro- time, and effort. This is important for small Protocol, which creates a low-cost and tocol to the Madrid Agreement Con- businesses which may otherwise lack the re- efficient system for registering marks cerning the International Registration sources to acquire worldwide protection for

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K14MR7.027 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H893 their trademarks. Mr. Speaker, we must do ev- involving minimal diversity between adverse (c) MULTIDISTRICT LITIGATION.—Section erything we can to encourage small business parties that arises from a single accident, 1407 of title 28, United States Code, as to grow in this New Economy. where at least 25 natural persons have either amended by section 2 of this Act, is further I urge my colleagues to support the legisla- died or incurred injury in the accident at a amended by adding at the end the following: discrete location and, in the case of injury, ‘‘(j)(1) In actions transferred under this tion. the injury has resulted in damages which ex- section when jurisdiction is or could have Mr. CONYERS. Mr. Speaker, I have ceed $150,000 per person, exclusive of interest been based, in whole or in part, on section no further requests for time, and I and costs, if— 1369 of this title, the transferee district court yield back the balance of my time. ‘‘(1) a defendant resides in a State and a may, notwithstanding any other provision of Mr. SENSENBRENNER. Mr. Speak- substantial part of the accident took place in this section, retain actions so transferred for er, I yield back the balance of my time. another State or other location, regardless the determination of liability and punitive The SPEAKER pro tempore. The of whether that defendant is also a resident damages. An action retained for the deter- question is on the motion offered by of the State where a substantial part of the mination of liability shall be remanded to the gentleman from Wisconsin (Mr. accident took place; the district court from which the action was SENSENBRENNER) that the House sus- ‘‘(2) any two defendants reside in different transferred, or to the State court from which pend the rules and pass the bill, H.R. States, regardless of whether such defend- the action was removed, for the determina- ants are also residents of the same State or tion of damages, other than punitive dam- 741. ages, unless the court finds, for the conven- The question was taken; and (two- States; or ‘‘(3) substantial parts of the accident took ience of parties and witnesses and in the in- thirds having voted in favor thereof) place in different States. terest of justice, that the action should be the rules were suspended and the bill ‘‘(b) LIMITATION OF JURISDICTION OF DIS- retained for the determination of damages. was passed. TRICT COURTS.—The district court shall ab- ‘‘(2) Any remand under paragraph (1) shall A motion to reconsider was laid on stain from hearing any civil action described not be effective until 60 days after the trans- the table. in subsection (a) in which— feree court has issued an order determining ‘‘(1) the substantial majority of all plain- liability and has certified its intention to re- f tiffs are citizens of a single State of which mand some or all of the transferred actions MULTIDISTRICT, MULTIPARTY, the primary defendants are also citizens; and for the determination of damages. An appeal MULTIFORUM TRIAL JURISDIC- ‘‘(2) the claims asserted will be governed with respect to the liability determination of TION ACT OF 2001 primarily by the laws of that State. the transferee court may be taken during ‘‘(c) SPECIAL RULES AND DEFINITIONS.—For that 60-day period to the court of appeals Mr. SENSENBRENNER. Mr. Speak- purposes of this section— with appellate jurisdiction over the trans- er, I move to suspend the rules and ‘‘(1) minimal diversity exists between ad- feree court. In the event a party files such an pass the bill (H.R. 860) to amend title verse parties if any party is a citizen of a appeal, the remand shall not be effective 28, United States Code, to allow a judge State and any adverse party is a citizen of until the appeal has been finally disposed of. to whom a case is transferred to retain another State, a citizen or subject of a for- Once the remand has become effective, the jurisdiction over certain multidistrict eign state, or a foreign state as defined in liability determination shall not be subject litigation cases for trial, and to provide section 1603(a) of this title; to further review by appeal or otherwise. for Federal jurisdiction of certain ‘‘(2) a corporation is deemed to be a citizen ‘‘(3) An appeal with respect to determina- of any State, and a citizen or subject of any tion of punitive damages by the transferee multiparty, multiforum civil actions, foreign state, in which it is incorporated or court may be taken, during the 60-day period as amended. has its principal place of business, and is beginning on the date the order making the The Clerk read as follows: deemed to be a resident of any State in determination is issued, to the court of ap- H.R. 860 which it is incorporated or licensed to do peals with jurisdiction over the transferee Be it enacted by the Senate and House of Rep- business or is doing business; court. resentatives of the United States of America in ‘‘(3) the term ‘injury’ means— ‘‘(4) Any decision under this subsection Congress assembled, ‘‘(A) physical harm to a natural person; concerning remand for the determination of SECTION 1. SHORT TITLE. and damages shall not be reviewable by appeal or This Act may be cited as the ‘‘Multidis- ‘‘(B) physical damage to or destruction of otherwise. trict, Multiparty, Multiforum Trial Jurisdic- tangible property, but only if physical harm ‘‘(5) Nothing in this subsection shall re- tion Act of 2001’’. described in subparagraph (A) exists; strict the authority of the transferee court SEC. 2. MULTIDISTRICT LITIGATION. ‘‘(4) the term ‘accident’ means a sudden ac- to transfer or dismiss an action on the Section 1407 of title 28, United States Code, cident, or a natural event culminating in an ground of inconvenient forum.’’. is amended— accident, that results in death or injury in- (d) REMOVAL OF ACTIONS.—Section 1441 of (1) in the third sentence of subsection (a), curred at a discrete location by at least 25 title 28, United States Code, is amended— by inserting ‘‘or ordered transferred to the natural persons; and (1) in subsection (e) by striking ‘‘(e) The transferee or other district under subsection ‘‘(5) the term ‘State’ includes the District court to which such civil action is removed’’ (i)’’ after ‘‘terminated’’; and of Columbia, the Commonwealth of Puerto and inserting ‘‘(f) The court to which a civil (2) by adding at the end the following new Rico, and any territory or possession of the action is removed under this section’’; and subsection: United States. (2) by inserting after subsection (d) the fol- ‘‘(i)(1) Subject to paragraph (2) and except ‘‘(d) INTERVENING PARTIES.—In any action lowing new subsection: as provided in subsection (j), any action in a district court which is or could have ‘‘(e)(1) Notwithstanding the provisions of transferred under this section by the panel been brought, in whole or in part, under this subsection (b) of this section, a defendant in may be transferred for trial purposes, by the section, any person with a claim arising a civil action in a State court may remove judge or judges of the transferee district to from the accident described in subsection (a) the action to the district court of the United whom the action was assigned, to the trans- shall be permitted to intervene as a party States for the district and division embrac- feree or other district in the interest of jus- plaintiff in the action, even if that person ing the place where the action is pending if— tice and for the convenience of the parties could not have brought an action in a dis- ‘‘(A) the action could have been brought in and witnesses. trict court as an original matter. a United States district court under section ‘‘(2) Any action transferred for trial pur- ‘‘(e) NOTIFICATION OF JUDICIAL PANEL ON 1369 of this title; or poses under paragraph (1) shall be remanded MULTIDISTRICT LITIGATION.—A district court ‘‘(B) the defendant is a party to an action by the panel for the determination of com- in which an action under this section is which is or could have been brought, in pensatory damages to the district court from pending shall promptly notify the judicial whole or in part, under section 1369 in a which it was transferred, unless the court to panel on multidistrict litigation of the pend- United States district court and arises from which the action has been transferred for ency of the action.’’. the same accident as the action in State trial purposes also finds, for the convenience (2) CONFORMING AMENDMENT.—The table of court, even if the action to be removed could of the parties and witnesses and in the inter- sections at the beginning of chapter 85 of not have been brought in a district court as ests of justice, that the action should be re- title 28, United States Code, is amended by an original matter. tained for the determination of compen- adding at the end the following new item: The removal of an action under this sub- satory damages.’’. ‘‘1369. Multiparty, multiforum jurisdiction.’’. section shall be made in accordance with SEC. 3. MULTIPARTY, MULTIFORUM JURISDIC- (b) VENUE.—Section 1391 of title 28, United section 1446 of this title, except that a notice TION OF DISTRICT COURTS. States Code, is amended by adding at the end of removal may also be filed before trial of (a) BASIS OF JURISDICTION.— the following: the action in State court within 30 days after (1) IN GENERAL.—Chapter 85 of title 28, ‘‘(g) A civil action in which jurisdiction of the date on which the defendant first be- United States Code, is amended by adding at the district court is based upon section 1369 comes a party to an action under section 1369 the end the following new section: of this title may be brought in any district in a United States district court that arises ‘‘§ 1369. Multiparty, multiforum jurisdiction in which any defendant resides or in which a from the same accident as the action in ‘‘(a) IN GENERAL.—The district courts shall substantial part of the accident giving rise State court, or at a later time with leave of have original jurisdiction of any civil action to the action took place.’’. the district court.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.014 pfrm02 PsN: H14PT1 H894 CONGRESSIONAL RECORD — HOUSE March 14, 2001 ‘‘(2) Whenever an action is removed under pending on or brought on or after the date of which a substantial majority of plain- this subsection and the district court to the enactment of this Act. tiffs and the primary defendants are which it is removed or transferred under sec- (b) SECTION 3.—The amendments made by citizens of the same State and in which section 3 shall apply to a civil action if the tion 1407(j) has made a liability determina- the claims asserted are governed pri- tion requiring further proceedings as to dam- accident giving rise to the cause of action ages, the district court shall remand the ac- occurred on or after the 90th day after the marily by the laws of that same State. tion to the State court from which it had date of the enactment of this Act. In other words, only State courts may been removed for the determination of dam- The SPEAKER pro tempore. Pursu- hear such cases. ages, unless the court finds that, for the con- ant to the rule, the gentleman from Third, the choice-of-law section is venience of parties and witnesses and in the stricken. Upon further reflection, I be- Wisconsin (Mr. SENSENBRENNER) and interest of justice, the action should be re- lieve it confers too much discretionary the gentleman from Michigan (Mr. tained for the determination of damages. authority on a Federal judge to select ‘‘(3) Any remand under paragraph (2) shall CONYERS) each will control 20 minutes. The Chair recognizes the gentleman the relevant law that will apply in a not be effective until 60 days after the dis- given case. from Wisconsin (Mr. SENSENBRENNER). trict court has issued an order determining In sum, this legislation speaks to liability and has certified its intention to re- Mr. SENSENBRENNER. Mr. Speak- mand the removed action for the determina- er, I yield myself such time as I may process, fairness, and judicial effi- tion of damages. An appeal with respect to consume. ciency. It will not interfere with jury the liability determination of the district As the author of H.R. 860, I am grate- verdicts or compensation rates for liti- court may be taken during that 60-day pe- ful for the opportunity to consider it gators. I therefore urge my colleagues riod to the court of appeals with appellate on the floor today. The bill before us to join me in a bipartisan effort to sup- jurisdiction over the district court. In the port the Multidistrict, Multiparty, event a party files such an appeal, the re- has had a long legislative life, having been considered in one form or another Multiforum Trial Jurisdiction Act of mand shall not be effective until the appeal 2001. has been finally disposed of. Once the re- since the 101st Congress in 1991. This legislation addresses two impor- Mr. Speaker, I reserve the balance of mand has become effective, the liability de- my time. termination shall not be subject to further tant issues in the world of complex Mr. CONYERS. Mr. Speaker, I yield review by appeal or otherwise. multidistrict litigation. Section 2 of ‘‘(4) Any decision under this subsection myself such time as I may consume. the bill would reverse the effects of the I rise in support of the bill. I am will- concerning remand for the determination of 1998 Supreme Court decision in the so- damages shall not be reviewable by appeal or ing to support the bill as described by otherwise. called Lexecon case. It would simply the gentleman from Wisconsin with the ‘‘(5) An action removed under this sub- amend the multidistrict litigation understanding that section 3 per- section shall be deemed to be an action statute by explicitly allowing a trans- taining to disaster litigation would ex- under section 1369 and an action in which ju- feree court to retain jurisdiction over pand Federal court jurisdiction in a risdiction is based on section 1369 of this referred cases for trial for the purpose very narrowly defined category of cases title for purposes of this section and sections of determining liability and punitive in order to improve the manageability 1407, 1697, and 1785 of this title. damages or refer them to other dis- ‘‘(6) Nothing in this subsection shall re- of complex litigation. strict the authority of the district court to tricts as it sees fit. In fact, section 2 My support of the bill does not in any transfer or dismiss an action on the ground only codifies what had constituted on- way serve as a precedent for support of of inconvenient forum.’’. going judicial practice for nearly 30 broader expansion of diversity jurisdic- (e) SERVICE OF PROCESS.— years prior to the Lexecon decision. tion that can be found in the class ac- (1) OTHER THAN SUBPOENAS.—(A) Chapter Section 3 addresses a particular spe- tion reform bill which I do not support. 113 of title 28, United States Code, is amend- cies of complex litigation, so-called Section 3 of the bill expands Federal ed by adding at the end the following new disaster cases, such as those involving section: court jurisdiction for single accidents airline accidents. The language set involving at least 25 people having ‘‘§ 1697. Service in multiparty, multiforum ac- forth in my bill is a revised version of damages in excess of $150,000 per claim tions a concept which, beginning in the 101st ‘‘When the jurisdiction of the district and establishes new Federal procedures Congress, has been supported by the in these narrowly defined cases for se- court is based in whole or in part upon sec- Department of Justice, the Adminis- tion 1369 of this title, process, other than lection of venue, service of process and subpoenas, may be served at any place with- trative Office of the U.S. Courts, two issuance of subpoenas. I agree and in the United States, or anywhere outside previous Democratic Congresses, and thank the gentleman from Wisconsin the United States if otherwise permitted by one previous Republican Congress. for making the kinds of concessions law.’’. Section 3 will help reduce litigation that have made this measure more pal- (B) The table of sections at the beginning costs as well as the likelihood of forum atable. of chapter 113 of title 28, United States Code, shopping in single-accident mass tort As introduced in the Congress, this is amended by adding at the end the fol- cases. All plaintiffs in these cases lowing new item: bill includes an additional safeguard to would ordinarily be situated identi- the limited expansion of Federal court ‘‘1697. Service in multiparty, multiforum ac- cally, making the case for consolida- tions.’’. jurisdiction. A United States District tion of their actions especially compel- Court may not hear any case in which (2) SERVICE OF SUBPOENAS.—(A) Chapter 117 ling. These types of disasters, with a ‘‘substantial majority’’ of plaintiffs of title 28, United States Code, is amended by their hundreds or thousands of plain- adding at the end the following new section: and the primary defendants are all citi- tiffs and numerous defendants, have zens of the same State and in which ‘‘§ 1785. Subpoenas in multiparty, multiforum the potential to impair the orderly ad- actions the claims asserted are governed pri- ministration of justice in Federal ‘‘When the jurisdiction of the district marily by the laws of that same State, court is based in whole or in part upon sec- courts for an extended period of time. another provision that the gentleman tion 1369 of this title, a subpoena for attend- This committee and the full House from Wisconsin provided us that we ance at a hearing or trial may, if authorized unanimously passed the precursor to agreed to. by the court upon motion for good cause H.R. 860 last term. During eleventh shown, and upon such terms and conditions hour negotiations with the other body, b 1115 as the court may impose, be served at any I offered to make three changes in an It is my understanding that under place within the United States, or anywhere effort to generate greater support for the bill, mass tort injuries that involve outside the United States if otherwise per- the bill. As a show of good faith, I have the same injury over and over again mitted by law.’’. incorporated those changes into the like asbestos cases, breast implant (B) The table of sections at the beginning of chapter 117 of title 28, United States Code, bill we are considering today. They cases, would be excluded, and that the is amended by adding at the end the fol- consist of the following: type of cases that would be included lowing new item: First, a plaintiff must allege at least would be plane, train, bus, boat acci- ‘‘1785. Subpoenas in multiparty, multiforum $150,000 in damages, up from $75,000, to dents, environmental spills, many of actions.’’. file in U.S. district court. which may already be brought in Fed- SEC. 4. EFFECTIVE DATE. Second, an exception to the min- eral court. (a) SECTION 2.—The amendments made by imum diversity rule is created. A U.S. So while I have traditionally opposed section 2 shall apply to any civil action district court may not hear a case in having Federal courts decide State tort

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.011 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H895 issues and disfavor the expansion of the Section 3 of this bill gives the Fed- civil actions arising out of a single ac- jurisdiction of the already overloaded eral courts minimal diversity jurisdic- cident that resulted in death or injury district courts, I will support the bill tion to hear cases arising out of single of 25 or more persons, if the damages because unlike the class-action bill, it accidents involving death or injury to exceed $150,000 per claim and minimal only expands Federal court jurisdiction at least 25 persons where damages of diversity exists. While the bill contains in a much narrower class of actions, $150,000 or more are claimed by each of a number of details, I am reassured with the objective of judicial expedi- those persons. Section 3 applies in very that this bill would not apply to mass ence. narrow, strictly circumscribed cir- tort injuries that involve the same in- Mr. Speaker, I reserve the balance of cumstances. As such, it is not a signifi- jury over and over again, such as asbes- my time. cant increase of Federal court jurisdic- tos or breast implants. This issue has Mr. SENSENBRENNER. Mr. Speak- tion, and it is justified by the judicial been of real concern to me, having er, I yield 2 minutes to the gentleman efficiencies it will occasion. worked on these issues over the last from North Carolina (Mr. COBLE). My colleagues should not confuse couple of Congresses. Mr. COBLE. Mr. Speaker, I thank the section 3 with the proposed class-ac- In this sense, H.R. 860 is a sharp dis- gentleman for yielding me this time. tion legislation which would cause a tinction from the Interstate Class Ac- The distinguished gentleman from Wis- much greater and, to my way of think- tion Jurisdiction Act of 1999. Unlike consin (Mr. SENSENBRENNER) and the ing, more troubling increase in Federal H.R. 860, the class-action bills require distinguished gentleman from Michi- court jurisdiction; nor should my col- only minimal diversity for all civil ac- gan (Mr. CONYERS) have very ade- leagues see this bill as establishing a tions brought as class actions in Fed- quately explained this bill, Mr. Speak- precedent in support of class-action eral court, regardless of the individual er, so I will be brief. legislation. Quite to the contrary, sup- amounts in controversy, the number of I have endorsed this bill during the port for this bill is in no way an excep- separate incidents or injuries that may preceding two Congresses, and I wel- tion of support for class-action legisla- give rise to a class action or the state- come the opportunity to voice my sup- tion. based nature of the claim. Rather than port for it today. I will not repeat what With this understanding about the providing a reasonable, limited modi- has already been said about it; but I narrow reach of H.R. 860, I encourage fication to diversity jurisdiction, the would note, Mr. Speaker, that the gen- my colleagues to vote in support of it. class action bill, which I strongly op- Mr. CONYERS. Mr. Speaker, I yield 3 tleman from Wisconsin (Mr. SENSEN- pose, represents a radical rewrite of the minutes to the gentlewoman from BRENNER), the chairman of the com- class-action rules and would ban most mittee, did add three additional fea- Texas (Ms. JACKSON-LEE). (Ms. JACKSON-LEE of Texas asked forms of State class actions. Not the tures to this year’s version in an effort and was given permission to revise and bill today. to compromise, and I think this good- Mr. Speaker, in closing, let me say I extend her remarks.) faith gesture ought to be acknowl- Ms. JACKSON-LEE of Texas. Mr. know that this legislation is not a rad- edged. Speaker, I appreciate the chairman and ical rewrite of existing law. It is my I urge my colleagues to support H.R. the ranking member. sincere hope that H.R. 860 will permit a 860. It will help the multidistrict litiga- I am certainly pleased that we have genuine commitment to provide mean- tion panel discharge its responsibilities legislation on the floor that hopefully ingful access to the courts as all Amer- and will ultimately streamline the ad- creates an opportunity to open the icans should have. Access to our courts judication of complex multidistrict doors of the courthouse to plaintiffs and justice is simply the right thing to cases in a manner that is fair to all and litigants in a manner that is ex- happen for everyone in America. litigants. pansive. There are a few parts of the Mr. Speaker, I rise today in support of H.R. Mr. CONYERS. Mr. Speaker, I am legislation I would like to comment on 860, the ‘‘Multidistrict, Multiparty, Multiforum pleased to yield 3 minutes to the gen- and I think merit attention. Jurisdiction Act of 1999.’’ I supported the leg- tleman from California (Mr. BERMAN), One provision of the bill allows a islation in a Judiciary Committee markup last our ranking member on the Sub- transferee court in multidistrict litiga- week, with a few observations. committee on Courts and Intellectual tion to retain jurisdiction over all of Clearly, consideration of H.R. 860 comes at Property. the consolidated cases with the pre- a time where court dockets continue to rise Mr. BERMAN. Mr. Speaker, one does sumption that compensatory damages yet pay salaries for federal judges appear in- not have to be an intellectual to be on will be remanded to the transfer court. adequate to deal with the important questions that subcommittee. It also expands Federal court jurisdic- that confront Americans. H.R. 860 is intended Mr. Speaker, I rise in support of tion by requiring only minimal diver- to improve the ability of federal courts to han- House passage of H.R. 860, the Multidis- sity as opposed to complete diversity dle complex multidistrict litigation arising from trict, Multiparty, Multiplatform Trial for mass torts arising from a single in- a common set of facts. Last Congress the Jurisdiction Act of 2001. cident. Lastly, the bill establishes new House passed a virtually identical bill, H.R. Mr. Speaker, H.R. 860 is a narrow bill Federal procedures in these narrowly 2112, by voice vote under suspension of the designed to improve judicial efficiency. defined cases for the selection of venue, rules; however, it stalled in the Senate. Last Congress, the House passed a vir- service of process, and issuance of sub- There are a few parts of the legislation tually identical bill, H.R. 2112, by voice poenas. which merit attention. One provision of the bill vote under suspension. In three pre- I am concerned, however, that this allows a transferee court in multidistrict litiga- vious Congresses, the House-passed bill was marked up by the full com- tion to retain jurisdiction over all of the consoli- bills were comprised of section 3 of mittee only 2 days after it was intro- dated cases which the presumption that com- H.R. 860. The bill has two operative duced and received no consideration at pensatory damages will be remanded to the sections. the subcommittee level. I am aware, transferor court. It also expands federal court Section 2 overturns the U.S. Supreme however, that this bill has traveled jurisdiction by requiring only minimal diversity Court decision in 1998, Lexecon v. through many Congresses. (as opposed to complete diversity) for mass Milberg, Weiss. Section 2 will improve Currently, this bill could impact torts arising from a single incident. Lastly, the judicial efficiency by allowing a trans- plaintiffs who file suit in a State court, bill establishes new federal procedures in feree court to retain a case for pur- because H.R. 860 could allow for that these narrowly defined cases for the selection poses of deciding liability and punitive case to be involuntarily sent to a Fed- of venue, service of process and issuance of damages as well as for hearing pretrial eral court that may be hundreds of subpoenas. motions. Through language I worked miles from his or her home. In this I am concerned, however, that this bill was out with the chairman of the com- case, there is no reason to force a marked up by the full Committee only two mittee during committee consideration plaintiff into Federal court where the days after it was introduced and received no of a nearly identical bill last Congress, defendant resides or has a place of busi- consideration at the subcommittee level. Cur- H.R. 860 creates a presumption that ness in a State where the applicable rently this bill could impact plaintiffs who file cases will be sent back to transferee law is the State law. suit in a state court, because HR 860 could courts for the purposes of determining I am supportive, however, of the allow for that case to be involuntarily to a Fed- compensatory damages. bill’s expansion of jurisdiction over eral court that may be hundreds of miles from

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K14MR7.033 pfrm02 PsN: H14PT1 H896 CONGRESSIONAL RECORD — HOUSE March 14, 2001 his home. In this case, there is no reason to The problem with that is that cases Mr. SENSENBRENNER. Mr. Speak- force a plaintiff into Federal court where the by their very nature are individual er, I yield myself such time as I may defendant resides or has a place of business cases, and so this bill leaves us with consume. in the state and where the applicable law is this kind of situation: we have an indi- Mr. Speaker, I disagree with the ar- the state law. vidual plaintiff who has been injured guments made by my friend, the gen- I am supportive however, of the bills expan- by a defendant who has a residence in tleman from North Carolina (Mr. sion of jurisdiction over civil actions arising out the State in which the accident oc- WATT), because I think that the pur- of a single accident that result in the death or curred. There is no diversity of juris- pose of this bill is to make the process injury of 25 or more persons, if the damages diction between that plaintiff and that of adjudicating a common disaster law- exceed $150,000 per claim and minimal diver- defendant. Yet, if it were a big accident suit, such as one arising from a plane sity exists. While the bill contains a number of and there were 25 people injured in the crash or a train wreck, more conven- details, I am reassured that this bill would not accident, they can take that case and ient to all of the litigants concerned. apply to mass tort injuries that involve the it becomes a Federal issue under this That provides for the consolidation same injury over and over again, such as, as- bill, whereas if it were a small case, it of these cases in a manner that has bestos or breast implants. This issue has been would continue to be the case of the in- been described for determining liabil- of real concern to me. dividual plaintiff and the plaintiff ity and punitive damages, but not for In this sense, H.R. 860 is a sharp distinction would have the right to litigate that determining compensatory damages. from the ‘‘Interstate Class Action Jurisdiction case either in his own State court or in So overall, it makes the system fairer Act of 1999.’’ Unlike H.R. 860, the class action the jurisdiction that the plaintiff for all litigants, although it might bill requires only minimal diversity for all civil chooses to litigate the case in. make the system a bit inconvenient to actions brought as class actions in federal Now, for urban communities, this some litigants. So I think we have a court, regardless of the individual amounts in may not have significant implications, balancing effect here. I am just concerned over a common controversy, the number of separate incidents but there are some States in which the disaster case bringing about a huge or injuries that may give rise to a class action, closest Federal district court is hun- plethora of lawsuits that would be filed or the state-based nature of the claim. Rather dreds of miles away. While this bill than providing a reasonable, limited modifica- in courts all over the country. Given does a good job of taking into account where the plaintiffs would live who tion to diversity jurisdiction, the class bill— the convenience of the court and the which I strongly oppose—represents a radical were injured or killed in the plane expediency of cases on a gross basis, crash, or where the airline was located, rewrite of the class action rules and would ban our courts were not made for the gross most forms of state class actions. Such a bill where the crash occurred, or the manu- basis; our courts were made for indi- facturer of the plane and its component is not before us today. vidual litigants and for the conven- Mr. Speaker, I know that this legislation is parts were situated, we could have law- ience of individual litigants. In this not a radical rewrite of existing law. It is my suits on the same disaster going on in rare circumstance where we have one sincere hope that H.R. 860 will permit a gen- every court. uine commitment to providing meaningful ac- plaintiff who is part of a bigger group, Sooner or later there would be ap- cess to our courts. Access to our courts is a defendant, who is resident in the peals which would be expensive, that simply essential for every American. same State as that one defendant, that would have to be consolidated so there Mr. CONYERS. Mr. Speaker, I am plaintiff ought to be able to litigate would be a single law that would be ap- pleased to yield the remaining time to that case in his home community, even plicable to everybody. the gentleman from North Carolina though everybody else is moving to a We can short-circuit that problem by (Mr. WATT). Federal court, because the underlying the type of consolidation that is being Mr. WATT of North Carolina. Mr. proposition of our courts is that the proposed in this bill. The administra- Speaker, certainly I will not consume courts are for the convenience of liti- tive office of the U.S. courts and the the remaining time that we have on gants, not for the convenience of multidistrict litigation panel of the ju- this side, but I appreciate the oppor- judges or even for judicial efficiency. dicial conference of the United States tunity to speak and I appreciate the When judicial efficiency comes into have supported this bill. They do not gentleman yielding time to me. conflict with the interests of an indi- like to see an expansion of Federal ju- I was one of several people in the vidual plaintiff or the individual par- risdiction, but they see this as nec- committee who actually voted against ties in a case, the rights of the indi- essary for the streamlining of the adju- reporting this bill favorably to the vidual parties in that case should pre- dication of these claims. floor; and while I am not personally vail. Someone said, ‘‘Justice delayed is planning to ask for a vote on the floor So this is a small thing; it is not a justice denied.’’ Whenever we have a if somebody else does not ask for it, if Federal issue. This bill is better than it complex case like this, there are delays a vote is requested, I intend to vote started off with. I am not at odds with that are in and of the nature of the liti- against the bill again. anybody on this. gation. But I believe that this will I think what has been said up to this speed up the final resolution in bring- point is correct. This bill is better in a b 1130 ing to closure any litigation that may number of respects than it was when it arise as a result of one of these disas- was originally introduced, and I want But I am hopeful that the people in ters. I would hope that the bill would to applaud the chairman of the full control of this bill, between now and be passed for that reason. committee and others who have the time that it passes into law, can Mr. Speaker, I include for the worked to improve the bill. figure out a way, and it would be sim- RECORD two letters related to this mat- I do believe, however, that the bill ple to do, I think, by changing one or ter. continues to have one blind spot in it, two words in this bill, figure out a way The letters referred to are as follows: and the blind spot could have been ad- to allow an individual plaintiff in the JUDICIAL CONFERENCE OF dressed if the bill had received sub- situation that I have described to con- THE UNITED STATES, committee attention or more thorough tinue to be able to litigate his case in Washington, DC, March 13, 2001. attention in the full committee; and I the State courts in the community in Hon. F. JAMES SENSENBRENNER, Jr., which they live, and not have to travel Chairman, Committee on the Judiciary, House am hopeful that this blind spot will be of Representatives, Rayburn House Office addressed if this bill moves forward in miles away and become part of a big Building, Washington, DC. the process, because I think it is a seri- class action lawsuit that the plaintiff DEAR MR. CHAIRMAN: On behalf of the Judi- ous blind spot. may not want to be associated with in cial Conference of the United States, I write The blind spot really approaches this the first place. to express the support of the federal judici- issue from a different end of the spec- So I am hopeful that the spirit in ary for H.R. 860, the ‘‘Multidistrict, trum than the bill itself does, because which I am offering this, and I am not Multiparty, Multiforum Trial Jurisdiction Act of 2001.’’ This bill was reported favorably the bill really talks about kind of a trying to be adverse to anybody, will on March 8, 2001, by the Committee you majority rule in big cases where the be heard, and that somebody will try to chair. H.R. 860 will facilitate the resolution majority of the plaintiffs in a case can correct this blind spot in the bill before of claims by citizens and improve the admin- really control where the case is tried. this bill becomes law. istration of justice.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.017 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H897 Section 2 of the bill amends 28 U.S.C. § 1407, accident or event and thereby ‘‘to promote Mr. Speaker, I just want to make a the multidistrict litigation statute, to allow more expeditious and economical disposition few comments in response to the gen- a judge with a transferred case to retain it of such litigation.’’ tleman from North Carolina, because for trial or to transfer it to another district. Today, the Judicial Panel on Multidistrict he makes legitimate and accurate Presently, section 1407(a) authorizes the Ju- Litigation can transfer to one judge for pre- dicial Panel on Multidistrict Litigation to trial proceedings those cases involving com- points about this legislation. But in re- transfer civil actions pending in multiple mon questions of fact that are pending in sponse, I would make a few points. federal judicial districts with common ques- federal courts throughout the country. 28 Mr. Speaker, concerning H.R. 860, the tions of fact ‘‘to any district for coordinated U.S.C. § 1407. Section 3 of H.R. 860 would ex- circumstances which this bill applies or consolidated pretrial proceedings.’’ It also pand federal jurisdiction by allowing state to are so narrow and unique, and be- requires the Judicial Panel to remand any cases arising from a single event (such as a cause so many civil actions which arise such action to the district court in which the plane crash or hotel fire) to be brought into out of a single action are already sub- action was filed at or before the conclusion such process as a result of filing, removal, or ject to Federal jurisdiction, there real- of such pretrial proceedings, unless the ac- intervention. Section 3 of the bill would tion is terminated before then in the trans- ly are in a practical sense very few avoid multiple trials on common issues, min- plaintiffs who will find themselves in a feree court. imize litigation costs, and ensure that liti- Although the federal courts had for nearly gants are treated consistently and fairly. Federal court who would not have al- 30 years followed the practice of allowing a Thus, this legislation will promote the reso- ready been there. transferee court to invoke the venue transfer lution of litigants’ claims in these unique But even if they do, this bill has pro- provision (28 U.S.C. § 1404(a)) and transfer the and related cases. tection, because the bill preserves the case to itself for trial purposes, the Supreme Thank you for taking prompt action on ability of the transferee court, the Fed- Court in Lexecon, Inc. v. Milberg Weiss this important and necessary legislation. If eral court to which this multi-party Bershad Hynes & Lerach, 523 U.S. 26 (1998), you or your staff have any questions, please litigation has been assigned, it pre- held that statutory authority did not exist contact Mike Blommer, Assistant Director, for a district judge conducting pretrial pro- serves the ability of that court to Office of Legislative Affairs (202–502–1700). transfer back or dismiss an action on ceedings to transfer a case to itself for trial. Sincerely, The Court noted that the proper venue for the ground of an inconvenient forum. LEONIDAS RALPH MECHAM, resolving the desirability of such self-trans- Secretary. So that plaintiff has the ability to fer authority is ‘‘the floor of Congress.’’ make his case that even though it is a A proposal to amend section 1407 in re- JUDICIAL PANEL ON result of that single accident, even sponse to the Lexecon decision was approved MULTIDISTRICT LITIGATION, though I am alleging $150,000, in my by the Judicial Conference at its September 1998 session and is supported by the Judicial March 13, 2001. particular situation, notwithstanding Hon. F. JAMES SENSENBRENNER, Jr., Panel on Multidistrict Litigation. As experi- the efficiencies that would justify a ence has shown, there is wisdom in permit- Chairman, Committee on the Judiciary, House single trial, for purposes of liability ting the judge who is familiar with the facts of Representatives, Rayburn House Office and other issues, we should go back to and parties and pretrial proceedings of a Building, Washington, DC. the State court. DEAR MR. CHAIRMAN: On behalf of the Judi- transferred case to retain the case for trial. The gentleman from North Carolina cial Panel on Multidistrict Litigation, I am Also, as with most federal civil actions, writing to urge support of H.R. 860, the says, but he has to get to that court in multidistrict litigation cases are typically Multidistrict, Multiparty, Multiforum Trial order to make that request. That is resolved through settlement. Allowing the Jurisdiction Act of 2001. As you know, my true. transferee judge to set a firm trial date pro- predecessor as Chairman of the Panel, Judge Mr. WATT of North Carolina. Mr. motes the resolution of these cases. Section 3 of H.R. 860 adds a new section John F. Nangle, testified in favor of the pre- Speaker, will the gentleman yield? 1369 to title 28, United States Code, entitled vious version of this legislation on June 16, Mr. BERMAN. I yield to the gen- ‘‘multiparty, multiforum jurisdiction.’’ It es- 1999, before the Subcommittee on Courts and tleman from North Carolina. sentially provides that the United States dis- Intellectual Property. Mr. WATT of North Carolina. Mr. trict courts shall have jurisdiction over any Section 2 of this legislation, to restore the Speaker, I appreciate the gentleman civil action that arises from a single acci- options available to the litigants and the yielding. I appreciate him taking seri- dent or event in which at least 25 persons federal judiciary prior to the 1998 Supreme ously the comments that I am making. have died or been injured at a particular lo- Court Lexecon decision, passed unanimously I would just point out to him two word-for-word in both the House of Rep- cation, where any such injuries result in al- things. Yes, this bill will make the sys- leged damages exceeding $150,000 by each resentatives and the Senate in the last Con- gress. The previous version of Section 3 of tem more efficient, but from 22 years of plaintiff and which involves minimal diver- the practice of law, I will tell the gen- sity between adverse parties. The legislation the legislation, aimed at streamlining adju- also requires that one defendant must reside dication of single accident litigation, has tleman that every single case is a in a state that is different from the location passed the House of Representatives in bipar- unique case for the parties in that case. of the accident or the residence of any other tisan fashion on four prior occasions—twice So when we say that this applies only defendant or that substantial parts of the when the Democrats were in the majority in to a small number of cases, the gen- event took place in different states. The the 101st and 102nd Congresses, and twice tleman is absolutely right. I do not transferee court would be authorized to de- when the Republicans were in the majority argue that. But for that individual in the 105th and 106th Congresses. termine issues of liability and punitive dam- plaintiff who is coming into court, we ages and would remand cases to the trans- Surely the time has come to enact this clearly beneficial legislation for the reasons ought to make the courts as conven- feror court for determinations of compen- iently available to that one individual satory damages, unless the court finds, for stated in Judge Nangle’s testimony. Your the convenience of parties and witnesses and continued leadership in this area is highly as we can. in the interest of justice, that the action valued and appreciated. The gentleman says that this person should be retained for the determination of Sincerely, can show up in the Federal court, make damages. The district court, however, must WM. TERRELL HODGES, a motion to move it back, but here he abstain from hearing an action under the bill Chairman. is sitting there with 16 other plaintiffs if a substantial majority of all plaintiffs are Mr. SENSENBRENNER. Mr. Speak- who say, Please do not move this case. citizens of a single state of which the pri- er, I reserve the balance of my time. All I am saying is, that person ought to mary defendants are also citizens and the Mr. CONYERS. Mr. Speaker, I yield be allowed to go and litigate their case claims asserted will be governed primarily the balance of my time to the gen- in a forum that is convenient to them, by the laws of that state. Upon consideration of related proposals tleman from California (Mr. BERMAN). not have their case and the placement during the 100th Congress, the Judicial Con- Mr. SENSENBRENNER. Mr. Speak- of it decided on the basis of some ma- ference in March 1988 approved in principle er, I yield the gentleman from Cali- jority rule theory. the creation of federal jurisdiction that fornia 1 minute. I understand efficiency of the court. I would rely on minimal diversity to consoli- The SPEAKER pro tempore (Mr. understand why the Judicial Con- date multiple litigation in state and federal SHIMKUS). The gentleman from Cali- ference would favor this. But in the in- courts of cases involving personal injury or fornia (Mr. BERMAN) is recognized for 6 terest of individual plaintiffs, I think property damage and arising out of a single minutes. it is important to have another excep- event. The Conference endorsed the idea of redirecting diversity jurisdiction to serve a Mr. BERMAN. Mr. Speaker, I thank tion in this bill, and it would be used so purpose that state courts are not able to the ranking member and the gen- infrequently that it would not be an serve, namely to facilitate the consolidation tleman from Wisconsin for their gen- imposition. It could be done very easily of scattered actions arising out of the same erous yielding of time to me. in the context of this bill.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.021 pfrm02 PsN: H14PT1 H898 CONGRESSIONAL RECORD — HOUSE March 14, 2001 Mr. BERMAN. Reclaiming my time, pend the rules and pass the bill, H.R. (D) Section 3(f) of title 35, United States Code, Mr. Speaker, this is not just about effi- 860, as amended. is amended in subparagraphs (A) and (B) of ciency. This is also about convenience The question was taken; and (two- paragraph (2)— of the parties. thirds having voted in favor thereof) (i) by striking ‘‘the Commissioner’’ each place it appears and inserting ‘‘the Assistant Commis- We had a horrible accident recently the rules were suspended and the bill, sioner’’; and with a private plane taking the Okla- as amended, was passed. (ii) by striking ‘‘a Commissioner’’ each place it homa State basketball team. That may A motion to reconsider was laid on appears and inserting ‘‘an Assistant Commis- not be applicable, because this requires the table. sioner’’. 25 people. But think of a similar situa- f (E) Section 13 of title 35, United States Code, tion where a huge number of those pas- is amended— sengers are from one State. The defend- INTELLECTUAL PROPERTY AND (i) by striking ‘‘Commissioner of’’ each place it ant is from some other State. HIGH TECHNOLOGY TECHNICAL appears and inserting ‘‘Assistant Commissioner This allows the multi-party com- AMENDMENTS ACT OF 2001 for’’; and (ii) by striking ‘‘Commissioners’’ and inserting mittee, the panel that decides these Mr. SENSENBRENNER. Mr. Speak- ‘‘Assistant Commissioners’’. multi-district multi-party cases where er, I move to suspend the rules and (F) Chapter 17 of title 35, United States Code, they should be tried, to consider the pass the Senate bill (S. 320) to make is amended by striking ‘‘Commissioner of Pat- convenience of the plaintiffs in this technical corrections in patent, copy- ents’’ each place it appears and inserting ‘‘As- kind of a case, not simply the question right, and trademark laws, as amended. sistant Commissioner for Patents’’. of efficiency. So there are some real The Clerk read as follows: (G) Section 297 of title 35, United States Code, is amended by striking ‘‘Commissioner of Pat- positive benefits from this legislation, S. 320 as well. ents’’ each place it appears and inserting ‘‘Com- Be it enacted by the Senate and House of Rep- missioner’’. Moreover, on the issue of damages, resentatives of the United States of America in (4) Section 5314 of title 5, United States Code, which can be particularly a matter to Congress assembled, is amended by striking be determined by local communities SECTION 1. SHORT TITLE. ‘‘Under Secretary of Commerce for Intellectual and peers in the community where that This Act may be cited as the ‘‘Intellectual Property and Director of the United States Pat- plaintiff resides, this creates the pre- Property and High Technology Technical ent and Trademark Office.’’ sumption that that issue, the compen- Amendments Act of 2001’’. and inserting satory damages issue, will go back, in SEC. 2. OFFICERS AND EMPLOYEES. ‘‘Under Secretary of Commerce for Intellectual the case of the hypothetical that you (a) RENAMING OF OFFICERS.—(1)(A) Except as Property and Commissioner of the United States cited, to the State court for determina- provided in subparagraph (B), title 35, United Patent and Trademark Office.’’. tion. States Code, other than section 210(d), is amend- (5) Section 5315 of title 5, United States Code, Yes, the bill will cause some plain- ed— is amended by striking (i) by striking ‘‘Director’’ each place it ap- ‘‘Deputy Under Secretary of Commerce for In- tiffs to find themselves in Federal pears and inserting ‘‘Commissioner’’; and tellectual Property and Deputy Director of the court, while without the bill those (ii) by striking ‘‘Director’s’’ each place it ap- United States Patent and Trademark Office.’’ plaintiffs would have been able to re- pears and inserting ‘‘Commissioner’s’’. and inserting main in State courts. I think there are (B) Section 3(b)(5) of title 35, United States ‘‘Deputy Under Secretary of Commerce for In- several policy considerations. I have Code, is amended by striking ‘‘Director’’ the tellectual Property and Deputy Commissioner of mentioned them. As the chairman said first place it appears and inserting ‘‘Commis- the United States Patent and Trademark Of- earlier, we have to draw a balance. sioner’’. fice.’’. Having the very complicated and com- (C) Section 3(a) of title 35, United States Code, (6)(A) Sections 303 and 304 of title 35, United is amended in the subsection heading, by strik- States Code, are each amended in the section plex issue of liability tried in one place ing ‘‘DIRECTOR’’ and inserting ‘‘COMMIS- headings by striking ‘‘Director’’ and inserting makes sense. SIONER’’. ‘‘Commissioner’’. As we balance these things, Mr. (D) Section 3(b)(1) of title 35, United States (B) The items relating to sections 303 and 304 Speaker, I come down on the side of Code, is amended in the paragraph heading, by in the table of sections for chapter 30 of title 35, having the complicated, expensive, and striking ‘‘DIRECTOR’’ and inserting ‘‘COMMIS- United States Code, are each amended by strik- controversial issue litigated in one SIONER’’. ing ‘‘Director’’ and inserting ‘‘Commissioner’’. court. (2) The Act of July 5, 1946 (commonly referred (7)(A) Sections 312 and 313 of title 35, United And I might just add in the remain- to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. States Code, are each amended in the section ing seconds I have that from what I un- 1051 et seq.) is amended by striking ‘‘Director’’ headings by striking ‘‘Director’’ and inserting each place it appears and inserting ‘‘Commis- ‘‘Commissioner’’. derstand from plaintiff’s attorneys in- sioner’’. (B) The items relating to sections 312 and 313 volved in these accident cases and (3)(A) Title 35, United States Code, other than in the table of sections for chapter 31 of title 35, other cases like this that this bill ad- subsection (f) of section 3, is amended by strik- United States Code, are each amended by strik- dresses, that the problem is, sometimes ing ‘‘Commissioner for Patents’’ each place it ing ‘‘Director’’ and inserting ‘‘Commissioner’’. that guy who wants to file in the State appears and inserting ‘‘Assistant Commissioner (8) Section 17(b) of the Trademark Act of 1946 court, the lawyer who wants to file in for Patents’’. (15 U.S.C. 1067) is amended by striking ‘‘Com- the State court because it is an in- (B) Title 35, United States Code, other than missioner for Patents, the Commissioner for State defendant, he really wants to be subsection (f) of section 3, is amended by strik- Trademarks’’ and inserting ‘‘Assistant Commis- ing ‘‘Commissioner for Trademarks’’ each place sioner for Patents, the Assistant Commissioner the free rider in this. He wants the it appears and inserting ‘‘Assistant Commis- for Trademarks’’. whole thing tried and all the discovery, sioner for Trademarks’’. (b) ADDITIONAL CLERICAL AMENDMENTS.— all that done by others. Then, after (C) Section 3(b)(2) of title 35, United States (1) The following provisions of law are amend- that issue is settled, he will come in Code, is amended— ed by striking ‘‘Director’’ each place it appears with a State action, not having put up (i) in the paragraph heading, by striking and inserting ‘‘Commissioner’’. his share of the costs and his efforts, ‘‘COMMISSIONERS’’ and inserting ‘‘ASSISTANT (A) Section 9(p)(1)(B) of the Small Business and cash in. I am told that is one as- COMMISSIONERS’’; Act (15 U.S.C. 638(p)(1)(B). pect of why some plaintiff’s lawyers, no (ii) in subparagraph (A), in the last sen- (B) Section 19 of the Tennessee Valley Au- tence— thority Act of 1933 (16 U.S.C. 831r). one in this room, I am sure, would ac- (I) by striking ‘‘a Commissioner’’ and insert- (C) Section 182(b)(2)(A) of the Trade Act of tually prefer to file in the State court. ing ‘‘an Assistant Commissioner’’; and 1974 (19 U.S.C. 2242(b)(2)(A)). Mr. CONYERS. Mr. Speaker, I have (II) by striking ‘‘the Commissioner’’ and in- (D) Section 302(b)(2)(D) of the Trade Act of no further requests for time, and I serting ‘‘the Assistant Commissioner’’; 1974 (19 U.S.C. 2412(b)(2)(D)). yield back the balance of my time. (iii) in subparagraph (B)— (E) Section 702(d) of the Federal Food, Drug, Mr. SENSENBRENNER. Mr. Speak- (I) by striking ‘‘Commissioners’’ each place it and Cosmetic Act (21 U.S.C. 372(d)). er, I have no further requests for time, appears and inserting ‘‘Assistant Commis- (F) Section 1295(a)(4)(B) of title 28, United and I yield back the balance of my sioners’’; States Code. (II) by striking ‘‘Commissioners’ ’’ each place (G) Section 1744 of title 28, United States time. it appears and inserting ‘‘Assistant Commis- Code. The SPEAKER pro tempore. The sioners’ ’’; and (H) Section 151 of the Atomic Energy Act of question is on the motion offered by (iv) in subparagraph (C), by striking ‘‘Com- 1954 (42 U.S.C. 2181). the gentleman from Wisconsin (Mr. missioners’’ and inserting ‘‘Assistant Commis- (I) Section 152 of the Atomic Energy Act of SENSENBRENNER) that the House sus- sioners’’. 1954 (42 U.S.C. 2182).

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\CR\FM\K14MR7.038 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H899 (J) Section 305 of the National Aeronautics Law 106–113, is amended by striking ‘‘Part 3’’ effect under this title as an application for pat- and Space Act of 1958 (42 U.S.C. 2457). and inserting ‘‘Part III’’. ent published’’ and inserting ‘‘be deemed a pub- (K) Section 12(a) of the Solar Heating and (2) Section 4604(b) of that Act is amended by lication’’; and Cooling Demonstration Act of 1974 (42 U.S.C. striking ‘‘title 25’’ and inserting ‘‘title 35’’. (F) by adding at the end the following: 5510(a)), the last place such term appears. (d) EFFECTIVE DATE.—The amendments made ‘‘(12) The item relating to section 374 in the (L) Section 10(i) of the Trading with the by sections 4605(c) and 4605(e) of the Intellec- table of contents for chapter 37 of title 35, enemy Act (50 U.S.C. App. 10(i)). tual Property and Communications Omnibus United States Code, is amended to read as fol- (M) Sections 4203, 4506, 4606, and 4804(d)(2) of Reform Act, as enacted by section 1000(a)(9) of lows: the Intellectual Property and Communications Public Law 106–113, shall apply to any reexam- ‘‘ ‘374. Publication of international applica- Omnibus Reform Act of 1999, as enacted by sec- ination filed in the United States Patent and tion.’’’. tion 1000(a)(9) of Public Law 106–113. Trademark Office on or after the date of the en- (3) Section 4508 is amended to read as follows: (2) The item relating to section 1744 in the actment of Public Law 106–113. ‘‘SEC. 4508. EFFECTIVE DATE. table of sections for chapter 115 of title 28, SEC. 4. PATENT AND TRADEMARK EFFICIENCY United States Code, is amended by striking ACT AMENDMENTS. ‘‘Except as otherwise provided in this section, sections 4502 through 4507, and the amendments ‘‘generally’’ and inserting ‘‘, generally’’. (a) DEPUTY COMMISSIONER.— (c) REFERENCES.—Any reference in any other (1) Section 17(b) of the Act of July 5, 1946 made by such sections, shall be effective as of Federal law, Executive order, rule, regulation, (commonly referred to as the ‘‘Trademark Act of November 29, 2000, and shall apply only to ap- or delegation of authority, or any document of 1946’’) (15 U.S.C. 1067(b)), is amended by insert- plications (including international applications or pertaining to the Patent and Trademark Of- ing ‘‘the Deputy Commissioner,’’ after ‘‘Commis- designating the United States) filed on or after fice— sioner,’’. that date. The amendments made by sections (1) to the Director of the United States Patent (2) Section 6(a) of title 35, United States Code, 4504 and 4505 shall additionally apply to any and Trademark Office or to the Commissioner of is amended by inserting ‘‘the Deputy Commis- pending application filed before November 29, Patents and Trademarks is deemed to refer to sioner,’’ after ‘‘Commissioner,’’. 2000, if such pending application is published the Under Secretary of Commerce for Intellec- (b) PUBLIC ADVISORY COMMITTEES.—Section 5 pursuant to a request of the applicant under tual Property and Commissioner of the United of title 35, United States Code, is amended— such procedures as may be established by the States Patent and Trademark Office; (1) in subsection (i), by inserting ‘‘, privi- Commissioner. If an application is filed on or (2) to the Commissioner for Patents is deemed leged,’’ after ‘‘personnel’’; and after November 29, 2000, or is published pursu- to refer to the Assistant Commissioner for Pat- (2) by adding at the end the following new ant to a request from the applicant, and the ap- ents; and subsection: plication claims the benefit of one or more prior- (3) to the Commissioner for Trademarks is ‘‘(j) INAPPLICABILITY OF PATENT PROHIBI- filed applications under section 119(e), 120, or deemed to refer to the Assistant Commissioner TION.—Section 4 shall not apply to voting mem- 365(c) of title 35, United States Code, then the for Trademarks. bers of the Advisory Committees.’’. amendment made by section 4505 shall apply to SEC. 3. CLARIFICATION OF REEXAMINATION PRO- (c) MISCELLANEOUS.—Section 153 of title 35, the prior-filed application in determining the fil- CEDURE ACT OF 1999; TECHNICAL United States Code, is amended by striking ing date in the United States of the applica- AMENDMENTS. ‘‘and attested by an officer of the Patent and tion.’’. (a) OPTIONAL INTER PARTES REEXAMINATION Trademark Office designated by the Commis- SEC. 7. MISCELLANEOUS CLERICAL AMEND- PROCEDURES.—Title 35, United States Code, is sioner,’’. MENTS. amended as follows: MENDMENTS TO ITLE SEC. 5. DOMESTIC PUBLICATION OF FOREIGN (a) A T 35.—The following (1) Section 311 is amended— FILED PATENT APPLICATIONS ACT provisions of title 35, United States Code, are (A) in subsection (a), by striking ‘‘person’’ OF 1999 AMENDMENTS. amended: and inserting ‘‘third-party requester’’; and Section 154(d)(4)(A) of title 35, United States (1) Section 2(b) is amended in paragraphs (B) in subsection (c), by striking ‘‘Unless the Code, as in effect on November 29, 2000, is (2)(B) and (4)(B), by striking ‘‘, United States requesting person is the owner of the patent, amended— Code’’. the’’ and inserting ‘‘The’’. (1) by striking ‘‘on which the Patent and (2) Section 3 is amended— (2) Section 312 is amended— Trademark Office receives a copy of the’’ and (A) in subsection (a)(2)(B), by striking (A) in subsection (a), by striking the last sen- inserting ‘‘of’’; and ‘‘United States Code,’’; tence; and (2) by striking ‘‘international application’’ the (B) in subsection (b)(2)— (B) in subsection (b), by striking ‘‘, if any’’. last place it appears and inserting ‘‘publica- (i) in the first sentence of subparagraph (A), (3) Section 314(b)(1) is amended— tion’’. by striking ‘‘, United States Code’’; (A) by striking ‘‘(1) This’’ and all that follows (ii) in the first sentence of subparagraph (B)— SEC. 6. DOMESTIC PUBLICATION OF PATENT AP- through ‘‘(2)’’ and inserting ‘‘(1)’’; (I) by striking ‘‘United States Code,’’; and (B) by striking ‘‘the third-party requester PLICATIONS PUBLISHED ABROAD. Subtitle E of title IV of the Intellectual Prop- (II) by striking ‘‘, United States Code’’; shall receive a copy’’ and inserting ‘‘the Office (iii) in the second sentence of subparagraph shall send to the third-party requester a copy’’; erty and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Pub- (B)— and (I) by striking ‘‘United States Code,’’; and (C) by redesignating paragraph (3) as para- lic Law 106–113, is amended as follows: (1) Section 4505 is amended to read as follows: (II) by striking ‘‘, United States Code.’’ and graph (2). inserting a period; (4) Section 315(c) is amended by striking ‘‘SEC. 4505. PRIOR ART EFFECT OF PUBLISHED (iv) in the last sentence of subparagraph (B), APPLICATIONS. ‘‘United States Code,’’. by striking ‘‘, United States Code’’; and ‘‘Section 102(e) of title 35, United States Code, (5) Section 317 is amended— (v) in subparagraph (C), by striking ‘‘, United is amended to read as follows: (A) in subsection (a), by striking ‘‘patent States Code’’; and ‘‘ ‘(e) the invention was described in (1) an ap- owner nor the third-party requester, if any, nor (C) in subsection (c)— plication for patent, published under section privies of either’’ and inserting ‘‘third-party re- (i) in the subsection caption, by striking ‘‘, 122(b), by another filed in the United States be- quester nor its privies’’; and UNITED STATES CODE’’; and fore the invention by the applicant for patent or (B) in subsection (b), by striking ‘‘United (ii) by striking ‘‘United States Code,’’. (2) a patent granted on an application for pat- States Code,’’. (3) Section 5 is amended in subsections (e) and ent by another filed in the United States before (b) CONFORMING AMENDMENTS.— (g), by striking ‘‘, United States Code’’ each the invention by the applicant for patent, except (1) APPEAL TO THE BOARD OF PATENT APPEALS place it appears. that an international application filed under AND INTERFERENCES.—Subsections (a), (b), and (4) The table of chapters for part I is amended the treaty defined in section 351(a) shall have (c) of section 134 of title 35, United States Code, in the item relating to chapter 3, by striking are each amended by striking ‘‘administrative the effects for the purposes of this subsection of ‘‘before’’ and inserting ‘‘Before’’. an application filed in the United States only if patent judge’’ each place it appears and insert- (5) The item relating to section 21 in the table the international application designated the ing ‘‘primary examiner’’. of contents for chapter 2 is amended to read as (2) PROCEEDING ON APPEAL.—Section 143 of United States and was published under Article follows: title 35, United States Code, is amended by 21(2) of such treaty in the English language; amending the third sentence to read as follows: or’. ’’. ‘‘21. Filing date and day for taking action.’’. ‘‘In an ex parte case or any reexamination case, (2) Section 4507 is amended— (6) The item relating to chapter 12 in the table the Commissioner shall submit to the court in (A) in paragraph (1), by striking ‘‘Section 11’’ of chapters for part II is amended to read as fol- writing the grounds for the decision of the Pat- and inserting ‘‘Section 10’’; lows: ent and Trademark Office, addressing all the (B) in paragraph (2), by striking ‘‘Section 12’’ ‘‘12. Examination of Application ...... 131’’. issues involved in the appeal. The court shall, and inserting ‘‘Section 11’’. (7) The item relating to section 116 in the table before hearing an appeal, give notice of the time (C) in paragraph (3), by striking ‘‘Section 13’’ of contents for chapter 11 is amended to read as and place of the hearing to the Commissioner and inserting ‘‘Section 12’’; follows: and the parties in the appeal.’’. (D) in paragraph (4), by striking ‘‘12 and 13’’ (c) CLERICAL AMENDMENTS.— and inserting ‘‘11 and 12’’; ‘‘116. Inventors.’’. (1) Section 4604(a) of the Intellectual Property (E) in section 374 of title 35, United States (8) Section 154(b)(4) is amended by striking ‘‘, and Communications Omnibus Reform Act of Code, as amended by paragraph (10), by striking United States Code,’’. 1999, as enacted by section 1000(a)(9) of Public ‘‘confer the same rights and shall have the same (9) Section 156 is amended—

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A14MR7.012 pfrm02 PsN: H14PT1 H900 CONGRESSIONAL RECORD — HOUSE March 14, 2001 (A) in subsection (b)(3)(B), by striking ‘‘para- (4) Section 4402(b)(1) of that Act is amended ‘‘(a)(1) A registered mark or a mark for which graphs’’ and inserting ‘‘paragraph’’; by striking ‘‘in the fourth paragraph’’. an application to register has been filed shall be (B) in subsection (d)(2)(B)(i), by striking SEC. 8. TECHNICAL CORRECTIONS IN TRADE- assignable with the good will of the business in ‘‘below the office’’ and inserting ‘‘below the Of- MARK LAW. which the mark is used, or with that part of the fice’’; and (a) AWARD OF DAMAGES.—Section 35(a) of the good will of the business connected with the use (C) in subsection (g)(6)(B)(iii), by striking Act of July 5, 1946 (commonly referred to as the of and symbolized by the mark. Notwithstanding ‘‘submittted’’ and inserting ‘‘submitted’’. ‘‘Trademark Act of 1946’’) (15 U.S.C. 1117(a)), is the preceding sentence, no application to reg- (10) The item relating to section 183 in the amended by striking ‘‘a violation under section ister a mark under section 1(b) shall be assign- table of contents for chapter 17 is amended by 43(a), (c), or (d),’’ and inserting ‘‘a violation able prior to the filing of an amendment under striking ‘‘of’’ and inserting ‘‘to’’. under section 43(a) or (d),’’. section 1(c) to bring the application into con- (11) Section 185 is amended by striking the sec- (b) ADDITIONAL TECHNICAL AMENDMENTS.— formity with section 1(a) or the filing of the ond period at the end of the section. The Trademark Act of 1946 is further amended verified statement of use under section 1(d), ex- (12) Section 201(a) is amended— as follows: cept for an assignment to a successor to the (A) by striking ‘‘United States Code,’’; and (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is business of the applicant, or portion thereof, to (B) by striking ‘‘5, United States Code.’’ and amended in the first sentence by striking ‘‘speci- which the mark pertains, if that business is on- inserting ‘‘5.’’. fying the date of the applicant’s first use’’ and going and existing. (13) Section 202 is amended— all that follows through the end of the sentence ‘‘(2) In any assignment authorized by this sec- (A) in subsection (b)(4), by striking ‘‘last and inserting ‘‘specifying the date of the appli- tion, it shall not be necessary to include the paragraph of section 203(2)’’ and inserting ‘‘sec- cant’s first use of the mark in commerce and good will of the business connected with the use tion 203(b)’’; and those goods or services specified in the notice of of and symbolized by any other mark used in (B) in subsection (c)— allowance on or in connection with which the the business or by the name or style under (i) in paragraph (4), by striking ‘‘rights;’’ and mark is used in commerce.’’. which the business is conducted. inserting ‘‘rights,’’; and (2) Section 1(e) (15 U.S.C. 1051(e)) is amended ‘‘(3) Assignments shall be by instruments in (ii) in paragraph (5), by striking ‘‘of the to read as follows: writing duly executed. Acknowledgment shall be United States Code’’. ‘‘(e) If the applicant is not domiciled in the prima facie evidence of the execution of an as- (14) Section 203 is amended— United States the applicant may designate, by a signment, and when the prescribed information (A) in paragraph (2)— document filed in the United States Patent and reporting the assignment is recorded in the (i) by striking ‘‘(2)’’ and inserting ‘‘(b)’’; Trademark Office, the name and address of a United States Patent and Trademark Office, the (ii) by striking the quotation marks and person resident in the United States on whom record shall be prima facie evidence of execu- comma before ‘‘as appropriate’’; and may be served notices or process in proceedings tion. (iii) by striking ‘‘paragraphs (a) and (c)’’ and affecting the mark. Such notices or process may ‘‘(4) An assignment shall be void against any inserting ‘‘paragraphs (1) and (3) of subsection be served upon the person so designated by leav- subsequent purchaser for valuable consideration (a)’’; and ing with that person or mailing to that person without notice, unless the prescribed informa- (B) in the first paragraph— a copy thereof at the address specified in the tion reporting the assignment is recorded in the (i) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ last designation so filed. If the person so des- United States Patent and Trademark Office and inserting ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’, re- ignated cannot be found at the address given in within 3 months after the date of the assignment spectively; and the last designation, or if the registrant does not or prior to the subsequent purchase. (ii) by striking ‘‘(1.’’ and inserting ‘‘(a)’’. designate by a document filed in the United ‘‘(5) The United States Patent and Trademark (15) Section 209 is amended in subsections States Patent and Trademark Office the name Office shall maintain a record of information on (d)(2) and (f), by striking ‘‘of the United States and address of a person resident in the United assignments, in such form as may be prescribed Code’’. States on whom may be served notices or process by the Commissioner. (16) Section 210 is amended— in proceedings affecting the mark, such notices ‘‘(b) An assignee not domiciled in the United (A) in subsection (a)— or process may be served on the Commissioner.’’. States may designate by a document filed in the (i) in paragraph (11), by striking ‘‘5901’’ and (3) Section 8(f) (15 U.S.C. 1058(f)) is amended United States Patent and Trademark Office the inserting ‘‘5908’’; and to read as follows: name and address of a person resident in the (ii) in paragraph (20) by striking ‘‘178(j)’’ and ‘‘(f) If the registrant is not domiciled in the United States on whom may be served notices or inserting ‘‘178j’’; and United States, the registrant may designate, by process in proceedings affecting the mark. Such (B) in subsection (c)— a document filed in the United States Patent notices or process may be served upon the per- (i) by striking ‘‘paragraph 202(c)(4)’’ and in- and Trademark Office, the name and address of son so designated by leaving with that person or serting ‘‘section 202(c)(4)’’; and a person resident in the United States on whom mailing to that person a copy thereof at the ad- (ii) by striking ‘‘title..’’ and inserting ‘‘title.’’. may be served notices or process in proceedings dress specified in the last designation so filed. If (17) The item relating to chapter 29 in the affecting the mark. Such notices or process may the person so designated cannot be found at the table of chapters for part III is amended by in- be served upon the person so designated by leav- address given in the last designation, or if the serting a comma after ‘‘Patent’’. ing with that person or mailing to that person assignee does not designate by a document filed (18) The item relating to section 256 in the a copy thereof at the address specified in the in the United States Patent and Trademark Of- table of contents for chapter 25 is amended to last designation so filed. If the person so des- fice the name and address of a person resident read as follows: ignated cannot be found at the address given in in the United States on whom may be served no- the last designation, or if the registrant does not ‘‘256. Correction of named inventor.’’. tices or process in proceedings affecting the designate by a document filed in the United mark, such notices or process may be served (19) Section 294 is amended— States Patent and Trademark Office the name upon the Commissioner.’’. (A) in subsection (b), by striking ‘‘United and address of a person resident in the United (6) Section 23(c) (15 U.S.C. 1091(c)) is amended States Code,’’; and States on whom may be served notices or process by striking the second comma after ‘‘numeral’’. (B) in subsection (c), in the second sentence in proceedings affecting the mark, such notices (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is by striking ‘‘court to’’ and inserting ‘‘court of’’. or process may be served on the Commissioner.’’. amended by aligning the text with paragraph (20) Section 371(b) is amended by adding at (4) Section 9(c) (15 U.S.C. 1059(c)) is amended (7). the end a period. to read as follows: (8) Section 34(d)(1)(A) (15 U.S.C. (21) Section 371(d) is amended by adding at ‘‘(c) If the registrant is not domiciled in the 1116(d)(1)(A)) is amended by striking ‘‘section the end a period. United States the registrant may designate, by a 110’’ and all that follows through ‘‘(36 U.S.C. (22) Paragraphs (1), (2), and (3) of section document filed in the United States Patent and 380)’’ and inserting ‘‘section 220506 of title 36, 376(a) are each amended by striking the semi- Trademark Office, the name and address of a United States Code,’’. colon and inserting a period. person resident in the United States on whom (9) Section 34(d)(1)(B)(ii) (15 U.S.C. (b) OTHER AMENDMENTS.— may be served notices or process in proceedings 1116(d)(1)(B)(ii)) is amended by striking ‘‘section (1) Section 4732(a) of the Intellectual Property affecting the mark. Such notices or process may 110’’ and all that follows through ‘‘(36 U.S.C. and Communications Omnibus Reform Act of be served upon the person so designated by leav- 380)’’ and inserting ‘‘section 220506 of title 36, 1999 is amended— ing with that person or mailing to that person United States Code’’. (A) in paragraph (9)(A)(ii), by inserting ‘‘in a copy thereof at the address specified in the (10) Section 34(d)(11) is amended by striking subsection (b),’’ after ‘‘(ii)’’; and last designation so filed. If the person so des- ‘‘6621 of the Internal Revenue Code of 1954’’ and (B) in paragraph (10)(A), by inserting after ignated cannot be found at the address given in inserting ‘‘6621(a)(2) of the Internal Revenue ‘‘title 35, United States Code,’’ the following: the last designation, or if the registrant does not Code of 1986’’. ‘‘other than sections 1 through 6 (as amended designate by a document filed in the United (11) Section 35(b) (15 U.S.C. 1117(b)) is amend- by chapter 1 of this subtitle),’’. States Patent and Trademark Office the name ed— (2) Section 4802(1) of that Act is amended by and address of a person resident in the United (A) by striking ‘‘section 110’’ and all that fol- inserting ‘‘to’’ before ‘‘citizens’’. States on whom may be served notices or process lows through ‘‘(36 U.S.C. 380)’’ and inserting (3) Section 4804 of that Act is amended— in proceedings affecting the mark, such notices ‘‘section 220506 of title 36, United States Code,’’; (A) in subsection (b), by striking ‘‘11(a)’’ and or process may be served on the Commissioner.’’. and inserting ‘‘10(a)’’; and (5) Subsections (a) and (b) of section 10 (15 (B) by striking ‘‘6621 of the Internal Revenue (B) in subsection (c), by striking ‘‘13’’ and in- U.S.C. 1060(a) and (b)) are amended to read as Code of 1954’’ and inserting ‘‘6621(a)(2) of the serting ‘‘12’’. follows: Internal Revenue Code of 1986’’.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A14MR7.012 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H901 (12) Section 44(e) (15 U.S.C. 1126(e)) is amend- (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) Mr. CONYERS. Mr. Speaker, I yield ed by striking ‘‘a certification’’ and inserting ‘‘a The’’; and myself such time as I may consume. true copy, a photocopy, a certification,’’. (ii) by striking the semicolon at the end and Mr. Speaker, I rise in support of the inserting a period; SEC. 9. PATENT AND TRADEMARK FEE CLERICAL amendment, and so do all of the Mem- AMENDMENT. (B) in subparagraph (B)— The Patent and Trademark Fee Fairness Act (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) bers on our side. This is noncontrover- of 1999 (113 Stat. 1537–546 et seq.), as enacted by The’’; and sial. We support the chairman’s de- section 1000(a)(9) of Public Law 106–113, is (ii) by striking the semicolon at the end and scription. amended in section 4203, by striking ‘‘111(a)’’ inserting a period; and Mr. Speaker, I have no further re- (C) in subparagraph (C), by striking ‘‘(C) the’’ and inserting ‘‘1113(a)’’. and inserting ‘‘(C) The’’. quests for time, and I yield back the SEC. 10. COPYRIGHT RELATED CORRECTIONS TO (10) Section 304(c)(2) is amended— balance of my time. 1999 OMNIBUS REFORM ACT. (A) in subparagraph (A)— Mr. SENSENBRENNER. Mr. Speak- Title I of the Intellectual Property and Com- (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) er, I yield 1 minute to the gentleman munications Omnibus Reform Act of 1999, as en- The’’; and from North Carolina (Mr. COBLE). acted by section 1000(a)(9) of Public Law 106– (ii) by striking the semicolon at the end and Mr. COBLE. Mr. Speaker, I thank the 113, is amended as follows: inserting a period; (1) Section 1007 is amended— (B) in subparagraph (B)— gentleman for yielding time to me. I (A) in paragraph (2), by striking ‘‘paragraph (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) will be very brief. (2)’’ and inserting ‘‘paragraph (2)(A)’’; and The’’; and Mr. Speaker, as the gentleman from (B) in paragraph (3), by striking ‘‘1005(e)’’ (ii) by striking the semicolon at the end and Wisconsin stated, S. 320 consists of and inserting ‘‘1005(d)’’. inserting a period; and noncontroversial technical amend- (C) in subparagraph (C), by striking ‘‘(C) the’’ (2) Section 1006(b) is amended by striking ments to the patent, trademark, and ‘‘119(b)(1)(B)(iii)’’ and inserting and inserting ‘‘(C) The’’. ‘‘119(b)(1)(B)(ii)’’. (11) The item relating to section 903 in the copyright laws. They are important (3)(A) Section 1006(a) is amended— table of contents for chapter 9 is amended by improvements. (i) in paragraph (1), by adding ‘‘and’’ after striking ‘‘licensure’’ and inserting ‘‘licensing’’. I want to thank my friend, the dis- the semicolon; SEC. 12. OTHER COPYRIGHT RELATED TECH- tinguished gentleman from California (ii) by striking paragraph (2); and NICAL AMENDMENTS. (Mr. BERMAN), the ranking member on (iii) by redesignating paragraph (3) as para- (a) AMENDMENT TO TITLE 18.—Section the subcommittee, for his work, as 2319(e)(2) of title 18, United States Code, is graph (2). well, on this bill, both in the 106th Con- (B) Section 1011(b)(2)(A) is amended to read as amended by striking ‘‘107 through 120’’ and in- follows: serting ‘‘107 through 122’’. gress and the 107th Congress. I also ‘‘(A) in paragraph (1), by striking ‘primary (b) STANDARD REFERENCE DATA.—(1) Section want to thank the gentleman from transmission made by a superstation and em- 105(f) of Public Law 94–553 is amended by strik- Wisconsin (Chairman SENSENBRENNER) bodying a performance or display of a work’ ing ‘‘section 290(e) of title 15’’ and inserting for expeditiously moving this legisla- and inserting ‘performance or display of a work ‘‘section 6 of the Standard Reference Data Act tion along, because it is important. I embodied in a primary transmission made by a (15 U.S.C. 290e)’’. urge my colleagues to support S. 320. (2) Section 6(a) of the Standard Reference superstation or by the Public Broadcasting Serv- Mr. BERMAN. Mr. Speaker, I rise in support ice satellite feed’;’’. Data Act (15 U.S.C. 290e) is amended by striking ‘‘Notwithstanding’’ and all that follows through of S. 320. SEC. 11. AMENDMENTS TO TITLE 17, UNITED STATES CODE. ‘‘United States Code,’’ and inserting ‘‘Notwith- This bill, as amended by the Judiciary Com- Title 17, United States Code, is amended as standing the limitations under section 105 of mittee last week, is comprised of language follows: title 17, United States Code,’’. from two bills, H.R. 4870 and H.R. 5106, that (1) Section 119(a)(6) is amended by striking The SPEAKER pro tempore. Pursu- the House passed by voice vote on suspen- ‘‘of performance’’ and inserting ‘‘of a perform- ant to the rule, the gentleman from sion last year. As were those bills last year, ance’’. Wisconsin (Mr. SENSENBRENNER) and the current version of S. 320 is wholly non- (2)(A) The section heading for section 122 is the gentleman from Michigan (Mr. controversial and technical. It makes technical amended by striking ‘‘rights; secondary’’ and CONYERS) each will control 20 minutes. changes to patent, trademark, and copyright inserting ‘‘rights: Secondary’’. The Chair recognizes the gentleman (B) The item relating to section 122 in the law and streamlines the operations of the PTO table of contents for chapter 1 is amended to from Wisconsin (Mr. SENSENBRENNER). and Copyright Office. read as follows: Mr. SENSENBRENNER. Mr. Speak- As amended, S. 320 will do such things as ‘‘122. Limitations on exclusive rights: Secondary er, I yield myself such time as I may change the title of the head of the PTO from transmissions by satellite carriers consume. ‘‘Director’’ to ‘‘Commissioner.’’ It will also har- within local markets.’’. Mr. Speaker, Senate bill 320 consists monize capitalizations, alphabetize definition (3)(A) The section heading for section 121 is of noncontroversial, technical amend- sections, and correct punctuation. amended by striking ‘‘reproduction’’ and in- ments to the patent, trademark, and I urge my colleagues to vote in favor of his serting ‘‘Reproduction’’. copyright laws. This bill corrects cler- bill. (B) The item relating to section 121 in the ical and other technical drafting er- Mr. SENSENBRENNER. Mr. Speak- table of contents for chapter 1 is amended by rors, and makes important clarifica- er, I yield back the balance of my time. striking ‘‘reproduction’’ and inserting ‘‘Repro- tions in the American Inventors Pro- The SPEAKER pro tempore. The duction’’. tection Act which was enacted into law question is on the motion offered by (4)(A) Section 106 is amended by striking ‘‘107 during the 106th Congress. through 121’’ and inserting ‘‘107 through 122’’. the gentleman from Wisconsin (Mr. (B) Section 501(a) is amended by striking ‘‘106 It also makes technical changes to SENSENBRENNER) that the House sus- through 121’’ and inserting ‘‘106 through 122’’. title I of the Intellectual Property and pend the rules and pass the Senate bill, (C) Section 511(a) is amended by striking ‘‘106 Communications Omnibus Reform Act S. 320, as amended. through 121’’ and inserting ‘‘106 through 122’’. of 1999, title 17, and other copyright The question was taken; and (two- (5) Section 101 is amended— and related technical amendments. thirds having voted in favor thereof) (A) by moving the definition of ‘‘computer On February 14, 2001, S. 320 passed the rules were suspended and the Sen- program’’ so that it appears after the definition the other body by a recorded vote of 98 ate bill, as amended, was passed. of ‘‘compilation’’; and to 0. However, upon further review, (B) by moving the definition of ‘‘registration’’ A motion to reconsider was laid on so that it appears after the definition of ‘‘pub- drafting errors were discovered in the the table. licly’’. bill. The Committee on the Judiciary (6) Section 110(4)(B) is amended in the matter adopted an amendment in the nature of f preceding clause (i) by striking ‘‘conditions;’’ a substitute which corrected the draft- MAKING TECHNICAL AMENDMENTS and inserting ‘‘conditions:’’. ing errors. The amendment and S. 320, TO SECTION 10 OF TITLE 9, (7) Section 118(b)(1) is amended in the second as amended, were unanimously agreed UNITED STATES CODE sentence by striking ‘‘to it’’. to by voice vote in the committee. (8) Section 119(b)(1)(A) is amended— These are important and necessary Mr. SENSENBRENNER. Mr. Speak- (A) by striking ‘‘transmitted’’ and inserting amendments to our intellectual prop- er, I move to suspend the rules and ‘‘retransmitted’’; and (B) by striking ‘‘transmissions’’ and inserting erty laws, and I urge Members to sup- pass the bill (H.R. 861) to make tech- ‘‘retransmissions’’. port S. 320. nical amendments to section 10 of title (9) Section 203(a)(2) is amended— Mr. Speaker, I reserve the balance of 9, United States Code. (A) in subparagraph (A)— my time. The Clerk read as follows:

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.012 pfrm02 PsN: H14PT1 H902 CONGRESSIONAL RECORD — HOUSE March 14, 2001 H.R. 861 This bill has been passed by each of [Roll No. 48] Be it enacted by the Senate and House of Rep- the past two Congresses, only to be YEAS—407 resentatives of the United States of America in held hostage by unrelated issues in the Abercrombie Dooley Kildee Congress assembled, other body. Aderholt Doolittle Kilpatrick SECTION 1. VACATION OF AWARDS. To my colleagues here and on the Akin Doyle Kind (WI) Allen Dreier King (NY) Section 10 of title 9, United States Code, is other side of the Capitol who have pre- amended— Andrews Duncan Kingston viously loaded up this bill with unre- Armey Dunn Kirk (1) by indenting the margin of paragraphs lated legislation, I say free the comma, Baca Ehlers Kleczka (1) through (4) of subsection (a) 2 ems; Bachus Ehrlich Knollenberg (2) by striking ‘‘Where’’ in such paragraphs and I urge my colleagues to pass H.R. Baird Emerson Kolbe and inserting ‘‘where’’; 861. Baker Engel Kucinich (3) by striking the period at the end of Mr. Speaker, I reserve the balance of Baldacci English LaFalce paragraphs (1), (2), and (3) of subsection (a) my time. Baldwin Eshoo LaHood and inserting a semicolon and by adding Ballenger Etheridge Lampson Mr. CONYERS. Mr. Speaker, I yield Barcia Evans Langevin ‘‘or’’ at the end of paragraph (3); myself such time as I may consume. Barr Everett Lantos (4) by redesignating subsection (b) as sub- Mr. Speaker, I rise in total unani- Barrett Farr Largent section (c); and Bartlett Fattah Larsen (WA) (5) in paragraph (5), by striking ‘‘Where an mous support for the comma bill. Bass Filner Larson (CT) award’’ and inserting ‘‘If an award’’, by in- Mr. Speaker, I yield back the balance Bentsen Fletcher Latham serting a comma after ‘‘expired’’, and by re- of my time. Bereuter Foley LaTourette designating the paragraph as subsection (b). Mr. SENSENBRENNER. Mr. Speak- Berkley Ford Leach Berman Fossella Levin The SPEAKER pro tempore. Pursu- er, I yield back the balance of my time Berry Frank Lewis (CA) ant to the rule, the gentleman from as well. Biggert Frost Lewis (GA) Bilirakis Gallegly Lewis (KY) Wisconsin (Mr. SENSENBRENNER) and The SPEAKER pro tempore (Mr. Bishop Ganske Linder the gentleman from Michigan (Mr. SHIMKUS). The question is on the mo- Blagojevich Gekas Lipinski CONYERS) each will control 20 minutes. tion offered by the gentleman from Blumenauer Gephardt LoBiondo The Chair recognizes the gentleman Wisconsin (Mr. SENSENBRENNER) that Blunt Gibbons Lofgren the House suspend the rules and pass Boehlert Gilchrest Lowey from Wisconsin (Mr. SENSENBRENNER). Boehner Gillmor Lucas (KY) Mr. SENSENBRENNER. Mr. Speak- the bill, H.R. 861. Bonilla Gilman Lucas (OK) er, I yield myself such time as I may The question was taken. Bonior Gonzalez Luther consume. The SPEAKER pro tempore. In the Bono Goode Maloney (CT) Borski Goodlatte Maloney (NY) Mr. Speaker, I rise in support of H.R. opinion of the Chair, two-thirds of Boswell Gordon Manzullo 861, and in so doing, feel inclined to those present have voted in the affirm- Boucher Goss Markey paraphrase Daniel Webster, who, in de- ative. Boyd Graham Mascara fending Dartmouth College, noted that Mr. SENSENBRENNER. Mr. Speak- Brady (PA) Granger Matheson Brady (TX) Graves Matsui ‘‘It may be small, but there are those er, on that I demand the yeas and nays. Brown (OH) Green (TX) McCarthy (MO) who love it.’’ The yeas and nays were ordered. Brown (SC) Green (WI) McCarthy (NY) Nothing could be more true with this The SPEAKER pro tempore. Pursu- Bryant Greenwood McCollum Burr Grucci McCrery bill, as H.R. 861 makes a truly tech- ant to clause 8 of rule XX and the Burton Gutierrez McDermott nical correction of the most non- Chair’s prior announcement, further Buyer Gutknecht McGovern controversial nature. It simply cor- proceedings on this motion will be Callahan Hall (OH) McHugh rects section 10 of title 9 of the United postponed. Calvert Hall (TX) McInnis Camp Hansen McIntyre States Code, which is a typographical f Cantor Harman McKeon flaw that has long evaded detection. Capito Hart McKinney Capps Hastings (FL) McNulty This section enumerates several ANNOUNCEMENT BY THE SPEAKER grounds for vacating an arbitrator’s Capuano Hastings (WA) Meehan PRO TEMPORE Cardin Hayes Meeks (NY) award, with each ground beginning Carson (IN) Hayworth Menendez with the word ‘‘where.’’ The fifth The SPEAKER pro tempore. Pursu- Carson (OK) Hefley Mica clause of section 10, however, is obvi- ant to clause 8 of rule XX, the Chair Castle Herger Millender- will now put the question on each mo- Chabot Hill McDonald ously not a ground for vacating an Chambliss Hilleary Miller (FL) award, but rather, the beginning of a tion to suspend the rules on which fur- Clay Hilliard Miller, Gary new sentence. This bill corrects this ther proceedings were postponed ear- Clayton Hinchey Mink lier today. Clement Hinojosa Mollohan error. Clyburn Hobson Moore However small this change may be, Votes will be taken in the following Coble Hoeffel Moran (KS) through the years this bill, which has order: Collins Hoekstra Moran (VA) come to be known as ‘‘the comma bill,’’ H.R. 725, by the yeas and nays; and Combest Holden Morella H.R. 861, by the yeas and nays. Condit Honda Murtha has engendered great affection. Conyers Hooley Myrick The Chair will reduce to 5 minutes b 1130 Cooksey Horn Nadler the time for any electronic vote after Costello Hostettler Napolitano Some may try to diminish the impor- the first vote in this series. Cox Houghton Neal tance of this bill, but one should never Coyne Hoyer Nethercutt f Cramer Hulshof Ney underestimate the importance of a Crane Hutchinson Northup comma. Crenshaw Hyde Norwood To paraphrase the late Everett Dirk- MADE IN AMERICA INFORMATION Crowley Inslee Nussle sen, a comma here, a comma there, and ACT Cubin Isakson Oberstar Culberson Israel Obey pretty soon you have got a full sen- The SPEAKER pro tempore. The Cummings Issa Olver tence. pending business is the question of sus- Cunningham Istook Ortiz Let us be honest with ourselves, pending the rules and passing the bill, Davis (CA) Jackson (IL) Osborne Davis (FL) Jackson-Lee Ose when used properly, a comma can be H.R. 725, as amended. Davis, Jo Ann (TX) Otter devastatingly effective. For those, es- The Clerk read the title of the bill. Davis, Tom Jenkins Owens pecially school children, who think The SPEAKER pro tempore. The Deal John Oxley that grammar and punctuation do not question is on the motion offered by DeFazio Johnson (CT) Pallone DeGette Johnson (IL) Pascrell matter and tune themselves out during the gentleman from Florida (Mr. Delahunt Johnson, Sam Pastor English class, today’s action shows STEARNS) that the House suspend the DeLauro Jones (NC) Payne clearly that it does. rules and pass the bill, H.R. 725, as DeLay Jones (OH) Pelosi DeMint Kanjorski Pence Thankfully, not every grammar mis- amended, on which the yeas and nays Deutsch Kaptur Peterson (MN) take, not every misplaced comma are ordered. Diaz-Balart Kelly Peterson (PA) takes an act of Congress to correct, but The vote was taken by electronic de- Dicks Kennedy (MN) Petri this particular section of the United vice, and there were—yeas 407, nays 3, Dingell Kennedy (RI) Phelps Doggett Kerns Pickering States Code does. not voting 22, as follows:

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.015 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H903 Pitts Scott Thompson (CA) pending the rules and passing the bill, Matheson Pombo Solis Platts Sensenbrenner Thompson (MS) Matsui Pomeroy Souder Pombo Serrano Thornberry H.R. 861. McCarthy (MO) Portman Spence Pomeroy Sessions Thune The Clerk read the title of the bill. McCarthy (NY) Price (NC) Spratt Portman Shadegg Thurman The SPEAKER pro tempore. The McCollum Pryce (OH) Stark Price (NC) Shaw Tiahrt McCrery Putnam Stearns Pryce (OH) Shays Tiberi question is on the motion offered by McDermott Quinn Stenholm Putnam Sherman Tierney the gentleman from Wisconsin (Mr. McGovern Radanovich Strickland Quinn Sherwood Toomey SENSENBRENNER) that the House sus- McHugh Rahall Stump Radanovich Shimkus Traficant pend the rules and pass the bill, H.R. McInnis Ramstad Stupak Rahall Shows Turner McIntyre Rangel Sununu Ramstad Simmons Udall (CO) 861, on which the yeas and nays are or- McKeon Regula Sweeney Rangel Simpson Udall (NM) dered. McKinney Rehberg Tancredo Regula Sisisky Upton This will be a 5-minute vote. McNulty Reyes Tanner Rehberg Skeen Velazquez Meehan Reynolds Tauscher Reyes Skelton Visclosky The vote was taken by electronic de- Meeks (NY) Riley Tauzin Reynolds Slaughter Vitter vice, and there were—yeas 413, nays 0, Menendez Rivers Taylor (MS) Riley Smith (MI) Walden not voting 19, as follows: Mica Rodriguez Taylor (NC) Rivers Smith (TX) Walsh Millender- Roemer Terry Rodriguez Smith (WA) Wamp [Roll No. 49] McDonald Rogers (KY) Thomas Roemer Snyder Waters YEAS—413 Miller (FL) Rogers (MI) Thompson (CA) Rogers (KY) Solis Watkins Miller, Gary Rohrabacher Thompson (MS) Rogers (MI) Souder Watt (NC) Abercrombie Cummings Hilliard Mink Ros-Lehtinen Thornberry Rohrabacher Spence Watts (OK) Aderholt Cunningham Hinchey Mollohan Ross Thune Ros-Lehtinen Spratt Waxman Akin Davis (CA) Hinojosa Moore Rothman Thurman Ross Stark Weiner Allen Davis (FL) Hobson Moran (KS) Roybal-Allard Tiahrt Rothman Stearns Weldon (FL) Andrews Davis, Jo Ann Hoeffel Moran (VA) Royce Tiberi Roybal-Allard Stenholm Weldon (PA) Armey Davis, Tom Hoekstra Morella Rush Tierney Royce Strickland Weller Baca Deal Holden Murtha Ryan (WI) Toomey Rush Stump Wexler Bachus DeFazio Honda Myrick Ryun (KS) Traficant Ryan (WI) Stupak Whitfield Baird DeGette Hooley Nadler Sabo Turner Ryun (KS) Sununu Wicker Baker Delahunt Horn Napolitano Sanchez Udall (CO) Sabo Sweeney Wilson Baldacci DeLauro Hostettler Neal Sanders Udall (NM) Sanchez Tancredo Wolf Baldwin DeLay Houghton Nethercutt Sandlin Upton Sanders Tanner Woolsey Ballenger DeMint Hoyer Ney Sawyer Velazquez Sandlin Tauscher Wu Barcia Deutsch Hulshof Northup Scarborough Visclosky Sawyer Tauzin Wynn Barr Diaz-Balart Hunter Norwood Schaffer Vitter Scarborough Taylor (MS) Young (AK) Barrett Dicks Hutchinson Nussle Schakowsky Walden Schakowsky Taylor (NC) Young (FL) Bartlett Dingell Hyde Oberstar Schiff Walsh Schiff Terry Bass Doggett Inslee Obey Schrock Wamp Schrock Thomas Bentsen Dooley Isakson Olver Scott Waters Bereuter Doolittle Israel Ortiz Sensenbrenner Watkins NAYS—3 Berkley Doyle Issa Osborne Serrano Watt (NC) Flake Paul Schaffer Berman Dreier Istook Ose Sessions Watts (OK) Berry Duncan Jackson (IL) Otter Shadegg Waxman NOT VOTING—22 Biggert Dunn Jackson-Lee Owens Shaw Weiner Bilirakis Ehlers (TX) Ackerman Frelinghuysen Miller, George Oxley Shays Weldon (FL) Bishop Ehrlich Jefferson Barton Holt Moakley Pallone Sherman Weldon (PA) Blagojevich Emerson Jenkins Becerra Hunter Roukema Pascrell Sherwood Weller Blumenauer Engel John Brown (FL) Jefferson Saxton Pastor Shimkus Wexler Blunt English Johnson (CT) Cannon Johnson, E. B. Smith (NJ) Paul Shows Whitfield Boehlert Eshoo Johnson (IL) Davis (IL) Keller Towns Payne Simmons Wicker Boehner Etheridge Johnson, Sam Edwards Lee Pelosi Simpson Wilson Bonilla Evans Jones (NC) Ferguson Meek (FL) Pence Sisisky Wolf Bonior Everett Jones (OH) Peterson (MN) Skeen Woolsey b 1211 Bono Farr Kanjorski Peterson (PA) Skelton Wu Borski Fattah Kaptur Petri Slaughter Wynn Mr. JONES of North Carolina Boswell Filner Kelly Phelps Smith (MI) Young (AK) changed his vote from ‘‘nay’’ to ‘‘yea’’. Boucher Flake Kennedy (MN) Pickering Smith (TX) Young (FL) So (two-thirds having voted in favor Boyd Fletcher Kennedy (RI) Pitts Smith (WA) Brady (PA) Foley Kerns Platts Snyder thereof) the rules were suspended and Brady (TX) Ford Kildee the bill, as amended, was passed. Brown (OH) Fossella Kilpatrick NOT VOTING—19 The result of the vote was announced Brown (SC) Frank Kind (WI) Ackerman Ferguson Moakley Bryant Frost King (NY) as above recorded. Barton Frelinghuysen Roukema Burr Gallegly Kingston Becerra Holt Saxton The title of the bill was amended so Burton Ganske Kirk Brown (FL) Johnson, E. B. Smith (NJ) as to read: Buyer Gekas Kleczka Cannon Keller Towns Callahan Gephardt Knollenberg ‘‘A bill to direct the Secretary of Com- Davis (IL) Meek (FL) Calvert Gibbons Kolbe Edwards Miller, George merce to provide for the establishment of a Camp Gilchrest Kucinich toll-free telephone number to assist con- Cantor Gillmor LaFalce b 1221 sumers in determining whether products are Capito Gilman LaHood American-made.’’. Capps Gonzalez Lampson So (two-thirds having voted in favor Capuano Goode Langevin thereof) the rules were suspended and A motion to reconsider was laid on Cardin Goodlatte Lantos the table. Carson (IN) Gordon Largent the bill was passed. Carson (OK) Goss Larsen (WA) The result of the vote was announced f Castle Graham Larson (CT) as above recorded. ANNOUNCEMENT BY THE SPEAKER Chabot Granger Latham A motion to reconsider was laid on Chambliss Graves LaTourette PRO TEMPORE Clay Green (TX) Leach the table. The SPEAKER pro tempore (Mr. Clayton Green (WI) Lee f Clement Greenwood Levin SIMPSON). Pursuant to clause 8 of rule Clyburn Grucci Lewis (CA) APPOINTMENT OF MEMBER TO XX, the Chair will reduce to 5 minutes Coble Gutierrez Lewis (GA) THE PERMANENT SELECT COM- the minimum time for electronic vot- Collins Gutknecht Lewis (KY) Combest Hall (OH) Linder MITTEE ON INTELLIGENCE ing on the additional motion to sus- Condit Hall (TX) Lipinski pend the rules on which the Chair has Conyers Hansen LoBiondo The SPEAKER pro tempore (Mr. postponed further proceedings. Cooksey Harman Lofgren SIMPSON). Without objection, and pur- Costello Hart Lowey f suant to clause 11 of rule X and clause Cox Hastings (FL) Lucas (KY) 11 of rule I, the Chair announces the MAKING TECHNICAL AMENDMENTS Coyne Hastings (WA) Lucas (OK) Cramer Hayes Luther Speaker’s appointment of the following TO SECTION 10 OF TITLE 9, Crane Hayworth Maloney (CT) Member of the House to the Permanent UNITED STATES CODE Crenshaw Hefley Maloney (NY) Select Committee on Intelligence: Crowley Herger Manzullo The SPEAKER pro tempore. The Cubin Hill Markey Mr. BOSWELL of Iowa. pending business is the question of sus- Culberson Hilleary Mascara There was no objection.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.016 pfrm02 PsN: H14PT1 H904 CONGRESSIONAL RECORD — HOUSE March 14, 2001 APPOINTMENT OF MEMBER TO relief effort of the President. First and We can do so many things, including a THE JAPAN-UNITED STATES foremost, giving everyone a raise is im- prescription drug policy, but we also FRIENDSHIP COMMISSION portant because it allows taxpayers to have to recognize that every priority a The SPEAKER pro tempore. Without keep more money in their pockets, sup- Member of Congress assumes is so does objection, and pursuant to section 4(a) port their families better, and reduce not need to be that of every American. Mr. Speaker, let us balance the objec- of Public Law 94–118 (22 U.S.C. 2903), the burden placed on them by govern- tive and rule with fairness and provide the Chair announces the Speaker’s ap- ment. relief, fiscal strength and security, and pointment of the following Member of Should Americans spend 40 percent of move this bill forward so that the the House to the Japan-United States their income in Federal, State and President of the United States can Friendship Commission: local taxes? That is a basic question. That is a fairness question and needs to have a chance to pass this very impor- Mr. MCDERMOTT of Washington. tant legislation. There was no objection. be answered by all parties. I think it is unfair that 40 percent of American’s in- f f come is paid in Federal, State and b 1230 SPECIAL ORDERS local taxes. Should families pay more in taxes COMBATING AIDS The SPEAKER pro tempore. Under than for food, clothing, and shelter The SPEAKER pro tempore (Mr. the Speaker’s announced policy of Jan- combined? That makes no sense what- SIMPSON). Under a previous order of the uary 3, 2001, and under a previous order soever. Wasteful Washington spending House, the gentlewoman from the Dis- of the House, the following Members is a dangerous road to travel in a weak- trict of Columbia (Ms. NORTON) is rec- will be recognized for 5 minutes each. er economy. We are concerned. We hear ognized for 5 minutes. f the notion of triggers that have been Ms. NORTON. Mr. Speaker, recently The SPEAKER pro tempore. Under a advocated by some, and we suggest if drug companies announced that they previous order of the House, the gen- you use a trigger on anything, use it on would sell anti-AIDS drugs in southern tleman from Kansas (Mr. MORAN) is spending as well, to make sure that Africa at a considerable discount. This recognized for 5 minutes. budget surpluses do not continue and would still entail hundreds of dollars (Mr. MORAN of Kansas addressed the we do not spend our way back into the per person. The recent experience of House. His remarks will appear here- days of a $5.7 trillion accumulated debt Bristol-Myers Squibb gives me caution. after in the Extensions of Remarks.) which we witnessed when we came to A $100 million, 5-year initiative that Congress in 1994 and quickly reversed. was meant to donate money for AIDS f We should let the American people drugs in Africa has boiled down to al- The SPEAKER pro tempore. Under a spend their own money to meet their most nothing. The reasons are not en- previous order of the House, the gen- own needs. There are too many people tirely clear. Although this was to be a tleman from North Dakota (Mr. POM- in this Chamber and too many people charitable gift, the money has come EROY) is recognized for 5 minutes. in this Capitol who believe that the down to $1.3 million per year to five (Mr. POMEROY addressed the House. money sent to us is Washington’s participating countries. His remarks will appear hereafter in money not the people’s money. People I recall that when Prime Minister the Extensions of Remarks.) every day go to work and work very Mbeki of South Africa was here for a f hard to make a living for themselves visit last year, we all wondered why and their families only to see so much Mbeki was embroiled in a torturous no- BRING FINANCIAL SECURITY AND money taken out in the form of tax- tion about the cause of AIDS. I wish he STABILITY TO TAXPAYERS ation: Income tax, estate tax, excise had been more forthright about what The SPEAKER pro tempore. Under a taxes, property taxes, you name the his real problem was, and when he met previous order of the House, the gen- litany of taxes, whether it is on your with the Congressional Black Caucus I tleman from Florida (Mr. FOLEY) is cable bill, TV bill or other charges such believe I was able to extract from him recognized for 5 minutes. as gasoline taxes. what his real problem was. South Afri- Mr. FOLEY. Mr. Speaker, I am de- What will happen if we pass our tax ca offers free medical care, and on lighted to be here today to try and relief bill. We believe more jobs, more cross-examination it became clear that urge my colleagues here in this Cham- take-home pay, a stronger economy. It if South Africa were to even use the ber and the one across the hall on the will save the average family of four rather inexpensive drugs to combat urgency of the tax package laid before earning $55,000 a year, certainly not mother-to-infant transmission it would us, passed by this House, supported ob- rich, approximately $1,930. To some use up its entire medical budget. viously by the President who is in New that may be small, but to the family We must not forget that with the Jersey today trying to urge the Sen- earning $55,000, that is a watershed of great importance we attach to drugs ators from that particular State to be new moneys to help save for college or and especially the agreement of some supportive. pay for prescription drugs. of these companies to offer drugs at Obviously as you watch Wall Street At least 60 million women income- discount rates in southern Africa, that and look at the Dow Jones Industrial tax payers will save money with our in developing countries nothing can re- Average and you look at the Nasdaq plan. More than 60 million African place prevention. In this country, Med- and all of the economic indicators, and American income-tax payers will save icaid is overwhelmed with the costs of also the job losses occurring through- money with our plan. More than 50 mil- AIDS, but it is an entitlement, so peo- out the country, it becomes more clear lion Hispanic income-tax payers will ple are going to get it. In developing and apparent of the urgency of the Eco- save money on our plan. This means countries, where there is TB and ma- nomic Growth and Tax Relief Act more money for college, a second car, laria and hundreds of other diseases, to passed by our body. or even a much-needed vacation. superimpose our notion of how to com- We have been certainly applauded So let us not have the constant poli- bat the disease is not going to work. I and ridiculed by some Members for the tics-over-people argument that seems hate to consider it, but it is true. It speed we brought that bill to the Com- to resonate in our capital city. Let us seems to me that it is time to face the mittee on Ways and Means and then put people before politics and pass a importance of continuing to stress pre- ushered it to its passage on the floor. I bill that will help us bring financial se- vention as the most important strat- will add that we lost not one Repub- curity and stability to our taxpayers. egy not only in this country but espe- lican in the Tax Relief Act, and in fact Let us return their hard-earned money cially in developing countries. gained 10 Democrats and one Inde- to them so they can spend it in their Developing countries are being set pendent. community, on their families and on back decades because of the AIDS cri- Now it is obviously a major, impor- their priorities. Let us not make our sis. To the great credit of some of the tant issue for us to have the Senators priorities forced upon them. We can companies and others around the consider the important ramifications balance Social Security and secure it world, we want drugs to be made avail- of not adopting this very important tax for the future. We can save Medicare. able to developing countries as well. It

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.049 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H905 will be important to prioritize which Buddhism established itself over the ELECTION REFORM drugs to which people. Mother-to-chil- centuries in China, Korea, Japan, The SPEAKER pro tempore. Under a dren drugs that are especially effective Tibet, Nepal, Bhutan and Mongolia. previous order of the House, the gen- in keeping children from getting AIDS In the early centuries of the Chris- tleman from Rhode Island (Mr. at all would be very, very important. tian era, a new art form emerged, the LANGEVIN) is recognized for 5 minutes. But, beyond that, we have got to tailor art of Gandhara, the ancient name for Mr. LANGEVIN. Mr. Speaker, I am strategies for combating AIDS to the part of Afghanistan. During this pe- pleased to be here today to talk on a environment in which those strategies riod, the earliest Buddhist images in special order on election reform. are expected to work. human form evolved in this Kushan/ Today I am proud to introduce my In Africa, we greet the decision of the Saka area. first piece of legislation in the United drug companies to offer drugs at dis- The caravans on the silk route often States House of Representatives, a res- count rates. At the same time, we must stopped in the Bamiyan Valley. It was olution calling on Congress to take remind ourselves that most of our ef- one of the major Buddhist centers from swift and meaningful action on elec- fort must go into preventing AIDS, the second century up to the time that tion reform so we can implement sig- which has already become a catas- Islam entered the Valley in the ninth nificant improvements before 2002. I trophe of epidemic proportions in century. am committed to making election re- southern Africa. form a top priority and ensuring that There these two giant Buddhas, one f America’s faith in democracy is not di- of them the largest standing image of minished by pervasive problems in our CONDEMNING DESTRUCTION OF Buddha in the world, more than 120 voting system. We must enter the next BUDDHAS IN AFGHANISTAN feet high, stood, until this week. These Federal election cycle with full con- The SPEAKER pro tempore. Under a symbols of their ancient faith were cut fidence in our Nation’s voting tech- previous order of the House, the gen- out of the rock sometime between the nology. That is why I urge my col- tleman from Pennsylvania (Mr. third and fifth centuries A.D. The leagues on both side of the aisle to ENGLISH) is recognized for 5 minutes. smaller statue of Buddha was carved work together to ensure that in 2002 Mr. ENGLISH. Mr. Speaker, all too during Kanishka the Great’s reign. It each and every vote counts. often we in Washington are insulated was estimated that two centuries later Exactly 1 month ago, I addressed this from major events that are going on the large Buddha statue was carved. House on this very same issue. At that around the world, events that directly I have to tell you, it is striking to me time I spoke of my work as Rhode Is- or indirectly impact us. But there are as an archaeology buff that both of land’s Secretary of State in modern- few events more grotesque than some- these statues were dressed in togas of izing our State’s antiquated voting thing that happened just over the last the Greek style imported into India by equipment. During my tenure, Rhode couple of weeks in Afghanistan, an act the soldiers of Alexander the Great Island upgraded its voting machines of barbarism, an act of mindless icono- when he invaded the region between 334 from the worst in the Nation to among clasm by a regime noted for its intoler- and 327 B.C. the best. We improved our technology, ance of all values that do not precisely The features of these statues of Bud- we improved accessibility, we improved conform to their own. Here I am refer- dha had disappeared. During the cen- accuracy in our elections and achieved ring to the decision of the Taliban out- turies, undoubtedly, there had been a significant increase in voter partici- law government in Afghanistan to earlier bouts of iconoclasm. The idea pation. Furthermore, all of these re- sanction and encourage the destruction behind the destruction was to take forms were cost effective. of two standing Buddhas of enormous away the soul of the hated image by Models exist for accurate and cost-ef- importance to world culture. obliterating, or at least deforming, the fective election reform that States can The Bamiyan standing Buddha stat- head and hands. replicate to assure true democracy. In ues in Afghanistan up until this point The intolerance of the Taliban in fact, my former staff has been working have been one of the greatest wonders leading to this destruction needs to with election officials in Florida and of the world and one of the marvels of have a strong international response. New York as well as researchers at that region and one of the remaining The Taliban has clearly failed to recog- MIT to discuss how they can emulate gifts that the cultures of that part of nize the value of any art that does not our success. central Asia had given the entire conform precisely to their religious Many of our Nation’s election admin- world. They were a magnificent exam- purposes. The Taliban are only the istrators right now are working tire- ple of human artistry and skill. temporary holders. Their government lessly to improve their voting systems, Mr. Speaker, those statues had rep- is only a custodian of this area. We and I applaud their efforts to ensure resented a common heritage of all cannot tolerate their willful destruc- that no voter is disenfranchised and mankind. The Bamiyan Buddhas had tion of international treasures that are that all ballots are counted accurately. survived hostile onslaughts over the really holdings of the entire world. We However, I know from personal experi- centuries, but they did not survive de- cannot allow them to get away with ence that upgrading an entire State’s struction at the hands of religious zeal- this action. election system is no small feat. It re- ots and heretics. quires a great deal of planning, invest- Afghanistan is a country with a very The action of the Taliban regime rep- ment of time and resources, and the co- rich and enormously complicated his- resents the worst case of vandalism in ordination of efforts with different lev- tory. Because of its mountainous ter- recent history of our ancient past. els of government. rain, it was often on the border of dif- Today, more and more people are Fortunately, 21 Members of this ferent empires that washed across the awakening to their heritage and the House have introduced legislation to history of the world. It was briefly a importance of preserving these sorts of help improve our Nation’s overall vot- Greek region under Alexander the relics. We have in Christian countries ing system. The sponsors of these bills Great, and it was also a Buddhist re- many examples of Islamic art that are hold a variety of ideological views. gion in the third century B.C., Bud- protected, like the Alhambra in Spain. However, we all share one common dhism having been launched there by We know that in Egypt, now an Islamic goal, to ensure that our Nation’s elec- the Emperor Ashoka of the Mauryan country, there are relics, there are tion system does not undermine citi- empire. statues, there are temples that are of zens’ confidence in the democratic At that time, Afghanistan lay at the enormous significance to the culture of process and that every vote counts. heart of the silk route, which was a the world. For this reason, Mr. Speaker, I am source of trade that moved from east We need in Congress to send a clear introducing this sense of the Congress to west. message to the Taliban that this is un- resolution encouraging Congress to Accompanying the caravans of pre- acceptable, and we need to bring to- make this vision a reality by the 2002 cious goods, Buddhist monks came and gether all of the nations of the world to election. Though we may disagree went, teaching their religion along the express our outrage and take firm ac- about some of the details, my col- route. From this very part of the world tion against this cultural imperialism. leagues and I are willing to put aside

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.053 pfrm02 PsN: H14PT1 H906 CONGRESSIONAL RECORD — HOUSE March 14, 2001 our differences and work for the better- as I think we all do in this Chamber, As elected officials here in Congress, ment of our Nation. We must act now that education must be a local respon- I believe it is our obligation to ensure to ensure that the United States has an sibility, that there is a strong State in- that funding for programs assisting accurate and open election system, we terest, but it should be a national pri- students with special needs meets the must act now to ensure that our elder- ority. needs of the schools struggling to be ly and disabled voters can cast their That is why I am hopeful that as we fair and inclusive for these students in votes independently, and we must act are beginning work on the Committee the school system. In fact, it is one of now to ensure that every one of our Na- on Education and the Workforce in this the fastest growing areas of virtually tion’s military voters counts. session of Congress, especially trying every school district budget through- We can attain all of these goals, but to reauthorize the elementary and sec- out the country, and will continue to we must begin our efforts immediately ondary education bill, that there can be so. Special education services will to reach them by 2002. One person, one be a lot of ground for bipartisan agree- require a greater responsibility for us vote is the fundamental principle upon ment, providing needed resources back here in Washington and to live up to which American democracy stands. to the local school districts with flexi- the commitment and the promises that Please join me in cosponsoring this res- bility on how best to use those re- we have made in the past. First, with olution and in learning about the var- sources, but along with some account- the passage of the Education for All ious voting technologies at the secre- ability, so we see the desired results in Handicapped Children Act of 1975, and student achievement in the classroom. taries of state demonstration I am then with the act which was renamed However, one area of education pol- sponsoring next week which will give icy that previous Congresses have woe- the Individuals With Disabilities Act us an up-close look at the various fully fell short on has been our respon- back in 1990. Now, recently, 40 of my new Demo- types of voting technology available sibility to fully fund our share, our ob- cratic colleagues here in Congress and in taking an open-minded, bipar- ligation, to special education needs wrote to President Bush calling for the tisan approach to resolving this na- throughout the country. In the last administration to commit greater re- tional problem. Nothing can be more couple of sessions of Congress, there important to Congress than guaran- was a recognition that we were under- sources to the IDEA mission. We are teeing every American free and fair ac- funding the IDEA, Individuals With striving to see that that 40 percent cess to our democratic process. Disabilities Education Act, and we Federal responsibility in special edu- f were not living up to the promises that cation funding as required by law is, in fact, honored. We believe it is a matter b 1245 we made to so many children across the country. In the last session of Con- of budgetary priorities, and we hope The SPEAKER pro tempore (Mr. gress, we, in fact, increased the appro- that the administration, when they fi- SIMPSON). Under a previous order of the priation level by 27 percent for special nally submit a detailed budget plan, House, the gentlewoman from Cali- education needs. But nevertheless, we will show that commitment to IDEA fornia (Ms. WOOLSEY) is recognized for have a responsibility to fund that at 40 funding. But, at the very least, we hope 5 minutes. percent of the per pupil expenditure it will show the continued commitment (Ms. WOOLSEY addressed the House. throughout the country. Even with that we have established now over the Her remarks will appear hereafter in that 27 percent increase last year, we last couple of years in Congress for in- the Extensions of Remarks.) are still only funding our share at creasing Federal appropriations so we f slightly less than 15 percent of the 40 can finally achieve full funding at 40 The SPEAKER pro tempore. Under a percent that we should be doing for percent. previous order of the House, the gen- local school districts. We also advocate increasing the Fed- eral appropriations for part D of IDEA, tleman from Illinois (Mr. DAVIS) is rec- This is the number one issue I hear ognized for 5 minutes. about back home from teachers and ad- which is used to provide professional (Mr. DAVIS of Illinois addressed the ministrators and parents, that if we development opportunities to special House. His remarks will appear here- can do one thing right in this session of education instructors and staff. Again, after in the Extensions of Remarks.) Congress, that is to live up to our re- it is a constant refrain that we hear sponsibility and fully fund IDEA. But from the school officials back in our f the fact that we are not funding it at school districts. The SPEAKER pro tempore. Under a the appropriate level has a dramatic It is imperative, however, that we do previous order of the House, the gen- impact on countless students across not embrace full funding of IDEA in ex- tleman from California (Mr. SCHIFF) is the country. change for reduced Federal funding for recognized for 5 minutes. Just some quick numbers. Roughly other ESEA-related programs. In this (Mr. SCHIFF addressed the House. 6.4 million disabled children in Amer- era of unprecedented budget surpluses, His remarks will appear hereafter in ica receive special education services. we have a unique opportunity to pro- the Extensions of Remarks.) There are 116,000 of these students in vide effective government support that f my home State of Wisconsin alone is most sought after by American fami- FOCUS ON SPECIAL EDUCATION identified as needing special education lies and we should not squander this FUNDING services. By 2010, it is expected that opportunity by shortchanging any of there will be an additional half a mil- our children’s educational potential. The SPEAKER pro tempore. Under a lion students served by special edu- f previous order of the House, the gen- cation nationwide. tleman from Wisconsin (Mr. KIND) is With the advancement of medical FULL FUNDING FOR IDEA recognized for 5 minutes. technology and medical breakthroughs, The SPEAKER pro tempore. Under a Mr. KIND. Mr. Speaker, as a member school funding is on a collision course previous order of the House, the gentle- of the Committee on Education and the with modern medicine. Children who woman from Oregon (Ms. HOOLEY of Or- Workforce, I was delighted to see in normally would not have survived to egon) is recognized for 5 minutes. last year’s campaign all the attention school age are now entering the public Ms. HOOLEY of Oregon. Mr. Speaker, that candidates, whether it was for school system, increasing the responsi- I rise today to speak briefly about an Congressional or Senate offices, but es- bility of providing a quality education issue that has become very near and pecially at the Presidential level, de- for these kids, along with the incum- dear to my heart. I spent the last sev- vote so much time and attention and bent expense that comes along with it. eral months speaking to superintend- substance to education policy. In fact, I believe that this is more than just an ents, teachers, parents, and community this is a reflection of the concerns that education issue, it is a civil rights leaders across my district, and one of the American people have genuinely, issue, that we make good by these stu- the issues they say is the most impor- certainly the constituents who I rep- dents who, through particular needs, tant to them is full funding. When I resent in western Wisconsin. I am con- require more attention and more re- talk about full funding, this is for the tinuously reminded by them of the im- sources to meet their educational po- Individuals With Disabilities Edu- portance of education. They recognize, tential. cation Act, full funding which, in this

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.055 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H907 case, means going up to 40 percent of The SPEAKER pro tempore. Under a expedite the process in allowing for- the excess cost. previous order of the House, the gen- eign-born immigrants to see their fam- Mr. Speaker, we began this discus- tleman from California (Mr. HONDA) is ily for a short period of time before sion 26 years ago when we agreed with recognized for 5 minutes. they are eligible for the V visa. My leg- States and local education agencies (Mr. HONDA addressed the House. islation would not nullify the V visa, that we should provide a free and ap- His remarks will appear hereafter in but rather provide for temporary visas propriate education to every child who the Extensions of Remarks.) in the interim. has a disability. We knew this was f Mr. Speaker, I am hoping that this going to require a large investment, proposal will receive strong support REINTRODUCTION OF SPOUSAL not only by the States and local school from Members of Congress, particu- REUNIFICATION ACT districts, but by the Federal Govern- larly members of our Caucus on India ment as well. The Federal Government The SPEAKER pro tempore. Under a and Indian-Americans, and other Mem- made a promise. They said, we are previous order of the House, the gen- bers who agree with the need to ad- going to pay up to 40 percent of the ex- tleman from New Jersey (Mr. PALLONE) dress this inequity. The issue of spous- cess costs for every student. However, is recognized for 5 minutes. al and child reunification has been we have not done that. In fact, this Mr. PALLONE. Mr. Speaker, I rise identified as one of the top domestic year we are doing the most we have today to ask that my colleagues join priorities of the Asian-Indian commu- ever done, and we are up to less than 15 me in supporting legislation that I re- nity in the United States. With the percent. introduced today that would permit India caucus members working to- I participated in a lot of conversa- the admission into the United States of gether, enactment of this bill would be tions regarding full funding of IDEA in nonimmigrant visitors who are the the past couple of months with my col- an opportunity for the caucus to make spouses and children of permanent resi- its presence felt in another substantive leagues, committee staff and leader- dent aliens residing and working in ship. Full funding is a large invest- way. Furthermore, this proposal has this country. already received significant support ment, I understand that, and it raises This legislation is intended to fill a some concerns. One of the concerns I from some of America’s major corpora- void in our current immigration policy tions, particularly in the information have heard is that if we increase the that has resulted in permanent resi- amount of money going to the States and communications sectors, who rec- dent aliens, people who have come into ognize the importance of allowing their to educate children with disabilities, this country legally and who are gain- that the school districts will over-iden- valued employees to have greater con- fully employed, being separated from tact with their families. tify these children to get more money. their spouses and children often for pe- Well, I want to tell my colleagues that The bill is, by its very nature, an in- riods of several years. This bill would terim measure in order to allay some that is simply not true. Let us talk simply make it easier for family mem- about the real situation that is hap- of the misunderstandings that may bers to come to the United States on a arise. It should be pointed out that the pening in our schools. temporary basis with provisions to pe- Again, the Federal Government right legislation will not result in an in- nalize those who overstay their visas. now is giving a little over one-third of crease in the number of immigrants ad- Its goal is to alleviate the human hard- the money that they promised 26 years mitted annually. It will not have an ship of prolonged family separation. ago; and as a result of this under- impact on the labor market, and it will Mr. Speaker, the legislation would funding, what has happened is schools not have any adverse effects on any eliminate the implication that the ex- have had to pull money out of other government social programs since the istence of a petition for permanent res- programs to make up for it. They have spouses would not be entitled to these idence implies that an applicant will had to pull money out of textbooks and benefits. It is a very modest proposal not return to his or her home nation after-school programs and additional intended only to bring some relief to and would remain in the United States teachers. As a consequence, what we families separated by unfortunate ad- are seeing is an under-identification of after the expiration of a temporary ministrative delays. visa. This equitable solution simply children with disabilities. School dis- f tricts hesitate to label a child with grants to immigrant family members SUPPORTING FULL FUNDING FOR learning disabilities or behavioral the same opportunity to visit the SPECIAL EDUCATION problems or mental disorders because United States as all others desiring to they cannot afford to provide them the come here as visitors or students. The The SPEAKER pro tempore. Under a services they need. Fully funding IDEA legislation anticipates the possibility previous order of the House, the gen- will not result in a mass frenzy of that some may violate the terms of tleman from Maine (Mr. ALLEN) is rec- school districts to label as many chil- their visas by overstaying the period ognized for 5 minutes. dren as they can with disabilities. In for which the visa provides. It penalizes Mr. ALLEN. Mr. Speaker, I rise here fact, just the opposite will happen. If spouses or children of permanent resi- today to support full funding of special we can get young children the services dents who overstay their visas by al- education, not next year, not the year they need early on, we may prevent a lowing the Secretary of State to delay after, not 10 years from now, but this need for more drastic intervention their permanent visa petitions for one year. I want to begin with a few com- later on. year if visa durations are violated. ments that should be obvious. Mr. Speaker, I have introduced bipar- Mr. Speaker, as my colleagues may First, the Individuals With Disabil- tisan legislation with the gentlewoman remember, last year in the Omnibus ities Education Act of 1975 authorized from Connecticut (Mrs. JOHNSON) and Appropriations bill, Congress took a Congress to cover 40 percent of the cost many of my colleagues here today. Our step in alleviating this hardship. The of special education in order to provide bill would authorize funding to bring Omnibus bill created a new V non- students with disabilities a free and ap- the Federal Government’s share of edu- immigrant visa category. This new visa propriate education. cating children with disabilities up to would be available to spouses and b 1300 the 40 percent mark by 2006, so we are minor children of legal permanent resi- trying to do it over a period of time. It dents who have been waiting 3 years or That was in 1975. It has been a long is expensive. This increase will cost more for an immigrant visa. The re- time, but we have not come close to about $3 billion a year. It is a large in- cipients of this temporary visa would fully funding special education. vestment, but we must remember, if we be protected from deportation and The points I want to make at the be- do not pay our fair share of the cost, granted work authorization until im- ginning are these: our share does not just go away; some- migration visa or adjustment of status First, the mandate to provide a free one else is covering for us. processing is completed. and appropriate education to students Mr. Speaker, it is time we kept the However, while this new program has with disabilities was a Federal man- promise that we made to our children good intentions, Mr. Speaker, 3 years is date. It was passed by this Congress, 26 years ago and invest in the edu- still too long to be apart from one’s and it required the States and local cation of every child. loved ones. My bill would immediately school districts to spend more than

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.060 pfrm02 PsN: H14PT1 H908 CONGRESSIONAL RECORD — HOUSE March 14, 2001 they had on students with disabilities. Congress, by the Federal government, regard to women and the implications It was a Federal mandate that has in 1975, we have never, we have never of those diseases and diagnoses and never been matched by appropriate lived up to our responsibilities. treatments. Federal funding. The other two items that I hear a But I thought that I would devote my Second, the funds that pass through great deal about from people in Maine time now to speak about a silent epi- our special education program are not who care about education have to do demic which is not often spoken about, spent in Washington, D.C. They are with how we are going to find teachers, a kind of silent genocide, if you will, spent in local school districts in local how we are going to find, hire, and re- the death and dying that no one is real- schools for teachers, for supplies, for tain teachers to teach these children ly addressing: those that occur to all those things that help strengthen and how we are going to renovate and women and children who carry the HIV our local education programs. build new schools when we need to do virus and represent the growing face of Third, this year the money is avail- that. But, always, special ed is at the the AIDS epidemic. able. No one can say that we cannot top of the list. We are at a crossroads in the history find the money to fully fund special I urge my colleagues on both sides of of the AIDS epidemic. Thanks to dra- education this year because the size of the aisle to take this historic oppor- matic new treatments and improve- the surpluses that are in front of us tunity that may not come again to ments in care, the number of AIDS-re- make it clear that if we do not fully fully fund special education, not next lated deaths has begun to decline. How- fund special education it will only be year, not 10 years from now, but this ever, while we have made great strides, because there are other priorities. year. We can do that with $11 billion; the crisis has not yet abated. Contin- Now, when I listen to some of the and $11 billion as compared to the $1.6 ued research is needed to provide bet- rhetoric from my Republican friends on trillion tax cut, that is no comparison ter, cheaper treatments and eventually the other side of the aisle, I sometimes at all. a vaccine or a cure. wonder, for this reason. We learned in There is no reason why we cannot Remarkable medical advances have school that the thighbone is connected fully fund special education this year. I done nothing to stem the rise in new to the hipbone, and we learned as urge my colleagues to do just that. infections among adolescents, women, adults that expenditures are connected f and minority communities. In fact, the to revenues. What we have coming into well-publicized success of new drug our family, our business, our govern- WOMEN’S HISTORY MONTH; AND therapies has encouraged some to be- ment is matched, is related to, what THE HIV/AIDS VIRUS AS IT AF- lieve that the epidemic has peaked, our family, our business or our govern- FECTS WOMEN AND CHILDREN making it harder than ever to reinforce ment spends. The SPEAKER pro tempore (Mr. the need for prevention among those But we hear our friends say that it is GILCHREST). Under a previous order of who are most at risk. not the government’s money, it is our the House, the gentlewoman from As a result, HIV/AIDS remains a money. They say things like, we do not Maryland (Mrs. MORELLA) is recognized major killer of young people and the want money spent in Washington. Well, for 5 minutes. leading cause of death for African special education funds are spent in Mrs. MORELLA. Mr. Speaker, I am Americans and Hispanics between the local school districts. Our education very pleased to be here this afternoon ages of 25 and 44. Across this country systems belong to all of us. It is our for this important special order to cel- and around the world, AIDS is rapidly education system, just as it is our na- ebrate Women’s History Month. I know becoming a woman’s epidemic. Women tional debt, our air traffic control sys- my colleague, the gentlewoman from constitute the fastest-growing group of tem, our Medicare, our Social Secu- Illinois (Mrs. BIGGERT), will be con- those newly infected with HIV in the rity. These are the things that we own tinuing with this special order. United States. Worldwide, almost half and we cherish in common. I would like to point out that, as we of the 14,000 adults infected daily with When I have been traveling around approach a new century, there is no HIV, for example, in 1998, were women, my district back in Maine holding doubt that women have made great of whom nine out of the 10 live in de- meetings. The number one priority of strides in business, the professions and veloping countries. educators in Maine, of people who care trades and as leaders in government. In Africa, teenage girls have infec- about improving our public schools, is Society is the richer for it. tion rates five to six times that of full funding of special education: Get Although women have made enor- teenage boys, both because they are Federal funding up to that 40 percent mous strides, discrimination in the more biologically vulnerable to infec- level. Where is it right now? It is 14.9 workplace still exists. So does dis- tion and because older men often take percent, the highest level it has ever crimination in health research and in advantage of young women’s social and been since 1975. It is today at 14.9 per- the delivery of health care or the lack economic powerlessness. cent. That is after 3 successive years of thereof, steadfastly remaining our Statistics of the economic, social and billion-dollar increases. problem, ‘‘a woman’s problem.’’ We personal devastation of HIV and AIDS We have done more in the last 3 years have to continue to improve the lives in subSaharan Africa are staggering. for special education than ever before. of women and children, which ulti- Now 22.3 million of the 33.6 million peo- But today, if the tax cut that the mately will benefit everyone. ple with AIDS worldwide reside in Afri- President has proposed goes through, Mr. Speaker, we are going to hear ca, and 3.8 million of the 5.6 million we will not be able to fully fund special from my colleagues the history of new HIV infections occurred in Africa education. In all probability, if the pro- women’s health, and I do want to say in 1999. By the year 2010, 40 million jections hold, we will not be able to that women are not little men. I am children will be orphaned by HIV and fund it this year or next year or any pleased, with my colleagues many AIDS. Children are being infected with time in the next decade. years ago, we celebrated the 10th anni- HIV and AIDS, many through mater- So that is why we have a unique op- versary of the Office of Research on nal-fetal transmission. portunity today to fully fund special Women’s Health at the National Insti- Biologically and socially, women are education. If we do, it will help special tutes of Health. Prior to that time, more vulnerable to HIV and AIDS than education kids, it will help regular women were not included in clinical men. Many STDs and HIV are trans- kids, because it will free up funding for trials or protocols. mitted more easily from a man to a improvements in our regular education There was the famous aspirin test woman and are more likely to remain programs; and it will provide real relief with regard to cardiovascular disease. undetected in women, resulting in de- in the future for our property tax- It was done with about 44,000 male layed diagnosis and treatment and payers, who right now, certainly in my medical students. Yet the extrapo- even more severe complications. Yet, State of Maine and around the country, lation was that this is the way women more than 20 years into the AIDS crisis are really under a great deal of pres- would be affected by it. Well, there is and at a time when the incidence of sure to fund students that they are re- breast cancer, ovarian cancer, HIV and STDs is reaching epidemic quired to fund and should be funding, osteoporosis, lupus. We now are begin- proportions, the only public health ad- but because of a mandate passed by ning to concentrate on research with vice to women about preventing HIV

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.063 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H909 and other STDs is to be monogamous health through the life cycle: adoles- term care. I think long-term care has or to use condoms. cent, reproductive, middle-aged and long been called the sleeping giant of I have been working very hard and older women, since their needs are dif- all U.S. social problems. This issue af- we have had many results with regard ferent. fects all Americans but particularly to the development of microbicides to Last but not least, Mr. Speaker, we women for three reasons: Number 1 is help to prevent the spread of HIV and need to work to eliminate barriers to we live longer; number 2, we are the other STDs and have legislation to do health care services for underserved ones who take care of our aging rel- so. So much more needs to be done. women. atives; and, number 3, we are much I do hope that all of us in Congress Mr. Speaker, much work has been more likely to retire with little or no will look at what we can do to stop done in the last couple of decades con- pension savings. That makes us espe- that hemorrhage of HIV and AIDS, es- cerning research and education about cially vulnerable to the high costs of pecially in women and young people. women’s health, but there is much long-term care. f more to be done. When the President The Census Bureau estimates that spoke at the State of the Union, he there are currently 34 million Ameri- WOMEN’S HISTORY MONTH AND mentioned an increase in funding for cans aged 65 and older living in the WOMEN’S HEALTH ISSUES NIH. I was pleased to hear that, be- United States. By 2030, that number is The SPEAKER pro tempore. Under a cause I felt that we can have an in- expected to more than double to 70 mil- previous order of the House, the gentle- crease in funding for cervical cancer, lion, some 20 percent of the population. woman from California (Ms. breast cancer, lung cancer, heart dis- The fact that Americans are living MILLENDER-MCDONALD) is recognized ease and diabetes. So Mr. Speaker, I longer and living more healthy life- for 5 minutes. will be introducing a bill suggesting styles than at any time before should Ms. MILLENDER-MCDONALD. Mr. the increased funding for those areas. be celebrated. However, it does present Speaker, as we know, we proclaimed I would also call on the President to a challenging public policy problem. Women’s History Month last week; and provide the health insurance for those These numbers demonstrate the de- the topic last week was on education, over 10 million children who are with- mand for long-term home or institu- women and education. Today I rise to out health insurance and the women tional care is going to grow exponen- speak about women’s health issues as who are without health insurance. tially. Neither the public nor the pri- part of our Women’s History Month se- So, as we celebrate Women’s History vate sectors have adequately planned ries. Month, let us be mindful of the need to meet the overwhelming future de- Since the earliest days of the Nation, for increased funding for women’s mand for long-term care services. women have acted as the health gate- health. We must increase the public’s aware- keepers of their families. In recent f ness of the importance of preparing for years, however, it has become clear long-term needs, as well as encourage that women have significant health WOMEN’S HISTORY MONTH individuals to save for their future, to concerns of their own, such as breast The SPEAKER pro tempore. Under a invest in IRAs and mutual funds and to and cervical cancer, heart disease and previous order of the House, the gentle- purchase long-term care insurance osteoporosis. woman from Illinois (Mrs. BIGGERT) is policies. But women’s health issues are much recognized for 5 minutes. In addition, we must encourage em- more than individual diseases. It is a Mrs. BIGGERT. Mr. Speaker, as the ployers to provide long-term care cov- lifespan issue, beginning with the de- Republican co-chair of the Congres- erage as part of their employee benefit livery of high-quality prenatal care sional Women’s Caucus, I am very ex- plans. services to when a woman lives out of cited about what the 107th Congress This is why I plan to reintroduce leg- her final days, hopefully after a full, promises for women, particularly in islation that I introduced in the 106th productive and healthy life. the area of health care. There have Congress, the Live Long and Prosper Sadly, though, Mr. Speaker, the been great strides made in recent years Act, Long-term Care and Retirement health of the Nation’s women is se- in the area of women’s health care, and Enhancement to address this issue. verely jeopardized by preventable ill- I think that since the month of March There are several ways my bill ad- nesses, inadequate access to health is Women’s History Month, I would dresses the problem facing long-term care, poverty, domestic violence, like to thank my colleagues from the care. chronic disease and a host of other fac- Congressional Women’s Caucus who are First, my bill provides an above-the- tors. taking the time to come down here this line deduction, starting with 60 percent Currently, nearly 18 percent of non- afternoon out of their busy schedules in 2002 and rising to 100 percent in 2006, elderly women have no health insur- to discuss women’s health issues. for the cost of long-term care insur- ance. Even worse, more than 30 percent ance premiums paid during a given 1315 of Hispanic women and nearly 25 per- b year for the taxpayer, his or her spouse cent of African American women be- I think that a number of women will and dependents. tween the ages of 19 and 24 have no be discussing issues from eating dis- These provisions will make long- health insurance. orders, breast cancer, and long-term term care insurance more financially Cardiovascular disease is the number care; and these are issues that affect accessible, particularly for the young one cause of death among all women. all women, no matter their age, race, and those with lower incomes. Lung cancer is the number one cancer nationality or sexual orientation. I Second, my bill gives employers the killer of women, and its rate continues commend my colleagues for contin- option of providing long-term care in- to increase. Battering is the number ually taking the lead on these impor- surance coverage as part of a cafeteria one cause of injury to women today, tant issues and look forward to con- plan, in which employees are able to causing more injuries that require tinuing our work in the 107th Congress. choose from a variety of medical care medical treatment than car crashes Mr. Speaker, I would like to, I think, or other benefits, or flexible spending and mugging combined. look at one issue, but I cannot begin account, in which employees set aside In addition, one study found that 25 really without talking about that, for pretax dollars for copayments or to 45 percent of battered women experi- the first time in history, that the deductibles on insurance plans. ence physical violence while they are House Subcommittee on Health will be Third, my bill provides an additional pregnant. chaired by a women, the gentlewoman personal exemption to the estimated 7 Much shame, Mr. Speaker. So much from Connecticut (Mrs. JOHNSON), our million Americans who provide custo- work needs to be done to help alleviate friend and colleague. That is very fit- dial care to an elderly relative living in these startling statistics. There needs ting when the issues that affect women their home. The exemption was valued to be increased funding and more major have become so dramatic. at $2,750 in 1999 and should help to al- national projects for women’s health One of the issues that I would like to leviate some of the financial burdens research, services and education. There address in the area of women’s health involved with caring for a loved one at is also a need to be a focus on women’s care that I care deeply about is long- home.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.065 pfrm02 PsN: H14PT1 H910 CONGRESSIONAL RECORD — HOUSE March 14, 2001 These are just a few of the provisions science, standard practices or even women’s body. This is why further re- of the bill, and they represent a mar- basic logic. In fact, a health plan can search on women’s health is so critical. ket-based solution to an ever-growing make medical necessity decisions using Certain diseases and conditions are demand for long-term care services and this child’s toy called the Magic 8 Ball more prevalent among women than in financing. But the financial incentives and not have to disclose the rationale, men or affect women differently. Stud- alone will not be enough to address the and when you turn this around and it ies show that women are suffering from potential long-term care delivery and says what do they suggest you are heart disease, breast cancer and depres- financial crisis. going to do, this is no way to practice sion at alarming rates. And as women Mr. Speaker, I urge all of my col- medicine in our country. live longer they are more likely to suf- leagues to take a look at that bill and Mr. Speaker, unless Congress enacts fer from chronic conditions such as ar- to look at the women’s health issues meaningful patient protection legisla- thritis, diabetes and osteoporosis. that are involved therein. tion, the outlook will not be good for There are countless initiatives here f our patients. in Congress that seek to improve the H.R. 526, the Bipartisan Patient Pro- health of women. I want to touch on MANAGED CARE REFORM— tection Act will ensure that treatment just a few. MEDICAL NECESSITY decisions are based on good medical For example, President Bush’s recent The SPEAKER pro tempore (Mr. practice and take individual patient reinstatement of the Mexico City pol- GILCHREST). Under a previous order of circumstances into account. icy is, I believe, a huge step backwards the House, the gentleman from Texas This legislation will protect patients for millions of women around the (Mr. GREEN of Texas) is recognized for from arbitrary and capricious decisions world. 5 minutes. and will put health care decision-mak- The Mexico City language imposes a Mr. GREEN of Texas. Mr. Speaker, I ing back in the hands of the doctors gag rule on other countries who wish to would like to congratulate my col- and the patients. The patients should use their own reproductive resources leagues, the congressional women, for not have to be behind this eight ball for abortion and instead use the needed making this effort today for special or- when it comes to their health care, and assistance from the United States to ders for women’s health care. I would we should not have to depend on the assist with family planning. like to associate myself with their re- system that is patterned after this Family planning saves lives by help- marks, because everything they have Magic 8 Ball when it says do not count ing women plan their pregnancies for said on a bipartisan basis is so impor- on it for adequate health care treat- the healthiest and safest time. Of tant. ment. course, in so doing, it reduces the need Congress must act now to protect The reason I am here today, Mr. for abortions. them. Speaker, is that the third time I have As my colleague, the gentleman from talked about the importance of man- f Texas (Mr. GREEN), was just speaking aged care reform, real managed care WOMEN’S HEALTH ISSUES about, we need to pass the Patients’ reform, 3, 4 weeks ago I talked about The SPEAKER pro tempore. Under a Bill of Rights. This legislation would the independent review process, and previous order of the House, the gentle- guarantee that patients and doctors the accountability 2 weeks ago, and woman from California (Mrs. CAPPS) is control critical health care decisions, today I want to talk about medical ne- recognized for 5 minutes. not HMOs. This will improve health cessity. Mrs. CAPPS. Mr. Speaker, I want to care options for millions of American Every patient in America deserves to commend my colleagues, the cochairs women. have important medical decisions made of the Women’s Caucus in Congress, the We also need to provide prescription by his or her doctor, not by an HMO gentlewoman from Illinois (Mrs. drug coverage for Medicare recipients. bureaucrat. Unfortunately, managed BIGGERT) and the gentlewoman from The majority of seniors are women, care personnel, who often have no sub- California (Ms. MILLENDER-MCDONALD), and many of them cannot afford the stantial medical training, are deter- for organizing this time to speak on skyrocketing costs of multiple pre- mining what is medically necessary. women’s health issues. scriptions. This practice endangers patients, Mr. Speaker, I am pleased that many Proper treatment of depression and threatens the sanctity of the doctor- members of the Women’s Caucus are mental illness is another important patient relationship and undermines participating today on this important issue for women. Depression afflicts the foundation of our health care sys- topic. twice as many women as men. tem. As a nurse, I have made access to As many as 400,000 women each year Most managed care companies base health care one of my highest prior- suffer from postpartum depression treatment decisions on professional ities in Congress, and I think it is par- alone. We need to raise awareness standards of medical necessity. But we ticularly important to focus attention about postpartum depression in order often hear cases where HMO plans on women’s health. to lower the chances that women and write their own standards into their Last year, we had a number of vic- their families will suffer from this con- contracts, and these standards often tories for women’s health. The House dition. conflict with the patients’ needs. was able to pass the Breast and Cer- Parity for mental health is another The case of Jones v. Kodak clearly vical Cancer Treatment Act. This leg- important topic and an issue that af- demonstrates how a clever insurance islation will allow us to provide the fects women. It is time that health in- health plan can keep patients from get- necessary resources for low-income surance plans recognize mental illness ting the needed medical care. women to fight these deadly diseases. as just that, an illness. Mrs. Jones’ employer provided health We were also successful in reauthor- I am so pleased that courageous insurance coverage for in-patient sub- izing the Violence Against Women Act. women like Tipper Gore and the gen- stance abuse treatment. Unfortu- These are two major accomplish- tlewoman from Michigan (Ms. RIVERS), nately, the health plan determined ments, but we still have such a long our own colleague here in Congress, that she did not qualify for this treat- way to go. Until recently, women’s have worked hard to increase public ment. Even after an independent re- health resources were often con- awareness about mental illness and to viewer stated that the plan’s criteria centrated on women during their repro- work on destigmatizing depression. was too rigid and did not allow for tai- ductive years. However, with the aver- Another major concern for health loring of case management, Mrs. Jones age life expectancy of women now in concern for women is hypertension. It was still denied treatment. the United States approaching 80 is a major risk factor in cardiovascular To add insult to injury, the courts years, it is increasingly clear that we disease, and it is two to three times stated that the health plan did not need the resources to protect a wom- more common in women than in men. have to disclose its protocols or its ra- an’s health at every stage of develop- Mr. Speaker, I am now the cochair of tionale for making that decision. ment. the Congressional Heart and Stroke A health plan’s decision does not Each new life stage poses its own Coalition, and I am working closely have to be based on sound medical unique developmental demands upon a with American Heart Association to

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.066 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H911 raise awareness of and response to car- levels, and, for many, more exposure surers now cover them also. However, diovascular disease and stroke. for household cleaning reagents. all insurers must give enrollees access This spring here in the House of Rep- Over the past decade, evidence has to this life-saving benefit, similar to resentatives we will be conducting accumulated linking effects of the en- what has been done for mammography some hearings on the effect of women vironment on women and reproductive screening. and heart disease together. Increased health, cancer, injury, asthma, auto- Finally, I would like to mention that research on these and other women’s immune diseases such as rheumatoid Congress has asked the Centers for Dis- health issues can and will improve the arthritis and multiple sclerosis, birth ease Control to develop a nationwide quality and length of our lives. defects, Parkinson’s, mental retarda- tracking network so we can begin to Mr. Speaker, I, along with my col- tion and lead poisoning. Lead and other draw the critical link between disease leagues in the Women’s Caucus, are heavy metals found in the environment and environmental toxins, genetic sus- committed to raising awareness about have been implicated in increased bone ceptibility and life-style. The Women’s women’s health issues and to increase loss and osteoporosis in post-meno- Caucus followed up with a letter to the funding for women’s health research; pausal women. CDC director, Jeffrey Koplan, to reit- and today is an opportunity for us to In one interesting study in New erate our interest in this important speak on different topics but with a York, researchers found that women initiative. united voice. We, colleagues in the carrying a mutant form of a breast Although we do not have cures for Women’s Caucus and men as well and cancer gene are at higher risk of devel- the most devastating disease that af- Members of Congress, are talking oping breast or ovarian cancer if they fects women, we can minimize our about and raising the awareness of were born after 1940, as compared to chances of developing them or at least issues pertaining to women’s health. women with the same mutant genes be- prolong the years that we are healthy fore 1940. This suggests that environ- by the understanding of the risk fac- f mental factors are affecting the rates tors, both environmental and genetic, HEALTH INITIATIVES of incidence. as well as taking control of our health The SPEAKER pro tempore. Under a The interaction between environ- by having preventive screening tests previous order of the House, the gentle- mental factors and one’s genes also af- before it is too late. woman from New York (Ms. SLAUGH- fect the susceptibility to disease. This As a public servant and a scientist, I will be a major area of research now believe that one of the most important TER) is recognized for 5 minutes. Ms. SLAUGHTER. Mr. Speaker, I rise that the Human Genome Project has concerns of Congress should be to help today to speak about the state of pub- been completed and new disease-re- to promote America’s public health. lic health in America. Although we lated genes are being found at a rapid Congress should commit itself to pro- know more about health hazards and pace. vide all Americans access to medical The evidence is clear and accumu- the importance of a healthy life-style technologies that save lives, and Con- lating daily that the by-products of our today than we did 25 years ago, our gress must provide continued funding technology are linked to illness and for scientific research across all dis- health is actually getting worse in disease and that women are especially ciplines. many respects. susceptible to these environmental f Chronic diseases account for three health-related problems. out of four deaths in the United States We need health research programs NEW ADMINISTRATION IS NOT SE- annually; and 100 million Americans, that are specifically targeted towards RIOUS ABOUT ADDRESSING more than a third of the population, women’s health. The passage of the GLOBAL CLIMATE CHANGES suffer from some sort of chronic dis- Women’s Health Environmental Re- The SPEAKER pro tempore (Mr. ease. search Centers Act will be a crucial GILCHREST). Under a previous order of Chronic conditions are on the rise. step toward establishing the valuable the House, the gentleman from Wash- The rate of learning disabilities rose 50 and needed basic research on the inter- ington (Mr. INSLEE) is recognized for 5 percent in this last decade. Endocrine actions between women’s health and minutes. and metabolic diseases such as diabetes environment. Mr. INSLEE. Mr. Speaker, I, as a and neurologic diseases such as mi- The second initiative needed is to in- Democrat, have an admission to make. graine headaches and multiple scle- crease awareness and access for Ameri- I have come before the House to admit rosis increased 20 percent between 1986 cans to preventive screening tests for that I was fooled into believing that and 1995. diseases such as cancer. Screening will the new administration was actually The rising incidence of disease can be save thousands of lives if it is detected serious about doing something about attributed partly to the environment. at its earliest and most treatable global climate change. I was fooled This means not only air pollution and stage. into having hopes that this administra- the rising CO2 levels, which affect the I will soon introduce, along with the tion would abide by its promises to quality of the air we breath, but fac- gentlewoman from Maryland (Mrs. show some leadership to do something tors such as industrial chemicals and MORELLA), the Colorectal Cancer about carbon dioxide, which is pol- plasticizers, increased exposure to low- Screening Act. Often colorectal cancer luting our atmosphere and warming dose radiation from sources that range does not present any symptoms at all our planet. from toasters to aircrafts, certain until late in the disease’s progression. I had those hopes until yesterday. I medications which affect the hormone When discovered through screening want to tell my colleagues why I had production, and especially a person’s tests, benign polyps can be removed, those hopes. The new director of the life-style, including the diet, tobacco preventing colorectal cancer from ever Environmental Protection Agency, and alcohol use. occurring. But, unfortunately, fewer former Governor Christie Todd Whit- Mr. Speaker, I was proud recently to than 40 percent of colorectal cancer pa- man, said last week that she wanted to introduce the Women’s Health Envi- tients have ever their cancer diagnosed work to do something to reduce carbon ronmental Research Centers Act, a bill early. dioxide emissions from our polluting that enhances scientific research in Colorectal cancer is the second lead- plants. A few weeks ago, the Secretary women’s health. ing cause of cancer death in the United of the Treasury said that he believed States for men and women combined. that this was a serious problem, that it 1330 b An estimated 56,700 people will die needed to be addressed, and the govern- There has been a lack of initiatives from colorectal cancer this year; and ment could no longer afford to ignore to especially look at women’s health in 135,400 new cases will be diagnosed. it. connection with the environment. These newly diagnosed cases that will The President of the United States Women may be at a greater risk for be divided nearly evenly among men last September told the American peo- disease associated to environmental and women are particularly tragic be- ple and promised the American people exposures due to several factors, in- cause they could be prevented. that, if elected President of the United cluding body fat and size, a slower me- Medicare began covering colorectal States, he would work to curtail car- tabolism of toxic substances, hormone cancer screening in 1998, and many in- bon dioxide emissions from our power

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.068 pfrm02 PsN: H14PT1 H912 CONGRESSIONAL RECORD — HOUSE March 14, 2001 generating plants in this country. A reason he did so was because he was people locally did this, and Congress promise, a pledge, a commitment that concerned about prices of electricity did not fulfill their portion of the yesterday was sadly broken when he going up. promise. bowed down to the oil and gas industry Well, frankly, that is a surprise to us Well, 25 years later, Mr. Speaker, I and said he was not going to lift a fin- because, for the last 2 months, we have think it is time that Congress stepped ger to reduce these CO2 emissions, to been asking the President of the up it the plate and filled the promise it reduce the pollution that is coming out United States to do something about made 25 years ago. of our plants. electrical prices in the West, and he I wrote President-elect at the time I was fooled, and I am greatly dis- has refused to do anything about it. Bush on January 25 and said to Presi- appointed. But I have not given up, and We have asked him to adopt a short- dent-elect Bush: ‘‘I hope you will set the reason I have not given up is be- term wholesale price cap, to have a cir- this a priority funding measure in your cause I believe that there are good cuit breaker to reduce these extraor- new budget as the new President.’’ Members on both sides of the aisle in dinary price increases that we are hav- I had the opportunity 4 weeks ago to this Chamber who are willing to show ing on the western United States right go to the White House and speak with some leadership in moving forward on now. He has refused to even consider it. President Bush; and at that time, I climate change issues. We let the greatest transfer of wealth said to him, ‘‘Mr. President, this is one I am just alerting Members of the from the western United States to gen- of the most important things we can do House to this fact that I do not think erators of electricity since Bonnie and that I think will beneficially affect we can look to leadership from the Clyde roamed the prairies because of education, not only through every White House on this after yesterday’s these huge run-ups in prices, unprece- State, but throughout our Nation in stunning reneging on a promise to the dented, unjustified, and unreasonable. public schools; and that is full funding American people, and that we need to By the way, this is not just me talking. of special education the way Congress show some leadership. Our own FERC, the Federal Energy promised 25 years ago.’’ I am telling the House this because, Regulation Commission, under the The President said, ‘‘I understand, but we would like to have a little more if we are going to have action by the Bush administration made a finding flexibility and give the States and Federal Government of doing some- that these prices were unreasonable, local school districts an opportunity if thing about the climate change prob- unconscionable. I think unconscionable they need to build schools or use it for lem in this country, we in the House is my language, but at least they said special education.’’ Well, 25 years later, are going to need to get out in front of unreasonable. again, somebody needs to speak up for this issue. Despite that finding, the administra- special needs children and say Congress I know there are Members on both tion has refused to lift a finger to limit should fulfill its promise. sides of the aisle who are willing to do these extraordinary increases in elec- The President has a program he calls this. The gentleman from Maryland trical rates. We believe we are going to Leave No Child Behind. Well, I say to (Mr. GILCHREST), who is in the chair ask the administration, we have been the President that, if we do not do this today, has shown a recognition and asking for 2 months to do that. when we have the opportunity this some leadership in this regard. Let me tell my colleagues why that year or next year, then we will never To do this, I am urging my fellow is so dangerous, Mr. Speaker. I am do this. We will not leave one child be- Members to do a few things: first, to going to read from the Wall Street hind. We will leave thousands of chil- join our Global Climate Change Cau- Journal article in yesterday’s paper, dren behind, and that is disgraceful. cus, a bipartisan group of Members who which I will now summarize. We have We have projected by the Congres- are committed to finding common the possibility of losing 43,000 jobs, this sional Budget Office over the next 10 sense and workable means of reducing the State of Washington alone, if the years a budget surplus of $5.6 trillion. climate change emissions. administration does not work with this The President has recommended a $1.6 Second, I would ask our Members Congress in a bipartisan fashion to trillion tax cut. Surely if we can find during this tax cut debate that is going adopt wholesale price caps. I hope all the political will to do a $1.6 trillion on that, no matter what happens in the my Members will join me in this effort. tax cut, we can find the political will tax cut, we devote a portion of it to f and the backbone to fund a program creating incentives for efficient clean that is 25 years old for special-needs energy sources of new technology, CONGRESS NEEDS TO KEEP ITS 25– YEAR PROMISE children in our country. wind, solar, fuel cell technology; to It does not impact just special-needs bring those technologies to market- The SPEAKER pro tempore. Under a children. It will affect virtually every based prices; and to use this tax cut de- previous order of the House, the gen- child in public schools in our country, bate in a meaningful way on an envi- tleman from Kansas (Mr. MOORE) is because I have talked throughout my ronmental basis. recognized for 5 minutes. district in every school district I ask Members to join the bipartisan Mr. MOORE. Mr. Speaker, I have throughout my district to school ad- group that is working to try to fashion been in Congress for 2 years, and I have ministrators and teachers; and a dis- some package of tax cuts that can help learned a lot of things after I got here. proportionate share of the present these new technologies become a mar- For example, 25 years ago, the Con- school funding goes to special-needs ket base so that we can put them in gress passed and the President signed children. Nobody begrudges that. God our homes and our houses. into law a new bill called IDEA, which knows they need it. But sometimes the I ask Members to cosponsor a bill I stands for Individuals With Disabilities people who are shortchanged are the have called the Home Energy Genera- Education Act. In that new law, the other kids, and not one child in our tion Act that will allow one when one Congress promised to the State and public schools should be shortchanged puts a solar panel on one’s home to sell local school districts, if they would by Congress’ failure to perform its one’s excess power back to one’s utility take special-needs children out of hos- promise. and have one’s meter run backwards so pitals and institutions and bring them This is not a partisan issue. When one gets a credit. into local public schools, that Congress one looks at a special-needs child, one There are a lot of things we can do, and the Federal Government would does not see a Republican, one does not but I am urging Members of the House fund the cost of education to the tune see a Democrat, one sees a child, a to come to the forefront and be leaders of 40 percent. child with needs, and needs that should because there is going to be a vacuum, Mr. Speaker, 25 years later, last year, be addressed by this body. unfortunately, out of the White House. Congress was up to 14.9 percent, not 40 If at this time in our Nation’s his- Let me tell my colleagues another percent, 14.9 percent; and that is out- tory, when we have these huge pro- thing very disturbing that happened rageous. That is what we call an un- jected surpluses, we do not step up to yesterday. The President of the United funded mandate, and that is what gets the plate and fulfill our promise, shame States, when he decided to ignore the people back home in the real world so on us. Shame on us. I hope and believe explicit promise to the American peo- upset with Congress. They promised that the President and the Congress ple on this CO2 emission issue, said the that they would do this and that. The this year will do the right thing.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.070 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H913 I talked just yesterday before the women remain without any form of ance coverage. Women and their chil- Committee on the Budget hearing to health care coverage and so do their dren are disproportionately rep- Secretary of Education Paige, and Sec- families. Let us provide them with af- resented among the Nation’s uninsured retary Paige told us that the President fordable health care. population, primarily due to the num- had recommended an increase in fund- f ber of women in service jobs and retail ing in special education, but far short jobs which have low rates of employer- CARDIOVASCULAR DISEASE, of the promise Congress made 25 years provided insurance and lower wages. NUMBER ONE KILLER OF WOMEN ago. Many working women have part-time We have got to do what is right. I The SPEAKER pro tempore. Under a jobs where health benefits are not of- hope and believe we will do what is previous order of the House, the gentle- fered by the employer or cannot afford right. We are a better Nation than the woman from Indiana (Ms. CARSON) is the premiums to purchase the insur- way we have acted for the last 25 years. recognized for 5 minutes. ance. Ms. CARSON of Indiana. Mr. Speak- f Women who are insured through er, I am pleased to address this august their spouse’s employment are often b 1345 body and this Nation in celebration of more susceptible to disruptions in LACK OF HEALTH INSURANCE FOR Women’s History Month. As we cele- health care coverage. Divorce, death of LOW-INCOME WOMEN brate women’s history, we have many a spouse, change in job status of a women who have made major contribu- spouse or a change in the dependent The SPEAKER pro tempore (Mr. tions to the advancement of this coun- coverage through an employer could GILCHREST). Under a previous order of try. We have Sojourner Truth, Harriet result in a woman and her children los- the House, the gentlewoman from Cali- Tubman, Rosa Parks and Barbara Jor- ing health insurance. fornia (Ms. SOLIS) is recognized for 5 dan, and other women who have been We also know that women are living minutes. enormously progressive in terms of ad- longer, yet the quality of their lives is Ms. SOLIS. Mr. Speaker, today I rise vancing the work and the lives of peo- not always better. Women are more to talk about the deplorable lack of ple across this Nation. likely to be uninsured than men, and health insurance for low-income In Women’s History Month, however, this lack of health insurance is a public women. Nearly 4 in 10 poor women are we must remember the importance of health risk. uninsured. Four in ten. keeping women’s bodies healthy. Car- Studies show that people without We know that health care coverage is diovascular diseases are the number health insurance are less likely to re- critically important for low-income one killer of women. These diseases ceive care and more likely to delay women because they cannot afford to currently claim the lives of more than seeking care for acute medical prob- pay for health care out of their own 500,000 women a year. Although these lems. This ultimately adds to the cost pockets. Without health insurance, statistics are enormous, many women because in many cases their medical women may decide not to get needed still are not aware of their risk for conditions become more serious pro- health care because they cannot afford heart disease. Why is this the case. ducing adverse outcomes that will need it. Despite the fact that our country Studies have shown that women and extensive follow-up care. Uninsured in- has experienced large economic growth doctors may not know that cardio- dividuals are less likely to receive pri- over the past few years, the proportion vascular disease is the main killer of mary care or preventive services, of low-income women who are unin- women, the leading cause of death which would keep medical conditions sured actually rose 32 percent to 35 per- among women, not breast cancer, or from becoming worse. cent. Clearly, our Nation’s economic any of the other diseases that we try to We all know that women who are di- growth has not reached all segments of find cures for, but cardiovascular dis- agnosed with breast or gynecological our society. ease is the main killer of women. cancers at a later stage are more likely This problem is even more pro- Women and doctors may not realize to die from those conditions and dis- nounced for immigrant and minority the risk factors for cardiovascular dis- eases than those who detect it early. low-income women. Mr. Speaker, 51 ease because it is different in women This is an even greater health risk be- percent of low-income Latinas are un- than men. Women’s symptoms of car- cause we know women disproportion- insured. That is more than half. Among diovascular disease may not be recog- ately take care of the family. And as uninsured Latino adults in fair to poor nized because they may be different caretakers, women simply do not have health, 24 percent of women have not than men, and women do not receive the time to be sick. That is why edu- visited a doctor in the past year. These the same levels of prevention, care and cation and prevention and proper are women who are not in good health treatment as men. It is important that health insurance is so vital. yet nearly a quarter of them have not women understand the risks, recognize Working women deserve health insur- seen a doctor in 12 months. 42 percent the symptoms and reduce the risk of a ance coverage for themselves and for of low-income Asian- American women heart attack. We must also ensure that their children. I am optimistic that we are uninsured. doctors are provided with the proper can begin to address the problem of the Nearly 1 in 5 low-income women are educational tools and sensitivity un- 43 million people in America who are immigrants, and over half of those are derstanding that they need in order to uninsured and the many more who are noncitizens and they are uninsured. help women make the right decisions underinsured, so that no man, woman Without health insurance, where can about their health and well-being. or child in this country has health care they go for quality health care? Less It is time, I believe, to reduce the needs that are not being addressed. No than a quarter of low-income noncit- numbers and to focus on living healthy one should be left behind. izen women have job-based health cov- and productive lives. Knowledge about erage. our health is powerful, and working to- f Medicaid, or Medi-Cal as we know it wards having and keeping good health The SPEAKER pro tempore (Mr. in California, has traditionally been a is the first step in living a powerful and GILCHREST). Under a previous order of source of support for these women, productive life. the House, the gentleman from Cali- fornia (Mr. BACA) is recognized for 5 helping them to receive needed health f care services. Unfortunately the minutes. changes made in the 1996 welfare law WORKING WOMEN DESERVE (Mr. BACA addressed the House. His hurt low-income women. The 1996 wel- HEALTH INSURANCE COVERAGE remarks will appear hereafter in the fare law separated Medi-Cal from wel- The SPEAKER pro tempore. Under a Extensions of Remarks.) fare and put new requirements on peo- previous order of the House, the gentle- f ple receiving cash assistance. woman from Wisconsin (Ms. BALDWIN) Although the new law pushed people is recognized for 5 minutes. GLOBAL WARMING into leaving welfare and onto the job Ms. BALDWIN. Mr. Speaker, it is es- The SPEAKER pro tempore. Under rolls, many of those jobs are low timated that 19 percent of women in the Speaker’s announced policy of Jan- skilled and low paying. Many of those the United States lack health insur- uary 3, 2001, the gentleman from Iowa

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.071 pfrm02 PsN: H14PT1 H914 CONGRESSIONAL RECORD — HOUSE March 14, 2001 (Mr. GANSKE) is recognized for 60 min- of energy resources, nuclear, is hobbled The international panel of planet sci- utes as the designee of the majority because we cannot store its waste in a entists that is considered the most au- leader. safe place in the desert. thoritative voice on global warming Mr. GANSKE. Mr. Speaker, headlines We have only been working on this has now concluded that mankind’s con- in USA Today scream: ‘‘Global Warm- for about 10 or 15 years in Congress. So, tribution to the problem is greater ing Is Evident Now.’’ U.S. News and Mr. Speaker, what does a policymaker than originally believed. Earlier re- World Report’s cover story proclaims: do? How do we, in a democracy, deal ports said that man-made fossil fuels ‘‘Scary Weather: Scientists Issue a with immediate concerns that are like coal and oil had probably contrib- Startling Forecast of Global Climate causing real hardships, while at the uted to the gradual warming of the Change,’’ and they feature a picture of same time look for long-term solutions earth’s atmosphere by releasing CO2 the Earth surrounded by stormy weath- to potential problems? trapped beneath the Earth into the at- er. b 1400 mosphere. The intergovernmental On television, we see chunks of ice Well, my friends, the first thing we panel on climate change’s latest re- the size of Connecticut breaking off of have to have is an educated public; and port, with inputs from thousands of the Antarctic ice shelf and melting. I might add to that, we need educated scientists around the world and re- The New York Times shows us the lawmakers. I want to learn from my viewed by 150 countries, more con- North Pole as a lake. Glaciers are constituents, and I want to learn from fidently asserts that man-made gases melting and the snows of Kilimanjaro my colleagues, and I want to learn have ‘‘contributed substantially to the will soon become a memory. from experts on this issue, and so I observed warming over the last 50 Mr. Speaker, mosquitoes are living at hope that some of my following years.’’ higher altitudes than they have ever thoughts will stimulate discussion. During the presidential campaign, been seen before because it is warmer. One thing is for sure, Mr. Speaker, President Bush said, ‘‘Global warming Tropical bugs are moving north along and that is that the debate on global should be taken seriously but will re- with the diseases they carry. And if warming has generated an awful lot of quire any decisions to be based on the Iowa, my home State, becomes trop- heat. The unknown can generate much best science.’’ Today, Vice President ical, will dengue fever or malaria be- fear. But I think that the more we talk CHENEY told me that he thinks global come a problem? about this issue in a rational way, the warming is a serious problem, too. I ap- The oceans are warmer and coral better off we will be. Problems present preciate their concern. reefs are dying. Will we see the oceans opportunities for solutions that may be Mr. Speaker, let me read from Presi- rise from one to three feet and flood beneficial in unforeseen ways if we are dent Bush’s letter to Senator HAGEL: the 70 percent of the United States pop- creative. So let us look at some of the ‘‘My administration takes the issue ulation that lives within 50 miles of the science and some of the facts. of global climate change very seri- ocean? Will global warming cause ex- The Earth’s temperature is rising. ously.’’ He talks about various things treme weather, with droughts in some That is a fact. According to the Na- related to the energy crisis but then areas and floods in others? Will heat tional Academy of Sciences, the sur- closes with this statement. President waves hit cities like Chicago and cause face temperature of Earth has risen Bush says, ‘‘I am very optimistic that hundreds of deaths? about 1 degree Fahrenheit in the last with the proper focus and working with Will Iowa’s farmers find that rainfall 100 years. Some regions around the our friends and allies we will be able to comes in monsoons and that growing Earth have become warmer. Others develop technologies, market incen- zones are pushed hundreds of miles have become colder. But if you take all tives and other creative ways to ad- north? Will tropical agricultural pests of the Earth in aggregate, including dress global climate change.’’ that we have never seen before become the oceans, the Earth is getting warm- The President and the Vice President common in Iowa? What will global er, and it is getting warmer faster than are not alone in their concern. In the warming do to the world’s food supply? ever before measured. last year, Ford, DaimlerChrysler, Dow Will we see widespread famine? It is also a fact that carbon dioxide, Chemical, IBM, and Johnson and John- Will global warming destabilize na- CO2, atmospheric concentrations have son have pledged to make big cuts in tions and become a national security increased about 30 percent since they the greenhouse gases they produce. problem? Will it cause massive migra- were first recorded; and in the last 50 Recently, DuPont, Shell, British Pe- tions from some countries to others? years, the concentrations are increas- troleum and four other multinational Will we see a further gap between rich ing faster and faster. That, Mr. Speak- energy companies joined in a voluntary nations who can cope better with cli- er, is a scientific fact that no one dis- plan to reduce wasteful use of energy mate changes than poor nations that putes. Whatever your position on glob- and to produce cleaner products. They cannot handle disasters? al warming is, no one disputes those would like to get credit for their reduc- Mr. Speaker, what is global warm- facts. tions in CO2. ing? Is it real? How do we deal with it? And no one disputes, Mr. Speaker, Just last year, I attended a con- Can we alter it? Will it require life- that carbon dioxide, CO2, is a green- ference put on by the Iowa Farm Bu- style changes? Should we be afraid? house gas. You do not have to be a sci- reau. They held a symposium on car- On the other hand, Mr. Speaker, any- entist to understand how the green- bon sequestration and how farmers can one who has paid their most recent house effect works. get credit for reducing CO2. The chief monthly energy bills knows that en- Under normal conditions when the executive officer of enRon, one of our ergy prices this winter have gone sun’s rays warm the Earth, part of that country’s largest energy companies, through the roof. The Des Moines Reg- heat is reflected back into space. The has said, ‘‘First, the science, although ister headlines proclaim that ‘‘Iowans rest of the heat is absorbed by the not conclusive, is substantial, and the Are Hurting From High Prices.’’ oceans and the soils and warms the absence of ironclad certainty certainly Every national weekly news maga- surrounding areas, and that makes our does not justify apathy. Second, the zine has stories on the shortages of en- weather. But the recent buildup of car- cost of obtaining dead certain proof ergy. California is going through roll- bon dioxide in the atmosphere traps could be high. And, third, I believe that ing blackouts now, and we could see heat that otherwise would be reflected with the right policy, such as carbon those types of blackouts around the back into space. The resulting warmth credit trading programs and incentives country this summer if we have hot expands ocean water, causing sea levels to start reducing emissions sooner weather. to rise. The heating also accelerates rather than later, the cost of control Fifty percent of the electric energy the process of evaporation, even as it for the next 5 years would be neg- in this country is produced by coal, expands the air to hold more water. ligible.’’ which releases four times as much car- The resulting water vapor, the largest Mr. Speaker, let me say a few words bon dioxide in the atmosphere per Btu component of greenhouse gases, traps about the Kyoto Treaty on global as natural gas, but natural gas prices more heat, making for a vicious cycle. warming which would attempt to re- are at all-time highs because of the The more heat is trapped, the more in- duce worldwide carbon dioxide emis- shortages of supply. And the greenest tense the greenhouse effect. sions. I have traveled to many Third

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.075 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H915 World countries. They are among the known about the addictiveness of nico- reconstructed arteries in legs in pa- worst polluters. I remember in Lima, tine in tobacco, how tobacco companies tients that are closed shut by tobacco Peru, at rush hour hardly being able to have targeted children to get them ad- and are causing gangrene, and I have see four or five blocks and hardly being dicted, what the Food and Drug Admin- had to amputate more than my share able to breathe the air because of the istration proposed, the Supreme of legs that have gone too far for recon- pollutants. Friends tell me that Beijing Court’s decision on FDA authority to struction. is even worse. regulate tobacco, and on bipartisan Mr. Speaker, not too long ago, I was Now it is true that the United States legislation that I and the gentleman talking to a vascular surgeon who is a consumes about 25 percent of the from Michigan (Mr. DINGELL) will in- friend of mine back in Des Moines, world’s energy, but it is also true that troduce tomorrow that would give the Iowa. His name is Bob Thompson. He our country has invested significantly Food and Drug Administration author- looked pretty tired that day. I said, in energy efficiency and cleaner air. ity to regulate the manufacture and Bob, you must be working pretty hard. For example, Iowa industries such as marketing of tobacco. He said, Greg, yesterday I went to the Maytag are actually significantly pros- Mr. Speaker, the number one health operating room at about 7 in the morn- pering because they have invested in problem in our country, the use of to- ing, I operated on 3 patients, I finished developing energy efficient products. bacco, is well captured in this editorial up about midnight, and every one of Iowa also leads the country in the pro- cartoon that shows the Grim Reaper, those patients I had to operate on to duction of renewable fuels, like ethanol big tobacco, with a cigarette in his save their legs. So I asked him, were which recycles carbon dioxide; and hand, a consumer on the cigarette, and they smokers, Bob? And he said, you Iowa is also a leader in the production the title is, ‘‘Warning: The Surgeon bet. And the last one I operated on was of electricity by wind power. General is right.’’ a 38-year-old woman who would have Now, an international treaty has to Here is some cold data on this peril. lost her leg to atherosclerosis related treat all participants fairly or you will It is undisputed that tobacco use great- to heavy tobacco use. I said to Bob, not get compliance. I do not believe ly increases one’s risk of developing what do you tell those people? He said, that the Kyoto Treaty as it stands cancer of the lungs, the mouth, the Greg, I talk to every patient, every pe- today does that. I would have voted throat, the larynx, the bladder, and ripheral vascular patient that I have with Senator GRASSLEY when the Sen- other organs. Mr. Speaker, 87 percent and I try to get them to stop smoking. ate rejected the Treaty 95–0. I think of lung cancer deaths and 30 percent of I ask them a question. I say, if there that we need to improve that Treaty. all cancer deaths are attributed to the were a drug available on the market But, in the meantime, there is much use of tobacco products. Tobacco use that you could buy that would help to that we can do, both individually and causes heart attacks, causes strokes, save your legs, that would help prevent collectively, to help reduce carbon di- causes emphysema, peripheral vascular you from having a coronary artery by- oxide emissions and to reduce energy disease and many others. More than pass, that would significantly decrease consumption. There are many steps 400,000 people die prematurely each your chances of having lung cancer or that we could do in our own homes to year from diseases associated and at- losing your throat, would you buy that reduce leakage of heat for energy effi- tributable to tobacco use. drug? And every one of those patients ciencies, common things that certainly In the United States alone, tobacco say, you bet I would buy that drug, and with the high energy costs now would really is the Grim Reaper. More people I would spend a lot of money for it. prove cost effective. die each year from tobacco use in this And you know what my friend says to I think that collectively through country than die from AIDS, auto- patients then? He says, well, you know public policy we should promote renew- mobile accidents, homicides, suicides, what? You can save an awful lot of able fuels such as ethanol, promote fire, alcohol and illegal drugs com- money by quitting smoking and it will wind power, fuel cells, geothermal and bined. More people in this country die do exactly the same thing as that mag- other 21st century technology. We in 1 year from tobacco than all the sol- ical drug would have done. should invest, both privately and diers killed in all the wars this country Mr. Speaker, my mother and father through public grants, in energy effi- has ever fought. were both smokers. They are both alive ciency technology. We should look at Mr. Speaker, treatment of tobacco- today because they had coronary ar- setting up a carbon credit trading sys- related illnesses will continue to drain tery bypass surgery to save their lives. tem similar to the acid rain system over $800 billion from the Medicare But, I have to tell my colleagues, it that has worked so well. We should trust fund. The VA spends more than took an event like that to get them to start to reduce carbon dioxide emis- one-half billion dollars each year on in- quit smoking, even though I harped on sions now by rewarding people for sav- patient care of smoking-related dis- them all the time. It is a really addict- ing energy, and we should try to build eases. ing product. a culture that identifies and corrects But these victims of nicotine addic- Mr. Speaker, I will never forget the inefficient use of resources. tion are statistics that have faces and thromboangiitis obliterans patients If the global warming problem turns names. Before coming to Congress, I that I treated at VA hospitals who out to be not so serious, then, Mr. practiced as a surgeon. I have held in were addicted to tobacco. It would Speaker, at the least we have helped these hands the lungs filled with can- cause them to thrombose the little make our country’s industry more cer and seen the effects of decreased blood vessels in their fingers so they competitive with lower energy costs. If lung capacity on patients who have would lose one finger after another, the problem becomes more severe than smoked. Unfortunately, I have had to one toe after another. I remember one expected, we can phase in larger reduc- tell some of those patients that their patient who had lost both lower legs, tions in greenhouse gases. lymph nodes had cancer in them and all the fingers on his left-hand, and all Mr. Speaker, as a physician, before I that they did not have very long to of the fingers on his right hand, except came to Congress, I think this is one live. for his index finger. Why? Because to- area where an ounce of near-term pre- bacco caused those little blood vessels vention will be worth a lot more than b 1415 to clot. This patient, even though he a pound of cure later on. I hope that As a plastic and general surgeon, I knew that if he stopped smoking, it my colleagues and constituents share have had to remove patients’ cancerous would stop his disease, had devised a their thoughts with me on this issue. jaws, like this surgical specimen. The little wire cigarette holder with a loop Mr. Speaker, I want to talk for a few poor souls who have had to have this on one end and a loop on the other end, minutes today about what I think is type of surgery to have their jaws re- and he would have a nurse stick a ciga- the number one public health problem moved go around like the cartoon char- rette through the loop on one end and facing the country, and that is the acter Andy Gump. Many times, they light it and put the other loop over his death and morbidity associated with breathe through a hole in their throat. one remaining finger, and that is how the use of tobacco. I want to discuss I have had to do some pretty extensive he would smoke. why the use of tobacco is so harmful, reconstructions on patients who have I will tell my colleagues, I have told what the tobacco companies have lost half of their face to cancer. I have this story on the floor before. This is a

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.077 pfrm02 PsN: H14PT1 H916 CONGRESSIONAL RECORD — HOUSE March 14, 2001 fact. My colleagues can talk to any of of the effects of nicotine; i.e., its ad- Claude Teague, assistant director of the doctors that have ever worked at a dictive nature, and that nicotine is a research at RJR said in a 1972 memo, VA hospital and they will have seen pa- poison.’’ ‘‘In a sense, the tobacco industry may tients with thromboangiitis obliterans. A 1983 Brown & Williamson memo be thought of as being a specialized, I am not making up this story. When I stated, ‘‘Nicotine is the addicting highly ritualized and stylized segment spoke on the floor once before on this, agent in cigarettes.’’ of the pharmaceutical industry. To- I got a letter from an angry smoker Indeed, the industry knew that there bacco products uniquely contain and who said, you are just making up a lot was a threshold dose of nicotine nec- deliver nicotine, a potent drug with a of stuff. I wish I were. I wish I were. essary to maintain addiction, and a variety of physiologic effects. Thus, a Unfortunately, these are the facts, and 1980 Lorilard document summarized tobacco product is, in essence, a vehi- statistics show the magnitude of this the goals of an internal task force cle for the delivery of nicotine.’’ problem. whose purpose was not to avert addic- In 1972, a Philip Morris document Over a recent 8-year period, tobacco tion, but to maintain addiction. Quote: summarized an industry conference at- use by children increased 30 percent; ‘‘Determine the minimal level of addi- tended by 25 tobacco scientists from more than 3 million American children tion that will allow continued smok- England, Canada and the United and teenagers now smoke cigarettes. ing. We hypothesize that below some States. Quote: ‘‘The majority of con- Every 30 seconds, a child in the United very low nicotine level, diminished ferees would accept the proposition States becomes a regular smoker. In physiologic satisfaction cannot be that nicotine is the active constituent compensated for by psychological sat- addition, more than 1 million high of tobacco smoke. The cigarette should isfaction. At that point, smokers will school boys use smokeless chewing to- be conceived not as a product, but as a quit or return to higher tar and nico- bacco, mainly as a result of advertising package.’’ Then they said, ‘‘The prod- focusing on flavored brands and on tine brands.’’ Mr. Speaker, we also know that for uct is nicotine.’’ youth-oriented themes and on seeing the past 30 years, the tobacco industry Mr. Speaker, does anyone believe some of their sports heroes out on the manipulated the form of nicotine in that the tobacco CEOs who testified be- ball diamond or somewhere else chew- order to increase the percentage of free fore Congress that tobacco was not ad- ing a cud. Mr. Speaker, it is that chew- base nicotine delivered to smokers as a dicting were telling the truth? ing tobacco that leads to the oral can- naturally-occurring base. I have to say, As I said, Mr. Speaker, most adult cers that results in losing a jaw. Mr. Speaker, that this takes me back smokers start smoking before the age The sad fact is, Mr. Speaker, that to my medical school biochemistry. of 18. each day, 3,000 kids start smoking, Nicotine favors the salt form at low pH b 1430 many of them not even teenagers, levels, and the free-based form at high- younger than teenagers, and 1,000 out Mr. Speaker, most adult smokers er pHs. So what does that mean? Well, of those 3,000 kids will have their lives start smoking before the age of 18. the free base nicotine crosses the That has been known by the tobacco shortened because of tobacco. alveoli in the lungs faster than the So why did it take a life-threatening industry and its marketing divisions bound form, thus giving the smoker a heart attack to get my parents to quit? for decades. greater kick, just like the drugee who I nagged them all the time. It took A report to the board of directors of freebases cocaine, and the tobacco that near death experience. Why would RJR on September 30, 1974, entitled companies knew that very well. ‘‘1975 Marketing Plans Presentation not my patient with one finger, the A 1966 British American tobacco re- ...’’ said that one of the key opportu- only finger he had left, quit smoking? port noted, ‘‘It would appear that the nities to accomplish the goal of rees- Why do fewer than 1 in 7 adolescents increased smoker response is associ- tablishing RJR’s market share was ‘‘to quit smoking, even though 70 percent ated with nicotine reaching the brain increase our young adult franchise.’’ say they regret starting? And I say to more quickly. On this basis, it appears First, let us look at the growing im- my colleagues, it is sadly because of reasonable to assume that the in- portance of this young adult group in the addictive properties of the drug creased response of a smoker to the the cigarette market. nicotine in tobacco. smoke with a higher amount of ex- In 1960, what did they call the young The addictiveness of nicotine has be- tractable nicotine, not synonymous come public knowledge. It has become with, but similar to free-based nico- adult market? They called it ‘‘the public knowledge only in recent years tine, may be either because this nico- young adult franchise.’’ What was the as a result of painstaking scientific re- tine reaches the brain in a different age group they were talking about? search that demonstrates that nicotine chemical form, or because it reaches Ages 14 to 24. They say, ‘‘This rep- is similar to amphetamines. Nicotine is the brain more quickly.’’ resents 21 percent of our population. similar to cocaine. Nicotine is similar Tobacco industry scientists were well They will represent 27 percent of the in addictiveness to morphine, and it is aware of the effect of pH on the speed population in 1975, and they represent similar to all of those drugs in causing of absorption and on the physiologic tomorrow’s cigarette business.’’ compulsive, drug-seeking behavior. In response. In 1973, an RJR report stated, An adult, Mr. Speaker? These are 14- fact, Mr. Speaker, there is a higher per- ‘‘Since the unbound nicotine is very year-olds. Those are pretty young centage of addiction among tobacco much more active physiologically and adults. users than among users of cocaine or much faster acting than bound nico- In a 1990 RJR document entitled heroin. tine, the smoke at a high pH seems to ‘‘MDD Report on Teenager Smokers Recent tobacco industry delibera- be strong in nicotine.’’ Therefore, the Ages 14 Through 17,’’ a future RJR tions show that the tobacco industry amount of free nicotine in the smoke CEO, G. H. Long, wrote to the CEO at had long-standing knowledge of nico- may be used for at least a partial meas- that time, E.A. Horrigan, Jr. tine’s effects. It is clear that tobacco ure of the physiologic strength of the In that document, Long laments the company executives did not tell the cigarette. loss of market share of 14-to-17-year- truth before the Committee on Com- Indeed, Mr. Speaker, Philip Morris old smokers to Marlboro, and says, merce just a few years ago when they commenced the use of ammonia in ‘‘Hopefully, our various planned activi- raised their right hands, they took an their Marlboro brand in the mid 1960s ties that will be implemented this fall oath to tell the truth, and then they to raise the pH of the cigarettes, and it will aid in some way in reducing or cor- denied that tobacco and nicotine were then emerged as the Nation’s leading recting these trends.’’ The trends they addicting. Internal tobacco company brand. Well, the other tobacco compa- were losing market share to were in documents dating back to the early nies saw this rise in Marlboro construc- the 14-to-17-year-old age group. 1960s show that tobacco companies tion, so they reverse-engineered and Mr. Speaker, the industry has indis- knew of the addicting nature of nico- caught on to the nicotine manipula- putably focused on ways to get chil- tine, but withheld those studies from tion. They copied it. The tobacco com- dren to smoke in surveys for Phillip the Surgeon General. panies hid that fact for a long time, Morris in 1974 in which children 14 A 1978 Brown & Williamson memo even though they privately called ciga- years old or younger were interviewed stated, ‘‘Very few customers are aware rettes ‘‘nicotine delivery devices.’’ about their smoking behavior. Or how

VerDate 23-FEB-2001 01:48 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.079 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H917 about the Phillip Morris document good bipartisan group. We are going to ments Act of 2001, does. It simply gives that bragged, ‘‘Marlboro dominates in reintroduce the bill that the gentleman the FDA authority to regulate tobacco. the 17 and younger category, capturing from Michigan (Mr. DINGELL) and I It is not a tax bill. It does not ban to- over 50 percent of the market.’’ drew up last year on this. bacco. In fact, it contains a specific Speaking about Marlboro, I wonder This is not a tax bill. It would not in- clause to protect against a ban. how many Members have seen on tele- crease the price of cigarettes. It is not I would like to point out to my col- vision lately the commercials about a liability bill. It is not a prohibition leagues that the Presidential commis- the Marlboro man, narrated by his bill. It would not prohibit cigarettes, sion I referred to before will explicitly brother, who spoke about his good- because everyone in the public health state that the goal of FDA regulation looking brother, the Marlboro man. area knows that prohibition did not ‘‘should be the promotion of public Then, at the end of the commercial, we work with alcohol and it would not health,’’ not the banning of tobacco see him dying of lung cancer. work with cigarettes. It has nothing to products. Mr. Speaker, when Joe Camel was as- do, our bill, with the tobacco settle- Well, it is a new day, Mr. Speaker, sociated with cigarettes by 30 percent ment from the attorneys general. when one can see Phillip Morris adver- of 3-year-olds and nearly 90 percent of The bill simply recognizes the facts: tisements or visit a Phillip Morris 5-year-olds a few years ago, we know Nicotine and tobacco are addicting. To- website and find the following state- that marketing efforts directed at chil- bacco kills over 400,000 people in this ments. These are statements on Phillip dren are successful. country each year. Tobacco companies Morris’s website: Mr. Speaker, children that begin have and are targeting children to get ‘‘There is overwhelming medical and smoking at age 15 have twice the inci- them addicted to smoking. Just look at scientific consensus that cigarette dence of lung cancer as those who start the ads in some of the magazines that smoking causes cancer, heart disease, smoking after the age of 25. For those we will see, like Rolling Stone. emphysema, and other serious diseases. youngsters who start at such an early I think, and many of our colleagues Smokers are far more likely to develop age and have twice the incidence of on the floor think, that the FDA serious diseases like lung cancer than cancer, for them, Joe Cool becomes Joe should have congressional authority to nonsmokers. There is no safe cigarette. chemo, pulling around his bottle of regulate that drug and those delivery We do not want children to smoke. chemotherapy. devices. Smoking is a serious problem, and we If that is not enough, it should not be Mr. Speaker, I will have to say there want to be part of the solution.’’ overlooked that nicotine is an intro- have been some very interesting new Finally, Mr. Speaker, this is on the ductory drug, as smokers are 15 times developments on this. Five years ago, Phillip Morris website now, ‘‘Cigarette more likely to become alcoholic, to be- cigarette makers howled in protest as smoking is addictive.’’ come addicted to hard drugs, to de- the Food and Drug Administration Mr. Speaker, a poll of 800 likely vot- velop a problem with gambling. geared up to regulate tobacco as a ers shows overwhelming support for Mr. Speaker, in response to this, the drug. But some influential players in giving the U.S. Food and Drug Admin- Food and Drug Administration in Au- the industry, including Phillip Morris, istration the authority to regulate to- gust, 1996, issued regulations aimed at the Nation’s largest cigarette maker, bacco products. The poll was conducted reducing smoking in children on the are now pushing Congress, let me re- by the Mellman Group of 800 likely vot- basis that nicotine is addicting, that it peat that, Phillip Morris is now push- ers at the time of the Supreme Court is a drug, manufacturers have mar- ing Congress to give the FDA much of ruling last year. keted that drug to children, and that the authority that it sought. In the wake of last year’s Supreme tobacco is deadly. That remarkable reversal has been Court ruling that the FDA does not Most people now are familiar with driven in part by a hope that govern- currently have the authority to regu- those regulations. They received a lot ment-sanctioned products could bring late tobacco, the poll also shows that of press a few years ago. It is hard to some legitimacy and stability to an in- two-thirds of voters would prefer a can- think, Mr. Speaker, that 4 or 5 years dustry that has been fighting lawsuits didate for Congress who supports legis- have gone by since those regulations and declining demand in the United lation granting FDA authority over to- came out. Those regulations said to- States. bacco to a candidate who opposes such bacco companies would be restricted In news stories last month, the legislation. By a three-to-one margin, from advertising aimed at children; world’s biggest cigarette maker said it 75 percent to 25 percent, voters want that retailers would need to do a better would support government regulation Congress to pass a bill that would give job of making sure they were not sell- of tobacco that includes advertising the FDA the authority to regulate to- ing cigarettes to children; that the limits on cigarettes, rewritten warning bacco products, including 61 percent FDA would oversee tobacco companies’ labels, and additional disclosure of in- who strongly favor congressional ac- manipulation of nicotine. gredients. Phillip Morris, the maker of tion. But the tobacco companies chal- Marlboro, Virginia Slims, and other That support crosses all geographic, lenged those regulations. They ended popular brands, presented its most de- demographic, gender, and political up taking it all the way to the Su- tailed plan to date in response to a lines with voters from every region, preme Court. So last year, Justice San- Presidential Commission’s preliminary every age bracket, income group, edu- dra Day O’Connor, in writing for the report due later this spring on how cational level, and political party fa- majority, five to four, held that Con- government should regulate tobacco. voring FDA regulation. Even 60 percent gress had not granted the FDA author- This is from Phillip Morris: ‘‘The of smokers favor congressional action. ity to regulate tobacco. However, her company views its proposal as a start- Let me repeat that: Even 60 percent of closing sentences in that opinion bear ing point for discussion,’’ thus said smokers want Congress to do some- reading: ‘‘By no means do we question Phillip Morris spokesman Brendan thing on this. the seriousness of the problem that the McCormick. He said that the company Congressional action is supported by FDA has sought to address. The agency would oppose giving regulators the 78 percent of Independents, 77 percent has amply demonstrated that tobacco power to ban cigarettes. of Democrats, 70 percent of Repub- use, particularly among children and I repeat, there is nothing in my bill licans, including 65 percent of conserv- adolescents, poses perhaps the most that would say cigarettes have to be ative Republicans. Support for congres- significant threat to public health in banned. sional action is especially strong the United States.’’ In a letter responding to the Commis- among key voter groups of suburban That was the Supreme Court. Justice sion’s proposals, Phillip Morris largely women, 80 percent of whom say it is O’Connor was practically begging Con- endorsed the panel’s work, suggesting, important that Congress pass a bill gress to grant the FDA authority to for example, that the FDA is best suit- giving the FDA authority to regulate regulate tobacco. ed to decide which cigarettes should be tobacco products. So as I said earlier today, tomorrow labeled ‘‘reduced-risk cigarettes.’’ Mr. Speaker, voter support of FDA we will hold a press conference. I en- Mr. Speaker, that is what my bill, regulation is not surprising, given the courage my friends to come. We have a the FDA tobacco Authority Amend- electorate’s acute concern over the use

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.082 pfrm02 PsN: H14PT1 H918 CONGRESSIONAL RECORD — HOUSE March 14, 2001 of tobacco by children. Eighty-eight The SPEAKER pro tempore (Mr. we should not return to those days of percent of voters say they are at least CANTOR). The Clerk will report the res- deficit spending. somewhat concerned about youth to- olution. There are basically two ways we can bacco use, including 60 percent who say The Clerk read as follows: return to deficit spending in this coun- they are very concerned. Among subur- H. RES. 90 try. We can start spending too much ban women, 70 percent say they are Resolved, That the following named Mem- money, and if we do not hold down very concerned about youth tobacco ber be, and is hereby, elected to the fol- spending, we are going to see deficits use. lowing standing committee of the House of return. Mr. Speaker, this poll shows voters Representatives: Another way we can return to deficit want Congress to act. They are sending Committee on Standards of Official Con- spending is to cut taxes larger in a a message to Congress: Protect our duct: Mrs. Jones of Ohio. larger amount than we can actually af- kids, and not the tobacco companies. The SPEAKER pro tempore. Is there ford, because both spending and tax Voters clearly agree with the view that objection to the request of the gen- cuts, if pursued in excess, will result in tobacco use is the most significant tleman from Texas? deficit spending on an annual basis by public health threat in the United There was no objection. the Federal Government and return us States. They are telling us loud and The resolution was agreed to. to those days from which we just de- clear they want Congress to enact leg- A motion to reconsider was laid on parted only last year. islation like the bill myself and the the table. Some people say, how big is the na- gentleman from Michigan (Mr. DIN- f tional debt? Frankly, the number is $5.6 trillion, but I have no way of fairly GELL) which would grant the FDA au- THE BUDGET AND TAXES thority to regulate tobacco and protect reflecting to you how much $5.6 trillion America’s families and children. The SPEAKER pro tempore. Under is, except to tell you that it is a whole Mr. Speaker, it is now up to Congress the Speaker’s announced policy of Jan- lot of money. And it is going to take us to provide strong protections for Amer- uary 3, 2001, the gentleman from Texas a long time of fiscal discipline to pay it ica’s families. I ask my colleagues to (Mr. TURNER) is recognized for 60 min- down. join me in fighting America’s number utes as the designee of the minority Now, when I was a boy growing up, one health care threat, the death and leader. my dad always told me that the first morbidity associated with the use of Mr. TURNER. Mr. Speaker, during order of business in terms of managing tobacco products. this next hour of Special Order time, a my finances is to pay my debts. I think So as I finish, Mr. Speaker, let me group of House Democrats known as the Federal Government should oper- just show a few of the recent cartoons the Blue Dog Coalition would like to ate by the same maxim, pay our debts. that we have seen. Here are two little talk about the subject of the budget After all, the debts that we are unwill- kids looking at this billboard. It says, and taxes. The Blue Dog Democrats led ing and unable to pay today will be ‘‘Yes, smoking is addictive and causes the effort during this past week to try paid some day by the younger genera- cancer, heart disease, emphysema, and to urge this Congress to adopt a budget tion who will follow us. other serious diseases.’’ Then we have first before we take the important Our Federal Government, we are this beautiful lady in a bikini. The lit- votes on tax cuts for the American peo- told, has a surplus. But do you realize tle boy is saying to the little girl, ple. that the surplus that we are talking ‘‘What exactly is the message here?’’ The Blue Dogs and the 33 Members about is only an estimate of what may Finally, Mr. Speaker, here is big to- that are members of that coalition be- occur over the next 10 years? The sur- bacco standing giving a talk with their lieve very strongly that our future plus is only an estimate. There is no own chart that says, ‘‘Fantastic prosperity depends upon our ability as place in Washington where you can go Lights. Warning, these babies will kill a Congress to stay on the course of fis- to a lock box or to a safe and find the ya,’’ and big tobacco says, ‘‘. . . and as cal responsibility. surplus. It is an estimate of what may a good-faith gesture . . .’’. In order to provide tax cuts to the happen. American people, in order to ensure The surplus from last year was the f our future prosperity, we believe that first we have had in 30 years. It is very REPORT ON RESOLUTION PRO- we must look at the whole budget pic- small. The surplus we are going to have VIDING FOR CONSIDERATION OF ture of the United States before we can this year is a little bit larger, but when H.R. 327, SMALL BUSINESS PA- determine what size tax cuts we can af- you hear these optimistic discussions PERWORK RELIEF ACT ford. about tax cuts coming your way based The Blue Dogs as fiscal conservatives Mr. HASTINGS of Washington (dur- on the surplus, keep in mind it is only want the largest tax cut that we can ing the special order of Mr. GANSKE), an estimate of the surplus. afford. We believe very strongly that from the Committee on Rules, sub- The surplus estimates we are talking we need tax relief, and we want to vote mitted a privileged report (Rept. No. about over the next 10 years largely for tax relief for the American people; 107–22) on the resolution (H. Res. 89) comes in the second 5 years of this dec- but we also understand very clearly providing for consideration of the bill ade. Very little of the surplus comes in that it is important to give equal pri- (H.R. 327) to amend chapter 35 of title the short term. ority to paying down our $5.5 trillion When I was in a town meeting in my 44, United States Code, for the purpose national debt. district in east Texas a few months of facilitating compliance by small A lot of folks do not understand all of ago, I was trying to explain all of these businesses with certain Federal paper- this talk about the national debt. Why numbers, and a gentleman in the back work requirements and to establish a does it matter? The truth of the matter row in overalls stood up and he said, task force to examine the feasibility of is, you might conclude that the Con- Congressman, how can you folks in streamlining paperwork requirements gress and the Presidents for the last 30 Washington talk about a surplus when applicable to small businesses, which years did not understand it either, be- you owe over $5 trillion? Frankly, he was referred to the House Calendar and cause the Congress and the Presidents stumped me for a few minutes. ordered to be printed. who have served over the last 30 years It is hard to imagine how we can talk f are the ones that created the $5.5 tril- about a surplus when we owe over $5.5 b 1445 lion national debt by running deficit trillion. But that is what we are doing. spending in every year in those last 30 In fact, if all the numbers on the pro- ELECTION OF MEMBER TO COM- years. Only last year did the Congress jected surplus turned out to be true MITTEE ON STANDARDS OF OF- and the President see a balanced Fed- and we enacted the President’s tax cut, FICIAL CONDUCT eral budget. it would be the last tax cut we could Mr. TURNER. Mr. Speaker, I offer a For the first time, we have been able vote on in this Congress for the next 10 resolution (H. Res. 90) and I ask unani- to return this country to a course of years, because it would virtually spend mous consent for its immediate consid- fiscal responsibility and the Blue Dog the entire surplus that is estimated to eration in the House. Democrats believe very strongly that show up in Washington.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.084 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H919 I have a chart here to my right that years, there will be two people col- 4 years might be an appropriate thing depicts a little bit about the uncer- lecting Social Security for every 1 per- for us to do. But to think about grant- tainty of that surplus. The surplus that son that is working in the workforce. ing tax cuts based on a surplus that is I want to talk to you today about is That is the real problem that Wash- not here yet, that will not arrive for 10 the non-Social Security surplus, be- ington needs to be talking about. I years, may be a little bit more than cause we have surpluses projected over think you can see from the discussion this Congress should be doing. the next 10 years in the Social Security thus far that to say we have a short- b 1500 trust fund. We have surpluses projected term, 10-year estimated surplus that in the Medicare trust fund; but Con- may not show up yet is telling only The next chart looks ahead 5 years and then looks back and shows us how gress, at least half a dozen times in the half the story. Because if you look out far off the projections have been in the last year, has voted that we should about 30 years, there is no surplus. Let past. Now I should have mentioned never, ever again spend the Social Se- us talk about 10 years. when I started showing my colleagues curity or the Medicare trust fund sur- This chart shows the 10-year non-So- these charts where they came from. plus. And we should not. cial Security surplus projections. The They are not charts that I put together When the baby boomers begin to re- Congressional Budget Office has given or anybody in the Blue Dog Coalition. tire, and I am one of them, we are us the estimate that there will be $3.22 All of these charts were provided to us going to see a real financial crisis in trillion in surplus over the next 10 by a nonpartisan group called the Con- Washington, because the Social Secu- years. That is their estimate. They also warn us that they could be cord Coalition. rity trust fund and the Medicare trust The Concord Coalition is made up of wrong. They say they could be wrong fund, whose funds have been used dur- a respected group of business execu- because it could be more than that. ing all these 30 years of deficit spend- tives who try to provide the Congress Their most optimistic projection is ing to finance things other than Social the truth with regard to these num- that there will be a $6 trillion surplus Security and Medicare, those funds are bers. The Concord Coalition has outside Social Security and Medicare going to be needed. brought these charts to the floor to over the next 10 years. Their most pes- Mr. Speaker, in fact, in about 14 allow us to show you what they project simistic scenario is that we will be years, for the first time in our history, with regard to the surplus and the tax the payroll tax that is collected to pay back into deficit spending by half a and the budget issue. your Social Security and mine will be trillion dollars. That is without any So here are the projections, and it less than the amount of money we tax cuts, by the way. This is just going shows us how far off they have been in spend every year for Social Security forward like we are going now. the last 20 years. Fortunately, in the benefits. You may say we have been You can see the unreliability of the most recent time frame, the estimates real lucky for a long time. estimate of the surplus that everybody by the Congressional Budget Office We took more in payroll taxes every in Washington seems so anxious, as we have been conservative, and we have year than we paid out in benefits, but say, to give back to the American peo- had larger surpluses than were pro- that is going to change in the year 2014. ple. jected. But in all of the years prior to Some people wonder what is the deal To be honest about the rhetoric, you 1995, the surpluses or the estimates of on this trust fund if you all have been cannot give back something that you the Federal financial condition was off, taking all of this money in. Where is do not even have yet. We do not have and it was off in the wrong direction; the money? Frankly, there is no money that surplus yet. It is a projection, and and we found out that there were defi- in the Social Security trust fund. It an iffy projection at best. cits there that the Congressional Budg- has been used for other things. The So- Here is the chart that shows you a et Office had not projected. cial Security fund, if you went and little bit about the projected surplus, In order to have surpluses into the looked at it today, it simply is an IOU even assuming that the surplus turns future, the economy has to stay strong, backed by the taxpayers of the United out to be just as projected. Forget because the budget projection is based States saying all that money that we about the uncertainty, 84 percent of on an assumption about economic borrowed we are going to promise that the projected non-Social Security sur- growth. The Congressional Budget Of- we will put it back some day, and it is plus comes after the next Presidential fice, when they told the Congress a backed by the taxing power of the Fed- election. month or so ago that we are going to eral Government. I have heard some people tell me that have a surplus, were estimating that It does not sound too promising for folks in Washington might be a little the economy was going to continue to those of you who are here who are bit bold to suggest that we are going to grow at close to the rate that it was under 30, because you are the ones that project the surplus for the next 10 growing about a year ago. have to figure out how to pay it back if years and we are going to give 80 per- I know all of my colleagues have seen your Social Security is going to be cent or 90 percent of that in the tax cut what is happening to the economy, and there for you. which, as I said, would be the last tax right now they say that growth is zero. The Blue Dog Democrats believe we cut we could vote on for 10 years if the If growth is zero and stays there very need to start now to pay back that projections even turned out to be true, long, all of these estimates of the sur- money that we borrowed from Social because the truth of the matter is, 84 plus are going to be flown out of the Security and borrowed from Medicare percent of the surplus occurs after window because they will not be worth and get ready for the retirement of the President Bush’s first term. the paper they are written on. baby boomers when the Social Security Mr. Speaker, now, a lot of us may not This chart shows us based on the past trust fund is going to be the biggest fi- be here to see these numbers in future track record of the Congressional nancial problem faced by the Federal years, the average tenure for a Member Budget Office for 5-year projections Government. of Congress is about 6 years, and there what the variation could be in the esti- The Social Security Administration may be some folks who are serving mated surplus just for the next 5 years, estimates that by 30 years from now, here in later years who might also like not the next 10, just the next 5. that if we kept everything the same, the opportunity to vote for a tax cut. Here we are at the year 2001. We have the same Social Security benefits for But if we go down the course that the been given this optimistic projection of everybody, we would have to have a President is proposing, and even if the a surplus right here on this middle payroll tax that equalled 50 percent of numbers turn out to be true, we are line. But the CBO says, well, it could your payroll check. going to spend all of this surplus esti- be up here; and it could be down here. Now, you know we are not going to mated for 10 years in one tax cut. Should we bet the future on a surplus have a 50 percent tax on your paycheck Some people say that is just not fair. estimate that is as uncertain as this is, to support Social Security, but it sim- Others behind us may have an interest even in the hands of the Congressional ply indicates the degree of the crisis in voting on tax cuts, too. Some have Budget Office that prepared it? I think that we are going to face as more and suggested that perhaps a tax cut to not. more people retire and become eligible spend the surplus that is going to ac- Here is what some of the experts for Social Security. In fact, in about 50 crue over the next 2 years, 3 years, or have to say about the estimate of the

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.088 pfrm02 PsN: H14PT1 H920 CONGRESSIONAL RECORD — HOUSE March 14, 2001 surplus. The Congressional Budget Of- consistently fought in good times and administration is what is our economic fice that prepared it says looking for- hard times not to lose sight of the need plan. Tax policy is simply one part of ward 5 or 10 years allows the Congress to pay down this debt in this country. an economic plan and the economists to consider the longer-term implica- The surplus that we are enjoying is say not even the most significant part. tions of policy changes. But it also in- our surplus, the American people’s sur- There are limitations to what we can creases the likelihood that the budg- plus. The debt that hangs over our do with fiscal policy in terms of our etary decisions will be made on the heads is the American people’s debt. economy. basis of projections that later turn out More accurately, much of the surplus Now we lost massive, multitrillion to have been far wrong. That is the that we enjoy is owing to the people dollar equity in the stock market this folks that prepared the estimate. that went before us, to our parents’ week. There are a lot of Americans How about the Controller General of generation who made the sacrifices, very concerned about the downturn in the United States, David Walker. He who built the universities, the road- this economy and what it means to recently warned members of the Senate ways, the waterways, the infrastruc- their families. Many thousands of Committee on the Budget, and I quote, ture in this country that made this pe- Americans have already lost their jobs. ‘‘No one should design tax or spending riod of prosperity possible. What is the economic plan of the ad- policies pegged to the precise numbers It is their money as much as our gen- ministration and the Congress? How in any 10-year forecast, no matter who eration’s. It is their Social Security does this tax proposal fit into that prepares it.’’ and their Medicare that are under- plan? The reality is there is no plan. Let us read what Alan Greenspan, the funded. There is no plan. chairman of the Federal Reserve We talk about a surplus in Social Se- It is far more important that we Board, told the Congress, specifically curity. Well, I suppose if we look at focus here and now on what we can do the Senate Committee on the Budget today, we can call it that. But if we to turn around these recent downturn on January 25 of this year. Mr. Green- look at the 75-year life of Social Secu- signs, that we can put ourselves back span said, ‘‘Until we receive full detail rity, what at the moment looks like a on the road of incredible prosperity on the distribution by income of indi- surplus over 30 years or over 75 years which we have traveled down for the vidual tax liabilities for 1999, 2000, and looks like a $30 trillion deficit. last 8 years. We have to start focusing perhaps 2001, we are making little more Maybe we should be talking about on the economy and what is our eco- than informed guesses.’’ Informed the Social Security deficit. What are nomic plan. guesses. That is what your Congress is we going to do about that? The only So I urge the Congress and all Ameri- using to determine the financial future plan we have for dealing with Social cans, let us turn our attention together of your Federal Government. Security solvency is the abstract idea in a bipartisan way, in a bipartisan tra- We have several other Blue Dogs here that we will come together on some re- dition that the Blue Dogs represent to who are well versed on some of these form in the future. We do not know finding a tax cut that works for all of issues, and I want to recognize the gen- what that reform is going to look like. the American people that is the size tleman from California (Mr. SCHIFF). We do not know what the reform of that we can afford that does not squan- He has worked long and hard on trying Medicare is going to look like. We do der the investment that our parents to balance the budget; and I know he is not know, as we stand here today, what made, and their Social Security and as familiar as I am, if not more so, the budget looks like. Medicare and does not squander the in- with some of these statistics. Yet, here we are making plans for tax vestment that we owe our children in Mr. Speaker, I yield to the gentleman expenditures over the next decade and good schools and in their future and in from California (Mr. SCHIFF) to talk to beyond based on projections of the sur- low mortgages and giving them the my colleagues a little bit more about plus that may or may not materialize, American dream of homeownership. this very critical issue. that even the people who gave us those Let us work together across party Mr. SCHIFF. Mr. Speaker, we had in projections say are at best informed lines and do what is right for this coun- the past decade the fiscal discipline to guesses about the future; and we are try over the long term. continue paying down the national ready to bet the farm on those guesses Mr. TURNER. Mr. Speaker, the gen- debt of this country. Although there is when we have no plan for Social Secu- tleman from California (Mr. SCHIFF) much debate about what credit the pre- rity and Medicare. has shared, I think, the thoughts that vious administration ought to have for So I became a member of the Blue all Blue Dogs share, and that is the im- the incredible economic successes of Dogs because they are committed to portance of fiscal responsibility and the last decade, I think it is plain that making sure we maintain the dis- the importance of paying down debt as one of the most significant things that cipline in good times and in bad times well as providing tax relief to the that administration did was get our fis- to pay down that debt, that we con- American people. cal house in order; was continue paying sider that we are, not only talking One of the members of the Blue Dog down our national debt; was maintain- about our parents’ generation, the peo- Coalition who has been the most elo- ing the discipline that kept interest ple who made this prosperity possible, quent and outspoken on the issue of rates low; that made homeownership but we are talking about our children public debt and the importance of try- possible for hundreds and thousands of as well and their future. Because, while ing to deal with the public debt while families across this country that had it is the American people’s surplus and we have the opportunity is the gen- never enjoyed the benefits of home- the American people’s debt, it is our tleman from Mississippi (Mr. TAYLOR). ownership, by allowing them to have children’s future that we are talking Mr. Speaker, I yield to the gentleman mortgage payments that they could about. If that debt goes on, if that debt from Mississippi (Mr. TAYLOR) to dis- make by keeping their families to- grows, it is not you and I who will pay cuss this issue. gether under one roof. it. It is our children and their children. Mr. TAYLOR of Mississippi. Mr. Our successes I think over this last So here today we have to talk about Speaker, I want to thank the gen- decade are owing in some strong meas- those that will come after and think tleman from Texas (Mr. TURNER) for ure to that discipline. Now that dis- about those who come after while we yielding to me. I want to thank the cipline is never easy to maintain. It is stand so ready to take credit for sur- young people and not-so-young people not easy to maintain when times are pluses that will not materialize for 5 or in the audience today. I hope I can difficult when we would rather spend 10 years. make this halfway interesting. And the money on programs that will help Now, we have a tax plan; and we will since you cannot talk back to me, I am people that are hurting in this country. have a major tax cut this year, and we going to pretend like you can. It is not easy to maintain that dis- should. And we should. The question is Now, I have town meetings in south cipline in the good times. how large should that tax cut be? How Mississippi. I try to have at least two a One of the things that I admire about large prudently can it be? month. On almost every instance, the Blue Dogs and the reason that I What I think we ought to be debating somebody in the crowd says, Gene, you joined, as a new Member of this Con- just as vigorously, though, that I hear know, we would have plenty of money gress, the Blue Dogs is that they have so little about in this Congress and this for all those really important things,

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.090 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H921 like taking care of our military, taking stuck with this bill. The politicians in us how dangerous that job is. And they care of military retirees, building Washington are telling you that they are in some really crummy places. roads, educating kids if you just did are paying this debt down, and they are They are in some nice places like Bi- not waste so much money. lying to you. I use the word ‘‘lie’’ be- loxi, but they are in some crummy So I am going to pretend like one of cause to intentionally mislead the pub- places like Bosnia and Kosovo right you all said that. I would counter by lic is to lie. now where it is cold, no fun whatso- saying, and probably shocking you Since September of last year, the ever. when I told you that the most wasteful public debt has grown by $61 billion. $61 But the promise made to them is thing our Nation does, we squandered billion, guys, with a ‘‘B,’’ that you are not going to make as $1 billion yesterday, the day before $61,681,170,687.12. We could have built 61 much money as you would if you were that, the day before that, tomorrow, destroyers for that. We could have working in the private sector, but we and every day of the rest of our lives built 12 aircraft carriers for that. There are setting aside a good chunk of on interest on the national debt. is no telling how many miles of high- money so you will have a better-than- Now think about it. If you were to way or how many schools we could average retirement. come down to Pascagoula, Mississippi, have built to help improve the lives of It is sad to find out that of the a town I am very proud to represent, people, how much veterans’ health care money set aside, our Nation now owes and go to Greenville Ship Building, you we could have provided. The entire vet- them $163.5 billion. There is not a would see that we are one of two sup- erans’ health care budget for our entire penny in that account. It has been pliers of naval destroyers, surface Nation is only $20 billion a year. But spent on other things, and yet the ships, for our Navy. The DDG 51, the that is the increase in the national President and the majority leader and greatest destroyer in the world, half of debt, and a billion a day is squandered others will tell us there is a surplus. them are built in Greenville Ship on the interest on the national debt, When you owe a trillion here, $229 bil- Building. the most wasteful thing we do. lion here, $163 billion here, you do not And if you were to see a DDG 51 load- Now I see some of you not-so-young have a surplus, and it gets worse. ed with weapons, loaded with fuel, get- folks in the audience who are probably What about all of these nice folks ting ready to set sail, to go join the close to Social Security age. who work at the Capitol, one of whom fleet, you would probably know that ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gave his life defending a Congressman’s one of those destroyers cost about a The SPEAKER pro tempore (Mr. life a couple of years ago. They pay billion to build. Yet, we only built CANTOR). The Chair must remind the into a public employees’ retirement three of them last year because the gentleman from Mississippi to refrain system with the promise that money is folks in this House, the Committee on from speaking to the gallery. All com- set aside and spent on their retirement. the Budget, said, Well, we do not have ments should be directed to the Chair. They would be very disappointed to enough money to build destroyers. But Mr. TAYLOR of Mississippi. Okay, find out that our Nation owes the Civil we had enough money to spend $1 bil- guys, they called my bluff, I cannot Service Retirement System $501.7 bil- lion a day on interest on the national speak to you anymore. lion. So again, where is this surplus debt. Mr. Speaker, for those Americans that people keep talking about. Now, let me show you, I do not get who are paying into the Social Secu- The truth is that there is no surplus, any great kick out of showing this to rity system and have paid into it, some and the truth is I think one of the rea- people, but I think it is important for a lot longer than others, you would sons Americans are disillusioned with Americans to visualize. When you probably be shocked to know that our their government is for too long politi- think of 5.7 of anything, whether it is Nation owes the Social Security trust cians have been promising them a sur- biscuits or dollars, it does not seem system $1.7 trillion. That is money col- plus when there is not. They have been like many. So 5.7 trillion probably does lected out of every working American’s saying everything is rosy when it is not sink in until you look at it. paycheck with the promise starting in not. That is $5,735,859,380,573.98 that your the Reagan years, a Democratic House, I think the best Americans are those Nation was in debt on the last day of a Republican Senate, a Republican Americans who tell the truth, and I last month. So when the President or President which promised that money think it is time for this Congress to the Speaker or anybody in this town, would be set aside for retirement. They rise to the occasion and tell the Amer- and many reporters get caught up in took the money, but they did not set it ican people the truth. And before we do this game that there is a surplus, tell aside for retirement, it was spent on anything else, before we make any new you that there is a surplus, I would re- other things, and the Nation now owes promises, let us fulfill the promise to mind them, this is coming straight out the Social Security trust system $1.7 Social Security that we already made. of the United States Treasury figures. trillion. Let us fulfill the promise to Medicare That is how broke we are. At the same time, they increased the that we already made, and let us fulfill Now, what is really frightening for fees on Medicare. It is a line item on the promise to our military retirees you young people is, on the day you pay stubs, and they are taking money that we have already made, and let us were born, if you were born before 1980, out and setting it aside. It is supposed fulfill the promise to civil service that our Nation was less than 1 trillion in to help subsidize the cost of your we have already made. debt. So the debt has grown just in the health care after you reach 65. It will Mr. Speaker, I had a nice lady from past 21 years by over $4.700 trillion. not pay for all of it, but it helps a great home write me and say I would like to Now, how does that affect you? Well, deal. have that tax break, and put the think about it. If we go to war tomor- Right now our Nation owes the Medi- money back in Social Security. Mr. row, you 18-year-olds, who is more like- care trust fund $229.2 billion. Right Speaker, you cannot do both. Last ly to fight in it, me or you? You, be- now. The much-vaunted lockbox that year’s surplus when you pulled out the cause you are 18, and I am 47. If the my colleagues talk about, if you trust fund surplus was only $8 billion. schools get messed up, who is more opened it up, you would discover it is Now $8 billion to me is a lot of likely to suffer, me or you? Again you, nothing more than Tupperware; and if money, but it was not really $8 billion because you are still going to school; you opened it up, all you would find is because there were some accounting and I doubt I will ever go back to an IOU for $229 billion. gimmicks; just as if you chose not to school. And if we run up horrible debts How many Americans have devoted make your mortgage payment 1 month as a Nation, who is going to pay the in- their lives to defending our Nation? In and the mortgage was $1,000, and you terest on it the longest, me or you? my life time there was a war in Viet- decided at the end of the month, I have Once again the answer is you. nam. There was the invasion of Gre- a thousand dollar surplus. No, you have nada, there was Desert Storm, Pan- a thousand dollars more that you owe b 1515 ama, Kosovo, Bosnia. Americans are on your mortgage, and you have to pay Mr. Speaker, that is why I get dis- risking their lives today; there was a $2,000 next month to break even. turbed when young people do not take horrible accident that took place in Mr. Speaker, one of the tricks that time to vote because they are getting Kuwait just 2 days ago which reminds was played last year that I am furious,

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.093 pfrm02 PsN: H14PT1 H922 CONGRESSIONAL RECORD — HOUSE March 14, 2001 we normally pay the troops on Sep- copters that young Americans are de- manner that we have not been able to tember 29, a Friday. Almost half of the fending us with right now, risking find ourselves in a position to do, but force now is married and a great many, their lives in right now, but they say we also need to look out for the young almost half, have children. So you have they have enough of a surplus for tax ones coming along and not burden a lot of young guys, onesies, twosies, breaks. I say they are wrong. them with $5-plus trillion of debt with threesies, fours who do not make much I say the most important thing we an interest bill of $1 billion a day. money who have one, two or three chil- can do is to defend our Nation. I say Now, the other point I would like to dren. That is tough to do on an enlisted the most important thing we can do is make is that the House leadership is man’s salary. keep our word, quit lying to the Amer- asking this country to take a risk that One of the gimmicks that the Repub- ican people about the true size of the we do not have to take right now. All lican majority passed last year was to deficit, and, yes, the most important of these budget projections we have delay their pay to October 1. Now for a thing we can do is keep our word to the heard about are, by anyone’s definition Congressman, we make plenty of folks who paid into Medicare, the folks uncertain, speculative in some regards. money. If you delay my pay for a cou- who paid into Social Security, the But more than that, the money is not ple of days, I am going to do okay. But folks who paid into the military retire- here. It is not real. It is not even sup- for an enlisted guy, that means a week- ment trust fund, and the folks who posed to come in, except over the next end of digging around under the couch paid into the civil service retirement 10 years. And then only 29 percent of it for nickels and dimes for baby formula fund. Let us pay back the money we is supposed to show up here in the next and Pampers just so they could move owe to them before we start making 5 years, beyond our new President’s that account from last fiscal year to any new promises to any other Ameri- term of office. Yet we are asked on the this fiscal year so they could show that cans. floor last week and again probably next $2.5 billion pay period like they saved Mr. Speaker, I thank the gentleman week to start spending money, in ei- that money. They did not save that from Texas (Mr. TURNER) very much ther a tax cut or some other way, money. So the $8 billion surplus was for the time. money that has not even shown up yet. only $5.5 billion, and that is one gim- Mr. TURNER. Mr. Speaker, I thank Any prudent businessperson, any per- mick that I caught. No telling how the gentleman from Mississippi. I al- son who is a head of a household, a many others there are. ways am amazed at the common sense family, I do not think would put his or But they are the party that keeps and clarity with which the gentleman her family at risk to the extent that saying that they love the troops. Dog- speaks about the very complicated sub- we are being asked to do, nor would gone it, if you love the troops, pay ject of the debt of the United States. they put the country at risk or their them on time. I think most people fail to recognize business at risk if they had a vote here. Mr. Speaker, how about replacing how much we owe to the Social Secu- And this is a risk that we are being some of that old equipment. All of the rity trust fund, the Medicare trust asked to take on their behalf that we folks who have been talking about a funds, the government employees’ do not have to accept. We do not have surplus, they have been in the majority trust fund, and the military retirees’ to accept just what those who have for 6 years. And in the 6 years that the trust fund. Those are debts that are more votes in this House than we do Republicans have controlled the House going to come due some day and those say. and the Senate, the United States fleet dollars are going to be needed, and a b 1530 has shrunk from 392 vessels to 318. But part of that projected future surplus they keep telling us they are for a certainly needs to be put back in to We say, let us wait and see where we strong national defense. If they are for those trust funds to be prepared for are. We can do a tax cut that we can af- a strong national defense, why do we those retirements that will inevitably ford, and we want to do that. We can do have 74 fewer ships than when we start- occur. some spending on the military, on agri- ed? I am also pleased to have on the floor culture, on education, on medicine that The Constitution says it is Congress’ today a gentleman who is a very active the country desperately needs if we do job to provide for an army or a navy. member of the Blue Dog coalition, a it across the board in a businesslike No money may be spent from the prominent member of the Committee fashion with a budget in place so that Treasury except by appropriation from on Ways and Means, the gentleman we at least have some idea of what the Congress. Would it have been nice if from Tennessee (Mr. TANNER), who will trade-offs are going to be. Had we rath- the President had asked for more address these issues. er retire debt or had we rather con- ships? Absolutely. But last year the Mr. TANNER. Mr. Speaker, I thank tinue to pay a billion dollars a day in Republican Congress did not even build the gentleman for yielding to me, and interest and have our young men and as many ships as Bill Clinton asked for. I want to commend the gentleman women in the armed services of this Now, I think that is a shame, and I from Texas (Mr. TURNER), the gen- country flying around in 30-year-old think we could do a heck of a lot bet- tleman from California (Mr. SCHIFF), helicopters? I do not think that is a ter. the gentleman from Mississippi (Mr. very hard choice, but until we get a Let us take the last thing I want to TAYLOR), and others who have come budget so that we know what the mention before I turn this thing over. out here this afternoon on the floor to trade-offs are, we are flying blind, so to When they say we have all this surplus, talk about the Nation’s debt. speak, as some of those young men and if we have a surplus why are so many The Blue Dogs agree that Americans women are in these 30-year-old heli- young American 18-, 19-, 20-year-old are overtaxed, but we will always be copters. That is an unacceptable risk Marines and Army personnel riding overtaxed as long as we have a billion to them, it is an unacceptable risk to around in 20, I am sorry, 30-year-old dollars a day in interest going out and us and to these young people that are helicopters? If my colleagues were to as long as we have a 14 percent mort- here today, and in my view it is an un- go out today and see a Hughey flying gage on this country. That is one of the acceptable risk for our country. over with Army and Marine markings reasons we are overtaxed. What we What we are saying, basically, is two on it, if they are lucky, they will be want to do as Blue Dogs is to try to things: one, we are overtaxed and we looking at one of the new ones. The keep our eye on the ball and to retire always will be as long as we are car- new ones were built in 1972. If they some of this horrendous national debt rying around this 14 percent mortgage look up and see one of the helicopters that we are leaving to those young peo- on our country; and, secondly, we need with the twin rotors on top, which is ple. That is how we give them a tax a business plan in force and in effect so the CH–46 or CH–47, depending on which break. They do not have a voice here that we know and we hopefully can branch of the service, again if they are now. They cannot vote. make some intelligent trade-offs as to seeing one of the new ones, it was built It is up to us and this generation to how much of the money that belongs to in 1972. protect not only our own country, as the people that we should return to the So all these folks out there telling us the gentleman from Mississippi so elo- people which we want to do, but, more we have a surplus cannot find the quently pointed out with respect to the importantly, what are the needs of this money to replace 30-year-old heli- military, that we need to support in a country.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.095 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H923 I serve on the NATO parliamentary strains that will come with the large For the average family under any- assembly which is the civilian arm of number of people who will be over 65 body’s tax cut proposal, they are not the NATO military alliance, the North and eligible for their Social Security going to see $2,000 a year from tax cuts. Atlantic Treaty Organization, which as and their Medicare. You have got to be up in the upper-in- many of my colleagues know came into We talk a lot about projections. The come limits to get $2,000 a year. The being after World War II. I have been to projection of the estimated surplus is Blue Dog Democrats say a combination several countries as a result of that no more than a projection, as the gen- of responsible tax cuts and paying duty, and I have yet to see a country tleman from Tennessee pointed out. It down debt will put more money in the anywhere on this planet Earth that is is not here yet. It may never be here back pocket of most American families strong and free and is broke. There is yet. But what we do know for certain, than tax cuts alone, because we will not one, there never has been one, and and it is indisputable, that there will get lower interest rates from paying there never will be one. be many, many people retiring in just down debt and more importantly per- That is why we sound like Johnny a few years that will cause the Social haps is we will prepare for the retire- one-note on retiring some of this debt. Security system to very quickly be- ment of the baby boom generation to That is why we say, keep your eye on come insolvent unless we decide now, ensure that there is no looming finan- the ball, Congress; continue to pay in advance, how to fix it. cial crisis facing this country. That is down the debt. As we can afford and as Blue Dog Democrats have worked the Blue Dog message. That is what we the money shows up, let us return it to hard to try to urge this House to de- are going to fight for. That is why we the people who earned it, but let us bate and adopt a budget first before we believe we need to have a budget de- have votes on major tax cuts, because also take care of the needs of this bate and a responsible budget with no businessman and no head of house- country and the people who live here. spending caps before we decide how big hold of any family in this country Let us take care of the medicine needs the tax cut can be. that people have, particularly the aged could ever determine how much is Democrats in this House want the available to spend until first they sit population, with a prescription drug biggest tax cut we can afford. But we down and draw up a budget and stick to benefit. Many people need that and have not decided yet how much we it. This House needs to do that. The need it desperately. There is no reason really can afford. We have never had a Senate, on the other hand, has already we cannot do it if we do things across budget debate. We have never passed a agreed that they will adopt the budget the board with known trade-offs as to resolution before they vote on tax cuts. budget. It does not matter whether the where we are and where we are going. President sends over a budget and says In my own business at home with my In the House, it seems that it is more important to create the appearance of we are going to hold spending to 4 per- brothers and my father, I would not having tax cuts pass than it is to deal cent a year, or it does not matter take a risk that we are being asked to with it in a realistic way to ensure whether I send one down here on the take when we have these tax bills come that the fiscal soundness of the Federal floor of the House. The way this place through the House here without any Government is preserved for the future. works is we debate it out, we have dif- budget. I do not think that you want us We are in very difficult economic ferent points of view, and at the end of to take that risk. As I have said, at the times. The stock market seems to go the day we take votes. It is that proc- pain of repeating myself, it is a risk up one day and down the next. Many ess that determines what the Federal the country does not have to take right people have said we need tax cuts. Government’s budget will be. Until you now. We can do better than what we Frankly, we all want to see taxes re- do that, until you go through that bat- have done. We should do better than duced. But the bulk of the surplus that tle and you decide how much you are what we have done. And if we can get we are talking about in Washington for going to set aside for Medicare, Social the support of people who believe that tax cuts is not here now, and it will not Security, prescription drug coverage, retiring debt and not taking heedless be here for several years. Eighty-four national defense, education, paying or unnecessary risk is important to the percent of the projected surplus over down debt and tax cuts, there is no way country, it is a fight that we hopefully the next 10 years arrives after Presi- you can determine how big a tax cut can eventually succeed in. dent Bush’s 4-year term in office. So we you can afford. That is what the Blue Mr. Speaker, I want to thank the do not have a lot of surplus to be Dogs are fighting for in this House. gentleman from Texas again for taking spending, or to be giving back in tax That is the message of fiscal responsi- this time this afternoon and allowing cuts. The surplus estimate may never bility that we intend to carry through- some of us to come down and talk arrive. In my view, the best thing we out this debate. about the priorities of the country and can do for economic stability in this Mr. Speaker, I would like to yield the talk about the children of this country country is for Washington to show that final portion of our time to the gen- and the education that they must have we know how to balance our books, we tleman from California (Mr. SCHIFF), for this country to remain strong and know how to get ready for the looming who has another subject that he would free and also to try to put as best we crisis in Social Security and Medicare, like to address to this House. can the financial integrity of the we know how to prevent this country CONDEMNING DESTRUCTION OF PRE-ISLAMIC United States Treasury back where it from going back into deficit spending, STATUES IN AFGHANISTAN rightfully belongs. we know how to pay down the national Mr. SCHIFF. Mr. Speaker, I thank Mr. TURNER. I thank the gentleman debt so we can quit paying a billion the gentleman from Texas for yielding from Tennessee, and I appreciate his dollars a day in interest payments and me a little time at the end of the after- commitment to trying to restore fiscal so that we can see the lower interest noon. responsibility to our Federal Govern- rates that every economist agrees will Mr. Speaker, I rise today to condemn ment. It would seem to me that after 30 occur if we will pay down the national a deplorable act that has taken place years of deficit spending when we only debt. halfway around the world with reper- last year saw the first surplus in 30 I read the other day that interest cussions on our ability to protect the years, that we could somehow, some rates could go down 2 percent over the world’s heritage and to preserve world way figure out how to stay on the next 10 years if we could pay down the history for future generations. course of fiscal responsibility and con- publicly held portion of the national On February 26 of this year, the tinue to not only run surpluses but to debt. That would be a wonderful thing. Taliban ordered the destruction of pre- be sure that we are paying down that If you are trying to buy a new home Islamic statues in Afghanistan, among $5.7 trillion national debt that the gen- and you have borrowed $100,000 to do it, them a pair of massive Buddhas carved tleman from Mississippi talked about a 2 percent lower interest rates means out of a mountainside and towering few minutes ago, to allow us to be pre- $2,000 a year to you. If you are trying over 100 feet. Two days ago, on March pared for the real financial crisis that to expand your business and you find 12, UNESCO’s special envoy to Afghani- is coming in the next few years when out that you need to borrow $100,000 to stan confirmed what the international the baby boomers begin to retire and do it, 2 percent lower interest rates community feared most, the complete the Social Security system and the means $2,000 in savings to your busi- destruction of the 1,600-year-old stat- Medicare system experience the great ness. ues in the Bamiyan province.

VerDate 23-FEB-2001 01:30 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.097 pfrm02 PsN: H14PT1 H924 CONGRESSIONAL RECORD — HOUSE March 14, 2001 In the words of UNESCO chief December 8, 2000: of the Northern Mariana Islands, and for Koichiro Matsuura, ‘‘It is abominable H.J. Res. 128. Joint resolution making fur- other purposes. to witness the cold and calculated de- ther continuing appropriations for the fiscal H.R. 4907. An act to establish the James- year 2001, and for other purposes. town 400th Commemoration Commission, struction of cultural properties which December 11, 2000: were the heritage of the Afghan people and for the other purposes. H.J. Res. 129. An act making further con- December 27, 2000: and, indeed, of the whole of humanity.’’ tinuing appropriations for the fiscal year H.R. 5528. An act to authorize the construc- I have introduced a resolution con- 2001, and for other purposes. tion of a Wapka Sica Reconciliation Place in demning the Taliban’s destruction of December 15, 2000: Fort Pierre, South Dakota, and for other pre-Islamic statues in Afghanistan and H.J. Res. 133. Joint resolution making fur- purposes. calling for the immediate access for ther continuing appropriations for the fiscal H.R. 5630. An act to authorize appropria- UNESCO representatives to survey the year 2001, and for other purposes. tions for fiscal year 2001 for intelligence and December 19, 2000: intelligence-related activities of the United damage. House Concurrent Resolution H.R. 3048. An act to amend section 879 of States Government, the Community Man- 52 sends a strong message that reli- title 18, United States Code, to provide clear- agement Account, and the Central Intel- gious intolerance of any kind is unac- er coverage over threats against former ligence Agency Retirement and Disability ceptable and must immediately be Presidents and members of their families, System, and for other purposes. and for other purposes. stopped. H.R. 5640. An act to expand homeownership H.R. 4281. An act to establish, wherever One of the most cosmopolitan regions in the United States, and for other purposes. feasible, guidelines, recommendations, and in the world at one time and host to December 28, 2000: regulations that promote the regulatory ac- merchants, travelers, and artists from H.R. 207. An act to amend title 5, United ceptance of new or revised scientifically China, Central Asia and the Roman States Code, to make permanent the author- valid toxicological tests that protect human Empire, today Afghanistan is one of ity under which comparability allowances and animal health and the environment may be paid to Government physicians, and the most repressive and intolerant while reducing, refining, or replacing animal to provide that such allowances be treated as countries in the world as a result of the tests and ensuring human safety and product part of basic pay for retirement purposes. actions of its ruling Taliban faction. effectiveness. The destruction was ordered and car- H.R. 4640. An act to make grants to States H.R. 2816. An act to establish a grant pro- ried out for fear that those ancient for carrying out DNA analyses for use in the gram to assist State and local law enforce- Combined DNA Index System of the Federal ment in deterring, investigating, and pros- statues may be used for idol worship. ecuting computer crimes. Destroying those unique creations Bureau of Investigation, to provide for the collection and analysis of DNA samples from H.R. 3594. An act to repeal the modifica- which had withstood the test of time tion of the installment method. and the elements of nature on the basis certain violent and sexual offenders for use in such system, and for other purposes. H.R. 4020. An act to authorize the addition of an irrational fear motivated by in- H.R. 4827. An act to amend title 18, United of land to Sequoia National Park, and for tolerance of other cultures and reli- States Code, to prevent the entry by false other purposes. gions is simply unacceptable. pretenses to any real property, vessel, or air- H.R. 4656. An act to authorize the Forest The destruction of the pre-Islamic craft of the United States or secure area of Service to convey certain lands in the Lake statues also contradicts the basic tenet any airport, to prevent the misuse of genuine Tahoe Basin to the Washoe County School of Islam that requires tolerance of and counterfeit police badges by those seek- District for use as an elementary school site. other religions. People of all faiths and ing to commit a crime, and for other pur- December 29, 2000: H.R. 1795. An act to amend the Public nationalities, including Muslim com- poses. December 20, 2000: Health Service Act to establish the National munities around the world, condemn H.R. 3514. An act to amend the public Institute of Biomedical Imaging and Bio- the destruction of these statues which Health Service Act to provide for a system of engineering. were part of the common heritage of sanctuaries for chimpanzees that have been f mankind. It is imperative we join the designated as being no longer needed in re- people and governments around the search conducted or supported by the Public SENATE BILLS APPROVED BY THE world in condemning the senseless act Health Service, and for other purposes. PRESIDENT H.R. 5016. An act to redesignate the facility of destruction of our joint cultural her- The President notified the Clerk of itage and call on the Taliban regime to of the United States Postal Service located at 514 Express Center Road in Chicago, Illi- the House that on the following dates immediately cease and desist any fur- nois, as the ‘‘J.T. Weeker Service Center.’’ he had approved and signed bills of the ther destruction of other pre-Islamic December 21, 2000: Senate of the following titles: relics. H.R. 2903. An act to reauthorize the Striped November 22, 2000: f Bass Conservation Act, and for other pur- S. 11. An act for the relief of Wei poses. HOUSE BILLS AND JOINT RESOLU- Jingsheng. H.R. 4577. An act making consolidated ap- S. 150. An act for the relief of Marina TIONS APPROVED BY THE PRESI- propriations for the fiscal year ending Sep- Khalina and her son, Albert Miftakhov. DENT tember 30, 2001, and for other purposes. S. 276. An act for the relief of Sergio H.R. 4942. An act making appropriations Lozano. The President notified the Clerk of for the government of the District of Colum- S. 768. An act to Amend title 18, United the House that on the following dates bia and other activities chargeable in whole States Code, to establish Federal jurisdic- he had approved and signed bills and or in part against the revenues of said Dis- tion over offenses committed outside the joint resolutions of the following titles: trict for the fiscal year ending September 30, United States by persons employed by or ac- 2001, and for other purposes. November 22, 2000: companying the Armed Forces, or by mem- H.R. 2346. An act to authorize the enforce- H.R. 5210. An act to designate the facility of the United States Postal Service located bers of the Armed Forces who are released or ment by State and local governments of cer- separated from active duty prior to being tain Federal Communications Commission at 200 South George Street in York, Pennsyl- identified and prosecuted for the commission regulations regarding use of citizens band vania, as the ‘‘George Atlee Goodling Post of such offenses, and for other purposes. radio equipment. Office Building.’’ H.R. 5633. An act making appropriations H.R. 5461. An act to amend the Magnuson- S. 785. An act for the relief of Frances for the government of the District of Colum- Stevens Fishery Conservation and Manage- Schochenmaier and Mary Hudson. bia and other activities chargeable in whole ment Act to eliminate the wasteful and un- S. 869. An act for the relief of Mina Vahedi or in part against the revenues of said Dis- sportsmanlike practice of shark finning. Notash. trict for the fiscal year ending September 30, December 23, 2000: S. 1078. An act for the relief of Mrs. Eliza- 2001, and for other purposes. H.R. 1653. An act to complete the orderly beth Eka Bassey, Emmanuel O. Paul Bassey, December 5, 2000: withdrawal of the NOAA from the civil ad- and Mary Idongesit Paul Bassey. H.J. Res. 126. Joint resolution making fur- ministration of the Pribilof Islands, Alaska, S. 1513. An act for the relief of Jacqueline ther continuing appropriations for the fiscal and to assist in the conservation of coral Salinas and her children Gabriela Salinas, year 2001, and for other purposes. reefs, and for other purposes. Alejandro Salinas, and Omar Salinas. December 6, 2000: H.R. 2570. An act to require the Secretary S. 1670. An act to revise the boundary of H.R. 2941. An act to establish the Las of the Interior to undertake a study regard- Fort Matanzas National Monument, and for Cienegas National Conservation Area in the ing methods to commemorate the national other purposes. State of Arizona. significance of the United States roadways S. 1880. An act to amend the Public Health December 7, 2000: that comprise the Lincoln Highways, and for Service Act to improve the health of minor- H.J. Res. 127. Joint resolution making fur- other purposes. ity individuals. ther continuing appropriations for the fiscal H.R. 3756. An act to establish a standard S. 1936. An act to authorize the Secretary year 2001, and for other purposes. time zone for Guam and the Commonwealth of Agriculture to sell or exchange all or part

VerDate 23-FEB-2001 01:35 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.099 pfrm02 PsN: H14PT1 March 14, 2001 CONGRESSIONAL RECORD — HOUSE H925 of certain administrative sites and other Na- S. 3045. An act to improve the quality, marks and include extraneous mate- tional Forest System land in the State of Or- timeliness, and credibility of forensic science rial:) egon and use the proceeds derived from the services for criminal justice purposes, and Mrs. BIGGERT, for 5 minutes, today. sale or exchange for National Forest System for other purposes. (The following Member (at her own purposes. December 23, 2000: S. 2000. An act for relief of Guy Taylor. S. 1694. An act to direct the Secretary of request) to revise and extend her re- S. 2002. An act for the relief of Tony Lara. the Interior to conduct a study on the rec- marks and include extraneous mate- S. 2019. An act for the relief of Malia Mil- lamation and reuse of water and wastewater rial:) ler. in the State of Hawaii, and for other pur- Ms. MILLENDER-MCDONALD, for 5 min- S. 2020. An act to adjust the boundary of poses. utes, today. the Natchez Trace Parkway, Mississippi, and December 27, 2000: (The following Member (at her own for other purposes. S. 2943. An act to authorize additional as- S. 2289. An act for the relief of Jose Guada- request) to revise and extend her re- sistance for international malaria control, lupe Tellez Pinales. marks and include extraneous mate- and for other purposes. S. 2440. An act to amend title 49, United December 28, 2000: rial:) States Code, to improve airport security. Mrs. CAPPS, for 5 minutes, today. S. 2485. An act to direct the Secretary of S. 1761. An act to direct the Secretary of the Interior, through the Bureau of Reclama- (The following Member (at her own the Interior to provide assistance in plan- request) to revise and extend her re- ning and constructing a regional heritage tion, to conserve and enhance the water sup- center in Calais, Maine. plies of the Lower Rio Grande Valley. marks and include extraneous mate- S. 2547. An act to provide for the establish- S. 2749. An act to establish the California rial:) ment of the Great Sand Dunes National Park Trail Interpretive Center in Elko, Nevada, to Ms. SLAUGHTER, for 5 minutes, today. and Preserve and the Baca National Wildlife facilitate the interpretation of the history of (The following Member (at his own Refuge in the state of Colorado, and for development and use of trails in the settling of the western portion of the United States, request) to revise and extend his re- other purposes. marks and include extraneous mate- S. 2712. An act to amend chapter 35 of title and for other purposes. 31, United States Code, to authorize the con- S. 2924. An act to strengthen the enforce- rial:) solidation of certain financial and perform- ment of Federal statutes relating to false Mr. INSLEE, for 5 minutes, today. ance management reports required of Fed- identification, and for other purposes. (The following Member (at her own eral agencies and for other purposes. S. 3181. An act to establish the White request) to revise and extend her re- S. 2773, An act to amend the Agricultural House Commission on the National Moment marks and include extraneous mate- Marketing Act of 1946 to enhance dairy mar- of Remembrance, and for other purposes. rial:) kets through dairy product mandatory re- f Ms. BALDWIN, for 5 minutes, today. porting, and for other purposes. S. 2789, An act to amend the Congressional SPECIAL ORDERS GRANTED (The following Member (at her own request) to revise and extend her re- Award Act to establish a Congressional Rec- By unanimous consent, permission to ognition for Excellence in Arts Education marks and include extraneous mate- Board. address the House, following the legis- rial:) lative program and any special orders S. 3164. An act to protect seniors from Ms. SOLIS, for 5 minutes, today. fraud. heretofore entered, was granted to: S. 3194. An act to designate the facility of (The following Members (at the re- f the United States Postal Service located at quest of Mr. PALLONE) to revise and ex- ADJOURNMENT 431 North George Street in Millersville, tend their remarks and include extra- Mr. TURNER. Mr. Speaker, I move Pennsylvania, as the ‘‘Robert S. Walker Post neous material:) Office’’. that the House do now adjourn. S. 3239. An act to amend the Immigration Mr. POMEROY, for 5 minutes, today. The motion was agreed to; accord- and Nationality Act to provide special immi- Ms. NORTON, for 5 minutes, today. ingly (at 3 o’clock and 44 minutes grant status for certain United States inter- Mr. LANGEVIN, for 5 minutes, today. p.m.), the House adjourned until to- national broadcasting employees. Ms. WOOLSEY, for 5 minutes, today. morrow, Thursday, March 15, 2001, at 10 December 11, 2000: Mr. DAVIS of Illinois, for 5 minutes, a.m. S. 2796. An act to provide for the conserva- today. tion and development of water and related f Mr. SCHIFF, for 5 minutes, today. resources, to authorize the Secretary of the EXECUTIVE COMMUNICATIONS, Army to construct various projects for im- Mr. KIND, for 5 minutes, today. provements to rivers and harbors of the Mr. HONDA, for 5 minutes, today. ETC. United States, and for other purposes. Mr. PALLONE, for 5 minutes, today. Under clause 8 of rule XII, executive December 19, 2000: Ms. CARSON of Indiana, for 5 minutes, communications were taken from the S. 1972. An act to direct the Secretary of today. Speaker’s table and referred as follows: Agriculture to convey to the town of Dolo- Mr. ALLEN, for 5 minutes, today. res, Colorado, the current site of the Joe 1200. A letter from the Assistant to the Mr. MOORE, for 5 minutes, today. Rowell Park. Board, Board of Governors of the Federal Re- S. 2594. An act to authorize the Secretary Mr. CARSON of Oklahoma, for 5 min- serve System, transmitting the Board’s final of the Interior to contract with the Mancos utes, today. rule—Electronic Fund Transfers [Regulation Water Conservancy District to use the Mr. BACA, for 5 minutes, today. E; Docket No. R–1077] received March 5, 2001, Mancos Project facilities for impounding, Mr. GREEN of Texas, for 5 minutes, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- storage, diverting, and carriage of non- today. mittee on Financial Services. 1201. A letter from the Deputy Executive project water for the purpose of irrigation, (The following Members (at the re- domestic, municipal, industrial, and any Secretary to Department, Health Care Fi- quest of Mr. FOLEY) to revise and ex- other beneficial purposes. nancing Administration, Department of S. 3137. An act to establish a commission tend their remarks and include extra- Health and Human Services, transmitting to commemorate the 250th anniversary of neous material:) the Department’s ‘‘Major’’ final rule—Med- the birth of James Madison. Mr. SIMMONS, for 5 minutes, March icaid Program; Change in Application of December 21, 2000: 20. Federal Financial Participation Limits: S. 439. An act to amend the National For- Mr. FOLEY, for 5 minutes, today. Delay of Effective Date [HCFA–2086–F2] (RIN: 0938–AJ96) received March 14, 2001, pur- est and Public Lands of Nevada Enhance- Mr. ENGLISH, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment Act of 1988 to adjust the boundary of (The following Member (at her own the Toiyabe National Forest, Nevada, and to mittee on Energy and Commerce. amend chapter 55 of title 5, United States request) to revise and extend her re- 1202. A letter from the Special Assistant to Code, to authorize equal overtime pay provi- marks and include extraneous mate- the Bureau Chief, Mass Media Bureau, Fed- sions for all Federal employees engaged in rial:) eral Communications Commission, transmit- wildland fire suppression operations. Ms. WATERS, for 5 minutes, today. ting the Commission’s final rule—Amend- S. 1508. An act to provide technical and (The following Member (at her own ment of Section 73.202(b), Table of Allot- legal assistance to tribal justice systems and request) to revise and extend her re- ments, FM Broadcast Stations (Burke, South members of Indian tribes, and for other pur- marks and include extraneous mate- Dakota) [MM Docket No. 00–16; RM–9805]; poses. (Marietta, Mississippi) [MM Docket No. 00– S. 1898. An act to provide protection rial:) 146; RM–9937]; (Lake City, Colorado) [MM against the risks to the public that are in- Mrs. MORELLA, for 5 minutes, today. Docket No. 00–147; RM–9938]; (Glenville, West herent in the interstate transportation of (The following Member (at her own Virginia) [MM Docket No. 00–212; RM–9988]; violent prisoners. request) to revise and extend her re- (Pigeon Forge, Tennessee) [MM Docket No.

VerDate 23-FEB-2001 01:35 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.027 pfrm02 PsN: H14PT1 H926 CONGRESSIONAL RECORD — HOUSE March 14, 2001 00–213; RM–9989]; (Lincolnton, Georgia) [MM mation Officer, Department of the Treasury, tion for Fiscal Year 1999, pursuant to 42 Docket No. 00–214; RM–9990] received March transmitting the Department of Treasury’s U.S.C. 3217; jointly to the Committees on 6, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Commercial Activities Inventory in accord- Transportation and Infrastructure and Fi- the Committee on Energy and Commerce. ance with the Federal Activities Inventory nancial Services. 1203. A letter from the Associate Division Reform Act; to the Committee on Govern- f Chief, Accounting Policy Division, Common ment Reform. Carrier Bureau, Federal Communications 1212. A letter from the Managing Director, REPORTS OF COMMITTEES ON Commission, transmitting the Commission’s Federal Communications Commission, trans- PUBLIC BILLS AND RESOLUTIONS final rule—Implementation of the Subscriber mitting a copy of the FY 2000 commercial in- Carrier Selection Changes Provisions of the ventory submission; to the Committee on Under clause 2 of rule XIII, reports of Telecommunications Act of 1996 [CC Docket Government Reform. committees were delivered to the Clerk No. 94–129] Policies and Rules Concerning 1213. A letter from the Executive Officer, for printing and reference to the proper Unauthorized Changes of Consumers Long National Science Board, transmitting a copy calendar, as follows: Distance Carriers—received March 6, 2001, of the annual report in compliance with the Mr. HASTINGS of Washington: Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government in the Sunshine Act during the on Rules. mittee on Energy and Commerce. calendar year 2000, pursuant to 5 U.S.C. House Resolution 89. Resolution providing 1204. A letter from the Special Assistant to 552b(j); to the Committee on Government Re- for consideration of the bill (H.R. 327) to the Bureau Chief, Mass Media Bureau, Fed- form. amend chapter 35 of title 44, United States eral Communications Commission, transmit- 1214. A letter from the Chair, Railroad Re- ting the Commission’s final rule—Amend- Code, for the purpose of facilitating compli- tirement Board, transmitting the Annual ance by small businesses with certain Fed- ment of Section 73.202(b), FM Table of Allot- Report of the Railroad Retirement Board for ments, FM Broadcast Stations (Heber, Ari- eral paperwork requirements and to estab- Fiscal Year 2000, pursuant to 45 U.S.C. lish a task force to examine the feasibility of zona) [MM Docket No. 00–189; RM–9984]; 231f(b)(6); to the Committee on Government (Snowflake, Arizona) [MM Docket No. 00–190; streamlining paperwork requirements appli- Reform. cable to small businesses (Rept. 107–22). Re- RM–9985]; (Overgaard, Arizona) [MM Docket 1215. A letter from the Acting Adminis- ferred to the House Calendar. No. 00–191; RM–9986]; (Taylor, Arizona) [MM trator for Ocean Services and Coastal Zone Docket No. 00–192; RM–9987] received March Management, National Oceanic and Atmos- f 6, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to pheric Administration, transmitting the Ad- PUBLIC BILLS AND RESOLUTIONS the Committee on Energy and Commerce. ministration’s final rule—Florida Keys Na- 1205. A letter from the Associate Division tional Marine Sanctuary Regulations [Dock- Under clause 2 of rule XII, public Chief, Accounting Policy Division, Common et No. 000510129–1004–02] (RIN: 0648–A018) re- bills and resolutions of the following Carrier Bureau, Federal Communications ceived March 8, 2001, pursuant to 5 U.S.C. titles were introduced and severally re- Commission, transmitting the Commission’s 801(a)(1)(A); to the Committee on Resources. ferred, as follows: final rule—Implementation of the Subscriber 1216. A letter from the Acting Assistant Carrier Selection Changes Provisions of the Administrator for Fisheries, NMFS, National By Ms. DUNN (for herself, Mr. TANNER, Telecommunications Act of 1996 [CC Docket Oceanic and Atmospheric Administration, Mr. COX, Mr. ABERCROMBIE, Mr. No. 94–129] Policies and Rules Concerning transmitting the Administration’s final BROWN of South Carolina, Mr. Unauthorized Changes of Consumers Long rule—Fisheries of the Northeastern United CULBERSON, Mr. EVERETT, Mr. GOODE, Distance Carriers—received March 6, 2001, States; Atlantic Mackerel, Squid, and Mr. COOKSEY, Mr. BACHUS, Mr. PENCE, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Butterfish Fisheries; 2001 Specifications and Mr. LAHOOD, Mr. SHADEGG, Mr. DUN- mittee on Energy and Commerce. Foreign Fishing Restrictions [Docket No. CAN, Mr. WHITFIELD, Mr. SAXTON, Mr. 1206. A letter from the Director, Inter- 001127331–1044–02; I.D. 102600B] (RIN: 0648– BONILLA, Mrs. ROUKEMA, Mrs. national Cooperation, Department of De- AN69) received March 6, 2001, pursuant to 5 BIGGERT, Mr. FERGUSON, Mr. fense, transmitting a copy of Transmittal U.S.C. 801(a)(1)(A); to the Committee on Re- GILCHREST, Mr. RADANOVICH, Mr. No. 07–01 which informs of the planned signa- sources. SHAW, Mr. MALONEY of Connecticut, ture of the Memorandum of Understanding 1217. A letter from the Acting Chief, Regu- Mr. SAM JOHNSON of Texas, Mr. between the United Kingdom and the United lations Division, ATF, Department of the TANCREDO, Mr. BOUCHER, Mr. TRAFI- States concerning the Development, Docu- Treasury, transmitting the Department’s CANT, Mr. KELLER, Mr. BURTON of In- mentation, Production and Initial Fielding final rule—Distribution and Use of Tax-Free diana, Mr. SHOWS, Mr. GARY MILLER of Military Satellite Communications, pur- Alcohol (2000R–294P) [T.D. ATF–443; Ref: No- of California, Mr. ROGERS of Michi- suant to 22 U.S.C. 2767(f); to the Committee tice No. 828] (RIN: 1512–AB57) received March gan, Mr. CUNNINGHAM, Mr. ROYCE, Mr. on International Relations. 9, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to GREENWOOD, Mr. SMITH of Texas, Mr. 1207. A letter from the Director, Inter- FOLEY, Mr. HAYWORTH, Mr. WELLER, national Cooperation, Department of De- the Committee on Ways and Means. 1218. A letter from the Acting Chief, Regu- Mr. KIRK, Mr. YOUNG of Alaska, Mr. fense, transmitting a copy of Transmittal BAIRD, Mr. WAMP, Mr. DOOLEY of No. 01–01 which informs of the planned signa- lations Division, ATF, Department of the California, Mr. EHLERS, Mr. CANTOR, ture of the Memorandum of Understanding Treasury, transmitting the Department’s Mr. POMBO, Mr. SIMMONS, Mr. CAMP, Concerning Cooperation in Navigation War- final rule—West Elks Viticultural Area Mr. MCINTYRE, Mr. HAYES, Mr. fare Technology Demonstrator and System (2000R–257P) [T.D. ATF–445; RE: Notice No. NETHERCUTT, Ms. HART, Mr. BARTON Prototype Projects with Australia and the 904] (RIN: 1512–AA07) received March 9, 2001, of Texas, Mrs. WILSON, Mr. HALL of United Kingdom, pursuant to 22 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Texas, Mr. HYDE, Mr. WOLF, Mr. 2767(f); to the Committee on International mittee on Ways and Means. SUNUNU, Mr. GRUCCI, Mr. CALLAHAN, Relations. 1219. A letter from the Acting Chief, Regu- Mr. RYAN of Wisconsin, Mrs. KELLY, 1208. A letter from the Acting Assistant lations Division, ATF, Department of the Secretary for Legislative Affairs, Depart- Treasury, transmitting the Department’s Mr. LARGENT, Mr. DEAL of Georgia, ment of State, transmitting certification of final rule—Formulas for Denatured Alcohol Mr. CANNON, Mr. ADERHOLT, Mr. a proposed license for the export of defense and Rum (2000R–295P) [T.D. ATF–442; Ref: CRANE, Ms. GRANGER, Mr. BLUNT, Mr. articles or defense services sold commer- Notice No. 832] (RIN: 1512–AB60) received GREEN of Wisconsin, Mr. HERGER, Mr. cially under a contract to Japan [Trans- March 9, 2001, pursuant to 5 U.S.C. ENGLISH, Mr. LOBIONDO, Mr. JENKINS, mittal No. DTC 006–01], pursuant to 22 U.S.C. 801(a)(1)(A); to the Committee on Ways and Mr. PITTS, Mr. LEWIS of California, 2776(c); to the Committee on International Means. Mr. OXLEY, Mr. RILEY, Mr. Relations. 1220. A letter from the Principal Deputy CHAMBLISS, Mr. WATTS of Oklahoma, 1209. A communication from the President Under Secretary of Defense, Department of Mrs. NORTHUP, Mr. OSE, Mr. SMITH of of the United States, transmitting the Presi- Defense, transmitting the annual reports New Jersey, Mr. LEWIS of Kentucky, dent’s bimonthly report on progress toward a that set out the current amount of out- Mr. LUCAS of Oklahoma, Mr. SIMP- negotiated settlement of the Cyprus ques- standing contingent liabilities of the United SON, Mr. PETERSON of Pennsylvania, tion, covering the period December 1, 2000 to States for vessels insured under the author- Mr. MCCRERY, Mrs. BONO, Mr. CAL- January 31, 2001, pursuant to 22 U.S.C. ity of Title XII of the Merchant Marine Act VERT, Mr. NEY, Mr. DOOLITTLE, Mr. 2373(c); to the Committee on International of 1936, and for aircraft insured under the au- HUNTER, Mr. SKEEN, Mr. HOEKSTRA, Relations. thority of chapter 433 of Title 49, United Mr. LATOURETTE, Mr. SHIMKUS, Mr. 1210. A letter from the Chairman, Council States Code, pursuant to Public Law 104— FLETCHER, Ms. CAPITO, Mr. EHRLICH, of the District of Columbia, transmitting a 201, section 1079(a) (110 Stat. 2670); jointly to Mr. BISHOP, Mr. ROHRABACHER, Mr. copy of D.C. ACT 13–408, ‘‘Insurance Eco- the Committees on Armed Services and BOEHLERT, Mr. RYUN of Kansas, Mr. nomic Development Amendment Act of 2000’’ Transportation and Infrastructure. CRAMER, Mrs. EMERSON, Mr. SCHAF- received March 14, 2001, pursuant to D.C. 1221. A letter from the Acting Assistant FER, Mr. SESSIONS, Mr. ISAKSON, Ms. Code section 1—233(c)(1); to the Committee Secretary for Economic Development, Eco- ROS-LEHTINEN, Mr. BURR of North on Government Reform. nomic Development Administration, trans- Carolina, Mr. BARR of Georgia, Mr. 1211. A letter from the Acting Assistant mitting the annual report on the activities HASTINGS of Washington, Mr. MILLER Secretary for Management and Chief Infor- of the Economic Development Administra- of Florida, Mr. HORN, Mr. RAMSTAD,

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Mr. MCHUGH, Mr. WALSH, Mr. GIBBONS, Mr. GILCHREST, Mr. H.R. 1013. A bill to promote recreation on CRENSHAW, Mr. NORWOOD, Mr. COBLE, GILLMOR, Mr. GOSS, Mr. GONZALEZ, Federal lakes, to require Federal agencies Mr. NUSSLE, Mr. PLATTS, Mr. JONES Mr. GOODE, Mr. GOODLATTE, Mr. GOR- responsible for managing Federal lakes to of North Carolina, Mr. GEKAS, Mr. DON, Ms. GRANGER, Mr. GRAVES, Mr. pursue strategies for enhancing recreational ROGERS of Kentucky, Mr. BASS, Mr. GREEN of Texas, Mr. GREEN of Wis- experiences of the public, and for other pur- TERRY, Mr. SCHROCK, Mr. GOODLATTE, consin, Mr. GREENWOOD, Mr. HALL of poses; to the Committee on Resources, and Mr. TOOMEY, Mr. WICKER, Mr. Texas, Mr. HALL of Ohio, Ms. HART, PORTMAN, Mr. TAUZIN, Mr. HANSEN, Mr. HASTINGS of Washington, Mr. in addition to the Committees on Transpor- Mr. ARMEY, Mr. HILLEARY, Mr. HAYES, Mr. HAYWORTH, Mr. HEFLEY, tation and Infrastructure, and Agriculture, MCINNIS, Mr. COMBEST, Mr. DELAY, Mr. HERGER, Mr. HILL, Mr. HILLEARY, for a period to be subsequently determined Mrs. CUBIN, Mr. LINDER, Mr. MICA, Mr. HOBSON, Mr. HOLDEN, Ms. HOOLEY by the Speaker, in each case for consider- Mrs. MCCARTHY of New York, Mr. of Oregon, Mr. HORN, Mr. HOYER, Mr. ation of such provisions as fall within the ju- FRELINGHUYSEN, Mr. BERRY, Mr. HULSHOF, Mr. HOLT, Mr. HUTCHINSON, risdiction of the committee concerned. JOHN, Mr. CONDIT, Mr. SANDLIN, Mr. Mr. HYDE, Mr. ISAKSON, Mr. ISTOOK, By Ms. CARSON of Indiana: SWEENEY, Mr. KNOLLENBERG, Mr. Mr. JEFFERSON, Mrs. JONES of Ohio, PHELPS, Mr. CARSON of Oklahoma, Mr. JONES of North Carolina, Mr. H.R. 1014. A bill to prevent children from Mr. GANSKE, Mr. THUNE, Mr. KERNS, KANJORSKI, Mrs. KELLY, Mr. KENNEDY injuring themselves with handguns; to the Ms. PRYCE of Ohio, Mr. STUMP, Mr. of Rhode Island, Mr. KILDEE, Mr. Committee on the Judiciary, and in addition SENSENBRENNER, Mr. OTTER, Mr. RA- KIND, Mr. KING, Mr. KINGSTON, Mr. to the Committee on Energy and Commerce, HALL, Mr. SISISKY, Mr. HULSHOF, Mr. KIRK, Mr. KLECZKA, Mr. KNOLLEN- for a period to be subsequently determined LUCAS of Kentucky, Mr. WALDEN of BERG, Mr. KOLBE, Mr. KUCINICH, Mr. by the Speaker, in each case for consider- Oregon, Mr. WYNN, Mr. FORD, Mr. LAHOOD, Mr. LAMPSON, Mr. REYNOLDS, Mr. BRADY of Texas, Mr. LANGEVIN, Mr. LANTOS, Mr. LARGENT, ation of such provisions as fall within the ju- PAUL, Mr. GORDON, Mrs. JO ANN Mr. LARSEN of Washington, Mr. risdiction of the committee concerned. DAVIS of Virginia, Mr. COSTELLO, Mr. LARSON of Connecticut, Mr. LATHAM, By Mrs. JO ANN DAVIS of Virginia (for GILLMOR, Mr. WATKINS, Mr. PUTNAM, Mr. LATOURETTE, Mr. LEACH, Mr. herself, Mr. HAYWORTH, Mr. SCHROCK, Mr. GIBBONS, Mr. AKIN, Mr. ISSA, Mr. LEWIS of Kentucky, Mr. LOBIONDO, Mr. CRENSHAW, Mr. CANTOR, and Mr. FARR of California, Mr. BARCIA, Mrs. Ms. LOFGREN, Mrs. LOWEY, Mr. LUCAS GOODLATTE): MYRICK, Mr. BARTLETT of Maryland, of Oklahoma, Mr. LUCAS of Ken- H.R. 1015. A bill to provide for an increase Mr. CHABOT, Mr. KINGSTON, Mr. tucky, Mrs. MALONEY of New York, in the amount of Servicemember’s Group HEFLEY, Mr. GALLEGLY, Mr. GILMAN, Mr. MALONEY of Connecticut, Mr. Life Insurance paid to survivors of members Mr. GOSS, Mr. WELDON of Florida, Mr. MASCARA, Mr. MATHESON, Mrs. DEMINT, Mr. SOUDER, Mr. FOSSELLA, MCCARTHY of New York, Ms. MCCAR- of the Armed Forces who died in the per- Mr. KOLBE, Mr. BILIRAKIS, Mr. THY of Missouri, Mr. MCCRERY, Mr. formance of duty between November 1, 2000, LATHAM, Mr. TIAHRT, Mr. TAYLOR of MCGOVERN, Mr. MCHUGH, Mr. and April 1, 2001; to the Committee on Vet- North Carolina, Mr. SCARBOROUGH, MCINNIS, Mr. MCINTYRE, Mr. MCKEON, erans’ Affairs. Mr. VITTER, Mr. HOSTETTLER, Mr. Mr. MCNULTY, Mr. MEEHAN, Mr. By Ms. BALDWIN (for herself, Mr. GRAHAM, Mr. SPENCE, Mr. TOM DAVIS MENENDEZ, Ms. MILLENDER-MCDON- MCHUGH, Mr. OBEY, Mr. KIND, Mr. of Virginia, Mr. BOEHNER, Mr. ALD, Mr. GARY MILLER of California, BARRETT, Mr. SENSENBRENNER, Mr. OSBORNE, Mr. BRYANT, Mr. DREIER, Mrs. MINK of Hawaii, Mr. MORAN of PETRI, Mr. SANDERS, Mr. HINCHEY, Mr. PICKERING, Mr. THORNBERRY, Mr. Kansas, Mrs. MYRICK, Mr. NADLER, Mr. BOUCHER, Mr. COOKSEY, Mr. WELDON of Pennsylvania, Mr. BAKER, Mr. NETHERCUTT, Mr. NEY, Mrs. FATTAH, Mr. ENGLISH, Mr. BALDACCI, Mr. KING, Mr. HUTCHINSON, Mr. NORTHUP, Mr. NORWOOD, Mr. NUSSLE, Mr. HOUGHTON, Mr. BOYD, Mr. CAL- MCKEON, Mr. MANZULLO, Mr. SMITH of Mr. OSBORNE, Mr. OTTER, Mr. OXLEY, LAHAN, Mr. VITTER, Mr. BOEHLERT, Washington, Mr. LAMPSON, and Mrs. Mr. PALLONE, Mr. PASCRELL, Mr. Mr. BROWN of Ohio, Mr. PICKERING, CLAYTON): PASTOR, Mr. PAUL, Mr. PAYNE, Mr. Ms. SLAUGHTER, Mr. WALSH, Mr. H.R. 8. A bill to amend the Internal Rev- PENCE, Mr. PETERSON of Pennsyl- SWEENEY, Mr. SHERWOOD, Mrs. EMER- enue Code of 1986 to phaseout the estate and vania, Mr. PETRI, Mr. PLATTS, Ms. SON, Mr. MCGOVERN, Mr. PETERSON of gift taxes over a 10-year period, and for other PRYCE of Ohio, Mr. PUTNAM, Mr. Pennsylvania, Mr. CLAY, and Mr. purposes. QUINN, Mr. RAHALL, Mr. RAMSTAD, KLECZKA): By Mr. PORTMAN (for himself, Mr. Mr. REGULA, Mr. REYNOLDS, Mr. CARDIN, Mr. ARMEY, Mr. FROST, Mr. RILEY, Mr. ROEMER, Mr. ROGERS of H.R. 1016. A bill to amend the Federal BOEHNER, Mr. ANDREWS, Mr. BLUNT, Michigan, Mrs. ROUKEMA, Mr. ROTH- Food, Drug, and Cosmetic Act to prohibit Mr. BENTSEN, Mr. GALLEGLY, Mr. MAN, Mr. ROYCE, Mr. RYAN of Wis- products that contain dry ultra-filtered milk MOORE, Mr. HOUGHTON, Mr. COYNE, consin, Mr. RYUN of Kansas, Mr. products, milk protein concentrates, or ca- Mr. SAM JOHNSON of Texas, Mr. POM- SANDLIN, Mr. SAWYER, Mr. SAXTON, sein from being labeled as domestic natural EROY, Mrs. JOHNSON of Connecticut, Ms. SCHAKOWSKY, Mr. SCARBOROUGH, cheese, and for other purposes; to the Com- Mr. MANZULLO, Mrs. MORELLA, Mr. Mr. SCHAFFER, Mr. SCHROCK, Mr. SES- mittee on Energy and Commerce. WELLER, Mr. WYNN, Mr. AKIN, Mr. SIONS, Mr. SHADEGG, Mr. SHAW, Mr. By Mr. GOODLATTE (for himself, Mr. BACA, Mr. BACHUS, Mr. BAIRD, Mr. SHAYS, Mr. SHERMAN, Mr. SHERWOOD, SMITH of Texas, and Mr. BOUCHER): BAKER, Mr. BALDACCI, Mr. Mr. SHOWS, Mr. SIMMONS, Mr. SIMP- BALLENGER, Mr. BARCIA, Mr. BAR- SON, Mr. SKELTON, Mr. SMITH of H.R. 1017. A bill to prohibit the unsolicited RETT, Mr. BASS, Mr. BEREUTER, Ms. Washington, Mr. SMITH of New Jer- e-mail known as ‘‘spam’’; to the Committee BERKLEY, Mrs. BIGGERT, Mr. sey, Mr. SMITH of Texas, Mr. SNYDER, on the Judiciary. BLAGOJEVICH, Mr. BLUMENAUER, Mr. Mr. SOUDER, Mr. SPRATT, Mr. By Mr. TOOMEY (for himself, Mr. BORSKI, Mr. BOSWELL, Mrs. BONO, Mr. STEARNS, Mr. STRICKLAND, Mr. STU- RYAN of Wisconsin, Mr. ARMEY, Mr. BRADY of Texas, Mr. BRADY of Penn- PAK, Mr. SUNUNU, Mr. SWEENEY, Mr. FLAKE, Mr. SHADEGG, Mr. SAM JOHN- sylvania, Mr. BRYANT, Mr. BURR of TANCREDO, Mr. TANNER, Mrs. SON of Texas, Mr. DEMINT, Mr. North Carolina, Mr. BUYER, Mr. CAL- TAUSCHER, Mr. TAYLOR of North PENCE, Mr. BONILLA, Mr. SESSIONS, VERT, Mr. CAMP, Mr. CANTOR, Ms. Carolina, Mr. TERRY, Mr. THOMPSON Mr. DOOLITTLE, Mr. RYUN of Kansas, CAPITO, Mrs. CAPPS, Mr. CAPUANO, of Mississippi, Mr. THOMPSON of Cali- Mr. SOUDER, Mr. LARGENT, Mr. Mr. CHABOT, Mr. CLAY, Mr. CLEMENT, fornia, Mr. THUNE, Mrs. THURMAN, OTTER, Mr. TANCREDO, Mr. CHABOT, Mr. COBLE, Mr. COLLINS, Mr. CONDIT, Mr. TIBERI, Mr. TRAFICANT, Mr. Mr. COX, Mrs. MYRICK, Mr. Mr. COOKSEY, Mr. COX, Mr. CRANE, TOOMEY, Mr. TURNER, Mr. UDALL of HAYWORTH, Mr. CANTOR, Mr. AKIN, Mr. CRENSHAW, Mr. CROWLEY, Mr. Colorado, Mr. UDALL of New Mexico, Ms. HART, Mr. SCHAFFER, Mr. GARY CULBERSON, Mr. CUNNINGHAM, Mrs. JO Mr. UPTON, Mr. WALDEN of Oregon, MILLER of California, Mr. ISTOOK, Mr. ANN DAVIS of Virginia, Mr. Mr. WALSH, Mr. WAMP, Mr. WATKINS, HOSTETTLER, Mr. PITTS, Mr. BART- DELAHUNT, Mr. DEMINT, Mr. Mr. WATTS of Oklahoma, Mr. WEINER, LETT of Maryland, Mr. HERGER, Mr. DEUTSCH, Mr. DIAZ-BALART, Mr. Mr. WELDON of Florida, Mr. ISSA, Mr. HEFLEY, Mr. KIRK, Mr. KEL- DOOLEY of California, Mr. DOYLE, Mr. WHITFIELD, Mr. WOLF, Ms. WOOLSEY, LER, Mr. JONES of North Carolina, DREIER, Ms. DUNN, Mr. EHRLICH, Mrs. Mr. WU, and Mr. YOUNG of Alaska): Mrs. JO ANN DAVIS of Virginia, and EMERSON, Mr. ENGEL, Mr. ENGLISH, H.R. 10. A bill to provide for pension re- Mr. BARR of Georgia): Ms. ESHOO, Mr. ETHERIDGE, Mr. form, and for other purposes. EVANS, Mr. FALEOMAVAEGA, Mr. FER- By Mr. DEAL of Georgia (for himself, H.R. 1018. A bill to amend the Internal Rev- GUSON, Mr. FILNER, Mr. FLETCHER, Mr. UDALL of Colorado, Mr. enue Code of 1986 to provide for economic Mr. FOLEY, Mr. FORD, Mr. FOSSELLA, TANCREDO, and Mr. PETERSON of growth by providing tax relief; to the Com- Mr. FRELINGHUYSEN, Mr. GANSKE, Mr. Pennsylvania): mittee on Ways and Means.

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By Mr. BURTON of Indiana (for him- NEY, Mr. MORAN of Virginia, Mrs. Mr. BONIOR, Mr. CONYERS, Mr. self, Mr. GILMAN, Mr. SHAYS, Mr. NAPOLITANO, Mr. PASCRELL, Mr. PE- KUCINICH, Mr. OBEY, Mr. LUTHER, Mr. HORN, Mr. MICA, Mr. SOUDER, Mr. TERSON of Minnesota, Mr. ROHR- QUINN, Mr. KILDEE, Mr. DINGELL, Mr. LATOURETTE, and Mr. BARR of Geor- ABACHER, Mr. RUSH, Mr. SANDLIN, Mr. BARCIA, Mr. LEVIN, Ms. BALDWIN, Mr. gia): SISISKY, Mr. SKELTON, Mr. TANCREDO, MARKEY, and Mrs. THURMAN): H.R. 1019. A bill to amend the Federal Elec- Mrs. TAUSCHER, Mr. THOMPSON of H.R. 1032. A bill to prohibit oil and gas tion Campaign Act of 1971 to increase the California, Mrs. JONES of Ohio, Mr. drilling in the Great Lakes; to the Com- penalties imposed for making or accepting TURNER, Mr. WU, Mr. WYNN, and Mr. mittee on Resources. contributions in the name of another and to UDALL of New Mexico): By Mr. TIERNEY (for himself, Mr. prohibit foreign nationals from making any H.R. 1026. A bill to amend the Internal Rev- BONIOR, Mr. CAPUANO, Ms. CARSON of campaign-related disbursements; to the enue Code of 1986 to increase the annual lim- Indiana, Mr. CONYERS, Mr. DEFAZIO, Committee on House Administration. itation on deductible contributions to indi- Mr. HILLIARD, Mr. MCDERMOTT, Mr. By Mr. QUINN (for himself, Mr. CLEM- vidual retirement accounts to $5,000, and for NADLER, Ms. NORTON, Mr. OLVER, Ms. ENT, and Mr. BACHUS): other purposes; to the Committee on Ways RIVERS, Mr. SANDERS, Mr. WEINER, H.R. 1020. A bill to authorize the Secretary and Means. Mr. STARK, Mr. FATTAH, Mr. MCGOV- of Transportation to establish a grant pro- By Mr. OLVER (for himself, Mr. MEE- ERN, Ms. LEE, Ms. SCHAKOWSKY, Ms. gram for the rehabilitation, preservation, or HAN, Mr. TIERNEY, Mr. MCGOVERN, WATERS, Mr. BALDACCI, Mr. KUCINICH, improvement of railroad track; to the Com- Mr. BASS, and Mr. MARKEY): Mr. GUTIERREZ, Mrs. MEEK of Florida, mittee on Transportation and Infrastruc- H.R. 1027. A bill to establish the Freedom’s Mr. KILDEE, Ms. MILLENDER-MCDON- ture. Way National Heritage Area in the Common- ALD, Mr. GEORGE MILLER of Cali- By Mr. CANTOR (for himself, Mr. SISI- wealth of Massachusetts and in the State of fornia, Mrs. CHRISTENSEN, Mr. HIN- SKY, Mr. WOLF, Mr. TOM DAVIS of Vir- New Hampshire, and for other purposes; to CHEY, Mr. LANTOS, Mrs. JONES of ginia, Mr. MORAN of Virginia, Mr. the Committee on Resources. Ohio, Mr. FILNER, Mr. LEWIS of Geor- SCOTT, Mr. SCHROCK, Mr. GOODE, Mr. By Mr. PALLONE: gia, Mr. EVANS, Mr. HASTINGS of Flor- GOODLATTE, Mr. BOUCHER, Mr. H.R. 1028. A bill to amend the Immigration ida, Ms. JACKSON-LEE of Texas, Mr. CRENSHAW, Mrs. JO ANN DAVIS of Vir- and Nationality Act to permit the admission BRADY of Pennsylvania, Mr. PAYNE, ginia, Mrs. MYRICK, Mr. PLATTS, Mr. to the United States of nonimmigrant stu- Ms. BALDWIN, Mr. MARKEY, Mr. TOWNS, and Mr. TANCREDO): dents and visitors who are the spouses and THOMPSON of Mississippi, Mr. OWENS, H.R. 1021. A bill to require the Secretary of children of United States permanent resident and Mr. DAVIS of Illinois): the Treasury to redesign Federal reserve aliens, and for other purposes; to the Com- H.R. 1033. A bill to amend the Social Secu- notes of all denominations so as to incor- mittee on the Judiciary. rity Act to provide grants and flexibility porate the preamble to the Constitution of By Mr. SHADEGG: through demonstration projects for States to the United States, a list describing the Arti- H.R. 1029. A bill to amend the Internal Rev- provide universal, comprehensive, cost-effec- cles of the Constitution, and a list describing enue Code of 1986 to allow a credit against tive systems of health care coverage, with the Articles of Amendment, on the reverse income tax for contributions to charitable simplified administration; to the Committee side of such currency; to the Committee on organizations which provide scholarships for on Energy and Commerce. Financial Services. children to attend elementary and secondary By Mr. TOWNS (for himself and Mr. By Mr. DOOLITTLE: schools; to the Committee on Ways and YOUNG of Alaska): H.R. 1022. A bill to amend title 4, United Means. H.R. 1034. A bill to amend the National States Code, to make sure the rules of eti- By Mr. SHAW (for himself, Mr. RAN- Telecommunications and Information Ad- quette for flying the flag of the United GEL, Mrs. JOHNSON of Connecticut, ministration Organization Act to establish a States do not preclude the flying of flags at Mr. STARK, Mr. HOUGHTON, Mr. MAT- digital network technology program, and for half mast when ordered by city and local of- SUI, Mr. HERGER, Mr. COYNE, Mr. other purposes; to the Committee on Energy ficials; to the Committee on the Judiciary. RAMSTAD, Mr. CARDIN, Mr. CAMP, Mr. and Commerce, and in addition to the Com- By Ms. DUNN (for herself, Mr. LEWIS of Georgia, Mr. SAM JOHNSON mittee on Education and the Workforce, for DEFAZIO, and Mr. WAMP): of Texas, Mr. NEAL of Massachusetts, a period to be subsequently determined by H.R. 1023. A bill to amend the Incentive Mr. ENGLISH, Mr. BECERRA, Mr. WAT- the Speaker, in each case for consideration Grants for Local Delinquency Prevention KINS, Mrs. THURMAN, Mr. HAYWORTH, of such provisions as fall within the jurisdic- Programs Act to authorize appropriations Mr. MCINNIS, Mr. FOLEY, Mr. POM- tion of the committee concerned. for fiscal years 2002 through 2007, and for EROY, Mr. RILEY, Mrs. KELLY, Mr. By Mr. UDALL of Colorado (for him- other purposes; to the Committee on Edu- NETHERCUTT, Mr. GARY MILLER of self, Mr. FROST, Mr. OWENS, Mr. HILL- cation and the Workforce. California, Mr. GOODE, Mr. DOYLE, IARD, Ms. MCKINNEY, Mr. BALDACCI, By Mr. HULSHOF (for himself, Mr. Mr. GREEN of Wisconsin, Mr. STUMP, Mr. BLUMENAUER, Mr. CUMMINGS, Mr. JEFFERSON, Mr. MCCRERY, and Mr. Mr. SHOWS, Mr. BLUMENAUER, Mr. DAVIS of Illinois, Mr. HINOJOSA, Mr. COLLINS): FILNER, Mr. BENTSEN, Mr. GUT- KUCINICH, Mr. MCGOVERN, Mrs. H.R. 1024. A bill to amend the Internal Rev- KNECHT, Mr. CLEMENT, Mr. TERRY, TAUSCHER, Mr. BAIRD, Ms. BALDWIN, enue Code of 1986 to repeal the 4.3-cent motor Mr. UDALL of New Mexico, Mr. DICKS, Mrs. JONES of Ohio, Mr. UDALL of fuel excise taxes on railroads and inland wa- Mr. BONIOR, Mr. TOM DAVIS of Vir- New Mexico, Mr. WU, and Mrs. JO terway transportation which remain in the ginia, Mr. EHRLICH, Ms. PRYCE of ANN DAVIS of Virginia): general fund of the Treasury; to the Com- Ohio, Mrs. MYRICK, Mr. CHAMBLISS, H.R. 1035. A bill to direct the Adminis- mittee on Ways and Means. Mr. BUYER, Mr. SANDLIN, Mr. DOO- trator of the Small Business Administration By Mr. LATOURETTE: LITTLE, Mr. LARSON of Connecticut, to conduct a pilot program to raise aware- H.R. 1025. A bill to amend the Internal Rev- Mr. MILLER of Florida, Mr. REY- ness about telecommuting among small busi- enue Code of 1986 to establish a temporary NOLDS, Mr. DEUTSCH, Mr. ISAKSON, ness employers, and to encourage such em- checkoff on income tax returns to provide Mr. DAVIS of Florida, Mr. WELDON of ployers to offer telecommuting options to funding to States for improving the adminis- Florida, Mr. GREENWOOD, Mr. KOLBE, employees; to the Committee on Small Busi- tration of elections for Federal office; to the Mr. COX, Mr. WEXLER, Mr. FROST, Mr. ness. Committee on Ways and Means, and in addi- WATT of North Carolina, Mr. SOUDER, By Mr. WU (for himself, Mr. GEORGE tion to the Committee on House Administra- Mr. MALONEY of Connecticut, Mr. MILLER of California, Mr. KILDEE, Mr. tion, for a period to be subsequently deter- HALL of Ohio, Ms. CARSON of Indiana, OWENS, Mr. PAYNE, Mrs. MINK of Ha- mined by the Speaker, in each case for con- and Mr. GREEN of Texas): waii, Mr. ANDREWS, Mr. SCOTT, Ms. sideration of such provisions as fall within H.R. 1030. A bill to amend the Internal Rev- WOOLSEY, Ms. RIVERS, Mrs. MCCAR- the jurisdiction of the committee concerned. enue Code of 1986 to provide a shorter recov- THY of New York, Mr. TIERNEY, Mr. By Mr. MOORE (for himself, Mr. ABER- ery period for the depreciation of certain KIND, Mr. FORD, Mr. KUCINICH, Ms. CROMBIE, Mr. BAIRD, Mr. BALDACCI, leasehold improvements; to the Committee SOLIS, Mr. HOLT, Mr. HINOJOSA, Ms. Mrs. BONO, Mr. BOSWELL, Mr. CAL- on Ways and Means. MCCOLLUM, and Mrs. DAVIS of Cali- VERT, Mr. CAPUANO, Mr. CLEMENT, By Mr. SIMMONS (for himself, Mr. fornia): Mr. CONDIT, Mr. CRAMER, Ms. EHRLICH, Ms. HART, Mr. SHAYS, Mrs. H.R. 1036. A bill to amend the Elementary DELAURO, Mr. DOOLEY of California, BIGGERT, Mr. ARMEY, Mr. SMITH of and Secondary Education Act of 1965 to re- Mr. FROST, Mr. GREEN of Texas, Mr. New Jersey, Mr. GREENWOOD, and duce class size through the use of fully quali- HILL, Mr. HINCHEY, Mr. HOLT, Mr. Mrs. JOHNSON of Connecticut): fied teachers, and for other purposes; to the HONDA, Ms. HOOLEY of Oregon, Mr. H.R. 1031. A bill to prohibit the use of Fed- Committee on Education and the Workforce. HYDE, Mr. ISRAEL, Ms. JACKSON-LEE eral funds for certain amenities and personal By Mr. KENNEDY of Rhode Island (for of Texas, Mr. KILDEE, Mr. LARSEN of comforts in the Federal prison system; to himself and Mr. LANGEVIN): Washington, Mr. LARSON of Con- the Committee on the Judiciary. H. Con. Res. 62. Concurrent resolution ex- necticut, Mr. LEWIS of Georgia, Mrs. By Mr. STUPAK (for himself, Mr. pressing the sense of Congress that the LOWEY, Mr. LUCAS of Kentucky, Mrs. BROWN of Ohio, Mr. BARRETT, Ms. George Washington letter to Tuoro Syna- MCCARTHY of New York, Ms. MCKIN- KILPATRICK, Ms. RIVERS, Mr. KIND, gogue in Newport, Rhode Island, which is on

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display at the B’nai B’rith Klutznick Na- H.R. 287: Mr. QUINN, Mr. MCNULTY, and Mr. H.R. 612: Mr. BLUNT, Mr. BRYANT, Mr. tional Jewish Museum in Washington D.C., is MCHUGH. TIAHRT, and Mr. LIPINSKI. one of the most significant early statements H.R. 303: Mr. BALLENGER, Mr. LEACH, Mrs. H.R. 622: Mr. GRAVES, Mr. OTTER, Mr. buttressing the nascent American constitu- BIGGERT, Mr. FOSSELLA, Mr. GUTIERREZ, Mr. BALDACCI, Ms. SOLIS, Mr. HOEFFEL, Mr. tional guarantee of religious freedom; to the BEREUTER, Mr. BOSWELL, and Mr. ORTIZ. PORTMAN, Ms. DUNN, and Mr. HYDE. H.R. 320: Mr. GREEN of Wisconsin. Committee on the Judiciary. H.R. 687: Mr. KUCINICH and Mr. OWENS. By Mr. LANGEVIN (for himself, Ms. H.R. 330: Mr. ISSA and Mr. FLAKE. H.R. 346: Ms. SCHAKOWSKY. H.R. 698: Mr. CLAY, Ms. CARSON of Indiana, JACKSON-LEE of Texas, Mrs. MEEK of H.R. 347: Mrs. THURMAN. Mr. DELAHUNT, Mr. KUCINICH, Mr. PAYNE, and Florida, Mrs. MALONEY of New York, H.R. 397: Ms. MCCARTHY of Missouri, Mr. Ms. SLAUGHTER. Mr. REYES, Mr. HOYER, Mr. MEEHAN, HOEFFEL, Mr. UDALL of Colorado, Ms. H.R. 756: Ms. MILLENDER-MCDONALD and Mr. WAXMAN, Mr. CAPUANO, Mr. HOOLEY of Oregon, Mr. GUTIERREZ, Mr. SHAW, Mrs. DAVIS of California. HOEFFEL, Mr. BROWN of Ohio, Mr. Ms. MCCOLLUM, Mr. ANDREWS, Mr. GILLMOR, H.R. 758: Mr. LANTOS, Ms. SLAUGHTER, and FROST, Mr. CLAY, Mr. MOORE, Mr. Mr. BONIOR, Mr. GREEN of Texas, Ms. HART, Ms. MILLENDER-MCDONALD. RANGEL, and Mr. DELAHUNT): and Mr. LAHOOD. H. Con. Res. 63. Concurrent resolution ex- H.R. 436: Mr. CANNON, Mr. FILNER, Mr. H.R. 760: Ms. BALDWIN, Ms. BERKLEY, Ms. pressing the sense of Congress that Congress MCHUGH, Mr. SIMMONS, Mr. HASTINGS of WOOLSEY, and Mr. BARCIA. should act quickly to enact significant elec- Washington, and Mr. HOLT. H.R. 762: Mrs. MEEK of Florida. tion administration reforms which may be H.R. 437: Ms. HART. H.R. 779: Mr. LUCAS of Kentucky. H.R. 489: Mrs. THURMAN, Mr. CLEMENT, Mr. implemented prior to the regularly sched- H.R. 785: Mrs. THURMAN. uled general elections for Federal office held DAVIS of Illinois, Mr. TURNER, Mr. BOUCHER, H.R. 787: Mr. SIMMONS. in 2002; to the Committee on House Adminis- Ms. MILLENDER-MCDONALD, and Mr. GRUCCI. H.R. 801: Mr. FILNER, Mr. PASCRELL, Mr. tration. H.R. 490: Mr. CLEMENT, Ms. ESHOO, Ms. EHRLICH, Mrs. ROUKEMA, and Mr. GOODE. By Mr. FROST: DELAURO, Ms. SANCHEZ, Mr. SHOWS, Mr. H. Res. 88. A resolution designating minor- SANDERS, Mr. MCINTYRE, Mr. LATOURETTE, H.R. 811: Mrs. ROUKEMA. ity membership on certain standing commit- Mr. JACKSON of Illinois, and Mr. LEACH. H.R. 822: Mr. PAUL, Mr. GILLMOR, and Mr. tees of the House; considered and agreed to. H.R. 498: Mr. SIMMONS, Ms. WOOLSEY, Mr. EVANS. ARTON ATSUI ANTOS By Mr. TURNER: B of Texas, Mr. M , Mr. L , H.R. 826: Mrs. THURMAN. Ms. HART, Mr. BECERRA, Mr. BERMAN, and H. Res. 90. A resolution designating minor- H.R. 871: Mr. OTTER. ity membership on certain standing commit- Mr. HALL of Texas. H.R. 503: Ms. ROS-LEHTINEN, Mr. PETERSON H.R. 912: Mr. GANSKE, Mr. BAIRD, Mr. CLY- tees of the House; considered and agreed to. of Pennsylvania, Mr. ISSA, and Mr. BOEHNER. BURN, Mr. HOLT, Ms. EDDIE BERNICE JOHNSON f H.R. 510: Ms. HART, Ms. MILLENDER-MCDON- of Texas, Mr. LANGEVIN, Mr. MALONEY of ADDITIONAL SPONSORS ALD, Ms. BALDWIN, Mr. CALVERT, and Mr. Connecticut, Mr. MORAN of Virginia, Mrs. SAWYER. NAPOLITANO, Mr. OWENS, Mr. PASCRELL, Mr. Under clause 7 of rule XII, sponsors H.R. 525: Mr. WYNN. SABO, Mr. SERRANO, Mr. UDALL of New Mex- were added to public bills and resolu- H.R. 534: Mrs. ROUKEMA, Mr. SMITH of ico, Mr. CUMMINGS, and Mrs. TAUSCHER. tions as follows: Washington, Mr. FOSSELLA, Mr. BACHUS, Mr. H.R. 920: Ms. MCKINNEY. MICA, Mr. BRYANT, Mr. WALDEN of Oregon, H.R. 25: Mr. GILMAN. H.R. 936: Ms. LEE, Mr. BOSWELL, Mr. MAS- Mr. FROST, Mr. GILCHREST, Mr. LARSEN of H.R. 31: Mr. HUNTER. CARA, Mr. CONYERS, Mr. ENGLISH, Mr. OLVER, Washington, Mr. KIRK, Mr. GOSS, Mr. YOUNG H.R. 68: Mr. BOYD. Ms. VELAZQUEZ, Mr. GREEN of Wisconsin, Mr. of Alaska, Mr. WATTS of Oklahoma, Mr. H.R. 80: Mr. GIBBONS. PASTOR, and Mr. STEARNS. MCHUGH, Mr. BLUNT, Mr. GREEN of Texas, H.R. 99: Mr. CANTOR. H.R. 1005: Mr. MURTHA. Mr. SCHROCK, Mr. HUTCHINSON, Mr. H.R. 105: Mr. CANTOR. TANCREDO, and Mr. WELDON of Pennsylvania. H.R. 1009: Mr. SHAYS. ICKS ONIOR A H.R. 162: Mr. D , Mr. B , Mr. R - H.R. 544: Ms. MILLENDER-MCDONALD and H.J. Res. 36: Mr. BARR of Georgia, Mr. HALL, Mr. MATSUI, and Mrs. MINK of Hawaii. Ms. HARMAN. NETHERCUTT, Mr. LUCAS of Kentucky, and H.R. 179: Mr. ACEVEDO-VILA´ , Mr. BLUNT, H.R. 550: Mr. LEVIN, Mr. ROGERS of Michi- Mr. WAMP. Mr. HASTINGS of Florida, Mr. HOLT and Mr. gan, Mr. UPTON, Mr. BONIOR, Mr. CAMP, and H. Res. 56: Ms. ROS-LEHTINEN. ORTIZ. Mr. BARCIA. H. Res. 72: Mr. DOOLEY of California and H.R. 239: Mrs. KELLY, Mr. NADLER, and Mrs. H.R. 551: Ms. HOOLEY of Oregon. Mr. EVANS. LOWEY. H.R. 585: Mr. ALLEN. H.R. 244: Ms. MILLENDER-MCDONALD. H.R. 606: Mr. TURNER, Mrs. MCCARTHY of H. Res. 73: Mr. SIMMONS. H.R. 257: Mr. JONES of North Carolina, Mr. New York, Mr. SCHIFF, Ms. VELAZQUEZ, Mr. H. Res. 87: Ms. PELOSI and Mr. WELDON of Florida, and Mr. DOOLITTLE. BONIOR, and Mr. FERGUSON. NETHERCUTT.

VerDate 23-FEB-2001 01:35 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L14MR7.100 pfrm02 PsN: H14PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 14, 2001 No. 34 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING RESERVATION OF LEADER TIME called to order by the Honorable PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- GEORGE ALLEN, a Senator from the The PRESIDING OFFICER. The pore. Under the previous order, the State of Virginia. clerk will please read a communication leadership time is reserved. to the Senate from the President pro f PRAYER tempore [Mr. THURMOND]. MORNING BUSINESS The Chaplain, Dr. Lloyd John The bill clerk read the following let- Ogilvie, offered the following prayer: ter: The ACTING PRESIDENT pro tem- pore. Under the previous order, there Gracious Father, source of strength U.S. SENATE, will now be a period for the transaction to live life to the fullest, replenish our PRESIDENT PRO TEMPORE, enthusiasm for the people of our lives, Washington, DC, March 14, 2001. of morning business not to extend be- the work that You have given us to do, To the Senate: yond the hour of 10:30 a.m., with Sen- Under the provisions of rule I, paragraph 3, ators permitted to speak therein for up and the leadership we must provide. of the Standing Rules of the Senate, I hereby to 5 minutes each. Under the previous What Vesuvius would be without fire, appoint the Honorable GEORGE ALLEN, a Sen- order, the time until 10 a.m. shall be or Niagara without water, or the fir- ator from the Commonwealth of Virginia, to under the control of the Senator from mament without the Sun, so leaders perform the duties of the Chair. Wyoming, Mr. THOMAS, or his designee. would be without enthusiasm. You de- STROM THURMOND, sire it. We require it. And other people President pro tempore. f never tire of it. Mr. ALLEN thereupon assumed the TAX CUT RELIEF Lord, You know what happens to us chair as Acting President pro tempore. Mr. THOMAS. Mr. President, the in the pressures and problems of life. f issue the Senate is debating is bank- The ruts of sameness become well RECOGNITION OF THE ACTING ruptcy. We will also be dealing with worn, the blight of boredom settles on MAJORITY LEADER education, and we will be dealing with the bloom of what was once thrilling. the budget. You know we need a fresh gift of en- The ACTING PRESIDENT pro tem- Somewhat overlying all these issues thusiasm, when prayer becomes rou- pore. The Senator from Wyoming is is the idea of tax relief, of doing some- tine or people are taken for granted or recognized. thing with the tax burden of American the national anthem and the Pledge of f citizens, coming to some agreement on Allegiance do not send a thrill up our SCHEDULE how that can indeed be done with some spines or the privilege of living in this of our associates to come to the con- free land becomes mundane. Mr. THOMAS. Mr. President, today clusion that, in fact, taxpayers are en- the Senate will be in a period of morn- Bless the Senators and all of us who titled to some relief in their taxes, if ing business until 10:30 a.m. Following work with them today with a burst of indeed those taxes exceed the needs of morning business, the Senate will re- enthusiasm for the privilege of being the Federal Government. sume consideration of the Bankruptcy here in the Senate. Renew our awe and It has been, of course, the highest Reform Act. There will be three wonder, our vision and hope for our Na- priority for this administration, the stacked votes at approximately 10:45 tion, and our sense of gratitude that highest priority for President Bush, as a.m. on the Carnahan amendment No. You have chosen to be our God and he has outlined his plan in his cam- 40, the Smith of Oregon amendment chosen us to love and serve You here in paign and has brought it forth as a spe- No. 95, and the Wyden amendment No. Government. You are our Lord and cific proposal to the Congress. The 78. Following the votes, the Senate will Saviour. Amen. House has acted on a portion of it at resume consideration of the Wellstone this point. I happen to believe it is rea- amendment regarding debt collection. f sonable for the Senate to hold off a bit As a reminder, the cloture vote on the in terms of acting on it until we have bankruptcy bill will occur at 4 p.m. seen our budget. That is appropriate. PLEDGE OF ALLEGIANCE today. Pursuant to rule XXII, the filing We need to try as much as we can to The Honorable GEORGE ALLEN led the deadline for second-degree amendments get people to understand what is out Pledge of Allegiance, as follows: is 3 p.m. Senators should be prepared there. There are all kinds of notions I pledge allegiance to the Flag of the for votes throughout the day and into being thrown about. What we need to United States of America, and to the Repub- the evening. do is to try to get it as accurate as we lic for which it stands, one nation under God, I thank my colleagues for their at- can so people can, indeed, make their indivisible, with liberty and justice for all. tention. decisions.

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

S2269

. S2270 CONGRESSIONAL RECORD — SENATE March 14, 2001 Some are concerned about the idea I hope people understand the whole to Massachusetts, the Quakers came to that you have to project revenues into package. It sometimes is made to New Jersey and then Pennsylvania, the future. Of course, there is some un- sound as though, if we give those tax- and Catholics came to Maryland. certainty. We don’t know exactly what payers a break, we will not be able to When, in 1636, Roger Williams sought will happen. In anything you do, do the things we should. Not true. freedom from the intrusions of the whether it is an organization, whether There will be dollars to do the things Massachusetts colony into religious it is a business, whether, indeed, it is the Federal Government has as prior- practices, he founded Rhode Island. your family, as you take into account ities. There will be dollars to reduce And two decades later, Jews fleeing the longer term expenditures, one has to the debt, and, in fact, all of the reduc- persecutions of numerous states settled reach out and make an estimate as to ible debt will be done by 2010. That will there in Newport. what they think the revenues are going not be all of it because much of it is Even separated by the Atlantic to be. That is not unusual. We have the long term and, frankly, people who Ocean, however, the American colo- best people who have made prognos- hold the certificates are not ready to nists continued to chafe at the intru- tications in the past doing that. do that. sion of the British government into Under the budget, receipts grow from It is something on which we need to their lives. Among the colonists’ fore- $2.1 trillion in 2001 to $3.2 trillion in continue to work. I think it is a good most grievances was the manner in 2011, an increase of 51 percent. Overall, thing for the country. It is a good thing which the British government harassed the budget projection totals collections for the taxpayers. Certainly, it is some- and searched Americans without rea- of almost $30 trillion over the next 10 thing I support, and I hope others sup- son or probable cause. The British gov- years. Despite the fact that to all of us, port. I see my friend from Missouri. ernment did so under color of general I assume, $1.6 trillion is an almost un- I suggest the absence of a quorum. warrants known as ‘‘writs of assist- imaginable amount, it is, indeed, a lit- The ACTING PRESIDENT pro tem- ance,’’ which gave British customs offi- tle less than 6 percent of the total pro- pore. The clerk will call the roll. cers blanket authority to search where jected revenues. When you put it into The legislative clerk proceeded to they pleased for goods imported in vio- the context of what we are talking call the roll. lation of British tax laws. about, it becomes a reasonable pro- Mr. BOND. Mr. President, I ask unan- This harassment by the state’s offi- posal. imous consent that the order for the cers helped to spark the American Rev- I imagine probably more important quorum call be rescinded. olution. In 1761, the Massachusetts pa- than anything is that we have to take The ACTING PRESIDENT pro tem- triot James Otis attacked the writs a look at the fact that we do have a pore. Without objection, it is so or- and their use to hound American colo- surplus. Frankly, when we do have a dered. nists as, he said, ‘‘the worst instrument surplus, we find, if we ask people, how The Senator from Missouri is recog- of arbitrary power, the most destruc- much more involvement of the Federal nized. tive of English liberty, and the funda- Government, how much growth of the Mr. BOND. I thank the Chair. mental principles of law, that ever was Federal Government do you want over (The remarks of Mr. BOND pertaining found in an English law book,’’ be- here, they would say: We have about to the introduction of S. 528 are located cause, in Otis’ words, they placed ‘‘the enough growth. We have about enough in today’s RECORD under ‘‘Statements liberty of every man in the hands of Government. But then over here you on Introduced Bills and Joint Resolu- every petty officer.’’ have a surplus so every expenditure tions.’’) Otis’ argument did much to sow the that anyone has ever had in mind sud- Mr. BOND. I yield the floor and sug- seeds of America’s Declaration of Inde- denly becomes a possibility, and we gest the absence of a quorum. pendence. ‘‘Then and there,’’ said John find ourselves then with growth beyond The PRESIDING OFFICER. The Adams, ‘‘then and there was the first what most people would want to have. clerk will call the roll. scene of the first act of opposition to The American people are paying a The legislative clerk proceeded to the arbitrary claims of Great Britain. record level of taxation, over 20.5 per- call the roll. Then and there the child Independence cent of the gross domestic product. Mr. FEINGOLD. Mr. President, I ask was born.’’ That is the highest it has been since unanimous consent that the order for The Supreme Court later wrote: World War II. The individual burden the quorum call be rescinded. ‘‘Vivid in the memory of the newly has doubled since the Clinton tax in- The PRESIDING OFFICER (Mr. independent Americans were those gen- creases of 1993. All this points toward VOINOVICH). Without objection, it is so eral warrants known as writs of assist- doing something meaningful in terms ordered. ance under which officers of the Crown of tax reduction. The cut would be $1.6 f had so bedeviled the colonists.’’ And in trillion; that would be left in the pock- another case, the Court wrote: ‘‘It is RACIAL PROFILING ets of taxpayers. familiar history that indiscriminate We hear all kinds of notions that it is Mr. FEINGOLD. Mr. President, we searches and seizures conducted under actually going to be $2.2 trillion or Americans take pride in our freedom the authority of ‘general warrants’ whatever. That is not the case. It is and independence. Central to our sense were the immediate evils that moti- aimed towards being $1.6 trillion, and of who we are is our firm belief that we vated the framing and adoption of the that is where it would be. are free to walk the paths of our own Fourth Amendment.’’ There is tax relief for all taxpayers. choosing, free to move about as we That Amendment states: We can get into, obviously, a discus- please, free from the intrusion of the The right of the people to be secure in sion of the fact that there are people government in that movement. their persons, houses, papers, and effects, who don’t pay income taxes who will As Thomas Jefferson wrote in his against unreasonable searches and seizures, not have relief from income tax reduc- Draft of Instructions to the Virginia shall not be violated, and no warrants shall tion. That is fairly reasonable. Delegates in the Continental Congress, issue, but upon probable cause, supported by Everyone who pays taxes will get ‘‘The God who gave us life, gave us lib- oath or affirmation, and particularly de- erty at the same time.’’ scribing the place to be searched, and the some relief. A typical family of four persons or things to be seized. will see their tax liabilities reduced by From the start, immigrants came to Early on, Chief Justice Marshall as- $1,600, which is a sizable amount. these shores to escape the state’s in- sumed that the Fourth Amendment The other part of the equation is that trusion into their lives. When in the was intended to protect against arbi- there are moneys to strengthen edu- early 1600’s, the English government trary arrests. And that position has be- cation. There are moneys to help with began arresting Separatists for their come settled law. More recently, the defense and security. Those are a cou- religious practices, about a hundred of Supreme Court has said: ple of the top priorities we have. We them became the Pilgrims and sailed Unreasonable searches or seizures con- will do more with Medicare. Those dol- to Plymouth. When in 1620 the Par- ducted without any warrant at all are con- lars will be there for Medicare. Those liament enacted a law requiring all to demned by the plain language of the first dollars will be there for Social Secu- worship according to the laws of the clause of the Amendment.’’ The Court went rity. Church of England, the Puritans came on to state that ‘‘the warrantless arrest of a March 14, 2001 CONGRESSIONAL RECORD — SENATE S2271 person is a species of seizure required by the vestigation of police abuse in the city’s dermines the willingness of good people Amendment to be reasonable. largely minority Rampart section. to work with the police. As one victim It is thus fundamental to American The practice of racial profiling has of racial profiling in Glencoe, Illinois, history and rooted in American law not respected status or standing, said: that the officers of the state may not wealth or privilege. Who is there left to protect us? The police arrest or detain its citizens arbitrarily Last September, the Director of Per- just violated us. or without cause. Our law and Con- sonnel at the White House, Bob Nash, As the U.S. Civil Rights Commission stitution protect our freedom to walk and his wife were stopped for no other found last year: those paths of our own choosing, free apparent reason than that they are Af- Communities of color do not want to from the intrusion of the government rican-American. As Mr. Nash said at choose between safety and civil rights. as we walk. the time: They should not have to. And it is that very individual free- Until that moment, we had an intellectual We as a Nation cannot and should not dom that gives our great Nation its understanding of the bogus crime, ‘‘Driving tolerate this injustice. As the philoso- strength. As John Quincy Adams While Black.’’ But, in a few terrifying mo- pher Herbert Spencer wrote: wrote: ‘‘Individual liberty is individual ments, we felt it more deeply and more per- No one can be perfectly free till all are power, and as the power of a commu- sonally than any words could ever convey. free. nity is a mass compounded of indi- Said Nash, the experience left them embar- And as Woodrow Wilson said: rassed, humiliated and afraid for our lives. vidual powers, the nation which enjoys Liberty does not consist . . . in mere gen- the most freedom must necessarily be The Houston Chronicle reported that eral declarations of the rights of man. It con- in proportion to its numbers the most last year the Border Patrol pulled over sists in the translation of those declarations powerful nation.’’ and questioned United States District into definite action. The point of my comments today is Judge Filemon Vela traveling to Many leaders have spoken out this is not the case for all Americans. court—not once but twice—as part of against this intolerable abuse. Many But, some Americans still cannot an immigration crackdown in South have worked to translate the traditions walk where they choose. Some Ameri- Texas, called Operation Rio Grande. of American law and justice into legis- cans cannot travel free from the har- Last November, the well-known sing- lation to address this evil. assment of the government. Some er Lenny Kravitz was handcuffed and First and foremost is our colleague in Americans still do not receive the full detained by Miami Beach police. Mr. the other body, Representative JOHN benefit of their civil rights. Kravitz, whose 1989 song ‘‘Mr. Cab CONYERS. Representative JOHN CON- Too many Americans are subject to Driver’’ speaks out against racial YERS has been at the forefront of legis- being detained by officers of the state profiling, appears to have fallen victim lative efforts on this subject. We have without reasonable suspicion, without to it himself. Said Kravitz: worked together on legislation focused good reason, for no other reason than I was very concerned and upset. Being on a study of traffic stop data. Shortly, the color of their skin. black, I’ve dealt with all kinds of things be- Congressman CONYERS and I will intro- As I noted at the outset of my re- cause of my color, but nothing like this. duce, along with many of our col- marks, many came to these shores as Last month, 60 Minutes aired the leagues, an improved version of that immigrants to escape the intrusive story of Harvard law student Bryonn bill. state. We must not forget that many Bain, who appears to have been the vic- Last Congress and this Congress, I also came to these shores in chains, be- tim of ‘‘walking while black.’’ He was have been proud to cosponsor a bill in- cause of the color of their skin. They stopped by police while simply walking troduced by my friend and colleague and their decendents endured our Na- down the street. In an article in the from Illinois, Senator DURBIN, that fo- tion’s long struggle against slavery and May 2, 2000, Village Voice, Bain said: cuses on ‘‘flying while Black’’—the discrimination. After hundreds of hours and thousands of practice of targeting people of color to Sadly, even now, skin color alone pages of legal theory in law school, I have fi- be stopped and searched in airports. still makes too many Americans more nally had my first real lesson in the Law. Senator DURBIN has provided valuable likely to be a suspect, more likely to Said Bain: leadership on this issue. Let me take a moment to notice the be stopped, more likely to be searched, The lesson for the day was that there is a more likely to be arrested, and more special Bill of Rights for nonwhite people in very intense and sincere efforts of a likely to be imprisoned. the United States—one that applies with new colleague of ours, Senator JON The numbers alone are devastating: particular severity to Black men. It has CORZINE, of New Jersey, who has made A 1999 ACLU report found that along never had to be ratified by Congress be- addressing this racial profiling issue Interstate 95 in Maryland, while Afri- cause—in the hearts of those with the power one of his top priorities. I very much can-Americans were only 17 percent of to enforce it—the Black Bill of Rights is held look forward to working with the new the drivers and traffic violators, Afri- to be self-evident. Senator from New Jersey on this issue. can-Americans accounted for an alarm- Plainly, the practice of racial Leaders of both parties have ex- ing 73 percent of the drivers searched. profiling is profoundly at variance with pressed support for doing something Last November, a front-page New the fundamental tradition of American about racial profiling. York Times story reported that New law and justice. During the second Presidential de- Jersey state documents acknowledged In 1790, President George Washington bate, on October 11 of last year, then- that at least 8 of every 10 automobile wrote the congregation of Touro Syna- Governor Bush said that he would sup- searches carried out by state troopers gogue in Newport, Rhode Island, in port or sign as President a federal law on the New Jersey Turnpike over most words that are etched in the Holocaust banning racial profiling by police and of the last decade were conducted on Memorial Museum in Washington: other authorities at all levels of gov- vehicles driven by African-Americans The government of the United States . . . ernment. and Hispanics. gives to bigotry no sanction, to persecution Governor Bush said: Racial profiling is not limited to I–95. no assistance. I can’t imagine what it would be like to be The Justice Department has recently But what other than ‘‘bigotry’’ and singled out because of race and stopped and harassed. That’s just flat wrong, and that’s been investigating 14 police depart- ‘‘persecution’’ can we call this practice not what America’s all about. And so we ments for civil rights violations, in- of ‘‘racial profiling,’’ which targets ought to do everything we can to end racial cluding Charleston, West Virginia; Riv- drivers, airline passengers, or pedes- profiling. erside, California; Orange County, trians, not because of any action they Governor Bush went on: Florida; Prince George’s County, Mary- take, not because of any probable I do think we need to find out where racial land; Eastpointe, Michigan; New Orle- cause, but solely because of the color of profiling occurs and do something about it. ans; Buffalo; Washington; and New their skin. Too many law enforcement And say to the local folks, get it done, and if York City. In Los Angeles, the Justice entities have made a crime out of you can’t, there’ll be a federal consequence. Department recently forced the police DWB—‘‘Driving While Black.’’ He further said: department to accept an independent Among the many corrosive effects of [R]acial profiling isn’t just an issue at the monitor’s supervision after a 4-year in- this insidious practice is the way it un- local police forces. It’s an issue throughout S2272 CONGRESSIONAL RECORD — SENATE March 14, 2001 our society. And as we become a diverse soci- Attorney General Ashcroft also sent only by a few, is extremely problematic for ety, we’re going to have to deal with it more a letter to the Chairmen and Ranking two reasons. First, it undermines the public and more. Democratic Members of the Judiciary trust in the impartiality of law enforcement I believe, sure as I’m sitting here, that Committees on this subject, and I ask officers which is essential to effective law most Americans really care. They’re toler- enforcement. Second, and more importantly, ant people. They’re good, tolerant people. unanimous consent that a copy of that I personally believe such a practice violates It’s the very few that create most of the cri- letter be printed in the RECORD at the the Equal Protection Clause of the Four- sis. And we just happen to have to find them conclusion of my remarks. teenth Amendment to the Constitution. I and deal with them. The PRESIDING OFFICER. Without share the President’s commitment to ending On February 9 of this year, at re- objection, it is so ordered. any unequal treatment of Americans, par- marks marking Black History Month, (See exhibit 1.) ticularly by law enforcement. President Bush said that he would Mr. FEINGOLD. Mr. President, Wis- To this end, I urge you in your capacity as consin’s former Governor Tommy Ranking Member of the Judiciary Com- ‘‘look at all opportunities’’ to end ra- mittee to consider quickly legislation au- cial profiling. While visiting a predomi- Thompson, now Secretary of Health thorizing the Department of Justice to con- nantly African-American elementary and Human Services, created a Task duct a study of traffic stops data that cur- school here in Washington, D.C., Presi- Force on Racial Profiling when he was rently is being collected voluntarily by law dent Bush said: Governor. That Task Force just com- enforcement agencies across the country. I’ll look at all opportunities, starting with pleted its report, and concluded, among Such a study will assist us in determining the gathering of information where the fed- other things, that more data is needed, the extent of the problem of racial profiling. eral government can help jurisdictions gath- and recommended data collection. Con- The Traffic Stops Statistics Study Act in- troduced last Congress by Congressman Con- er information, compile information, to get gressman CONYERS and our legislation yers in the House, and proposed by Senator the facts on the table to make sure people calls for data collection, among other are treated fairly in the justice system. Feingold in the Senate, is an excellent start- things. ing place for such an enterprise. I would hope And in his State of the Union Address I am pleased that the President and that any legislation you consider makes two weeks ago, the President addressed Members of his Cabinet recognize the clear that such information is provided vol- the issue again. There, he said: gravity of this issue for all Americans. untarily, in order to quell any potential fed- As government promotes compassion, it Particularly in the wake of the racially eralism concerns. Such legislation ought to also must promote justice. Too many of our divisive election and nomination of At- permit consideration of broad categories of citizens have cause to doubt our nation’s jus- torney General Ashcroft, the Adminis- data, such as the reasons and circumstances tice when the law points a finger of suspicion tration needs to make special efforts to of any stop, the identifying characteristics at groups instead of individuals. All our citi- of the driver and passengers as perceived and zens are created equal and must be treated heal the wounds that separate us as a discernable by the officer making the stop, equally. Earlier today, I asked John Nation. And with the support of the the characteristics of the officer making the Ashcroft, the Attorney General, to develop Administration, we should be able to stop, the racial or ethnic composition of the specific recommendations to end racial enact racial profiling legislation this area in which the stop was made, and any profiling. It’s wrong, and we will end it in year. other data that will ensure as full a picture America. But we should do more. Once again, I as possible of these contacts, such as arrest I certainly welcome our new Presi- call on President Bush to resubmit the and conviction outcomes linked to traffic dent’s comments. nomination of Judge Ronnie White to stops. In order to encourage participation, Attorney General Ashcroft has also the legislation hopefully will make clear serve as a U.S. District Court judge. that the legislation will not change the bur- stated that racial profiling will be a I also call on the President publicly dens or standards of proof in any lawsuits. priority in his Department of Justice. to support the nomination of Judge The legislation, therefore, would lend to a At his confirmation hearing on Janu- Roger Gregory to the Fourth Circuit better study, by emphasizing the importance ary 17, Senator Ashcroft said: Court of Appeals. and seriousness of the issue while, at the I think racial profiling is wrong. I think These distinguished jurists deserve to same time, encouraging cooperation. it’s unconstitutional. I think it violates the sit on the Federal bench. And the effec- I am eager to begin work on this important 14th Amendment. I think most of the men tive administration of justice in Amer- task, and hope that Congress will consider such legislation quickly. If Congress is un- and women in our law enforcement are good ica demands that the Federal courts, people trying to enforce the law. I think we able to authorize such a study in 6 months, all share that view. But we owe it to provide even the Fourth Circuit Court of Ap- I will instruct the Department to begin them with guidance to ensure that racial peals, reflect the diversity of this Na- promptly its own study of available data. I profiling does not happen. I look forward to tion. look forward to working with you on this working together with you to try to find a Let us do more to advance the cause important issue to ensure that all Americans way to do that. of justice for all, and then we can truly are guaranteed equal justice under law. Senator Ashcroft summed up: live out the ancient wisdom, inscribed Sincerely, on the Liberty Bell, and ‘‘[p]roclaim JOHN ASHCROFT, I will make racial profiling a priority of Attorney General. mine. liberty throughout all the land unto all Mr. FEINGOLD. I suggest the ab- In a follow-up written question to the inhabitants thereof.’’ sence of a quorum. that hearing, I asked Senator Ashcroft I yield the remainder of my time. The PRESIDING OFFICER. The whether his opposition to racial EXHIBIT 1 clerk will call the roll. profiling included racial profiling of OFFICE OF THE ATTORNEY GENERAL, The bill clerk proceeded to call the airline passengers or people walking Washington, DC, February 28, 2001. roll. down the street. Senator Ashcroft re- Hon. PATRICK LEAHY, Mr. BINGAMAN. Mr. President, I ask plied: Ranking Minority Member, Committee on the Judiciary, U.S. Senate, Washington, DC. unanimous consent that the order for I have stated my strong opposition to ra- DEAR SENATOR LEAHY: As you know, I re- the quorum call be rescinded. cial profiling across the spectrum. There ceived a directive from the President late should be no loopholes or safe harbors for ra- The PRESIDING OFFICER. Without yesterday asking me to work with Congress objection, it is so ordered. cial profiling. Official discrimination of this to develop effective methods to determine sort is wrong and unconstitutional no matter the extent to which law enforcement officers f what the context. in the United States engage in the practice BANKRUPTCY And two weeks ago, at an extensive of racial profiling. As you further know, ra- statement and press conference on the cial profiling is the use of race as a factor in Mr. BINGAMAN. Mr. President, I ask subject, Attorney General Ashcroft conducting stops, searches, and other inves- unanimous consent to be allowed to said: tigative procedures. While we all recognize speak as if in morning business for a that the overwhelming majority of law en- I have long believed that to treat people few minutes on two amendments that forcement officers perform their demanding solely on the basis of their race was a viola- are pending to the bankruptcy bill— jobs in an outstanding manner, any practice tion of the 14th Amendment to the U.S. Con- amendments offered by Senator WYDEN of racial profiling, even by a small minority, stitution. is unacceptable. and Senator SMITH related to discharge He declared: ‘‘It’s wrong,’’ and said: You may recall that during the hearing I of debts and prohibition of discharge of I believe Congress can, and will, respond held on the subject last year as a Senator, I debts related to the California energy constructively. stated that racial profiling, even if practiced crisis. March 14, 2001 CONGRESSIONAL RECORD — SENATE S2273 I oppose the Smith amendment to State legislature in California, the tric Power Supply Association. That the underlying Wyden amendment, and utilities, and their creditors have been letter states: I also oppose the Wyden amendment. working valiantly in recent weeks, and We are writing to express our deep concern In my view, both amendments are even months, to fix this problem. All and opposition to [the amendment]. Our fear unfair in that they give an unfair ad- they are now asking of this Senate is is that this amendment could precipitate a vantage to government agencies at the that we not intervene and send the financial crisis and exacerbate the already expense of private companies in the utilities into bankruptcy by adopting precarious situation in the West. event that California utilities wind up amendments of this type. The PRESIDING OFFICER. Will the in bankruptcy. They ensure that a In my view, Senators need to weigh Senator suspend. large Federal utility like Bonneville, the potential enormous harm to mil- Mrs. FEINSTEIN. I will. itself the beneficiary of billions of dol- lions of Americans that would result in f lars of Federal investment, and other the adoption of these amendments BANKRUPTCY REFORM ACT OF utilities will be paid ahead of the against the illusory benefit that the 2001—Resumed banks, small renewable energy genera- amendments hold out for the few gen- tors, natural gas companies, and other erators that would be benefited. The PRESIDING OFFICER. We were creditors. In sum, to paraphrase Shakespeare, to lay down the bill at 10:30. The hour Both amendments are not helpful in which is not done very often on the of 10:30 having arrived, the clerk will our current circumstance. The State of Senate floor, adoption of the amend- report the pending bill. California and its utilities are trying ments will rob California of that which The bill clerk read as follows: desperately to keep the utilities out of cannot enrich the northwest genera- A bill (S. 420) to amend title 11, United bankruptcy. Without these amend- tors and yet will make California poor, States Code, and for other purposes. ments, they stand a good chance of indeed. Pending: succeeding. If the amendments are I yield the floor. I suggest the ab- Leahy amendment No. 20, to resolve an adopted, the utilities will almost cer- sence of a quorum. ambiguity relating to the definition of cur- tainly be forced to declare bankruptcy. The PRESIDING OFFICER. The rent monthly income. I also oppose the amendments be- clerk will call the roll. Wellstone amendment No. 35, to clarify the cause, in my view, they are unwise. The bill clerk proceeded to call the duties of a debtor who is the plan adminis- The consequences of the three largest roll. trator of an employee benefit plan. Mrs. FEINSTEIN. Mr. President, I Wellstone modified amendment No. 36, to utilities in California going bankrupt disallow certain claims and prohibit coercive are unknown, as is the rest of the ask unanimous consent that the order debt collection practices. State’s economy and the rest of our for the quorum call be rescinded. Wellstone amendment No. 37, to provide Nation’s economy. But it is clear that The PRESIDING OFFICER. Without that imports of semifinished steel slabs shall it will not just affect the ratepayers objection, it is so ordered. be considered to be articles like or directly served by the three utilities, or even Mrs. FEINSTEIN. Mr. President, I competitive with taconite pellets for pur- just the people of California. It will af- believe the unanimous consent order poses of determining the eligibility of cer- fect all Americans. As Chairman of the provided 5 minutes for Senator HAGEL tain workers for trade adjustment assistance to speak against the Wyden amend- under the Trade Act of 1974. Federal Reserve, Alan Greenspan, tes- Kennedy amendment No. 38, to allow for tified several weeks ago, ‘‘it’s scarcely ment. Senator HAGEL will not be able reasonable medical expenses. credible that you can have a major eco- to be present, and I ask unanimous Collins amendment No. 16, to provide fam- nomic problem in California which consent to use that time. ily fishermen with the same kind of protec- does not feed to the rest of the 49 The PRESIDING OFFICER. Without tions and terms as granted to family farmers States.’’ objection, it is so ordered. under chapter 12 of the bankruptcy laws. In my view, the amendments are also Mrs. FEINSTEIN. Thank you very Leahy amendment No. 41, to protect the unnecessary. If utilities are able to much, Mr. President. identity of minor children in bankruptcy avoid bankruptcy, then the power sup- I thank the ranking member of the proceedings. Energy Committee, the Senator from Wyden amendment No. 78, to provide for pliers that these amendments seek to the nondischargeability of debts arising from protect will be paid. Even if they go New Mexico, Mr. BINGAMAN, for his re- the exchange of electric energy. bankrupt, those power suppliers stand marks in opposition to the Wyden Carnahan amendment No. 40, to ensure ad- a reasonably good chance of being amendment. I also wish to thank Sen- ditional expenses associated with home en- paid—if not by the utilities themselves, ator MURKOWSKI, the chairman, who ergy costs are included in the debtor’s then by the government, for the rea- came to the floor last night and spoke monthly expenses. Smith of Oregon amendment No. 95 (to sons that Senator MURKOWSKI ex- against the amendment. Last evening, I submitted for the amendment No. 78), of a perfecting nature. plained last night on the Senate floor. Reid (for Durbin) amendment No. 93, in the RECORD several letters in opposition to In my view, the amendments are also nature of a substitute. unworkable. By trying to jump certain the amendment from the Electric Reid (for Breaux) amendment No. 94, to creditors to the head of the line to re- Power Supply Association, the Edison provide for the reissuance of a rule relating ceive payment, they will most likely Electric Institute, The Williams Com- to ergonomics. force the remaining creditors to move panies, Calpine, Pacific Gas and Elec- AMENDMENT NO. 78 to put the utilities into bankruptcy tric, Southern California Edison, Inter- The PRESIDING OFFICER. The Sen- immediately so that the utilities’ as- national Brotherhood of Electrical ator now has 5 minutes. sets can be divided immediately, 6 Workers, The Utility Reform Network, Mrs. FEINSTEIN. I thank the Chair, months before the amendments in fact a consumer group, and the American and I would like to continue: take effect. Gas Association, all in strong opposi- This amendment seeks to give certain en- Even if the amendments are enacted, tion to the Wyden amendment, and tities a favorable status in the event that the generators would not likely receive also with one general theme. That gen- California utilities fall into bankruptcy. any benefit from the enactment of the eral theme is that if the Congress of That is what the Wyden amendment amendments. the United States were to determine does. Finally, these amendments, in my the order in which debts would be dis- The letter goes on: view, are uncharitable in that the ad- charged, it would trigger a bankruptcy Many companies have provided power to ministration has declared the Cali- because those who are not favored in California’s consumers and [this association] fornia electric crisis to be California’s that order would seek to protect their believes emphatically that all these entities problem, and has left it to California to right by moving both Pacific Gas and deserve to be fully and fairly compensated. solve the problem. The Federal Energy Electric and Southern California Edi- As do I, Mr. President. Regulatory Commission, which is the son into bankruptcy. Virtually every However, it is inappropriate for the Senate independent agency charged with see- single letter reiterated that concern. to try and create winners and losers in this ing to it that electric rates are just and I would like to reread from one of the desperate situation. Rather than orderly res- reasonable, has done little to help the letters so the Senate might understand olution, this legislation could lead to a pre- situation. Governor Davis, and the the concern, and that is from the Elec- mature declaration of bankruptcy and the S2274 CONGRESSIONAL RECORD — SENATE March 14, 2001 inevitable liquidation of the California elec- It is also my understanding that there has be allowed to bring the Wellstone tric utilities’ assets in a legal free-for-all. been a suggestion in argument on behalf of amendment, which is supposed to come The American Gas Association, on the Amendment that the magnitude of the next, to the floor at 1:15. behalf of all of the natural gas compa- preferred obligations would not exceed $100 The PRESIDING OFFICER. Is there million to $200 million. I am advised by nies involved in this, also states the Southern California Edison that based upon objection? same thing. They go on, however, to the amount of power purchased during the Mr. SESSIONS. Reserving the right say: emergency orders of the Federal Energy Reg- to object, is that a modification of the As the preferred creditors would in actu- ulatory Commission, the amount of power earlier amendment? ality control the bankruptcy proceedings procured to serve Southern California Mr. WELLSTONE. That is correct. through their status, in effect Chapter 11 re- Edison’s customers substantially exceeded Mr. SESSIONS. How would it be, organization would not be an option. Liq- that amount. again? uidation of assets through Chapter 7 filing The PRESIDING OFFICER. The Sen- Mr. WELLSTONE. The modification would result. Such action could cause seri- ator’s 5 minutes have expired. is that the section dealing with coer- ous disruption and harm to the utility cus- cive practices is out, which was a ques- tomers, not to mention the non-preferred Mrs. FEINSTEIN. Mr. President, I creditors. ask unanimous consent to use the re- tion of Banking Committee jurisdic- mainder of Senator BINGAMAN’s time. tion. So, Mr. President, you have virtually The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there all of the electric power producers, as objection, it is so ordered. objection? Without objection, it is so well as the natural gas producers, in ef- Mrs. FEINSTEIN. Thank you very ordered. fect, saying that if you give these Fed- much. AMENDMENT NO 40 eral entities preferred status, should . Continuing: there be a bankruptcy, they would, in The PRESIDING OFFICER. There effect, have to assert their rights to Based upon the foregoing, it should be will now be a 5-minute debate on the clear that if Southern California Edison was force an involuntary bankruptcy, and Carnahan amendment No. 40. Who involved in a bankruptcy proceeding, the yields time? that then would put both of the utili- proposed legislation would have significant ties into chapter 7 rather than chapters The Senator from Missouri. impact upon Southern California Edison and Mrs. CARNAHAN. Mr. President, I 11 or 13. This was the theme—the domi- its other creditors. understand the managers have agreed nant theme—from virtually every gen- Mr. President, this is the bankruptcy to accept my amendment on home en- erator, producer, and creditor. counsel. I know of virtually no electric power ergy. I thank Senator COLLINS, cospon- So we know two things: One, from sor of the amendment, as well as Sen- producer or gas producer that believes bankruptcy counsel, that this amend- this amendment will do anything other ators HATCH, GRASSLEY, and LEAHY for ment—the Wyden amendment and the their willingness to help on this very than trigger a bankruptcy of these two Smith amendment—do in fact create companies. Therefore, I am strongly in important amendment. I yield the two classes of creditors. And they do, floor. opposition to it. in fact, give premier standing to one Last evening, the proponent of this The PRESIDING OFFICER. Is there class of creditors, the Federal sub- further debate on the amendment? The legislation, Senator WYDEN, said in sidized entities. Those entities are Senator from Alabama. fact the legislation does not do this. So given preference in a bankruptcy. Sec- we went out and we contacted the Mr. SESSIONS. I understand that ondly, we know in fact that the pending is the Carnahan amendment. I bankruptcy attorney for Pacific Gas amount involved is a good deal more and Electric. We asked them for a let- ask unanimous consent that following than the amount represented in this the concluding debate, the amendment ter and their interpretation of the Chamber. Wyden amendment. I have that letter. be agreed to and the motion to recon- We also know that virtually every sider be laid upon the table. I will read it into the RECORD. other power producer and supplier— The PRESIDING OFFICER. Without My firm is special reorganization counsel every single one—believes that if this objection, it is so ordered. to Southern California Edison. In connection amendment were to pass, they would Mr. SESSIONS. Therefore, the next with the debate over the Wyden Amendment have to exercise their rights, which to S. 420, it has been suggested that the vote will occur in relation to the Amendment is not intended to prefer the would be to push Southern California Wyden-Smith amendment regarding debt covered by the Amendment over the Edison and Pacific Gas and Electric the California utilities matter. debts of other creditors of Southern Cali- into an involuntary bankruptcy and Mr. REID. Mr. President, I suggest fornia Edison and the other utilities affected most probably in chapter 7, which the absence of a quorum. by the Amendment. Please be advised that, would mean a dissolution of the compa- The PRESIDING OFFICER. The in my view, the Amendment would do ex- nies involved. clerk will call the roll. actly that. This would be tragic because the The bill clerk proceeded to call the This is the bankruptcy counsel for State has negotiated an agreement roll. one of the utilities at risk of bank- with two utilities to buy their trans- Mr. SESSIONS. Mr. President, I ask ruptcy. mission lines and to put $7 billion into unanimous consent that the order for The letter goes on: the purchase of those transmission the quorum call be rescinded. The purpose of the Wyden Amendment is lines. The result would then be a The PRESIDING OFFICER. Without to exclude from the binding effect of a plan securitization of that back debt and en- objection, it is so ordered. of reorganization in chapter 11 certain credi- able these utilities to pay their debtors Mr. SESSIONS. Mr. President, I yield tors of the utility who provided wholesale and creditors without going into bank- electric power to the utility under certain back the time on the Carnahan amend- conditions. It provides that such debts are ruptcy. So a plan to enable the pay- ment. nondischargeable. As a consequence, a util- ment of the debtors and creditors is The PRESIDING OFFICER. The time ity in chapter 11 could not bind such pre- now underway by the State. is yielded back on the Carnahan ferred creditors under a plan of reorganiza- Various Members of this body may amendment. By unanimous consent, tion, and such creditors would be able to pur- not like how the State is handling the the amendment is agreed to. sue the utility following confirmation of a problem, but the State does have the The amendment (No. 40) was agreed plan to collect in full, in cash, their obliga- right to try to redress the debts and in to. tions while the other creditors were bound fact is doing so. These amendments can Mr. SESSIONS. Mr. President, I sug- by the terms of a confirmed plan of reorga- nization. Depending upon the magnitude of only wreak devastation on that at- gest the absence of a quorum, and I ask such preferred claims, the utility might find tempt. I strongly oppose the Wyden unanimous consent that the time not it very difficult to confirm a plan under such and Smith amendment. be counted against either side. circumstances. Such result would be very The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without detrimental to not only the utility but to its ator from Minnesota. objection, it is so ordered. The clerk other creditors. Mr. WELLSTONE. Mr. President, I will call the roll. This is the bankruptcy counsel him- am going to a gathering for Jesse The bill clerk proceeded to call the self. Brown. I ask unanimous consent that I roll. March 14, 2001 CONGRESSIONAL RECORD — SENATE S2275 Mr. MURKOWSKI. Mr. President, I eral Government to send this power, quired to sell off its plants after deregulation ask unanimous consent that the order even though they were concerned that in 1996, and that it did so—mostly to out-of- for the quorum call be rescinded. they needed to conserve it for them- state companies that are now the wholesale The PRESIDING OFFICER. Without selves or that they might not get paid. suppliers of California’s electricity. The util- Call me old-fashioned, but I say pay ity sold off its gas and coal-fired plants, but objection, it is so ordered. retained its nuclear and hydroelectric facili- AMENDMENT NO. 78 your bills. Don’t send your parent com- ties. Mr. SESSIONS. Mr. President, I say pany $4.8 billion—which is what one The money they got from plant sales, Hig- to the Senator from Alaska that we are private utility did—to pay dividends of gins said, went to pay off the banks that waiting on a 5-minute debate before we the shareholders and repurchase stock loaned them the cash to build the generating vote, and the debaters have not ar- when you know you have bills to pay. stations and to repay investors and share- rived. That could delay our vote. Will I have a Washington Post article. I holders who also put money into plant con- struction. The transfer of money occurred the Senator speak long? ask unanimous consent to have it printed in the RECORD. from 1996 through last November. Mr. MURKOWSKI. If I may, I will ‘‘It’s like you have a house and mortgage take some of the time, perhaps, allot- There being no objection, the article was ordered to be printed in the and you sell the house and you recover your ted to the Senator from California to initial investment and then pay off the mort- just make a statement on the amend- RECORD, as follows: gage,’’ Higgins said. ment, which will not take more than a [From the Washington Post, Jan. 31, 2001] Another audit of Pacific Gas and Electric minute. AUDIT RESULTS ANGER CONSUMER GROUPS Co., the other struggling utility, will be re- The PRESIDING OFFICER. The time (By William Booth and Rene Sanchez) leased within days. That results are expected to be similar. has expired. LOS ANGELES, Jan. 30—The first of several audits to be released by state regulators said ‘‘The only reason this would be controver- Mrs. FEINSTEIN. Mr. President, I sial is that the consumer groups are trying don’t believe the time has expired. I be- that one of California’s two nearly bankrupt utilities, Southern California Edison, legally to rewrite history,’’ said John Nelson, a 1 lieve I have 2 ⁄2 minutes. I will be happy passed along nearly $5 billion in net income spokesman for PG&E. to give some of that to the Senator to its parent, Edison International, which Nelson said his utility did the same thing from Alaska. used the money to pay dividends to its share- as Southern California Edison—it sold The PRESIDING OFFICER. The Sen- holders and to repurchase its own stock. plants, paid off loans and sent the rest to its holding company, PG&E Corp. He would not ator is correct. She has 21⁄2 minutes. The audit, released Monday night by the Mr. MURKOWSKI. I will just use a California Public Utilities Commission, also disclose exactly how much was transferred, but said it is safe to assume a figure of sev- minute. Let me leave you with one showed that Southern California Edison is now broke and so strapped for cash it cannot eral billion dollars. thought. Article I, section 8, of the keep buying electricity at rates higher than Consumer advocates around California, Constitution clearly states that Con- it can pass along to consumers. however, said it did not matter that the util- gress shall ‘‘establish uniform laws on The $4.8 billion was, in part, proceeds from ities were returning investments to their the subject of bankruptcies throughout the sale of the Southern California Edison’s shareholders, a practice that no one has as- the United States.’’ power plants, which the utility was required serted is financially improper or illegal. There is absolutely nothing uniform to sell under California’s 1996 deregulation Today, they began lobbying state lawmakers about the pending amendment. It only plan. Deregulation here sought to break up to scrap an emerging legislative plan that would cover much of the utilities’ purported protects electric sales ordered by the the utility monopolies and open the state up to free-market forces. debts with billions of dollars in publicly fi- Federal Government to California, or Consumer advocates—and some elected of- nanced bonds. sales only to California by State, local, ficials—reacted angrily to the audit, accus- ‘‘This confirms what we’ve been saying all or Federal Government entities. If ing the utilities of pleading poverty and beg- along,’’ said Matt Freedman, a director of similar power sales arose in New York ging for financial assistance from the state the Utility Reform Network. ‘‘Edison is not or Georgia, these provisions would not to avoid bankruptcy. being straight with the public or the Legisla- apply. ‘‘Basically, they took the money and ran,’’ ture about the extent of its debt.’’ John Burton, a Democratic leader of the In other words, this amendment says Freedman also said that the audit shows state Senate from San Francisco, told re- that in recent months Edison has been sell- there is one set of bankruptcy rules for porters. ‘‘Had they not done that they would ing some of its own generating power back to electric sales into California and an- not be in the financial problem they are in. itself at high prices on the open market, other set of bankruptcy rules for elec- If ratepayers bail them out, ratepayers then claiming both profit and debt. tric sales into the other 49 States. should get something in return, like power ‘‘It’s like a laundering scheme,’’ he said. Clearly, this is completely contrary to lines or something.’’ Michael Shames of the Utility Consumers the intent of our Founding Fathers and But officials with the utilities said their Action Network said the audit could signifi- the Constitution; they wanted one set critics are playing politics and misinter- cantly influence the fast-moving legislative preting their books. Tom Higgins, senior vice debate on the state’s energy crisis. He said of uniform rules to govern bankruptcy president at Edison International, said: that while it was not illegal for the utilities throughout the entire country. As a ‘‘There’s been no profit, no windfall. This is to transfer money to their parent companies, consequence, I urge my colleagues to the recovery of capital investment.’’ ‘‘the question is, ‘Was it prudent?’ ’’ reflect on this legitimate question of The past profits and current solvency of But Paul Hefner, a spokesman for Assem- the constitutionality of the amend- the state’s two struggling utilities are cen- bly Speaker Robert Hertzberg (D), said there ment. tral to California’s energy crisis. Most ex- are no substantive new revelations in the I yield the floor. perts agree that the state is suffering from Edison audit and that the Legislature is pro- The PRESIDING OFFICER. The Sen- soaring prices and its 15th day of emergency ceeding with a plan outlined last Friday that energy rationing because of a failed and dys- ator from Oregon is recognized. would cover much of the utilities’ debts in functional deregulatory plan, which allowed exchange for the state receiving warrants to Mr. WYDEN. Mr. President, there are wholesale energy prices to soar while cap- buy stock in the companies. 21⁄2 minutes on our side for the Smith- ping the rates utility companies could ‘‘I don’t know that it changes the land- Boxer-Wyden amendment. I yield a charge consumers. In the past six months, scape at all,’’ Hefner said, referring to the minute and a half of that time to Sen- the utilities have gone bust, while wholesale audits. ‘‘All along we’ve been saying we’re ator BOXER, and I thank her. I remind power producers have reaped huge profits. not going to do this and get nothing back. our colleagues on this issue affecting California is fast running out of time to We’re driving as hard a bargain as we can.’’ solve its immediate energy crisis. The state the Pacific Northwest, there is a dis- already has used up the first $400 million in Mrs. BOXER. Another private utility agreement among the Californians. emergency appropriations for electricity did the same thing to the tune of $5 bil- Mrs. BOXER. Mr. President, I am purchases. The Legislature is considering lion. That is $9 billion these private supporting the Wyden-Smith amend- bills to make the state a major buyer of utilities sent out. ment because it sends the right sig- power—and to pass along possible steep in- In my opinion, this amendment sends nal—an ethical signal to the private creases in costs to consumers. Gov. Gray a strong message to the utilities in my utilities in California who owe billions Davis (D) worked through the weekend try- State: It is not right to ask for help of dollars of unpaid bills to those who ing to hammer out a longer-range plan, but and walk away from your obligations. supplied energy to my State when my so far the Legislature has passed only emer- This amendment helps 12 power compa- gency measures and decrees—and no long- State was in dire need. Sometimes term solutions. nies in California, municipal compa- these power generators, many munic- Higgins, the Edison International execu- nies. In the end, it will help consumers ipal utilities, were forced by the Fed- tive, said Southern California Edison was re- because the next time there is a crisis, S2276 CONGRESSIONAL RECORD — SENATE March 14, 2001 power companies will not fear they will The result was announced—yeas 67, which this body addressed last week, be left high and dry and they will be nays 30, as follows: through the use of a procedure which is willing to assist us in the future. [Rollcall Vote No. 26 Leg.] not normally utilized, when the Senate This amendment was not offered in YEAS—67 of the United States said that a rule anger; it was offered in fairness. I sup- Akaka Feingold McConnell that had been promulgated by the De- port it. Allard Feinstein Mikulski partment of Labor would not be al- I yield back the remainder of my Allen Frist Murkowski lowed to go into effect addressing inju- time. Bayh Graham Nelson (NE) ries in the workplace that workers re- The PRESIDING OFFICER. There Bingaman Gramm Nickles Bond Grassley Reed ceive which cause them to lose very are 37 seconds remaining. Breaux Gregg Reid Mr. WYDEN. To finish the debate, I valuable hours of service, both to Brownback Hagel Rockefeller themselves and their employers. Those yield to Senator SMITH, my colleague. Bunning Hatch Sarbanes Mr. SMITH of Oregon. Mr. President, Carper Helms Schumer workplace injuries clearly cause a loss I appreciate the chance to say a few Chafee Hutchinson Sessions to companies and small businesses, as closing words on this debate, which has Clinton Hutchison Shelby well as the personal loss that is caused Cochran Inhofe Smith (NH) to the individual. been a good one. Collins Jeffords Snowe All the neighbors of California are Conrad Johnson Specter There was a great deal of concern asking—at least those affected by the Daschle Kerry Stevens raised by myself and by some Repub- Bonneville Power Administration—is DeWine Kohl Thomas Dodd Landrieu Thompson lican colleagues to the rule because in that they be paid. I believe California Domenici Leahy Thurmond many cases it would have an adverse wants to pay. Ultimately, they have to Dorgan Lieberman Voinovich effect on the States’ workers com- work through their law that makes it Edwards Lincoln Warner pensation laws. And they had concerns difficult to pay. We want them to do Ensign Lott Enzi Lugar about the potential that the rule that. We need them to do that because would, in fact, allow injuries to be cov- NAYS—30 people in the Northwest already are ered that were not directly related to paying higher rates because of this Baucus Craig McCain Bennett Crapo Miller having been brought about by condi- California law. We should not have to Biden Dayton Murray tions in the workplace. pay additional, higher rates. Boxer Durbin Nelson (FL) The third thing I heard a great deal I thank the Chair. Burns Harkin Roberts The PRESIDING OFFICER. The Sen- Byrd Hollings Santorum of was that employers really didn’t ator from California is recognized. Campbell Inouye Smith (OR) have enough information to know Mrs. FEINSTEIN. Mr. President, how Cantwell Kennedy Stabenow whether they were covered or what Carnahan Kyl Wellstone much of my time remains? Cleland Levin Wyden were their responsibilities. Therefore, The PRESIDING OFFICER. One in order to try to answer those ques- minute 4 seconds. ANSWERED ‘‘PRESENT’’—1 tions and still address the concern that Mrs. FEINSTEIN. Mr. President, I Fitzgerald I think most people have about injuries rise to thank Senators MURKOWSKI and NOT VOTING—2 in the workplace, which are estimated BINGAMAN for opposing this amend- Corzine Torricelli to cost between $45 million and $54 mil- ment and also to join them in saying lion annually, I have offered an amend- that I believe this is a very dangerous The motion was agreed to. Mr. SESSIONS. Mr. President, I sug- ment that I think is one this body amendment. It creates two classes of gest the absence of a quorum. should embrace in a bipartisan fashion. creditors. The first is a protected class; The PRESIDING OFFICER (Mr. namely, certain Federal entities. No. 1, we say the Secretary of Labor, BURNS). The clerk will call the roll. Yesterday, I introduced into the within the next 2 years, shall promul- The legislative clerk proceeded to gate regulations dealing with these in- RECORD a series of letters from vir- call the roll. tually all of the electricity and natural juries in the workplace. In addition to Mr. NICKLES. Mr. President, I ask giving her the mandate from the Con- gas providers. Those letters had one unanimous consent that the order for common theme, and that theme was gress to promulgate these regulations, the quorum call be rescinded. we also go further and say that, in try- that to do this is not only unprece- The PRESIDING OFFICER. Without ing to address the concerns we heard dented, but it will probably force an in- objection, it is so ordered. voluntary bankruptcy because once the Mr. NICKLES. Mr. President, Sen- on the floor of the Senate, for instance, in issuing this new rule, the Secretary dam is broken, other creditors will ator BREAUX, Senator ENZI, and myself then seek to protect their rights under had an interesting and, I think, en- of Labor shall ensure that nothing in bankruptcy law. Hence, it is a very lightening discussion on the issue of the rule expands the application of the State workers comp law. We had a lot dangerous amendment. ergonomics, as well as Senator SPEC- of concern about whether it would be The State of California is currently TER. seeking to purchase the transmission I ask unanimous consent there now altered or expanded. This amendment lines of the utilities to be able to inject be a period of about 30 minutes for a clearly says that nothing would be in $7 billion and solve the problem. I urge discussion of this issue, the time to be the bill and the rule could expand the a ‘‘no’’ vote on this amendment. equally divided between Senators application of the State workers com- Is all time expired? BREAUX and ENZI for debate only. pensation law. It also says that noth- The PRESIDING OFFICER. Yes, it is. The PRESIDING OFFICER. Is there ing in this amendment or in the rule Mrs. FEINSTEIN. Mr. President, I objection? could affect the OSHA laws. They are move to table the Wyden amendment Mr. REID. Reserving the right to ob- in place as they are, and if somebody and ask for the yeas and nays. wants to change them, that would be The PRESIDING OFFICER. Is there a ject, Mr. President, does the Senator for a later date. sufficient second? have an idea how long this will take? There is a sufficient second. Mr. NICKLES. About 30 minutes. The other thing I think was very im- The question is on agreeing to the The PRESIDING OFFICER. Without portant, which we heard from so many motion to table Amendment No. 78. objection, it is so ordered. of our people, was that the injuries The Senator from Louisiana is recog- The clerk will call the roll. they are talking about under the rule nized. The assistant legislative clerk called shall be work-related disorders that the roll. Mr. BREAUX. Mr. President, I thank my colleagues for the discussion with occur within the workplace. Many peo- Mr. FITZGERALD (when his name ple were concerned that, well, someone me—Senator ENZI, Senator LANDRIEU, was called). Present. could injure their back on a Saturday Mr. REID. I announce that the Sen- and Senator BLANCHE LINCOLN—on the at home during a recreational activity ator from New Jersey (Mr. CORZINE) issue of an amendment I have at the and the Senator from New Jersey (Mr. desk, which we will not vote on right and come to work on Monday and blame it on conditions in the work- TORRICELLI) are necessarily absent. now, but I hope to perhaps reach an The PRESIDING OFFICER (Mr. agreement on at a later hour. place. BUNNING). Are there any other Sen- The amendment addresses the ques- The amendment I have offered, along ators in the Chamber desiring to vote? tion of the so-called ergonomics rule, with my bipartisan cosponsors, says March 14, 2001 CONGRESSIONAL RECORD — SENATE S2277 the standard shall not apply to non- on ergonomics already—to see what These are folks who are doing that work-related disorders that occur out- was done and where it went wrong be- same job in all of the examples we use, side the workplace or nonwork-related fore. Also, I am scheduling some meet- the same job day in and day out. They disorders that are aggravated by the ings with Secretary Chao. I am pleased are the experts on it. They know the workplace. to have other people involved in those things that can be done to make their So every objection I heard, particu- meetings with me. We need to come up work easier. larly from my colleagues on this side of with a mechanism that will actually Those are the things that need to be the aisle, I think has been taken care prevent injuries. I am not interested in incorporated in ergonomics: very spe- of in the amendment we have offered. the mechanism that just does paper- cific suggestions for a particular kind It is my intent that if this rule would work or just puts costs on business. I of a—it is not even for a particular be promulgated, nothing in this amend- know the people who submitted this kind of business because within an in- ment would prohibit Congress from amendment—particularly Senator dustry, several different businesses will using the same Congressional Review BREAUX—are not interested in having do the same operation differently. If Act procedures if they did not like the that either. they conferred more, which I am not rule. If some think it is too much or I have been trying to work on this sure they are allowed to do either, then too little, they can still use the Con- compliance issue through a number of they would probably wind up with a gressional Review Act, as we did last mechanisms since I got here. One of standard method of doing things, and week to knock down the rule with them is something called the SAFE they would be able to compare the which a majority of the Members of the Act. It was encouragement for busi- ergonomics process, as well as any Congress did not agree. nesses—particularly small businesses— other safety issue and come to an I think our amendment addresses to hire professional consultants to agreement on how those safety issues every concern. The question is, Do you come in and take a look at their busi- can be reached. want to do something about the work- ness. I would suggest using OSHA peo- Another thing that needs to be done place that is fair, reasonable, respon- ple, but they are already overworked while we are at it is changing the rule- sible; that businesses can embrace, doing OSHA inspections. In State plan making process. One of the things that working people can embrace, and say, States, which are the States where fascinated me in my comments and vis- all right, this is a problem, let’s recog- there are the least OSHA accidents, its with Assistant Secretary Jeffress, nize it and do something about it? Just there are more inspections but there is who is in charge of OSHA, was that in to say, well, the Secretary may not do more consultation that is done. So I the 28 years OSHA has been in effect, that, really doesn’t give any guidance have put a huge emphasis on consulta- there has not been one rule revised to what the Congress says. We should tion with businesses. even though there have been huge make the rules. The way the consultation works in changes in the workplace. What that tells me is that our rule- My amendment takes care of every States is the OSHA team, or inspector, making process is so cumbersome, so objection I heard, I think, and I think comes in and looks at the place and subject to court action that we cannot there is a proper balance between em- says this is wrong, this is wrong, and take a look at things that were done 28 ployers and business, as well as the this is wrong. If they say that, you bet- years ago even though the technologies working men and women of this coun- ter fix it. And if you fix it, then you are have changed tremendously. try. I do not, for the life of me, under- not subject to the penalties. There are some things that need to That is an incentive process. That is stand why this would not be something be done. I wish we had been consulted what I envision for compliance with an that should not be unanimously agreed a bit more on some of the specific ergonomics rule as well: Somebody to by Republicans as well as my Demo- wording. I know there is an effort to helping the small businessman. I am crat colleagues. work together on some of these things, I reserve the remainder of my time. not worried about the big so we may be able to come up with an The PRESIDING OFFICER. The Sen- businesspeople because they have the agreement in a short while so this ator from Wyoming is recognized. VPP program, the specialists, and they amendment can be accepted. Mr. BREAUX. I guess we are equally have the professionals on staff. It is the I thank the Senator from Louisiana divided under the agreement. little guy, and that is what we talked for making this effort, for getting us The PRESIDING OFFICER. Correct. about when we did the ergonomics CRA started on it. I hope he will work with Mr. BREAUX. I will yield 15 minutes last week. They cannot digest all the me on the process. I yield the floor and to my colleague. I reserve 15 minutes. information. They do not even know reserve the remainder of my time. The PRESIDING OFFICER. The Sen- what is absolutely essential and what The PRESIDING OFFICER. The Sen- ator from Wyoming is recognized. is suggested. ator from Louisiana. Mr. ENZI. Mr. President, I thank If somebody can tell them what to Mr. BREAUX. Mr. President, I will Senator BREAUX for his efforts on do—they know the value of their em- use whatever time I need, and I will ergonomics. These injuries are hap- ployees; they want to protect their em- then yield to the Senator from Arkan- pening in this country and we need to ployees. In most instances, they do not sas. do something about them. I appre- know how to protect their employees. Some of the points the Senator made ciated the conciseness with which he If there is more of the consultation as- are valid. However, our amendment ad- made a statement during the last de- pect to it and the incentive to do it, if dresses those concerns, particularly bate we had on ergonomics. the folks come in and tell you to do the concern about an employer know- I wish his bill more closely followed those things and you do those things, ing exactly what his or her require- the statement he made. I suspect there you will not be fined. I am so pleased ments are because we say that the rule is leeway in there to do exactly what there is a compliance piece to this. shall set forth in clear terms the cir- he said when he made that statement, Something I hope will be incor- cumstances under which an employer and I think this comes fairly close. I porated in the future, perhaps even in is required to take action, the meas- hope we will be able to work together this rule, is the ability of the managers ures required of an employer under the to make some changes in what is in his to talk to the employee or employees standard, and the compliance obliga- amendment. Most of all, what I hope is directly. The way the current national tion of an employer under the stand- that the Senators who are interested in labor standards read is that manage- ard. this issue will work with me. I am the ment cannot talk to the employees un- We give the employers clear direc- subcommittee chairman for Employ- less they are in a union. Of course, if tion. We let them know when they are ment, Safety and Training. It is all of they are in a union, then the manage- in compliance, and we clearly spell out the labor issues. It includes the ment can talk to the representative of what their obligations are and also the ergonomics issue. I had planned to the employees. measures that are required. begin a process of holding some hear- We are missing this step of being able Under the requirements of our legis- ings. I already have my staff members to say to an employee: How are you lation, the rule has to come back and looking at past efforts—and there are feeling? How is your workstation? Are clarify to an employer exactly what is supposed to be 10 or 12 years of efforts there any improvements we can make? being required. S2278 CONGRESSIONAL RECORD — SENATE March 14, 2001 I think the amendment is a good one; craft a new Federal ergonomics stand- ment we can reach on an authorization ergo, I think it should be adopted. ard. In addition, our amendment di- bill as an amendment either to this I yield whatever time she consumes rects the Department to address seri- legislation that is currently pending to the Senator from Arkansas, Mrs. ous problems that exist in the previous before the Senate or to some other leg- LINCOLN. rule. islative package that is going to come The PRESIDING OFFICER. The Sen- Specifically, we make clear that the before the Senate. I will continue to ator from Arkansas. new standards should not apply to inju- work with our colleagues and our staffs Mrs. LINCOLN. I thank the Chair. ries that occur outside the workplace trying to find a way to reach an agree- Mr. President, with all of this talk or, as Senator BREAUX mentioned, inju- ment on a pending amendment. we have heard recently about biparti- ries that are aggravated by activities I yield the floor. sanship and wanting to do what is right that employees perform as a part of Mr. ENZI. I thank the Senator from by everyone, not leaving anyone be- their job. Arkansas and the Senator from Lou- hind, I am certainly glad we have at Furthermore, this amendment re- isiana for their consideration and their least a few minutes to have a debate on quires the Secretary of Labor to set work in a bipartisan way to see we get an alternative to last week’s issue of forth in clear terms what businesses something done and to extend that op- workplace safety. are required to do to comply with this portunity to go to meetings with Sec- I have been delighted to work with new standard before it takes effect. retary Chao and also to participate in my colleagues, Senator BREAUX and Finally, we prohibit the new rule hearings on my subcommittee. We Senator LANDRIEU—and Senator SPEC- from expanding the application of want to make some progress on this TER has worked with us—in developing State workers compensation laws. issue. an amendment that requires the De- In short, I believe our amendment is I suggest the absence of a quorum. partment of Labor to draft a new a reasonable, commonsense approach The PRESIDING OFFICER. The ergonomics standard that addresses the that will allow the Department of clerk will call the roll. ergonomic hazards in the workplace Labor to address a serious health and The assistant bill clerk proceeded to without penalizing business owners safety issue in the workplace in a man- call the roll. who act in good faith. ner that is fair to both employees and Mr. REID. Mr. President, I ask unan- As I stated in my remarks last week, employers. After all, in the debate last imous consent the order for the I voted to repeal the ergonomics stand- week, is that not what we said we were quorum call be dispensed with. ard last year because, in my opinion, it striving for? The PRESIDING OFFICER. Without was unreasonable in terms of the re- As a founding member of the Sen- objection, it is so ordered. quirements it imposed on businesses ate’s new Democrats coalition who is Mr. REID. Mr. President, I know Sen- and how unworkable it was with regard inclined to seek compromise whenever ator ENZI is not managing the bill—he to the vagueness of the standards with possible, I wish we had been given the is on the floor for other reasons—but I which employers were expected to com- opportunity to draft and offer a com- wonder if we could have some idea in ply. promise proposal on ergonomics last the near future as to what we are going However, I do not believe our action week when it was most appropriate. to do for the rest of the day. Senator to overturn the current ergonomics Unfortunately, we did not have that WELLSTONE, by virtue of the unani- rule should in any way be interpreted opportunity. mous consent agreement, is going to as congressional intention to end the Now that the consideration of the come in at 1:15. We have Senator DUR- debate on this issue of workplace safe- resolution of disapproval has been con- BIN who has offered what is, in effect, a ty. That is what we did last week. That cluded, I am certainly hopeful my col- substitute. That was laid down last certainly was not my intention. In leagues will want to work in a bipar- night. He is willing to start debating fact, I believe the Federal Government tisan way and permit a reasonable pe- that amendment. does have a responsibility to set safety riod of debate and vote on this amend- We have others we could get over standards and to protect workers ment and come up with something that here to offer amendments. We want the against hazards that exist in their is going to be workable for absolutely record to be clear that we are doing ev- place of employment. everybody, certainly employees as well erything we can. Senator LEAHY has in- Certainly, the new Secretary of as employers and businesses, all of structed everyone to move this bill Labor and the new administration, which can be brought to the table in along as quickly as possible. I certainly through working with our colleagues in the next 2 years, and we can craft agree with that. I see Senator GRASS- hearings and other ways, I think would something that is going to be workable LEY, too. Maybe we could have some in- relish the idea of being able to come up and meet the objectives we have all ex- formation as to whether we could set with a standard that is workable, pressed. aside the amendment that is pending something that can give us workplace I thank the Senator from Louisiana and move on to something else? safety but encourage businesses to be for his hard work and leadership in this The PRESIDING OFFICER. The Sen- involved. That is certainly possible. effort, and I look forward to working ator from Wyoming. The ergonomics standard or the rule with all of our colleagues in the next Mr. ENZI. Mr. President, it is my un- we saw last year was a no win for any- several days to come up with some- derstanding the bill managers are look- one because we were not going to see, thing we can adopt and prove to the ing at what is left on the bankruptcy because of the court cases that were al- people of this Nation and businesses of bill at this moment. Senator ready involved with that rule, workers this Nation that we are truly con- WELLSTONE’s bill will be the amend- protected, nor were we able to see a cerned about workplace safety and ment pending. He is planning on being reasonable compliance that industries about being sensible. here at 1:15. could meet. It was not a win for any- I yield back to the Senator from Lou- I had heard some concern that most one. isiana the remainder of his time. of the actual bankruptcy issues had If we fail to come back with anything Mr. BREAUX. I thank the Senator been covered and we were just doing else, and if we fail to encourage the De- from Arkansas for her contribution. some peripheral ones. There is some partment of Labor to come up with She comes from a State deeply in- concern on our side as to what the something that is reasonable and work- volved in these issues. I know she process is going to be, too. It is my un- able, then we, once again, have failed speaks with a ‘‘mine’’ of experience in derstanding they are discussing that everyone—businesses and employees— addressing these concerns. I thank her now. The chairman probably can give because we can do better at providing for her contribution, as well as my col- us some information. better workplace safety, and we can league from Louisiana, Senator Mr. GRASSLEY. If the Senator from also provide businesses a better way of LANDRIEU. Nevada will yield, I will try to respond complying with it. Everyone wins with I take this time to say to our col- to his inquiry. that—workers and businesses. leagues our staffs are currently talking No. 1, since so many people are busy The amendment we are offering gives with each other across party lines to during the lunch hour with the steer- the Department of Labor 2 years to see whether there might be some agree- ing committees and the type meeting March 14, 2001 CONGRESSIONAL RECORD — SENATE S2279 that both parties have, we might not The senior assistant bill clerk read as have an up-or-down vote on this be so fortunate as to get something up follows: amendment. My understanding is that before 1:15 when the Wellstone amend- The Senator from Nevada [Mr. REID], for it might not happen and there might be ment is up. Mr. LEAHY, proposes an amendment num- a second-degree amendment. I don’t The second is, the Senator asked if bered 19. know what that amendment is, but it we could do another amendment. What Mr. REID. Mr. President, I ask unan- will probably be an amendment that amendment would the Senator suggest imous consent that reading of the will gut this amendment. we move to, then? amendment be dispensed with. It makes me start to wonder, even Mr. REID. There is one amendment The PRESIDING OFFICER. Without more, about what we have been doing about which I have received a number objection, it is so ordered. out on the floor of the Senate with this of calls today. Mr. DURBIN, the Senator The amendment is as follows: bankruptcy bill. My colleague called from Illinois, wants to offer his sub- (Purpose: To correct the treatment of cer- this a reform bill, but I wish to men- stitute. In effect, that is what it is. The tain spousal income for purposes of means tion a couple of articles that have been Senator from Iowa is familiar with testing) published recently. I will soon ask to that. It is at the desk. On page 17, line 8, strike ‘‘and the debtor’s have them printed in the RECORD. It is at the desk. He would be willing spouse combined’’ and insert ‘‘, or in a joint There was a piece that appeared on to have a relatively short time agree- case, the debtor and the debtor’s spouse’’. Tuesday, March 13, in the Wall Street ment for the opportunity to express his Mr. REID. Mr. President, I suggest Journal entitled, ‘‘Auto Firms See views on that. the absence of a quorum. Profit In Bankruptcy-Reform Bill Pro- Mr. GRASSLEY. As the main sponsor The PRESIDING OFFICER. The vision.’’ The first paragraph: of this legislation, I should be able to clerk will call the roll. The nation’s three major auto makers are tell you we could go to the Durbin The assistant legislative clerk pro- always interested in making deals, and they amendment. But we have some reserva- ceeded to call the roll. hope to close one in the U.S. Senate this tion at this time on moving forward on week that is worth millions of dollars to Mr. GRASSLEY. Mr. President, I ask the Durbin amendment, particularly each of them. unanimous consent that the order for because it would take a good deal of The deal lies in the bankruptcy-reform bill the quorum call be rescinded. time and would interfere with the expected to clear the Senate this week. Bur- The PRESIDING OFFICER. Without ied in the bill’s 42 pages is a section that Wellstone amendment. If there is some objection, it is so ordered. changes the way auto loans are treated when other amendment the Senator from Ne- an individual declares bankruptcy, making f vada would like to take up, he might it more likely the car loans will have to be suggest something, and we would MORNING BUSINESS paid back in full—even while other creditors quickly consider that. collect only part of what they are owed. Mr. REID. We have one that Senator Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate That might include child support LEAHY has been trying to get up, payments as well. amendment No. 19, a set-aside amend- now be in a period of morning business with Senators speaking up to 10 min- There also is in here a chart that ment. deals with the soft money, PAC, and Mr. GRASSLEY. That is the same utes each until 1:15 today. The PRESIDING OFFICER. Without individual contributions by members of amendment, if we went back to regular the Coalition for Responsible Bank- order. If we called regular order, we objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ruptcy Laws. would end up on that amendment. I actually think the bitter irony is suggest the absence of a quorum. Mr. REID. It is my understanding that the debate we have been having on The PRESIDING OFFICER. The that No. 20 is regular order. This one this bill—for the 21⁄2 or 3 years I have clerk will call the roll. isn’t before the Senate. been working on this—is probably, un- The assistant legislative clerk pro- Mr. GRASSLEY. This is an amend- fortunately, a perfect bridge to the de- ceeded to call the roll. ment that has not been before the Sen- bate we are going to have on campaign Mr. WELLSTONE. Mr. President, I ate. finance reform. ask unanimous consent that the order Mr. REID. That is my understanding. Again, I want to be real clear with for the quorum call be rescinded. It has been filed but it has not been de- my colleagues. I don’t like to come to The PRESIDING OFFICER. Without bated. the floor and do a one-to-one correla- Mr. GRASSLEY. I suggest we put in objection, it is so ordered. tion that money has been given, so a quorum call, and then we will take a f that is why you are voting this way. I look at it. don’t believe in that for several rea- Mr. REID. Mr. President, I suggest BANKRUPTCY REFORM ACT OF sons. One, it would be arrogant on my the absence of a quorum. 2001—Continued The PRESIDING OFFICER. The part to believe that if somebody has a AMENDMENT NO. 36, AS MODIFIED different point of view, that means, clerk will call the roll. The PRESIDING OFFICER. The The assistant legislative clerk pro- ipso facto, they are receiving all this clerk will report the pending amend- money from, for instance, the financial ceeded to call the roll. ment of the Senator from Minnesota. Mr. REID. Mr. President, I ask unan- services industry and that is why they The legislative clerk read as follows: imous consent that the order for the are voting the way they are. That is quorum call be rescinded. Amendment No. 36, as modified, previously not my argument. The PRESIDING OFFICER. Without proposed by Mr. WELLSTONE. Rather, my argument is institu- objection, it is so ordered. Mr. WELLSTONE. Mr. President, I tional, which is more serious. The Mr. REID. Mr. President, I ask that want to be clear with my colleagues problem with this political process is the pending amendment be set aside and the majority leader that I came to not that there is ‘‘corruption,’’ as in temporarily and amendment No. 19 on the floor very early on with several the wrongdoing of individual office- behalf of Senator LEAHY be offered. amendments to move this process for- holders, as in one-to-one quid pro quo— It is my understanding that the Sen- ward. Last week, when I initially ob- here is the money, here is how you ator from Iowa will also want a unani- jected to a motion to proceed, the ma- should vote. mous consent agreement to indicate jority leader said we would have sub- The problem is institutional, and there would be no second-degree stantive debate on amendments. This that is a more serious problem. It is amendments. amendment has been ‘‘hanging out the imbalance of power, the imbalance The PRESIDING OFFICER. Without there’’ for several days. I have wanted of access, the imbalance of influence, objection, it is so ordered. a vote on this amendment. I modified not affluence, between the people I AMENDMENT NO. 19 this amendment because there was con- have tried to represent as a Senator— Mr. REID. Mr. President, I send an cern on the part of one of my col- low- and moderate-income people, peo- amendment to the desk. leagues on the other side that there ple of color, poor people, consumers— The PRESIDING OFFICER. The was a jurisdictional problem with a and the heavy hitters, the investors, clerk will report. committee. I had assumed we would the players, the lobbying coalition. S2280 CONGRESSIONAL RECORD — SENATE March 14, 2001 There has been article after article year and, in 1999, at his summer home in On employee safety, consumer bankruptcy about the full-court press of the finan- Maine, north of the Bush family retreat in and a host of other issues, Bush administra- cial services industry over this bill. Kennebunkport. At the Maine affair, 200 tion officials maintain they are acting The auto firms get a good deal. That guests gathered in the early evening on the strictly on the merits, not the money. Pro- large porch of the Cawley home, situated on is worked into this bill. Buried in the ponents of the bankruptcy bill, for example, a hill with a sweeping view of the Atlantic point out that personal bankruptcy filings bill’s 42 pages is a special deal for Ocean. Guests sipped cocktails and heard a reached a record 1.4 million in 1998. The bill them. brief talk by the candidate. that would toughen the bankruptcy law won By the way, it is not a special deal The money didn’t stop on election day. Mr. strong bipartisan support in the House last for you if you are going under because Cawley and his wife each gave the maximum week, passing 309–106. of major medical expenses, which is 50 of $5,000 to help fund Mr. Bush’s fight in the Business advocates maintain that the percent of the cases. It is not a special Florida vote recount. Mr. Cawley gave an ad- ergonomics rules include an overly broad ditional $100,000 to the Bush-Cheney inau- definition of ‘‘musculoskeletal disorders’’ deal for you if you have lost your job in gural committee, the most the committee the Iron Range of Minnesota, 1,400 tac- and that the new standards give employees would take from a single donor. claiming to have such disorders overly gen- onite workers out of work. It is not a Last week, MBNA’s investment began pay- erous treatment: 90% of their salary and ben- special deal for you if you have gone ing off. The company, one of the nation’s efits for up to three months. three largest credit-card issuers, has been through a divorce and there is a sudden But a strongly as they believe in their ar- pushing for years to tighten bankruptcy laws loss of income. But it is a special deal guments, business lobbyists acknowledge it’s that allow certain consumers filing for court for these folks. This is a piece by Tom no accident that, following their massive protection, in effect, to disregard obligations support for the GOP, Republicans are moving Hamburger of the Wall Street Journal. to credit-card companies and other unse- quickly to address some of their top issues. There is another piece in the Wall cured lenders. On Wednesday, the White Mr. Bush ran the most costly presidential Street Journal by Tom Hamburger, House announced that President Bush would campaign in American history. Donors to his Laurie McKinley, and David S. Cloud: sign a bill now moving through Congress campaign and the Republican National Com- For the businesses that invested more that would make it tougher for consumers to escape such debts. If enacted, the measure mittee contributed a total of $314 million. Of money than ever before in George W. Bush’s that, more than 80% came from corporations costly campaign for the presidency, the re- could translate into an estimated tens of millions of dollars in additional annual earn- or individuals employed by them. Al Gore turns have already begun. and the Democratic National Committee MBNA America Bank was one of the larg- ings for each of the big credit companies. raised $213 million, receiving strong support est corporate donors to the Bush campaign MBNA’s vice chair, David Spartin, says his from labor organizations and their members. and other GOP electoral efforts last year. firm has no way to estimate how the legisla- But more than 70% of the Democratic total The bank and its employees gave a total of tion would affect the company’s bottom line. also came from businesses and their employ- $1.3 million, according to the Center for Re- MBNA has backed the bill for years ‘‘because ees. sponsive Politics, a nonpartisan clearing- we think it is good for consumers,’’ as it will These totals can be seen as somewhat in- house here. Charles Cawley, MBNA’s presi- ‘‘reduce the cost of credit for everyone,’’ Mr. flated because most donors to either party dent, was a member of the Bush ‘‘pioneers,’’ Spartin says. The donations to President work for a business. But the amounts don’t wealthy fund-raisers who each personally Bush and other candidates were made be- include separate contributions from trade as- gathered at least $100,000 for the presidential cause ‘‘we think they would make excellent sociations or independent business adver- campaign. public officials,’’ he adds. No MBNA official ‘‘has ever spoken to President Bush about tising. ‘‘The role of business last year was I guess I am not going to get any sup- the bill,’’ Mr. Spartin says. huge, and it overwhelmingly benefited Re- port from the pioneers in my Senate Many corporations feel like a new day is publicans,’’ says Larry Makinson of the Cen- race. dawning in Washington. ‘‘We have come out ter for Responsive Politics. Mr. Cawley hosted Bush fund-raising of the cave, blinking in the sunlight, saying As the bankruptcy and ergonomics bills events at his home in Wilmington, Del., last to one another, ‘My God, now we can actu- move through the Senate over the next few year and, in 1999, at his summer home in ally get something done,’’’ says Richard days, business groups also will be looking for Maine, north of the Bush family retreat in Hohlt, Washington lobbyist for several other early action on other key issues. Here’s a Kennebunkport. major banks which, like MBNA, are backing preview. an industry coalition whose members pro- This whole piece—you get the point— With then-Vice President Al Gore and vided some $26 million to Republicans during many Democratic congressional candidates is all about huge amounts of money, the 1999–2000 campaign cycle. railing against alleged profiteering by drug lobbying coalitions, access, and influ- President Clinton last year vetoed a simi- companies, the industry made its biggest- ence. lar bill that would have toughened bank- ever contributions to the GOP cause. I ask unanimous consent that both of ruptcy law. Consumer groups argue that Drug companies contributed $14 million to these articles by Mr. Hamburger in the such legislation would weaken protection for Republican campaigns over the past two Wall Street Journal be printed in the working families, many of whom have been years and spent an additional $60 million to the targets of aggressive credit-card mar- RECORD. fund their own independent political-adver- keting. tising campaign. Industry executives will be There being no objection, the articles Also in action last week were members of lobbying the new administration on a wide were ordered to be printed in the a large coalition of Mr. Bush’s business back- range of issues, such as the proposal to over- RECORD, as follows: ers who want to roll back new federal rules haul the Medicare program and include a designed to protect workers from repetitive- [From the Wall Street Journal] prescription-drug benefit for senior citizens. INFLUENCE MARKET: INDUSTRIES THAT motion injuries. In a private meeting with congressional The industry wants to make sure such a ben- BACKED BUSH ARE NOW SEEKING RETURN ON leaders last Tuesday, President Bush signed efit doesn’t lead to drug-price controls. INVESTMENT—TOBACCO WANTS TO KILL A off on a plan to kill the ergonomic regula- But the fight isn’t likely to command cen- SUIT, OIL TO DRILL IN ALASKA; PATIENT tions, using the powers of the Congressional ter stage for many months. In the meantime, PRIVACY TARGETED—WHITE HOUSE Review Act. That act, passed in 1996, gives drug companies will press for a rewrite of STRESSES MERITS Congress 60 days to reject regulations issued federal rules protecting the privacy of pa- (By Tom Hamburger, Laurie McGinley and by federal agencies. But it was never used tients’ medical records. The rules were an- David S. Cloud) during Mr. Clinton’s term because to take ef- nounced with much fanfare in the final WASHINGTON.—For the businesses that in- fect, a resolution rejecting new rules has to weeks of the Clinton administration. The vested more money than ever before in be approved by the president. drug companies recently got a sign that George W. Bush’s costly campaign for the Repealing the ergonomic rules ranks high they, too, were making progress with the presidency, the returns have already begun. on the priority lists of the U.S. Chamber of new administration. MBNA America Bank was one of the larg- Commerce, the National Association of Man- Health and Human Services Secretary est corporate donors to the Bush campaign ufacturers and the National Association of Tommy Thompson, in a move that infuriated and other GOP electoral efforts last year. Wholesaler-Distributors. The trade groups consumer groups, invited additional public The bank and its employees gave a total of technically don’t endorse candidates, but comments on the rules until the end of this about $1.3 million, according to the Center each of them mounted major grass-roots and month. The industry is hoping the move will for Responsive Politics, a nonpartisan clear- advertising campaigns that benefited Mr. lead to more delays and, ultimately, signifi- inghouse here. Charles Cawley, MBNA’s Bush and other Republicans in the 2000 elec- cant revisions. president, was a member of the Bush ‘‘pio- tions. Last December, Mr. Clinton heralded the neers,’’ wealthy fund-raisers who each per- A repeal would be a particularly hard loss rules as ‘‘the most sweeping privacy protec- sonally gathered at least $100,000 for the for organized labor, which has fought for en- tions ever written.’’ For the first time, pa- presidential campaign. actment of the ergonomic rules for 10 years, tients would have access to their medical Mr. Cawley hosted Bush fund-raising saying they are needed to protect workers files and could correct mistakes. Providers, events at his home in Wilmington, Del., last from wrist, back and other injuries. such as hospitals and health plans, would be March 14, 2001 CONGRESSIONAL RECORD — SENATE S2281 required to get written permission from pa- provide special benefits to groups with the tors, the proposed shift threatened a power- tients to use or disclose patients’ health in- ability to influence decision makers. For ex- ful business coalition, led by credit-card formation. Providers also would have to cre- ample, the legislation contains a two-para- companies, that has been pushing for an ate sophisticated record-keeping systems graph section—not the subject of any hear- overhaul of bankruptcy law in recent years. and privacy policies to document compliance ings or public debate—that could make it Despite some dissent, though, the coalition with the rules. more difficult for Lloyd’s of London to col- generally held together, says Jeff Tassey, or- Hailed by privacy advocates, the rules in- lect debts from American investors in the in- ganizer of the Coalition for Responsible clude provisions anathema to nearly every surance firm who can show they were vic- Bankruptcy Laws. Coalition members cal- segment of the health-care industry. Drug tims of fraud. The legislation also exempts culated that the advantages gained by auto makers, HMOs, drugstore chains and hos- credit unions from the bill’s disclosure re- companies were worth accepting to keep pitals say that while they back the goal of quirements for voluntary repayment plans. that powerful constituency behind the new increased privacy, the rules have a potential But it is the auto-loan provision that law. cumulative price tag in the tens of billions of draws the loudest complaints. ‘‘There are provisions that are important dollars, much of it to overhaul data-collec- ‘‘This is one of the best examples of why to some industries that aren’t important to tion and information-technology systems. this is legislation that is at war with itself,’’ others,’’ Mr. Tassey says. ‘‘But the members The companies warn that the new require- says Brady C. Williamson, who teaches at took a mature approach . . . It was impor- ments mean that pharmacies would need the University of Wisconsin Law School and tant to have the automobile industry in signed customer consents on file before they who was chairman of the National Bank- there.’’ could do something as simple as sending a ruptcy Review Commission in 1996 and 1997. To the auto industry, the change has been prescription home with a neighbor. The drug The bankruptcy bill is designed to reduce needed since cram-down was introduced into industry also says that research critical to the number of Chapter 7 bankruptcy filings, law in 1978. Since that law passed, bank- boosting corporate innovation and tracking in which consumers erase debts to unsecured ruptcy rates have gone up nearly 800% and the safety of drugs would be inhibited. Aca- creditors, and increase the number of Chap- automobile companies, which make a signifi- demic researchers seeking personal health ter 13 filings, which require debtors to repay cant portion of revenue from lending, were information from hospitals would have to at least a portion of their obligations under upset about the losses. get authorization from the patient or under- the supervision of a court-appointed trustee. They argued that eliminating cram-down go a special privacy review by a hospital The auto giants gain because the proposed will make the overall system more dis- panel. law would eliminate the so-called cram-down ciplined, helping all creditors. Mr. Tassey Privacy advocates such as Janlori Gold- rules that allow borrowers entering Chapter says that cram-down works as an incentive man of the Health Privacy Project at 13 bankruptcy to repay only an automobile’s to enter Chapter 13 bankruptcy and argues Georgetown University counter that such market value plus interest, not the full value that removing it will ‘‘be a deterrent to fil- dire predictions are inaccurate and of the outstanding loan. ing specious bankruptcies.’’ ‘‘hysterical.’’ Consider, for example, the situation of But opponents scoff at those arguments. Technically, the regulations apply to the someone entering bankruptcy who bought a ‘‘This is the worst provision in this bill for use of information by hospitals, doctors, car two years ago for $10,000. The car is now those who want to induce people to pay their pharmacists and HMOs. But they have big worth $6,000, but the buyer still owes $8,000 debts back,’’ says Henry Hildebrand of Nash- implications for drug companies, which de- in a multiyear note to the auto dealer. Under ville, Tenn., chairman of the legislative- and pend on access to that data for research and current law, a person filing for Chapter 13 legal-affairs committee of the National Asso- marketing. Among the drug companies most bankruptcy would pay the dealer the $6,000 ciation of Chapter 13 Trustees. concerned is Merck & Co., because of its market value and keep the car. The remain- As Mr. Hildebrand and others see it, the Merck-Medco unit. Like other pharmacy- ing debt would be considered, along with legislation will hurt all creditors, and will benefits managers, which obtain contracts debts owed to other unsecured creditors such run contrary to the intent of the law’s pro- from HMOs and employers to keep drug costs as retailers, credit-card firms and medical ponents. He cites studies by his organization down, Merck-Medco fears it would be hin- providers. showing that a fifth of Chapter 13 debtors dered in its ability to track physician-pre- The theory behind the cram-down was that would be driven into Chapter 7, where they scribing patterns and other information. secured creditors could get the value of their can discharge or liquidate credit-card and Taking the lead on combating the rules is collateral back, cars wouldn’t get repos- other unsecured debt. And in the Senate last week, Sen. Durbin the Confidentiality Coalition, an industry sessed as often and bankruptcy filers could launched his effort to remove the auto sec- group that meets at the offices of the continue to pay off at least a portion of their tion from the final bill, or at least modify it Healthcare Leadership Council, overlooking obligations to auto lenders and other credi- tors under the supervision of a trustee. significantly. Farragut Square, a few blocks from the ‘‘This provision is unjustly tipped in favor White House. Dubbed the ‘‘Anti-confiden- But under the bill’s change, says Mr. Williamson, the debtor will have to devote a of the creditor, providing little or no protec- tiality Coalition’’ by privacy advocates, the tion for debtors,’’ Mr. Durbin says. ‘‘A person alliance has 120 members, including Merck, larger share of remaining resources to satis- fying the auto dealer. Many may lose their who want to keep their car and go to work Eli Lilly & Co., Cigna Corp. and Medtronic ends up being a loser.’’ Inc., the big medical-device maker. A core cars to repossession. Others will fall in Chap- ter 13, which already has a 66% failure rate. The bankruptcy coalition’s Mr. Tassey, group of 20 to 30 lobbyists shows up regularly though, dismisses the critics: ‘‘The bank- for strategy sessions. He worries that more creditors will thus end up filing under Chapter 7, precisely the out- ruptcy establishment likes the system the way they have been running it,’’ he says. [From the Wall Street Journal, Mar. 13, 2001] come the bill was designed to avoid. Lobbyists for the major auto companies, A STAKE IN BANKRUPTCY AUTO FIRMS SEE PROFIT IN BANKRUPTCY- whose financing arms make loans to their REFORM BILL PROVISION customers, acknowledge encouraging Michi- SOFT MONEY, PAC AND INDIVIDUAL CONTRIBUTIONS BY (By Tom Hamburger) gan’s former senator—now energy sec- MEMBERS OF THE COALITION FOR RESPONSIBLE BANK- WASHINGTON.—The nation’s three major retary—Spencer Abraham to add the provi- RUPTCY LAWS auto makers are always interested in mak- sion to the bankruptcy bill in 1999. (In thousands of dollars) ing deals, and they hope to close one in the ‘‘We think cram-down is a bad idea,’’ says U.S. Senate this week that is worth millions Anne Marie Sylvester, media-relations man- Organization To Demo- To Repub- Total of dollars to each of them. ager for GMAC North America, the financing crats licans The deal lies in the bankruptcy-reform bill arm of General Motors Corp. ‘‘It raises costs American Bankers Association $588.90 $1,109.60 $1,709.50 expected to clear the Senate this week. Bur- because it forces us to accept losses, which Credit Union National Associa- ied in the bill’s 420 pages is a section that we may have to spread among our customer tion ...... 763.40 873.04 1,642,44 Ford Motor ...... 208.47 548.21 772.13 changes the way auto loans are treated when base. In effect, it rewards debtors who don’t DaimlerChrysler ...... 161.03 483.08 700.11 an individual declares bankruptcy, making fulfill their obligations and penalizes those General Motors ...... 172.20 502.83 688.80 it more likely the car loans will have to be who follow the rules.’’ She said GMAC con- America’s Community Bankers 201.57 334.85 536.42 Independent Bankers Associa- paid back in full—even while other creditors tributed $1.6 billion to GM’s $5 billion earn- tion ...... 164.62 261.25 429.47 collect only part of what they are owed. ings last year. The bill also stands to benefit Visa USA ...... 172.25 167.85 340.10 Automobile lenders and academic experts GM’s main competitors, Ford Motor Co. and National Retail Federation ...... 28.50 204.78 233.28 American Financial Services say the financing arms of the large auto Daimler Chrysler AG. Association ...... 38.84 155.73 194.57 companies will gain hundreds of millions of This provision was in the bill that passed Mastercard International ...... 11.60 82.60 96.65 dollars annually if the auto-loan provision Congress last year but was vetoed by then Consumer Bankers Association 10.25 13.00 23.25 remains in the final bill, despite efforts by President Clinton, who said it hit working Total (in millions) ...... $2.52 $4.74 $7.37 Illinois Sen. Richard Durbin and other families too hard. In another sign of the ef- Democrats to pull it out. fect a change in the presidency can make, Note: Numbers don’t add up because some contributions went to non-par- tisan causes. The long-sought bill, which tightens the the Bush White House has formally signaled Sources: The Center for Responsive Politics, Federal Election Commission. rules under which consumers can declare its intention to sign the bill. bankruptcy, contains several other obscure Because removal of the cram-down effec- Mr. WELLSTONE. Mr. President, I provisions that, like the one on auto loans, tively puts auto lenders ahead of other credi- also ask unanimous consent that a New S2282 CONGRESSIONAL RECORD — SENATE March 14, 2001 York Times piece—all of these articles last election 86 percent went to Republicans, As he watched consumer-protection are dated Tuesday, March 13, 2001—be 14 percent to Democrats. The company, amendments to the bankruptcy bill fail by printed in the RECORD. which did not return phone calls for com- lopsided margins last week, Senator Patrick There being no objection, the mate- ment, made large donations to the Senate J. Leahy of Vermont, the ranking Democrat rial was ordered to be printed in the campaign committees of both political par- on the Judiciary Committee and a leading ties—$310,000 to the Republicans, $200,000 to critic of the bill, said that colleagues had RECORD, as follows: the Democrats. told him privately that they were ‘‘com- [From The New York Times, Mar. 13, 2001] MBNA’s donations were part of a larger mitted to the banks and credit card compa- LOBBYING ON DEBTOR BILL PAYS DIVIDEND trend within the finance and credit card in- nies—and they are not going to change. (By Philip Shenon) dustries, which have widely expanded their ‘‘Some of them do this because they think WASHINGTON, March 12.—A lobbying cam- contributions to federal candidates as they it’s the right thing to do,’’ Mr. Leahy said. paign led by credit card companies and stepped up their lobbying efforts for bank- But he said other senators were voting for banks that gave millions of dollars in polit- ruptcy overhaul. the bill because they know that the banks ical donations to members of Congress and According to the Center for Responsive and credit card companies ‘‘are a very good contributed generously to President Bush’s Politics, the industries’ political donations source’’ of political contributions. ‘‘I always 2000 campaign is close to its long-sought goal more than quadrupled over the last eight assume senators are doing things for the of overhauling the nation’s bankruptcy sys- years, rising from $1.9 million in 1992 to $9.2 purest of motives,’’ he added, his voice thick tem. million last year, two-thirds of it to Repub- with sarcasm. ‘‘But I have never had credit Legislation that would make it harder for licans. card companies show up at my fund-raisers, people to wipe out their debts could be Kenneth A. Posner, an analyst for Morgan and I don’t think they ever will.’’ passed by the Senate as early as this week. Stanley Dean Witter, said that the bank- Mr. Gekas said the implication that money The bill has already been approved by the ruptcy bill would mean billions of dollars in was buying support for the bankruptcy bill House, and Mr. Bush has pledged to sign it. additional profits to creditors, and that it was insulting, and that the bill did most con- Sponsors of the bill acknowledge that law- would raise the profits of credit card compa- sumers a favor by ending practices by some yers and lobbyists for the banks and credit nies by as much as 5 percent next year. In debtors that had forced up interest rates for card companies were involved in drafting it. the case of MBNA, that would mean nearly everybody else. ‘‘Bankruptcies are costly to The bill gives those industries most of what $75 million in extra profits in 2002, based on all of us who don’t go bankrupt,’’ Mr. Gekas they have wanted since they began lobbying its recent financial performance. said. in earnest in the late 1990’s, when the num- The bill’s most important provision would In the late 1990’s, banks, credit card indus- ber of personal bankruptcies rose to record bar many people from getting a fresh start tries and others with an interest in over- levels. from credit card bills and other forms of debt hauling the bankruptcy system formed a lob- In his final weeks in office, President Bill when they enter bankruptcy. Depending on bying group, the National Consumer Bank- Clinton vetoed an identical bill, describing it their income, it would bar them from filing ruptcy Coalition, for the purpose of pushing as too tough on debtors. But with the elec- under Chapter 7 of the bankruptcy code, a bankruptcy-overhaul bill through Con- tion of Mr. Bush and other candidates who which forgives most debts. gress. received their financial support, the banks Under the legislation, they would have to They said they needed to act to deal with and credit card industries saw an oppor- file under Chapter 13, which would require what was then a record number of personal tunity to quickly resurrect the measure. repayment, even if that meant balancing bankruptcy filings. According to court In recent weeks, their lawyers and lobby- overdue credit card bills with alimony and records, the number of personal bankruptcies ists have jammed Congressional hearing child-support payments. hit nearly 1.4 million in 1998, a record up rooms to overflowing as the bill was re- Consumer groups describe the bill as a gift from 718,000 in 1990. The number fell to just debated and reapproved. During breaks, to credit card companies and banks in ex- under 1.3 million last year, although it is ex- there was a common, almost comical pat- change for their political largess, and they pected to rise again if the economy con- tern. The pinstriped lobbyists ran into the complain that the bill does nothing to stop tinues to sour. hallway, grabbed tiny cell phones from their abuses by creditors who flood the mail with The coalition’s founders included Visa and pockets or briefcases and reported back to solicitations for high-interest credit cards Mastercard, as well as the American Finan- their clients, almost always with the news and loans, which in turn help drive many cial Services Association, which represents they wanted to hear. vulnerable people into bankruptcy. the credit card industry, and the American ‘‘Where money goes, sometimes you see re- ‘‘This bill is the credit card industry’s wish Bankers Association. sults,’’ acknowledged Representative George list,’’ said Elizabeth Warren, a Harvard law The Center for Responsive Politics found W. Gekas, a Pennsylvania Republican who professor who is a bankruptcy specialist. that the coalition’s members contributed was a sponsor of the bill in the House. But ‘‘They’ve hired every lobbying firm in Wash- more than $5 million to federal parties and Mr. Gekas said that political contributions ington. They’ve decided that its time to lock candidates during the 1999–2000 election cam- did not explain why most members of Con- the doors to the bankruptcy courthouse.’’ paign, a 40 percent increase over the last gress and Mr. Bush appeared ready to over- The bill’s passage would be evidence of the presidential election. heightened power of corporate lobbyists in haul the bankruptcy system. Mr. WELLSTONE. By the way, there ‘‘People are gaming this system,’’ Mr. Washington in the aftermath of last year’s Gekas said, describing the bill as an effort to elections, which left the White House and was also a piece on this on National end abuses by people who are declaring bank- both houses of Congress in the hands of busi- Public Radio this morning. There is an- ruptcy to wipe out their debts even though ness-friendly Republicans. other piece by Mr. Samuelson in the they have the money to pay them. ‘‘We need Last week, corporate lobbyists had another Washington Post this morning. His ar- bankruptcy reform.’’ important victory when both the Senate and gument is that it is not so much that Among the biggest beneficiaries of the the House voted to overturn regulations im- it is a bad bill—I think because I had to measure would be MBNA Corporation of posed during the Clinton administration to skim read it; I was in a rush—he was protect workers from repetitive-stress inju- Delaware, which describes itself as the saying that at a time with an economic world’s biggest independent credit card com- ries. pany. Ranked by employee donations, MBNA Credit card companies and banks would downturn, there may now be more peo- was the largest corporate contributor to the not be the only interests served by the bank- ple filing bankruptcy. Actually, it has Bush campaign, according to a study by the ruptcy bill. Wealthy American investors in fallen off over the last year and a half, Center for Responsive Politics, an election Lloyd’s of London, the insurance concern, but that may happen again, and we are research group. have managed through their lobbyists to in- going to make it really difficult for a MBNA’s employees and their families con- sert a provision in the bill that would block whole lot of people in very difficult Lloyd’s from collecting millions of dollars tributed about $240,000 to Mr. Bush, and the economic circumstances to rebuild chairman of the company’s bank unit, that the company says it is owed by the Charles M. Cawley, was a significant fund- Americans. their lives. Mr. Samuelson was saying raiser for Mr. Bush and gave a $1,000-a-plate Lloyd’s has hired its own powerful lob- he questioned the timing of this bill. dinner in his honor, the center said. After byist, Bob Dole, to help plead its case on The New York Times piece is: ‘‘Lob- Mr. Bush’s election MBNA pledged $100,000 to Capitol Hill. Last week, the chief executive bying On Debtor Bill Pays Dividend.’’ help pay for inaugural festivities. of Lloyd’s was in Washington to plot strat- That is a headline that should give or- MBNA was obviously less enthusiastic egy. dinary citizens, the people of Min- about the candidacy of former Vice Presi- The issue involves liabilities incurred by nesota and the country, a whole lot of dent Al Gore, Mr. Bush’s Democratic rival; Lloyd’s in the 1980’s and 1990’s when it was according to the center, only three of the forced to pay off claims on several disasters, faith in our political process. ‘‘Lob- company’s employees gave money to the like the Exxon Valdez oil spill. Investors in bying On Debtor Bill Pays Dividend’’: Gore campaign, and their donations totaled Lloyd’s are expected to share both its profits A lobbying campaign led by credit card $1,500. and its losses, but the Americans have re- companies and banks that gave millions of The center found that of MBNA’s overall fused to settle the debts, claiming they were dollars in political donations to members of political contributions of $3.5 million in the misled by Lloyd’s. Congress and contributed generously to March 14, 2001 CONGRESSIONAL RECORD — SENATE S2283 President Bush’s 2000 campaign is close to its By the way, I did not file for cloture. A typical title pawn costs 300 percent long-sought goal of overhauling the Nation’s That was the majority leader. My un- interest, and consumers who miss the bankruptcy system. derstanding is there is going to be a payments have their cars repossessed. It goes on to talk about all of the cloture vote, and my understanding is In some States, consumers do not re- breaks the credit card industry is going Senators would have a chance to have ceive the proceeds from the sale of the to get, that all of the money they put votes on their amendments. That was repossessed vehicle even if the value of into politics is going to pay a huge div- my understanding. That is what should the car exceeds the amount of the loan. idend in terms of support. happen. There are some substantive The Presiding Officer knows all By the way—this is interesting as amendments that deal directly with al- about this because of his position in well—while I probably have been one of ternatives to this harsh bill. the State of Florida. For example, a the strongest critics of President Clin- I want to know why we are not going borrower might put up their $2,000 car ton, it is interesting that this piece to have votes on those amendments—I as collateral for a $100 car title loan about the support from all of the finan- mean major amendments. And this and an outrageous interest rate, and if cial contributions paying off—I think amendment I think is also a major the borrower defaults, the lender can one reason my colleagues are in such a amendment, but I know other col- take the car, sell it, and keep the full rush to pass this bill is to show now we leagues, who have worked on this many $2,000 without returning the excess have a President who is going to sign more years than I have and have more value to the borrower. the bill as opposed to veto the bill be- expertise, probably have even more im- And we want to protect these loan cause we could not override the veto. portant amendments. What do you sharks? Members don’t want to vote President Clinton, wherever you are, think about this one? This amendment for this amendment? Members want to with whatever kind of tough stories will prevent claims in bankruptcy on come second-degree this amendment? you have had to deal, with whatever high-cost transactions in which the an- Why? you have done by way of pardons that nual interest rate—if you are ready for These schemes actually are more lu- may not be right that I do not agree this—exceeds 100 percent. These are crative if the borrower defaults. Often with, I want you to know that as a payday car title pawns. It is an ex- the borrower—are you ready for this?— Senator I thank you for standing up to tremely small amount. These are low- is required to leave a set of keys to the all of these big contributors, to all of income folks who pay this price who car with the lender, and if the borrower these interests, to the financial serv- are having a difficult time because is even 1 day late with the payment, he ices industry. It wasn’t easy to do, and someone was ill and had to go to the or she might look out the window and you did it. Thank you, President Clin- doctor and they do not have much mar- find the car is gone. gin month to month. Go for a loan and ton. This amendment would prohibit I am not at all surprised President you are extended a small amount, $100 claims in bankruptcy for credit trans- Bush cannot wait to sign this bill. This to $500, for an extremely short time, 1 actions such as these payday loans and or 2 weeks. The loans are marketed as car title pawns where they charge over is his crowd, as my good friend FRITZ giving the borrower a little extra until 100 percent interest in a year. HOLLINGS from South Carolina would payday. Could somebody explain to me why say. This is his crowd. I am sure he The loan works like this, if you can this is a bad amendment? Could some- cannot wait to sign the bill. believe these loan sharks, these vul- body defend these sleazy loan sharks? Let me go to this amendment which tures. The borrower writes a check for So far, no one has. I do not think my colleagues want to the loan amount, plus a fee. The lender There is no question these high-inter- vote on up or down. I thought when I agrees to hold on to the check until the est-rate loans take advantage of work- modified it we had at least an implicit agreed upon date and give the borrower ing people. On the face of it, paying 300 understanding we would have an up-or- the cash. On the due date, the lender percent or 500 percent or 800 percent for down vote, but they do not want to either cashes the check or, as quite a $100 loan or $200 loan is unconscion- vote on this amendment, and I do not often it happens, allows the borrower able. No fully informed person with a blame them. I would not want to vote to extend the loan by writing a new choice would do it. But that is exactly against this amendment either. check for the loan amount, plus an ad- the issue: These folks may not always This amendment is an amendment ditional fee. Calculated on an annual have a choice. that deals with the predatory lending basis, these fees are exorbitant. For ex- I am sorry I believe this has been which targets low- and moderate-in- ample, a $15 fee on a 2-week loan of $100 happening over and over again in the come families. is an annual interest rate of 391 per- last couple of weeks. This is similar to This bankruptcy ‘‘reform’’ bill, does cent. Rates as high as 2,000 percent per the ergonomics standard. This is a it have much that deals with predatory year have been reported on these loans. class issue. These are poor people we lending practices? No. Does it call on Why in the world do we want to allow are talking about. None of us is ever the credit card industry—broadly de- claims in bankruptcy for these kinds of put in this situation. fined—to perhaps take some account- credit transactions? Why are we in President Bush, whatever happened ability for pumping credit cards on our such a rush to support these sleazy to compassionate conservatism? My children and all sorts of other people loan sharks? Can somebody come out Republican colleagues, whatever hap- who then find themselves in trouble on the floor of the Senate and tell me pened to compassionate conservatism? and have to file for bankruptcy? No. what the goodness is in what they do? Often these borrowers turn to payday I will tell you what it does do. It Can somebody give me one good argu- lenders and car title pawns because makes it very difficult for a whole lot ment why you don’t want to vote up or they can’t get enough credit through of people who find themselves in des- down on this amendment? I am indig- the normal channels. So these bor- perate financial straits to file for chap- nant. I have to be careful not to get too rowers are a captive audience, unable ter 7, and, for that matter, it goes be- hot. I am really angry. to shop around to seek the best inter- yond the means test. There are provi- Let me talk about the other area est rates, uninformed about choices, sions in this 50-page bill plus that that is so egregious. Car title pawns unprotected from coercive collection make it really hard for ordinary people are 1-month loans secured by the title practices. to get relief and rebuild their lives. to the vehicle by the borrower. Please I thank the Chair for having the gra- That is absolutely outrageous. remember, Senators, these are not our ciousness to face me while I speak. I al- I believe somebody needs to chal- sons and daughters or brothers or sis- ways thought that was important. I lenge this rush to get this done. We ters or our wives or husbands. I am thank the Chair. It is much harder to may have a cloture vote. We are going talking about poor people. We, luckily speak when the presiding Chair is read- to have a cloture vote this afternoon, I by the grace of God, or by luck of an- ing or not paying attention. I thank take it. Colleagues should vote against other kind, are not in this position. We the Chair for his graciousness. When I it. There are a number of Senators who don’t have to put our car up for collat- shout, I am not shouting at the Pre- want to have amendments and want to eral. We don’t live month by month on siding Officer. have a vote on amendments, and they meager incomes and desperate to get There is no way the borrower can are right. credit. That doesn’t happen to us. win. At best, they are robbed by high S2284 CONGRESSIONAL RECORD — SENATE March 14, 2001 interest rates, and at worst their lives I will deal with a few more questions The PRESIDING OFFICER. Is there are ruined by the $100 loan which spi- that have been raised. I assume we will objection? rals out of control. These loans are pat- have a debate on this. This whole bank- Without objection, it is so ordered. ently abusive. They should not be pro- ruptcy bill and debate make me un- Mr. WELLSTONE. Mr. President and tected by a bankruptcy system. Be- comfortable because one of the Sen- my good friend from Montana, the rea- cause they are so extensive, they ators for whom I have the greatest re- son that I offered this amendment pre- should be completely dischargeable in spect is Senator GRASSLEY from Iowa— viously is because the crisis that we bankruptcy so the debtors can get a and he or another Senator may come are facing in the steel industry in gen- true fresh start and so that more re- out here. He is a great Senator, in my eral is having a particularly dev- sponsible lenders’ claims are not opinion. But I have to say one of two astating effect on workers in my crowded out by the shifty operators. things is going to happen. Senators are state—and also, quite frankly in the Colleagues, vote for this amendment going to come out here and say: Sen- state of Michigan as well. because you are for responsible lenders. ator WELLSTONE, your amendment is In the northeastern part of Min- Vote for this amendment. I call this all wrong. These loan sharks need the nesota—an area we call the Iron the responsible lender’s amendment. protection. We are for the loan sharks. Range—a material called taconite is Why should unscrupulous lenders who We are for the 100 percent interest- mined and then becomes an input into have equal standing in bankruptcy plus. Or they are going to come out the steel production process. Taconite court with a community bank or a with a second-degree amendment which is basically iron ore; it’s crushed, melt- credit union that tries to do right by I fear will have the same effect because ed in blast furnaces, and then cast to their customers? Why do we give equal it will gut this amendment, in which be used to produce finished steel prod- value to these sleazy loan sharks with case we will have a debate about that. ucts. community banks or credit unions? But, so far, the silence has been deaf- As you know, the steel industry is By the way, I don’t think these lend- ening. I assume we will have that de- highly integrated. To make finished ers should be able to take advantage of bate or maybe it will be accepted; I steel products, producers can purchase customers’ vulnerability through har- don’t know. We will have a vote one semi-finished steel or they can make assment or coercion, but that was con- way or the other. their own semi-finished steel with tac- sidered to be a terrible provision. That This amendment is necessary. For onite or iron ore. Due to the recent challenged jurisdiction in another com- those who say some States are starting surge in dumped semi-finished steel mittee, so I even dropped the language to institute regulation of payday lend- slab imports it has become cheaper for on the coercive practices. ers—that is true, and I am glad; if steel mills to import this steel and fin- My amendment simply says if you States do more than we do, I am all for ish it rather than make their own. charge interest over 100 percent on a it—more and more payday loans are This, coupled with the general decline loan, and if the borrower goes bank- being made over the Internet, and they in the U.S. steel industry, has had a rupt, you cannot make a claim on that cannot be effectively regulated by the devastating effect on taconite workers loan or the fees from the loan. In other States. In addition, payday lenders in my state and in Michigan. Just one words, the borrower’s slate is wiped have explored using national bank example of many that I’m sure you’re clean of your usurious loan and he gets charters to avoid State regulation. So familiar with is LTV Corp’s announce- a fresh start. both tactics require a Federal response. ment in December that it was filing for Additionally, such lenders will be pe- These payday lenders, if you are bankruptcy. nalized if they try to collect—well, no. ready for this, are generating 35 per- I ask unanimous consent to have this See, there you go; there was my pre- cent to 50 percent. The fees are grossly document, which sets forth the chro- pared statement. I shouldn’t use a pre- disproportionate to the risk or the nology of the major layoffs, shutdowns, pared statement. I was going to say, profit margins would not be so high. etc. that have been devastating work- additionally such lenders will be penal- We are talking about loan sharks who ing families in the Iron Range of my ized if they try to collect on their loan feed off misery and illness, all too state, printed in the RECORD. using coercive tactics, but I have taken often, and desperation, and low- and There being no objection, the mate- that out. That was the modification moderate-income people, many of them rial was ordered to be printed in the my colleagues asked for, as if that families headed by single parents, RECORD, as follows: would be such a terrible thing. And many of them families headed by CHRONOLOGY OF WORKER DISLOCATION IN THE now I don’t even get an up-or-down women, many of them people of color, TACONITE INDUSTRY ON THE IRON RANGE IN vote on the amendment. That is my many of them urban, many of them MINNESOTA understanding. rural—and we ought to be willing to In December 1999 the Iron Mining Associa- This amendment is a commonsense stand up for these people. tion of Minnesota (IMA) reported that 5,760 solution to the problem I have de- This amendment challenges Sen- workers were employed in taconite plants in scribed. It allows the Senate to send a ators: Are you on the side of these slea- Minnesota. After the announced cuts de- message to those loan sharks. If you scribed below take effect, our projections zy loan sharks? Or are you willing to show that there will be approximately 4,480 charge an outrageous interest rate, if defend poor people in the United States workers employed in this industry. That’s you profit from the misery and misfor- of America? more than 1,200 workers laid off in one year. tune of others, if you stack the deck I am not holding the Senate up. I am Below is a chronology of the worker dis- against the customers so they become waiting for the debate. location we have been experiencing. virtual slaves to their indebtedness, I yield the floor. I suggest the ab- 1. On May 24, 2000, the LTV Corp. an- you will get no protection in bank- sence of a quorum. nounced its plan to permanently close the ruptcy court for your claims. The PRESIDING OFFICER. The taconite plant in Hoyt Lakes. There are 1,400 people who work at this plant. As I say that, it sounds good to me. clerk will call the roll. 2. On December 29, 2000, LTV, the Nation’s It really does. What is wrong with this The legislative clerk proceeded to third leading producer of basic steel, filed for proposition? If a lender wants to make call the roll. bankruptcy court protection. these kinds of loans under this amend- Mr. WELLSTONE. Mr. President, I 3. On December 31, 2000, National Steel Pel- ment, he or she can. But if he wants to ask unanimous consent that the order let Co. laid off 15 hourly workers and 7 sala- be able to file claims in bankruptcy, he for the quorum call be rescinded. ried staff members. can’t charge more than 100 percent in- The PRESIDING OFFICER. Without 4. On January 28, 2001, Hibbing Taconite objection, it is so ordered. announced a six-week shut down, idling terest. I don’t believe any one of my about 650 hourly workers. colleagues will come to the floor to AMENDMENT NO. 37 5. On February 16, 2001, Minnesota Twist claim that a 100-percent interest rate is Mr. WELLSTONE. Mr. President, I Drill laid off 64 of 195 full-time employees. an unreasonable ceiling. ask unanimous consent that I be al- 6. On February 19, 2001, Hibbing Taconite This amendment is in the spirit of re- lowed to bring up my amendment No. announced the elimination of between 29 and ducing bankruptcies. I think if it was 37, and I then be allowed to withdraw 38 salaried positions. adopted it would significantly improve the amendment No. 37 which relates to Mr. WELLSTONE. Mr. President, the the bill, and I urge its adoption. trade adjustment assistance. difficulty, and the reason I offered my March 14, 2001 CONGRESSIONAL RECORD — SENATE S2285 amendment, is that the previous Ad- Mr. DAYTON. Mr. President and my include workers permanently laid off ministration had an inconsistent colleagues, the Senior Senator from in the past year. record with respect to recognizing U.S. Minnesota, Senator WELLSTONE and I commend the leadership of Senator iron ore workers’ eligibility to receive Senator BAUCUS from Montana, I ap- BAUCUS in offering to support the ex- Trade Adjustment Assistance, despite preciate Senator BAUCUS’ candor in pansion of TAA to cover taconite work- the fact that they are clearly being in- recognizing that taconite workers have ers. I stand firmly on the principle that jured by unfairly traded steel imports. been inconsistently treated in the De- taconite workers must be treated In its most recent decision, involving a partment of Labor’s definition of work- equally at the trade table, and in the different taconite producer, a deter- ers, eligible for Trade Adjustment As- definition of eligibility for trade ad- mination was made that low grade iron sistance. The efforts of taconite work- justment assistance. The opportunity ore is not ‘‘like or directly competitive ers, from the Iron Range of Minnesota, the Senator has offered within the con- with’’ semi-finished steel slabs. I re- to obtain relief from reduced produc- text of reauthorizing TAA is a wise main hopeful that a new Administra- tion of semi-finished steel slab and strategy. I will join the Senator in tion, taking a fresh look at this issue, steel plant closings, have been frus- working hard to eliminate any ques- will resolve the issue differently. trated by how the Department of Labor tion there may be about the impor- Meanwhile, however, I was offering this considers the taconite industry. This is tance of taconite as part of an inte- amendment to make it explicit that the reason Senator WELLSTONE and I grated steel industry. taconite workers will be eligible to re- introduced the Taconite Workers Re- Mr. BAUCUS. I thank Senator ceive the trade adjustment assistance lief Act. This bill underscores what I WELLSTONE and Senator DAYTON for they so clearly need. believe is certain: that taconite pro- their detailed and thoughtful presen- Mr. BAUCUS. Mr. President, I want duction is an essential part of an inte- tation of the situation of taconite to begin by saying that I am very sym- grated steel-making process. Steel, no workers in Minnesota and Michigan. I pathetic to the plight of taconite work- matter where it is made, is produced by also welcome their willingness to work ers described by Senator WELLSTONE. a process initiated by iron ore or taco- with me and the Finance Committee on Unfortunately, the situation is not at nite pellets. Taconite pellets are melt- all unusual. Taconite workers are an the reauthorization and expansion of ed in blast furnaces and then blown example, and unfortunately not an iso- the TAA program. with oxygen to make steel. Every ton Mr. GRASSLEY. Mr. President, I lated example, of the fate of workers of imported semifinished steel dis- who supply critical inputs to American concur with my colleagues that the places 1.3 tons of iron ore in basic do- industries that face stiff import com- Trade Adjustment Assistance Act mestic steel production. needs a thorough review to protect petition. In Minnesota, in the mid-1990’s, seven When American workers lose their workers who lose their jobs or income operating taconite mines and 6,000 jobs because their production is re- as a result of import competition. I am workers produced 45 million tons of placed by imports of ‘‘like or directly committed to a top to bottom review of taconite, which is 70 percent of the na- competitive articles,’’ we help those the Act this year and to work with tion’s supply. Today, the painful re- workers through the Trade Adjustment members to make the necessary Assistance Program. TAA provides ex- ality is that production cutbacks have changes. tended unemployment benefits, re- ravaged the United States’ iron ore in- The amendment (No. 37) was with- training benefits, and job search and dustry. Northshore Mining Company drawn. relocation benefits to workers who lose announced that it would cut 700,000 Mr. WELLSTONE. I thank the Chair. their jobs through the effects of trade. tons of production; U.S. Steel’s Mr. LEAHY. Mr. President, I thank I am and have been a strong supporter Minntac plant is cutting 450,000 tons; the Senator from Minnesota. of the Trade Adjustment Assistance and the Hibbing Taconite Company is Mr. President, the Senator from Utah Program for many years. But the cutting 1.3 million tons of production. and I have been working together on a present TAA program helps only the On December 29, 2000 LTV, the third managers’ package. We might be able workers whom the Department of largest steel producer in the United to move that forward. We are not right Labor determines produce the same States, filed for bankruptcy, bringing at that spot yet. product that is being imported. the number of steel producing compa- I suggest the absence of a quorum. This year presents an opportunity to nies under Chapter 11 protection to The PRESIDING OFFICER. The consider how the TAA program can be nine. The closing of LTV permanently clerk will call the roll. more effective in meeting the needs of eliminates 8 million tons of production The legislative clerk proceeded to all workers who lose their jobs as a re- and 1,400 jobs in Minnesota. I am sure call the roll. sult of import competition. That that the pain of unemployed steel- Mr. KERRY. Mr. President, I ask means recognizing that trade-related workers in Minnesota, and the fear of unanimous consent that the order for job losses and dislocation are dev- those who face an uncertain future, is the quorum call be rescinded. astating for all workers, no matter mirrored among steelworkers in north- The PRESIDING OFFICER (Mr. NEL- where they are in the overall produc- ern Michigan. This is the reason why SON of Nebraska). Without objection, it tion process. Senators LEVIN and STABENOW are also is so ordered. The TAA program comes up for reau- cosponsors of the Taconite Workers Re- Mr. KERRY. Mr. President, I ask thorization this year. I think that is lief Act. unanimous consent I be permitted to the right context for addressing the The men and women of the Iron speak as in morning business. problem raised today. I want to assure Range, who have worked for genera- The PRESIDING OFFICER. Without my colleague Senator WELLSTONE that tions in the iron ore mines of north- objection, it is so ordered. I would look favorably on expanding eastern Minnesota, are members of Mr. REID. If the Senator would just the TAA program to cover workers, long standing in the union of the withhold, how long does the Senator whenever imports from any country United Steelworkers of America. These wish to speak? We are about to do a lead to job loss. In fact, we are already are hard working people who believe unanimous consent request. working on legislation in the Finance that America’s steel industry is a basic Mr. KERRY. I don’t know exactly. Committee which would do just that. I industry, essential to the economic and About 10 minutes or so. invite Senator WELLSTONE to work national security of our country. These Mr. REID. Fine. It will take us that with the Finance Committee in this ef- are people, with an unwavering work long to get things in order. fort and to testify before the Com- ethic, who understand that the steel Mr. WELLSTONE. If I could say to mittee when we hold hearings on TAA industry is highly integrated, and who my colleague, with his indulgence, I later this year. It is certainly my hope believe they are part of that industry. certainly will not object, but I want to that we will be able to address the This is the reason I want to work to en- make it clear, because we are also in trade adjustment needs of taconite and sure the Department of Labor clearly the middle of something else, that I other similarly situated workers, as we recognizes the eligibility of taconite have an amendment out here. I have work to reauthorize and expand the workers for TAA, and I also believe been debating it. I am ready to hear TAA program this year. that eligibility should be retroactive to somebody else debate it. I am ready to S2286 CONGRESSIONAL RECORD — SENATE March 14, 2001 have a vote. I am not holding anything we have been here for almost 2 weeks Mr. REID. Does the Senator have a up. Democrats have a number of on this bill. This is a bill that has been problem with Senator LEVIN having 5 amendments to this bill that should be modified. Some of the amendments of minutes and the Senator from Dela- offered, debated, and voted on. the other side have been agreed to. ware 15 minutes prior to the vote at 4 I question what is going on here. Some have been on the floor. p.m. because there are no another Mr. KERRY. Mr. President, I am not This bill passed 70–28 last December. amendments being offered prior to that sure which dog I have in this fight at Frankly, there appears to us to be an time? the moment. I appreciate what the effort to have amendment after amend- Mr. WELLSTONE. Reserving the Senator from Minnesota is trying to ment, and some of these amendments right to object, I ask my colleague accomplish. I gather that various peo- are not even germane. In fact, quite a from Utah whether I may amend his ple are trying to work on that. I cer- few of them are not germane. Our side unanimous consent request to assure tainly don’t want to interrupt the flow. exercised a prerogative of the rules to that the managers’ package be accept- I will speak. If at some moment the file cloture, to end what really is a de- ed or voted on and that the Durbin Senate needs to move back to business, bate that is going out of bounds. amendment be out here. If I may—I I will obviously be happy to do so. Mr. REID. Will the Senator yield? have the floor, if I may finish for a mo- (The remarks of Mr. KERRY are lo- Mr. HATCH. Excuse me, if I may fin- ment. I want to let my colleagues cated in today’s RECORD under ‘‘Morn- ish. I would have preferred not to have speak. It is an outrageous proposition ing Business.’’) filed cloture. I would have preferred to here. I am not just speaking about my The PRESIDING OFFICER. The Sen- agree to a small number of amend- own amendment. I want a vote on my ator from Minnesota is recognized. ments and we go forward on those own amendment. Mr. WELLSTONE. Mr. President, I amendments and then have a vote on Mr. HATCH. Will the Senator yield? want to accommodate two colleagues final passage, but we were not able to Mr. WELLSTONE. If I may finish, who are on the floor, Senator LEVIN get that agreement, or at least have and then I will take a question. I want and Senator BIDEN, but I want to just not been able to up to now. As far as I to know why, No. 1—maybe there is be clear about what is going on here. It know, there is only one Senator stop- something I do not know—I want to is 2:30. I have been asking for a vote on ping that agreement. know whether or not there is a com- the amendment. Eight other Demo- I say this to my distinguished friend mitment that the managers’ amend- crats have amendments on which they from Minnesota: As far as I am con- ment will be accepted before we get a would like to have votes. cerned, I have no real objection to the cloture vote and it gets clotured out, The strategy on the other side is to Senator proceeding on his amendment and I want to know why Senator DUR- not have votes and basically shut this and having a vote prior to the cloture BIN, who has worked on this bill long down with a cloture vote. I want to be vote. I prefer to vitiate the cloture before I understood the issue, cannot clear about this. vote. If the Senator feels aggrieved, I bring it out. I want a vote. I have been I ask unanimous consent that my am going to try to accommodate him, trying to have a vote on it for days. I amendment be voted on within the but I hope our colleagues on both sides am ready to have Senator BIDEN and next 30 minutes—first of all, voted on will be willing to work with us to get Senator LEVIN speak and have a vote within the next 30 minutes, with no this bill completed because it is an im- on my amendment right away. I want second-degree amendments. portant bill. to know why. Mr. HATCH. Mr. President, I have to Yes, there are a variety of viewpoints I ask unanimous consent that my object to that unless we can work out in this bill, but this is a very impor- amendment be disposed of at 3:40 p.m. some matters that have to be worked tant bill. We believe we have bent over and also Senator DURBIN be allowed to out. backwards to try to work it out with come to the floor and debate his Mr. WELLSTONE. If I may go on, I both sides in this matter. amendment and have a vote on the was going to go on and ask unanimous I ask unanimous consent—I hope the Durbin amendment as well after 3:40 consent that the managers’ package be distinguished Senator from Minnesota p.m. and that we either have a voice dealt with—I would not think that will listen—that a vote occur in rela- vote or recorded vote on the managers’ would require a rollcall vote—and that tion to the pending Wellstone amend- package before the cloture vote. the pending Durbin amendment No. 93 ment No. 36, as I understand it, as Mr. REID. I object. be dealt with. But I would like to say modified, at 3:40 p.m. today, and the The PRESIDING OFFICER. Objec- to Democrats—and this is not aimed at time between now and then be equally tion is heard. my colleague from Utah—this is a vio- divided and no second-degree amend- Mr. HATCH. Will the Senator yield lation of an agreement that we had. ments be in order prior to the vote, and for a comment? Last week, the majority leader came at some point it be in order to lay aside Mr. WELLSTONE. I am not going to out here on a motion to proceed. I the amendment for up to 5 minutes for yield the floor, but I—— blocked it. We talked about it and said consideration of a managers’ amend- Mr. HATCH. You already yielded the we would have substantive debate. We ment. floor. were given the assurance that before Mr. REID. Reserving the right to ob- The PRESIDING OFFICER. The Sen- any cloture vote, we would have the ject, I appreciate the Republicans al- ator from Utah has the floor. opportunity to have our amendments lowing a vote on the amendment of the Mr. HATCH. Let me accommodate down here and voted on. I have come Senator from Minnesota. We have now my colleague. out here with an amendment. I have approximately 1 hour 5 minutes. I am I am trying to accommodate the Sen- not delayed at all. I still can’t get a told the Senator from Minnesota wish- ator. I am trying to be reasonable, and vote on this amendment after 3 days. es to speak an additional period of time I am trying to make this matter ac- You have someone such as Senator on his amendment. The Senator from ceptable. We have a cloture vote at 4. I DURBIN, who has been working as hard Delaware, who is the ranking member am willing to accommodate the Sen- on bankruptcy as anybody, who can’t on the Foreign Relations Com- ator so he can have a debate on his get a vote on his amendment. This clo- mittee—— amendment equally divided until 3:40 ture motion should not have been filed. Mr. BIDEN. If the Senator will yield, when we vote on the amendment. It is in violation of the agreement that that is fine. Mr. WELLSTONE. Mr. President, was made. Any number of us are not Mr. REID. The Senator from Michi- will—— having the opportunity to have up-or- gan is here to talk about something he Mr. HATCH. Let me finish. Then we down votes. worked out with the chairman and will vote on that amendment, as modi- Frankly, I would not want a vote on ranking member. I wonder if we can fied. As I understand it, Senator LEVIN behalf of these payday lenders, these make sure they all have an oppor- wants to speak—is that correct?—for 5 sleazeball shark lenders, myself. We tunity to speak. I ask the Senator from minutes, and Senator BIDEN wants to ought to have a vote. Minnesota how he feels about that. speak for how much time? Mr. HATCH. If the Senator will yield, Mr. WELLSTONE. I am sorry, I did Mr. BIDEN. Will the Senator yield Mr. President, as the Senator knows, not hear. for a question? March 14, 2001 CONGRESSIONAL RECORD — SENATE S2287 Mr. HATCH. I will be happy to with- period. It is kind of a dead period for est charges for payments even if they out losing my right to the floor. different reasons. are made on time. Credit card lenders Mr. BIDEN. I am not standing here I ask the Senator to consider the re- define ‘‘grace period’’ as applicable seeking recognition to speak, although quest. If the Senator from Minnesota is only if the balance is paid in full. I would like to do that at whatever willing to knock down his time—the Mastercard, for example, defines their time is convenient, but I ask the ques- Senator can speak for himself—the ‘‘grace period’’ as ‘‘a minimum of 25 tion: Isn’t it fair that the request—and staff of the Senator from Illinois tells days without a finance charge on new I strongly disagree with Senator me he will be willing to cut down his purchases if the New Balance if paid in WELLSTONE’s characterization of this time as well so they both can get a full each month by the payment due bill, and I strongly disagree with Sen- vote on their amendments prior to 4 date.’’ That means that even if a per- ator DURBIN’s characterization of this o’clock. son pays 90 percent of his balance, he is bill, but are they not entitled to have What I am asking the Senator from still charged interest on money which a vote? I am standing here to support Utah, whom I support on this bill, is to is timely paid. their right to have a vote before clo- give them a chance, if they will cut This is an overreach by the credit ture. I thought that was the general down their time, to have a vote on both card companies. It should be corrected understanding, that we would have the of their amendments. That is my re- by the credit card companies. Most ability to vote on both those amend- quest of the Senator from Utah. They credit card customers, when they send ments before cloture. are both here and can speak for them- in a check to pay their credit card on I do not understand why they are not selves, obviously, better than I can. time, fairly assume they will not be being given that right. Again, I strong- Mr. HATCH. Let me suggest the ab- charged interest on the money paid. ly disagree with both of them. I think sence of a quorum, and I will imme- But in fact they are, unless they hap- there has even been a little bit of dem- diately see if I can get this done. pen to pay off the entire amount of agoguery on the bill. I resent some of Mr. LEVIN. Will the Senator with- their obligation. It is unfair. It is an the ways they have characterized the hold so I may speak? overreach. It ought to be corrected by positions of some of us who support the Mr. HATCH. I ask unanimous consent the credit card companies themselves. bill, but I think they have a right to that the Senator from Michigan be If it isn’t, our bill will correct it for have a vote on their amendments. I given 5 minutes and then the floor them. thought there was an understanding. come back to me at the conclusion of Credit card companies are adding My question is: Was there not an un- his remarks. new and higher fees all the time in the derstanding that we would be voting The PRESIDING OFFICER. Without small print of their lending terms. Ac- today prior to cloture on some of these objection, it is so ordered. cording to Credit Card Management, amendments that would be kicked out Mr. LEVIN. Mr. President, I thank late fees, balance transfer fees, over- by cloture if cloture were invoked? my good friend from Utah. I was going limit fees, and other penalty fees were Mr. WELLSTONE. Will the Senator to offer an amendment on behalf of a source of $5.5 billion in revenue for yield? Senator FEINSTEIN and myself. It is credit card companies in 1999, up from Mr. BIDEN. I cannot yield. The Sen- amendment No. 91 at the desk. It is $3.1 billion in 1995. ator from Utah has the floor. I asked a similar to an amendment adopted last Hopefully, the credit card companies question so I cannot yield. That is my Congress during debate of the bank- will correct this overreach themselves, question. ruptcy bill, which was deleted during and this bill will not be necessary, but Does it also not make sense for the negotiations with the House of Rep- the chairman of the Banking Com- legitimacy of the cloture vote to let resentatives. I am not going to offer mittee has indicated he is willing to them have their votes on both those this as an amendment to this year’s hold a hearing on this bill and on simi- amendments? bankruptcy bill but, rather, introduce lar practices by the credit card compa- Mr. HATCH. I am not aware of the it as a freestanding bill because of the nies that might be brought to the at- promise to Senator DURBIN, but I am agreement of Senator GRAMM, who is tention of the Banking Committee, and trying to accommodate the distin- the chairman of the Banking Com- based on that agreement by the Sen- guished Senator. We have a limited mittee, to hold a hearing on our bill ator from Texas, I will not be offering time prior to the cloture vote. when it is filed as a freestanding bill. this amendment on the bankruptcy bill Mr. BIDEN. I ask unanimous con- When it is introduced, it will be re- but instead will be offering a free- sent—— ferred to his committee. However, I standing bill on behalf of Senator FEIN- Mr. HATCH. Will the Senator with- want to spend 1 or 2 minutes explaining STEIN and myself. hold? what this amendment is all about. I thank the Chair. I thank the Sen- The PRESIDING OFFICER. The Sen- What credit card companies do now is ator from Utah for yielding me this ator from Utah has the floor. charge interest to people, even though time. I will not offer the amendment, Mr. HATCH. Will the Senator with- they pay part of their indebtedness on and I withdraw the amendment at this hold before I ask unanimous consent time. time. myself? I am trying to accommodate It would be fine if they were just The PRESIDING OFFICER. Without the distinguished Senator from Min- charging interest on part of the indebt- objection, it is so ordered. The amend- nesota. If Senator DURBIN wants to edness which was outstanding and not ment is recalled. come to the floor and do his amend- paid on time. That is perfectly appro- Mr. HATCH. Mr. President, I ask ment, personally I do not have any ob- priate. But if somebody, for instance, unanimous consent that the time prior jection to that. Let me check with our starts with a zero balance, charges to the vote in relation to the pending side and make sure we can do that, as $1,000 on their credit card, pays $900 on Wellstone amendment numbered 36, as long as we have an opportunity to time by the due date, then that person modified, be limited to 10 minutes amend the Durbin amendment. is not only charged interest on the $100 equally divided and no second-degree Would it be possible to cut down the owed, that person is charged interest amendments be in order prior to the time so we could accommodate both on the full $1000, even the part of his vote, and following that time, the amendments before the vote? bill that is paid by the due date. amendment be laid aside and Senator Mr. WELLSTONE. Absolutely. That I don’t know any other situation DURBIN be recognized to call up his has been my point. where somebody who pays an obliga- amendment No. 93, and following the Mr. HATCH. If you will be willing to tion on time is nonetheless charged in- reporting, Senator HATCH be recognized take less time, we can allow 5 minutes terest on the part that is paid. to offer a second degree, and time on for Senator LEVIN; and how much time Again, our bill will address this by both amendments be limited to 30 min- does the Senator from Delaware need? addressing the imposition of interest utes equally divided. Mr. BIDEN. If the Senator will yield, for on-time payments during the so- Further, then, these votes occur first I am not asking for any time to speak called ‘‘grace period.’’ Currently, credit in relation to the second degree to Dur- on NATO—that is what I want to speak card lenders use complicated defini- bin, then in relation to the Durbin on—because I thought this was a dead tions of ‘‘grace period’’ to allow inter- amendment, as amended, if amended, S2288 CONGRESSIONAL RECORD — SENATE March 14, 2001 and finally in relation to the Wellstone leagues in the Senate. But I encourage and broadly considered bill which was amendment, with 2 minutes between them to take a close look at the dif- found acceptable to virtually every each vote for explanation, and the ferences between the substitute I am Member of this body in 1998. The bill votes to begin no later than 3:20, and offering and what is being considered before the Senate now, the Bankruptcy Senator WELLSTONE’s time as pre- today in this Chamber. Reform Bill, is not a balanced bill. The viously ordered be limited to 5 min- This bankruptcy debate has gone on bill we have before us today is one that utes, and the majority leader be recog- for over 4 years. A very small percent- is tipped decidedly in favor of credit nized for 5 minutes just prior to clo- age of Americans will never set foot in card companies and banks. ture. bankruptcy court, thank the Lord, but There have been efforts made over The PRESIDING OFFICER. Without those who do hope they will have a new the span of this debate to amend this objection, it is so ordered. day in their lives. Because of their in- bill to give consumers a fighting The Senator from Illinois. come situations they cannot repay chance. Those efforts have failed. I Mr. DURBIN. If I understood the their debts. Many of these people would have tried to offer an amendment, for unanimous consent, I can call up my love to repay their debts but, unfortu- example, which would require more amendment numbered 93 at this time. nately, they have been faced with med- complete disclosure on the monthly At some point, Senator HATCH may ical bills far beyond what any family statements on credit cards. The credit offer a second degree. could take care of. They might have card industry has refused. Why send a Mr. HATCH. I ask unanimous consent gone through a divorce and found message to America of how divided we the Wellstone time be reserved to fol- themselves with little or no income to are in bankruptcy reform instead of low the 30 minutes equally divided be- raise a family and all the bills finally coming up with a bipartisan bill that tween Senator DURBIN and myself. stacked up and pushed them over the addresses the issue? The Senate can The PRESIDING OFFICER. Without edge. They could face a situation where speak in a united, bipartisan voice, objection, it is so ordered. they have lost a job that they had for making clear we have reached a broad- AMENDMENT NO. 93 a lifetime and then they find them- based consensus on bankruptcy reform. Mr. DURBIN. Mr. President, I don’t selves in bankruptcy court. Let me review a few of the major dif- know the sequence, but I want to make My colleague, Senator GRASSLEY of ferences between the bills and point certain we are considering amendment Iowa, spoke eloquently, when I offered out why I believe the bill I offer as a No. 93 that I have offered. Senator my bill, about the need for us to substitute is a much more balanced ap- proach, a decision made by 96 of my WELLSTONE has a pending amendment change the process so the Senate could as well. I am prepared to argue my have bankruptcy reform. Let me read a colleagues and myself when we last amendment. little bit of what Senator GRASSLEY voted on this. The Durbin amendment uses a means The PRESIDING OFFICER. The said in the CONGRESSIONAL RECORD of test that requires every debtor, regard- amendment is now pending. September 23, 1998. He said: less of income, who files for chapter 7 Mr. DURBIN. The amendment has Mr. President, first of all I want to thank bankruptcy to be scrutinize by the U.S. been filed. everyone in this body for the overwhelming vote of confidence on the work that Senator Trustee to determine whether the fil- The PRESIDING OFFICER. The DURBIN and I have done on this bankruptcy ing is abusive. We want to stop abusive amendment was called up earlier. It is bill. Getting to this point has been a very filings and those who would exploit the pending. tough process involving a lot of compromise bankruptcy court. The bill creates a AMENDMENT NO. 96 TO AMENDMENT NO. 93 and a lot of refinement. presumption that a case is abusive if Mr. HATCH. I send an amendment to Senator GRASSLEY went on to say: the debtor, the person who owes the the desk and ask for its immediate con- You heard me say on the first day of de- debt, is able to pay a fixed percentage sideration. bate that for the entire time that I have of unsecured nonpriority claims or a The PRESIDING OFFICER. Without been in the Senate that on the subject of fixed dollar amount. objection, it is so ordered. bankruptcy—maybe not on every subject, In my home State of Illinois, the av- but the subject of bankruptcy—there has The clerk will report. erage annual income for bankruptcy The assistant legislative clerk read been a great deal of bipartisan cooperation . . . this legislation has always passed with filers in the Central District where I as follows: that sort of tradition. live in Springfield, in 1998, was $20,448. The Senator from Utah [Mr. HATCH] pro- About the amendment I am offering Yet the average amount of debt which poses an amendment numbered 96 to amend- people brought into bankruptcy court ment No. 93. now, Senator GRASSLEY went on to say: So I want to say to all of my colleagues was more than $22,000. It is clear that Mr. HATCH. I ask unanimous consent that I not only thank them for their support these people were over the edge. You reading of the amendment be dispensed but, more importantly . . . that tradition can’t get blood out of a turnip. When with. has continued.... I don’t think we would the credit industry wants to keep push- Mr. DURBIN. Mr. President, I object, have had the vote that we had today if it had ing and pushing and pushing for more unless a copy is provided. We have no not been for the bipartisanship that has been and more money, they have lost sight idea what is in the amendment. expressed.... of the reason for bankruptcy court. Mr. HATCH. It is on your desk. The vote was 97–1. The Grassley-Dur- When people have reached the end of Mr. DURBIN. I do not object. bin bankruptcy reform had over- the road, it is time to give them a fresh Mr. HATCH. I ask unanimous consent whelming bipartisan support. But, on start. reading of the amendment be dispensed two successive occasions, that bank- This figure shows these filers were with. ruptcy bill went into a conference com- hopelessly insolvent. They owed more The PRESIDING OFFICER (Mr. mittee and, frankly, never emerged. money on debt than they had in collat- CRAPO). Without objection, it is so or- What came back from the conference eral and their total income for the en- dered. committee was a slam dunk, unbal- tire year. They don’t even come close Mr. DURBIN. Mr. President, it took a anced, one-sided bankruptcy reform to meeting the standards where they few minutes to sort out what we are that favored credit card companies and would go through the scrutiny of this doing, and this is what it has come financial institutions, and, frankly, did bill. down to. I am offering an amendment little or nothing for consumers and My amendment gives the courts dis- to the bill before us with a bankruptcy families across America. cretion to dismiss or convert a chapter reform bill which was considered 21⁄2 I am pleased we have had this debate 7 bankruptcy case if the debtor can years ago in the Senate and passed by before us. But I tell you in the spirit fund a chapter 13 repayment plan. a vote of 97–1. that Senator GRASSLEY spoke to the What it means in simple language is Senator HATCH has come back and Members of the Senate on the floor, I this: If the court takes a look at the said, instead, it is a take it or leave it have offered the very bill which he and person in bankruptcy court and says, deal. We have this bill that is presently I worked on for so long, the bill that ‘‘You can pay back a substantial part before us—take it or leave it. That is passed so overwhelmingly. We already of this debt, we are not going to let you what the choice will be for my col- have before us a thoroughly researched off the hook entirely,’’ the Durbin March 14, 2001 CONGRESSIONAL RECORD — SENATE S2289 amendment says: Yes, the court can mailings in 1992, and those are only the When you go home tired at night and reach that decision. And that is an ap- ones that go through the mail. We are fighting all the phone calls coming propriate decision. Everybody should know there are Internet solicitations in, you don’t want anyone to say they try in good faith to pay their bills. and television and radio solicitations will give you an 800 telephone number. But let us also concede there are and magazine solicitations as well. What I suggested is something very some people who will never be able to Let me tell you a little bit about the simple, and it is a part of my amend- repay these bills. Unfortunately, the college students. At American Univer- ment. I have a little show and tell. Let amendment offered by Senator HATCH sity here in Washington, DC, every me demonstrate it. is one that doesn’t give that kind of time a student purchases something This is a credit card statement that latitude and flexibility. from the bookstore at American U, he came to one of the people in my office. My approach is cheaper, it is more or she gets this bag. At the bottom of As you can see, it is pretty familiar to flexible, it is more sensible, and it is this bag are four—not one, but four— you. It has a second page with all of more fair. What is the sense of apply- credit card solicitations for these stu- the things we read so carefully each ing a complicated means test to every dents every time they go into the month to figure out what the terms of bankruptcy filing when studies have bookstore. the credit card are. clearly shown the types of means tests Another college has a phone-in sys- The concern I have is this whole envisioned in the amendment of Sen- tem for registering for class. That question of the minimum monthly pay- ator HATCH would only apply to a small sounds pretty convenient. I can re- ment. I said to the credit card compa- fraction, far less than 10 percent of the member standing in long lines when I nies: When it comes to the minimum people filing bankruptcy? A study by had to register. But when the students monthly payments on these monthly the American Bankruptcy Institute come in, the first thing they hear from statements, could you be so kind as to put the figure at 3 percent. That means the university is a credit card solicita- say to the people who are being billed, that 100 percent of the people filing in tion. There is no avoiding it. If they if they make the minimum monthly bankruptcy court would have to go want to register for class, the first payment and they don’t increase their through a process that only applies to thing they have to find out is whether balance, how many months it will take 3 percent of them. they need a credit card. That is the for them to pay off the balance and Beyond the administrative costs, most important question. how much will they have paid in prin- there is a lot of stress on poor families When I go to a University of Illinois cipal and interest. in this approach. Let me tell you why football game, they wave a T-shirt at I don’t think that is an outrageous I think this bill is also balanced. I me: Do you want a free T-shirt? Sure. idea. don’t believe we should ration credit in Well, all you have to do is sign up for This is an example of what it might America, but I believe as consumers a credit card. look like. This says, if you make the and families across America you have a Students are signing up. The dean of minimum monthly payment, it will right to be informed, well informed students tells us the No. 1 reason kids take you 8 months to pay off your cur- about what you are getting into with a leave school—not because of academic rent balance, and the total cost to you failure—is because they are in over credit card. My amendment was more will be approximately $9,407 instead of their heads when it comes to credit balanced in its approach. This bill be- the remainder of $5,435. cards. fore us, Senator HATCH’s bill, does not Do you know what the credit card That sort of thing is absolutely inde- approach credit card disclosure in a companies told me when I suggested fensible. When you consider the fact meaningful way. This should be a pri- they put this information on the the median family income for chapter 7 mary objective of bankruptcy reform: bankruptcy filers has been declining, it monthly statement? ‘‘Impossible.’’ It is Reform the bankruptcy court, but also tells us that more and more people of impossible for us to calculate if they end some of the abuses of the credit limited means are taking out too many made the minimum monthly payment card industry. credit cards and getting in too far. how long it would take them to pay the When you go home tonight and open This bill that is being offered by the principal and interest. the mail, you know what you are going credit industry says several things: You know better and I know better. to find—another credit card solicita- First, if you get in over your head The technology and the computers are tion. If you happen to be a college stu- and want to file for bankruptcy, it is such that they can provide this in an dent, you are a prime target for these going to be tough. instant. But they do not want people to credit card companies. They want to Think about this for a minute. know this. Make the minimum month- get students with limited or no income There was an interesting article ly payment, and things are going to be with credit cards in hand, charging which appeared today in the Wash- just fine. When you get in too far, why debts across the campus and around ington Post that said, ‘‘Bad timing on don’t you ‘‘consolidate your debt’’ and the town, many of them finding them- the bankruptcy bill.’’ If we are worried get another credit card, and pretty selves in over their head in no time at about confidence, and if people are wor- soon you are in over your head. all. ried about making purchases, are we Pretty soon, if this bankruptcy bill If I want to take out a large loan at going to pass the Hatch-Grassley bank- passes, they will find when they walk a reasonable interest rate, a few thou- ruptcy bill to tell people if they pur- into bankruptcy court they will be sand dollars, or $100,000 as the mort- chase something and get in over their stuck with these debts. They cannot gage on my home, I have to go through heads they are not going to be able to get away from them. all kinds of scrutiny. The banks want get out of their debt in bankruptcy This is the greatest boon to the cred- to see my income tax forms, my bank court? Is that supposed to restore con- it industry that has ever been passed statements, my pay stubs, and the like. sumer confidence? Just the opposite is by the Senate. And we are about to do But many of you know when you want going to be true. it today, if we don’t adopt the Durbin to apply for a credit card the same I think the writer of this, Robert amendment. tests don’t apply. Samuelson, makes a very good point. The PRESIDING OFFICER. The time We have heard a lot about the democ- One of the provisions I think we of the Senator from Illinois has ex- ratization of credit. On the one hand, it should consider is that consumers have pired. is a good thing; credit should be broad- more information on their monthly bill Mr. DURBIN. Thank you, Mr. Presi- ly available. The marketplace should they receive from a credit card com- dent. work in a way so everyone who needs pany—something that is clear and un- The PRESIDING OFFICER. The Sen- credit has access. But the pendulum derstandable and not ambiguous. The ator from Utah is recognized. has swung too far in the wrong direc- credit industry that wrote the bill be- Mr. HATCH. Mr. President, I admire tion. According to BAI Global, a mar- fore us said they will say to consumers our colleague. He is very articulate. He ket research firm in Tarrytown, NY, in across America that they will give is a very effective Member of this body. 1999 Americans received 3 billion mail- them an 800 telephone number so they We have filed an amendment to his ings advertising credit cards. That is can call if they have any questions amendment that basically, if we vote more than three times the 900 million about the credit card. for it, would enact the bill we passed S2290 CONGRESSIONAL RECORD — SENATE March 14, 2001 last year 72–28 in the Senate, which I ened audit provisions and being more Every time Senator HATCH tells you think would be a fitting conclusion to tolerant of repeated abusive filings. there is a provision in the bill before us what has gone on here over the last The amendment deletes current law that is not included in the Durbin number of weeks. But I know it causes provisions allowing the court to con- bill—believe me, every time the credit heartburn for our colleague from Illi- sider charitable contributions when industry gave us a morsel, they took nois. So, as a courtesy to him, I am making a determination as to whether away a beef steak. And that is what going to withdraw my amendment at the debtor’s filing is an abuse. happened when it was all over. this time. The amendment does not provide for The bill before us today is much I ask unanimous consent that my retroactive enactment of Chapter 12 worse on consumers in America than amendment be withdrawn. And we will filings—farmers—from July 1, 2000 the bill this Senate passed by a vote of have a vote. I will move to table the through the date of enactment. 97–1. And though the Senator from Senator’s amendment at the appro- The amendment would create an im- Utah tells me how terrible my bill is, priate time, and I will also, if he needs mediate effective date, which, given he voted for it. He voted for it, as did more time for his amendment, grant the scope of the legislation, is wholly most of the Senators who are here him some of my time. inappropriate. today. The PRESIDING OFFICER. Without The amendment lacks improvements Let me read to you some comments objection, the amendment is with- to the small business bankruptcy pro- from people I think are worth repeat- drawn. visions in the bill. ing. This first comment comes from The amendment (No. 96) was with- This is a blatant effort to turn back David Broder. We know him. He is a re- drawn. the clock and force considerable re- spected journalist and is published in Mr. HATCH. Mr. President, let’s un- negotiation of provisions that have the Washington Post, and other news- derstand the Senator’s amendment. His been negotiated in good faith by lit- papers. This is what he says about this amendment does not have the Schumer erally hundreds of Senators and bankruptcy bill I am trying to replace: language in it that was passed yester- Congresspeople over the last 4 years. As for the bankruptcy bill, it deserves the day. It doesn’t have the Schumer lan- Make no mistake. A vote for this veto Clinton gave it. Despite some useful guage on abortion in it that we worked substitute is a vote to kill bankruptcy provisions, it is an unbalanced measure, out very meticulously with the distin- reform. which does nothing to curb the mass mar- guished Senator from New York. That We oppose the Durbin amendment. I keting of credit cards to young and low-in- is very important language. hope my colleagues on the other side come people who perpetually pay the exorbi- It doesn’t have the privacy language tant interest on their monthly balances. It will oppose it as well because basically will squeeze money out of people who have that Senator LEAHY and the distin- it will upset everything we have tried guished Senator from Vermont and I been clobbered by job losses, divorce or med- to do and tried to accommodate Demo- ical disasters, yet allow some millionaires to worked out over a long period of time. crats on and Republicans on over the plead bankruptcy while turning their assets That is very critical language. Frank- last 4 years. into mansions in states with unlimited ly, it is just an amendment that would A vote for this amendment is a vote homestead exemptions. substitute the current legislation with against meaningful bankruptcy reform. In both cases, money interests prevailed the bankruptcy reform bill that passed I appreciate the fact the distinguished over the public interest. the Senate in the 105th Congress. Senator believes deeply and he doesn’t That was David Broder in this morn- This amendment by the distinguished like this bill. He is one of a few who ing’s Washington Post. Senator from Illinois is a transparent does not like this bill. He is one of the Lawrence King is a law professor at attempt to kill bankruptcy reform. It 28 who voted against the bill when it New York University. I quote him: was hastily produced and does not even passed last year. If anything, the bill I fear this [bill] will end up creating an un- include the amendments to keep it cur- from last year has been modified with derground economy. People will go off the rent; that is, some of the bankruptcy amendments from the other side. books. They’ll ask to be paid in cash. They’ll judgeship provisions that have been get a false Social Security number. They’ll The bill we ultimately, hopefully, move. overtaken by them. will vote on and vote to invoke cloture The Durbin amendment throws away In my 40 years of dealing with Congress on on has been modified to please Mem- bankruptcy legislation, this is the worst I’ve 4 years of revision, compromise, and bers on the other side in a wide variety ever seen. It’s the kind of bill that makes improvement. of ways. you want to point your fingers at individual The Durbin amendment is lacking in We have tried to accommodate our congressmen and say, ‘‘Shame on you.’’ several important areas: This bill before us today is not bal- The amendment has no enforceable friends on the other side. I certainly anced. If that credit industry will not means test; believe I have been fair as the manager The amendment does not include the of the bill; and I intend to continue to even include a provision on your improved child support provisions re- be. But this amendment would work monthly statement so you can make quested by the child support commu- against almost everything we have an informed decision about the kind of nity; tried to accomplish over the last 4 debt which you and your family can The amendment does not include the years. face, it tells the whole story, as far as Leahy-Hatch ‘‘Toysmart’’ consumer With that, does the distinguished I am concerned. privacy amendment; Senator need some time? What we have offered in this sub- The amendment does not have the re- Mr. DURBIN. Yes, I do. stitute is a carefully crafted and bal- affirmation provisions in the current Mr. HATCH. Mr. President, how anced bill. It says the credit card com- bill which substantially improved con- much time? panies have to end some of their abuses sumer protections; Mr. DURBIN. I do not know how and that we believe that abuses in the The amendment lacks the important much time is remaining, but if I could bankruptcy court have to end. consumer protections such as the have 10 minutes. I salute my colleague and friend from ‘‘Debtors’ Bill of Rights’’; Mr. HATCH. Mr. President, how New York, Senator SCHUMER. It is true The amendment does not include 4 much time remains? that his language yesterday on preda- years of improvements for the finan- The PRESIDING OFFICER. The Sen- tory lending is a good addition to the cial netting provision; ator from Utah has 9 minutes remain- bill. But I will tell him that the bill I The amendment does not address the ing. am offering—the one that passed 97–1— abuse of the bankruptcy system by Mr. HATCH. Could I give the Senator has my provision which directly at- those who wish to discharge debts aris- 5 minutes, and I will take 4? tacks predatory lending. ing from violence; that is, the Schu- Mr. DURBIN. That would be fine. I Who are these predatory lenders? mer-Hatch compromise. That is a very thank the Senator from Utah for his They are people who want a second important part of what we hope will be courtesy. mortgage on your grandmother’s home, the final bill. We have locked horns many times, that turns into a balloon payment, The amendment has much weaker but we are friends. I respect him very that turns into a foreclosure, that anti-fraud provisions, such as weak- much. turns into a trip to bankruptcy court, March 14, 2001 CONGRESSIONAL RECORD — SENATE S2291 where the home she saved for for a life- It lacks the Debtors’ Bill of Rights. some time. I have just a few minutes to time is lost to these people, these loan It lacks 4 years of improvements in the summarize again. This is already in the sharks, who take advantage of the sys- financial netting provisions. It does RECORD. In addition to the Broder piece tem. Sadly, the financial and credit not address the abuse of the bank- that my colleague, Senator DURBIN, card industry came to the rescue of ruptcy system by those who wish to mentioned, I have the New York these loan sharks at the expense of el- discharge debts arising from violence, Times, Tuesday, March 13, ‘‘Lobbying derly Americans who are being ex- the Schumer-Hatch compromise. It has on Debtor Bill Pays Dividend’’; two ploited by them. much weaker antifraud provisions, pieces by Tom Hamburger in the Wall Senator SCHUMER’s amendment has such as weakened audit provisions. You Street Journal—‘‘Auto Firms See Prof- helped immeasurably. I assure those can just go on and on. it in Bankruptcy-Reform Bill Provi- who are listening to this debate that It deletes current law provisions in sion’’ and ‘‘Influence Market: Indus- the Durbin amendment I have offered allowing the courts to consider chari- tries That Backed Bush Are Now Seek- today has equally powerful language table contributions when making a de- ing Return on Investment,’’ including when it comes to ending predatory termination as to whether the debtor’s in bankruptcy. Also, another piece by lending in the United States. filing is an abuse. It does not provide Robert Samuelson, ‘‘Bad Timing on the The credit industry and the financial for retroactive enactment of chapter 12 Bankruptcy Bill.’’ industry oppose both measures. That filings that benefits our farmers from Mr. President, I have an amendment ought to tell you the whole story about July 1, 2000, to the date of enactment. that I think is a real test case. It sim- what is before us. The amendment would create an im- ply says, if you charge over 100 percent We have precious few opportunities mediate effective date which, given the interest on a loan, and the borrower in the Congress—certainly on the floor scope of the legislation, is wholly inap- goes bankrupt, you cannot make a of this Senate—to consider any legisla- propriate, and it lacks improvements claim on that loan or the fees from tion to help consumers and families to the small business bankruptcy pro- that loan. In other words, the bor- across America. Passing the Durbin visions that are in the bill currently rower’s slate is wiped clean of the usu- amendment will help them. It will pro- before the Senate. rious loan, and he gets a fresh start. vide some balance to the bill. If we In my opinion, it is an attempt to This amendment is a commonsense should defeat this amendment and go turn back the clock and force consider- solution to the problem I have talked back to the original bill—which is now able renegotiation of all of these provi- about all afternoon. It allows the Sen- before us—as David Broder and others sions, and many other provisions, that ate to send a message to these loan have said, the net losers will be fami- we have worked so hard to put together sharks: If you charge an outrageous in- lies across America facing a slowdown over the last 4 years. terest rate, if you profit from the mis- in this economy, who fall behind in The bankruptcy bill is a bipartisan ery and misfortune of others, if you their debts and end up in bankruptcy bill. It is not a Republican bill; it is not stack the deck against the customer so a Democrat bill. It is a bipartisan bill. court as the targets and as the victims that they become virtual slaves to We worked very strongly all these of the credit industry. That is a wrong your indebtedness, you will get no pro- years to bring it about. I have to say, move. tection in bankruptcy court for your I hope my colleagues in the Senate there are certain Senators in this body claims. who have a right to do this but who will join me in supporting this amend- In talking about these payday loans, have never wanted a change in the ment. I say to my colleagues, these are poor Several Senators addressed the bankruptcy laws, at least the way the people, low- and moderate-income peo- Chair. bill has been negotiated by the vast ple. They don’t have other sources of The PRESIDING OFFICER. The Sen- majority of people in both Houses of credit. They get charged on these loans ator from Utah. Congress. But a vote for this substitute as they roll over every several weeks Mr. HATCH. I will yield to the distin- is a vote to kill the bankruptcy bill. up to 2,000 percent interest per year. Is guished Senator from Wisconsin, with- I hope, after all of these years, and it too much to say that if you charge out losing my right to the floor, for the all of these months, and all of the time over 100 percent per year, you are not purpose of modifying his amendment. we have spent on the floor on this bill, going to get the protection in bank- Mr. FEINGOLD. Mr. President, I ask that my colleagues will vote to table ruptcy? Is it too much for the Senate unanimous consent that I be permitted the amendment. to be on the side of consumers, to be on Mr. President, I yield back the re- to modify amendment No. 51 with the the side of poor people? modification I now send to the desk. mainder of my time and move to table This amendment is simple: Are we on The PRESIDING OFFICER. Is there the amendment, and ask for the yeas the side of poor people? Do we provide objection? and nays. And I ask unanimous consent some protection—for a single woman Without objection, it is so ordered. that the votes occur as we had in the who is raising her family, for commu- The submitted amendment (No. 51), original unanimous consent. nities of color, senior citizens, work- The PRESIDING OFFICER. Without as modified, is as follows: ing-income people who were put under objection, it is so ordered. (Purpose: To strike section 1310, relating to by these interest rates—or are we on barring certain foreign judgments) Is there a sufficient second? There appears to be a sufficient sec- the side of some of the sleaziest loan On page 439, strike line 19 and all that fol- sharks? lows through page 440, line 12. ond. The yeas and nays were ordered. I hope Senators will support this Mr. FEINGOLD. Mr. President, I The PRESIDING OFFICER. The amendment. It certainly will make thank the chairman for his courtesy clerk will call the roll. this bill less harsh. It doesn’t change and assistance. Mr. HATCH. No. We have to wait the overall equation. This is a great Mr. HATCH. Thank you. until the Wellstone—my motion to bill for the credit card industry, a The PRESIDING OFFICER. The Sen- table has been approved? great bill for the financial services in- ator from Utah. The PRESIDING OFFICER. The dustry. I congratulate them. What a AMENDMENT NO. 93 Chair was in error. The unanimous con- lobbying force; how much money and Mr. HATCH. As I said before, the sent agreement was that we now de- how much lobbying and how much Durbin amendment would upset 4 solid bate the Wellstone amendment. power. A whole lot of vulnerable people years of negotiations between both Mr. HATCH. Right, before the motion have been left out; a whole lot of mid- sides of the aisle on both sides of Cap- to table. dle-income families have been left out. itol Hill. It is lacking in all kinds of The PRESIDING OFFICER. The mo- I believe my colleagues will regret areas. There is no enforceable means tion to table has been made, and the voting for this bill, but at the very test. It does not include the improved rollcall vote will be ordered at the ap- minimum, they could vote for this child support provisions that have been propriate time. amendment that goes after these loan requested and desired by the child sup- The Senator from Minnesota. sharks, that goes after these payday port community. It does not have the AMENDMENT NO. 36, AS MODIFIED loans. It is such is deplorable practice. Leahy-Hatch privacy language. It does Mr. WELLSTONE. Mr. President, I It is so outrageous, making such exor- not have the reaffirmation provisions. have spoken about this amendment for bitant profit off the misery of people. S2292 CONGRESSIONAL RECORD — SENATE March 14, 2001 We ought to be on the side of vulner- in bankruptcy proceedings of the claim the company and it went into bank- able consumers. We ought to be on the of the creditor, auto dealer or check ruptcy. side of low- and moderate-income fami- casher. Here is the problem: The kinds of in- lies. We ought not be on the side of This amendment strikes at any lend- terest rates that are being talked these loan sharks. This amendment er or merchant who charges flat fees about sound high, and they are high should receive 100 votes. permitted by State law in a lending when they are calculated on an I say to my colleague from Illinois, transaction. For example, a $10 cash annualized basis. But when you borrow for all the hours I have been out here, advance fee or a $15 Federal Express fee for a week, the carrying charges and so far I have not heard one Senator permitted by State law for quickly the finance charges, which aren’t nec- come to the floor and debate this sending a check back to the borrower essarily high for that period of time, by amendment. That is unbelievable to could exceed the limit if the credit was their very nature, produce a high an- me. short term. nual rate. Mr. DURBIN. Will the Senator yield? This amendment intrudes into an The PRESIDING OFFICER. The Sen- Mr. WELLSTONE. I yield. area traditionally regulated by the ator’s time has expired. Mr. DURBIN. What the Senator is states. Some States permit ‘‘payday’’ Mr. GRAMM. Mr. President, I ask saying is that no one has come to the loans, but this regulation would ini- unanimous consent for 1 additional floor defending the payday loans and tiate federal regulation of the service. minute. the loan sharks? Oppose this unwise and overbroad at- Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. No one has come tempt to federally regulate an area tra- would not object, although I would like to the floor to defend the payday loans ditionally regulated by the States. to have, and ask unanimous consent and the loan sharks. I have had this This could hurt the very poor people for, 1 additional minute to respond. amendment on the floor for 3 or 4 days. who have to have these instant loans The PRESIDING OFFICER. Without Mr. DURBIN. They have had ample the Senator is trying to help. In fact, objection, it is so ordered. opportunity. The Senator should get a he hurts them. Mr. GRAMM. Let me give another ex- unanimous vote. I yield the remainder of my time to ample: If you took a cab in the District Mr. WELLSTONE. I say to my col- the distinguished Senator from Texas. of Columbia and were driven to the air- league from Illinois, I think this may Mr. WELLSTONE. May I ask the port, you would not consider the rate be the first amendment I have intro- Chair if I have any time left? to be usurious. But if you took that duced that is going to get 100 votes. The PRESIDING OFFICER. The Sen- same cab and were driven to Los Ange- Mr. DURBIN. I look forward to it. ator has 51 seconds remaining. The les, CA, and you were charged $50,000, The PRESIDING OFFICER. The Sen- Senator from Texas has 2 minutes 30 you would likely consider that charge ator from Utah. seconds. to be usurious. Do we have a law that Mr. HATCH. Mr. President, lest there Mr. GRAMM. Mr. President, this tries to say that a rate going to Cali- be a failure to talk about the other amendment is really a usury limit fornia, which would be considered usu- side, I might just do that. amendment. Our distinguished col- rious, not be charged for traveling a Although the amendment is de- league from Minnesota simply objects much shorter local distance in the Dis- scribed as only attacking ‘‘payday to people lending at high interest trict of Columbia? The point is, when loans,’’ it imposes new and burdensome rates. you are borrowing money for a week, regulation on virtually any company I am sure there are some people who you pay high annual interest rates. that offers consumer loans, including believe that if contracts are entered So, the net result of this amendment automobile or truck loans, or that into at terms they find objectionable, is to deny people access to credit. If the cashes personal checks and charges a the terms should not be enforced. But amendment were adopted, it is true fee. It represents an attempt to use that is not the way the American com- that borrowers would no longer be pay- Federal law to in effect abolish ‘‘pay- mercial code works. What this amend- ing high rates, but it is equally, and day loans’’, intruding into an area tra- ment would do, in essence, is say that more significantly, true they wouldn’t ditionally reserved to the States. if I borrowed $100 for a week and I paid be getting any loans at all for which Although lenders who provide ‘‘pay- a $2 service charge on that loan, if the they were willing to pay. They will be day loans’’ are an easy target because borrower went bankrupt, I wouldn’t driven into the black market, and they the credit they offer is expensive, they have to pay the loan because the Sen- will pay a higher rate. in fact provide access to legitimate, ator from Minnesota has judged that The PRESIDING OFFICER. The Sen- short term credit for many poor fami- interest rate to be too high. ator from Minnesota is recognized. lies who otherwise would be forced to That is great when you are making Mr. WELLSTONE. Mr. President, no borrow from loan sharks to cover short $146,000 a year. That is great when legitimate lender charges over 100 per- term emergencies. Some borrowers, every bank in your State would love to cent interest on an annual basis. We particularly poor borrowers, cannot lend you money. But the plain truth is, have usury laws that deal with banks qualify with conventional lenders. For there are a lot of Americans who need at the State level, and we should do so. that reason, some States permit ‘‘pay- to borrow money, a lot of Americans But these payday lenders have carved day’’ lenders to operate. who would like to borrow money for a out an exemption for themselves. This amendment would in effect week to get over a temporary credit These loan sharks have carved out an drive payday lenders out of business. problem they have. The terrible impact exemption for themselves. It also is vastly overbroad, imposing of this amendment is that it would de- If Senators are concerned about poor new, burdensome regulation on many stroy the ability of those people to use people, we should be thinking about legitimate businesses. legitimate lenders and, in the process, other ways they can have access to The amendment amends the Bank- would force them in many cases to bor- credit. We are not doing that at all. ruptcy Code to deny the claim of any row elsewhere and pay many times as But we now have an opportunity to creditor who charged more than a new, much in interest. make it clear that we are not going to Federal maximum price ceiling for any Not only is this Government simply let these loan sharks continue to feed type of automobile or consumer credit. imposing its will on the marketplace, off of the misery of poor people. We are The amendment also imposes a max- but it also has real unintended con- not going to let them engage in this imum Federal price limit of 100 percent sequences. Let me give an example. kind of exploitation. annual percentage rate on what any Let’s say you have a debit card and you To my colleagues who say, oh, no, 100 consumer creditor, automobile dealer, pay a fee in case you have an over- percent, or 300 percent, or 2,000 percent or check casher could charge in fees or charge from your balance. If you write interest rates on an annual basis are interest for a loan or check cashing a check for $100, that fee is going to ex- just what poor people need, so please service, possibly preempting State reg- ceed the amount prohibited under the don’t have an amendment, Senator ulation setting a lower or higher price Wellstone amendment and, as a con- WELLSTONE, that will hurt poor people; limit. Violations of the maximum Fed- sequence, you wouldn’t have to pay they need to be able to pay over 100 eral price limit would result in denial that charge if something happened to percent per year—your arguments are March 14, 2001 CONGRESSIONAL RECORD — SENATE S2293 absurd, as much as I like you. They are And now the credit card companies of 2000, when a ‘‘shadow conference’’ absurd. have come before Congress asking for determined what the final bankruptcy Frankly, you can’t get out of this our help. And boy, are we about to give bill would look like, and the bill was vote. You are either for vulnerable citi- it to them. This bill is a bailout for the brought back to the House and the zens and families and you are against credit card industry. It is going to Senate in an extraordinary procedural this kind of loan shark practices or you make it easier for credit card compa- maneuver. In particular, MBNA gave are on the side of these loan sharks. nies to collect more on the bad deci- $100,000 in soft money to the National Senators, step up to the plate and vote. sions they have made, the credit they Republican Senatorial Committee on I yield the floor. have extended to people who are de- October 12, 2000, the very same day Mr. HATCH. Mr. President, I move to monstrably poor credit risks. And that the House gave final approval to table the amendment of the Senator make no mistake, giving the credit the bill. MBNA has a habit of making from Minnesota, and I ask for the yeas card companies more power will work well-timed contributions. On the very and nays. to the detriment of women trying to day that the House passed a bank- The PRESIDING OFFICER. Is there a collect alimony and child support from ruptcy conference report in 1998 and sufficient second? ex-husbands who have filed for bank- sent it to the Senate, MBNA gave a There is a sufficient second. ruptcy. $200,000 soft money contribution to the The yeas and nays were ordered. Last December, the Wisconsin State NRSC. AMENDMENT NO. 93 Journal, a very middle-of-the-road To give my colleagues and the public Mr. FEINGOLD. Mr. President, I rise paper in my home State, summarized an idea of just how generous MBNA has to support Mr. DURBIN’s amendment well my concern about the extent to been, the corporation’s Chairman & that is a complete substitute for the which this bill gives the credit card in- CEO, Alfred J. Lerner, and his wife, pending bankruptcy reform bill. This dustry what it wants. The Journal Norma, each made contributions of a amendment is essentially the bill that wrote: quarter of a million dollars to the Re- passed the Senate in 1998 by a vote of When the credit card industry came to publican National Committee in the 97–1. This near unanimous vote in favor Congress to ask for help in collecting debts last cycle. of a bill shows that it is possible to from deadbeats, Congress should have said: And the generosity didn’t stop there. have bankruptcy reform that the whole It’s not government’s job to bail you out. According to an article in the Wall Senate can support if it is balanced and Why don’t you tighten up your own lending Street Journal from March 6th, MBNA fair. practices? Instead, Congress let the industry turn a bankruptcy reform bill into a debt President Charles M. Cawley is also an Unfortunately, I have said before, S. collection assistance plan. active political donor and fundraiser 420 is not balanced and fair. I have out- The editorial continues: who gave $100,000 to the Bush-Cheney lined in detail my concerns with this Inaugural Committee. The House and Senate had before them 172 bill. Mr. DURBIN’s amendment goes a Of course, MBNA is not the only recommendations from the National Bank- long way to addressing those concerns ruptcy Reform Commission, which was led wealthy interest fighting against this and I will vote for it if we are per- by Madison attorney Brady Williamson. The bill, on the contrary, they have plenty mitted to vote on it. commission had stressed that bankruptcy of company. According to the Center One of the most significant improve- law must remain balanced: It must work for for Responsive Politics, the nine mem- ments that the Durbin amendment ac- creditors and debtors. bers of the National Consumer Bank- complishes is that it contains much But the congressmen also had before them ruptcy Coalition contributed more stronger credit card disclosure require- lobbyists for the credit card industry and than $5 million in soft money, PAC ments. similar lenders. Quickly, bankruptcy reform legislation became a campaign fund-raising money and individual contributions Literally billions of credit card so- bonanza for the politicians, with the lending during the 2000 election cycle. The Coa- licitations flood consumers’ mailboxes industry ‘‘investing’’ $20 million in contribu- lition’s members include Visa USA, each year. Not millions but billions. tions. Just as quickly, bankruptcy reform Mastercard International and several Even though the number of bank- turned into the credit card industry’s bill. financial industry trade groups, includ- ruptcies is now on the way down, most My colleagues are well aware of my ing the American Bankers Association experts agree that the rise in bank- concern about the influence of cam- and the American Financial Services ruptcy filings that occurred in the past paign money on politics and policy. As Association. decade was due in significant part to I have said a number of times, the This is the fourth time I have Called the irresponsible extending of credit by bankruptcy bill is a poster child for the the Bankroll on the bankruptcy issue credit card companies and banks to need for campaign finance reform. You from this floor. You might wonder how people who have already shown that only have to look at what the credit I manage to come up with new infor- they cannot handle additional debt. card industry gets in this bill, and just mation, bankroll after bankroll after Just to give a single tangible exam- as importantly, the disclosure that bankroll. Well, the answer is simple: ple of the blizzard of solicitations that consumers do not get, to understand the industry keeps giving more and credit card issuers are now sending out, that. more money. one member of my staff has collected A full discussion of this amendment, Huge sums, like quarter million dol- solicitations he received by mail since or the larger bankruptcy issue, is im- lar contributions, and six figure dona- this bill was marked up in the last Con- possible without a Calling of the Bank- tions that just happen to be delivered gress. In the last 20 months, he has re- roll. Money and influence are at the on key days when legislation is up for ceived 95 mail offers for a new credit very core of this debate. a vote. This industry is not subtle. card. Now I am sure my staffer is a I would like to call my colleagues’ They want this legislation to become very creditworthy individual, but 95 of- attention to an article from the Feb- law, and they aren’t shy about using fers for a new credit card? I am sure ruary 26th issue of Business Week mag- the campaign finance system to get that my colleagues have received at azine. It’s called ‘‘Tougher Bankruptcy their way. least as many solicitations, even if Laws—Compliments of MBNA?’’ The That is the context in which we con- they did not count them all up. And of article points out the extraordinary sider this amendment. And that is all course, these direct mail offers don’t largesse of this one credit card com- the more reason why sensible protec- include the constant invitations for pany, which is, of course, a significant tions like that proposed in this amend- credit cards that people see every day leader of the coalition supporting this ment need to be adopted. on TV and on the Internet. bill. I urge my colleagues to support the This is an industry whose sales The contributions of MBNA were also Durbin amendment. pitches are out of control. The credit noted in an article in the New York I ask unanimous consent that the ar- card companies are making bad deci- Times entitled, ‘‘Hard Lobbying on ticles from Business Week and The New sions every day. People receive new Debtor Bill Pays Dividend.’’ York Times be printed in the RECORD. cards with thousands of dollars of new Most of the $1.2 million in soft money There being no objection, the articles credit when they have maxed out on 2, that MBNA gave to the parties in the were ordered to be printed in the 5, or even 10 other cards. last cycle was given in the second half RECORD, as follows: S2294 CONGRESSIONAL RECORD — SENATE March 14, 2001 [From Business Week, Feb. 26, 2001] ary rose 15% over a year ago. A handful of Gore campaign, and their donations totaled TOUGHER BANKRUPTCY LAWS—COMPLIMENTS Democrats will seek to soften the bill’s im- $1,500. OF MBNA? pact on indebted consumers, but quick ap- The center found that of MBNA’s overall (By Christopher H. Schmitt) proval seems guaranteed. ‘‘This legislation is political contributions of $3.5 million in the on a downward ski slope, never to be last election, 86 percent went to Republicans, Last December, as Congress struggled to stopped.’’ said Representative Sheila Jack- 14 percent to Democrats. The company, wrap up a lame-duck session, it sent Presi- son Lee (D-Tex.) at a recent hearing. And which did not return phone calls for com- dent Clinton an overhaul of bankruptcy smoothing the way is MBNA. ments, made large donations to the Senate laws. The bill, the most sweeping change in campaign committees of both political par- bankruptcy policy in two decades, had hand- [From the New York Times, Mar. 13, 2001] ties—$310,000 to the Republicans, $200,000 to ily passed both houses. But Clinton, com- the Democrats. plaining that it was unfair to those who fall HARD LOBBYING ON DEBTOR BILL PAYS DIVIDEND MBNA’s donations were part of a larger on hard times, let it die. That was a big dis- trend within the finance and credit card in- (By Philip Shenon) appointment to credit-card issuer MBNA dustries, which have widely expanded their Corp., which has spent several years lob- WASHINGTON, Mar. 12.—A lobbying cam- contributions to federal candidates as they bying for a bankruptcy rewrite and stands to paign led by credit card companies and stepped up their lobbying efforts for a bank- be the biggest beneficiary of an overhaul. banks that gave millions of dollars in polit- ruptcy overhaul. Now, MBNA is about to hit pay dirt. New ical donations to members of Congress and According to the Center for Responsive bankruptcy legislation is on a fast track. Ju- contributed generously to President Bush’s Politics, the industries’ political donations diciary panels in the House and Senate have 2000 campaign is close to its long-sought goal more than quadrupled over the last eight held perfunctory hearings, and a bill could be of overwhelming the nation’s bankruptcy years, rising from $1.9 million in 1992 to $9.2 on the House and Senate floors as early as system. million last year, two-thirds of it to Repub- late February. A White House spokesman Legislation that would make it harder for licans. has indicated that George W. Bush will sign people to wipe out their debts could be Kenneth A. Posner, an analyst for Morgan it. passed by the Senate as early as this week. Stanley Dean Witter, said that the bank- The bill—a carbon copy of last year’s The bill has already been approved by the ruptcy bill would mean billions of dollars in version—is aimed at stopping consumers House, and Mr. Bush has pledged to sign it. additional profits to creditors, and that it from dissolving debts they can afford to Sponsors of the bill acknowledge that law- would raise the profits of credit card compa- repay. It would establish a ‘‘needs-based’’ yers and lobbyists for the banks and credit nies by as much as 5 percent next year. In formula that would determine whether debt- card companies were involved in drafting it. the case of MBNA, that would mean nearly ors can pay off part of their debt under court The bill gives those industries most of what $75 million in extra profits in 2002, based on supervision. Those earning at or above the they have wanted since they began lobbying its recent financial performance. median for their state would have to make in earnest in the late 1990’s, when the num- The bill’s most important provision would good on at least part of their obligations. ber of personal bankruptcies rose to record bar many people from getting a fresh start LARGESSE. While this would help all lend- levels. from credit card bills and other forms of debt ers, it especially benefits MBNA, the world’s In his final weeks in office, President Bill when they enter bankruptcy. Depending on largest credit-card issuer. The credit that Clinton vetoed an identical bill, describing it their income, it would bar them from filing MBNA and its fellow plastic-issuers extend is as too tough on debtors. But with the elec- under Chapter 7 of the bankruptcy code, typically unsecured, so they have less re- tion of Mr. Bush and other candidates who which forgives most debts. course than other creditors when a customer received their financial support, the banks Under the legislation, they would have to can’t pay. Morgan Stanley Dean Witter ana- and credit card industries saw an oppor- file under Chapter 13, which would require lyst Kenneth A. Posner estimates that the tunity to quickly resurrect the measure. repayment, even if that meant balancing overhaul could boost credit-card issuers’ In recent weeks, their lawyers and lobby- overdue credit card bills with alimony and earnings by 5% this year. For MBNA, that ists have jammed Congressional hearing child- support payments. could mean some $75 million more in profit, rooms to overflowing as the bill was re- Consumer groups describe the bill as a gift based on third-quarter earnings. debated and reapproved. During breaks, to credit card companies and banks in ex- With the kind of payoff, the company has there was a common, almost comical pat- change for their political largess, and they been pushing hard for the bill—and the elec- tern. The pinstriped lobbyists ran into the complain that the bill does nothing to stop tion of a President who will sign it. In Cam- hallway, grabbed tiny cell phones from their abuses by creditors who flood the mail with paign 2000, MBNA employees contributed pockets or briefcases and reported back to solicitations for high-interest credit cards $237,675 to Bush, making them the can- their clients, almost always with the news and loans, which in turn help drive many didate’s single biggest source of cash, accord- they wanted to hear. vulnerable people into bankruptcy. ing to the Center for Responsive Politics, a ‘‘Where money goes, sometimes you see re- ‘‘This bill is the credit card industry’s wish campaign-finance think tank in Washington. sults,’’ acknowledged Representative George list,’’ said Elizabeth Warren, a Harvard law On the soft-money side, MBNA chipped in W. Gekas, a Pennsylvania Republican who professor who is a bankruptcy specialist. nearly $600,000, with about two-thirds going was a sponsor of the bill in the House. But ‘‘They’ve hired every lobbying firm in Wash- to the GOP. (Most of the rest went to a Mr. Gekas said that political contributions ington. They’ve decided that it’s time to Democratic Party committee.) On top of did not explain why most members of Con- lock the doors to the bankruptcy court- that, MBNA Chairman and CEO Alfred gress and Mr. Bush appeared ready to over- house.’’ Lerner and his wife, Norma, each kicked in haul the bankruptcy system. The bill’s passage would be evidence of the $250,00 to the Republicans. Charles M. ‘‘People are gaming this system,’’ Mr. heightened power of corporate lobbyists in Cawley, CEO of MBNA’s bank unit and a Gekas said, describing the bill as an effort to Washington in the aftermath of last year’s friend of Bush Sr., organized fund-raisers and end abuses by people who are declaring bank- elections, which left the White House and gave $18,660 to Bush and the GOP. ruptcy to wipe out their debts even though both houses of Congress in the hands of busi- Much of the money flowed in the second they have the money to pay them. ‘‘We need ness-friendly Republicans. half of last year, when the bankruptcy bill bankruptcy reform.’’ Last week, corporate lobbyists had another was moving on Capitol Hill. One example: On Among the biggest beneficiaries of the important victory when both the Senate and the same day the House gave final approval, measure would be MBNA Corporation of the House voted to overturn regulations im- MBNA ponied up $100,000 for the Republican Delaware, which describes itself as the posed during the Clinton administration to Party. ‘‘This is just a real good illustration world’s biggest independent credit card com- protect workers from repetitive-stress inju- of the way things work in Washington: pany. Ranked by employee donations, MBNA ries. Money is given, money is given strategically, was the largest corporate contributor to the Credit card companies and banks would [and] money is given by industries for a par- Bush campaign, according to a study by the not be the only interests served by the bank- ticular purpose,‘‘ says Celia Viggo Wexler, Center for Responsive Politics, an election ruptcy bill. Wealthy American investors in author of a Common Cause report on con- research group. Lloyd’s of London, the insurance concern, sumer-credit companies’ political giving. MBNA’s employees and their families con- have managed through their lobbyists to in- Adds Edmund Mierzwinski, consumer direc- tributed about $240,000 to Mr. Bush, and the sert a provision in the bill that would block tor for the U.S. Public Interest Research chairman of the company’s bank unit, Lloyd’s from collecting millions of dollars Group: MBNA’s largesse is ‘‘clearly money Charles M. Cawley, was a significant fund- that the company says it is owed by the well spent.’’ Lerner, Cawley, and an MBNA raiser for Mr. Bush and gave a $1,000 a-plate Americans. spokesman did not return calls seeking com- dinner in his honor, the center said. After Lloyd’s has hired its own powerful lob- ment. Mr. Bush’s election, MBNA pledged $100,000 byist, Bob Dole, to help plead its case on Consumer groups say they’ll continue to to help pay for inaugural festivities. Capitol Hill. Last week, the chief executive fight the bill, which they contend is espe- MBNA was obviously less enthusiastic of Lloyd’s was in Washington to plot strat- cially ill-advised in the slowing economy. about the candidacy of former Vice Presi- egy. After falling 12% from a high of 1.44 million dent Al Gore, Mr. Bush’s Democratic rival; The issue involves liabilities incurred by in 1998, bankruptcy filings are ticking up according to the center, only three of the Lloyd’s in the 1980’s and 1990’s when it was again. One early report shows cases in Janu- company’s employees gave money to the forced to pay off claims on several disasters, March 14, 2001 CONGRESSIONAL RECORD — SENATE S2295 like the Exxon Valdez oil spill. Investors in Mr. LEAHY. Mr. President, I further to someone else, and that person gives Lloyd’s are expected to share both its profits ask of the Senator from Utah, if they the borrower cash in an amount less and its losses, but the American have refused are unable to complete the ones we than the amount of the personal check. to settle the debts, claiming they were mis- led by Lloyd’s. have agreed on—the paperwork—it The check isn’t cashed if the borrower As he watched consumer-protection would fall, if cloture was voted, on the redeems the check for its full value amendments to the bankruptcy bill fail by basis of germaneness. within 2 weeks. lopsided margins last week, Senator Patrick The PRESIDING OFFICER. The time At the onset, I would like to point J. Leahy of Vermont, the ranking Democrat has expired. out the fact that payday loans are on the Judiciary Committee and a leading Mr. HATCH. We are going to try to completely legal transactions in many critic of the bill, said that colleagues had work with the Senator. It may take a states. If a financial transaction is per- told him privately that they were ‘‘com- mitted to the banks and credit card compa- unanimous consent postcloture. fectly legal under state law, I don’t nies—and they are not going to change. Mr. LEAHY. Mr. President, I ask think that it is wise policy to use the ‘‘Some of them do this because they think unanimous consent that when the man- bankruptcy code to try and undo that it’s the right thing to do,’’ Mr. Leahy said. agers’ package is brought forward, and legal state transaction. But he said other senators were voting for it is agreed on by the Senator from Using the Bankruptcy Code for this the bill because they know that the banks Utah and the Senator from Vermont, and credit card companies ‘‘are a very good purpose leads to perverse results be- source’’ of political contributions. ‘‘I always the items in it be considered germane. cause the only people who will receive assume senators are doing things for the Mr. HATCH. I cannot agree to that at any benefit or relief will be those who purest of motives,’’ he added, his voice thick this time, but I will certainly run that file for bankruptcy. The amendment with sarcasm. ‘‘But I have never had credit by the appropriate people. would deny payday lenders the right to card companies show up at my fund-raisers, The PRESIDING OFFICER. The sit at the bankruptcy bargaining table. and I don’t think they ever will.’’ question before the Senate is on agree- So other people who use payday loans Mr. Gekas said the implication that money ing to the motion to table the amend- was buying support for the bankruptcy bill who never file for bankruptcy will not was insulting, and that the bill did most con- ment of the Senator from Illinois. The benefit from this amendment. These sumers a favor by ending practices by some yeas and nays have been ordered. The people who have taken out loans but debtors that had forced up interest rates for clerk will call the roll. don’t take the easy way out in bank- everybody else. ‘‘Bankruptcies are costly to The legislative clerk called the roll. ruptcy court will still have to pay back all of us who don’t go bankrupt,’’ Mr. Gekas Mr. FITZGERALD (when his name their loan. Therefore, you have the per- said. was called). Present. verse result of people who do not have In the late 1990’s, banks, credit card indus- The result was announced—yeas 64, the money to file for bankruptcy who tries and others with an interest in over- nays 35, as follows: hauling the bankruptcy system formed a lob- will have to pay the loan as agreed. [Rollcall Vote No. 27 Leg.] bying group, the National Consumer Bank- Even if you share Senator WELLSTONE’s ruptcy Coalition, for the purpose of pushing YEAS—64 distaste for payday loans, this amend- a bankruptcy-overhaul bill through Con- Allard Domenici Miller ment won’t benefit the poorest of the gress. Allen Ensign Murkowski They said they needed to act to deal with Baucus Enzi Nelson (NE) poor because most of them do not seek what was then a record number of personal Bayh Frist Nickles bankruptcy relief. bankruptcy filings. According to court Bennett Graham Roberts I also think that the Wellstone records, the number of personal bankruptcies Biden Gramm Santorum amendment would have the effect of hit nearly 1.4 million in 1998, a record, up Bingaman Grassley Sessions making it harder for the poor and from 718,000 in 1990. The number fell to just Bond Gregg Shelby Breaux Hagel Smith (NH) those with bad credit histories to gain under 1.3 million last year, although it is ex- Brownback Hatch Smith (OR) access to cash—the very people that pected to rise again if the economy con- Bunning Helms Snowe Senator WELLSTONE is concerned tinues to sour. Burns Hutchinson Specter about. People who use payday loans The coalition’s founders included Visa and Campbell Hutchison Stabenow Mastercard, as well as the American Finan- Carnahan Inhofe Stevens simply cannot get loans through tradi- cial Services Association, which represents Carper Jeffords Thomas tional sources because they are too the credit card industry, and the American Chafee Johnson Thompson risky, so a payday loan may be the Bankers Association. Cleland Kyl Thurmond only way they can get quick cash to The Center for Responsive Politics found Cochran Lieberman Torricelli that the coalition’s members contributed Collins Lott Voinovich pay for family emergencies or essential more than $5 million to federal parties and Craig Lugar Warner home and auto repairs. candidates during the 1999–2000 election cam- Crapo McCain I know that the intentions of my DeWine McConnell paign, a 40 percent increase over the last friend from Minnesota are honorable, presidential election. NAYS—35 but the effect of this amendment would The PRESIDING OFFICER. The Akaka Edwards Lincoln be to make it harder for poor people to question is on agreeing to the motion Boxer Feingold Mikulski get the help they need when they need Byrd Feinstein Murray it. So I urge my colleagues to reject to table the amendment of the Senator Cantwell Harkin Nelson (FL) from Illinois, Mr. DURBIN. Clinton Hollings Reed the Wellstone payday amendment. Mr. LEAHY. I ask unanimous con- Conrad Inouye Reid The PRESIDING OFFICER (Mr. sent that I be able to continue for 1 Corzine Kennedy Rockefeller BROWNBACK). The question is on agree- minute, with the same amount of time Daschle Kerry Sarbanes ing to the motion to table amendment Dayton Kohl Schumer for the Senator from Utah, before we Dodd Landrieu Wellstone No. 36, as modified. The yeas and nays go to a vote. Dorgan Leahy Wyden have been ordered. The clerk will call The PRESIDING OFFICER. Without Durbin Levin the roll. objection, it is so ordered. ANSWERED ‘‘PRESENT’’—1 The assistant legislative clerk called Mr. LEAHY. Mr. President, I wish to Fitzgerald the roll. take the time to simply ask the Sen- Mr. FITZGERALD (when his name ator from Utah where we stand on the The motion was agreed to. was called). Present. managers’ package? Are we getting Mr. HATCH. Mr. President, I move to The result was announced—yeas 58, close to that time? We have a number reconsider the vote and I move to lay nays 41, as follows: of items being cleared or have been that motion on the table. [Rollcall Vote No. 28 Leg.] The motion to lay on the table was cleared. I would like to get that taken YEAS—58 care of. I would like to be able to agreed to. Allard Carper Enzi AMENDMENT NO. 36, AS MODIFIED present the managers’ package prior to Allen Chafee Frist the cloture vote. Mr. GRASSLEY. Mr. President, I op- Bennett Cochran Gramm Mr. HATCH. We are working on that, pose the amendment of Senator Bond Collins Grassley but we don’t have it put together yet. WELLSTONE dealing with payday loans. Breaux Craig Gregg Brownback Crapo Hagel I don’t know if we can do that before For people who aren’t familiar with Bunning DeWine Hatch the cloture vote, but we will continue this kind of loan, payday loans occur Burns Domenici Helms to work on it. when a borrower gives a personal check Campbell Ensign Hutchinson S2296 CONGRESSIONAL RECORD — SENATE March 14, 2001 Hutchison Miller Snowe or not we were going to provide some are single and the heads of their house- Inhofe Murkowski Specter Jeffords Nelson (NE) Stabenow protections to the most vulnerable con- holds. We have left out a whole lot of Johnson Nickles Stevens sumers. That amendment failed. people of color and a whole lot of peo- Kyl Reid Thomas My colleague, Senator DURBIN, and ple who are disproportionately among Landrieu Roberts Thompson other colleagues, have come out on the the ranks of working-income and low- Lincoln Santorum Thurmond Lott Sessions Voinovich floor with amendments that have gone income people. Lugar Shelby Warner after predatory practices. They have So I say to Senators, I hope you will McCain Smith (NH) said: Look, let’s give consumers some vote against cloture. This bill does not McConnell Smith (OR) protection. Those amendments—or deserve to go forward. This bill rep- NAYS—41 most of those amendments—have resents the power of the financial serv- Akaka Dayton Leahy failed. ices industry that has marched on Baucus Dodd Levin I had an amendment earlier which Washington every single day for the Bayh Dorgan Lieberman Biden Durbin Mikulski said, look, if you want to go after those last 3 years. And it leaves out ordinary Bingaman Edwards Murray people who are gaming this system, citizens in a very profound and very Boxer Feingold Nelson (FL) fine, but for goodness’ sake, for the 50 harsh way. Senators, please vote Byrd Feinstein Reed percent of the people who are going against cloture. Cantwell Graham Rockefeller Carnahan Harkin Sarbanes under because of medical bills and who The PRESIDING OFFICER. Under Cleland Hollings Schumer find themselves in these difficult cir- the previous order, the majority leader Clinton Inouye Torricelli cumstances, carve out an exemption. or his designee is recognized for up to Conrad Kennedy Wellstone Corzine Kerry Wyden Do not make it so difficult for them to 5 minutes. Daschle Kohl file for chapter 7. Do not make it so Mr. HATCH addressed the Chair. The PRESIDING OFFICER. The Sen- ANSWERED ‘‘PRESENT’’—1 difficult for them to go through this procedure, this procedure, and this pro- ator from Utah. Fitzgerald cedure. Do not put so many hurdles in Mr. HATCH. Mr. President, I hate to The motion to lay on the table was their way. disagree with my friend and colleague agreed to. Bankruptcy is a safety net not just from Minnesota, but he could not be CHANGE OF VOTE for low-income people but for middle- more wrong. This bill actually will do Mr. BIDEN. Parliamentary inquiry, income people. an awful lot of good for people in our Mr. President. There was a front page story the society. I will not go into all the de- The PRESIDING OFFICER. The Sen- other day in the New York Times. The tails on that. All I have to say is that ator from Delaware. headline was: ‘‘Lobbying On Debtor a vote at this stage against cloture is a Mr. BIDEN. Would it be appropriate Bill Pays Dividend.’’ vote against bankruptcy reform. at this time to be able to ask unani- I do not want to get myself in trouble The bill we are voting on is the same mous consent to change my vote on the with people in whom I believe. I do not bill that got 70 votes last year, plus it last tabling motion? It will not affect make a one-to-one correlation such as, includes the Schumer-Hatch violence the outcome of the vote. I intended to for example, the Senator from Utah amendment among a number of other vote with Senator WELLSTONE. I did and the Senator from Iowa; they have Democratic Party amendments. Let me not realize it was a tabling motion. I a different viewpoint. That is why they remind my colleagues, and everyone voted ‘‘aye.’’ I would like to change my have argued for this bill, period. Let’s else who wants bankruptcy reform, vote to ‘‘no.’’ I ask unanimous consent just make that argument and stop that many of those who voted against to do that. there. this bill that passed 70–28 last Decem- The PRESIDING OFFICER. Is there But I will tell you, at an institu- ber said if the Schumer violence lan- objection? tional level, there is a serious problem guage had been included, they would Mr. WELLSTONE. Mr. President, I with this bill. And it is this: When it have voted for it. Well, it is included. will not object. comes to the financial services indus- We have worked that language out. It Mr. BIDEN. I thank my friend. try, the credit card industry, broadly is a shame we have been forced to file The PRESIDING OFFICER. Without defined, big givers, heavy hitters, a cloture after all of the accommoda- objection, it is so ordered. huge and powerful lobbying coalition, tions we have made. I would have pre- (The foregoing tally has been they have way too much access, and ferred not to file cloture, but I believed changed to reflect the above order.) they have way too much say. that was the way we needed to proceed. Mr. HATCH. Mr. President, I move to It is an institutional problem because We have been very fair on this bill. I reconsider the vote and move to lay the people filing for chapter 7, trying hope our colleagues will realize this is that motion on the table. to rebuild their lives because of a a very important bill. It makes very The motion to lay on the table was major medical bill or because they important changes that are needed in agreed to. The PRESIDING OFFICER. Under have lost their job on the Iron Range the bankruptcy laws of this country. the previous order, the Senator from or because there has been a divorce, We have accommodated both sides in Minnesota is recognized for up to 5 they do not have the same clout. They virtually every way we possibly could. minutes. do not have the same economic re- I hope everybody will vote for cloture, The Senator from Minnesota. sources. and let’s get this bill passed and get it Mr. WELLSTONE. Thank you, Mr. Quite frankly, I think this bill is too enacted into law. President. harsh, it is not balanced, it is not just, Is there any time remaining? First of all, I think this vote on the— it is not fair, and there are a whole lot The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- of families in this country who are ator has 3 and a half minutes remain- ator will suspend for a moment. going to pay the price. ing. We will have order in the body. I call on my colleagues to vote Mr. HATCH. Is that all the time that The Senator from Minnesota is rec- against cloture. I know the vast major- is remaining? ognized. ity of Senators will not do so, but I will The PRESIDING OFFICER. The Sen- Mr. WELLSTONE. Mr. President, we tell you, I do not believe by voting for ator from Minnesota has 28 seconds re- really do need order. cloture and then going forward and maining. The PRESIDING OFFICER. We will passing this bankruptcy bill we have Mr. HATCH. We are prepared to yield please have order in the body. Please done the right thing. I think this is back. take your conversations off the floor. good for the credit card industry. It is CLOTURE MOTION We cannot proceed until we have order. good for the financial services indus- The PRESIDING OFFICER. All time Mr. WELLSTONE. I thank the Chair try. But I think we have left out con- is yielded back. Under the previous and thank my colleagues for their sumers. order, the clerk will report the motion courtesy. We have left out a lot of low- and to invoke cloture. Mr. President, we just had a vote moderate- and middle-income people. The assistant legislative clerk read that dealt with payday loans, whether We have left out a lot of women who as follows: March 14, 2001 CONGRESSIONAL RECORD — SENATE S2297 CLOTURE MOTION The assistant legislative clerk pro- fish and game in Alaska. It shows the We the undersigned Senators, in accord- ceeded to call the roll. accuracy of this list. ance with the provisions of rule XXII of the AMENDMENT NO. 19 Other items listed on this ‘‘waste’’ Standing Rules of the Senate, do hereby Mr. LEAHY. Mr. President, I ask move to bring to a close debate on S. 420, an list include runway lights. It so hap- original bill to amend title 11, United States unanimous consent that the order for pens that 80 villages in Alaska have no Code, and for other purposes: the quorum call be rescinded. roads or hospitals. They depend on Trent Lott, Robert F. Bennett, Chuck The PRESIDING OFFICER (Mr. AL- medical evacuation by aircraft when Grassley, Orrin G. Hatch, Susan Col- LARD). Without objection, it is so or- people have babies, suffer a heart at- lins, Pat Roberts, Lincoln Chafee, dered. tack, or have to have medical assist- Strom Thurmond, Frank H. Mur- Mr. LEAHY. Mr. President, what is ance. Those same villages have no run- kowski, Mitch McConnell, Rick the pending business? way lights at all. Santorum, Jeff Sessions, Richard G. The PRESIDING OFFICER. Amend- Lugar, Gordon Smith, George North of the Arctic Circle, the Sun ment No. 19 is pending. Voinovich, and Bill Frist. doesn’t even rise beginning in mid-De- Mr. LEAHY. Mr. President, have the cember until the end of the following The PRESIDING OFFICER. By unan- yeas and nays been ordered on amend- imous consent, the mandatory quorum January, making it impossible for an ment No. 19? evacuation plane to land without call has been waived. The PRESIDING OFFICER. No. lights. In fact, this is a persistent prob- The question is, Is it the sense of the Mr. LEAHY. Is amendment No. 19 lem for us all winter throughout Alas- Senate that debate on S. 420, a bill to germane? ka. After a Native man in Hoonah, AK, amend title 11, United States Code, and The PRESIDING OFFICER. It ap- suffered a heart attack and sat on the for other purposes, shall be brought to pears to be. tarmac for 3 days waiting for medical a close? Mr. LEAHY. I ask for the yeas and evacuation, the mayor wrote to me and The yeas and nays are required under nays. asked for runway lights. We looked the rule. The PRESIDING OFFICER. Is there a into it and found that it was true. I The clerk will call the roll. sufficient second? The legislative clerk called the roll. There is not a sufficient second. really did not realize there were so Mr. FITZGERALD (when his name Mr. GRASSLEY. I suggest the ab- many of these small airports that had was called). Present. sence of a quorum. no lights. The yeas and nays resulted—yeas 80, The PRESIDING OFFICER. The I not only am proud that the Senate nays 19, as follows: clerk will call the roll. acceded to my request for runway [Rollcall Vote No. 29 Leg.] The assistant legislative clerk pro- lights in last year’s appropriations YEAS—80 ceeded to call the roll. bills, I want to put the Senate on no- Akaka Domenici McCain Mr. LEAHY. Mr. President, I ask tice that this year I am going to seek Allard Dorgan McConnell unanimous consent that the order for funds so that every village in Alaska Allen Edwards Mikulski Baucus Ensign Miller the quorum call be rescinded. has runway lights. Under the current Bayh Enzi Murkowski The PRESIDING OFFICER. Without procedure for allocation aid for im- Bennett Feinstein Murray objection, it is so ordered. provement of airports, they are not eli- Biden Frist Nelson (NE) Bingaman Graham Nickles Mr. LEAHY. Mr. President, I know gible. Bond Gramm Reid the Senator from Alaska wishes to I believe if it is wasteful to make Breaux Grassley Roberts speak on his time. I am going to yield sure a woman in hard labor can deliver Brownback Gregg Rockefeller to him in just a second. Bunning Hagel Santorum her baby in a hospital with a doctor at- Burns Hatch Sessions Is my understanding from the Sen- tending, instead of in an airplane hang- Byrd Helms Shelby ator from Iowa correct that it is now in ar with the help of a mechanic, then I Campbell Hollings Smith (NH) order—I realize we are not about to Cantwell Hutchinson Smith (OR) am guilty of asking the Senate for Carnahan Hutchison Snowe vote right now—to get the yeas and pork and proud of the Senate for giving Carper Inhofe Specter nays on this amendment? it to me. Chafee Inouye Stabenow Mr. GRASSLEY. Sure. The Citizens Against Government Cleland Jeffords Stevens Mr. LEAHY. Mr. President, I ask for Cochran Johnson Thomas Waste listed funding to aid in the re- the yeas and nays. Collins Kohl Thompson covery of the endangered stellar sea Conrad Kyl Thurmond The PRESIDING OFFICER. Is there a lion as pork. The Senate and the whole Craig Lieberman Torricelli sufficient second? Congress remember the battle over the Crapo Lincoln Voinovich There appears to be. Daschle Lott Warner sea lion at the end of the last session. DeWine Lugar The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- That issue threatened to shut down the NAYS—19 ator from Alaska is recognized. pollack fishery in Alaska, which sup- Boxer Harkin Reed plies most of the fish for fast food and Clinton Kennedy Sarbanes Mr. STEVENS. Mr. President, I seek time under the time allocated to me frozen products nationwide. The Office Corzine Kerry Schumer of Management and Budget estimated Dayton Landrieu Wellstone under the current procedure in the Dodd Leahy Wyden Senate. the closure of that fishery would cost Durbin Levin the national economy as much as a Feingold Nelson (FL) The PRESIDING OFFICER. The Sen- ator is recognized. half billion dollars annually. By mak- ANSWERED ‘‘PRESENT’’—1 ing a Federal investment to assure f Fitzgerald sound science to protect the sea lions, The PRESIDING OFFICER. On this PORK we will avoid that loss in our fisheries, vote, the yeas are 80, the nays are 19, Mr. STEVENS. Mr. President, today families will not lose their jobs, and and one voted ‘‘present.’’ Three-fifths the Citizens Against Government the Federal Government will continue of the Senators duly chosen and sworn Waste issued their 2001 Pork List. I am to collect corporate and personal in- having voted in the affirmative, the here to discuss that briefly. come taxes far in excess of the money motion is agreed to. Five items on the first page of this we put up to assure sound science is Mr. HATCH. Mr. President, I move to list were requested in the President’s used in addressing that problem. reconsider the vote, and I move to lay budget as part of the Corps of Engi- Likewise, the list includes transpor- that motion on the table. neers regular program, but they are tation vouchers so welfare mothers can The motion to lay on the table was charged to be pork. Those were re- get to their jobs and get off welfare. By agreed to. quested by President Clinton and his making another small investment in Mr. HATCH. I suggest the absence of administration, not by me. Also, $11 public transportation—$60,000 in this a quorum. million listed as pork in the Interior case—women, particularly in the The PRESIDING OFFICER. The Department budget was also requested Matanuska-Susitna Borough in our clerk will call the roll. by the President, not me, to manage State, can work, pay taxes, and save S2298 CONGRESSIONAL RECORD — SENATE March 14, 2001 the Government thousands and thou- than any other State that has such is much safer to drive on those four- sands—hundreds of thousands of dol- parks or wildlife refuges or forests. We lane highways in West Virginia than lars in welfare benefits. If that is pork, have 50 percent of the coastline of the down through the curves and hollows, again I am guilty. United States, and we harvest over 50 and along the deep ravines where one Alaska has the highest rate of alco- percent of the fish that are consumed can’t see up ahead beyond that next holism in the Nation. Alaska is No. 1 in in the United States. We have more curve. child abuse, No. 1 in domestic violence, than half of the Indian tribes in the Let me pay my respect to the Sen- and No. 1 in suicide, particularly United States. I challenge anyone to ator for doing a good job, being a good among young men in the Native vil- look at the dismal record of the execu- Alaskan, and a good representative of lages. Working with our Governor and tive branch in stewardship of either the the people of Alaska. State legislature, and faith-based insti- Natives or these lands or fisheries Mr. STEVENS. I thank the Senator. tutions such as Catholic Charities that areas, and compare that to what we Mr. LEAHY. Will the Senator yield utilize volunteers, and an enormous have done here in the Congress. to the Senator from Vermont? number of volunteers, some of this My amendments last year were not Mr. STEVENS. I am happy to yield. pork brought the Federal Government pork. Not one of them will enrich any Mr. LEAHY. Mr. President, the Sen- in as a partner to address these prob- person or any community. They meet ator from Alaska and the Senator from lems that are persistent in our State. needs in my State. We don’t build tun- Vermont represent, population-wise, Those projects, along with homeless nels under rivers for $8 billion. We two of the smallest States in the shelters, are listed as shameful pork in don’t build sports stadiums with tax Union. There are differences, of course, this list. For me, not addressing these advantages. We are a sovereign State, as the Senator from Alaska represents crying human needs would be what and so long as I am here, we will re- a State greater than much of the conti- would be shameful, and I am ashamed ceive a fair share of Federal spending nental United States. of the people who made the list. in order to meet our needs. I have always thought the genius of Alaska has the highest unemploy- I criticize those who made this list. I the founders of this country, as the ment rate in our Nation. Some commu- wish they would come out and face us. Senator from West Virginia has point- nities have unemployment rates four I will have a hearing, let them come ed out on many occasions, was when times the national unemployment rate and face us. It is high time these people they set up the Senate and they said during the Great Depression. We have who are issuing these lists have some every State will have equal representa- unemployment as high as 80 percent in responsibility. They issue the lists in tion. Vermont has two Senators—not some of our cities and villages. I ad- order to get contributions from our determined by landmass, because if dressed that issue with job training citizens to try to prevent so-called Alaska had two Senators based on programs to help get people off welfare pork. It is not pork at all. It is meeting landmass no other State would have rolls and into productive employment the needs of the people in my State, any Senators. California, larger than where they will pay taxes. That, too, is and I for one am pleased, pleased, very many countries, has two Senators. The listed as pork. pleased that my colleagues have sup- Senate is one place where States are Despite the nationwide shortages of ported my request to meet those needs. equal. nurses, teachers, and pilots, those Mr. BYRD. Will the Senator yield? Frankly, I have never heard the Sen- training programs which we instituted Mr. STEVENS. I will be happy to ator from Alaska—I have served with in our State are listed as pork. In a yield. him for 26 years, and I served with him State where only a handful of commu- Mr. BYRD. Let me thank the Senator on the Appropriations Committee dur- nities have doctors, let alone nurses, from Alaska for being a good servant of ing that time—ask for something for our health needs are tremendous. By his people. He was selected as the Alas- himself, never. I have heard him fight utilizing cost-effective telemedicine for kan of the Century—I believe that was for his own State, the same way I hope our veterans and Native people, we the title, the Alaskan of the Century— I fight for my State, or the Senator offer basic health care services using last year. from West Virginia fights for his State, community health aides in areas that Mr. STEVENS. That is correct. or the Senator from Nevada for his. have no doctors, no clinics, and no hos- Mr. BYRD. He knows the needs of its I point out to those who may be crit- pitals. Those programs, again, are list- people. He knows who sends him here. ical of the Senator from Alaska fight- ed as wasteful, even though they are I welcome the Senator to the club. I ing for Alaska that never has the sen- the most cost-effective programs in the have been in the same boat with the ior Senator from Alaska gone in there country, delivering health care service Senator in many ways, and I have no and sought anything for himself. But to people who are literally hundreds of apologies to make for serving my peo- he has fought for the needs of his miles from the doctors who provide the ple. I know who sends me here. I grew State. Those needs are great. Nobody— care through telemedicine. up in West Virginia when we had only I visited Alaska on several occasions— Alaska, also unfortunately, is failing 4 miles of divide four-lane highway in can possibly conceive of the enormous in educational achievement. In some of the whole State. There were only 4 needs of a State such as Alaska be- our school districts, not only will the miles in the whole State when I was cause of its size and diversity. I think schools receive a failing grade, but not starting out in the West Virginia Leg- of the horrendous winters we some- one of the students in those schools islature. times get in Vermont. They cannot can pass the State exit exam in order I know West Virginia, and what is begin to match what they have in Alas- to graduate. But summer reading pro- one man’s pork is another man’s job. ka. grams that we put in place to address I hope the Senator will just turn the Frankly, I have always been proud to those needs, and similar programs to back of his hand to those who criticize serve with the Senator from Alaska. address the problems of education in a him for helping his people. His people We are of different parties. We are in State that is one-fifth the size of the recognize that he deserves the kind of many areas of different political phi- United States and has such a small award they gave him. I join them. losophies. But I consider him one of the population, all of these things are list- As long as I am here I am going to re- closest friends I have in the Senate. I ed as pork. The criterion seems to be if member the people who sent me here. have been proud to serve with him on President Clinton requested it, it was This money isn’t going overseas. The the Appropriations Committee. not pork. If I requested it or a member money—so-called pork—doesn’t go Mr. STEVENS. Mr. President, I of our committee requested it, it is overseas. It goes to help people in West thank each of the Senators for their pork. Virginia—their schools, their high- comments. The other night someone Our State has 70 percent of the lands ways. People need highways on which asked me how big Alaska really is. We in national parks, 85 percent of the to get to work or just to go to the gro- got out the statistics book and exam- lands in national wildlife refuges, over cery store or go to the schools or to the ined it. I will bet no one present real- one-third of the national forest lands, doctor or to the hospital. Those high- izes that my State is larger than and receives less money for improve- ways I helped to build with that kind Spain, plus France, plus Germany, plus ments and utilization of those lands of ‘‘pork’’ have saved a lot of lives. It Italy. March 14, 2001 CONGRESSIONAL RECORD — SENATE S2299 I would be willing to bet that we send title, but may not be required to disclose in tion by the judge, United States Trustee, the more money to those areas than we the public records in the case the name of trustee, or an auditor under section 603 of spend in Alaska to meet the needs of such minor child. Notwithstanding section the Bankruptcy Reform Act of 2001. Each the Americans who live there. 107(a), the debtor may be required to disclose such judge, United States Trustee, trustee, the name of such minor child in a nonpublic or auditor shall maintain the confidentiality f record maintained by the court. Such non- of the identity of such minor child in the BANKRUPTCY REFORM ACT OF public record shall be available for inspec- nonpublic record.’’. tion by the judge, United States Trustee, the (b) CLERICAL AMENDMENT.—The table of 2001—Continued trustee, or an auditor under section 603 of sections for chapter 1 of title 11, United Mr. STEVENS. Mr. President, under the Bankruptcy Reform Act of 2001. Each States Code, is amended by adding at the end the provisions of rule XXII, I yield the such judge, United States Trustee, trustee, the following: remainder of my hour to the bill’s or auditor shall maintain the confidentiality ‘‘112. Prohibition on disclosure of identity of manager. of the identity of such minor child in the minor children.’’. nonpublic record.’’. The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I ask (b) CLERICAL AMENDMENT.—The table of unanimous consent that it be in order ator has that right. sections for chapter 1 of title 11, United AMENDMENT NO. 20, AS MODIFIED States Code, is amended by adding at the end to ask for the yeas and nays, instead, on amendment No. 41, as modified. The Senator from Vermont. the following: The PRESIDING OFFICER. Appar- Mr. LEAHY. Mr. President, I under- ‘‘112. Prohibition on disclosure of identity of ently, the yeas and nays have already stand we have amendment No. 19, the minor children.’’. Mr. LEAHY. Mr. President, have the been ordered. amendment of the Senator from Mr. LEAHY. I thank the Chair. Vermont, pending. I ask unanimous yeas and nays been ordered on that Mr. GRASSLEY addressed the Chair. consent that amendment No. 20 be amendment? The PRESIDING OFFICER. The Sen- modified by an amendment by myself The PRESIDING OFFICER. The yeas ator from Iowa. and Mr. HATCH. and nays have not been called for. Mr. GRASSLEY. I ask unanimous The PRESIDING OFFICER. Is there Mr. LEAHY. I ask unanimous con- consent, notwithstanding rule XXII, objection? sent that it be in order at this point to that at 12 o’clock noon on Thursday, Mr. LEAHY. Mr. President, I with- ask for the yeas and nays on amend- the Senate proceed to vote in relation hold that for a moment. ment No. 20, as modified. to the pending amendment No. 19; that While we are waiting on that mat- The PRESIDING OFFICER. Is there upon disposition of amendment No. 19, ter—I am surely going to make the re- objection? the Senate vote in relation to amend- quest again—we have my amendment Without objection, it is so ordered. ment No. 41, as modified; that the with the yeas and nays on it. And I un- Mr. LEAHY. I ask for the yeas and amendments now be laid aside; and derstand that the leader would prefer nays. that there be 2 minutes prior to each that votes begin in the morning. I have The PRESIDING OFFICER. Is there a vote for explanation. no objection to the leader stacking sufficient second? The PRESIDING OFFICER. Is there that with other votes to occur in the There is a sufficient second. objection? morning. We have the yeas and nays on The yeas and nays were ordered. Without objection, it is so ordered. it. Mr. LEAHY addressed the Chair. Mr. GRASSLEY. I suggest the ab- I urge, however, that those who have The PRESIDING OFFICER. The Sen- sence of a quorum. germane amendments on our side come ator from Vermont. The PRESIDING OFFICER. The to the floor and offer them, seek the VITIATION OF MODIFICATION clerk will call the roll. yeas and nays, if they wish, and speak Mr. LEAHY. Mr. President, I ask The legislative clerk proceeded to on them tonight. There is no reason unanimous consent to vitiate the ac- call the roll. why we cannot finish this bill some- tion on amendment No. 20. Mr. GRASSLEY. Mr. President, I ask time during the day tomorrow. The PRESIDING OFFICER. Without unanimous consent that the order for Mr. President, there appears to be objection, it is so ordered. the quorum call be rescinded. some difficulty. I was of the under- AMENDMENT NO. 41, AS MODIFIED The PRESIDING OFFICER. Without standing that Senator HATCH wanted Mr. LEAHY. Mr. President, I ask objection, it is so ordered. this modified. I was going to offer that unanimous consent that similar action Mr. GRASSLEY. Mr. President, I ask modification as a courtesy to Senator be now done in relation to amendment unanimous consent that when the Sen- ate resumes consideration of S. 420 at HATCH. I will not offer the modification No. 41; that is, that amendment No. 41 and am perfectly happy to have them be modified on behalf of myself and 9:30 on Thursday, there be 10 hours re- maining under the provisions of rule go ahead and vote on my original Senator HATCH. amendment. The PRESIDING OFFICER. Is there XXII. The PRESIDING OFFICER. Without I yield the floor. objection? objection, it is so ordered. Mr. President, I ask unanimous con- Without objection, it is so ordered. Mr. GRASSLEY. Mr. President, I fur- sent to modify amendment No. 20 on The amendment (No. 41), as modified, ther ask unanimous consent that at behalf of myself and Mr. HATCH. I send is as follows: 9:30 on Thursday, Senator WELLSTONE the modification to the desk. (Purpose: To protect the identify of minor be recognized to offer any of his ger- The PRESIDING OFFICER. Is there children in bankruptcy proceedings) mane amendments, Nos. 69, 70, 71, 72, objection? On page 124, between lines 10 and 11, insert 73, and 74, and time consumed be con- Without objection, it is so ordered. the following: sidered Senator WELLSTONE’s time The amendment (No. 20), as modified, SEC. 233. PROHIBITION ON DISCLOSURE OF IDEN- under the provisions of rule XXII. is as follows: TITY OF MINOR CHILDREN. (a) PROHIBITION.—Chapter 1 of title 11, The PRESIDING OFFICER. Without (Purpose: To protect the identity of minor United States Code, is amended by adding objection, it is so ordered. children in bankruptcy proceedings) after section 111, as added by this Act, the Mr. GRASSLEY. I further ask unani- On page 124, between lines 10 and 11, insert following: mous consent that at 10:30 a.m. on the following: ‘‘§ 112. Prohibition on disclosure of identity of Thursday, Senator KOHL be recognized SEC. 233. PROHIBITION ON DISCLOSURE OF IDEN- minor children in order to call up a filed amendment, TITY OF MINOR CHILDREN. ‘‘In a case under this title, the debtor may No. 68, regarding the homestead provi- (a) PROHIBITION.—Chapter 1 of title 11, be required to provide information regarding United States Code, is amended by adding sion. Further, I ask that there be 90 a minor child involved in matters under this after section 111, as added by this Act, the minutes for debate equally divided in title, but may not be required to disclose in following: the usual form, and that following the the public records in the case the name of debate, the Kohl amendment be tempo- ‘‘§ 112. Prohibition on disclosure of identity of such minor child. Notwithstanding section minor children 107(a), the debtor may be required to disclose rarily set aside with a vote to occur in ‘‘In a case under this title, the debtor may the name of such minor child in a nonpublic relation to the amendment at a time be required to provide information regarding record maintained by the court. Such non- determined by the two managers; fur- a minor child involved in matters under this public record shall be available for inspec- ther, that there be no amendments to S2300 CONGRESSIONAL RECORD — SENATE March 14, 2001 the Kohl amendment in order prior to ell said, indeed, that is what the ad- country has to come to grips at some- the vote. ministration would do, the President time with the realities of the profligate Mr. REID. No objection. and the White House announced they energy policies we are pursuing that The PRESIDING OFFICER. Without would not, and the rug was essentially wind up using extraordinary amounts objection, it is so ordered. pulled out from under Secretary Pow- of resources relative to our population Mr. GRASSLEY. Mr. President, I ell. Now we see the same thing with without the kind of balance necessary suggest the absence of a quorum. Secretary Whitman. She announces to create what is called a sustainable The PRESIDING OFFICER. The that, indeed, she intends to enforce the energy policy, a sustainable environ- clerk will call the roll. President’s campaign promise, and mental policy. The legislative clerk proceeded to many groups around the country wel- I find it also troubling that this one call the roll. comed having a President of the United study, called ‘‘Analysis of Strategies Mr. GRASSLEY. Mr. President, I ask States who was prepared to offer lead- for Reducing Multiple Emissions from unanimous consent that the order for ership and to move us in the right di- Power Plants,’’ is deemed to be some- the quorum call be rescinded. rection. how a new revelation. The study was a The PRESIDING OFFICER. Without Yesterday it became clear, all of a request of the Department of Energy objection, it is so ordered. sudden, that the President was no by former Congressman David f longer interested in doing what he said, McIntosh who, it happens, has been one helping Congress and environmental of the harshest critics of environ- MORNING BUSINESS groups and industry and, apparently, mental protections who has served in Mr. GRASSLEY. Mr. President, I ask even his own EPA Administrator in the Congress. The study is a classic unanimous consent that there now be a that effort. It turns out that the Presi- case of bad information in, bad infor- period for the transaction of morning dent not only does not support it but mation out. Some would call it, with business, with Senators permitted to he opposes it. respect to the technology world, com- speak for up to 10 minutes each. A lot of Americans will have their puters: Garbage in, garbage out. It pur- The PRESIDING OFFICER. Without own judgments about what happens posefully restricts market mecha- objection, it is so ordered. when people run for office and within a nisms, and it assumes highest cost gen- f few months of running for office renege eration. As a result, its conclusions are on the promises they make to the entirely prefixed, preordained to come CLEAN AIR AND GLOBAL American people about why it is they out with an expense factor that does WARMING ought to be elected. In a letter to Sen- not reflect where the technology is, Mr. KERRY. Mr. President, I rise to ator HAGEL and others, the President where the state of the art is, or where make a few remarks about the rather said: the realities are economically. stunning announcement we read this I do not believe that the government I recommend that the President re- morning on the front page of a number should impose on power plants mandatory view a series of other economic anal- of newspapers about President Bush’s emissions reductions for carbon dioxide, yses that embrace market mechanisms, reversal of a campaign promise he which is not a pollutant under the Clean Air that reflect real costs, and other kinds made with great clarity in the course Act. of environmental protections. This in- of the last year. That is the reversal of The White House has offered expla- cludes a different and more recent a very clear promise by the President nations for the President’s flipflop by study by the Department of Energy to support efforts to reduce pollution, saying that the President did not un- that concludes that a multipollutant particularly carbon dioxide emissions derstand that carbon dioxide emissions approach can reduce pollutions from from powerplants in this country. from powerplants is currently not reg- large generators with net savings to On the campaign trail last year, ulated. Therefore, his pledge was mis- the consumer. then-candidate Bush made clear his informed, and the mistake. I am not someone who comes to the support for legislation to reduce nitro- With all due respect, I find that floor as an environmentalist and sug- gen oxide, sulfur dioxide, mercury, and statement to be an inadequate expla- gests that the environmental move- carbon dioxide from powerplants, the nation, not so much because the Presi- ment has not on occasion pressed for a so-called four pollutants. There has dent didn’t know the current imple- solution that may, in fact, demand too been a great deal of science, a great mentation requirements of the Clean much too quickly, or sometimes, I deal of research done over these last Air Act but because, despite that lack agree, we have environmental rules years with respect to the impact of of awareness, he proceeded to make that are not even thoughtfully applied. these pollutants on the quality of our such a sweeping promise to the Amer- There are times when we require of life on this planet. ican people and to allow his EPA Ad- small businesses the same meeting of On September 29, 2000, President ministrator to continue that promise standards as we require for large busi- Bush could not have been more clear. for a few weeks while in office. nesses. It obviously does not make He said: The second reason for the President’s sense to the economies of scale or the With the help of Congress, environmental reversal, the White House claims, is a gains or the capacities of those busi- groups and industry, we will require all pow- ‘‘new’’ study by the Department of En- nesses to perform. erplants to meet clean air standards in order ergy that concludes that the cost of en- I readily accept the notion that there to reduce emissions of sulfur dioxide, nitro- vironmental protections is too great. are some places that we can do better, gen oxide, mercury and carbon dioxide with- Let me underscore that: The cost of en- there are some ways in which we can in a reasonable period of time. vironmental protections is too great. harness the energy of the marketplace Only 10 days ago, EPA Administrator I don’t think that analysis properly and use market forces to find solu- Christie Whitman reaffirmed the Presi- balances the many different variables tions. I believe Republican and Demo- dent’s position that he would support in how you arrive at the true cost be- crat alike in past administrations have and seek legislation to cut global cause that cost has to be balanced, not been negligent in being creative about warming pollution from powerplants. just based on the exact cost of putting reaching out to the private sector and This is the second time in 2 weeks in the implementing technology, you putting the private sector at the table that a policy announcement by a Sec- also have to measure the downside cost and asking the private sector for ways retary in the Bush administration has to the United States of America, in- in which we could do things with least been reversed by the White House only deed to the globe, for not taking the cost, least regulation, least intrusive- a few days after that policy announce- kinds of steps we need to take. ness from Washington, and harness the ment was made. I am referring to the Our country, I regret to say, has been energy of the marketplace in finding prior policy announcement made by the largest emitter in the world, grow- some of these solutions. Secretary Powell with respect to the ing at the fastest rate in the world in Regrettably, even when that has hap- efforts to renew negotiations left off by terms of energy use, and the least re- pened, when companies have stepped the Clinton administration with North sponsive in terms of the steps we forward and shown that there are Korea. Two days after Secretary Pow- should be taking to deal with this. This cheaper ways of doing things, we now March 14, 2001 CONGRESSIONAL RECORD — SENATE S2301 see the President embracing a study 2 months. Permafrost in Alaska and Si- to rest charges that satellite data contra- that reflects none of that creativity beria is defying its name by thawing. dicted land-based data. and none of that capacity on the part Ocean temperatures throughout the December 1999, ‘‘Arctic Melting Al- of the private sector. world are rising, and a quarter of the most Certainly The Result of Pollu- Let me be very specific about that. A world’s reefs have been bleached. tion.’’ number of companies have stepped for- The scientific evidence that pollution A computer-based study by the University ward to embrace the four pollutant ap- is dangerously altering the atmosphere of Maryland and NASA’s Goddard Space proach I am talking about. They in- is becoming more compelling as each Flight Center finds less than a 2 percent clude Consolidated Edison, PG&E, year passes. This is peer-reviewed, hard chance that observed melting of Arctic sea ice is the result of normal climatic vari- Northeast Utilities, PECO, and others. science—reviewed science from the ations—and less than a 0.1 percent chance These companies have found a way to best researchers in the world. I believe that melting over the last 46 years is the re- embrace a four pollutant reduction it is compelling and it demands action. sult of normal variations. Arctic sea ice is strategy and do so in a way that bene- In January of 2000, the Intergovern- melting at a rate of 14,000 square miles per fits their company’s bottom line and mental Panel on Climate Change re- year, an area larger than Maryland and Dela- also benefit the consumers at the same leased its third assessment report. The ware combined. Melting of arctic ice acceler- time. IPCC involves thousands of scientists ates global warming, since ice reflects 80 per- I want to put this in a context, if I from around the world and many of the cent of solar energy back into space and water absorbs solar energy. Meanwhile, the may. Why is this so important to our very best American scientists. It was melting of arctic ice could disrupt ocean cur- country and to the concerns we have organized in the early nineties by rents and salinity levels. about global warming and about pol- President Bush to assist governments June 1999, ‘‘Greenhouse Gases Higher lutants in the air and the quality of in assessing the state of the global cli- Now Than Any Time In 420,000 Years.’’ life? I don’t know a thoughtful Repub- mate and what threat pollution may or A two-mile-long ice core drilled out of an lican or Democrat who doesn’t under- may not pose to it. Antarctic ice sheet shows that levels of heat- stand the linkage of some of the things This January, the IPCC released its trapping greenhouse gases are higher now we emit into the air and water in var- strongest, most conclusive and most than at any time in the past 420,000 years. ious forms of pollution, which have a alarming assessment of the global cli- Scientists with the National Center for Sci- terrible impact on the lives of our fel- mate. It warned that rising tempera- entific Research in Grenoble, France, find low citizens. tures are attributable to human activi- that carbon dioxide levels rose from about The country has been treated to a 180 parts per million during ice ages to 280– ties; that temperatures may rise at a 300 parts per million in warm periods—far couple of movies recently that showed far faster rate than previously ex- below the current CO2 concentration of 360 what happens when you have that kind pected—as high as 10.4 degrees over the parts per million. Methane levels, mean- of pollution taking place—the impact next 100 years—and that the con- while, rose from 320–350 parts per billion dur- of it on the lives of our fellow citizens. sequences will be adverse and far ing ice ages to 650–770 parts per billion dur- I had the privilege of attending, as an reaching. The potential consequences ing the warm spells. The current methane official observer for the Senate, the include droughts, floods, rising seas, concentration is about 1,700 parts per billion. discussions in Rio when President the displacement of tens of millions of April 1998, ‘‘20th Century Was The Bush’s father was President in 1992— people living in coastal areas, and the Warmest In 600 Years.’’ the Earth Summit, when the United massive die of plant and animal spe- Based on annual growth rings in trees and States said we would try to hold our- cies. chemical evidence contained in marine fos- selves to the emissions baseline of 1990 The chair of IPCC, Dr. Robert Wat- sils, corals and ancient ice, scientists at the University of Massachusetts at Amherst find levels. We never took the steps nec- son, put it his way: that the 20th century was the warmest in 600 essary to live up to that voluntarily We see changes in climate, we believe we years, and that 1990, 1995 and 1997 were the agreed-upon goal. Since then, I have humans are involved, and we’re projecting warmest years in all of the 600-year period. been to Kyoto, to The Hague, and Bue- future climate changes more significant over Scientist conclude that the warming ‘‘ap- nos Aires, in each place where global the next 100 years than the last 100 years. pears to be closely tied to emission of green- negotiations were taking place, where And the IPCC report is only the lat- house gases by humans and not any of the Presidents and prime ministers and en- est in a body of science that demands natural factors,’’ such as solar radiation and vironmental ministers and financial action. volcanic haze. ministers were all struggling together October 2000, ‘‘Coral Reefs Dying; January 1998, ‘‘Changes May Happen to find a way to reduce emissions. In Most May Be Dead In 20 Years.’’ Quickly With A Climate Shock.’’ every one of those discussions, all of Addressing the International the Coral A University of Rhode Island study of ice the less developed countries, and our Reef Symposium on the island of Bali, re- cores from Greenland shows that when the European partners, looked at the searchers warn that more than a quarter of last ice age ended, the change was sudden. In Greenland, a 9 to 18 degree F increase in United States of America as a culprit, the world’s coral reefs have been destroyed and remaining reefs could be dead in 20 temperatures probably took place in less as the problem, because we weren’t years. The most serious threat to the reefs is than a decade. The finding challenges the willing to embrace some of the steps global warming. Coral reefs are crucial an- widespread assumption that climate changes they were taking, or were prepared to chors for marine ecosystems, and more than are in all cases gradual, and suggests that take, in order to enter a global solu- a half billion people depend on reefs for their human-induced climate change could occur tion that has an impact on all of us. livelihood, researchers at the conference say. rapidly rather than slowly. I say to my colleagues, I am not talk- March 2000, ‘‘NOAA Finds Oceans I could go on; the science is compel- ing about politics, I am talking about Warming.’’ ling. facts—scientific facts. Just recently, Scientists at the National Oceanographic I committed to finding a solution to 2,500-plus scientists at the United Na- Data Center find that the world’s oceans the problem of global warming. Some tions, through the IPCC, released in- have soaked up much of the warming of the of my colleagues—and now the Presi- creased data regarding our status with last four decades, delaying its full effect on dent—have charged that dealing with respect to global warming. air temperatures. Scientists speculate that this problem will bankrupt the Amer- The decade of the 1990s was the hot- perhaps half of human-caused climate ican economy. I disagree. I believe that test decade in all of human history. change is not yet in evidence in the form of America can have a strong economy higher air temperatures, because of the delay and a healthy environment. Fortu- The glaciers on five continents are re- caused by oceans. ceding at record rates. One thousand nately, more and more companies are January 2000, ‘‘NAS Concludes Warm- square miles of the Larsen ice shelf in stepping forward to solve this problem ing Is ‘Undoubtedly Real.’’’ Antarctic has collapsed into the ocean. and lead the way where government Arctic sea ice has thinned by 40 percent A study by the National Research Council won’t. BP will reduce its emission to 10 of the National Academy of Sciences con- percent below its 1990 levels by 2010. in only 20 years. cludes that the warming of the Earth’s sur- For the first time, boats are tra- face is ‘‘undoubtedly real’’ and that surface Polaroid will cut its emissions to 20 versing the Canadian Arctic without temperatures in the last two decades have percent below 1994 levels by 2005. John- hitting ice pack. What used to take 2 risen at a rate substantially greater than the son & Johnson will reduce its emis- years as a journey has now taken only average for the past 100 years. This study put sions to 7 percent below 1990 levels by S2302 CONGRESSIONAL RECORD — SENATE March 14, 2001 2010. IBM will cut emissions by 4 per- and political self-interest as they do cent influx of immigrants. Recent stud- cent each year till 2004 based on 1994 for environmental concerns, but, none- ies show that where quality education emissions. And, Shell International, theless, our paltry environmental programs are joined with community- DuPont, Suncor Energy Inc., Ontario record at home lends dangerous credi- based services, immigrants have an in- Power Generation have all made simi- bility to their charge, and that makes creased opportunity to become an inte- lar commitments. the work of our negotiators all more gral part of their community and their All the dire predictions of economic difficult. Moreover our inaction has an children are better prepared to achieve calamity from entrenched polluters equally dangerous practical effect. success in school. just is not credible when leading com- Every year we fail to act, our environ- The Georgia Project has provided an panies are doing exactly what they say mental goals become more difficult to innovative solution to the needs of cannot be done. We know the power of achieve. northwest Georgia. This is a teacher technology to transform an industry— Mr. President, it is early in this Con- exchange program which brings bilin- just look at the impact of technology gress and even earlier in President gual teachers from Mexico to provide on information and medicine—and Bush’s new administration. I remain language instruction to all Dalton/ technology and innovation can trans- hopeful, but being hopeful is becoming Whitfield students. In addition, the form how we produce and use energy. increasingly difficult, particularly program also sponsors a Summer Insti- President Bush’s reversal will also today. President Bush has rejected a tute which provides Dalton/Whitfield weigh heavily on the international policy that can work, that can benefit teachers with the opportunity to study talks to fight global warming. As a the environment and the nation. He did Mexican culture and history and the Senate observer to the talks, I have it really before the debate even started. Spanish language in Monterrey, Mex- seen firsthand how America’s inaction And he broke the most important cam- ico. has prevented progress. In 1992 the U.S. paign pledge he made regarding the en- The driving force behind this endeav- pledged to reduce its greenhouse gas vironment. And it took him less than or has been the creative efforts of emissions to 1990 levels by 2000 through two months to do it. Erwin Mitchell. His dedication to pub- the strictly voluntary Framework Con- Let me just say that I wanted to re- lic service and fairness was evident vention on Climate Change. We will view for my colleagues—and I hope during his days as a Member of the miss that goal and end the year with some will perhaps take an interest in House of Representatives. This same emissions 13 percent above 1990 levels. reviewing these other assessments—a dedication and spirit of duty were the Our failure goes beyond numbers number of major assessments of the guiding forces behind the award-win- alone. In the past eight years, we have negative impact on crops, on quality of ning Georgia Project. As the master- not taken a single meaningful step to- health, on sea life, on major areas that mind behind the Georgia Project, ward our commitment. We have not should be of enormous concern to all of Erwin Mitchell’s efforts have been con- seized opportunities to increase effi- us, not as Republicans and Democrats, firmed by the rising test scores of Dal- ciency and reduce pollution from auto- but as thinking U.S. Senators. I don’t ton/Whitfield students on the Iowa mobiles, appliances, electric utilities, want to approach this in a doctrinaire Test of Basic Skills. His work has re- housing, commercial buildings, indus- way, but I know that we have a respon- cently been recognized by both the Na- try or transportation. Nor have we pro- sibility to contribute our part to a tional Education Association, NEA, vided sufficient economic incentives major solution and reduction in global and the National Association for Bilin- for the development and proliferation greenhouse gases, as well as to con- gual Education, NABE. The NEA has of solar, wind, hydrogen and other tribute to the better quality and health selected him to receive the NEA’s 2001 clean energy technologies. A range of of our citizens. George I. Sanchez Memorial Award for sound proposals have been floated in This decision by the President which, his ‘‘exemplary contributions in the Congress, but almost all have been rel- once again, gives increased power to area of human and civil rights.’’ NABE egated to the legislative scrap heap. the large energy interests of the coun- has named him the 2001 Citizen of the Instead, Congress has enacted budget try is the wrong decision for our Na- Year for his ‘‘efforts in shaping a suc- riders to keep us mired in the tion and the wrong decision in the long cessful future for America’s students.’’ unsustainable status quo. An unwise run for creating the sustainable envi- This wave of immigration is not lim- mix of politics and special interests has ronmental approach. My hope is that ited to Georgia alone. For example, the produced laws prohibiting the govern- my colleagues and the administration Waterloo, IA, school system is being ment from even studying the efficacy itself will review and come up with an challenged to teach 400 Bosnian refugee of strengthening efficiency standards approach that will better serve the in- children who came here without know- for cars and light trucks, laws blocking terests of our Nation. ing our language, culture or customs. stronger efficiency standards for appli- f Schools in Wausau, WI, are filled with ances, and laws hampering energy and Asian children wanting to achieve suc- environmental programs because, their ERWIN MITCHELL AND THE cess in the United States. In Wayne sponsors mistakenly argue, these pro- GEORGIA PROJECT County, MI, 34 percent of the student grams represent an unconstitutional Mr. CLELAND. Mr. President, on population are Arabic-speaking and re- implementation of the unratified March 7, 2001, the Washington Post re- ceive special help. According to the Kyoto Protocol. ported that the recent census indicates U.S. Census Bureau, the recently ar- This regressive record is fatal to the a 60-percent growth in our Nation’s rived immigrant and refugee popu- international effort. It heightens dis- Hispanic population, which now totals lation living here today will account trust, undermines the credibility essen- 35.3 million. Georgia has also been wit- for 75 percent of the total U.S. popu- tial to success, and gives opening to ness to this growth. In 1991 the His- lation growth over the next 50 years. our sharpest critics to seek advantage. panic student population in Dalton, This growth is occurring in places like For example, the U.S. has insisted that GA, was only 4 percent and now 10 New York, Los Angeles, and Miami, unrestricted, international emissions years later, Hispanic enrollment in but also in nontraditional immigrant trading be part of the global warming Dalton public schools has skyrocketed communities like Gainesville, GA, and pact. Trading is a proven method to to 51 percent. The data from the 1999– Fremont County, ID. Innovative pro- achieve greater environmental benefits 2000 school year show that 45 percent of grams are being offered across the at lower costs; it has halved the cost students in Dalton and 13 percent in country to help accommodate these and accelerated the environmental Whitfield County are Spanish speaking. populations, which is why I have once gains of Clean Air Act. But European There are children of hard-working again introduced the Immigrants to nations—led by Germany and France— families who are an important part of New Americans Act. This legislation charge the trading program must be se- the Dalton community. Accordingly, will create a competitive grant pro- verely restricted or it will become a business and community leaders in gram within the Department of Edu- loophole by which the U.S. will avoid that north Georgia community recog- cation that funds model programs, domestic action. They make that nize the need for innovative and com- which, one, help immigrant children to charge as much for reasons of economic prehensive solutions to address the re- succeed in America’s classrooms and, March 14, 2001 CONGRESSIONAL RECORD — SENATE S2303 two, help their families access commu- tomatoes, pumpkins, corn, and more. During Noble: Andrew Pasquali; Posey: Tracie nity services such as job training, geography class, Jean learned that Indiana is Johnson; Ripley: Jennifer Prickel and Jer- transportation, counseling, and child a leading importer to Canada and that Can- emy Borgman; St. Joseph: Daniel Seitz and care. ada depends on the Hoosier fields. After get- Megan Spillman; Starke: John Gibson and ting off the school bus, he raced towards the Sonya Crouch; Vanderburgh: Mark Turpin; Our country’s diversity is growing television only to turn on the weather sta- Vermillion: Marvin Woolwine and Kelli and it is vital for us to support success- tion; he had finally realized that Indiana Knight; Wabash: Matt Street and Mandy ful programs like the Georgia Project food and weather played a critical role in his Renbarger; Warrick: John Michel and Erika that address the needs of changing daily life. Downey; Washington: Ryan Satterfield and communities. Ashley Ingram; Wayne: Nick Kerschner and ∑ f EATING AROUND THE WORLD FROM HOOSIER Anne Hamilton. FARMS ADDITIONAL STATEMENTS (By Michelle Kennedy, Jasper County) f As an eighth grade student from the coun- TRIBUTE TO HOOSIER ESSAY try of Japan, I enjoy many American prod- NORTH GEORGIA COLLEGE AND ucts. My day starts early in the morning. As STATE UNIVERSITY CONTEST WINNERS I prepare for my school day I usually have ∑ Mr. LUGAR, Mr. President, I rise breakfast which might include eggs and sau- ∑ Mr. MILLER. Mr. President, I would today to congratulate a group of young sage from Indiana farms. Grains from Indi- like to take this opportunity to recog- Indiana students who have shown great ana farms are imported so we might enjoy nize the achievements of the Blue educative achievement. I would like to cereals, breads, and pastries. Ridge Rifles and Color Guard of North bring to the attention of my colleagues Japan does not have the space available for Georgia College and State University, farmground or livestock operations. What we the winners of the 2000–2001 Eighth have are very small farms. Indiana grains who recently placed first overall at the Grade Youth Essay Contest which I and livestock products are very important to 29th annual Tulane Naval ROTC Mardi sponsored in association with the Indi- us. We grow much rice but, other products Gras Invitational Drill Meet in New Or- ana Farm Bureau and Bank One of In- such as pork, beef, and poultry are needed to leans, LA. diana. These students have displayed compliment our rice industry. The North Georgia College and State strong writing abilities and have prov- After a day of school I might stroll University is one of six 4-year military en themselves to be outstanding young through the open markets in our city. These colleges in the United States. Since its Hoosier scholars. I submit their names market places have fruits and vegetables from the Hoosier farms. In Japan we are al- inception in 1873, NGCSU’s military for the CONGRESSIONAL RECORD because ways studying new technology. We are very college has been renowned for its abil- they demonstrate the capabilities of interested in by-products of Indiana farmers. ity to produce exceptional officers in today’s students and are fine represent- Many things I use at school are by-prod- all service branches. This skill has re- atives of our Nation. ucts of American farms. Soy ink and soy sulted in many performance champion- This year, Hoosier students wrote on crayons are by-products of Indiana soybeans. ships, including 12 titles from the the theme, ‘‘Eating Around the World It is important for countries in the world to Mardi Gras Drill Meet. From Hoosier Farms.’’ I would like to be able to trade with one another. We are all The Mardi Gras Invitational Drill dependant upon each other. submit for the RECORD the winning es- Japan buys 8.9 billion dollars of United Meet draws teams representing the says of John Leer of Hamilton County, States Agriculture products each year. Indi- service academies, senior and junior and Michelle Kennedy of Jasper Coun- ana agriculture plays a big part in this. military colleges, and reserve officer ty. As State winners of the Youth training corps programs at civilian col- Essay Contest, these two outstanding 2000–2001 DISTRICT ESSAY WINNERS leges and universities. The Blue Ridge students are being recognized on Fri- District 1: Christoper Wacnik (Lake Coun- Rifles and the Color Guard of NGCSU day, March 16, 2001 during a visit to our ty) and Megan Spillman (St. Joseph County). have exhibited consistently excellent Nation’s Capitol. District 2: Andrew Pasquali (Noble County) performances at the Mardi Gras Invita- The essays are as follows: and Natalie Rummel (Elkhart County). tional. This tradition continued with District 3: Mitchell Swan (Jasper County) EATING AROUND THE WORLD FROM HOOSIER the most recent Mardi Gras Invitation FARMS and Michelle Kennedy (Jasper County). District 4: Jacob Little (Jay County) and Drill Meet, held on February 23, 2001, (By John Leer, Hamilton County) Janna Rines (Jay County). where the NGCSU cadets competed Jean woke up on a crisp, Canadian morn- District 5: Tyler Smith (Hendricks County) against 42 military drill teams from ing to the smell of moist hot cakes baking and Laura Trust (Morgan County). colleges and universities throughout on the skillet; to accent the hot cakes, District 6: John Leer (Hamilton County) the United States. The Blue Ridge Ri- Jean’s mother had prepared apple compote and Jeri Boone (Hamilton County). fles, under the command of Cadet Cap- with sweet brown sugar. Fresh sausage pat- District 7: Kegan Knust (Clay County) and ties were succulently sizzling in their own tain Phillip Pelphry and Cadet Master Nicole Dike (Knox County). Sergeant Zachary Poole, received first oils and grease. On this particular morning, District 8: Carson Ritz (Franklin County) Jean thought to himself of the rich Canadian and Erin Rauch (Franklin County). place in platoon basic drill, second culture this meal represented. To his own District 9: John Michel (Warrick County) place in squad drill, and first place in dismay, however, his mother told him most and Michelle Jochim (Gibson County). platoon exhibition drill. The North of the ingredients used had come from the District 10: Max Muhoray (Jefferson Coun- Georgia College and State University farms of Indiana. ty) and Jennifer Prickel (Ripley County). Color Guard, under the command of After looking deeper into the issue, Jean too realized that most of his food had origi- 2000–2001 COUNTY ESSAY WINNERS Cadet Captain Chris Rivers, received nated in the Midwest and especially in Indi- Benton: Jesse Becker and Carolyn first place in the color guard competi- ana. If something were to happen to the Jenkinson; Cass: John Workman and Julie tion. farms of Indiana, he would be devastated. He Richardson; Clay: Kegan Knust and Nicole I would like to recognize the fol- would miss the grain used in the bread, all of Hayes; Delaware: Cais Hasan and Aleisha lowing cadets for their fine representa- the pork and beef, and even the chilled glass Fetters; Elkhart: Natalie Rummel; Fayette: tion of North Georgia College and of milk used to wash down a chocolate chip Sarah King; Franklin: Carson Ritz and Erin State University and of the entire Rauch; Fulton: Thomas Landis and Alicia cookie. state of Georgia. Then, Jean went outside to accomplish his Long; Gibson: Michelle Jochim; Greene: Alex daily, morning chores of feeding the oxen Weathers and Jessica Chaney; Hamilton: The Blue Ridge Rifle Team: Joseph and cleaning their stalls; he noticed that in John Leer and Jeri Boone. Byerly; Gregg Carey; Joshua Carvalho; bold letters the sack said the feed was made Hendricks: Tyler Smith; Jackson: Kim Josh Clemmons; Byron Davison; John in Indiana. The idea that his entire daily Meier; Jasper: Mitchell Swan and Michelle Filiatreau; Kurt Fricton; Jason How- routine depended on a successful yield from Kennedy; Jay: Jacob Little and Janna Rines; ard; Joseph Marty; Phillip Pelphry; Hoosier farms scared him; if a long drought Jefferson: Max Muhoray and Amanda Sim- Jason Pon; Zachary Poole; Jason began or a downfall of water occurred, he mons; Jennings: Wayne Carmickle and An- Ryncarz; Jonathan Sellars; Benjamin would not be eating hot cakes or drinking drea Webster; Knox: Josh Anthis and Nicole milk very much longer. The Hoosier farmer Dike; Lake: Christopher Wacnik and Sisk; Jeffrey Wagner; Zachary Zeis; was invaluable to him. Aubrette Marie Biegel; Marion: Ben Camp- and The Color Guard Team: Colin Throughout the day he noticed more foods bell and Fatima Patino; Martin: Nicole Arms; Peter Bender; Kyle Harvey; of his daily diet grown in Indiana: melons, Lengacher; Morgan: Laura Trusty. Ernesto Johnson and Chris Rivers.∑ S2304 CONGRESSIONAL RECORD — SENATE March 14, 2001 TRIBUTE TO ELIZABETH ROBERT who she is, and she knew it. She comes from day, whatever it is. They can bail him out at ∑ several generations of highly accomplished the last minute with a gift that costs about Mr. LEAHY. Mr. President, I want to women. Her grandmother emigrated from the same as a nice bouquet of flowers but congratulate Elizabeth Robert, a grad- Armenia to Paris, where she worked in the lasts a lot longer and is more personal. uate of Middlebury College and the laboratory of Mme. Marie Curie and later, In fiscal 1998, VTB reported a net loss of $2 University of Vermont, for her success according to Robert, became the first female million. Thanks to ‘‘Late Jack,’’ in fiscal in transforming the struggling pediatrician in Geneva. In the early 1940s, 2000 company books showed sales of $33 mil- Vermont Teddy Bear Company into a Robert’s mother was working as a photo edi- lion, with a profit of $3.7 million. At the mo- highly profitable e-business. tor at Time-Life Inc. ‘‘I grew up in a house- ment, Elizabeth Robert is pretty much where Ms. Robert joined the Vermont hold where everything was possible,’’ she she wanted to be. Teddy Bear Company as its Chief Fi- says. ‘‘I am now a captain of industry,’’ she says. A Middlebury College alumna, class of 1978, The remark is candid, not boastful. ‘‘I’m not nancial Officer in 1995 and only two she married English professor Bob Hill in at the end of my career by any means, but I years later rose to the position of Chief 1980, then had her first child 10 days before don’t see the need to move on at this Executive Officer. In 1997, profits at entering graduate school at the University of point.’’∑ Vermont Teddy Bear Company were Vermont. They have since divorced. With an f way down and the future was bleak. MBA in hand, she worked at all sorts of jobs Now, only three years later, sales are for the next few years: at Vermont Gas Sys- TRIBUTE TO GENE CONNOLLY up 50 percent and the company boasts tems, as a financial consultant, and as cam- paign manager for Louise McCarren’s 1990 ∑ Mr. SMITH of New Hampshire. Mr. more than $22 million in annual sales. run for lieutenant governor. It was President, I rise today to honor Gene This spectacular turnaround was spear- McCarren, now president of Verizon in Connolly of Windham, NH, for being headed by Elizabeth Robert, who har- Vermont, who pointed out the obvious to recognized as the ‘‘2001 Principal of the nessed the power of the Internet to her. Year’’ by the New Hampshire Associa- transform the Teddy Bear Company ‘‘She told me that I wanted to be a captain tion of Principals. of industry . . . and she was exactly right,’’ into a successful Bear-Gram gift deliv- Gene has been the principal of Gil- ery service. The company’s website is says Robert of her mentor. ‘‘I had been learning, accumulating a skill set with unde- bert H. Hood Middle School in Derry, http://store.yahoo.com/vtbear/. fined purpose. Now I knew what the purpose NH, for the past six years and has fo- Recently, The Rutland Herald and was.’’ cused on the needs of the students as The Times Argus, featured Ms. Robert She leapt into her future by signing on as his most important priority. He is an as a ‘‘captain of industry.’’ I ask that chief financial officer with a high-tech start- inspirational leader whose vision offers the full text of the Rutland Herald/ up in Williston, Air Mouse Remote Controls. a focus for the child-centered cur- Times Argus article of March 11, 2001, ‘‘We were constantly groveling for money, constantly short of cash,’’ she recalls. If it riculum which provides opportunities titled ‘‘Elizabeth Robert: A ‘captain of for everyone. The teachers who work industry’ bears watching’’ be printed in didn’t seem to be a blessing at the time, ‘‘all that experience would be relevant to me with Gene feel valued and challenged the RECORD. when I got to Vermont Teddy Bear.’’ by his leadership. Liz’s success is a shining example for Robert’s success at VTB has made her A graduate of Springfield College, all Vermonter business leaders to fol- much in demand as a speaker, especially Gene received a Bachelor of Science de- low. By taking advantage of the new when the subject is business strategizing. In- gree in Physical Education. He later markets offered by the Internet and de- vited to address a UVM graduate class last earned a Masters of Education degree veloping a sharply focused business fall, she immediately turns the tables on her students. ‘‘What business is Vermont Teddy from Notre Dame College and is a Doc- plan, the Vermont Teddy Bear Com- toral candidate in Leadership at the pany has doubled its sales and signifi- Bear in?’’ she asks them. (Hint: The correct answer is not ‘‘selling teddy bears.’’) University of Massachusetts. cantly expanded its customer base. ‘‘We are in the Bear-Gram gift delivery Gene is a school district negotiator Last year, I invited Liz Robert to be service,’’ she informs them after a few prof- and member of the negotiating team the keynote speaker at my annual fer hesitant guesses. ‘‘We are delivering a for Derry, NH. In service to his commu- Women’s Economic Opportunity Con- highly personalized message, and one that nity, Gene also coached AAU Youth ference in Vermont. Ms. Robert shared can be changed right up to the last minute.’’ Are Vermont Teddy Bears expensive? Yes, Basketball and the Windham Youth her personal story with hundreds of Basketball League. women who attended the conference partly because they are exclusively made in America, which costs more than making Gene is a tribute to his community and encouraged each of them to follow them overseas. But then VTB isn’t selling and profession. It is an honor and a their dreams. As an incredibly success- toys for kids. ‘‘You can’t sell the Lover Boy privilege to represent him in the ful businesswoman and the mother of bear off the retail shelf for $65 or $75 even on United States Senate.∑ two teen-aged daughters, she is an in- Madison Avenue,’’ explains Robert, ‘‘but you spiration for all of us. My wife, can sell them for $85 if you guarantee deliv- f Marcelle, and I were proud to be there ery the next day and sell them with an em- TRIBUTE TO PAMELA ILG with her. broidered shirt and a personal message tran- scribed by a bear counselor.’’ ∑ Mr. SMITH of New Hampshire. Mr. ELIZABETH ROBERT: A ‘‘CAPTAIN OF She settles into the story of VTB’s decline President, I rise today to honor Pamela INDUSTRY’’ BEARS WATCHING into—and resurrection from—bankruptcy Ilg of New Boston, NH, for being recog- (By Sally West Johnson) with the confidence born of success. It is a nized as the ‘‘2001 Assistant Principal Elizabeth Robert is nothing like her prod- classic tale of a company getting too big, too of the Year’’ by the New Hampshire As- uct. This woman, who took over the floun- fast. ‘‘We went from revenues of $300,000 in dering Vermont Teddy Bear Co. and returned 1990 to $20 million in 1994,’’ she recounts. But sociation of Principals. it to solvency, exudes a cool, angular self- after an IPO in late 1993, ‘‘the company hit Pamela serves as Assistant Principal confidence that is not a bit like the warm the wall. We were spending huge amounts of and Vocational Director at Concord and cuddly personae of her stuffed bears. money: We were advertising on Rush High School in Concord, NH. She has A wiry, athletic 45-year-old, Robert has Limbaugh for $1 million a year; we spent $8.1 created a caring, supportive and ac- been with Vermont Teddy Bear since 1995, million on the new building (in Shelburne).’’ countable environment with high ex- when she signed on as chief financial officer In some ways, the financial crisis was rel- pectations for students and staff. A in what was already a financially troubled atively easy to manage: ‘‘When there is no time. The charm of founder John Sortino’s money,’’ she notes, ‘‘the answer is always strong leader, Pamela possesses an ex- bear-peddling pushcart operation on Church ‘no.’’’ With Robert’s modified, and sharply ceptional ability working with people. Street in Burlington had long since worn focused, sales strategies, the company began A graduate of the University of Low- thin; his successor, Patrick Burns, ‘‘took us to come back. A hugely successful Valen- ell, Pamela earned Bachelor of Arts de- on a trip down teddy-bear lane,’’ says Rob- tine’s Day in 1998 liquidated the old inven- grees in English and Social Studies. ert, explaining that Burns had a vision of tory and brought in a huge pile of cash. The She later earned a Masters of Edu- turning the company into a Disney-like con- company picked up corporate-gift clients cation degree in Counseling, attended a glomerate that sold all things ursine. But such as Seagrams, Nabisco and Triaminic, Principal’s Academy on Learning at that idea tanked, and when Burns left town, the cold-medicine people. It also focused on Robert took over as chief executive officer in direct marketing of Bear-Grams through Dartmouth College and earned a October 1997. radio advertising to a clientele Robert calls C.A.G.S. in Administration and Super- In truth, taking on a top job had been in generically ‘‘Late Jack’’—a guy between 18 vision at the University of New Hamp- her game plan for a long time. It’s part of and 54 years old who has forgotten the holi- shire. March 14, 2001 CONGRESSIONAL RECORD — SENATE S2305 As an educator, Pamela has been an H.R. 880. An act to provide for the acquisi- Santee, California; to the Committee on the integral part of the school community tion of property in Washington County, Judiciary. working with staff, students, parents Utah, for implementation of a desert tortoise f habitat conservation plan. and the community in the total edu- EXECUTIVE AND OTHER The message also announced that the cation process. COMMUNICATIONS Pamela’s commitment to serving the House has agreed to the following con- education community in New Hamp- current resolution, in which it requests The following communications were shire has set an example that is admi- the concurrence of the Senate: laid before the Senate, together with rable. It is an honor to represent her in H. Con. Res. 57. Concurrent resolution con- accompanying papers, reports, and doc- the United States Senate.∑ demning the heinous atrocities that occurred uments, which were referred as indi- on March 5, 2001, at Santana High School in cated: f Santee, California. EC–989. A communication from the Chief of TRIBUTE TO TOM THOMSON The message further announced that the Regulations Unit, Internal Revenue ∑ Mr. SMITH of New Hampshire. Mr. pursuant to Public Law 106–292 (36 Service, Department of the Treasury, trans- President, I rise today to honor Tom U.S.C. 2301), the Speaker appoints the mitting, pursuant to law, the report of a rule following Members of the House of Rep- entitled ‘‘Weighted Average Interest Rate Thomson of Orford, NH, for being rec- Update’’ (Notice 2001–20) received on March ognized with the ‘‘Outstanding resentatives to the United States Holo- 12, 2001; to the Committee on Finance. Achievements in Sustainable For- caust Memorial Council: Mr. LANTOS EC–990. A communication from the Chief of estry’’ award by the American Forest and Mr. FROST. the Regulations Unit, Internal Revenue Foundation. The message also announced that Service, Department of the Treasury, trans- As a young man, Tom purchased his pursuant to section 206 of the Juvenile mitting, pursuant to law, the report of a rule first wood lot of 125 acres with his two Justice and Delinquency Prevention entitled ‘‘2001 Census Count’’ (Notice 2001–21) older brothers near Orford, NH. He con- Act of 1974 (42 U.S.C. 5616), the Speaker received on March 12, 2001; to the Committee on Finance. tinued to purchase more land and man- appoints the following member on the EC–991. A communication from the Chief of aged its resources adhering to the prin- part of the House of Representatives to the Regulations Unit, Internal Revenue ciples of sound forestry. the Coordinating Council on Juvenile Service, Department of the Treasury, trans- Tom’s family tree farm is certified Justice and Delinquency Prevention: mitting, pursuant to law, the report of a rule by the American Tree Farm System as Mr. Michael J. Mahoney of Chicago, Il- entitled ‘‘Coordinated Issue: Class Life of being a productive, sustainable forest linois, to a 1-year term. Floating Gaming Facilities’’ (UIL168.20–07) that provides outstanding wildlife The message further announced that received on March 12, 2001; to the Committee pursuant to section 5(a) of the James on Finance. habitat and recreational opportunities, EC–992. A communication from the Chief of and contributes to soil conservation Madison Commemoration Commission the Regulations Unit, Internal Revenue and water quality. The tree farm has Act (Public Law 106–550), the Minority Service, Department of the Treasury, trans- now expanded to over 2,600 acres in Leader appoints the following Members mitting, pursuant to law, the report of a rule New Hampshire and Vermont. of the House of Representatives to the entitled ‘‘Form 7004—Research Credit Sus- Tom has been a tireless promoter of James Madison Commemoration Com- pension Period’’ ((Notice 2001–29)(OGI110763– sustainable forestry for both New Eng- mission: Mr. BOUCHER and Mr. MORAN 01)) received on March 13, 2001; to the Com- land and national woodland owners. A of Virginia. mittee on Finance. The message also announced that EC–993. A communication from the Chief of contributor to his community, he the Regulatory Policy Office, Bureau of Al- takes every opportunity to share infor- pursuant to section 5(b) of the James cohol, Tobacco and Firearms, Department of mation about tree farming. The Thom- Madison Commemoration Commission Treasury, transmitting, pursuant to law, the son Family Tree Farm is open year- Act (Public Law 106–550), the Minority report of a rule entitled ‘‘T.D. ATF–444; round to school groups and individuals Leader appoints the following individ- Puerto Rican Tobacco Products and Ciga- who want to learn more about sound, uals on the part of the House to the rette Papers and Tubes Shipped from Puerto long-term forest management. James Madison Commemoration Advi- Rico to the United States’’ (RIN1512–AC24) His wise management of forest land sory Committee: Dr. James Billington received on March 13, 2001; to the Committee of Virginia and the Honorable Theo- on Finance. and his commitment to promoting EC–994. A communication from the General good forestry practices to others has dore A. McKee of Pennsylvania. Counsel of the General Accounting Office, earned Tom many honors throughout f transmitting, a report concerning the scope the years. Tom has accomplished a MEASURES REFERRED of congressional authority in election ad- great deal for New Hampshire and the ministration; to the Committee on Rules and people of this State look upon him The following bills were read the first Administration. with tremendous gratitude and admira- and the second times by unanimous EC–995. A communication from the Direc- tion for all that he has done. consent, and referred as indicated: tor of Finance of the United States Capitol Historical Society, transmitting, the report H.R. 223. An act to amend the Clear Creek I am honored to call Tom a friend of audited financial statements from Janu- County, Colorado, Public Lands Transfer Act and a fellow Granite Stater. It is an ary 31, 1998, 1999, and 2000; to the Committee of 1993 to provide additional time for Clear honor and a privilege to represent Tom on the Judiciary. Thomson in the United States Senate.∑ Creek County to dispose of certain lands transferred to the county under the Act; to f f the Committee on Energy and Natural Re- REPORTS OF COMMITTEES MESSAGE FROM THE HOUSE sources. H.R. 308. An act to establish the Guam War The following reports of committees At 12:36 p.m., a message from the Claims Review Commission; to the Com- were submitted: House of Representatives, delivered by mittee on Energy and Natural Resources. From the Committee on Banking, Housing, Ms. Niland, one of its reading clerks, H.R. 834. An act to amend the National and Urban Affairs, with an amendment in announced that the House has passed Trails System Act to clarify Federal author- the nature of a substitute: the following bills, in which it requests ity relating to land acquisition from willing S. 143: A bill to amend the Securities Act the concurrence of the Senate: sellers for the majority of the trails in the of 1933 and the Securities Exchange Act of System, and for other purposes; to the Com- 1934, to reduce securities fees in excess of H.R. 223. An act to amend the Clear Creek mittee on Energy and Natural Resources. those required to fund the operations of the County, Colorado, Public Lands Transfer Act H.R. 880. An act to provide for the acquisi- Securities and Exchange Commission, to ad- of 1993 to provide additional time for Clear tion of property in Washington County, just compensation provisions for employees Creek County to dispose of certain lands Utah, for implementation of a desert tortoise of the Commission, and for other purposes transferred to the county under the Act. habitat conservation plan; to the Committee (Rept. No. 107–3). H.R. 308. An act to establish the Guam War on Energy and Natural Resources. Claims Review Commission. f H.R. 834. An act to amend the National The following concurrent resolution was read, and referred as indicated: INTRODUCTION OF BILLS AND Trails System Act to clarify Federal author- JOINT RESOLUTIONS ity relating to land acquisition from willing H. Con. Res. 57. Concurrent resolution con- sellers for the majority of the trails in the demning the heinous atrocities that occurred The following bills and joint resolu- System, and for other purposes. on March 5, 2001, at Santana High School in tions were introduced, read the first S2306 CONGRESSIONAL RECORD — SENATE March 14, 2001 and second times by unanimous con- By Mr. TORRICELLI (for himself and LINS) and the Senator from Georgia sent, and referred as indicated: Mr. CORZINE): (Mr. CLELAND) were added as cospon- S. 537. A bill to direct the Secretary of By Mrs. HUTCHISON: sors of S. 275, a bill to amend the Inter- Transportation to require the use of dredged S. 527. A bill to amend the Internal Rev- nal Revenue Code of 1986 to repeal the material in the construction of federally enue Code of 1986 to exempt State and local funded transportation projects; to the Com- Federal estate and gift taxes and the political committees from duplicative notifi- mittee on Environment and Public Works. tax on generation-skipping transfers, cation and reporting requirements made ap- f to preserve a step up in basis of certain plicable to political organizations by Public property acquired from a decedent, and Law 106–230; to the Committee on Finance. SUBMISSION OF CONCURRENT AND for other purposes. By Mr. BOND: SENATE RESOLUTIONS S. 528. A bill to amend the National Voter S. 278 Registration Act of 1993 to modify the re- The following concurrent resolutions At the request of Mr. JOHNSON, the quirements for voter mail registration and and Senate resolutions were read, and name of the Senator from Massachu- for other purposes; to the Committee on referred (or acted upon), as indicated: setts (Mr. KENNEDY) was added as a co- Rules and Administration. By Mr. SMITH of Oregon: By Mr. CLELAND (for himself and Mr. sponsor of S. 278, a bill to restore S. Res. 60. A resolution urging the imme- health care coverage to retired mem- MILLER): diate release of Kosovar Albanians wrong- S. 529. A bill to provide wage parity for cer- bers of the uniformed services. fully imprisoned in Serbia, and for other pur- tain Department of Defense prevailing rate poses; to the Committee on Foreign Rela- S. 304 employees in Georgia; to the Committee on tions. At the request of Mr. HATCH, the Governmental Affairs. name of the Senator from California By Mr. GRASSLEY (for himself, Mr. f (Mrs. FEINSTEIN) was added as a co- JEFFORDS, Mr. LEAHY, Mr. MUR- ADDITIONAL COSPONSORS KOWSKI, Mr. BREAUX, Mr. SMITH of Or- sponsor of S. 304, a bill to reduce illegal egon, Mr. DORGAN, Mrs. FEINSTEIN, S. 16 drug use and trafficking and to help Mr. CRAIG, Mrs. MURRAY , Mr. JOHN- At the request of Mr. DASCHLE, the provide appropriate drug education, SON, Mr. SCHUMER, and Mr. CONRAD): name of the Senator from Maryland prevention, and treatment programs. S. 530. A bill to amend the Internal Rev- (Mr. SARBANES) was added as a cospon- S. 345 enue Code of 1986 to provide a 5-year exten- sor of S. 16, a bill to improve law en- At the request of Mr. ALLARD, the sion of the credit for producing electricity forcement, crime prevention, and vic- from wind; to the Committee on Finance. name of the Senator from Nevada (Mr. By Mrs. LINCOLN (for herself, Mr. tim assistance in the 21st century. ENSIGN) was added as a cosponsor of S. CLELAND, and Mr. DORGAN): S. 27 345, a bill to amend the Animal Welfare S. 531. A bill to promote recreation on Fed- At the request of Mr. MCCAIN, the Act to strike the limitation that per- eral lakes, to require Federal agencies re- names of the Senator from North Da- mits interstate movement of live birds, sponsible for managing Federal lakes to pur- kota (Mr. DORGAN) and the Senator for the purpose of fighting, to States in sue strategies for enhancing recreational ex- from Louisiana (Ms. LANDRIEU) were which animal fighting is lawful. periences of the public, and for other pur- poses; to the Committee on Energy and Nat- added as cosponsors of S. 27, a bill to S. 349 ural Resources. amend the Federal Election Campaign At the request of Mr. HUTCHINSON, By Mr. DORGAN (for himself, Mr. BAU- Act of 1971 to provide bipartisan cam- the name of the Senator from Massa- CUS, Mr. BURNS, Mr. DASCHLE, Mr. paign reform. chusetts (Mr. KENNEDY) was added as a JOHNSON, and Mr. CONRAD): S. 41 cosponsor of S. 349, a bill to provide S. 532. A bill to amend the Federal Insecti- At the request of Mr. HATCH, the funds to the National Center for Rural cide, Fungicide, and Rodenticide Act to per- mit a State to register a Canadian pesticide name of the Senator from New Mexico Law Enforcement, and for other pur- for distribution and use within that State; to (Mr. DOMENICI) was added as a cospon- poses. the Committee on Agriculture, Nutrition, sor of S. 41, a bill to amend the Inter- S. 367 and Forestry. nal Revenue Code of 1986 to perma- At the request of Mrs. BOXER, the By Mr. DURBIN (for himself and Mr. nently extend the research credit and name of the Senator from Washington FITZGERALD): to increase the rates of the alternative (Ms. CANTWELL) was added as a cospon- S. 533. A bill to provide for the equitable incremental credit. settlement of certain Indian land disputes sor of S. 367, a bill to prohibit the ap- regarding land in Illinois; to the Committee S. 124 plication of certain restrictive eligi- on Indian Affairs. At the request of Mr. BROWNBACK, the bility requirements to foreign non- By Mr. CAMPBELL: name of the Senator from Alabama governmental organizations with re- S. 534. A bill to establish a Federal inter- (Mr. SESSIONS) was added as a cospon- spect to the provision of assistance agency task force for the purpose of coordi- sor of S. 124, a bill to exempt agree- under part I of the Foreign Assistance nating actions to prevent the outbreak of bo- ments relating to voluntary guidelines Act of 1961. vine spongiform encephalopathy (commonly governing telecast material, movies, known as ‘‘mad cow disease’’) and foot-and- S. 388 mouth disease in the United States; to the video games, Internet content, and At the request of Mr. MURKOWSKI, the Committee on Governmental Affairs. music lyrics from the applicability of name of the Senator from Texas (Mrs. By Mr. BINGAMAN (for himself, Mr. the antitrust laws, and for other pur- HUTCHISON) was added as a cosponsor of MCCAIN, Mr. DASCHLE, Mr. BAUCUS, poses. S. 388, a bill to protect the energy and Mrs. CLINTON, Mr. DOMENICI, Mr. S. 148 security of the United States and de- FEINGOLD, Mr. KENNEDY, Mr. JOHN- At the request of Mr. CRAIG, the crease America’s dependency on for- SON, Mrs. MURRAY, Ms. STABENOW, names of the Senator from Minnesota and Mr. WELLSTONE): eign oil sources to 50% by the year 2011 S. 535. A bill to amend title XIX of the So- (Mr. DAYTON), the Senator from Wis- by enhancing the use of renewable en- cial Security Act to clarify that Indian consin (Mr. KOHL), and the Senator ergy resources conserving energy re- women with breast or cervical cancer who from Illinois (Mr. DURBIN) were added sources, improving energy efficiencies, are eligible for health services provided as cosponsors of S. 148, a bill to amend and increasing domestic energy sup- under a medical care program of the Indian the Internal Revenue Code of 1986 to plies; improve environmental quality Health Service or of a tribal organization are expand the adoption credit, and for by reducing emissions of air pollutants included in the optional medicaid eligibility other purposes. category of breast or cervical cancer pa- and greenhouse gases; mitigate the ef- tients added by the Breast and Cervical Can- S. 244 fect of increases in energy prices on the cer Prevention and Treatment Act of 2000; to At the request of Mrs. FEINSTEIN, the American consumer, including the poor the Committee on Indian Affairs. name of the Senator from Maryland and the elderly; and for other purposes. By Mr. SHELBY: (Ms. MIKULSKI) was added as a cospon- S. 409 S. 536. A bill to amend the Gramm-Leach- sor of S. 244, a bill to provide for At the request of Mrs. HUTCHISON, the Bliley Act to provide for a limitation on United States policy toward Libya. sharing of marketing and behavioral names of the Senator from North Da- profiling information, and for other pur- S. 275 kota (Mr. CONRAD) and the Senator poses; to the Committee on Banking, Hous- At the request of Mr. KYL, the names from North Dakota (Mr. DORGAN) were ing, and Urban Affairs. of the Senator from Maine (Ms. COL- added as cosponsors of S. 409, a bill to March 14, 2001 CONGRESSIONAL RECORD — SENATE S2307 amend title 38, United States Code, to S. RES. 43 complicated ballots or confounded by clarify the standards for compensation At the request of Mr. MURKOWSKI, the inadequate phone lines or voting for Persian Gulf veterans suffering names of the Senator from Kansas (Mr. booths. These barriers to voting are ab- from certain undiagnosed illnesses, and ROBERTS), the Senator from Virginia solutely unacceptable, and we need to for other purposes. (Mr. ALLEN), the Senator from Idaho make sure they do not exist. S. 466 (Mr. CRAPO), the Senator from Idaho Having said that—and I believe very (Mr. CRAIG), the Senator from Kansas At the request of Mr. HAGEL, the strongly in it—I also say to some who (Mr. BROWNBACK), the Senator from names of the Senator from Montana want to hide the other abuses, do not Kentucky (Mr. BUNNING), the Senator (Mr. BAUCUS), the Senator from New try to use general confusion as an ex- from North Carolina (Mr. HELMS), the Mexico (Mr. BINGAMAN), the Senator cuse or a justification for fraud. Senator from Utah (Mr. HATCH), the from Georgia (Mr. CLELAND), the Sen- I want to make one simple point as I Senator from Wyoming (Mr. THOMAS), ator from Minnesota (Mr. DAYTON), the begin. Vote fraud is not about partisan- the Senator from Tennessee (Mr. Senator from Vermont (Mr. LEAHY), ship. It is not about Democrats versus THOMPSON), the Senator from Wyoming the Senator from Michigan (Ms. Republicans. It is not about the north (Mr. ENZI), the Senator from New STABENOW), and the Senator from Min- side of St. Louis versus the south side Hampshire (Mr. GREGG), the Senator nesota (Mr. WELLSTONE) were added as of St. Louis. It is not about somebody from Nevada (Mr. ENSIGN), the Senator cosponsors of S. 466, a bill to amend the getting a partisan advantage. It is from Tennessee (Mr. FRIST), the Sen- Individuals with Disabilities Education about justice. ator from Virginia (Mr. WARNER), the Act to fully fund 40 percent of the aver- Vote fraud is a criminal not a polit- Senator from Montana (Mr. BURNS), age per pupil expenditure for programs ical act. Illegal votes dilute the value the Senator from Oklahoma (Mr. NICK- under part B of such Act. of votes cast legally. When people try LES), the Senator from Arkansas (Mr. to stuff the ballot box, what they are S. 509 HUTCHINSON), and the Senator from really doing is trying to steal political At the request of Mr. MURKOWSKI, the New Mexico (Mr. DOMENICI) were added power from those who follow election name of the Senator from Alaska (Mr. as cosponsors of S. Res. 43, a resolution laws. STEVENS) was added as a cosponsor of expressing the sense of the Senate that On election night in November of S. 509, a bill to establish the Kenai the President should designate the 2000, I was exercised and somewhat Mountains-Turnagain Arm National week of March 18 through March 24, upset, one might say, as we learned Heritage Area in the State of Alaska, 2001, as ‘‘National Inhalants and Poi- about what was going on in St. Louis and for other purposes. sons Awareness Week.’’ city where orders had been issued to S. 525 AMENDMENT NO. 94 keep the voting booths open in certain At the request of Mr. GRAHAM, the At the request of Mrs. LINCOLN, the areas for an extended period of time. name of the Senator from Arizona (Mr. names of the Senator from New York Lawyers appealed that decision, and KYL) was added as a cosponsor of S. 525, (Mrs. CLINTON) and the Senator from the Missouri Court of Appeals shut a bill to expand trade benefits to cer- Georgia (Mr. MILLER) were added as co- them down. They wrote: sponsors of Amendment No. 94 pro- tain Andean countries, and for other (E)qual vigilance is required to ensure that purposes. posed to S. 420, an original bill to only those entitled to vote are allowed to S. CON. RES. 23 amend title II, United States Code, and cast a ballot. Otherwise, the rights of those for other purposes. At the request of Mrs. FEINSTEIN, the lawfully entitled to vote are inevitably di- name of the Senator from Maryland f luted. (Ms. MIKULSKI) was added as a cospon- STATEMENTS ON INTRODUCED Unfortunately, what we have seen in sor of S. Con. Res. 23, a concurrent res- BILLS AND JOINT RESOLUTIONS St. Louis these past months has been olution expressing the sense of Con- nothing short of breathtaking. Some By Mr. BOND: might say that we have even become a gress with respect to the involvement S. 528. A bill to amend the National national laughingstock. We have dead of the Government in Libya in the ter- Voter Registration Act of 1993 to mod- rorist bombing of Pan Am Flight 103, people registering by mail. ify the requirements for voter mail reg- This city alderman died more than 10 and for other purposes. istration and for other purposes; to the years ago. He was registered to vote on S. RES. 21 Committee on Rules and Administra- cards turned in just before the March 6 At the request of Mr. MCCAIN, the tion. mayoral primary. We had people reg- name of the Senator from Iowa (Mr. Mr. BOND. Mr. President, today I istering from vacant lots. The media in HARKIN) was added as a cosponsor of S. rise to introduce a commonsense elec- St. Louis was very aggressive, and they Res. 21, a resolution directing the Ser- tion reform bill which we have entitled checked on some of the voter address- geant-at-Arms to provide Internet ac- the Safeguard the Vote Act. I realize es. There was no building there. They cess to certain Congressional docu- other reform issues have received a lot did not even see the tents in which peo- ments, including certain Congressional of media attention, but I think it is ple were living. Research Service publications, Senate vital to focus on the fundamental issue Voter rolls in St. Louis had more lobbying and gift report filings, and of casting and counting votes honestly names on the registered active and in- Senate and Joint Committee docu- and fairly as well. active list than there were people in ments. Over the past months, many Ameri- St. Louis city. It begins to raise sus- S. RES. 24 cans saw for the first time how actual vote counting is done or not done. We picions. At the request of Mr. SANTORUM, the have had a real-life civics lesson that A city judge exceeded the law by pro- name of the Senator from Louisiana was as unexpected as it was frus- viding extended voting hours for only (Ms. LANDRIEU) was added as a cospon- trating. Those of us in positions of re- selected polling places. Then there is sor of S. Res. 24, a resolution honoring sponsibility need to fix what needs fix- the strange story of a plaintiff in that the contributions of Catholic schools. ing, reform what needs reforming, and case who claimed he ‘‘has not been able S. RES. 25 prosecute where actual wrongdoing has to vote and fears he will not be able to At the request of Mr. CRAIG, the occurred. vote because of long lines at the poll- names of the Senator from Connecticut Voting is the most important civic ing places and machine breakdowns.’’ (Mr. DODD), the Senator from Wis- duty and responsibility for citizens in It was discovered he had two problems. consin (Mr. KOHL), the Senator from our form of government. It should not He was dead, in which case long lines Utah (Mr. HATCH), the Senator from be diluted by fraud, false filings in law- should not have been a problem be- California (Mrs. BOXER), and the Sen- suits, judges who do not follow the law, cause he was not going anywhere any- ator from Oregon (Mr. SMITH) were politicians who try to profit from con- way. added as cosponsors of S. Res. 25, a res- fusion, and people who just abuse the The lawyer then came up with some- olution designating the week beginning system. body else: Oh, what we really meant to March 18, 2001 as ‘‘National Safe Place Let me be clear, at the same time say was a guy whose name is similar to Week.’’ voters must not be unduly confused by that, so they tracked him out. The S2308 CONGRESSIONAL RECORD — SENATE March 14, 2001 problem was he had already voted when The first obvious problem is the bla- people registered than you have people, the lawyers filed the sworn statement tant fraud of the bogus voter registra- something is wrong. saying that he was worried about not tions. With dead people reregistering, Second, my proposal adopts the com- being able to vote, which, I guess, we fake names, phony addresses, and dogs monsense approach just used by the St. can only conclude meant he was wor- being registered, it is clear the system Louis election board in their March ried about casting a second illegal bal- is being abused. primary. For those voters whose names lot. Nearly all of these fraudulent reg- have been moved to the inactive list, it We have had felons voting, people not istrations were the mail-in forms. Our would require that a photo ID be pre- even registered voting. Just when you plan begins by addressing this type of sented by the voter as part of their oral think we have seen it all—this is my fraud with a few simple reforms. These or written affirmation of their address favorite—here is the voting registra- are changing Federal law, which in when they seek to vote again. The tion card that was sent in in October of some instances, has actually facili- board of elections just required this in 1994 by one Ritzy Mekler. The inter- tated voter fraud. last week’s election, and that election esting thing about Ritzy Mekler is that 1. First-time voters who register by seemed to go off without a hitch. Ritzy is a dog. We do not know how mail would be required to vote in per- I believe these straightforward re- many times Ritzy may have voted, but son and present a photo ID the first forms will go a long way toward restor- this seems to be an unwarranted exten- time after registration. We trust that ing the confidence in the voter reg- sion of the voting franchise. Much as I the local officials would recognize the istration and balloting process. But for love dogs, I don’t really think they dog if she came in—even with a photo those who insist on continuing their should be voting. This is certainly a registration. fraudulent activities, this bill new avenue for those who like pets. 2. If the follow-up registration card is strengthens criminal penalties for But that is the kind of thing with returned to the election office as un- those who commit fraud or conspire to which we need to deal. deliverable by the post office, States commit voter fraud. The end result of all these revela- would be allowed immediately to re- Finally, given the dimensions of the tions is that a city grand jury in St. move those names from the rolls, pro- vote fraud scandal in St. Louis, this Louis is now investigating fraudulent vided they made a good-faith effort to legislation creates a national pilot voter registration, and the lawyers in- ensure that eligible voters would not project to clean up voter lists in St. volved have sent the U.S. attorney a be removed from the rolls. Louis in order to assist in ending elec- 250-page report. People are beginning 3. Finally, the bill would give the tion day corruption across the Nation. to take it seriously. You don’t have to States the authority to include on the I have proposed that the Federal take my word for it. Local St. Louis mail registration form a place for nota- Election Commission run the project in city Democrats have had a few things rization or other form of authentica- St. Louis city and St. Louis County to to say. tion. Under current Federal law, States develop a method we can use nation- St. Louis’ current mayor, Clarence are actually prohibited from including ally to maintain accurate voter rolls Harmon, said: this safeguard. and ensure that all properly registered I think there is ample, longstanding evi- I believe the incentives for the bogus voters are permitted to vote without dence of voter fraud in our community. addresses and fake names would be vir- wrongfully being disenfranchised by State representative Quincy Troupe tually eliminated by these simple safe- failure of their registration to be effec- said: guards, while all the legitimate efforts tive, or by allowing others who are not There is no doubt in any black elected offi- to encourage new voters to register qualified and registered to vote, dilut- cial’s mind that the whole process has dis- could, should, and must continue. ing their votes. The FEC would also co- couraged honest elections in the city of St. The second major problem we have ordinate records of voters registered to Louis for some time. We know that we have seen in St. Louis is that the voter rolls vote at places authorized under the Na- people who cheat in every election. The only tional Voter Registration Act of 1993, way you can win a close election in this are so clogged up with incorrect or town, you have to beat the cheat. fraudulent data that legal voters are along with State death and felony con- viction records and the official voter From another side, 11th ward alder- shortchanged. St. Louis city actually, registered for each polling place. man, Matt Villa, said: as I said earlier, has more voters listed on its active plus inactive rolls than As the Missouri Court of Appeals Who knows who did it. But it is apparent wrote when they shut down the im- they are trying to cheat and steal this elec- the voting age population of the city. proper efforts to keep only certain tion. That is not surprising if they are reg- polling places open: The St. Louis Post-Dispatch, which istering dead people, dogs, and people . . . (C)ommendable zeal to protect voting has been aggressively covering this from vacant lots. Even more amazing is the fact that rights must be tempered by the cor- story, noted on its editorial page: responding duty to protect the integrity of St. Louis appears to have a full-blown elec- the Secretary of State said in a recent the voting process. . . . (E)qual vigilance is tion scandal that grows with each newly dis- report that 5,000 of the names on the required to ensure that only those entitled covered box of bogus registration cards. inactive list are actually duplicates of to vote are allowed to cast a ballot. Other- As I noted earlier, I believe it is our other names on the inactive list. There wise, the rights of those lawfully entitled to duty to fix what needs to be fixed, re- are numerous other examples of names vote are inevitably diluted. form what needs to be reformed, and on both the active and inactive lists at With these new tools, and some real prosecute where there has been wrong- the same time. These inactive lists are leadership, the election boards of St. doing. In St. Louis, I believe criminal what is being used for election day reg- Louis City, and St. Louis County could prosecutions are being considered. Cou- istration and voting. They just go in get the big broom—and start cleaning pled with the bill I am introducing and say my name is on the inactive up the mess. Criminal investigations today, this should go a long way to- list. Hundreds were allowed to vote in are ongoing, I hope that anyone re- ward cleaning up what has gone wrong that instance. sponsible for cheating will be caught in St. Louis. Thus, it is painfully clear that some- and punished. But we must get a han- I might add, just the threat of crimi- thing must be done to keep the voter dle on the voter rolls. People who reg- nal prosecutions appear to have made a rolls clean and accurate. ister and follow the rules shouldn’t be difference in the mayoral primary in The bill I introduce includes two frustrated by inadequate polling places St. Louis last week. It was a lot more basic reforms to assist in the cleanup and phone lines or confused by out-of- honest than it has been in a long time. of voter rolls. First, it would require date lists. At the same time, we must There is nothing like the healthy at- States to conduct a program of clean- require voter lists to be scrubbed and mosphere of possible criminal prosecu- ing up lists wherever the voter roll list reviewed in a much more timely man- tions to make people think maybe we of eligible voters is larger than the ner—so the cheaters cannot use confu- should not try to steal this election. number of people of voting age in that sion as their friend. Well, let me go through the list of county or city. That seems to make I certainly don’t want St. Louis to things we found out are contributing to only common sense. I can’t imagine have the lasting reputation described fraud. anyone opposing that if you have more by my old friend Quincy Troupe: March 14, 2001 CONGRESSIONAL RECORD — SENATE S2309 The only way you can win a close election online just this year. These 4 projects, amended by striking ‘‘January 1, 2002’’ and in this town, you have to beat the cheat. with the megawatt capacity of over inserting ‘‘January 1, 2007’’. 240, will join the already existing 20 fa- By Mrs. LINCOLN (for herself, By Mr. GRASSLEY (for himself, cilities in Iowa. Even large petroleum Mr. CLELAND, and Mr. DORGAN): Mr. JEFFORDS, Mr. LEAHY, Mr. producing States like Texas are recog- MURKOWSKI, Mr. BREAUX, Mr. S. 531. A bill to promote recreation nizing the growing potential of wind on Federal lakes, to require Federal SMITH of Oregon, Mr. DORGAN, energy. Texas has the third largest Mrs. FEINSTEIN, Mr. CRAIG, Mrs. agencies responsible for managing Fed- wind farm in the world, and plans to eral lakes to pursue strategies for en- MURRAY, Mr. JOHNSON, Mr. add 5 new facilities this year, adding to SCHUMER, and Mr. CONRAD): hancing recreational experiences of the the 7 already online. public, and for other purposes; to the S. 530. A bill to amend the Internal Moreover, wind energy has vast po- Committee on Energy and Natural Re- Revenue Code of 1986 to provide a 5- tential to contribute to California’s sources. year extension of the credit for pro- electricity supply. As we all know, ducing electricity from wind; to the Mrs. LINCOLN. Mr. President, I rise California is currently suffering be- today to introduce the National Recre- Committee on Finance. cause of an energy market with insuffi- ation Lakes Act of 2001—a bill that will Mr. GRASSLEY. Mr. President, I rise cient energy generation and production recognize the benefits and value of today to introduce important tax legis- that is overly dependent on natural recreation at federal lakes and give lation for myself and Senators JEF- gas. recreation a seat at the table in the FORDS, LEAHY, MURKOWSKI, BREAUX, Just in the past few weeks, plans management decisions of all our fed- SMITH of Oregon, DORGAN, FEINSTEIN, have been unveiled to develop what eral lakes. I am proud to be joined in CRAIG, MURRAY, JOHNSON, SCHUMER, will be the world’s two largest wind this effort today by Senator CLELAND and CONRAD. power plants in the Northwest. One of Georgia and Senator DORGAN of This legislation, entitled the ‘‘Bipar- will be installed on the Oregon-Wash- North Dakota. tisan Renewable Efficient Energy with ington boundary and the other at the Recreation on our federal lakes has Zero Effluent, (BREEZE) Act’’, extends U.S. Department of Energy’s Nevada become a powerful tourist magnet, at- the production tax credit for energy Test Site. Together, the two plants will tracting some 900 million visitors an- generated by wind for five years. The have a capacity of 560 megawatts and nually and generating an estimated $44 current tax credit is set to expire on will generate enough power annually to billion in economic activity—mostly January 1, 2002. serve more than half a million people. spent on privately-provided goods and As author of the Wind Energy Incen- In addition, a number of other new services. And by the middle of this cen- tives Act of 1993, I sought to give this projects coming online this year in the tury, our federal lakes are expected to alternative energy source the ability to West will also bring much-needed addi- host nearly 2 billion visitors per year. compete against traditional, finite en- tional generating capacity to the re- Yet, even with the millions of visi- ergy sources. I strongly believe that gion. tors each year to our lakes and res- the expansion and development of wind Wind energy also produces substan- ervoirs, recreation has suffered from a energy must be facilitated by this pro- tial economic benefits. For each wind lack of unifying policy direction and duction tax credit. turbine, a farmer or rancher can re- leadership, as well as insufficient inter- Wind, unlike most energy sources, is ceive more than $2,000 per year for 20 agency and intergovernmental plan- an efficient and environmentally safe years in direct lease payments. Iowa’s ning and coordination. Most federal form of energy production. Wind en- major wind farms already pay more agencies are focused on the traditional ergy makes valuable contributions to than $640,000 per year to landowners. In functions of man-made lakes and res- maintaining cleaner air and a cleaner California, the development of 1,000 ervoirs: flood control, hydroelectric environment. Every 10,000 megawatts megawatts would mean annual pay- power, water supply, irrigation, and of wind energy produced in the United ments of approximately $2 million to navigation. And often recreation is left States can reduce carbon monoxide farm and forest landowners. out of the decision process. emissions by 33 million metric tons by Extending the wind energy tax credit This legislation will reaffirm that replacing the combustion of fossil would allow for even greater expansion recreation is also an authorized pur- fuels. in the wind energy field. Wind is a do- pose at almost all federal lakes and di- Since the inception of the wind en- mestically produced natural resource, rect the agencies managing these ergy production tax credit in 1993, found abundantly across the country. projects to take action to reemphasize recreation programs in their manage- more than 1,128 megawatts of gener- Because wind energy is homegrown, it ment plans. This legislation will em- ating capacity have been put online. cannot be controlled by any foreign power. phasize partnerships between the Fed- This generating capacity powers nearly Wind energy can be harnessed with- eral Government, local governments, 300,000 homes, or 750,000 people. out injury to our environment. Wind is and private groups to promote respon- Over 900 megawatts of new wind en- a reliable form of power that is renew- sible recreation on all our federal ergy capacity was added just last year, able and inextinguishable. This legisla- lakes. bringing wind energy generating capac- tion ensures that wind energy does not It will establish a National Recre- ity in the U.S. to more than 2,500 fall by the wayside as a productive al- ation Lakes Demonstration Program megawatts. This new wind energy will ternative energy source. comprised of up to 25 lakes across the power the equivalent of over 240,000 The Senate needs to extend this im- nation. At each of these federal lakes, American homes, while displacing over portant legislation and I encourage my the managing agency will be empow- 1.8 million tons of carbon dioxide. colleagues to join us in this effort. ered to develop creative agreements Equally important, wind energy in- I ask unanimous consent that the bill with private sector recreation pro- creases our energy independence, be printed in the RECORD. viders as well as state land agencies to thereby providing the United States There being no objection, the bill was enhance recreation opportunities. with insulation from an oil supply ordered to be printed in the RECORD, as Rather than just building new federal dominated by the Middle East. Our na- follows: campgrounds with tax dollars, we need tional security is currently threatened S. 530 to create new partnerships to provide by a heavy reliance on oil from abroad. Be it enacted by the Senate and House of Rep- support for building recreation infra- The price of wind energy has been re- resentatives of the United States of America in structure that is in line with visitor duced more than 80 percent in the past Congress assembled, and tourist desires for recreation. The two decades, making it the most af- SECTION 1. SHORT TITLE. National Recreation Lakes Demonstra- fordable type of renewable energy. In This Act may be cited as the ‘‘Bipartisan tion Program will be a pilot project to order to continue this investment in Renewable, Efficient Energy with Zero Efflu- test these creative agreements and ent (BREEZE) Act’’. America’s energy future, we must ex- management techniques on a small SEC. 2. 5–YEAR EXTENSION OF CREDIT FOR PRO- tend the production tax credit. DUCING ELECTRICITY FROM WIND. scale to demonstrate their effective- Currently, my own State of Iowa has Section 45(c)(3)(A) of the Internal Revenue ness at promoting recreation on federal 4 new wind power projects ready to go Code of 1986 (relating to wind facility) is lakes. S2310 CONGRESSIONAL RECORD — SENATE March 14, 2001 Second, this legislation will establish can do that is by exposing them to it (2) lakes created by Federal dam projects a Federal Recreation Lakes Leadership early and often. have become powerful magnets for diverse Council to coordinate the National In this Nation, we have nearly 1,800 recreation activities, drawing hundreds of Recreation Lakes Demonstration Pro- federally managed lakes and res- millions of visits annually and generating ervoirs. There are 38 in my home state tens of billions of dollars in economic bene- gram and coordinate efforts among fed- fits; eral agencies to promote recreation on of Arkansas. With so many federal (3) recreational opportunities are provided federal lakes. lakes throughout the country, there’s at such lakes, on surrounding land, and on It also will include the Bureau of no reason why we shouldn’t do all we downstream tailwaters by Federal agencies Reclamation and the U.S. Army Corps can to promote recreation. I know that and through partnerships among Federal, of Engineers in the Recreation Fee in Arkansas, we don’t think twice State, and local government agencies and Demonstration Program. The Fee about getting away to the lake for the private persons; and Demo Program has had wide successes weekend to go boating or fishing, or to (4) the quality of recreational opportuni- just get away from the day-to-day ties at and around Federal lakes depends on in Arkansas and across the country in clean air and water and attractive allowing individual parks and recre- grind. And that doesn’t even begin to viewsheds. ation areas to keep more of their fee get into the tremendous economic im- (b) PURPOSES.—The purposes of this Act revenues on-site to reduce the often pact from recreation on our federal are— overwhelming maintenance backlog. lakes. (1) to require Federal agencies responsible The legislation will also provide for Last August, I conducted a tour of for management of lakes created by Federal periodic review of the management of two of our Corps of Engineers managed dam projects to pursue strategies for enhanc- recreation at federal water projects— lakes in Arkansas—Lake Ouachita and ing recreational experiences at the lakes; something long overdue. A great deal Greers Ferry Lake—to observe how our and has changed since many of the water lakes are managed and to see where (2) to direct Federal agencies to inves- projects were authorized, yet the ini- recreation falls on the priority list. I tigate the possibilities for the use of, and to tial legislative direction from over 70 saw many opportunities where the use, creative management of the project lakes that optimizes both recreational op- years ago continues to be the basis for Corps of Engineers, working with local portunities and other purposes of the project the management practices now in the officials and private citizens, could, lakes, including— year 2001—and that is not right. through innovative management tech- (A) provision of agricultural and municipal Finally, the legislation will provide niques, better provide for the recre- water supplies; new opportunities to link the national ation needs of the thousands of Arkan- (B) provision of flood control and naviga- recreation lakes initiative with other sans that visit Arkansas’ lakes each tion benefits; federal recreation assistance efforts, year. This bill will enable our federal (C) production of hydroelectric power; and including the Wallop-Breaux program lakes in Arkansas and around the (D) protection of water quality. for boating and fishing. country to invest in and manage for SEC. 3. DEFINITIONS. Let me give you a little background recreation so we all can enjoy a day In this Act: on how this legislation was developed. out on the lake. (1) COUNCIL.—The term ‘‘Council’’ means In 1996, the U.S. Senate recognized that This bill is not an attempt to com- the Federal Lakes Recreation Leadership recreation was becoming more impor- pletely rewrite how federal lakes in Council established by section 5. tant on federal lakes and conceived the this country are managed or to put (2) NATIONAL RECREATION DEMONSTRATION National Recreation Lakes Study Com- recreation in front of all other author- LAKE.—The term ‘‘national recreation dem- mission to review the current and an- ized purposes at federal lakes. The Na- onstration lake’’ means a project lake that is designated as a national recreation dem- ticipated demand for recreational op- tional Recreation Lakes Act of 2001 onstration lake under section 4. portunities on federally managed lakes will work with all current laws and (3) PARTICIPATING AGENCY.—The term ‘‘par- and reservoirs. The National Recre- regulations to ensure that recreation is ticipating agency’’ means— ation Lakes Study Commission were given a seat at the table when the man- (A) the Bureau of Indian Affairs; charged to ‘‘review the current and an- agement decisions are made for our (B) the Bureau of Land Management; ticipated demand for recreational op- federal lakes. (C) the Bureau of Reclamation; portunities at federally managed man- This is a good bill. In everything (D) the National Park Service; made lakes and reservoirs’’ and ‘‘to de- from the creation of jobs to the money (E) the United States Fish and Wildlife that tourists like myself spend at the Service; velop alternatives for enhanced rec- (F) the Forest Service; reational use of such facilities.’’ marinas and local stores surrounding (G) the Army Corps of Engineers; The Commission released its long- the lake—our Federal lakes and res- (H) the Tennessee Valley Authority; and awaited report confirming the impact ervoirs have an immense recreational (I) any other project lake management of recreation on federally-managed, value that can and does bring revenues agency that participates in the Program at man-made lakes in June of last year. into our local economies. The best way the request of the Council. The Commission also recognized that to encourage and expand this aspect is (4) PROGRAM.—The term ‘‘Program’’ means we are far from realizing their full po- to ensure that recreation is given a the national recreation lakes demonstration tential. The study documented that higher priority in the management of program established by section 4. (5) PROJECT LAKE.—The term ‘‘project these lakes are powerful tourist our federal lakes. lake’’ means an impoundment of water magnets, attracting some 900 million I encourage my colleagues to support that— visitors annually and generating an es- this legislation and look forward to the (A) is part of a water resources project op- timated $44 billion dollars in economic debate on how we can promote recre- erated, maintained, or constructed by or activity—mostly spent on privately- ation on our federal lakes. with the participation of any Federal agen- provided goods and services. I ask unanimous consent that the cy; During the Energy and Natural Re- text of the bill be printed in the (B) has a maximum storage capacity of 200 sources Committee’s hearing in 1999 on RECORD. acre feet or more; and There being no objection, the bill was (C) includes recreation as an authorized the Recreation Lakes Study, the chair- purpose. ordered to be printed in the RECORD, as man and I spent some time discussing (6) PROJECT LAKE MANAGEMENT AGENCY.— how children today do not take full ad- follows: The term ‘‘project lake management agen- vantage of the outdoor opportunities S. 531 cy’’ means a Federal agency that manages a that are available to them. It is so im- Be it enacted by the Senate and House of Rep- project lake. portant that we encourage our children resentatives of the United States of America in (7) RECREATION.— to enjoy the great outdoors that often Congress assembled, (A) IN GENERAL.—The term ‘‘recreation’’ times is less than an hour’s drive away. SECTION 1. SHORT TITLE. means— This Act may be cited as the ‘‘National As the mother of twin 4-year-old (i) a water-related recreational activity Recreation Lakes Act of 2001’’. that takes place on, adjacent to, or in a boys, I feel we need to encourage our SEC. 2. FINDINGS AND PURPOSES. project lake or tailwater; and children to be children, not to become (a) FINDINGS.—Congress finds that— (ii) a recreational activity or wildlife-re- adults too quickly, to learn how to (1) recreation is an authorized purpose at lated activity that takes place on federally enjoy the outdoors. The only way we almost all Federal lakes; managed land in the vicinity of a project March 14, 2001 CONGRESSIONAL RECORD — SENATE S2311

lake that is permitted under a land manage- ATION DEMONSTRATION LAKE.—The head of (1) increase the awareness of the social and ment plan in effect on the date of enactment any participating agency that manages a na- economic values associated with project lake of this Act. tional recreation demonstration lake may recreation among project lake management (B) INCLUSIONS.—The term ‘‘recreation’’ in- carry out activities (including planning and agencies and other stakeholders with an in- cludes— marketing activities, the establishment of terest in recreation at project lakes; (i) boating (including power boating, sail- advisory boards, and other activities) to im- (2) develop policies that provide an envi- ing, rafting, kayaking, and canoeing), diving, prove communications and cooperation be- ronment for success that emphasizes the role swimming, camping, trail-based activities, tween the agency and local community in- of recreation at project lakes; and picnicking; and terests in the vicinity of the lake with re- (3) protect and manage recreation and (ii) fishing and other wildlife-related activ- spect to management of the national recre- other resources to optimize all resource ben- ity. ation demonstration lake. efits; and SEC. 4. NATIONAL RECREATION LAKES DEM- (f) LOCAL ADVISORY COMMITTEES.— (4) promote a process that will involve Fed- ONSTRATION PROGRAM. (1) ESTABLISHMENT AND PURPOSE.—Under eral, State, tribal, and local units of govern- (a) ESTABLISHMENT.—There is established guidelines developed by the Council, the ment and field managers in the planning, de- the National Recreation Lakes Demonstra- head of a participating agency shall estab- velopment, and management of recreation tion Program consisting of the 25 national lish, for each national recreation demonstra- uses at project lakes. recreation demonstration lakes to be estab- tion lake managed by the agency, a local ad- (e) DUTIES.—The Council shall— lished under this Act. visory committee comprised of State and (1)(A) work to implement the goals and (b) CRITERIA.— local government and private sector rep- recommendations of the National Recreation (1) IN GENERAL.—The Council shall develop resentatives. Lakes Study Commission as detailed in the and establish criteria for use in selecting (2) DUTIES.—The duties of a local advisory Commission’s 1999 report entitled ‘‘Res- project lakes managed by participating committee shall be to recommend and co- ervoirs of Opportunity’’; and agencies for designation as national recre- ordinate with project lake managers on (B) use the report as a guide for all Council ation demonstration lakes. projects proposed to be completed by the actions; (2) REQUIREMENTS.—The criteria shall— participating agency under the Program. (2) solicit each project lake management (A) include lake size, diversity of current (3) OTHER AUTHORITIES AND REQUIRE- agency to become a participating agency; and potential recreational uses, opportuni- MENTS.— (3) respond to requests for assistance from ties for partnerships with private and public (A) MEETINGS.—All meetings of a local ad- Members of Congress in drafting legislation, entities, and present and projected regional visory committee shall be announced at including new authorization and funding re- recreation demand; and least 1 week in advance in a local newspaper quirements, to best achieve the purposes of (B) require a strong showing of local sup- of record and shall be open to the public. this Act; port from the area of the lake, including sup- (B) RECORDS.—A local advisory committee (4) promote collaboration among agencies port from State and local governments, pri- shall maintain records of the meetings of the to provide training opportunities, inter- vate citizens, and businesses. committee and make the records available agency development assignments, and reg- (3) CONSULTATION.—In developing the cri- for public inspection. ular lake manager meetings; teria, the Council shall consult with partici- (C) COMPENSATION.—Members of a local ad- (5) promote the development and consist- pating agencies to encourage the nomination visory committee shall not receive any com- ency of— of project lakes for the Program so as to in- pensation. (A) data collection at project lakes, includ- clude project lakes in all regions of the coun- (D) FEDERAL ADVISORY COMMITTEE ACT.— ing— try and project lakes that will provide a va- The Federal Advisory Committee Act (5 (i) making scientific assessments of water- riety of recreational experiences. U.S.C. App.) shall not apply to a local advi- shed and natural resource conditions; and (c) NOMINATION OF NATIONAL RECREATION sory committee established under paragraph (ii) making assessments of customer facil- DEMONSTRATION LAKES.—A participating (1). agency or an interest group located in the ity and infrastructure needs; and immediate vicinity of a project lake may SEC. 5. FEDERAL LAKES RECREATION LEADER- (B) required maintenance schedules; nominate the project lake to become a na- SHIP COUNCIL. (6) promote agency policies that encourage tional recreation demonstration lake by sub- (a) ESTABLISHMENT.—There is established a construction, operation, and maintenance of mitting to the Council a nomination in ac- council to be known as the ‘‘Federal Lakes high quality visitor and recreational services cordance with such procedures as the Coun- Recreation Leadership Council’’ as con- and facilities by concessioners and permit- cil may establish. templated by the memorandum of agreement tees at project lakes, including adequate op- (d) DESIGNATION OF NATIONAL RECREATION among the Secretary of the Interior, Sec- portunities for profitability and recovery of DEMONSTRATION LAKES.— retary of Agriculture, Secretary of the capital investments; (1) IN GENERAL.—On receiving the nomina- Army, and Chairman of the Tennessee Valley (7) develop consistent guidance to encour- tions from participating agencies and local Authority dated October 27, 1999. age construction, operation, and mainte- interest groups, the Council shall designate (b) MEMBERSHIP.—The Council shall be nance of commercial recreation facilities 25 project lakes to be national recreation composed of— and other visitor amenities at project lakes; demonstration lakes. (1) the Secretary of the Interior (or des- (8) recognize and reward innovation and (2) SELECTION CRITERIA.—In selecting ignee), who shall serve as the Chairperson of collaboration at project lakes; project lakes for designation as national the Council; (9) develop public information materials to recreation demonstration lakes, the Council (2) the Secretary of the Army (or designee); identify the type and location of recreation shall endeavor to include project lakes in all (3) the Secretary of Agriculture (or des- facilities and programs at project lakes; regions of the country and project lakes that ignee); (10) promote cooperation and share new ap- will provide a variety of recreational experi- (4) the Director of the Tennessee Valley proaches from Federal and State managing ences. Authority (or designee); agencies, Indian tribes, and the private sec- (3) EFFECTIVE PERIOD.—A designation of a (5) a representative of the recreation indus- tor to embrace a culture of innovation and project lake as a national recreation dem- try, appointed by the President; entrepreneurship; onstration lake shall be effective for a period (6) a representative of the National Asso- (11) develop training courses on business not to exceed 10 years. ciation of State Park Directors, appointed skills to close the recreation needs gap; (e) AUTHORIZED ACTIVITIES AT NATIONAL by the President; and (12) support annual regional workshops RECREATION DEMONSTRATION LAKES.— (7) a director of a State Fish and Wildlife with State, tribal, local, and private sector (1) ENHANCEMENT OF RECREATION ACTIVI- Agency, appointed by the President. participants to seek feedback and assistance TIES.—Each participating agency shall use (c) TERMS; VACANCIES.— in achieving the goals of the Program; authorities under this Act to enhance oppor- (1) TERM.— (13) develop and establish an application tunities for recreation activities on, in, and (A) IN GENERAL.—Except as provided under and selection process to implement the Pro- in the vicinity of national recreation dem- subparagraph (B), a member shall be ap- gram; onstration lakes. pointed for the life of the Council. (14) develop guidelines for the formation of (2) NEW AUTHORITIES.—In accordance with (B) PRESIDENTIAL APPOINTEE.—A member of local advisory committees to be established the Act of October 22, 1986 (16.U.S.C 497b) and the Council appointed under paragraphs (5), by project lake management agencies man- the Act of November 13, 1998 (16 U.S.C. 5951 et (6), or (7) of subsection (b) shall be appointed aging national recreation demonstration seq.), the head of any participating agency for a term of 5 years. lakes; and except the National Park Service may con- (2) VACANCIES.—A vacancy on the Coun- (15) develop and administer a competitive duct any activity to experiment with per- cil— grant program for distributing available mits, fees, concession agreements, and inno- (A) shall not affect the powers of the Coun- funds among national recreation demonstra- vative management structures at a national cil; and tion lakes for purposes described in this Act recreation demonstration lake under the ju- (B) shall be filled in the same manner as under which— risdiction of the participating agency. the original appointment was made. (A) the total number of lakes improved (3) ASSISTANCE TO UNITS OF LOCAL GOVERN- (d) PURPOSE.—The purpose of the Council under the program shall not exceed 25 lakes; MENT IN THE VICINITY OF A NATIONAL RECRE- shall be to— and S2312 CONGRESSIONAL RECORD — SENATE March 14, 2001 (B) grants are provided in a manner that, (A) revise the policies of the agency as nec- onstration lake’ has the meaning given the to the maximum extent practicable, reflects essary to incorporate new information and term in section 2 of the National Recreation the geographical diversity of the United ensure coordinated management of project Lakes Act of 2001. States. lakes to produce high levels of benefits for ‘‘(3) RECREATION.—The term ‘recreation’ (f) PRINCIPLES.—In all its actions and rec- recreation and all authorized purposes and has the meaning given the term in section 2 ommendations, the Council shall consider designated uses of project lakes; and of the National Recreation Lakes Act of 2001. the following principles: (B) where recreation is consistent with the ‘‘(b) TREATMENT OF USE OF AMOUNTS AP- (1) WATERSHED HEALTH.—The health of the project lake purposes and designated uses of PROPRIATED FOR A FEDERAL WATER watersheds associated with project lakes project lands and waters, give recreation ap- PROJECT.—The use for any covered recre- must be protected. propriate attention in all agency decisions ation project of amounts appropriated for a (2) NEIGHBORING COMMUNITIES.—Neigh- and policies relating to the project lake. Federal water project shall be treated as boring communities should be encouraged to (2) TAILWATERS.—In conducting any activ- payment of the non-Federal share of costs participate in planning the recreation needs ity relating to the tailwater of a project required under this Act.’’. and other uses of project lakes to help to di- lake, the head of a project lake management (c) FEDERAL AID IN WILDLIFE RESTORATION versify the economic base of the community agency shall— ACT.—The Act of September 2, 1937 (16 U.S.C. and promote sustainable practices to protect (A) investigate ways to consider rec- 669 et seq.) is amended— resources. reational uses dependent on water release (1) by redesignating section 10 as section (3) FEDERAL RESPONSIBILITIES.—Federal re- schedules and release volumes; 11; and sponsibilities to enhance recreation at (B) consider release schedules to enhance (2) by inserting after section 9 the fol- project lakes while operating projects to op- such opportunities and uses of the tailwater; lowing: timize water use for all beneficial purposes and ‘‘SEC. 10. APPLICATION OF FEDERAL WATER should be reaffirmed. (C) appropriately balance all of the pur- PROJECT SPENDING TO NON-FED- (4) MANAGEMENT FLEXIBILITY.—Manage- poses of the project. ERAL SHARE OF RECREATION ment flexibility should be increased and sup- SEC. 7. RECREATION FEE DEMONSTRATION PRO- PROJECTS. port for management innovation should be GRAM. ‘‘(a) DEFINITIONS.—In this section: demonstrated. Section 315 of the Department of the Inte- ‘‘(1) COVERED RECREATION PROJECT.—The (5) SUPPORT.—Public and private support rior and Related Agencies Appropriations term ‘covered recreation project’ means con- should be attracted to provide public outdoor Act, 1996 (16 U.S.C. 460l–6a note; Public Law struction or reconstruction of a facility for recreation activities at project lakes. 104–134), is amended— recreation at a national recreation dem- (g) FACA.—The Council shall be subject to (1) in subsection (a)— onstration lake that is carried out with as- the Federal Advisory Committee Act (5 (A) by inserting ‘‘, the Bureau of Reclama- sistance under this Act. U.S.C. App.). tion,’’ after ‘‘the National Park Service’’; ‘‘(2) NATIONAL RECREATION DEMONSTRATION (h) TERMINATION OF COUNCIL.—The Council (B) by striking ‘‘Service) and’’ and insert- LAKE.—The term ‘national recreation dem- shall terminate 15 years after the date on ing ‘‘Service),’’; and onstration lake’ has the meaning given the which funds are first made available to carry (C) by inserting before ‘‘shall each’’ the fol- term in section 2 of the National Recreation out this section. lowing: ‘‘, and the Secretary of the Army Lakes Act of 2001. SEC. 6. PERIODIC REVIEW AND REVISION OF OP- (acting through the Corps of Engineers)’’; ‘‘(3) RECREATION.—The term ‘recreation’ ERATING POLICIES FOR PROJECT (2) in subsection (b), by striking ‘‘four has the meaning given the term in section 2 LAKES. agencies’’ and inserting ‘‘6 agencies’’; and of the National Recreation Lakes Act of 2001. (a) REPORTS.— (3) in subsection (e)— ‘‘(b) TREATMENT OF USE OF AMOUNTS AP- (1) PROJECT LAKE MANAGEMENT AGENCIES.— (A) by striking ‘‘and’’ and inserting a PROPRIATED FOR A FEDERAL WATER Not later than 1 year after the date of enact- comma; and PROJECT.—The use for any covered recre- ment of this Act, the head of each project (B) by inserting ‘‘, and the Secretary of the ation project of amounts appropriated for a lake management agency shall submit to the Army’’ before ‘‘shall carry out’’. Federal water project shall be treated as Committee on Energy and Natural Resources SEC. 8. USE OF FEDERAL WATER PROJECT FUND- payment of the non-Federal share of costs of the Senate, the Committee on Resources ING FOR MATCHING REQUIREMENTS required under this Act.’’. of the House of Representatives, and the FOR RECREATION PROJECTS AT NA- Council a report that describes— TIONAL RECREATION DEMONSTRA- SEC. 9. COST-SHARE ASSISTANCE FOR RECON- STRUCTION OR REPLACEMENT OF (A) actions taken by the agency to commu- TION LAKES. (a) FEDERAL WATER PROJECT RECREATION RECREATION FACILITY. nicate to personnel of the agency the re- ACT.—The Federal Water Project Recreation (a) ASSISTANCE AUTHORIZED.—The head of quirements of this Act and other laws relat- Act is amended— each project lake management agency may ing to recreation use of project lakes; and (1) in section 2 (16 U.S.C. 460l–13)— provide financial assistance to a State or (B) actions to be taken by the agency to (A) in subsection (a), by striking ‘‘it and to local agency to cover a portion of the total expand recreation opportunities at project bear’’ and all that follows through ‘‘recre- costs incurred for the reconstruction or re- lakes, including a schedule for taking the ac- ation,’’ and inserting ‘‘the project,’’; and placement of a recreation facility operated tions. (B) in subsection (b)— under an agreement with the State or local (2) COUNCIL.—Not later than 3 years after (i) by striking ‘‘recreation and’’; and agency at a project lake. the date of enactment of this Act, and every (ii) by striking ‘‘recreation or’’; (b) COSTS INCLUDED.—The total costs of re- 2 years thereafter, the Council shall submit (2) in section 3 (16 U.S.C. 460l–14)— construction or replacement of a recreation to the Committee on Energy and Natural Re- (A) in subsection (b)(1), by striking ‘‘it and facility include the costs associated with all sources of the Senate, and the Committee on will bear’’ the first place it appears and all components of the reconstruction or replace- Resources of the House of Representatives a that follows through ‘‘recreation,’’ and in- ment project, including— report describing actions taken by partici- serting ‘‘the project,’’; and (1) project administration; pating agencies to expand recreation oppor- (B) in subsection (c), by striking paragraph (2) the provision of technical assistance; tunities at project lakes. (2); and and (3) PARTICIPATING AGENCIES.— (3) in section 4 (16 U.S.C. 460l–15), by strik- (3) contracting and construction costs. (A) PERIODIC REPORTS.—The head of each ing ‘‘recreation and’’ and all that follows (c) LIMITATION.—Assistance provided under participating agency shall periodically re- through ‘‘those purposes’’ and inserting ‘‘fish subsection (a) shall not be used for costs in- port to the Council regarding activities of and wildlife purposes’’. curred in maintaining or operating the recre- the participating agency under this section. (b) FEDERAL AID IN FISH RESTORATION ation facility. (B) COMPREHENSIVE REVIEW.—Not later ACT.—The Act of August 9, 1950 (16 U.S.C. 777 than 5 years after the date of enactment of SEC. 10. RELATIONSHIP TO OTHER LAWS. et seq.) is amended by striking the first sec- This Act does not affect— this Act and at least once every 15 years tion 13 (relating to effective date) and the thereafter, the head of each participating (1) the purposes of any project lake author- second section 13 (relating to State use of ized before the date of enactment of this Act; agency shall conduct a comprehensive re- contributions) and inserting the following: view of operating policies for project lakes (2) the authority of any State to manage ‘‘SEC. 13. APPLICATION OF FEDERAL WATER fish and wildlife; or managed by the agency that describes— PROJECT SPENDING TO NON-FED- (i) the actions taken by the agency to com- ERAL SHARE OF COVERED RECRE- (3) the authority of any State or the Fed- municate to personnel of the agency the re- ATION PROJECTS. eral Government to enter into any agree- quirements of this Act and other laws relat- ‘‘(a) DEFINITIONS.—In this section: ment relating to a project lake. ing to recreation use of project lakes; and ‘‘(1) COVERED RECREATION PROJECT.—The SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (ii) the actions to be taken by the agency term ‘covered recreation project’ means con- (a) IN GENERAL.—There are authorized to to expand recreation opportunities at project struction or reconstruction of a facility for be appropriated to carry out this Act lakes, including a schedule for taking the ac- recreation at a national recreation dem- $10,000,000 for each of fiscal years 2002 tions. onstration lake that is carried out with as- through 2006, to remain available until ex- (b) POLICIES.— sistance under this Act. pended. (1) IN GENERAL.—The head of each project ‘‘(2) NATIONAL RECREATION DEMONSTRATION (b) ADMINISTRATIVE COSTS.—Not more than lake management agency shall— LAKE.—The term ‘national recreation dem- 5 percent of the funds made available under March 14, 2001 CONGRESSIONAL RECORD — SENATE S2313 subsection (a) may be used to pay adminis- Agreement came into effect, part of tural pesticides. This bill would only trative costs incurred by the Secretary of the understanding on agriculture was deal with agricultural chemicals that the Interior in coordinating the activities of that our two nations were going to are identical or substantially similar. the Council and participating agencies under this Act. move rapidly toward the harmoni- It only deals with pesticides that have zation of pesticide regulations. already undergone rigorous review Mr. DORGAN. Mr. President, I want Howsever, we have entered a new dec- processes and whose formulations have to express my support for the National ade, and century, no less, and rel- been registered and approved for use in Recreation Lakes Act which is being atively little progress in harmoni- both countries by the respective regu- introduced today by Senator BLANCHE zation has been accomplished that is latory agencies. LINCOLN and others. This bill will give meaningful to family farmers. The bill would establish a procedure recreation interests a seat at the table Since this trade agreement took ef- by which states may apply for and re- when decisions are made about the use fect, the pace of Canadian spring and ceive an Environmental Protection of Federal lakes. I think that this bill durum wheat, and barley exports to the Agency label for agricultural chemi- in an important part of recognizing the United States have grown from a bare- cals sold in Canada that are identical great benefits that our Federal lakes ly noticeable trickle into annual floods or substantially similar to agricultural provide to communities all across the of imported grain into our markets. chemicals used in the United States. country. This bill creates a pilot program that Over the years, I have described many Thus, U.S. producers and suppliers will encompass 25 national recreation factors that have produced this unfair could purchase such chemicals in Can- demonstration lakes. These lakes will trade relationship and un-level playing ada for use in the United States. The ensure that recreational interests get a field between farmers of our two na- need for this bill is created by pesticide voice in the decision making process. tions. The failure to achieve harmoni- companies which use chemical labeling We rely on these lakes for so many dif- zation in pesticides between the United laws to protect their marketing and ferent things: irrigation, hydro-power, States and Canada compounds this on- pricing structures, rather than the navigation. In many cases, recreational going trade problem. public interest. In their selective label- Our farmers are concerned that agri- interests are an afterthought. This bill ing of identical or substantially simi- cultural pesticides that are not avail- will give recreation the priority that it lar products across the border they are able in the United States are being uti- deserves. able to extract unjustified profits from Lake Sakakawea is located in my lized by farmers in Canada to produce farmers, and create un-level pricing home state of North Dakota. I have wheat, barley, and other agricultural fields between our two countries. worked with the community leaders commodities that are subsequently im- This bill is one legislative step in the there to try and make the importance ported and consumed in the United process of full harmonization of pes- of recreational interests a part of the States. They rightfully believe that it ticides between our two nations. It is discussion regarding the level of the is unfair to import commodities pro- designed specifically to address the lake and the use of the water in the duced with agricultural pesticides that problem of pricing differentials on lake. This is a perfect example of a are not available to U.S. producers. chemicals that are currently available lake that would benefit from this legis- However, it is not just a difference of in both countries. We need to take this lation. availability of agricultural pesticides step, so that we can begin the process I commend Senator LINCOLN for the between our two countries, but also in of creating a level playing field be- hard work that she has done on this the pricing of these chemicals. tween farmers of our two countries. legislation and I look forward to work- A year ago, our farmers were denied This bill would make harmonization a ing with her to move this bill through the right to bring a pesticide across the reality for those pesticides in which the legislative process. border that was cleared for use in our their actual selling price is the only country, but was not available locally real difference. By Mr. DORGAN (for himself, Mr. because the company who manufactur- I ask unanimous consent that the BAUCUS, Mr. BURNS, Mr. ers this product chose not to sell it text of the bill be printed in the DASCHLE, Mr. JOHNSON, and Mr. here. They were selling a more expen- RECORD. CONRAD): sive version of the product here. The There being no objection, the bill was S. 532. A bill to amend the Federal simple fact is, this company was using ordered to be printed in the RECORD, as Insecticide, Fungicide, and Rodenticide our environmental protection laws as a follows: Act to permit a State to register a Ca- means to extract a higher price from S. 532 nadian pesticide for distribution and our farmers. This simply is not right. Be it enacted by the Senate and House of Rep- use within that State; to the Com- I have pointed out, time and time resentatives of the United States of America in mittee on Agriculture, Nutrition, and again, the fact that there are signifi- Congress assembled, Forestry. cant differences in prices being paid for SECTION 1. REGISTRATION OF CANADIAN PES- Mr. DORGAN. Mr. President, today, essentially the same pesticide by farm- TICIDES BY STATES. along with Senators BAUCUS, BURNS, ers in our two countries. In fact, in a (a) IN GENERAL.—Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act DASCHLE, JOHNSON, and CONRAD, I am recent survey, farmers in the United (7 U.S.C. 136v) is amended by adding at the introducing legislation that would pro- States were paying between 117 percent end the following: vide equitable treatment for U.S. farm- and 193 percent higher prices than Ca- ‘‘(d) REGISTRATION OF CANADIAN PESTICIDES ers in the pricing of agricultural pes- nadian farmers for a number of pes- BY STATES.— ticides. This legislation would allow a ticides. This was after adjusting for dif- ‘‘(1) DEFINITIONS.—In this subsection: state, a person, or a farm organization ferences in currency exchange rates at ‘‘(A) CANADIAN PESTICIDE.—The term ‘Cana- or cooperative/farm supply company to that time. dian pesticide’ means a pesticide that— serve as a registrant for a Canadian The farmers in my state are simply ‘‘(i) is registered for use as a pesticide in fed up with what is going on. They see Canada; pesticide which is identical or substan- ‘‘(ii) is identical or substantially similar in tially similar to a U.S. registered pes- grain flooding across the border, while its composition to a comparable domestic ticide. This bill is identical to the leg- they are unable to access the more in- pesticide registered under section 3; and islation I introduced last September. expensive production inputs available ‘‘(iii) is registered in Canada by the reg- The need for this legislation is as in our ‘‘free trade’’ environment. And I istrant of the comparable domestic pesticide great as ever. We are about to start might add, this grain coming into our or by an affiliated entity of the registrant. spring planting, and U.S. farmers are country has been treated with these ‘‘(B) COMPARABLE DOMESTIC PESTICIDE.— once again going to be required to pay products which our farmers are denied The term ‘comparable domestic pesticide’ more—in some cases almost twice as access to. This simply must end. means a pesticide— As I stated earlier, today, my col- ‘‘(i) that is registered under section 3; much—than their Canadian counter- ‘‘(ii) the registration of which is not under parts for crop protection products that leagues and I are reintroducing legisla- suspension; are virtually identical in substance. tion that would take an important step ‘‘(iii) that is not subject to— I have pointed out in the past that in providing equitable treatment for ‘‘(I) a notice of intent to cancel or suspend when the U.S.-Canada Free Trade U.S. farmers in the pricing of agricul- under any provision of this Act; S2314 CONGRESSIONAL RECORD — SENATE March 14, 2001

‘‘(II) a notice for voluntary cancellation ‘‘(ii) identifies the tolerances or exemp- ‘‘(7) REVOCATION.— under section 6(f); or tions in the notification submitted under ‘‘(A) IN GENERAL.—After the registration of ‘‘(III) an enforcement action under any subparagraph (E); a Canadian pesticide, if the Administrator provision of this Act; ‘‘(D) obtains a label approved by the Ad- finds that the Canadian pesticide is not iden- ‘‘(iv) that is used as the basis for compari- ministrator that— tical or substantially similar in composition son for the determinations required under ‘‘(i)(I) includes all statements, other than to a comparable domestic pesticide, the Ad- paragraph (4); the establishment number, from the ap- ministrator may issue an emergency order ‘‘(v) that is registered for use on each site proved labeling of the comparable domestic revoking the registration of the Canadian of application for which registration is pesticide that are relevant to the uses reg- pesticide. sought under this subsection; istered by the State; and ‘‘(B) TERMS OF ORDER.—The order— ‘‘(vi) for which no use is the subject of a ‘‘(II) excludes all labeling statements re- ‘‘(i) shall be effective immediately; pending interim administrative review under lating to uses that are not registered by the ‘‘(ii) may prohibit the sale, distribution, section 3(c)(8); State; and use of the Canadian pesticide; and ‘‘(vii) that is not subject to any limitation ‘‘(ii) identifies the State in which the prod- ‘‘(iii) may require the registrant of the Ca- on production or sale agreed to by the Ad- uct may be used; nadian pesticide to purchase and dispose of ministrator and the registrant or imposed by ‘‘(iii) prohibits sale and use outside the any unopened product subject to the order. the Administrator for risk mitigation pur- State identified under clause (ii); ‘‘(C) REQUEST FOR HEARING.—Not later than poses; and ‘‘(iv) includes a statement indicating that 10 days after issuance of the order, the reg- ‘‘(viii) that is not classified as a restricted it is unlawful to use the Canadian pesticide istrant of the Canadian pesticide subject to use pesticide under section 3(d). in the State in a manner that is inconsistent the order may request a hearing on the ‘‘(2) AUTHORITY TO REGISTER CANADIAN PES- with the labeling approved by the Adminis- order. TICIDES.— trator under this subsection; and ‘‘(D) FINAL ORDER.—If a hearing is not re- ‘‘(A) IN GENERAL.—A State may register a ‘‘(v) identifies the establishment number of quested in accordance with subparagraph (C), Canadian pesticide for distribution and use the establishment in which the labeling ap- the order shall become final and shall not be in the State if the registration— proved by the Administrator will be affixed subject to judicial review. ‘‘(i) complies with this subsection; to each container of the Canadian pesticide; ‘‘(E) JUDICIAL REVIEW.—If a hearing is re- ‘‘(ii) is consistent with this Act; and and quested on the order, judicial review may be ‘‘(iii) has not previously been disapproved ‘‘(E) not later than 10 business days after sought only at the conclusion of the hearing by the Administrator. the issuance by the State of the registration, on the order and following the issuance by ‘‘(B) PRODUCTION OF ANOTHER PESTICIDE.—A submit to the Administrator a written noti- the Administrator of a final revocation pesticide registered under this subsection fication of the action of the State that in- order. shall not be used to produce a pesticide reg- cludes— ‘‘(F) PROCEDURE.—A final revocation order istered under section 3 or subsection (c). ‘‘(i) a description of the determination issued following a hearing shall be review- ‘‘(C) EFFECT OF REGISTRATION.—A registra- made under this paragraph; able in accordance with section 16. tion of a Canadian pesticide by a State under ‘‘(ii) a statement of the effective date of ‘‘(8) SUSPENSION OF STATE AUTHORITY TO this subsection— the registration; REGISTER CANADIAN PESTICIDES.— ‘‘(i) shall be deemed to be a registration ‘‘(iii) a confidential statement of the for- ‘‘(A) IN GENERAL.—If the Administrator under section 3 for all purposes of this Act; mula of the registered pesticide; and finds that a State that has registered 1 or and ‘‘(iv) a final printed copy of the labeling more Canadian pesticides under this sub- ‘‘(ii) shall authorize distribution and use approved by the Administrator. section is not capable of exercising adequate only within that State. ‘‘(5) DISAPPROVAL OF REGISTRATION BY AD- controls to ensure that registration under ‘‘(D) REGISTRANT.— MINISTRATOR.— this subsection is consistent with this sub- ‘‘(i) IN GENERAL.—A State may register a ‘‘(A) IN GENERAL.—The Administrator may section, other provisions of this Act, or the Canadian pesticide under this subsection on disapprove the registration of a Canadian Federal Food, Drug, and Cosmetic Act (21 its own motion or on application of any per- pesticide by a State under this subsection if U.S.C. 301 et seq.), or has failed to exercise son. the Administrator determines that the reg- adequate controls of 1 or more Canadian pes- ‘‘(ii) STATE OR APPLICANT AS REGISTRANT.— istration of the Canadian pesticide by the ticides registered under this subsection, the ‘‘(I) STATE.—If a State registers a Cana- State— Administrator may suspend the authority of dian pesticide under this subsection on its ‘‘(i) does not comply with this subsection the State to register Canadian pesticides own motion, the State shall be considered to or the Federal Food, Drug, and Cosmetic Act under this subsection until such time as the be the registrant of the Canadian pesticide (21 U.S.C. 301 et seq.); or Administrator determines that the State can for all purposes of this Act. ‘‘(ii) is inconsistent with this Act. and will exercise adequate control of the Ca- ‘‘(II) APPLICANT.—If a State registers a Ca- ‘‘(B) EFFECTIVE PERIOD.—If the Adminis- nadian pesticides. nadian pesticide under this subsection on ap- trator disapproves a registration by a State ‘‘(B) NOTICE AND OPPORTUNITY TO RE- plication of any person, the person shall be under this subsection by the date that is 90 SPOND.—Before suspending the authority of a considered to be the registrant of the Cana- days after the date on which the State issues State to register a Canadian pesticide, the dian pesticide for all purposes of this Act. the registration, the registration shall be in- Administrator shall— ‘‘(3) REQUIREMENTS FOR REGISTRATION effective after the 90th day. ‘‘(i) notify the State that the Adminis- SOUGHT BY PERSON.—A person seeking reg- ‘‘(6) LABELING OF CANADIAN PESTICIDES.— trator proposes to suspend the authority and istration by a State of a Canadian pesticide ‘‘(A) IN GENERAL.—Each container con- the reasons for the proposed suspension; and in a State under this subsection shall— taining a Canadian pesticide registered by a ‘‘(ii) before taking final action to suspend ‘‘(A) demonstrate to the State that the Ca- State shall bear the label that is approved by authority under this subsection, provide the nadian pesticide is identical or substantially the Administrator under this subsection. State an opportunity to respond to the pro- similar in its composition to a comparable ‘‘(B) DISPLAY OF LABEL.—The label shall be posal to suspend within 30 calendar days domestic pesticide; and securely attached to the container and shall after the State receives notice under clause ‘‘(B) submit to the State a copy of— be the only label visible on the container. (i). ‘‘(i) the label approved by the Pesticide ‘‘(C) ORIGINAL CANADIAN LABEL.—The origi- ‘‘(9) LIMITS ON LIABILITY.—No action for Management Regulatory Agency for the Ca- nal Canadian label on the container shall be monetary damages may be heard in any Fed- nadian pesticide; and preserved underneath the label approved by eral court against— ‘‘(ii) the label approved by the Adminis- the Administrator. ‘‘(A) a State acting as a registering agency trator for the comparable domestic pes- ‘‘(D) PREPARATION AND USE OF LABELS.— under the authority of and consistent with ticide. After a Canadian pesticide is registered this subsection for injury or damage result- ‘‘(4) STATE REQUIREMENTS FOR REGISTRA- under this subsection, the registrant shall— ing from the use of a product registered by TION.—A State may register a Canadian pes- ‘‘(i) prepare labels approved by the Admin- the State under this subsection; or ticide under this subsection if the State— istrator for the Canadian pesticide; and ‘‘(B) a registrant for damages resulting ‘‘(A) obtains the confidential statement of ‘‘(ii) conduct or supervise all labeling of from adulteration or compositional alter- formula for the Canadian pesticide; the Canadian pesticide with the approved la- ation of a Canadian pesticide registered ‘‘(B) determines that the Canadian pes- beling. under this subsection if the registrant did ticide is identical or substantially similar in ‘‘(E) REGISTERED ESTABLISHMENTS.—Label- not have and could not reasonably have ob- composition to a comparable domestic pes- ing of a Canadian pesticide under this sub- tained knowledge of the adulteration or ticide; section shall be conducted at an establish- compositional alteration. ‘‘(C) for each food or feed use authorized by ment registered by the registrant under sec- ‘‘(10) DISCLOSURE OF INFORMATION BY AD- the registration— tion 7. MINISTRATOR TO THE STATE.—The Adminis- ‘‘(i) determines that there exists an ade- ‘‘(F) ESTABLISHMENT REPORTING REQUIRE- trator may disclose to a State that is seek- quate tolerance or exemption under the Fed- MENTS.—An establishment registered for the ing to register a Canadian pesticide in the eral Food, Drug, and Cosmetic Act (21 U.S.C. sole purpose of labeling under this paragraph State information that is necessary for the 301 et seq.) that permits the residues of the shall be exempt from the reporting require- State to make the determinations required pesticide on the food or feed; and ments of section 7(c). by paragraph (4) if the State certifies to the March 14, 2001 CONGRESSIONAL RECORD — SENATE S2315 Administrator that the State can and will ‘‘(B) STATEMENT OF FORMULA.—The reg- ticide Harmonization Act. Last year, maintain the confidentiality of any trade se- istrant of the comparable domestic pesticide Senator DORGAN attempted to address crets and commercial or financial informa- shall submit, with the notice required under this problem in the VA/HUD Appropria- tion provided by the Administrator to the subparagraph (A), a confidential statement tions Conference. I committed myself State under this subsection to the same ex- of the formula for the new formulation if the tent as is required under section 10. registrant has possession of or reasonable ac- to work with him and move this legis- ‘‘(11) PROVISION OF INFORMATION BY REG- cess to the information. lation this year. I am a cosponsor of ISTRANTS OF COMPARABLE DOMESTIC PES- ‘‘(C) SUSPENSION OF REGISTRATION FOR NON- this bill because of this commitment TICIDES.— COMPLIANCE.— and to even out a serious trade imbal- ‘‘(A) IN GENERAL.—On request by a State, ‘‘(i) IN GENERAL.—If the registrant fails to ance facing the agriculture industry in the registrant of a comparable domestic pes- provide notice or submit a confidential our country. ticide shall provide to the State that is seek- statement of formula as required by this In my home State of Montana and ing to register a Canadian pesticide in the paragraph, the Administrator may issue a many other western and mid-western State under this subsection information that notice of intent to suspend the registration States, we have faced a number of of the comparable domestic pesticide for a is necessary for the State to make the deter- trade disputes between Canada and the minations required by paragraph (4) if the period of not less than 1 year. State certifies to the registrant that the ‘‘(ii) EFFECTIVE DATE.—The suspension United States. One of the most glaring State can and will maintain the confiden- shall become final not later than the end of discrepancies deals with pesticides. tiality of any trade secrets and commercial the 30-day period beginning on the date of Chemicals that are sold for one price and financial information provided by the the issuance by the Administrator of the no- just across the border in Canada are registrant to the State under this subsection tice of intent to suspend the registration, sold at a considerably higher cost to to the same extent as is required under sec- unless during the period the registrant re- American producers. Why does this tion 10. quests a hearing. happen you may ask? The EPA places ‘‘(B) PENALTY FOR NONCOMPLIANCE.— ‘‘(iii) HEARING PROCEDURE.—If a hearing is requested, the hearing shall be conducted in strong regulations on chemicals used ‘‘(i) IN GENERAL.—If the registrant of a in the United States and therefore, the comparable domestic pesticide fails to pro- accordance with section 6(d). vide to the State, not later than 15 days after ‘‘(iv) ISSUES.—The only issues for resolu- chemical companies believe they receipt of a written request by the State, in- tion at the hearing shall be whether the reg- should hike up the prices to pay for formation possessed by or reasonably acces- istrant has failed to provide notice or submit their trouble. sible to the registrant that is necessary to a confidential statement of formula as re- The chemicals in Canada and the make the determinations required by para- quired by this paragraph.’’. United States, in most cases, have the graph (4), the Administrator may assess a (b) CONFORMING AMENDMENTS.— exact same chemical make-up. The penalty against the registrant of the com- (1) Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. same company manufactures them, but parable pesticide. often gives them a different name and ‘‘(ii) AMOUNT.—The amount of the penalty 136v(c)) is amended— shall be equal to the product obtained by (A) in paragraph (1), by inserting ‘‘IN GEN- nearly always prices the American multiplying— ERAL.—’’ after ‘‘(1)‘‘; chemicals higher. The crops treated ‘‘(I) the difference between the per-acre (B) in paragraph (2), by inserting ‘‘DIS- with chemicals our farmers are not al- cost of the application of the comparable do- APPROVAL.—’’ after ‘‘(2)’’; lowed to use are easily imported into mestic pesticide and the application of the (C) in paragraph (3), by inserting ‘‘CONSIST- the United States. These crops were de- Canadian pesticide, as determined by the Ad- ENCY WITH FEDERAL FOOD, DRUG, AND COS- veloped at a lower production cost and ministrator; and METIC ACT.—’’ after ‘‘(3)’’; and (D) by striking ‘‘(4) If the Administrator’’ are now competing with American ‘‘(II) the number of acres in the State de- products. I am a strong believer in fair voted to the commodity for which the State and inserting the following: registration is sought. ‘‘(4) SUSPENSION OF AUTHORITY TO REGISTER trade, but for free trade to actually ‘‘(C) NOTICE AND OPPORTUNITY FOR HEAR- PESTICIDES.—Except as provided in sub- occur, this problem must be addressed. ING.—No penalty under this paragraph shall section (d)(8), if the Administrator’’. Currently, American farmers are fac- be assessed unless the registrant is given no- (2) The table of contents in section 1(b) of ing a serious economic recession. tice and opportunity for a hearing in accord- the Federal Insecticide, Fungicide, and Prices are the lowest they have been in ance with section 14(a)(3). Rodenticide Act (7 U.S.C. prec. 121) is amend- a number of years and there does not ‘‘(D) ISSUES AT HEARING.—The only issues ed by striking the item relating to section appear to be a light at the end of the for resolution at the hearing shall be— 24(c) and inserting the following: ‘‘(c) Additional uses. tunnel. Additionally, the West is look- ‘‘(i) whether the registrant of the com- ing at yet another year of severe parable domestic pesticide failed to timely ‘‘(1) In general. provide to the State the information pos- ‘‘(2) Disapproval. drought. Already, snow packs are con- sessed by or reasonably accessible to the reg- ‘‘(3) Consistency with Federal Food, Drug, siderably below normal. Also, fertilizer istrant that was necessary to make the de- and Cosmetic Act. costs are sky-rocketing with the high terminations required by paragraph (4); and ‘‘(4) Suspension of authority to register cost of fuel and energy. Compounding ‘‘(ii) the amount of the penalty. pesticides. their problem is being forced to pay ‘‘(d) Registration of Canadian pesticides by ‘‘(12) PENALTY FOR DISCLOSURE BY STATE.— twice as much for nearly the same States. ‘‘(A) IN GENERAL.—The State shall not chemicals as their foreign neighbors. make public information obtained under ‘‘(1) Definitions. ‘‘(2) Authority to register Canadian pes- If enacted, this bill would eliminate paragraph (10) or (11) that is privileged and current obstacles and even the playing confidential and contains or relates to trade ticides. secrets or commercial or financial informa- ‘‘(3) Requirements for registration sought field for our farmers. It would allow tion. by person. States or individual producers to seek ‘‘(4) State requirements for registration. ‘‘(B) DISCLOSURE.—Any State employee a registration for a Canadian pesticide. who willfully discloses information described ‘‘(5) Disapproval of registration by Admin- This could only be done if, upon re- in subparagraph (A) shall be subject to pen- istrator. quest by the State, the pesticide is alties described in section 10(f). ‘‘(6) Labeling of Canadian pesticides. ‘‘(7) Revocation. found to be identical or substantially ‘‘(13) DATA COMPENSATION.—A State or per- ‘‘(8) Suspension of State authority to reg- similar to the U.S. pesticide. The EPA son registering a Canadian pesticide under still has final authority to disapprove this subsection shall not be liable for com- ister Canadian pesticides. ‘‘(9) Limits on liability. pensation for data supporting the registra- the registrations within 90 days. Once ‘‘(10) Disclosure of information by Admin- tion if the registration of the Canadian pes- the pesticide is found to be the same or istrator to the State. ticide in Canada and the registration of the similar and the EPA approves, the ‘‘(11) Provision of information by reg- comparable domestic pesticide are held by State or individual can travel to Can- istrants of comparable domestic pesticides. the same registrant or by affiliated entities. ‘‘(12) Penalty for disclosure by State. ada and purchase the chemical. ‘‘(14) FORMULATION CHANGES.— ‘‘(13) Data compensation. Our farmers and ranchers have been ‘‘(A) IN GENERAL.—The registrant of a com- ‘‘(14) Formulation changes.’’. paying too much for their pesticides parable domestic pesticide shall notify the (c) EFFECTIVE DATE.—This section and the and chemicals for too long. From my Administrator of any change in the formula- amendments made by this section take ef- years as a football referee, I learned ev- tion of a comparable domestic pesticide or a fect 180 days after the date of enactment of Canadian pesticide registered by the reg- eryone needs to follow the same rules this Act. istrant or an affiliated entity not later than to play the game. We need to make 30 days before any sale or distribution of the Mr. BURNS. Mr. President, I rise sure Canadian farmers and U.S. farm- pesticide containing the new formulation. today to express my support of the Pes- ers are playing under the same rules. I S2316 CONGRESSIONAL RECORD — SENATE March 14, 2001 believe this bill makes that happen. I spread of mad cow disease in the by the Secretary of Agriculture, for the pur- look forward to working with my col- United States. pose of coordinating actions to prevent the leagues on this crucial issue to Amer- However, since I sent my letter to outbreak of bovine spongiform ica’s farmers and ranchers. the USDA Secretary, the situation in encephalopathy (commonly known as ‘‘mad cow disease’’), foot-and-mouth disease and Europe has gone from bad to worse. By Mr. CAMPBELL: related diseases in the United States. Therefore, I believe a government-wide (b) MEMBERSHIP.—The membership of the S. 534. A bill to establish a Federal approach is now necessary and that is task force shall be composed of— interagency task force for the purpose why I am introducing this bill today. (1) the Secretary of Agriculture; of coordinating actions to prevent the We simply must act quickly. (2) the Secretary of Commerce; outbreak of bovine spongiform Currently, our nation’s farmers and (3) the Secretary of Health and Human encephalopathy (commonly known as ranchers are benefitting from profit- Services; ‘‘mad cow disease’’) and foot-and- able good cattle prices, and our meat (4) the Secretary of the Treasury; (5) the Commissioner of Food and Drug; mouth disease in the United States; to supply is safe. But, as a Western Sen- the Committee on Governmental Af- (6) the Director of the National Institutes ator from a state with a significant of Health; fairs. cattle industry that trades in the (7) the Director of the Centers for Disease Mr. CAMPBELL. Mr. President, international market, I share the grow- Control and Prevention; today I introduce the Mad Cow Preven- ing fears of constituents about the po- (8) the Commissioner of Customs; and tion Act of 2001 which would help ease tential devastating impact mad cow (9) the heads of such other Federal depart- the American consumer’s growing con- disease would have if it spreads to and ments and agencies as the President con- cern about our food supply. We can no within the United States. The emerg- siders appropriate. longer take for granted that our food (c) REPORT.—Not later than 60 days after ing potential for mad cow disease in the date of enactment of this Act, the task supply will not be tainted by bovine the United States would also raise dev- force shall submit to Congress a report spongiform encephalopathy, BSE, com- astating health implications for hu- that— monly known as Mad Cow Disease, mans. We cannot, in good conscience, (1) describes actions that are being taken, which has infected over 175,000 cattle in take a chance that would allow an out- and will be taken, to prevent the outbreak of Great Britain and Europe. We also break to occur in the U.S. which would bovine spongiform encephalopathy, foot-and- should be concerned about the growing destroy America’s cattle industry and mouth disease and related diseases in the United States; and threat of foot-and-mouth disease and devastate consumers’ confidence in our other associated diseases to America’s (2) contains any recommendations for leg- food supply. islative and regulatory actions that should meat supply. In my home state of Colorado alone be taken to prevent the outbreak of bovine The bill I introduce today establishes there are more than 3.15 million head spongiform encephalopathy, foot-and-mouth a Federal Interagency Task Force, to of cattle and more than 12,000 beef pro- disease and related diseases in the United be chaired by the Secretary of Agri- ducers. Nationwide, Colorado ranks 4th States. culture, for the purpose of coordinating in cattle on feed and 10th in overall actions to prevent the outbreak of Mad [From ABCNEW.com: ‘‘20.20’’ Feature, Mar. cattle numbers. Nearly one-third of 3, 2001] Cow Disease. The agencies will include Colorado counties are classified as ei- COULD MAD COW REACH AMERICA? the Secretary of Agriculture, the Sec- ther economically dependent on the SOME SCIENTISTS WORRY THE U.S. IS NOT retary of Commerce, the Secretary of cattle industry or a vital role in their TAKING PROTECTIVE MEASURES Health and Human Service, the Sec- economies. It is critical that we in Across Europe, hundreds of thousands of retary of Treasury, the Commissioner Congress do everything we can to pro- of the Food and Drug Administration, cows and bulls suspected of having mad cow tect this industry in Colorado and disease have been ground up and stored in the Director of the National Institutes across the country. huge mounds in airplane hangars—still in- of Health, the Director of the Centers Over the past two months, there has fected and dangerous to humans. Others are for Disease Control, the Commissioner been a series of news reports which being incinerated but the ashes themselves of Customs, and any other agencies the highlight the spread of Mad Cow in Eu- are contaminated. President deems appropriate. rope. Newsweek ran a cover story, ABC Michael Hansen, of the consumer advocacy No later than 60 days after the enact- group the Consumers Union, says the infec- aired a provocative story and countless tious strain is ‘‘virtually indestructible . . . ment of this legislation the task force other reports have shown the potential will submit to Congress a report which it defies all of our thinking about what liv- situation we could face. And, today, ing things are and how they should act.’’ will describe the actions the agencies the crisis surrounding foot-and-mouth No cases of mad cow disease have been are taking and plan to take to prevent disease is on the front page of our found yet in the United States, but some say the spread of BSE and make rec- major newspapers. With the focus shift- America is not in the clear. ommendations for the future preven- ing to the United States, consumers POSSIBLE THREAT IN UNITED STATES tion of the spread of this disease to the are becoming wary and growing more Professor Richard Lacey is one of the lead- United Sates. The Task Force should concerned about the potential of the ing experts on mad cow disease and was one also consider and report on foot-and- spread of the disease to our shores. of the first to sound the alarm in Britain. He mouth disease, chronic wasting disease The Mad Cow Prevention Act of 2001 says America needs to be very much on the alert. ‘‘It is just possible that there is no and other diseases associated with our I introduce today is a necessary step meat industries. mad cow disease in the U.S.A., but I believe towards addressing the potential dis- it’s more likely there is, but not detected Recently, a situation developed in aster of this disease in our country. I yet,’’ he says. Texas prompting the quarantine of urge my colleagues to support its Lacey, a microbiologist at Leeds Univer- over a 1000 head of cattle. The animals speedy passage. sity in England, was perhaps the most out- were quickly purchased and taken out I ask unanimous consent that recent spoken scientist to warn British authorities of the food chain by Purina. But, this news clips, and the text of the bill be that human could contract bovine incident shows how easily a contami- spongiform encephalopathy by eating in- printed in the RECORD. fected beef. The warning was largely ignored nation may start. It also has raised There being no objection, the addi- questions on how this disease can be and dismissed as scientifically impossible tional material was ordered to be until five years ago when people began to controlled. printed in the RECORD, as follows: die. In order to address this problem, on S. 534 Victims of the degenerative brain disease February 9, 2001, I wrote to Secretary lose their motor skills and slowly waste Be it enacted by the Senate and House of Rep- away. There is no vaccine and no treatment, Veneman and requested a report from resentatives of the United States of America in which is why Lacey is concerned that the the USDA regarding our government’s Congress assembled, United States isn’t doing all it could to pro- response to mad cow disease specifi- SECTION 1. SHORT TITLE. cally addressing: what USDA is doing tect itself. This Act may be cited as the ‘‘Mad Cow The U.S. banned British beef and cattle to address this problem; what other Prevention Act of 2001’’. products in 1989 and the American beef in- federal agencies are doing; what any SEC. 2. INTERAGENCY TASK FORCE. dustry has taken additional precautions. The future plans are; and how USDA pro- (a) IN GENERAL.—There is established a head of the National Cattleman’s Beef Asso- poses to prevent the introduction and Federal interagency task force, to be chaired ciation, Chuck Shroeder, says that along March 14, 2001 CONGRESSIONAL RECORD — SENATE S2317 with federal regulators, his group has actu- Meanwhile, some members of Congress forts are far weaker than most people real- ally gone through mock drills to prepare for have asked for an investigation into whether ize. And in many of the developing countries the discovery of mad cow disease. Contain- the government should be taking additional that now face the greatest risk, such efforts ment procedures have been planned and a steps to protect against the spread of mad are nonexistent. How many of the world’s full-scale public relations campaign is ready cow disease should it arrive in this country. cattle are now silently incubating BSE? How to go. ‘‘We’re not just whistling on our way many people are contracting it? The truth is, past the graveyard on this,’’ he says. [From Newsweek, Mar. 12, 2001] we don’t know. ‘‘We have no idea how many Shroeder is confident that necessary meas- CANNIBALS TO COWS: THE PATH OF A DEADLY deaths we’re going to seek in the coming ures have been taken and protections in DISEASE years,’’ says Dr. Frederic Saldmann, a place. ‘‘If the disease were ever discovered French physician who has recently seen both (By Geoffrey Cowley) here, we could number one, identify it, num- cows and people stricken in his country. ber two contain it, and number three, elimi- Health officials say they’ve got Mad Cow ‘‘We’ve been checkmated.’’ nate it as quickly as possible.’’ The govern- under control, but millions of unaware people Mad cow is the creepiest in a family of dis- ment reports that its inspectors have yet to may be infected. Why it could still turn into an orders that can make Ebola look like chick- find a single cow with mad cow disease in the epidemic. enpox. Scientists are only beginning to un- U.S. Peter Stent was a seasoned dairyman, but derstand these afflictions. Known as trans- FEEDING CATTLE TO CATTLE he had never seen anything like this. Just missible spongiform encephalopathies, or How was mad cow disease able to spread before Christmas, in 1984, one of his cows at TSEs, they arise spontaneously in species as from cow to cow in England and elsewhere in Pitsham Farm in South Downs, England, varied as sheep, cattle, mink, deer and peo- Europe? started shedding weight, losing its balance ple. And once they take hold they can A key reason, Lacey says, was the practice and acting as skittish as a cat. spread. Some TSEs stick to a single species, of including group-up remnants of cattle in When the vet came to investigate, the ani- while others ignore such boundaries. But cattle feed. This practice was widespread in mal was acting completely crazy—drooling, each of them is fatal and untreatable, and Europe and, to a lesser extent, the United arching its back, waving its head, threat- they all ravage the brain—usually after long States. ening its peers. And by the time it died six latency periods—causing symptoms that can Lacey refers to this as a kind of forced ani- weeks later, Stent was seeing the same range from dementia to psychosis and paral- mal cannibalism. symptoms in other cows. Nine were soon ysis. If the prevailing theory is right, they’re When mad cow disease broke out, the prac- dead, and no one could explain why. The vet caused not by germs but by ‘‘prions’’—nor- tice of feeding cattle back to cattle was dubbed the strange malady Pitsham Farm mal protein molecules that become infec- stopped in England, but it continued in the syndrome, since it didn’t seem to exist any- tious when folded into abnormal shapes. United States until four years ago. And Han- where else. Little did he know. Prions are invisible to the immune system, sen says other potentially dangerous feeding Alison Williams was 20 years old at the yet tough enough to survive harsh solvents practices now banned in the U.K. continue in time, and living in the coastal village of and extreme temperatures. You can freeze the United States today. Caernarfon, in north Wales. She was bright them, boil them, soak them in formaldehyde It remains legal in the United States, for and outgoing, a business student who loved or carbolic acid or chloroform, and most will example, to ‘‘grind up cattle, feed them to to sail and swim in the nearby mountain emerge no less deadly than they were. pigs, and then grind up the pigs and feed lakes. but her personality changed suddenly them to the cows,’’ says Hansen. Lacey calls when she was 22. She lost interest in other [From the Washington Post, Mar. 14, 2001] this a ‘‘real danger,’’ that ‘‘must be stopped people, her father recalls, and quit school to U.S. ADDS TO BAN ON EUROPEAN MEATS— immediately.’’ live at home with her parents and her broth- FOOT-AND-MOUTH EPIDEMIC IS CITED But government and industry officials say er. She still enjoyed the outdoors, but she (By David Brown) there’s no reason to follow Europe in ban- took to sitting alone on her bed, staring out ning the practice, because there’s no evi- the window for hours at a time. By 1992, Ali- The Agriculture Department yesterday dence to date that the disease can spread be- son was having what her doctors diagnosed banned importation of most pork and goat tween pigs and cattle. as nervous breakdowns, and by 1995 she had products from the 15 European Union coun- Lacey says nevertheless the United States grown paranoid and incontinent. ‘‘A month tries to protect American livestock from an should adopt the same ban as a precaution: before she died, she went blind and lost use epidemic of foot-and-mouth disease causing ‘‘My advice to the U.S. authorities is to sim- of her tongue,’’ her dad recalls. ‘‘She spent panic overseas. ply ban the incorporation of animal remains her last five days in a coma.’’ Canada instituted a similar ban yesterday in animal feed.’’ in an effort to keep the highly contagious SOMETHING BIGGER? But Shroeder defends U.S. practices. ‘‘We animal disease out of North America. Foot- have been driven here by the best science Anyone with a television has heard such and-mouth does not spread to human beings, that we can access, we have protected the stories, maybe even sussed out the connec- but can kill or severely sicken animals. The U.S. beef supply very, very carefully,’’ he tion between them. Mad-cow disease, or bo- disease was last seen in the United States in says. vine spongiform encephalopathy (BSE), has 1929, and in Canada in 1952. CHRONIC WASTING DISEASE: A DIFFERENT killed nearly 200,000 British and European An epidemic of the disease broke out in STRAIN? cattle since it cropped up on Pitsham Farm. England last month and French officials con- There’s another concern no so easily an- The human variant that Alison Williams firmed yesterday that it had found foot-and- swered. There is growing concern about a contracted has claimed 94 lives as well. What mouth in a herd of cattle in the nation’s possible American version of mad cow dis- few of us realize is that these tolls could northwest region. It was the first detection ease showing up in deer and elk in the West. mark the beginning of something vastly big- of the viral infection in the country since It is called chronic wasting disease and some ger. No one knows just how BSE first 1981 and the first case on the continent since suspect it has already claimed human lives. emerged. But once a few cattle contracted it, the British outbreak began. Hansen says this chronic wasting disease is 20th-century farming practices guaranteed While the economic impact of the U.S. ban dangerously similar to mad cow disease. that millions more would follow. For 11 is relatively small, the move illustrates the ‘‘It’s a different strain of the disease and it years following the Pitsham Farm episode, level of concern about this pathogen in par- appears to be spreading in the wild,’’ he says. British exporters shipped the remains of ticular, and the ease of spread of infectious Tracie McEwen believes her 30-year-old BSE-infected cows all over the world, as cat- diseases across national boundaries in gen- husband Doug, who ate elk all his life, may tle feed. The potentially tainted gruel eral. have been a victim. He died of a rare brain reached more than 80 countries. And millions The ban will cover about $294 million disorder normally only seen in people older of people—not only in Europe but through- worth of meat products and about $1 million than 55, with symptoms remarkably similar out Russia and Southeast Asia—have eaten in live animals. The vast majority of the to those who died the slow, agonizing death cattle that were raised on it. meat is pork from Denmark and other Scan- of mad cow disease in England. It’s possible, of course, that the worst is al- dinavian countries. The death of Tracie McEwen’s husband and ready behind us. After dithering for a decade, Certain dairy products, such as hard that of two others under the age of 30 have governments in the United Kingdom and Eu- cheeses and yogurt, will not be covered by raised questions for health officials con- rope have lately taken bold steps to control the ban. Canned hams also will not be af- cerned about the similarity to mad cow dis- BSE. The number of bovine cases is now fall- fected by the ban. Importation of horses will ease. ing in Britain—and the United States has be permitted. Lacey thinks the ‘‘link between eating yet to even report one. American officials ‘‘This temporary ban is in place for USDA deer and getting a type of mad cow disease is banned British cattle feed in 1988, as soon as to take time to assess our exclusion efforts very plausible,’’ and it’s one more reason scientists implicated it in BSE, and later as a precaution to ensure that we do not get’’ that American authorities shouldn’t think barred the recycling of domestic cows as foot-and-mouth disease in the United States, they have all the answers about the disease. well. The U.S. government, the cattle indus- said department spokeswoman Meghan He says, ‘‘you have to act on the assumption try and many experts now voice confidence Thomas. that the disease may well be there, because in the nation’s fire wall and say the risk to A spokeswoman for the European Commis- if you wait until you know it’s there, then consumers is slight. In truth, however, sion expressed surprise at yesterday’s an- it’s too late.’’ America’s safeguards and surveillance ef- nouncement, saying the organization learned S2318 CONGRESSIONAL RECORD — SENATE March 14, 2001 of it from reporters. ‘‘We’ve had no formal now gearing up large-scale compensation northwestern France. Officials said farmers prior notification,’’ said Maeve O’Beirne. programs. in the area had imported sheep from Britain, ‘‘We don’t know what the definitive list [of which is at the center of the current out- banned products] O’Beirne. ‘‘We don’t know [From the New York Times, Mar. 14, 2001] break and has already slaughtered about what the definitive list [of banned products] MEAT FROM EUROPE IS BANNED BY U.S. AS 170,000 animals to contain the disease. will be. This is, hopefully, a temporary meas- ILLNESS SPREADS The disease, which is so infectious that it ure.’’ (By Christopher Marquis and Donald G. can be spread by footwear and cars, appeared The value of the products is small com- McNeil Jr.) in France despite tight precautions. The in- pared to total meat imports to the United fected dairy farm, near La Baroche-Gondouin States, although not trivial. Total pork im- WASHINGTON, March 13.—The United States in the Mayenne district, was inside an isola- ports from all countries last year totaled banned imports of animals and animal prod- tion zone. slightly more than $1 billion in value. Beef ucts from the European Union today after and veal imports from all sources in 1999 learning that foot-and-mouth disease had By Mr. BINGAMAN (for himself, were worth $2.1 billion. spread to France from Britain. The Agriculture Department said it was Mr. MCCAIN, Mr. DASCHLE, Mr. This latest move almost eliminates non- BAUCUS, Mrs. CLINTON, Mr. fish meat imports from Europe. Beef imports taking the precaution to protect the domes- DOMENICI, Mr. FEINGOLD, Mr. from Britain were banned in 1989 as protec- tic industry from a possible outbreak of the tion against bovine spongiform virus, which could cost the American indus- KENNEDY, Mr. JOHNSON, Mrs. encephalopathy, also known as ‘‘mad cow try billions of dollars in just one year. MURRAY, Ms. STABENOW, and disease.’’ Beef and sheep products have also The virus poses little danger to people, Mr. WELLSTONE): been banned from other European countries. even if they eat the meat of infected ani- S. 535. A bill to amend title XIX of Nicholas D. Giordano, international trade mals. But it is virulently contagious and is the Social Security Act to clarify that specialist with the National Pork Producers devastating for cattle, swine, sheep, deer and other cloven-hoofed animals, which it gen- Indian women with breast or cervical Council, said the pork imported from Europe cancer who are eligible for health serv- consists mostly of ribs produced in Denmark. erally debilitates and often leaves unable to The United States is a net exporter of pork, grow or produce milk. ices provided under a medical care pro- and European imports equal about 1 percent The ban, which applies to exports from all gram of the Indian Health Service or of of U.S. pork production, he said. 15 countries of the European Union, prompt- a tribal organization are included in Non-meat products covered by the new ban ed some European officials to complain that the optional medicaid eligibility cat- consist mostly of purebred pigs and pig the Bush administration was overreacting. egory of breast or cervical cancer pa- seman, an Agriculture Department official But three members of the European Union—Belgium, Portugal and Spain—are tients added by the Breast and Cervical said. Cancer Prevention and Treatment Act The ban was also praised by Sen. Tom Har- closing their borders to French meat, as is kin (D–Iowa), a member of the Senate Agri- Switzerland. Norway banned imports of of 2000; to the Committee on Indian Af- culture Committee from a large pork-pro- French farm products, and Germany and fairs. ducing state. Italy took protective measures. Canada also Mr. BINGAMAN. Mr. President, I rise ‘‘If [the disease] were to return to America, banned meat imports from the European today to introduce legislation with 11 the results would be absolutely dev- Union, as well as from Argentina, which has original cosponsors, including Senators found foot-and-mouth disease in the north- astating,’’ he said in a statement. ‘‘USDA is MCCAIN and DASCHLE, entitled the ‘‘Na- taking the right step in temporarily banning west. Argentina said it would voluntarily re- tive American Breast and Cervical Can- strict beef exports. imports . . . Right now we just don’t know cer Treatment Technical Amendment how far this disease has spread. It is common Kimberley Smith, a spokeswoman for the sense to take protective measures.’’ Agriculture Department, said many items Act of 2001.’’ The legislation makes a Although horses can still be brought from including most cheeses and cured or cooked simple, yet important, technical Europe to the United States, they must be meats, are not affected because they are change to the ‘‘Breast and Cervical cleaned and disinfected, along with any heated in a way that kills the virus. Cancer Treatment and Prevention Act’’ equipment that accompanies them, said The ban is expected to hit pork producers by correcting a provision of last year’s Thomas, the USDA spokeswoman. Straw and the most. European beef is already banned bill to ensure the coverage of breast by the United States because of mad cow dis- manure are burned. and cervical cancer treatment for Na- Agriculture officials have alerted airports ease, which can cause fatal Creutzfeldt- and ports of entry to more closely inspect Jakob disease in humans. tive American women. travelers from Europe for products that The Agriculture Department is ‘‘taking The National Breast and Cervical might possibly carry the foot-and-mouth this time to assess our exclusion activities Cancer Early Detection Program, fund- virus. Food-sniffing dogs are being used in as a precaution to ensure that we don’t get ed through the Centers for Disease some places. The virus can persist in feed foot-and-mouth disease in the United Control and Prevention, CDC, supports and environmental surfaces for weeks, and States,’’ Ms. Smith said. She said the depart- screening activities in all 50 states and people reporting visits to farms or contact ment could not say how long the ban would through 15 American Indian/Alaska Na- last. with livestock must have any footwear dis- tive organizations. However, the CDC infected. Department officials did not detail which French Agriculture Minister Jean Glavany European products would be subject to the program provides funding only for yesterday announced that the disease had ban. But they said it would prohibit the im- screening services and not for treat- been found among cattle on a farm in portation of live swine, pork and meat from ment. Mayenne, between Paris and the Atlantic sheep and goats, regardless of whether it is Last year’s bill, which passed the coast. The disease was evidently carried by fresh or frozen. Yogurt and most cheeses Senate by unanimous consent and had sheep imported from Britain to a nearby would be permitted, they said, because those 76 cosponsors, gives states the option farm, and then spread to the Mayenne cows. sold in the United States are made from pas- to extend Medicaid treatment coverage In Britain, more than 120,000 carcasses teurized milk. have been burned because of the disease, the Canned ham or any other food products to certain women who have been Agriculture Ministry said, with another that have been heated above 175 degrees screened by programs operated under 50,000 due for destruction. Separate cases Fahrenheit are permitted because such proc- the National Breast and Cervical Can- have broken out at more than 200 farms and essing inactivates the virus, the officials cer Early Detection Program and diag- sluaghterhouses. said. nosed as having breast or cervical can- France has burned some 20,000 sheep that The production of such favored items as cer. Through passage of the ‘‘Breast were imported from Britain before the out- French brie and Italian prosciutto is closely and Cervical Cancer Treatment and break was known, and another 30,000 home- monitored to meet stringent export stand- grown animals that might have been ex- ards, she said, so they are not affected by to- Prevention Act,’’ for those women not posed. Most other European countries have day’s ban. Brie entering the United States is otherwise eligible for Medicaid, States also burned animals imported from Britain. made from pasteurized milk and is consid- may elect to expand their Medicaid Now, they will presumably burn any recent ered safe. programs to provide breast and cer- imports from France as well—as some parts A spokesman for the European Commission vical cancer treatment as an optional of Germany started doing yesterday. in Washington, Gerry Kiely, said the ban benefit and receive an enhanced federal The basic approach is to kill and burn any would cost European exporters as much as match to encourage participation. animal that may have been exposed to the $458 million a year in sales. The agriculture Last year’s legislation restricts Med- disease. The animals are lined up, shot, and department put the cost at $400 million at then piled around gasoline-stacked timbers most. icaid treatment coverage to those who for burning. Farms where even a single case Earlier today French officials confirmed have no ‘‘creditable coverage’’ or treat- was suspected now have no animals left—and that foot-and-mouth disease was found ment options. Unfortunately, the term thus no source of income. Governments are among cattle at a dairy farm in Laval, in ‘‘creditable coverage’’ is defined under March 14, 2001 CONGRESSIONAL RECORD — SENATE S2319 the Act to include the Indian Health (c) EFFECTIVE DATES.— the ability to control his or her most Service, IHS. In short, the reference to (1) BCCPTA TECHNICAL AMENDMENT.—The personal behavioral profile. Where they IHS in the law effectively excludes In- amendment made by subsection (a) shall go, who they see, what they buy and dian women from receiving Medicaid take effect as if included in the enactment of when they do it, all of these are per- the Breast and Cervical Cancer Prevention breast and cervical cancer treatment, and Treatment Act of 2000 (Public Law 106– sonal decisions that the majority of as provided for under last year’s bill, 354; 114 Stat. 1381). Americans do not want monitored and regardless of whether a State chooses (2) BIPA TECHNICAL AMENDMENTS.—The recorded under the watchful eye of cor- to provide that coverage. Not only does amendments made by subsection (b) shall porate America. the definition deny coverage to Native take effect as if included in the enactment of Colleagues in the Senate, I hope you American women, but the provision section 702 of the Medicare, Medicaid, and will join me in an effort to give the runs counter to the general Medicaid SCHIP Benefits Improvement and Protection people what they want, the ability to rule treating IHS facilities as full Med- Act of 2000 (as enacted into law by section control the indiscriminate sharing of icaid providers. My legislation corrects 1(a)(6) of Public Law 106–554). their own personal, and private, con- these issues. By Mr. SHELBY: sumption habits. During 2001, almost 50,000 women are S. 536. A bill to amend the Gramm- f expected to die from breast or cervical Leach-Bliley Act to provide for a limi- SUBMITTED RESOLUTIONS cancer in the United States despite the tation on sharing of marketing and be- fact that early detection and treat- havioral profiling information, and for ment of these diseases could substan- other purposes; to the Committee on SENATE RESOLUTION 60—URGING tially decrease this mortality. While Banking, Housing, and Urban Affairs. THE IMMEDIATE RELEASE OF passage of last year’s bill makes sig- Mr. SHELBY. Mr. President, I rise KOSOVAR ALBANIANS WRONG- nificant strides to address this prob- today to introduce the ‘‘Freedom from FULLY IMPRISONED IN SERBIA, lem, it fails to do so for Native Amer- Behavioral Profiling Act of 2001.’’ This AND FOR OTHER PURPOSES ican women and that must be changed legislation would require financial in- Mr. SMITH of Oregon submitted the as soon as possible. stitutions to provide proper notice and following resolution; which was re- In support of Native American obtain permission from a consumer be- ferred to the Committee on Foreign women across this country that are fore they could buy, sell or otherwise Relations: being diagnosed through CDC screening share an individual’s behavioral pro- activities as having breast or cervical file. S. RES. 60 cancer, my legislation would assure Everyone recognizes the importance Whereas the Military-Technical Agree- that they can also access much needed of insuring the accuracy and security ment Between the International Security Force (‘‘KFOR’’) and the Governments of the treatment through the Medicaid pro- of credit and debit card transactions. gram. I urge its immediate adoption. Federal Republic of Yugoslavia and the Re- Without basic safety features, con- public of Serbia (concluded June 9, 1999) I request unanimous consent that the sumers would avoid non-cash trans- ended the war in Kosovo; text of the bill be printed in the actions and our economy would greatly Whereas in June 1999, the armed forces of RECORD. suffer as a result. However, financial the Federal Republic of Yugoslavia (Serbia There being no objection, the bill was institutions have taken their data and Montenegro) (in this resolution referred ordered to be printed in the RECORD, as gathering efforts far beyond what is to as the ‘‘FRY’’) and the police units of Ser- follows: necessary to protect consumers from bia, as they withdrew from Kosovo, trans- ferred approximately 1,900 ethnic Albanians S. 535 fraud, inaccurate billing and theft. Be it enacted by the Senate and House of Rep- between the ages of 13 and 73 from prisons in Companies are using transactional Kosovo to Serbian prisons; resentatives of the United States of America in records generated by debit and credit Congress assembled, Whereas some ethnic Albanian prisoners card use and are developing detailed that were tried in Serbia were convicted on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Native consumer profiles. From these files false charges of terrorism, as in the case of American Breast and Cervical Cancer Treat- they know the food you eat, the drugs Dr. Flora Brovina; ment Technical Amendment Act of 2001’’. you must take, the places you go, and Whereas the Serbian prison directors at Pozarevac prison stated that of 600 ethnic SEC. 2. CLARIFICATION OF INCLUSION OF INDIAN the books you read, as well as every Albanian prisoners that arrived in June 1999, WOMEN WITH BREAST OR CERVICAL other thing about you that can be CANCER IN OPTIONAL MEDICAID 530 had no court documentation of any kind; gleaned from your buying habits. Whereas 640 of the imprisoned Kosovar Al- ELIGIBILITY CATEGORY. Troubling as it is that financial insti- (a) TECHNICAL AMENDMENT.—The sub- banians were released after being formally section (aa) of section 1902 of the Social Se- tutions are assembling such profiles, I indicted and sentenced to terms that curity Act (42 U.S.C. 1396a) added by section find it even more worrisome that these matched the time already spent in prison; 2(a)(2) of the Breast and Cervical Cancer Pre- companies are selling and trading these Whereas representatives of the FRY gov- vention and Treatment Act of 2000 (Public intimate details without consumer ernment received thousands of dollars in Law 106–354; 114 Stat. 1381) is amended in knowledge or consent. In as much, ransom payments from Albanian families for paragraph (4) by inserting ‘‘, but applied ‘‘your’’ sensitive personal information the release of prisoners; Whereas the payment for the release of a without regard to paragraph (1)(F) of such has become a commodity bought and section’’ before the period at the end. Kosovar Albanian from a Serbian prison var- (b) BIPA TECHNICAL AMENDMENTS.— sold like some latter day widget. I be- ied from $4,300 to $24,000, depending on their (1) Section 1902 of the Social Security Act lieve the American people have the social prestige; (42 U.S.C. 1396a), as amended by section right to be informed of these activities Whereas Kosovar Albanian lawyers, includ- 702(b) of the Medicare, Medicaid, and SCHIP and should have the option to decide ing Husnija Bitice and Teki Bokshi, who are Benefits Improvement and Protection Act of for themselves whether or not their fighting for fair trials of the imprisoned have 2000 (as enacted into law by section 1(a)(6) of personal information is shared or sold. been severely beaten; Public Law 106–554), is amended by redesig- I find it quite ironic that the very in- Whereas approximately 600 Kosovar Alba- nating the subsection (aa) added by such sec- stitutions that work so hard to secure nians remain imprisoned by government au- tion as subsection (bb). thorities in Serbia; (2) Section 1902(a)(15) of the Social Secu- sensitive corporate information are the Whereas the Geneva Conventions of August rity Act (42 U.S.C. 1396a(a)(15)), as added by same companies that work so hard to 12, 1949, and their protocols give the inter- section 702(a)(2) of the Medicare, Medicaid, exploit the personal information of national community legal authority to press and SCHIP Benefits Improvement and Pro- consumers. Unfortunately, it would for, in every way possible, the immediate re- tection Act of 2000 (as so enacted into law), seem that corporate America has de- lease of political prisoners detained during a is amended by striking ‘‘subsection (aa)’’ and cided that the ‘‘Golden Rule’’ is not ap- period of armed conflict; inserting ‘‘subsection (bb)’’. plicable in the Information Age. Whereas, on July 16, 1999, the United Na- (3) Section 1915(b) of the Social Security The American people are only now tions Mission in Kosovo (UNMIK) Special Act (42 U.S.C. 1396n(b)), as amended by sec- becoming aware of the behavioral Representative to the Secretary General, tion 702(c)(2) of the Medicare, Medicaid, and Bernard Kouchner, formed an UNMIK com- SCHIP Benefits Improvement and Protection profiling practices of the industry. The mission on prisoners and missing persons for Act of 2000 (as so enacted into law), is more they find out, the more they do the purpose of advocating the immediate re- amended by striking ‘‘1902(aa)’’ and inserting not like it. That is why I am offering lease of prisoners in four categories: sick, ‘‘1902(bb)’’. this legislation, to give the consumer wounded, children, and women; S2320 CONGRESSIONAL RECORD — SENATE March 14, 2001 Whereas on March 15, 2000, the Kosovo amend title II, United States Code, and audit was filed. Transition Council, a co-governing body with for other purposes; as follows: SEC. ll. PROHIBITION ON ASSERTING CLAIMS the Interim Administrative Council in Strike all after the words ‘‘Section 1’’ and IN CASES OF VIOLATIONS OF THE PRIVACY PROTECTIONS OF THE Kosovo, repeated an appeal to the United Na- insert the following: tions Security Council requesting the release GRAMM-LEACH-BLILEY ACT. of Kosovar Albanians imprisoned in Serbia; (The language of the amendment is A creditor that fails to comply with the fi- Whereas on February 26, 2001, the FRY As- the text of bill S. 420, as reported from nancial privacy requirements of subtitle A of sembly enacted an Amnesty Law under the Committee on the Judiciary, begin- title V of the Gramm-Leach-Bliley Act (15 which only 108 of the 600 prisoners are eligi- ning with the word ‘‘SHORT’’ on page U.S.C. 6801 et seq.) may not assert any claim ble for amnesty; and 1, line 3.) under this Act or any amendment made by Whereas Vojislav Kostunica, as President this Act against any debtor for the amount of the Federal Republic of Yugoslavia (Ser- SA 97. Mr. LEAHY submitted an of a debt that the debtor accrues on a credit bia and Montenegro), is responsible for the amendment intended to be proposed to card that is issued in violation of any such policies of the FRY and of Serbia: Now, amendment SA 82 submitted by Mr. financial privacy requirements. therefore, be it SESSIONS and intended to be proposed Resolved, SA 101. Mr. LEAHY submitted an to the bill (S. 420) to amend title II, SECTION 1. URGING THE IMMEDIATE RELEASE amendment intended to be proposed to OF ALL KOSOVAR ALBANIAN PRIS- United States Code, and for other pur- amendment SA 59 submitted by Mr. ONERS WRONGFULLY IMPRISONED poses; which was ordered to lie on the SESSIONS and intended to be proposed IN SERBIA. table; as follows: to the bill (S. 420) to amend title II, The Senate hereby— On page 1, line 3, strike ‘‘TREASURY’’ and (1) calls on FRY and Serbian authorities to United States Code, and for other pur- all that follows through the end of the poses; which was ordered to lie on the provide a complete and precise accounting of amendment and insert the following: table; as follows: all Kosovar Albanians held in any Serbian PROHIBITION ON ASSERTING CLAIMS IN CASES prison or other detention facility; OF VIOLATIONS OF THE PRIVACY On page 3, strike line 14, and insert the fol- (2) urges the immediate release of all PROTECTIONS OF THE GRAMM- lowing: Kosovar Albanians wrongfully held in Ser- LEACH-BLILEY ACT. the terms of clause (i). bia, including the immediate release of all A creditor that fails to comply with the fi- SEC. ll. PROHIBITION ON ASSERTING CLAIMS Kosovar Albanian prisoners in Serbian cus- nancial privacy requirements of subtitle A of IN CASES OF VIOLATIONS OF THE tody arrested in the course of the Kosovo title V of the Gramm-Leach-Bliley Act (15 PRIVACY PROTECTIONS OF THE conflict for their resistance to the repression U.S.C. 6801 et seq.), may not assert any claim GRAMM-LEACH-BLILEY ACT. of the Milosevic regime; and under this Act or the amendments made by A creditor that fails to comply with the fi- (3) urges the European Union (EU) and all this Act, against any debtor for the amount nancial privacy requirements of subtitle A of countries, including European countries that of a debt that the debtor accrues on a credit title V of the Gramm-Leach-Bliley Act (15 are not members of the EU, to act collec- card that is issued in violation of any such U.S.C. 6801 et seq.) may not assert any claim tively with the United States in exerting financial privacy requirements. under this Act or any amendment made by pressure on the government of the FRY and this Act against any debtor for the amount of Serbia to release all prisoners described in SA 98. Mr. LEAHY submitted an of a debt that the debtor accrues on a credit paragraph (2). amendment intended to be proposed to card that is issued in violation of any such f amendment SA 58 submitted by Mr. financial privacy requirements. SESSIONS and intended to be proposed AMENDMENTS SUBMITTED AND to the bill (S. 420) to amend title II, SA 102. Mr. LEAHY submitted an PROPOSED United States Code, and for other pur- amendment intended to be proposed to SA 96. Mr. HATCH proposed an amendment poses; which was ordered to lie on the amendment SA 45 submitted by Mr. to amendment SA 93 proposed by Mr. Reid to table; as follows: BOND and intended to be proposed to the bill (S. 420) to amend title II, United On page 1, line 2, strike ‘‘EXPEDITED’’ and the bill (S. 420) to amend title II, States Code, and for other purposes. all that follows through the end of the United States Code, and for other pur- SA 97. Mr. LEAHY submitted an amend- amendment and insert the following: poses; which was ordered to lie on the ment intended to be proposed to amendment PROHIBITION ON ASSERTING CLAIMS IN CASES table; as follows: SA 82 submitted by Mr. Sessions and in- OF VIOLATIONS OF THE PRIVACY On page 2, strike line 12, and insert the fol- tended to be proposed to the bill (S. 420) PROTECTIONS OF THE GRAMM- lowing: supra; which was ordered to lie on the table. LEACH-BLILEY ACT. SA 98. Mr. LEAHY submitted an amend- A creditor that fails to comply with the fi- fore the existing deadline expired.’’. ment intended to be proposed to amendment nancial privacy requirements of subtitle A of SEC. ll. PROHIBITION ON ASSERTING CLAIMS SA 58 submitted by Mr. Sessions and in- title V of the Gramm-Leach-Bliley Act (15 IN CASES OF VIOLATIONS OF THE tended to be proposed to the bill (S. 420) U.S.C. 6801 et seq.), may not assert any claim PRIVACY PROTECTIONS OF THE supra; which was ordered to lie on the table. under this Act or the amendments made by GRAMM-LEACH-BLILEY ACT. SA 99. Mr. LEAHY submitted an amend- this Act, against any debtor for the amount A creditor that fails to comply with the fi- ment intended to be proposed to amendment of a debt that the debtor accrues on a credit nancial privacy requirements of subtitle A of SA 88 submitted by Mr. Sessions and in- card that is issued in violation of any such title V of the Gramm-Leach-Bliley Act (15 tended to be proposed to the bill (S. 420) financial privacy requirements. U.S.C. 6801 et seq.) may not assert any claim supra; which was ordered to lie on the table. under this Act or any amendment made by SA 100. Mr. LEAHY submitted an amend- SA 99. Mr. LEAHY submitted an this Act against any debtor for the amount ment intended to be proposed to amendment amendment intended to be proposed to of a debt that the debtor accrues on a credit SA 85 submitted by Mr. Sessions and in- amendment SA 88 submitted by Mr. card that is issued in violation of any such financial privacy requirements. tended to be proposed to the bill (S. 420) SESIONS and intended to be proposed to supra; which was ordered to lie on the table. the bill (S. 420) to amend title II, SA 103. Mr. LEAHY submitted an SA 101. Mr. LEAHY submitted an amend- United States Code, and for other pur- ment intended to be proposed to amendment amendment intended to be proposed to SA 59 submitted by Mr. Sessions and in- poses; which was ordered to lie on the amendment SA 88 submitted by Mr. tended to be proposed to the bill (S. 420) table; as follows: SESSIONS and intended to be proposed supra; which was ordered to lie on the table. On page 1, beginning on line 7, strike ‘‘and to the bill (S. 420) to amend title II, SA 102. Mr. LEAHY submitted an amend- the spouse of the debtor, combined’’ and in- United States Code, and for other pur- ment intended to be proposed to amendment sert ‘‘, or in a joint case, the debtor and the debtor’s spouse’’. poses; which was ordered to lie on the SA 45 submitted by Mr. Bond and intended to table; as follows: be proposed to the bill (S. 420) supra; which was ordered to lie on the table. SA 100. Mr. LEAHY submitted an On page 1, line 3, strike ‘‘No’’ and insert SA 103. Mr. LEAHY submitted an amend- amendment intended to be proposed to the following: ‘‘A creditor that fails to com- ment intended to be proposed to amendment amendment SA 85 submitted by Mr. ply with the financial privacy requirements SA 88 submitted by Mr. Sessions and in- SESIONS and intended to be proposed to of subtitle A of title V of the Gramm-Leach- tended to be proposed to the bill (S. 420) the bill (S. 420) to amend title II, Bliley Act (15 U.S.C. 6801 et seq.), may not supra; which was ordered to lie on the table. assert any claim under this Act or the United States Code, and for other pur- amendments made by this Act against any TEXT OF AMENDMENTS poses; which was ordered to lie on the debtor for the amount of a debt that the SA 96. Mr. HATCH proposed an table; as follows: debtor accrues on a credit card that is issued amendment to amendment SA 93 pro- On page 2, strike line 20, and insert the fol- in violation of any such financial privacy re- posed by Mr. REID to the bill (S. 420) to lowing: quirements. No’’. March 14, 2001 CONGRESSIONAL RECORD — SENATE S2321 NOTICES OF HEARINGS mittee on Finance be authorized to APPOINTMENT COMMITTEE ON AGRICULTURE, NUTRITION, AND meet during the session of the Senate The PRESIDING OFFICER. The FORESTRY on Wednesday, March 14, 2001, to hear Chair, on behalf of the President of the Mr. LUGAR. Mr. President, I would testimony on Encouraging Charitable Senate, and after consultation with the like to announce that the Committee Giving. Democratic leader, pursuant to Public on Agriculture, Nutrition, and For- The PRESIDING OFFICER. Without Law 106–286, appoints the following estry will meet on March 22, 2001, in objection, it is so ordered. members to serve on the Congres- SH–216 at 9 a.m. The purpose of this COMMITTEE ON INDIAN AFFAIRS sional-Executive Commission on the hearing will be to review the Food Mr. HATCH. Mr. President, I ask People’s Republic of China: The Sen- Safety and Inspection Service. ator from Montana (Mr. BAUCUS), the Mr. President, I would also like to unanimous consent that the Com- mittee on Indian Affairs be authorized Senator from Michigan (Mr. LEVIN), announce that the Committee on Agri- the Senator from California (Mrs. FEIN- culture, Nutrition, and Forestry will to meet on Wednesday, March 14, 2001, at 9:30 a.m., in room 485 of the Russell STEIN), and the Senator from North Da- meet on March 29, 2001, in SR–328A at 9 kota (Mr. DORGAN). a.m. The purpose of this hearing will be Senate Office Building to conduct a to review Environmental Trading Op- business meeting to consider the com- f portunities for Agriculture. mittee’s views and estimates on the President’s FY 2002 Budget Request for ORDERS FOR THURSDAY, MARCH SUBCOMMITTEE ON FORESTS AND PUBLIC LAND 15, 2001 MANAGEMENT Indian Programs to be followed imme- Mr. CRAIG. Mr. President, I would diately by a hearing on S. 211, the Na- Mr. GRASSLEY. Mr. President, I ask like to announce for the public that a tive American Education Improvement unanimous consent that when the Sen- hearing has been scheduled before the Act of 2001. ate completes its business today, it ad- Subcommittee on Forests and Public The PRESIDING OFFICER. Without journ until the hour of 9:30 a.m. on Land Management of the Committee objection, it is so ordered. Thursday, March 15. I further ask unanimous consent that on Thursday, on Energy and Natural Resources. COMMITTEE ON THE JUDICIARY The hearing will take place on Thurs- immediately following the prayer, the Mr. HATCH. Mr. President, I ask Journal of proceedings be approved to day, March 29, 2001, at 2:30 p.m., in unanimous consent that the Com- room SD–124 of the Dirksen Senate Of- date, the morning hour be deemed ex- mittee on the Judiciary be authorized pired, the time for the two leaders be fice Building in Washington, DC. to meet to conduct a hearing on The purpose of this hearing is to con- reserved for their use later in the day, Wednesday, March 14, 2001, at 10 a.m., duct oversight on the Administration’s and the Senate resume consideration of in Dirksen 226. National Fire Plan. S. 420. Those who wish to submit written The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without statements should write to the Com- objection, it is so ordered. objection, it is so ordered. mittee on Energy and Natural Re- COMMITTEE ON RULES AND ADMINISTRATION f sources, U.S. Senate, Washington, DC Mr. HATCH. Mr. President, I ask 20510. For further information, please unanimous consent that the Com- PROGRAM call Mark Rey (202) 224–2878. mittee on Rules and Administration be Mr. GRASSLEY. Mr. President, for f authorized to meet during the session the information of all Senators, the AUTHORITY FOR COMMITTEES TO of the Senate on Wednesday, March 14, Senate will immediately resume con- MEET 2001, at 9:30 a.m., to receive testimony sideration of the bankruptcy legisla- on election reform. tion with 10 hours remaining for COMMITTEE ON COMMERCE, SCIENCE, AND postcloture debate. Senator TRANSPORTATION The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask objection, it is so ordered. WELLSTONE will be recognized at 9:30 a.m. to offer any of his germane unanimous consent that the Com- COMMITTEE ON VETERANS’ AFFAIRS amendments. Following his time, Sen- mittee on Commerce, Science, and Mr. HATCH. Mr. President, I ask ator KOHL’s amendment regarding the Transportation be authorized to meet unanimous consent that the Com- homestead issue will be debated for up on Wednesday, March 14, 2001, at 9:30 mittee on Veterans’ Affairs be author- to 90 minutes. Under the previous a.m., on Internet tax. ized to meet to hold a joint hearing order, there will be two votes at 12 The PRESIDING OFFICER. Without with the House Committee on Vet- noon on Leahy amendment No. 19 and objection, it is so ordered. erans’ Affairs to receive the legislative amendment No. 41. Further, amend- COMMITTEE ON ENERGY AND NATURAL presentations of the Disabled American ments will be offered and debated dur- RESOURCES Veterans. The hearing will be held on ing tomorrow’s session, and therefore Mr. HATCH. Mr. President, I ask Wednesday, March 14, 2001, at 10 a.m., votes will occur throughout the day. It unanimous consent that the Com- in room 345 of the Cannon House Office is hoped that we can complete action mittee on Energy and Natural Re- Building. on the bill very early in the evening. sources be authorized to meet during The PRESIDING OFFICER. Without the session of the Senate on Wednes- objection, it is so ordered. f day, March 14, for purposes of con- ducting a full committee business SELECT COMMITTEE ON INTELLIGENCE ADJOURNMENT UNTIL TOMORROW meeting which is scheduled to begin at Mr. HATCH. Mr. President, I ask AT 9:30 A.M. 9:30 a.m. The purpose of this business unanimous consent that the Select Mr. GRASSLEY. Mr. President, if meeting is to consider pending cal- Committee on Intelligence be author- there is no further business to come be- endar business. ized to meet during the session of the fore the Senate, I now ask unanimous The PRESIDING OFFICER. Without Senate on Wednesday, March 14, 2001, consent that the Senate stand in ad- objection, it is so ordered. at 2 p.m., to hold a closed hearing on journment under the previous order. COMMITTEE ON FINANCE intelligence matters. There being no objection, the Senate, Mr. HATCH. Mr. President, I ask The PRESIDING OFFICER. Without at 6:07 p.m., adjourned until Thursday, unanimous consent that the Com- objection, it is so ordered. March 15, 2001, at 9:30 a.m. March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E353 EXTENSIONS OF REMARKS

IN COMMEMORATION OF PHILIP ship, he was awarded the Guardian of Israel of Kansas City. Its outstanding leadership MORSE Award by Shimon Peres. His care for both the serves the community well. Its continuing com- spiritual and physical health of his community mitment to Old Northeast assures the vitality HON. PETER DEUTSCH led to his founding of the Chair for Clinical of this historic neighborhood. OF FLORIDA Studies in Rheumatology at the Ben-Gurion f IN THE HOUSE OF REPRESENTATIVES University where he also served as a Board Member. MONTEREY BAY MEDICAL SUR- Tuesday, March 13, 2001 In short, Mr. Speaker, Philip Morse em- GERY CENTER FIRST EVER IN Mr. DEUTSCH. Mr. Speaker, I rise today to bodies the best of American ingenuity, devo- THE NATION TO BE ACCREDITED commemorate a dear friend and distinguished tion to community, and love of freedom and FOR OFFICE-BASED SURGERY citizen of South Florida, Mr. Philip Morse. Phil- humanity. He was a pioneer of American in- ip Morse’s inspiring courage, successful busi- dustrial development, a virtual institution for HON. SAM FARR ness career, and generous philanthropic initia- South Florida’s Jewish community, and inter- OF CALIFORNIA tives serve as a beacon of American achieve- nationally honored philanthropist. While we IN THE HOUSE OF REPRESENTATIVES ment for the causes of peace, freedom, and mourn his passing, Mr. Morse’s profound leg- Tuesday, March 13, 2001 humanity. Sadly, Mr. Morse passed away on acy will be treasured by current and future March 9, 2001. Today, I wish to celebrate his generations. Mr. FARR of California. Mr. Speaker, I rise life’s achievements and mourn the passing of f today to brag a little. In fact, I rise today to a great American. brag a lot. Why? Because again my district is Mr. Speaker, Philip Morse’s life is a testa- IN HONOR OF THE 50TH ANNIVER- the site of cutting-edge advances in health ment to the triumph of humanity over the SARY OF CENTRAL BANK OF care services and health care technology. greatest adversity, and the limitless opportuni- KANSAS CITY On March 15, the Joint Commission on Ac- ties earned by a hard-working American entre- creditation of Healthcare Organizations preneur. Born as Ephraim Mushacski in HON. KAREN McCARTHY (JCAHO) will accredit the first office-based Wolkowysh, Poland, Phil fled the 1939 Nazi OF MISSOURI surgery practice in the nation. The Monterey invasions of his homeland and the horrors of IN THE HOUSE OF REPRESENTATIVES Bay Medical Surgery Center and practice of the Holocaust. Traveling through Sweden, Robert Mraule, D.D.S., M.D., and David Tuesday, March 13, 2001 Russia, Japan, and Settle, he settled with rel- Perrott, D.D.S., M.D., in Salinas, will be the atives in New York City in 1940. Phil arrived Ms. MCCARTHY of Missouri. Mr. Speaker, I first recipient of this standards-based accred- in America as an impoverished refugee but rise today in tribute to a pillar of the Kansas iting process. through hard work and ingenuity, he realized City community, the Central Bank of Kansas The Monterey Bay Medical Surgery Center his dreams of success and freedom. It was his City. This month marks the 50th anniversary was awarded office-based accreditation fol- unwavering commitment to the values of jus- of Central Bank’s service to the residents and lowing a thorough on-site evaluation. The tice and liberty combined with his entrepre- businesses of Northeast Kansas City. practice was evaluated on its compliance with neurial and innovative spirit which lead to his Chartered in August of 1950, this financial no less than 146 standards that address key great success in business. institution has remained a stronghold in the patient safety and quality issues, such as pa- Phil’s training in the repair and recondi- community throughout the cultural and eco- tient care, staffing, customer service, improv- tioning of industrial machinery led to the cre- nomic changes and growth that have occurred ing care and improving health, and respon- ation of the Morse Electro Products Corp. since it opened its doors. Through expansion sible leadership. where Phil first revolutionized the sewing ma- and innovative services, Central Bank has The Monterey Bay Medical Surgery Center chine, then developed a new way to transform demonstrated and continues to live up to its provides services for patients requiring sur- the cumbersome radio console into a compact commitment and dedication to Northeast Kan- gical intervention, and care of oral and maxil- stereo. This innovation greatly reduced the sas City. lofacial/cosmetic conditions. Digital radiog- cost of stereo production, making stereos af- The American Bankers Association Banking raphy, anesthetic techniques and equipment, fordable for working Americans. In little time, Journal considers Central Bank of Kansas City computerized patient education processes and the Morse Electro Products Corp. became a one of the top performing banks in its cat- electronic records are used there. multi-million dollar company with factories in egory. A leader in community development, More than 8.3 million surgeries were per- New York, Texas, and California, Phil’s entre- the bank joined with Old Northeast, Inc. Com- formed last year in an estimated 41,000 office- preneurial enthusiasm and strong work ethic munity Development Corporation, in 1999, to based surgery sites across the United States. kept his business ventures successful through- construct thirty new homes in the Northeast Experts predict the number will surpass those out the twentieth century. Community for low and moderate income fam- performed in hospitals in another year or two. Mr. Morse’s entrepreneurial spirit was equal- ilies. Central Bank has also partnered with the This trend bespeaks the critical need for ly matched by his commitment to the advance- Kansas City Neighborhood Alliance and standards-based practices, like those devel- ment of knowledge, peace, and freedom both Bishop Sullivan Community Center in an effort oped by JCAHO, in order to protect patients in the United States and abroad. As a Holo- to revitalize housing in the Blue Valley neigh- and ensure only the highest quality of care caust refugee, Phil was a strong supporter of borhood. In addition to promoting housing and from any office-based surgery practice to the Zionist movement and active promoter of small business initiatives such as the First which they avail themselves. business and cultural development in Israel. Step Fund designed to assist small business As the nation’s leading evaluator of safety As a devoted member of his South Florida entrepreneurs, they serve on the Safe Neigh- and quality in healthcare organizations, community, he was a founder of the Aventura borhood Grant Advisory Council, which ad- JCAHO has more than 25 years’ experience in Turnberry Jewish Center-Beth Jacob Syna- dresses the quality of life for the residents. promoting safe, high-quality care for patients gogue and a member of the Beth Jacob’s Quality education is another priority of Cen- seeking care at more than 40 types of out- Board of Directors. tral Bank. They participate in the ‘‘Bank at patient settings. The office-based surgery In addition, Phil has been honored inter- School’’ program which gives fifth grade stu- standards were established specifically for sin- nationally for his commitment to spreading the dents basic bank training. They participate on gle sites of care with up to four physicians, values and culture of Judaism. For his efforts various boards such as the national Academy dentists or podiatrists. to bring together people of all races, religions, Foundation’s business partnership for Amer- JCAHO evaluates and accredits nearly and ethnicity, the Anti-Defamation League ican education. 19,000 health care organizations and pro- awarded Phil the Torch of Liberty Award. In Mr. Speaker, I ask you to join me in cele- grams in the United States. Accreditation is addition, for his visionary philanthropic leader- brating the 50th anniversary of Central Bank recognized nationwide as a symbol of quality

∑ 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 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.000 pfrm01 PsN: E14PT1 E354 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 that indicates that an organization meets cer- Gold Medalist, World Record Holder on the received due to the athletic accomplishments tain performance standards. JCAHO has cer- 100 yard dash and Delano High School grad- of these two track stars, Leamon King and tainly chosen a good place to start its accredi- uate, Leamon has provided a positive role Lon Spurrier were the Grand Marshalls of the tation program of office-based surgery by model for the local youth. Eleventh Annual Harvest Holidays Parade on starting in Salinas. Even more, it has chosen Leamon was born on February 13, 1936 in October 6, 1956. a solid model for others to follow in meeting Tulare, California. His parents were Loyd King During the October 1956 United States the stringent JCAHO standards by choosing and Beatrice Wallace King. They owned a Olympic camp practice meet at Ontario, Cali- Drs. Mraule and Perrott. I congratulate them farm in Earlimart, and Leamon lived there the fornia, Leamon King set his second world on their fine work and urge my colleagues to first year of his life. His father, Loyd King, sold record when he tied the 10.1 time for the join me in acknowledging their contribution to their farm in 1937, and the King family moved world record for 100 meters set by Ira Murchi- health care services on the Central Coast of to Delano, California where Leamon com- son and Willie Williams in Germany the pre- California. pleted his elementary and secondary edu- vious summer. Following this splendid f cation. achievement, Leamon traveled to Australia to Leamon began his education at Ellington represent the City of Delano and the United IN HONOR OF JOHN GALLAGHER School and later transferred to Fremont States. Dr. Clifford Loader, Mayor of Delano, School. His mother wanted him to learn music also traveled to Australia to give support to the HON. DENNIS J. KUCINICH and to play the saxophone. The only elemen- two Delano Olympic participants. OF OHIO tary school in Delano with a band at that time Delano High School Educator Gary Girard, IN THE HOUSE OF REPRESENTATIVES was Cecil Avenue Elementary School, so he who was serving as a staff writer for the Dela- Wednesday, March 14, 2001 transferred to this school. While attending no Record, stated in his article dated Novem- Cecil Avenue and learning music, Leamon Mr. KUCINICH. Mr. Speaker, I rise today in ber 23, 1956, ‘‘King’s Efforts Pulled U.S. to began to excel in track as a sprinter, and was tribute to John Gallagher. Known as ‘‘Bobo’’ Victory in 400-Meter Relay at Olympic Games. ultimately elected student body president. by friends, John Gallagher dedicated himself Dr. Clifford Loader, Mayor of Delano, believes Upon graduation from Cecil Avenue, that it was the running of ex-Delano High star to working for justice and creating a safer Leamon transferred to Delano High School. community. As bailiff for Judge Norm Fuerst, Leamon King that pulled the United States to He attended and won his first state meet at victory in the 400-meter relay at the Olympic Mr. Gallagher strove to fight crime and create the age of fifteen during his freshman year in a more secure community. He worked hard Games in Australia. The U.S. had stiff com- high school. During the next four years, petition from Russia. Loader said that after the and was dedicated to the public interest. Leamon King continued to excel as both a stu- His dedication to his community did not end relay, Thane Baker, another member of the dent and as a runner. This outstanding athlete with his job. In his free time, Mr. Gallagher de- U.S. relay team ran over to hug King, realizing provided a positive image for Delano High voted himself to improving his neighborhood that it was his leg on the relay team that had School and the City of Delano, as well as and creating a better home for his family. His won the race. King received a gold medal for being a positive role model for students to love for his family could be seen in how he his effort on the winning U.S. 400-meter relay emulate. quartet.’’ spoke of them to his friends, neighbors, and Following graduation from Delano High Following the Olympic games, the foursome coworkers. John Gallagher contributed to the School in June 1954, Leamon began to pur- set a New World record. In a meet with the restoration of St. Colman Church and he sue higher education at University of Cali- British Empire, the U.S. team of King, Andy worked tirelessly to support the West Side fornia, Berkeley. He was the first child in his Stanfield, Thane Baker and Bobby Morrow set Irish Club. John Gallagher loved his country family to pursue a college education. The April a new world mark of 1:23.8 for the 880 yard and was active in many political campaigns, 10, 1956 Delano Record stated, ‘‘Delano relay. The old mark was 1:24. working to advance the causes in which he Sprinter Ready for Olympics. Sophomore believed. Leamon King, Delano High School graduate, a According to Leamon King, when he first ar- Even greater than his dedication to his com- young man with wings on his feet, is Califor- rived in Melbourne, he ran on grass and set munity was John Gallagher’s commitment to nia’s newest hope for ‘World’s Fastest Human’ a grass record. It appeared as though every his family. The father of three, John Gallagher honors, and the Bear sprint sensation will time he ran, he would break a record. always worked to help strengthen his family. have ample opportunity to earn such acclaim Bakersfield Californian Staff Writer Kevin He was a loving, caring father who saw the this spring.’’ Eubanks stated ‘‘King’s omission from the 100 importance of creating a safe neighborhood The following month Leamon King tied the meter team certainly didn’t affect his moment for his family to live. He was proud of his fam- world record for the 100-yard dash at the in the spot light. The news that the world’s ily as well as his heritage. John Gallagher was West Coast Relays in Fresno, California. fastest man was not competing in the 100 always quick with a smile, or a kind comment Merle Reed Post 124 First Vice Commander meter race was received as something of a or word of encouragement. John was, in the Joe Viray and former educators Wayne and shock by the rest of the sporting world.’’ For words of a longtime friend, a ‘‘ray of sun- Wava Billingsley witnessed this spectacular his outstanding attributes as an athlete, shine.’’ event. They stated Leamon King’s historic Leamon King served as Grand Marshall for John Gallagher was a model citizen who race was an awesome sight to see. It ap- the Delano Cinco de Mayo Parade, was in- recognized the connection between a strong peared as though Leamon King had wings on ducted into the University of California, Berk- family and a safe community. Throughout his his feet as he majestically flew across the fin- ley Hall of Fame, and the Bob Elias Hall of life, he worked to strengthen both. He will be ish line and into the world record history book. Fame in Bakersfield, California. missed. My fellow colleagues, please help me The Delano Record dated May 15, 1956 During the past twenty-nine years, Leamon in honoring John Gallagher. stated the following: ‘‘King’s 9.3 Dash Brings King has served as an educator in the Delano f Another Record to City. Delano became the area. Mr. King taught for two years in TRIBUTE TO LEAMON KING home of two world champions Saturday when Richgrove prior to transferring to the Delano Leamon King, local resident and former Dela- Union School District where he has served as HON. JOE BACA no High School track star, ran the 100 yards educator for the past twenty-seven years. Mr. dash in 9.3 at the Fresno Relays to tie the King has taught the sixth grade at both Ter- OF CALIFORNIA world record. King’s victory brought another race Elementary and Almond Tree Middle IN THE HOUSE OF REPRESENTATIVES world record to Delano, making it the home of School. During his tenure as an educator for Wednesday, March 14, 2001 one the fastest sprinters and the residence of the Delano Union School District, Mr. Leamon Mr. BACA. Mr. Speaker, I would like to sa- Lon Spurrier, holder of the world record for the King has proven to be an extraordinary educa- lute Leamon King, of California. Leamon has 880. There is no city in the United States the tor and is highly respected. This educator has been recognized by Adelante, California Mi- size of Delano, which can boast two world served as an excellent example for his peers, grant Leadership Council and American Le- champions.’’ as well as our youth. gion Merle Reed Post 124 as an outstanding Both Leamon King and Lon Spurrier were On his sixty-fifth birthday this year, during individual who has made significant contribu- selected to participate in the 1956 Olympics in Black History Month, the Delano Union School tions to the improvement of education opportu- Melbourne, Australia. Delano became the only District named in Leamon’s honor the athletic nities for Latino Children in California. city of its size in the United States to have two facilities at Almond Tree Middle School, which A lifelong educator in the Richgrove and representatives make the 1956 Olympic team. include the school gym and outside athletic fa- Delano Elementary School Districts, Olympic Because of the fame the City of Delano had cilities, including a track and basketball courts.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.045 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E355 It is a pleasure to honor Leamon King, who sented with the Snack Food Association’s IN HONOR OF GEORGE BECKER has made and continues to make a difference (SFA) 2001 Circle of Honor Award. John and for California youth and the Latino community. his wife, Mary, have transformed their small HON. DENNIS J. KUCINICH f company that sold Mexican specialty snacks OF OHIO into the world’s largest producer of pork rinds. IN THE HOUSE OF REPRESENTATIVES CONDEMNING HEINOUS ATROC- In 1984 he was the first non-potato chip man- ITIES THAT OCCURRED AT ufacturer to be elected SFA chairman. John’s Wednesday, March 14, 2001 SANTANA HIGH SCHOOL, SAN- career path certainly exemplifies the American Mr. KUCINICH. Mr. Speaker, I rise today in TEE, CALIFORNIA dream. recognition of George Becker, the recently re- tired president of the United Steelworkers of SPEECH OF John has been an asset not only to his busi- ness, but also our country and his community. America. Through his leadership, courage and HON. JIM DeMINT After graduating from college he served as an determination, labor unions across our nation OF SOUTH CAROLINA artilleryman in World War II. An active mem- have been revitalized and reenergized with a IN THE HOUSE OF REPRESENTATIVES ber in the community; he has been president newfound strength. George Becker became a member of the Tuesday, March 13, 2001 of the Lima Rotary Club, president of St. Luke’s Lutheran Church, chairman of the Lima United Steelworkers of America when he be- Mr. DEMINT. Mr. Speaker, what are we to YMCA and a member of the board of directors came a mill worker in Granite City, Illinois. His make of the most recent school shooting in of Lima Memorial Hospital. determination and dedication to helping others California? How do we respond to events that I would like to thank John on behalf of the allowed his ascent to the presidency of the are so beyond belief, so tragic that goodness people in the snack food industry, and the city union. As a vice-president of the United Steel- in our world appears no stronger than a flick- of Lima for all of his service and devotion. workers, George Becker organized a strike ering flame on a shrinking wick? Congratulations, John, on the fine award. against Ravenswood Aluminum Corporation. The accused is a scrawny, quiet fifteen- Lasting over twenty months, the eventual res- year-old named Andy. He was relentlessly olution benefited steelworkers. The first major f picked on at his new school in San Diego. A strike in years to offer positive tangible results, victim of bullies, he found no refuge in his bro- MARCH SCHOOL OF THE MONTH the Ravenswood protest was just the begin- ken home. He longed for a relationship with ning of how George Becker worked to orga- his estranged mother. He searched for accept- nize and lead the labor movement. ance. ‘‘He tried to act cool, but he wasn’t HON. CAROLYN McCARTHY Upon becoming the president of the United cool,’’ said one skateboarder who saw him try- OF NEW YORK Steelworkers of America, George Becker ing to fit in with a rougher crowd. He was re- promptly restructured the union, bringing new IN THE HOUSE OF REPRESENTATIVES lentlessly hounded for his haircut, his voice, efficiencies and operational improvements. He and his clothes. Andy reached out to old Wednesday, March 14, 2001 also worked to redefine its mission, so that the friends. ‘‘He told me many times that I was the union would help foster new leaders for tomor- Mrs. MCCARTHY of New York. Mr. Speak- reason he hadn’t killed himself,’’ his closest row. Creating the Legislative Internship er, I have named Powell’s Lane Elementary friend from Maryland said. Project, George Becker invited young people School in Westbury as School of the Month in Within minutes of the shooting, the tele- to become involved in the labor movement. He the Fourth Congressional District for March visions blared with quick-fix commentary. Gun fostered a sense of community from within, 2001. In February, Powell’s Lane won control. Lack of self-control. Blame the par- and as President Becker was able to create a Newsday’s Stock Market Game for the third ents. Blame the schools. The answers stronger labor union with a newfound political time. seemed empty, earthly, leaving many with clout. more questions and more confusion. John Ogilvie is Principal of Powell’s Lane George Becker has continually fought and I trust you will agree that Andy’s actions are Elementary, and Dr. Constance R. Clark is the stood up for the steel industry in the United a condition of the heart. The answer lies in Superintendent of Schools for the Westbury States. He founded Stand Up For Steel, an al- something more than smaller classroom sizes School District. liance of unions and steel manufacturers. or higher test scores. I’m so excited to have such an innovative United to help stop unfair trade practices, Tragically, a dark shadow of spiritual empti- and remarkable school as School of the Stand Up For Steel has become an important ness has eclipsed our reliance on the truth Month. Powell’s Lane is singlehandedly train- organization in the battle to promote fair trade. and dignity that come from a belief in God— ing future Wall Street investors. There was a As George Becker ends his long term of the very essence of what provides us with time when the stock market was too daunting service to the United Steelworkers of America, guidance, worth, and meaning. I humbly offer and confusing even for adults, but new com- he leaves behind a stronger, more assertive this saying from Dorothy Sayers who writes puter technology and the use of the web has union. He has spent a lifetime helping his fel- that the problem is ‘‘the sin that believes in cut through to many barriers—and Powell is low workers by representing and expressing nothing, cares for nothing, seeks to know making that happen every day. their needs and concerns. My fellow col- nothing, interferes with nothing, enjoys noth- Recently, Powell’s Lane received the New leagues, please join me in honoring Mr. ing, lives for nothing, finds purpose in nothing, York State School of Excellence Award, and is George Becker. and remains alive because there is nothing for one of seven schools nominated by the state f which it will die.’’ for the U.S. Department of Education Blue TRIBUTE TO VERA FIGUEROA That, my friends, is the challenge of our Ribbon Schools 2000–2001 Elementary time. It is the desperate calls of Andy and the School Program. despondent cries of the victims. Our youth are Powell’s academic record—and their na- HON. JOE BACA looking for something beyond the nothing. It is tional recognition as a ‘‘Blue Ribbon School’’ OF CALIFORNIA my prayer that we give them a reason to be- nominee—displays the qualities of excellence IN THE HOUSE OF REPRESENTATIVES lieve. that consistently train Long Island’s students Wednesday, March 14, 2001 f to excel through the rest of their lives. Mr. BACA. Mr. Speaker, I would like to sa- TRIBUTE TO JOHN E. RUDOLPH The mission of Powell’s Lane Elementary lute Vera Figueroa, of California. Vera has School focuses on child development, blend- been recognized by Adelante, California Mi- HON. MICHAEL G. OXLEY ing in academic achievement and social rela- grant Leadership Council and American Le- tionships. Powell’s Lane Elementary teaches OF OHIO gion Merle Reed Post 124 as an outstanding students in grades 3, 4 and 5, and has many IN THE HOUSE OF REPRESENTATIVES individual who has made significant contribu- achievements and programs of note. The stu- tions to the improvement of education opportu- Wednesday, March 14, 2001 dents are involved in community outreach nities for Latino Children in California. Mr. OXLEY. Mr. Speaker, I am honored such as helping with Newsday’s ‘‘Help a Fam- Delano High School Board Member, a high- today to salute an exceptional citizen and ily’’ campaign. ly respected community leader and cultural good friend of mine, John E. Rudolph. I commend Powell’s Lane Elementary dance instructor, Vera has made major con- John, the founder of Lima, Ohio-based Ru- School for its innovation, and I look forward to tributions to the youth and parents over the dolph Foods Company, was recently pre- great achievement from Powell’s students. past years.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.003 pfrm01 PsN: E14PT1 E356 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 Born in El Paso, Texas, on January 4, 1937, SCHOOLYARD SAFETY ACT $1 to $2 of their tax dollars to help defray the daughter of Mrs. Elvira Villegas, Vera has five cost of replacing antiquated voting machines brothers and two sisters. Her family moved to HON. JENNIFER DUNN across the country. Delano in 1946. Married since 1955 to Johnny OF WASHINGTON Mr. Speaker, the temporary election mod- ernization checkoff on income tax forms will Figueroa, they have three children: Lorriane IN THE HOUSE OF REPRESENTATIVES Melendez, 28 years of age, who resides in be separate from the current checkoff for the McFarland, Johnny Figueroa III, 24 years, of Wednesday, March 14, 2001 Presidential Election Campaign Fund. As with Delano, and Edmundo Figueroa, age 14, a Ms. DUNN. Mr. Speaker, we continue to the presidential election checkoff, the voting student at Delano High School. see tragic examples that reinforce the need for equipment modernization checkoff will not in- crease a taxpayer’s tax bill. Those filing indi- Attending Fremont Elementary, Richgrove immediate action to stop the violence in our vidual tax returns would be able to contribute Elementary, and Delano High School, Vera nation’s schools. Today I am reintroducing, along with my colleagues PETER DEFAZIO and $1 and those filing jointly could contribute $2. graduated in 1955. She worked as a Commu- More than 120 million individual income tax re- nity Aide at Delano High School from 1979 to ZACH WAMP, the Schoolyard Safety Act. This legislation is aimed at keeping America’s turns are filed each year. 1985, and currently works at the school as a The idea for a temporary election mod- Record Clerk, since 1985. youth safe in their schools by establishing an incentive program for States to create a 24- ernization checkoff came from a constituent of Vera has been an active community volun- hour holding period for students who bring mine in Mentor, OH, who was embarrassed by teer, freely giving of her time, efforts, and tal- guns to school. events surrounding the November election and ent. She has served as a coach for Delano The tragic May 1998 schoolyard shooting in the accuracy of voting equipment across the Parks and Recreation, coaching 3rd to 12th Springfield, Oregon best illustrates the need country. In my home State of Ohio, 60 of the grades, all sports. In honor of her achieve- for this bill’s incentive program for States to State’s 88 counties use punch-card ballots ments and volunteerism, Vera was appointed impose a 24-hour holding period. As you may similar to those used in Florida. Delano parks and Recreation Commissioner, recall, a student showed up at school with a Mr. Speaker, right now we have a patch- July 1980—December 1984. gun. He was immediately expelled and sent work quilt of aging voting systems across the home. He was not, however, held to undergo country and if the November election taught Vera is also known for dance. She has us anything it is that the patchwork quilt is a served as Dance Instructor at Albany Park psychological evaluation, nor was he placed in juvenile detention for further questioning. The frayed mess. We have lottery machines that and Fremont School for 2nd, 3rd and 4th are far more modern and accurate than our next day, the student returned to his high graders. current voting machines and that is just wrong. school with a gun and used it to kill two class- She started dancing as ‘‘Vera’’ for the sol- My bill, the Voting Equipment Modernization mates, and later, his parents. diers at Ft. Bliss and other places in Texas. Act of 2001, will establish a temporary check- Several hundred times a year, young people While still in El Paso, she studied classical off on income tax returns that would allow tax- bring guns to school, and disciplinary action is Spanish Dances. In Delano she continued to payers to designate $1 to $2 to the Federal taken. But we know that simply expelling a learn on her own. In the late 40s and early Election Commission, which would then dis- child does nothing to protect innocent stu- 50s she danced at both the Albany Park and tribute funds to newly created Election Admin- dents, communities, or the troubled youth him- Fremont Schools. istration Improvement Funds in each State. self. When a student brings a gun into the The funding level for each State will be based In the ’70s she started the Figueroa Troup. classroom, concrete steps must be taken im- on population derived from Census figures. It was multicultural group, featuring dances of mediately to deal with the problem. A 24-hour I believe Americans want modern voting Spain, Mexico, Russia, Hawaii, Japan and the holding period would put the student into a se- equipment and know that State and local gov- Philippines. At one time the group included cure environment where he can receive the at- ernments are not capable of bearing the enor- her daughter, and several other Cinco de tention he needs. This will not only protect the mous costs of replacing antiquated equipment. Mayo Queen Contestants. They performed for safety of other students and the public, but will The cost of replacing voting equipment in the Boy Scouts Jamboree in Hayward and for ensure that the student carrying the gun re- each of the country’s 191,000 voting precincts the Men’s Prison in San Luis Obispo. They ceives proper counseling. is estimated to cost at least $4 billion and performed in San Jose, Santa Ana, San Fer- The Schoolyard Safety Act gives States ac- some estimates have voting modernization nando, and Bakersfield. cess to Federal Incentive Grants for Local De- costs exceeding $8 billion. Vera’s love of dance and her Mexican cul- linquency Prevention Programs if they seek to The current presidential tax checkoff has ture inspired her to devote many hours to create a 24-hour holding period. It does not had mixed results, but I believe Americans will teaching the cultural dances of Mexico and mandate another burdensome Federal pro- respond favorably to an opportunity to help Spain. She choreographed most Cinco de gram; rather, it gives States greater flexibility defray the costs of new voting equipment if it Mayo queen show pageants. She devoted to use their Federal dollars how they see fit. will ensure accurate election results. Using thousands of hours to their celebration. We believe local officials and educators know Census figures as a guide, if 12 percent of best how to solve the problem of youth vio- Ohio taxpayers opted for the checkoff, it would Vera served as Grand Marshal of the 30th lence. amount to $1.35 million in revenue that could Fiesta and Parade for Cinco de Mayo Fiesta, School shootings show us how easily gun be used to update voting equipment and pay Inc., in Delano, in honor of her accomplish- violence can break the heart of a community. to train poll workers. ments and devotion to preserving the culture. Every man, woman, and child across America Participation in the checkoff to help pay for She also helped found Community of Con- have the right to expect to live on a safe street presidential elections has fallen since it was cerned Parents for Better Education, and send their kids to a safe school. Children first initiated in 1972, and studies show that (CCPBE), and has been President for four who learn in fear are learning the wrong les- only 12.5 percent of Americans checked the years. The group works for better education sons and we have a responsibility to do what- box on their 1997 returns. The remainder left and greater parent participation. Under her ever we can to prevent future tragedies. the box blank or checked ‘‘NO.’’ Through leadership, CCPBE raised $2,000 for the Fre- f 1999, about $1.2 billion had been designed for mont School Track. They also provide $1,000 presidential elections. scholarship awards for Delano High grad- INTRODUCTION OF THE VOTING I blame the low participation for the presi- uates. Vera has always worked for better edu- EQUIPMENT MODERNIZATION dential checkoff on two factors: The public’s cation for the community’s economically and ACT OF 2001 unwillingness to help pay for increasingly hos- academically disadvantaged. tile presidential elections, and widespread mis- understanding that checking off the box in- Vera has been a member of Delano High HON. STEVE C. LaTOURETTE creases one’s tax bill. PTA and Terrace School PTA. As president of OF OHIO IN THE HOUSE OF REPRESENTATIVES It is my belief that folks will be willing to do the CCPBE, she has been instrumental in a tax checkoff if it will ensure that their vote Wednesday, March 14, 2001 helping with back-to-school nights at the Dela- will be counted and counted accurately. I think no schools, contributing monies to Fremont Mr. LATOURETTE. Mr. Speaker, today I in- when folks realize this won’t negatively impact School and many other local school activities. troduced a measure called the ‘‘Voting Equip- their tax refund or tax bill, they will be willing It is a pleasure to honor Vera Figueroa, who ment Modernization Act of 2001’’ (VEMA) that to check the box. has made and continues to make a difference will create a special tax ‘‘checkoff’’ segment Secretaries of State across the Nation agree for California youth and the Latino community. on income tax returns so Americans can direct that voting machines need to be modernized

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.008 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E357 but they realize the costs will be enormous. have occurred. Many more planned attempts trade, Joe Cardona has spent most of his life The voting modernization checkoff will be a to emulate this violence have gone unreported helping others. He is active in improving the temporary measure to generate funds, and will or perhaps never even known. Just six weeks conditions of the people of Earlimart, in such only appear on tax return forms as long as ago in East Providence, Rhode Island, a hit areas as flood control, schools, health care, there is a need to pay for new voting ma- list was found that was written by four fifth food and clothing acquisition and distribution, chines. graders. and support for families in need. Mr. Speaker, States will be able to use Many of us are at a loss to explain this ex- Joe was born in 1933 in Somerton, Arizona. money generated by the checkoff to purchase plosion of school violence in recent years, but His family migrated to Earlimart in 1940, and maintain modern voting equipment, and everyone agrees that we must address the where Joe enrolled in first grade at Earlimart educate and train those using the new voting mental health needs of our children. Education Elementary School. Following the seasonal equipment, including those working the polls Secretary Rod Paige has attributed the rash of crops, Joe’s family moved to Brawley where on election day. Decisions about specific school shootings to ‘alienation and rage.’ A re- he graduated from eighth grade in 1948. equipment and training would be left up to the cent Secret Sservice study concluded that the Joe enlisted in the Army in the late 1950’s States. Also, Puerto Rico will be excluded common theme underlying perpetrators of vio- serving two years. In 1957, Joe studied and from this plan because it does not pay Federal lent crimes in schools is depression. Three- obtained his apprenticeship for Barbering from taxes. quarters of children committing these crimes Moler Barber College, Fresno, California. In Mr. Speaker, I believe VEMA offers a sim- have talked about or attempted suicide. More 1959, Joe married Cruz Amaya Cardona and ple, common-sense solution to a problem that than two-thirds report having been bullied by raised four children, Larry, Joe Jr., Frankie must be remedied as soon as possible so we their peers. Disturbing emotions of alienation and Vicky. In 1974, Joe was determined to re- can restore accuracy and integrity to our vot- and rage in our nation’s schools are real and ceive a high school diploma. He enrolled in ing system. I urge my colleagues to support pervasive and deep-seated. We must take Adult Education at Delano Joint Union High the Voting Equipment Modernization Act of steps to alleviate this pain and provide the School. Along with the forty-seven area citi- 2001. help that our children are crying out for in zens, he was one of the proud graduates of these violent actions. f the commencement exercises in June 2, 1975. Our schoolchildren need professional coun- Joe Cardona is a man of integrity, depend- PERSONAL EXPLANATION selors who can help them cope with the pres- ability and dedication. In 1967, understanding sures of being a teenager. They need sup- the poverty and hardships of some of the HON. JIM MATHESON portive adults in their lives. They also need a community members of Earlimart, he had an OF UTAH moral compass that will help them sort idea to have members of the community con- through the violence that permeates our cul- IN THE HOUSE OF REPRESENTATIVES tribute to a fund, which could be used to assist ture. What they do not need is easy access to families on the occasion of bereavement. With Wednesday, March 14, 2001 weapons. Whatever alienation Andy Williams this idea the Earlimart Funeral Fund Associa- Mr. MATHESON. Mr. Speaker, on Tuesday, was feeling, he could not have committed tion was formed and to-date Joe is still an ac- March 13, 2001, I was unable to cast votes on such a heinous act without the help of a .22 tive member of this organization, and besides rollcall votes 46 and 47. However, had I been caliber revolver. the monetary support, you probably will see present, on rollcall vote 46 I would have voted Guns are simply too accessible to children Joe attending the funerals and expressing his ‘‘yea’’, and on rollcall vote 47 I also would today, and American children are suffering the sympathy to the bereaved families. have voted ‘‘yea’’. consequences. The accidental death rate Serving his country was one of Joe’s proud- f among children from gunshot wounds is nine est moments, and because of his active mem- times higher in the United States than in the bership, he has received recognition for par- CONDEMNING HEINOUS ATROC- other largest 25 industrialized countries com- ticipation in the American Legion Post. Joe ITIES THAT OCCURRED AT bined, and at least six loopholes still exist that has proudly served in the position of president SANTANA HIGH SCHOOL, SAN- allow children and violent offenders obtain and commander of the American Legion Post. TEE, CALIFORNIA guns. Guns alone do not kill children, but in Representing the American legion Post 745, times of extreme emotional distress they en- Joe helps raise funds for scholarship to annu- SPEECH OF able a disturbed innocent child to become a ally honor a deserving Earlimart Junior High HON. JIM LANGEVIN murderer. School student. Efforts to increase children’s self-esteem OF RHODE ISLAND Joe helped coordinate the first Food Link and to reduce their access to guns will de- IN THE HOUSE OF REPRESENTATIVES Program for the community of Earlimart in crease the number of these incidents. While I 1995, dedicating countless hours gathering Tuesday, March 13, 2001 applaud my colleagues in honoring the chil- volunteers, and through his example, others Mr. LANGEVIN. Mr. Speaker, I rise today to dren and families of Santana High School, I have continued to take on this responsibility. honor the victims of gun violence at Santana urge you to let this be the first step toward This program continues to serve the needy High School, the countless lives that have change, not the last. As one whose life was families of this community. During the flood of been affected by this tragic incident, and the forever altered when a gun accidentally dis- 1997, Joe helped form a Flood Control Com- numerous similar tragedies that have hap- charged, I know first hand that guns are dan- mittee, gathering local active members, as pened over the past few years. The violence gerous and far too often fatal. For the sake of well as invoking assistance from political rep- at Santana is deeply disturbing. No child our children, I implore my colleagues to pass resentatives to help disaster stricken families, should fear for her life in school, and no child meaningful legislation to end school violence and was also involved in the issue of the should feel so alienated that he perceives vio- once and for all. White River Dam. Joe recruits volunteers to lence as his only option. f assist with the annual clean-up day activities When Charles Andrew Williams entered TRIBUTE TO JOE ORTIZ CARDONA in the community. One of Joe’s biggest ac- school on Monday, March 5, he had already complishments is the annual Christmas ‘‘Give cried out for help. He had told his friends his Away’’ to the needy families of the Earlimart plan. He had even told his friend’s parent. In HON. JOE BACA community. all, Andy Williams told over 20 people what he OF CALIFORNIA Joe has received recognition by the Cali- planned to do. But no one took him seriously IN THE HOUSE OF REPRESENTATIVES fornia State Assembly and California State and now two children are dead. While this was Wednesday, March 14, 2001 Senate for outstanding leadership and com- clearly an act of rage, it was also one of fear Mr. BACA. Mr. Speaker, I would like to sa- munity services. Joe speaks very softly, and and desperation. lute Joe Ortiz Cardona, of California. Joe has with his congenial and humble character, And sadly, Andy was not alone. Within 48 been recognized by Adelante, California Mi- never boasts of his accomplishments. If you hours of his arrest, 16 other children in Cali- grant Leadership Council and American Le- know Joe personally, you are aware of the re- fornia had been arrested or detained for sus- gion Merle Reed Post 124 as an outstanding lentless hours he has served on various com- picion of gun-related violence. In fact, since individual who has made significant contribu- mittees expressing concerns. Although the Dylan Kelbold and Eric Harris killed thirteen of tions to the improvement of education opportu- town of Earlimart is not incorporated, the ma- their classmates at Columbine High School al- nities for Latino children in California. jority of the community will still refer to Joe as most two years ago, over eighteen separate A highly-respected community leader in the ‘‘Town Mayor’’ and through his dedication incidents of student-to-student gun violence Earlimart for more than 33 years, a Barber by and commitment he has made the difference!

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.010 pfrm01 PsN: E14PT1 E358 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 HUMAN RIGHTS AND REPUBLIC OF ECONOMIC GROWTH AND TAX eral government’s interest costs by $400 bil- CHINA PRESIDENT CHEN SHUI- RELIEF ACT OF 2001 lion, leaving only a $600 billion surplus. BIAN Making the tax cuts retroactive to January 1, SPEECH OF 2001 adds another $100 billion in costs. Other HON. PATSY T. MINK Bush proposals, including adjustments to the alternative minimum tax, extending expiring HON. EDDIE BERNICE JOHNSON OF HAWAII tax credits, and promised spending add an- OF TEXAS IN THE HOUSE OF REPRESENTATIVES other $500 billion. Added together, the Bush IN THE HOUSE OF REPRESENTATIVES Thursday, March 8, 2001 proposal uses up all the non-Social Security Mrs. MINK of Hawaii. Mr. Speaker, I rise in surplus. Wednesday, March 14, 2001 opposition to H.R. 3. It is based on unreal as- It is unconscionable to pass a tax cut based on Social Security and Medicare surpluses Ms. EDDIE BERNICE JOHNSON of Texas. sumptions and fuzzy scenarios. H.R. 3 income tax rate reductions for single after you have promised not to touch this sur- Mr. Speaker, while the world’s attention has taxpayers are as follows: plus. focused on human rights abuses in the Peo- For taxable income up to $6,000 the current In fact Congress has voted many times on ple’s Republic of China, attention ought also rate of 15 percent would be reduced under legislation not to touch these surpluses (lock be given to the commendable human rights H.R. 3 and the Bush plan to 10 percent. box.) Congress even took Social Security ‘‘off record of the Republic of China. For taxable income between $6,000 and budget’’ to make sure Congress did not fore- 27,050 the rate of 15 percent is unchanged. cast ‘‘surpluses’’ based on surpluses currently The Republic of China’s constitution guaran- accumulated in Social Security and Medicare tees its citizens basic civil liberties, including For taxable income between $27,050 and $65,550 the current rate of 28 percent is re- Trust Funds. freedom of peaceful assembly and associa- These tax cuts endanger the Social Secu- duced to 25 percent. tion, freedom of speech and press, and free- For taxable income between $65,550 and rity–Medicare Trust Funds. Second, President Bush states that he dom of religion. The Republic of China is also $136,750 the current rate of 31 percent is re- wants to pay down this debt. But his tax cuts now a recognized full-fledged democracy that duced to 25 percent. mean that we will not be able to pay down the respects political rights, as evidenced by last For taxable income between $136,750 and national debt. year’s election of President Chen Shui-bian in $297,350 the current rate of 36 percent is re- Of the $5.7 trillion in current federal debt, free and fair elections. This occasion marked duced to 33 percent. the public holds $3.4 trillion. The remaining For taxable income above $297,350 the cur- the first time in Chinese society that an oppo- $2.3 trillion is held by the Social Security and rent rate of 39.6 percent is reduced to 33 per- sition party candidate was elected President. Medicare trust funds. The interest on the Fed- cent. Son of a farm laborer, Mr. Chen was an active eral debt in fiscal year 2000 was $362 billion. These income tax rate changes take effect political reformer and activist for many years But in fact the Bush plan does not pay down gradually over a 10-year period: and served time in prison for his beliefs. After the debt, and threatens any possibility of pay- For single taxpayers with income under ing it. gaining his release, he served as a lawmaker $6,000 the 15 percent rate is reduced to 12 and later as mayor of Tapei. His presidential The Clinton 1993 Balanced Budget plan cut percent in 2001 and 2002, to 11 percent in spending by $250 billion and raised revenues victory last March 18 signaled to the world that 2003 and 2004 and to 10 percent beginning in by $250 billion. Not a single Republican in the true democracy has taken hold in the Republic 2005. House or Senate voted for this in 1993. This of China. The 15 percent tax rate on taxable income courageous action by the Congress eliminated In his inaugural address last May 20, Presi- between $6,000 and $27,050 is unchanged. the annual budget deficits. It cost the Demo- For taxable income between $27,050– dent Chen announced: ‘‘We are willing to crats plenty. In 1994 we lost 50 seats and the $65,550 the 28 percent rate is reduced to 27 Republicans became the majority party. promise a more active contribution in safe- percent in 2002 and 2003, to 26 percent in guarding international human rights. The Re- In 1993 the annual deficit was $255.1 bil- 2004 and 2005 and to 25 percent beginning in lion. The total national debt in 1993 had al- public of China cannot and will not remain out- 2006. ready reached $3.248 trillion. This debt was side global human rights trends. We will abide For taxable income between $65,660– caused by faulty revenue projections under by the Universal Declaration of Human Rights, $136,750 the 31 percent rate is reduced to 30 Reagan-Bush tax cuts. George W. Bush is re- the International Contention for Civil and Polit- percent in 2002, to 29 percent in 2003, to 28 peating the same mistakes. ical Rights, and the Vienna Declaration and percent in 2004, to 27 percent in 2005 and to In FY 1998, under the Democrats budget Program of Action. We will bring the Republic 25 percent beginning in 2006. plan, we achieved the first budget surplus of China back into the international human For taxable income between $136,750– since 1969 in the amount of $69.2 billion. The $297,350 the current 36 percent rate is re- rights system.... We hope to set up an Social Security surplus was $99 billion and the duced to 35 percent in 2002 and 2003, 34 independent national human rights commis- Medicare surplus was $9 billion. In FY 1999 percent in 2004 and 2005 and declines to 33 sion in Taiwan, thereby realizing an action the budget surplus was $124.4 billion, the So- percent beginning in 2006. cial Security surplus was $124.7 billion and long advocated by the United Nations. We will For taxable income above $297,350, the the Medicare surplus was $21.5 billion. In FY also invite two outstanding non-governmental current 39.6 percent rate is reduced to 38 per- 2000 the surplus was $236.2 billion, the Social organizations, the International Commission of cent in 2002, to 37 percent in 2003, to 36 per- Security surplus was $151.8 billion and the Jurists and Amnesty International, to assist us cent in 2004, to 35 percent in 2005 and to 33 Medicare surplus $30 billion. For the current in our measures to protect human rights and percent beginning in 2006. FY 2001, the total surplus is estimated to be make the Republic of China into a new indi- This tax reduction plan has three funda- $281 billion, the Social Security surplus is esti- cator for human rights in the 21st Century.’’ mental flaws. mated at $156 billion and the Medicare sur- First, the tax cuts are premised upon there Mr. Speaker, I applaud President Chen’s plus at $29 billion. being a $5.6 trillion surplus over the next 10 If we don’t pay down substantial portions of commitment to democracy and human rights. years. But the actual surplus is much less, our debt with these surpluses the interest on As we approach President Chen’s first anni- and the cost of the tax cuts are much larger our debt could increase by over $400 billion in versary in office, I hope my colleagues will ac- than claimed. 10 years. knowledge his full commitment to safe- The $5.6 trillion ‘‘surplus’’ includes $2.5 tril- Lastly, no one can make accurate economic guarding human rights in the Republic of lion from the Social Security Trust fund and forecasts covering ten years into the future. China. President Chen and his cabinet ought $400 billion in the Medicare Trust funds. It Having served on the U.S. House of Rep- to be applauded for their continuing efforts to also includes another $111 billion in the Mili- resentatives Budget Committee for 6 years, I make Taiwan one of the freest places on earth tary Retirement Trust Fund that is needed for can attest to the fact that none of the experts the retirement benefits of our military per- and for proving once again that political free- or agencies assigned the task of forecasting sonnel. That leaves only $2.6 trillion in real either the ‘‘deficit’’ or the ‘‘surplus’’ ever fore- dom and a prosperous market-oriented econ- surpluses. cast it accurately nor did they even come omy go hand-in-hand. I wish to congratulate From that the Bush tax plan would cost $1.6 close. president Chen and send him my support and trillion in tax cuts leaving a surplus of $1 tril- Any tax cut plan based on a ‘‘10 year’’ fore- best wishes. lion. But the tax cuts would increase the Fed- cast of surpluses is totally unrealistic.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.013 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E359 Even Federal Reserve Chairman Alan Across America, numerous employers are Several hurdles to establishing successful Greenspan has problems deciding whether the responding to the needs of their employees telecommuting programs could be cleared by economy is going up or down in the next 3 and establishing telecommuting programs. In enacting our legislation. In fact, the number months. How can we plan 10 years ahead? It 2000, there were an estimated 16.5 million one reported obstacle to implementing a tele- is a course guaranteed to lead us to terrible teleworkers. By the end of 2004, there will be commuting program is a lack of know-how. consequences. an estimated 30 million teleworkers, rep- Our bill will go a long way towards educating Then-Governor Bush led Texas, based on a resenting an increase of almost 100%. Unfor- small business owners on how they can draft ‘‘rosy scenario,’’ to enact massive tax cuts tunately, the majority of growth in new tele- guidelines to make a telework program an af- which today has Texas reeling over a $700 workers comes from organizations employing fordable, manageable reality. million annual deficit. over 1,500 people, while just a few years ago, f Once you cut federal revenues by $1.6 tril- most teleworkers worked for small to medium- lion and if the surpluses melt away to deficits, sized organizations. LEGISLATION TO CHANGE THE IN- we will repeat the 10 years of agony we all By not taking advantage of modern tech- TERNAL REVENUE CODE’S COST suffered under the Reagan-Bush deficits of nology and establishing successful telecom- RECOVERY RULES 1982–1992 federal budgets. muting programs, small businesses are losing For these reasons, I shall vote ‘‘no’’ on H.R. out on a host of benefits that will save them HON. E. CLAY SHAW, JR. 3 and urge my colleagues to do the same. money, and make them more competitive. The OF FLORIDA f reported productivity improvement of home- IN THE HOUSE OF REPRESENTATIVES based teleworkers averages 15%, translating IN MEMORY OF BEATRICE L. Wednesday, March 14, 2001 to an average bottom-line impact of $9,712 PETERSON per teleworker. Additionally, most experienced Mr. SHAW. Mr. Speaker, as a Member of teleworkers are determined to continue tele- Congress, I am continually seeking sound pol- HON. JAMES A. TRAFICANT, JR. working, meaning a successful telework pro- icy changes that will make and keep our econ- OF OHIO gram can be an important tool in the recruit- omy productive, create jobs and improve the IN THE HOUSE OF REPRESENTATIVES ment and retention of qualified and skilled em- overall quality of life for Americans. It is my Wednesday, March 14, 2001 ployees. By establishing successful telework belief that an important elements of a produc- programs, small business owners would be tive economy is modern, efficient and environ- Mr. TRAFICANT. Mr. Speaker, today, I am mentally responsible space for Americans to deeply saddened to share the news of the able to retain these valuable employees by al- lowing them to work from a remote location, work, shop and recreate. In order to create passing of Beatrice L. Peterson. and maintain such space, a building owner Beatrice L. Peterson was born on June 16, such as their home or a telework center. In addition to the cost savings realized by must regularly change, reconfigure or some- 1931 to Raymond H. and Annabelle Allen how improve office, retail and commercial McFate. She married Edward Kerr Peterson businesses that employ teleworkers, there are a number of related benefits to society and the space to meet the needs of new and existing July 1, 1946 who died December 20, 1997. tenants. She is survived by a brother, Charles McFate; employee. For example, telecommuters help reduce traffic and cut down on air pollution by I believe that the Internal Revenue Code’s a sister, Mrs. Shirley Peterson; two daughters, cost recovery rules associated with leasehold Diane Was and Brenda Ellis; and a son, Ed- staying off the roads during rush hour. Fully 80% of home-only teleworkers commute to improvements are an impediment for building ward K. Peterson, Jr. Two of her children, Rita owners needing to make such improvements. Ann Peterson and Robert Carlson are de- work on days they are not teleworking. Their one-way commute distance averages 19.7 Therefore, I am pleased to introduce this legis- ceased. lation to change the cost recovery rules asso- Beatrice was an amazing woman. A grad- miles, versus 13.3 miles for non-teleworkers, ciated with leasehold improvements. uate of Choffin School of Nursing in Youngs- meaning employees that take advantage of telecommuting programs are, more often than Simply stated, this legislation would allow town, she worked for over a decade at St. Jo- building owners to depreciate specified build- seph Riverside Hospital as a licensed practical not, those with the longest commutes. Tele- working also gives employees more time to ing improvements using a 10-year depreciable nurse before retiring in 1985. life, rather than the 39 years required by cur- Beatrice loved the outdoors. Whenever she spend with their families and reduces stress rent law, thereby matching more closely the had a spare moment, she could be found out- levels by eliminating the pressure of a long expenses incurred to construct these improve- side, usually working in her garden. Camping commute. ments with the income the improvements gen- was another of her beloved pastimes. Mr. Speaker, our legislation seeks to extend erate under the lease. Beatrice Peterson will be sorely missed in the benefits of successful telecommuting pro- To qualify under the legislation, the improve- the Bristolville community, where she loyally grams to more of our nation’s small busi- ment must be constructed by a lessor or les- attended Grace Baptist Church. She touched nesses. Specifically, it establishes a pilot pro- see in the tenant-occupied space. In an effort the lives of many people, including mine, and gram in the Small Business Administration to ensure that the legislation is as cost effi- was adored by all who had the privilege to (SBA) to raise awareness about telecom- cient as possible, improvements constructed in know her. I extend my deepest sympathy to muting among small business employers and common areas of a building, such as ele- her friends and family. to encourage those small businesses to estab- lish telecommuting programs for their employ- vators, escalators and lobbies, would not qual- f ees. ify; nor would improvements made to new SMALL BUSINESS Additionally, an important provision in our buildings. TELECOMMUTING ACT bill directs the SBA Administrator to undertake Office, retail, or other commercial rental real special efforts for businesses owned by, or estate is typically reconfigured, changed or HON. MARK UDALL employing, persons with disabilities and dis- somehow improved on a regular basis to meet OF COLORADO abled America veterans. At the end of the day, the needs of new and existing tenants. Inter- IN THE HOUSE OF REPRESENTATIVES telecommuting can provide more than just en- nal walls, ceilings, partitions, plumbing, lighting vironmental benefits and improved quality of and finish each are elements that might be the Wednesday, March 14, 2001 life. It can open the door to people who have type of improvement made within a building to Mr. UDALL of Colorado. Mr. Speaker, today been precluded from working in a traditional accommodate a tenant’s requirements, and I am joined by my colleagues, Representatives office setting due to physical disabilities. thereby ensure that the work or shopping FROST, OWENS, HILLIARD, MCKINNEY, Our legislation is also limited in cost and space is a modern, efficient, and environ- BALDACCI, BLUMENAUER, CUMMINGS, DAVIS (IL), scope. It establishes the pilot program in a mentally responsible as possible. HINOJOSA, KUCINICH, MCGOVERN, TAUSCHER, maximum of five SBA regions and caps the Unfortunately, today’s depreciation rules do BAIRD, BALDWIN, TUBBS JONES, UDALL (NM), total cost to five million dollars over two years. not differentiate between the economic useful WU, and JO ANN DAVIS (VA), in introducing the It also restricts the SBA to activities specifi- life of a building improvement—which typically Small Business Telecommuting Act to assist cally proscribed in the legislation: developing corresponds with a tenant’s lease-term—and our nation’s small businesses in establishing educational materials; conducting outreach to the life of the overall building structure. The successful telework programs for their employ- small business; and acquiring equipment for result is that current tax law dictates a depre- ees. Senator JOHN KERRY of Massachusetts demonstration purposes. Finally, it requires ciable life for leasehold improvements of 39 will be introducing companion legislation in the the SBA to prepare and submit a report to years—the depreciable life for the entire build- Senate. Congress evaluating the pilot program. ing—even though most commercial leases

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.016 pfrm01 PsN: E14PT1 E360 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 typically run for a period of 7 to 10 years. As servers with unwanted e-mail. This has the treasurer. He was State director of the Farm- a result, after-tax cost of reconfiguring, or potential to do great damages to small ISP ers Home Administration. In all, he devoted building out, office, retail, or other commercial companies and the communities they serve. nearly 40 years of his life to public service. space to accommodate new tenants or mod- Currently, ISPs are developing programs Indeed, public service was a family affair for ernizing workplace is artificially high. This that require the individual sending the unsolic- the Marshes. Frank’s father, Frank Marsh Sr., hinders urban reinvestment and construction ited message to include a valid e-mail ad- was secretary of state for 16 years. Frank’s job opportunities as improvements are delayed dress, which can then be replied to in order to wife Shirley was a state senator—my close or not undertaken at all. request that no further transmissions be sent. friend and seatmate for the last two years of Additionally, a widespread shift to more en- Under these programs, once the individual my service in the Nebraska Legislature. ergy-efficient, environmentally sound building sending the original e-mail receives a request Frank was a staunch Republican, but he elements is discouraged by the current tax to remove an address from their distribution worked amicably with partisans of all persua- system because of their typically higher ex- list, they are required to do so. However, of- sion. Indeed, his stint as lieutenant governor pense. If a greater conservation potential of fending spammers get around this requirement was served under a Democratic governor. energy-efficient lighting were to be realized, by using the e-mail address of an They got along well. After Frank left elective the demand for the equivalent of one hundred unsuspecting user to spam others. office, he continued his career in public serv- 1,000-megawatt powerplants could be elimi- To address this problem, I am introducing ice by serving the poor. He helped to begin a nated, with corresponding reductions in air legislation to give law enforcement the tools food distribution network that came to involve pollution and global warming. they need to prosecute individuals who send 300 volunteers working in 33 distribution sites Reform of the cost recovery rules for lease- unsolicited e-mail that clog up consumers’ in- in Lincoln, Nebraska, his hometown. hold improvements has been long overdue. In boxes: the Anti-Spamming Act of 2001. All of us who knew Frank Marsh and the 106th Congress, this bill enjoyed wide- The Anti-Spamming Act would amend 18 worked with him and all of those who were spread support with 144 Members co-spon- U.S.C. § 1030 (which addresses criminal fraud beneficiaries of his compassion and dedication soring it. This legislation should be enacted in connection with computers) in several re- will miss him. We send our condolences to his this year. This would acknowledge the fact spects to address fraudulent unsolicited elec- wife Shirley and their children and the many that improvements constructed for one tenant tronic mail. It would add to the substantive foreign guests—extended family in effect— are rarely suitable for another, and that when conduct prohibited by 18 U.S.C. § 1030(a), who were hosted by the Marsh family in their a tenant leaves, the space is typically build-out both the intentional and unauthorized sending home for varying lengths of time. Frank Marsh over again for a new tenant. It is important to of unsolicited e-mail that is known by the was a citizen ambassador for our country and note that prior to 1981 our tax laws allowed sender to contain information that falsely iden- a model for voluntarism for all Americans. His these improvement costs to be deducted over tifies the source or routing information of the contributions to the public good will be missed the life of the lease. Subsequent legislation, e-maill, and the intentional sale or distribution throughout Nebraska and far beyond. however, abandoned this policy as part of a of any computer program designed to conceal f move to simplify and shorten building depre- the source or routing information of such e- ciation rules in general to 15 years. Given that mail. SPECIAL ORDER ON WOMEN’S buildings are now required to be depreciated This legislation would subject those who HEALTH over 39 years, it is time to face economic re- commit such prohibited conduct to a criminal ality and reinstate a separate depreciation pe- fine equal to $15,000 per violation or $10 per HON. CAROLYN B. MALONEY riod for building improvements to tenant occu- message per violation, whichever is greater, OF NEW YORK pied space. plus the actual monetary loss suffered by vic- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I urge my fellow members to tims of the conduct. In addition, prohibited Wednesday, March 14, 2001 review and support this important job pro- conduct that results in damage to a ‘‘protected ducing, urban revitalization legislation. I look computer’’ (as defined in 18 U.S.C. Mrs. MALONEY of New York. Mr. Speaker, forward to working with my colleagues on the § 1030(e)(2)) would be punishable by a fine I would like to join my colleagues of the Wom- Ways and Means Committee to enact this bill. under Title 18 or by imprisonment for up to en’s Caucus to discuss the importance of f one year. women’s health. I would also like to thank Representative As a Caucus, we are working hard to im- THE INTRODUCTION OF THE HEATHER WILSON for her tireless efforts to ad- prove health for all women. From protecting ‘‘ANTI-SPAMMING ACT OF 2001’’ dress this issue. Representative WILSON Social Security and strengthening Medicare to should be commended for bringing the prob- working for a Patient’s Bill of Rights. HON. BOB GOODLATTE lem of spam to the forefront of public debate. And we are working to add a reliable, af- OF VIRGINIA I look forward to working with her to achieve fordable prescription drug benefit. IN THE HOUSE OF REPRESENTATIVES our common goal of reducing the burden of We must ensure that the progress made to improve women’s health continues. Wednesday, March 14, 2001 unwanted e-mail on consumers and Internet Service Providers. To this point, I urge my distinguished col- Mr. GOODLATTE. Mr. Speaker, unsolicited Legislation addressing the problem of unso- leagues to join me in the following measures. commercial e-mail, such as advertisements, licited commercial e-mail is greatly needed to I am working to improve the health and well- solicitations or chain letters, is the ‘‘junk mail’’ protect consumers and Internet Service Pro- being of women—young and old. of the information age. When unwanted mail is viders from victimization by spam. I urge my I will soon reintroduce the Osteoporosis hand delivered to your home or post office colleagues to support this much needed legis- Early Detection and Prevention Act and the box, you can ask the postmaster not to deliver lation. Cancer Screening Coverage Act to give it. When telemarketers call you at home you f women a fighting chance against these dis- may ask to be taken off their solicitation list. eases. But currently, there is no mechanism to pre- TRIBUTE TO FRANK MARSH I am working with my distinguished col- vent unwanted e-mail. league, CONNIE MORELLA, to make women’s Jupiter Communications reported that in HON. DOUG BEREUTER health research a priority. We will introduce 1999 the average consumer received 40 OF NEBRASKA the Women’s Health Office Act to make the pieces of spam. By 2005, Jupiter estimates, IN THE HOUSE OF REPRESENTATIVES women’s health offices at the Department of the total is likely to soar to 1,600. These num- Health and Human Services permanent. bers are truly astounding. Unsolicited e-mail Wednesday, March 14, 2001 And for our littlest people and their moms, messages burden consumers by slowing down Mr. BEREUTER. Mr. Speaker, this week I have introduced the Breastfeeding Promotion their e-mail connections, and cause big prob- Nebraskans said good-bye to Frank Marsh, Act, which supports and protects mothers who lems for the small business owner who is try- our former lieutenant governor, secretary of choose to breastfeed. Everyday, new medical ing to compete with larger companies and state and state treasurer. Frank was a loyal studies are released highlighting the positive larger servers. Nebraskan, a dedicated public servant, and an health effects of breastfeeding for both mother Consumers are not the only ones victimized enthusiastic Republican. He was elected sec- and child. by spam. In recent instances, unsolicited e- retary of state in 1953 and served in that posi- We must continue to work hard to ensure mail transmissions have paralyzed small Inter- tion for 17 years. He was lieutenant governor that the priorities of our country include poli- net Service Providers (ISPs) by flooding their from 1971 to 1975. He served twice as state cies that promote healthy women and healthy

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.019 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E361 families. I urge my colleagues to join me on IN RECOGNITION OF THE EIU We also complain that HCFA isn’t competi- these measures. PANTHERS tive enough. In the BBA of 1997, we gave au- f thority to HCFA to carry out competitive bid- ding demonstrations on the purchase of dura- A TRIBUTE TO DANIEL R. ENSLEY HON. DAVID D. PHELPS OF ILLINOIS ble medical equipment. Those demonstrations IN THE HOUSE OF REPRESENTATIVES are indeed showing substantial savings. I HON. BOB ETHERIDGE would like to enter in the RECORD a press re- Wednesday, March 14, 2001 OF NORTH CAROLINA lease of March 1st describing the progress of IN THE HOUSE OF REPRESENTATIVES Mr. PHELPS. Mr. Speaker, today I rise to these demonstrations. Wednesday, March 14, 2001 recognize and congratulate one of my district’s Mr. Speaker, Congress should immediately Mr. ETHERIDGE. Mr. Speaker, I rise today college basketball teams. The Eastern Illinois allow those demonstrations to become perma- to pay tribute to one of North Carolina’s lead- University Panthers of Charleston, IL recently nent and to be extended nationwide. Congress ing citizens and to bring to the attention of my won the OVC tournament championship. The should stop calling HCFA inefficient when we colleagues of the 107th Congress his many Panthers defeated Austin Peay 107–100 in the aren’t willing to give it the power to be effi- contributions. championship game at Eastern Illinois Univer- cient. Daniel R. Ensley, director of the mass com- sity’s Lantz Gym. The Panthers finished the [From the HCFA Press Office, Mar. 1, 2001] munications program at Campbell University season with a 17–12 record. SECOND ROUND OF MEDICARE COMPETITIVE and a 1993–94 ‘‘Professor of the Year’’ at the Led by coaches Rick Samuels, Troy Collier, BIDDING PROJECT FOR MEDICAL SUPPLIES IN institution, is retiring from Campbell due to and Steve Weemer, members of the 2001 EIU POLK COUNTY, FLA. health concerns. He will be greatly missed by Panthers include Rod Henry, Jan Thompson, Medicare has launched the second round of fellow professors, by students in the mass Craig Lewis, Chris Herrera, Kyle Hill, Matt its successful pilot project in Polk County, communications school, and by the hundreds Britton, Eric Sandholm, Nate Schroeder, Fla., that uses competition to provide qual- of alumni who remember the courses they Merve Joseph, Andy Gobczynski, John ity medical equipment and supplies to bene- Thorsen, Todd Bergmann, Henry Domercant, ficiaries at better prices. The Balanced took there. Budget Act of 1997 authorizes the Health Ensley, a native of Dover, Delaware, grew Ryan Kelly, and Jesse Mackinson. The members of the EIU Panthers should Care Financing Administration (HCFA) to up in a military family and lived in New Jersey, demonstrate how competitive bidding can Illinois, Florida, Georgia, and Oklahoma as a be proud of their achievement. I congratulate help Medicare beneficiaries and the program youngster. He is a 1979 magna cum laude them and wish them good luck in future bas- pay more reasonable prices for quality med- graduate of Campbell. He worked for the col- ketball seasons. ical equipment and supplies. Several studies lege radio station throughout his college years f by the U.S. General Accounting (GAO) and the HHS Inspector General have shown that and became station manager during his senior RETIREMENT OF JAMES I. SMITH, year. After graduation, he managed the station the Medicare program and its beneficiaries III often pay more for medical equipment and until 1984 and also taught courses at the Uni- supplies than the prices paid by other insur- versity. HON. WILLIAM J. COYNE ers and individual patients. Requiring sup- In 1984, Ensley entered graduate school at pliers interested in serving Medicare bene- the University of South Carolina College of OF PENNSYLVANIA ficiaries to submit bids including quality and Journalism. He earned his Master of Arts de- IN THE HOUSE OF REPRESENTATIVES price information assures access to high- gree from that institution in 1986 and was ac- Wednesday, March 14, 2001 quality medical equipment at a fairer price. The changes also can reduce Medicare waste cepted for a Ph.D. program at the University Mr. COYNE. Mr. Speaker, I rise today to of Wisconsin. Just before leaving for Madison, and abuse. mark the retirement of a man who has been During the first round of the Polk County Wisconsin, Ensley was contacted by the ad- a fixture in Allegheny County’s public life for a demonstration, HCFA, the agency that ad- ministrators at Campbell and offered a position number of decades. ministers Medicare, invited companies to as an instructor in the Department of Commu- On June 1, 2001, James I. Smith III will re- compete to sell medical equipment and sup- nications. He accepted and joined the Camp- tire as the executive director of the Allegheny plies to 92,000 Medicare beneficiaries in Polk bell family. County Bar Association. Mr. Smith has served County. Bids were evaluated on the basis of Ensley was promoted to assistant professor as the executive director of this organization quality and price. The new rates set by this competitive process are saving individual in 1990 and twice—1989 and 1999—has won for the last 38 years. the Dean’s Award for Teaching Excellence. beneficiaries and Medicare an average of 17 In the course of his tenure, Mr. Smith has percent on the cost of certain medical sup- The Student Government Association honored made a number of innovative changes in the plies, while protecting quality and access for him with the first ‘‘Professor of the Year’’ organization’s operations. In addition to super- Polk County beneficiaries. The competitive award in 1993–94, and he was also honored vising the ACBA’s many departments, Mr. bidding process took place in the spring of as ‘‘Teacher of the Year’’ by the Omicron Smith instituted the ACBA’s first Bench-Bar 1999. The new rates took effect on Oct. 1, Delta Kappa society in June of 1994. That Conference, developed a daily in-house legal 1999, and will remain in effect until Sept. 30, same year, the college yearbook was dedi- 2001. newspaper, and developed the first video dep- HCFA implemented a similar demonstra- cated to him. In 1987, the college of Jour- osition service in the nation. He has carried nalism at the University of South Carolina tion in three Texas counties in the San An- out his duties with great dedication and pro- tonio area—Bexar, Comal and Guadelupe awarded him its Excellence in Research fessionalism. counties. Suppliers who wished to sell prod- Award for his masters thesis. I commend Mr. Smith for his many contribu- ucts in five categories to Medicare bene- Ensley’s most dramatic contribution to the tions to the community, and I wish him a long ficiaries in the region were required to com- University came in 1991 when he created the and happy retirement. pete on the basis of quality and price in the Department of Mass Communications at the spring of 2000. As in the Polk County process, f university. As director of the new department, the new prices are saving individual bene- he designed curriculum, taught courses, and CONGRATULATIONS TO HCFA FOR ficiaries and Medicare an average of 20 per- established and monitored an internship pro- SAVING MEDICARE MONEY; CON- cent on the cost of certain medical supplies gram. GRESS SHOULD GIVE HCFA while protecting quality and access for San Antono beneficiaries. The new rates took ef- Hundreds of former students owe Ensley a MORE COMPETITIVE PUR- fect on Feb. 1, 2001, and will remain in effect debt of gratitude for the work he did with them CHASING TOOLS until Dec. 31, 2002. while they were at Campbell. One former stu- In the second round of the Polk County dent, Dallas Woodhouse, a political reporter HON. FORTNEY PETE STARK demonstration, suppliers will again compete this spring on the basis of quality and price for NBC–17 in Raleigh, says he owes his ca- OF CALIFORNIA for four of categories of medical equipment reer to the retiring educator. IN THE HOUSE OF REPRESENTATIVES ‘‘Ensley gave his life to his students,’’ and supplies categories included in the first Woodhouse says. ‘‘Nights. Weekends. Over- Wednesday, March 14, 2001 round of the pilot. The categories are: oxy- gen supplies; hospital beds; urological sup- nights. He gave it all and never complained. I Mr. STARK. Mr. Speaker, a lot of Members plies and surgical dressings. The fifth prod- have never seen someone work so much and of Congress have been criticizing HCFA lately, uct category, enteral nutrition, is not being so hard. I have never seen someone like Dan largely because they are trying to carry out im- included in the second round because the Ensley. I only hope I can teach my children possible complex laws passed by Members of focus of the demonstration is on medical his work ethic and his selflessness.’’ Congress. equipment and supplies delivered to the

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.022 pfrm01 PsN: E14PT1 E362 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 home, and enteral nutrition is primarily pro- to be intelligently managed, flexible, able to DR. THOMAS STARZL vided to nursing home residents. The rates see technological change before it over- determined for the second round are to take whelms them. Companies that can’t or won’t effect on Oct. 1, 2001, and will remain in ef- change will fail. And yet, it’s not unreason- HON. WILLIAM J. COYNE fect until Sept. 30, 2002. able for government to help such a vital en- OF PENNSYLVANIA terprise negotiate a market shaped by forces IN THE HOUSE OF REPRESENTATIVES f that bear little resemblance to economic GUEST CHAPLAIN, DR. CALVIN theory. Wednesday, March 14, 2001 The Bush administration is said to be TURPIN studying how best to assist steel. And a bi- Mr. COYNE. Mr. Speaker, I rise today to partisan group in the House of Representa- call my colleagues’ attention to an important HON. SAM FARR tives has offered a set of proposals, many of anniversary—the 20th anniversary of Dr. them rooted in ideas put forward by industry OF CALIFORNIA Thomas Starzl’s first liver transplant in Pitts- leaders and the United Steel Workers of IN THE HOUSE OF REPRESENTATIVES burgh, Pennsylvania. America. While specifics of the legislation, Dr. Starzl has been a pioneer in the field of Wednesday, March 14, 2001 whose co-sponsors include Cleveland-area organ transplants for the last 40 years. Dr. Democrats Dennis J. Kucinich, Stephanie Mr. FARR of California. Mr. Speaker, I am Tubbs Jones and Sherrod Brown, may be a Starzl performed the world’s first liver trans- pleased to submit background material on Dr. bit dubious, they do pinpoint areas that need plant in 1963 and the world’s first successful Calvin Turpin. Dr. Turpin, from my district, of- attention: foreign competition, ‘‘legacy liver transplant in 1967. His successful use of fered the prayer to open the House today. costs,’’ consolidation and capital. azathioprine and corticosteroids in kidney Dr. Calvin C. Turpin of Hallister, CA, is a Ask most steelmakers and their allies to transplants in 1962 and 1963 produced a native of Illinois. He is a retired professor of identify the industry’s No. 1 problem and surge of transplant research around the world. religion and an administrator from Hardin Sim- chances are they’ll finger the glut of low- Dr. Starzl’s successful experiments with anti- priced foreign steel that flooded this country mons University, Abilene, TX. last year. But the import crush is not some lymphocyte globulin and cyclosprine in 1980 Dr. Turpin earned a B.A., and M.A. from foreign plot. A strong U.S. dollar, while good enabled transplantation to move from the ex- Baylor University, Waco, TX; An M.A. from for the overall economy, makes imports rel- perimental stage to an accepted medical pro- Vanderbilt University, Nashville, TN; Bachelor atively cheaper and more desirable to cost- cedure. And in 1989, Dr. Starzl’s experimen- of Divinity; M.R.E. (Master of Religious Edu- conscious steel users. Even in the best of tation with another anti-rejection agent, FK506, cation) and a Master of Divinity from Southern times, American steel makers cannot meet led to additional advances in transplantation. Baptist Theological Seminary, Louisville, KY, domestic demand. Industry officials concede These are only a few of the highlights of Dr. and a Doctor of Science in Theology from that about a quarter of the steel used in this Starzl’s long and productive career. One country will always come from abroad, much Golden Gate Baptist Theological Seminary, of it slab that’s then finished by American measure of his contribution to modern medi- Mill Valley, CA. steel firms. cine is the sheer volume of research that he Dr. Turpin served as Deputy Chief of Chap- Still, American steel firms need some res- has produced. He has authored or co-au- lains for the Civil Air Patrol. He and his wife pite from bargain-basement competition. thored more than 2,000 articles, as well as Eudell are the parents of a son and daughter. The question is how to give it to them, espe- four books and 292 chapters. I would point out Dr. Turpin served in the Army during World cially since the world Trade Organization that Dr. Starzl has been identified by the Insti- War II and has served as a minister in South- has rejected America’s anti-dumping laws. tute for Scientific Information as the most cited Perhaps the administration at least could ern Baptist Churches in Texas, Kentucky, Ten- give American producers the ‘‘anti-surge’’ scientist in the field of clinical medicine. Truly, nessee, and California. warnings that NAFTA partners Mexico and he is a remarkable man. Presently he serves as National Chaplain of Canada provide their steelmakers by con- Dr. Starzl was born in 1926 in Iowa. He the American Legion (2000–2001). stantly monitoring imports. graduated with a bachelor’s degree in biology f U.S. steelmakers proudly point to billions from Westminster College in Missouri. He invested in modernization since the late studied medicine at the Northwestern Univer- REVIVING STEEL 1970s. America today makes as much steel sity Medical School in Chicago, and he did with a third as many workers. But shrinking the work force meant early retirement for graduate work at Johns Hopkins Hospital in HON. DENNIS J. KUCINICH thousands of empoloyees; LTV’s integrated Baltimore. He subsequently worked and stud- OF OHIO steel operations, for example, support 12,000 ied at Johns Hopkins, the University of Miami, IN THE HOUSE OF REPRESENTATIVES active workers and 72,000 retirees. Many es- and the Veterans Administration Research tablished steel firms thus face enormous Wednesday, March 14, 2001 Hospital in Chicago. Dr. Starzl served on the ‘‘legacy costs,’’ mostly for retiree health faculty of Northwestern University from 1958 Mr. KUCINICH. Mr. Speaker, I submit into care, that add an estimated $15 to $20 to the until 1961 and held several positions, including the RECORD the following editorial from the price of each ton. It’s a burden not shared by chairman of the department of surgery, at the March 11th edition of the Cleveland Plain domestic upstarts or by foreign competitors whose governments pay for health care. University of Colorado School of Medicine Dealer. I believe this piece speaks to the ur- The House bill proposes a surcharge on from 1962 until 1980. gent need for action to aid the American steel every ton of steel sold in the United States Since 1981, Dr. Starzl has been associated industry, and I encourage my colleagues to to help cover retiree health costs. A similar with the University of Pittsburgh School of read it. program operates in the coal industry. Medicine. Under his leadership, Pittsburgh be- [From the Plain Dealer, Mar. 11, 2001] Spreading the burden of legacy costs might came one of the largest and most successful speed the consolidation that many think the centers for transplant surgery in the world. REVIVING STEEL steel industry desperately needs. Treasury Why is America’s steel industry in such a Secretary Paul O’Neill, who led a troubled More than 5,700 liver transplants, 3,500 kid- sorry state? aluminum industry back to profitability ney transplants, 1,000 heart transplants, and Poor management, inefficient work rules, while at Alcoa, has signaled that any long- 500 lung transplants have been performed at runaway imports, outrageous energy costs, range fix for steel probably will require some the University of Pittsburgh Medical center. In low prices, expensive obligations to retirees, global reduction in capacity that pushes up 1991. Dr. Starzl became director of the Uni- skeptical landers and rapidly changing tech- prices. Retrenchment may cost some Amer- versity of Pittsburgh Transplantation Institute, nology have all played a role. But the collec- ican firms, but their workers and retirees and in 1996, the Institute was renamed in his tive impact is undeniable: In little more should not be punished in the process. than three years, 16 firms, including Cleve- Finally, steel may be on the verge of tech- honor. Dr. Starzl now holds the title of director land LTV Corp., have sought bankruptcy nological quantum leaps. But they won’t be emeritus, and continues to conduct cutting- protection. Since last spring, profits at even cheap, and already many banks are under- edge research on transplantation. Dr. Starzl the best-run firms have largely melted into standably leery of investing in such a dicey has also been active as a leader—and often pools of red ink; LTV lost $351 million in the industry. Even a federal program that cur- as a founding member—of a number of pro- last quarter alone. The mini-mills that once rently guarantees 85 percent of a loan has at- fessional and scientific organizations, and he seemed to be steel’s new wave now look al- tracted so few takers that the Bush budget received nearly 200 awards and honors for his most as vulnerable as the dinosaurs in this suggests cancelling it. Some suggest that work. historically cyclical industry. governments or pension funds could step in Since steel is an economic and military ne- as financiers. But before heading down that I salute Dr. Starzl for his many contributions cessity, America needs a healthy industry. risky road, let’s see whether help on import to the field of medicine on the occasion of the And in our system, that’s largely the respon- competition and legacy costs encourages pri- 20th anniversary of his first liver transplant in sibility of individual steelmakers. They have vate lenders to take another look at steel. Pittsburgh.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.026 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E363 INTRODUCTION OF YOUNG AMER- past midnight. Research shows that long session. A solid education—not after-school ICAN WORKERS’ BILL OF RIGHTS hours on the job take away time needed for employment—is the key to a successful future. ACT—H.R. 961 schoolwork or family and extracurricular activi- I ask my colleagues on both sides of the ties. The Young American Workers’ Bill of aisle to join me in cosponsoring The Young HON. TOM LANTOS Rights Act sets limits on the amount of time American Workers’ Bill of Rights Act. I urge OF CALIFORNIA students can work during the school year. This swift enactment of meaningful child labor law IN THE HOUSE OF REPRESENTATIVES is important Mr. Speaker, because studies reform legislation during this Congress. show that the more hours children work during Wednesday, March 14, 2001 the school year, the more likely they are to do f Mr. LANTOS. Mr. Speaker, last week, with poorly academically. Studies have also shown the support of 48 of our colleagues, I intro- that children who work long hours also tend to KANE HONORED FOR 47 YEARS IN duced comprehensive domestic child labor law use more alcohol and drugs. EDUCATION reform—H.R. 961, The Young American Work- Mr. Speaker, The Young American Workers’ ers’ Bill of Rights Act. This much-needed leg- Bill of Rights Act will reduce the problem of HON. PAUL E. KANJORSKI islation will provide greater protection for children working long hours when school is in American children in the workplace. The unfor- session, and it strengthens existing limitations OF PENNSYLVANIA tunate exploitation of child labor in America is on the number of hours children under 18 IN THE HOUSE OF REPRESENTATIVES not a thing of the past. It is a problem that years of age can work on school days. The bill Wednesday, March 14, 2001 continues to threaten the welfare and edu- would eliminate all youth labor before school. cation of millions of American young people. After-school work would be limited to 15 or 20 Mr. KANJORSKI. Mr. Speaker, I rise today Unless we swiftly enact this important legisla- hours per week, depending on the age of the to pay tribute to my very good friend, Anthony tion, children will continue to be employed in child. Additionally our legislation will require Kane of Sugar Notch, Pennsylvania, who is jobs that place their lives in danger, and stu- better record keeping and reporting of child being honored with a testimonial dinner on dents will continue to struggle with the com- labor violations. It also prohibits minors from March 17 by the Luzerne County Coordinating peting interests of holding a job and gaining operating or cleaning certain types of dan- Council and the Northeastern Region of the an education at a time when education should gerous equipment, and prohibits children from Pennsylvania State Education Association for be ‘‘priority number one’’. I urge my col- working under certain particularly hazardous his 47 years of hard work in the field of edu- leagues to join me in supporting this important conditions. cation. legislation. Children working early in the morning before Tony was born in Sugar Notch, graduated The exploitation of child labor is a national school or working late into the evening on from Sugar Notch High School and went on to problem that continues to jeopardize the days when school is in session is a serious continue his education at Wilkes College, health, education and lives of many of our na- problem facing our country. Recently, I met Bucknell University and New York University. tion’s children and teenagers. In farm fields with students from Aragon High School of San He obtained his master’s degree in music edu- and in fast-food restaurants all over this coun- Mateo, California, in my Congressional district. cation from Ithaca College. try, employers are breaking the law by hiring After talking about The Young American Work- Tony started teaching in 1954, choosing to under-age children. Many of these youth put in ers’ Bill of Rights Act to these students, who work at the Old Edwardsville School district long, hard hours and often work under dan- were visiting our nation’s capitol, the students because the pay was, as he put it, ’’a little bet- gerous conditions. Our legislation seeks to spoke up and voiced their concerns about ter’’ than elsewhere: $2,400 a year, the equiv- eliminate the all-too-common exploitation of being required to work past 11 or later on alent of just $15,622 today. children—working long hours late into the school nights. Every one of these students From that humble beginning, Tony has be- night while school is in session, and working spoke in favor of enacting The Young Amer- come a singularly important force in elevating under hazardous conditions. ican Workers’ Bill of Rights Act. the wages and working conditions of teachers Mr. Speaker, I am saddened to report that Mr. Speaker, our legislation also increases in the region and all of Pennsylvania to a level in this country, a young person is killed on the protection for children under the age of 14 that recognizes their education, dedication and job every five days. Every 40 seconds a child who are migrant or seasonal workers in agri- the importance of the duty with which we en- is injured on the job. It is appalling to learn culture. Current labor laws allow children— trust them, that of preparing our children for that the occupational injury rate for children even those under 10 years of age—to be em- the future. and teens is more than twice as high than it ployed in agriculture. Child farm laborers can The right to collective bargaining has been is for adults. These statistics are a national work unlimited hours before and after school, crucial to raising the standard of living for disgrace. It is totally unacceptable for a civ- and they are not even eligible for overtime teachers in Pennsylvania. In addition to advo- ilized, advanced society such as ours to have pay. At the age of 14, or even earlier, children cating for the improved wages and benefits, our children injured and killed on the job. working in agriculture are using knives and Pennsylvania teachers have also used their Mr. Speaker, The Young American Workers’ machetes, operate dangerous machinery, and voice to secure more education funding. Bill of Rights Act would establish new, tougher are exposed to dangerous toxic pesticides. In penalties for willful violations of child labor no other industry in this nation are children so Mr. Speaker, Tony has been a leader in all laws that result in the death or serious bodily exploited as they are in agriculture. These are those efforts. In 1969, his fellow teachers rec- injury to a child. Not only does the bill in- not children working on family farms, these ognized his abilities as a labor leader and crease fines and prison sentences for willful are children working for agribusiness, these elected him president of the Wyoming Valley violation of our laws, but it will also assure that are children exploited by agribusiness. West Education Association. He has served in the names of child labor law violators are pub- I want to make it adamantly clear that as that post ever since, and in 1981, he was licized. Nothing will deter corporate giants supporters of child labor reform we do not op- elected to the Pennsylvania State Education more than negative publicity. Negative pub- pose young people working. I firmly believe Association’s political action committee. He licity is one of the most effective tools we have that children must be taught the value of work. has chaired numerous state and local task to change corporate behavior. They need to learn the important lessons of forces and committees. While people often associate the evils of responsibility, and they need to enjoy the re- Tony’s dedication to the labor movement child labor with Third World countries, Amer- wards of working. It is not our aim to discour- and improving the standard of living for his ican children and teenagers are also exploited age employers from hiring young people. colleague also carried over into his career as on the job. Our economy has changed signifi- Rather, our goal is to ensure that the job op- an accomplished accordion player. He be- cantly since the days when teenagers held portunities available to young people are came secretary of the American Federation of after school jobs at the ‘‘Mom and Pop’’ gro- meaningful, safe and healthy and do not inter- Musicians, Local 140, in 1962, another post cery store or soda shop on the corner. In to- fere with their important school responsibilities. he still holds. One of his accomplishments for day’s low unemployment economy, teenagers Mr. Speaker, let me state unequivocally that his fellow musicians was securing a pension are hired to fill-in or replace jobs previously we do not oppose children taking on after- plan for the Northeast Philharmonic Orchestra. held by adults in full-time positions. They work school employment. What we oppose are the Mr. Speaker, I am pleased to call to the at- in franchise fast food restaurants and national senseless deaths and needless injuries of our tention of the House of Representatives the supermarket chains. teenagers. We oppose the negative effects on hard work and distinguished career of Anthony Many high-school students are working 30 academic achievement that result when chil- Kane, and I join his many friends in wishing to 40 hours a week, and they often work well dren work excessive hours while school is in him and his wife, Sarah, well.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.030 pfrm01 PsN: E14PT1 E364 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 SECURITY AT THE NATIONAL LAB- that ‘‘security people are not talking to sci- ments necessary to safeguard the nation’s ORATORIES: A PROBLEM DE- entists.’’ pre-eminent nuclear research labs, those re- MANDING A REMEDY Mr. Speaker, the issues at stake are too im- searchers should seek employment else- portant to ignore. This Member urges Presi- where. dent Bush to ensure that proper security be- This situation did not come about over- HON. DOUG BEREUTER night. For many years, well preceding Clin- comes a priority at Federally funded institu- OF NEBRASKA ton, scientists at Los Alamos and other labs tions, such as the national weapons labora- tended to display an inappropriate elitist at- IN THE HOUSE OF REPRESENTATIVES tories, which perform classified work. This titude, acting as if they were above the com- Wednesday, March 14, 2001 Member commends to his colleagues an edi- mon-sense, if inconvenient, security proto- torial in the February 24, 2001, edition of the cols routinely required of everyone else in Mr. BEREUTER. Mr. Speaker, this Member Omaha World-Herald. As the editorial notes, the defense establishment. The situation rises to call attention to the continuing threat ‘‘George W. Bush campaigned last year on a worsened during the Clinton administration to U.S. national security posed by lax security pledge that he would make the security of the as top administrative slots at energy were standards at our national weapons labora- nation’s nuclear labs a priority. In the wake of filled by appointees who exhibited far more enthusiasm for ‘‘progressive’’ endeavors such tories. As we have learned in recent years, lax these ongoing embarrassments, it is essential security at our Department of Energy national as unsealing classified documents about past that his Department of Energy deliver on that radiation-exposure scandals than in some- weapons laboratories has resulted in the loss promise.’’ of some of this nation’s most important se- thing as passe as buttressing weapons-lab se- curity. crets. This Member had the honor to serve on NUCLEAR SECURITY PARTICULARLY URGENT One of the Clinton administration’s great- Last week, the chairman of a commission the select committee tasked with investigating charged with overseeing security at the nu- the loss of highly sensitive, classified program est failures was the Department of Energy’s bumbling efforts to maintain security at the clear labs described ongoing problems. There technology to the People’s Republic of China nation’s nuclear weapons labs. Last year, is ‘‘dissonance within the system,’’ he said, (the Cox Committee), and can testify that se- after embarrassing security breaches ex- and ‘‘security people are not talking to sci- curity at our national weapons laboratories posed the department’s Keystone Kops ap- entists.’’ Those are astounding admissions. had been dangerously compromised. Other in- proach to security, then-Energy Secretary Even at this late date, after all the scandals vestigations have come to similar conclusions. Bill Richardson said his department had fi- and exposes and reviews, the security ar- In 1999, a Presidential Commission led by nally set things right. Yet, according to a rangements for the weapons tabs are still in a shambles? former Senator Warren Rudman pointed to a new press report, in his final days in office, Richardson suspended those security meas- George W. Bush campaigned last year on a dysfunctional culture that rebelled at the notion ures pending a review, saying they had pledge that he would make the security of of addressing security requirements at the harmed morale. the nation’s nuclear labs a priority. In the labs. In recent days, yet another commission Richardson’s action was ill-considered and wake of these ongoing embarrassments, it is has issued a devastating critique, noting that exasperating. If scientists lack the profes- essential that his Department of Energy de- ‘‘there is a dissonance within the system’’ and sionalism to accept the security require- liver on that promise.

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.030 pfrm01 PsN: E14PT1 March 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E365 SENATE COMMITTEE MEETINGS 9:30 a.m. 2:30 p.m. Energy and Natural Resources Energy and Natural Resources Title IV of Senate Resolution 4, To hold oversight hearings to review cur- Forests and Public Land Management Sub- agreed to by the Senate on February 4, rent United States energy trends and committee 1977, calls for establishment of a sys- recent changes in U.S. energy markets. To hold oversight hearings on the imple- SD–106 mentation of the Administration’s Na- tem for a computerized schedule of all 10 a.m. tional Fire Plan. meetings and hearings of Senate com- Appropriations SD–124 mittees, subcommittees, joint commit- Defense Subcommittee tees, and committees of conference. To hold hearings to examine issues sur- APRIL 3 This title requires all such committees rounding the North Atlantic Treaty Or- 10 a.m. to notify the Office of the Senate Daily ganization. Judiciary SD–192 To hold hearings to examine online en- Digest—designated by the Rules com- 2 p.m. tertainment and related copyright law. mittee—of the time, place, and purpose Energy and Natural Resources SD–226 of the meetings, when scheduled, and Water and Power Subcommittee any cancellations or changes in the To hold oversight hearings on the Klam- APRIL 24 meetings as they occur. ath Project in Oregon, including imple- 10 a.m. mentation of PL 106-498 and how the Appropriations As an additional procedure along project might operate in what is pro- Energy and Water Development Sub- with the computerization of this infor- jected to be a short water year. committee mation, the Office of the Senate Daily SD–628 To hold hearings on proposed budget es- Digest will prepare this information for Foreign Relations timates for fiscal year 2002 for the Bu- To hold hearings on the nomination of reau of Reclamation, of the Depart- printing in the Extensions of Remarks Grant S. Green, Jr., of Virginia, to be ment of the Interior, and Army Corps section of the CONGRESSIONAL RECORD Under Secretary of State for Manage- of Engineers. on Monday and Wednesday of each ment. SD–124 week. SD–419 3 p.m. APRIL 25 Meetings scheduled for Thursday, Intelligence 10 a.m. March 15, 2001 may be found in the To hold closed hearings on intelligence Judiciary Daily Digest of today’s RECORD. matters. To hold hearings to examine the legal SH–219 issues surrounding faith based solu- tions. MEETINGS SCHEDULED MARCH 22 SD–226 9 a.m. MARCH 19 APRIL 26 Agriculture, Nutrition, and Forestry 1 p.m. To hold hearings to review the Food 2 p.m. Banking, Housing, and Urban Affairs Safety and Inspection Service, Depart- Appropriations Housing and Transportation Subcommittee ment of Agriculture. Energy and Water Development Sub- To hold hearings to examine the current SH–216 committee state of Department of Housing and 10 a.m. To hold hearings on proposed budget es- Urban Development’s Federal Housing Veterans’ Affairs timates for fiscal year 2002 for the Na- Administration Insurance Fund. tional Nuclear Security Administra- SD–538 To hold joint hearings with the House Committee on Veterans’ Affairs to ex- tion, Department of Energy. 2:30 p.m. SD–124 Armed Services amine the legislative recommendations of the AMVETS, American Ex-Pris- Strategic Subcommittee MAY 1 To hold hearings to examine the fiscal oners of War, Vietnam Veterans of 10 a.m. year 2000 report to assess the reli- America, Retired Officers Association, Appropriations ability, safety, and security of the and the National Association of State Energy and Water Development Sub- United States nuclear stockpile. Directors of Veterans Affairs. SR–222 345 Cannon Building committee Governmental Affairs To hold hearings on proposed budget es- timates for fiscal year 2002 for certain MARCH 20 Oversight of Government Management, Re- Department of Energy programs relat- 9:30 a.m. structuring and the District of Colum- ing to Energy Efficiency Renewable Armed Services bia Subcommittee Energy, science, and nuclear issues. Readiness and Management Support Sub- To hold hearings to assess the District of SD–124 committee Columbia Metropolitan Police Depart- Judiciary To hold hearings to examine the readi- ment’s achievement of its year 2000 To hold hearings to examine high tech- ness impact of range encroachment performance goals. nology patents, relating to business issues, including endangered species SD–342 methods and the internet. and critical habitats; sustainment of 2:30 p.m. SD–226 the maritime environment; airspace Energy and Natural Resources management; urban sprawl; air pollu- National Parks, Historic Preservation, and MAY 3 tion; unexploded ordinance; and noise. Recreation Subcommittee SR–232A 2 p.m. To hold oversight hearings to review the 10:30 a.m. Appropriations National Park Service’s implementa- Foreign Relations Energy and Water Development Sub- tion of management policies and proce- To hold hearings on the nomination of committee Marc Isaiah Grossman, of Virginia, to dures to comply with the provisions of To hold hearings on proposed budget es- be Under Secretary of State (Political Title IV of the National Parks Omni- timates for fiscal year 2002 for Depart- Affairs). bus Management Act of 1998. ment of Energy environmental man- SD–419 SD–192 agement and the Office of Civilian Radio Active Waste Management. MARCH 21 MARCH 29 SD–124 9 a.m. 9 a.m. Environment and Public Works Agriculture, Nutrition, and Forestry MAY 8 Clean Air, Wetlands, Private Property, and To hold hearings to review environ- 10 a.m. Nuclear Safety Subcommittee mental trading opportunities for agri- Judiciary To hold hearings on harmonizing the culture. To hold hearings to examine high tech- Clean Air Act with our nation’s energy SR–328A nology patents, relating to genetics policy. and biotechnology. SD–406 SD–226

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.032 pfrm01 PsN: E14PT1 E366 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2001 POSTPONEMENTS MARCH 27 APRIL 3 10:30 a.m. 10 a.m. MARCH 16 Appropriations Appropriations 9:30 a.m. Energy and Water Development Sub- Energy and Water Development Sub- Finance committee committee To hold hearings to examine issues relat- To hold oversight hearings on issues re- To hold oversight hearings to examine ing to international trade and the lating to Yucca Mountain. issues surrounding nuclear power. American economy. SD–124 SD–124 SD–215

VerDate 112000 03:52 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M14MR8.000 pfrm01 PsN: E14PT1 Wednesday, March 14, 2001 Daily Digest Senate ered to be articles like or directly competitive with Chamber Action taconite pellets for purposes of determining the eli- Routine Proceedings, pages S2269–S2321 gibility of certain workers for trade adjustment as- Measures Introduced: Eleven bills and one resolu- sistance under the Trade Act of 1974. tion were introduced, as follows: S. 527–537, and S. Pages S2273, S2284–85 Res. 60. Pages S2305–06 Hatch Amendment No. 96 (to Amendment No. 93), of a perfecting nature. Pages S2288–90 Measures Reported: Pending: S. 143, to amend the Securities Act of 1933 and Leahy Amendment No. 20, to resolve an ambi- the Securities Exchange Act of 1934, to reduce secu- guity relating to the definition of current monthly rities fees in excess of those required to fund the op- income. Pages S2273, S2299 erations of the Securities and Exchange Commission, Wellstone Amendment No. 35, to clarify the du- to adjust compensation provisions for employees of ties of a debtor who is the plan administrator of an the Commission, with an amendment in the nature employee benefit plan. Page S2273 of a substitute. (S. Rept. No. 107–3) Page S2305 Kennedy Amendment No. 38, to allow for reason- Bankruptcy Reform: Senate continued consider- able medical expenses. Page S2273 ation of S. 420, to amend title 11, United States Collins Amendment No. 16, to provide family Code, taking action on the following amendments fishermen with the same kind of protections and proposed thereto: Pages S2273–97, S2299–S2300 terms as granted to family farmers under chapter 12 Adopted: of the bankruptcy laws. Page S2273 Carnahan Amendment No. 40, to ensure addi- Leahy Modified Amendment No. 41, to protect tional expenses associated with home energy costs are the identity of minor children in bankruptcy pro- included in the debtor’s monthly expenses. ceedings. Pages S2273, S2299 Pages S2273, S2274 Reid (for Breaux) Amendment No. 94, to provide Rejected: for the reissuance of a rule relating to ergonomics. Wyden Amendment No. 78, to provide for the Page S2273 nondischargeability of debts arising from the ex- Reid (for Leahy) Amendment No. 19, to correct change of electric energy. (By 67 yeas to 30 nays, the treatment of certain spousal income for purposes 1 responding present (Vote No. 26), Senate tabled of means testing. Pages S2279, S2297 the amendment.) Pages S2273–76 During consideration of this measure today, Senate Smith (OR)/Wyden Amendment No. 95 (to also took the following action: Amendment No. 78), of a perfecting nature. By 80 yeas to 19 nays, 1 responding present (Vote (Amendment No. 95 fell when Amendment No. 78 No. 29), three-fifths of those Senators duly chosen (listed above) was tabled.) Pages S2273, S2275 and sworn having voted in the affirmative, Senate Reid (for Durbin) Amendment No. 93, in the na- agreed to close further debate on the bill. ture of a substitute. (By 64 yeas to 35 nays, 1 re- Pages S2296–97 sponding present (Vote No. 27), Senate tabled the Leahy Amendment No. 20 (listed above) was amendment.) Pages S2273, S2288–91, S2293–95 modified and then later the modification was viti- Wellstone Modified Amendment No. 36, to dis- ated. Page S2299 allow certain claims and prohibit coercive debt col- A unanimous-consent agreement was reached pro- lection practices. (By 58 yeas to 41 nays, 1 respond- viding for votes to occur on Reid (for Leahy) ing present (Vote No. 28), Senate tabled the amend- Amendment No. 19 and Leahy Modified Amend- ment.) Pages S2273, S2279–84, S2291–93, S2295–96 ment No. 41 (both listed above), beginning at 12 Withdrawn: noon, on Thursday, March 15, 2001. Page S2299 Wellstone Amendment No. 37, to provide that A unanimous-consent agreement was reached pro- imports of semifinished steel slabs shall be consid- viding for further consideration of the bill at 9:30 D209

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 D210 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2001 a.m. on Thursday, March 15, 2001, with Senator INTERNET TAX MORATORIUM Wellstone being recognized to offer certain amend- Committee on Commerce, Science, and Transportation: ments to be proposed thereto. Further, at 10:30 Committee concluded hearings to examine whether a.m., Senator Kohl will be recognized to offer an to extend the Internet Tax Freedom Act’s morato- amendment relating to the Homestead provision, rium on the ability of state or local governments to with a vote to occur thereon. Pages S2299–S2300 impose new sales taxes on Internet access services, or Appointments: to impose new taxes on electronic commerce allow- Congressional-Executive Commission on the Peo- ing states to require all remote sellers to collect and ple’s Republic of China: The Chair, on behalf of the remit sales taxes on deliveries into that state, after President of the Senate, and after consultation with receiving testimony from Wyoming Governor Jim the Democratic Leader, pursuant to Public Law Geringer, Cheyenne, on behalf of the National Gov- 106–286, appointed Senators Baucus, Levin, Fein- ernors Association; Massachusetts Lt. Governor Jane stein, and Dorgan to serve on the Congressional-Ex- Swift, Boston; Elizabeth Harchenko, Oregon Depart- ecutive Commission on the People’s Republic of ment of Revenue, Salem, on behalf of the Multistate China. Page S2321 Tax Commission; Frank G. Julian, Federated Depart- ment Stores, Inc., Cincinnati, Ohio, on behalf of the Executive Communications: Page S2305 Internet Tax Fairness Coalition; Peter Lowy, West- Messages From the House: Page S2305 field America, Los Angeles, California, on behalf of Measures Referred: Page S2305 the e-Fairness Coalition; Robert D. Comfort, Ama- zon.com, Seattle, Washington; and Jeff Dircksen, Statements on Introduced Bills: Pages S2307–19 National Taxpayers Union, Alexandria, Virginia. Additional Cosponsors: Pages S2306–07 BUSINESS MEETING Amendments Submitted: Page S2320 Committee on Energy and Natural Resources: Committee Additional Statements: Pages S2303–05 approved their fiscal year 2002 budgetary views and Notices of Hearings: Page S2321 estimates on programs which fall within the jurisdic- tion of the committee and agreed on recommenda- Authority for Committees: Page S2321 tions it will make thereon to the Committee on the Record Votes: Four record votes were taken today. Budget. (Total—29) Pages S2276, S2295–97 CHARITABLE GIVING TAX RELIEF Adjournment: Senate met at 9:30 a.m., and ad- journed at 6:07 p.m., until 9:30 a.m., on Thursday, Committee on Finance: Committee resumed hearings March 15, 2001. (For Senate’s program, see the re- on the President’s tax proposals to provide tax relief marks of the Acting Majority Leader in today’s to working families, focusing on proposals to expand Record on page S2321.) federal tax incentives for charitable giving, including S. 35, to provide relief to America’s working families and to promote continued economic growth by re- Committee Meetings turning a portion of the tax surplus to those who (Committees not listed did not meet) created it, S. 37, to provide for a charitable deduc- tion for contributions of food inventory, S. 205, to INTELLIGENCE PROGRAMS waive the income inclusion on a distribution from an Committee on Appropriations: Subcommittee on Defense individual retirement account to the extent that the concluded closed hearings to review intelligence pro- distribution is contributed for charitable purposes, S. grams, after receiving testimony from George J. 298, to amend the Internal Revenue Code of 1986 Tenet, Director, Central Intelligence Agency; Keith to allow non-itemizers a deduction for a portion of Hall, Director, National Reconnaissance Office; and their charitable contributions, S. 312, to provide tax Gen. Michael Hayden, Director, National Security relief for farmers and fishermen, and S. 393, to Agency, and Vice Adm. Thomas Wilson, Director, amend the Internal Revenue Code of 1986 to en- Defense Intelligence Agency, both of the Depart- courage charitable contributions to public charities ment of Defense. for use in medical research, receiving testimony from Senator Lugar; Rev. Floyd H. Flake, Allen Episcopal PRESIDENT’S BUDGET PROPOSAL Methodist Church, Jamaica, New York; Douglas Committee on the Budget: Committee concluded hear- O’Brien, America’s Second Harvest, Chicago, Illinois; ings to examine the President’s proposed budget re- Mary Sue Coleman, University of Iowa, Iowa City; quest for fiscal year 2002, after receiving testimony and C. Eugene Steuerle, Urban Institute, John P. from Colin L. Powell, Secretary of State. Walters, Philanthropy Roundtable, and Donald C.

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 March 14, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D211 Alexander, former Internal Revenue Service Commis- Cerebral Palsy Associations, Inc., and Richard sioner, all of Washington, D.C. Trumka, AFL–CIO, all of Washington, D.C.; Juan Hearings recessed subject to call. A. Figueroa, Puerto Rican Legal Defense and Edu- DRUG TREATMENT, EDUCATION AND cation Fund, Inc., New York, New York; Deborah PREVENTION M. Phillips, Voting Integrity Project, Arlington, Virginia; and Stephen Knack, Bethesda, Maryland. Committee on the Judiciary: Committee held hearings Hearings recessed subject to call. on proposed legislation to reduce illegal drug use and trafficking and to help provide appropriate drug BUSINESS MEETING education, prevention, and treatment programs, re- Committee on Indian Affairs: Committee approved ceiving testimony from Donnie R. Marshall, Admin- their fiscal year 2002 budgetary views and estimates istrator, Drug Enforcement Administration, and Paul on programs which fall within the jurisdiction of the M. Warner, United States Attorney for the District committee and agreed on recommendations it will Court of Utah, Salt Lake City, both of the Depart- make thereon to the Committee on the Budget. ment of Justice; Alan I. Leshner, Director, National Institute on Drug Abuse, Department of Health and NATIVE AMERICAN EDUCATION Human Services; Robert DuPont, Institute for Be- IMPROVEMENT havior and Health, Inc., Washington, D.C., former Committee on Indian Affairs: Committee concluded White House Drug Czar; A. James Walton, Jr., hearings on S. 211, to amend the Education Amend- Vermont State Department of Public Safety, Water- ments of 1978 and the Tribally Controlled Schools bury; Edyie Hewitt, East Wallingford, Vermont, on Act of 1988 to improve education for Indians, Na- behalf of the Vermont Federation of Families for tive Hawaiians, and Alaskan Natives, after receiving Children’s Mental Health; Carroll O’Connor, Los testimony from William Mehojah, Director, Office Angeles, California; and Debra Walcott, Lake of Indian Education Programs, Department of the Ronkonkoma, New York. Interior; Roger Bordeaux, Tiospa Zina Tribal School, Hearings recessed subject to call. Agency Village, South Dakota, on behalf of the As- sociation of Community Tribal Schools; Angela Bar- ELECTION REFORM ney Nez, Navajo Area School Board Association, and Committee on Rules and Administration: Committee Lorena Zah Bahe, Association of Navajo Community held hearings on election reform issues, including Controlled School Boards, both of Window Rock, voter registration, ballot casting, voting equipment, Arizona; and John W. Cheek, National Indian Edu- election administration, and issues related to the cation Association, Alexandria, Virginia. 2000 election, receiving testimony from James Gashel, National Federation for the Blind, Balti- INTELLIGENCE more, Maryland; R. Doug Lewis, The Election Cen- Select Committee on Intelligence: Committee held closed ter, Houston, Texas; Todd F. Gaziano, Heritage hearings on intelligence matters, receiving testimony Foundation, Hillary O. Shelton, National Association from officials of the intelligence community. for the Advancement of Colored People, John Sam- Committee will meet again Wednesday, March ples, Cato Institute, Robert R. Williams, United 21. h House of Representatives quirements and to establish a task force to examine Chamber Action the feasibility of streamlining paperwork require- Bills Introduced: 26 public bills, H.R. 8, 10, ments applicable to small businesses (H. Rept. 1013–1036; and 5 resolutions, H. Con. Res. 62–63, 107–22). Page H926 and H. Res. 88–90, were introduced. Pages H926–29 Guest Chaplain: The prayer was offered by the Reports Filed: Reports were filed today as follows: guest Chaplain, Dr. Calvin C. Turpin of Hollister, H. Res. 89, providing for consideration of H.R. California, National Chaplain of the American Le- 327, to amend chapter 35 of title 44, United States gion. Page H881 Code, for the purpose of facilitating compliance by small businesses with certain Federal paperwork re-

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 D212 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2001 Committee Election: The House agreed to H. Res. Japan-United States Friendship Commission: The 88, electing Members to the Committee on Agri- Chair announced the Speaker’s appointment of Rep- culture: to rank immediately after Mr. Phelps of Illi- resentative McDermott to the Japan-United States nois, Mr. Lucas of Kentucky; to rank immediately Friendship Commission. Page H904 after Mr. Acevedo-Vila´ of Puerto Rico, Mr. Kind of Committee Election: The House agreed to H. Res. Wisconsin and Mr. Shows of Mississippi. And, to 90, electing Mrs. Jones of Ohio to the Committee the Committee on the Budget: Mr. Matheson of on Standards of Official Conduct. Page H918 Utah. Page H885 Quorum Calls—Votes: Two yea and nay votes de- Suspensions: The House agreed to suspend the rules veloped during the proceedings of the House today and pass the following measures: and appear on pages H902–03 and H903. There Made in America Information Toll Free Num- were no quorum calls. ber: H.R. 725, amended, to establish a toll free Adjournment: The House met at 10 a.m. and ad- number under the Federal Trade Commission to as- journed at 3:45 p.m. sist consumers in determining if products are Amer- ican-made (passed by a yea and nay vote of 407 yeas Committee Meetings to 3 nays, Roll No. 48); Pages H883–85, H902–03 FEDERAL FARM COMMODITY PROGRAMS Marjory Williams Scrivens Post Office in Miami, Florida: H.R. 364, to designate the facility Committee on Agriculture: Continued hearings on fed- of the United States Postal Service located at 5927 eral farm commodity programs, with the National Southwest 70th Street in Miami, Florida, as the Farmers Union. Testimony was heard from Leland ‘‘Marjory Williams Scrivens Post Office;’’ Swenson, President, National Farmers Union. Hearings continue tomorrow. Pages H885–86 Joe Trogdon Post Office Building in Asheboro, AGRICULTURE APPROPRIATIONS North Carolina: H.R. 821, to designate the facility Committee on Appropriations: Subcommittee on Agri- of the United States Postal Service located at 1030 culture, Rural Development, Food and Drug and Re- South Church Street in Asheboro, North Carolina, as lated Agencies held a hearing on Inspector General, the ‘‘W. Joe Trogdon Post Office Building;’’ USDA. Testimony was heard from Roger C. Viadero, Pages H886–87 Inspector General, USDA. Antitrust Technical Corrections: H.R. 809, to DEFENSE APPROPRIATIONS make technical corrections to various antitrust laws Committee on Appropriations: Subcommittee on Defense and to references to such laws; Pages H888–89 met in executive session to hold a hearing on U.S. Madrid Protocol Implementation: H.R. 741, to European Command. Testimony was heard from amend the Trademark Act of 1946 to provide for Gen. Joseph W. Ralston, USAF, Commander in the registration and protection of trademarks used in Chief, European Command, Department of Defense. commerce, in order to carry out provisions of certain The Subcommittee also met in executive session international conventions; Pages H889–93 to hold a hearing on U.S. Space Command. Testi- mony was heard from Gen. Ralph Eberhart, USAF, Multidistrict, Multiparty, Multiforum Trial Ju- Commander in Chief, U.S. Space Command and risdiction: H.R. 860, to amend title 28, United North American Aerospace Command, Department States Code, to allow a judge to whom a case is of Defense. transferred to retain jurisdiction over certain multi- district litigation cases for trial, and to provide for LABOR, HHS, AND EDUCATION Federal jurisdiction of certain multiparty, APPROPRIATIONS multiforum civil actions; Pages H893–98 Committee on Appropriations: Subcommittee on Labor, Intellectual Property and High Technology Tech- Health and Human Services and Education contin- nical Amendments: S. 320, amended, to make tech- ued appropriation hearings. Testimony was heard nical corrections in patent, copyright, and trademark from public witnesses. laws; and Pages H898–H901 Hearings continue tomorrow. Vacating Arbitration Award Technical Amend- MILITARY CONSTRUCTION ments: H.R. 861, to make technical amendments to APPROPRIATIONS section 10 of title 9, United States Code (passed by Committee on Appropriations: Subcommittee on Mili- a yea and nay vote of 413 yeas with none voting tary Construction held a hearing on European Mili- ‘‘nay’’, Roll No. 49). Pages H901–02, H903 tary Construction. Testimony was heard from Gen.

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 March 14, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D213 Joseph W. Ralston, USAF, Commander in Chief, Enterprises held a hearing on Public Access to Stock European Command, Department of Defense. Market Data-Improving Transparency and Competi- tion. Testimony was heard from public witnesses. TRANSPORTATION APPROPRIATIONS Committee on Appropriations: Subcommittee on Trans- CONFRONTING LIBERIA portation continued appropriation hearings. Testi- Committee on International Relations: Subcommittee on mony was heard from Members of Congress. Africa held a hearing on Confronting Liberia. Testi- TRICARE BENEFITS IMPLEMENTATION mony was heard from Senator Feingold; and public witnesses. Committee on Armed Services: Subcommittee on Mili- tary Personnel held a hearing on implementation of EL SALVADOR EARTHQUAKES; PERU— TRICARE benefits for Medicare-eligible military re- PROSPECTS FOR FREE AND FAIR tirees. Testimony was heard from the following offi- ELECTIONS cials of the Department of Defense: Rear Adm. Committee on International Relations: Subcommittee on Jarrett Clinton, USN, Acting Assistant Secretary Western Hemisphere approved for full committee (Health Affairs); James Sears, Director, TRICARE action H. Con. Res. 41, expressing sympathy for the Management Activity; and Kenneth C. Scheflen, Di- victims of the devastating earthquakes that struck El rector, Defense Manpower Data Center; Elizabeth Salvador on January 13, and February 13, 2001, and Cusick, Acting Executive Associate Administrator, supporting ongoing aid efforts. Health Care Financing Administration, Department The Subcommittee also held a hearing on Pros- of Health and Human Services; and public witnesses. pects for Free and Fair Elections in Peru. Testimony USDA BUDGET PRIORITIES was heard from Ambassador Luis Lauredo, OAS, De- Committee on the Budget: partment of State; Susan Westin, Managing Director, Held a hearing on the De- International Affairs and Trade, GAO; and a public partment of Agriculture Budget Priorities for Fiscal witness. Year 2002. Testimony was heard from Representa- tive Stenholm; Ann M. Veneman, Secretary of Agri- PRIVATE IMMIGRATION AND PRIVATE culture; and a public witness. CLAIMS BILLS EMPOWERING SUCCESS: FLEXIBILITY AND Committee on the Judiciary: Subcommittee on Immi- SCHOOL CHOICE gration and Claims approved for full Committee ac- Committee on Education and the Workforce: Sub- tion a private claims bill. committee on Education Reform held a hearing on Prior to this action, the Subcommittee adopted Empowering Success: Flexibility and School Choice. Rules of Procedure for private immigration bills and Testimony was heard from. Lisa Graham Keegan, private claims bills and policy on Federal Charters. Superintendent of Public Instruction, Department of SMALL BUSINESS PAPERWORK RELIEF Education, State of Arizona; Spence Korte, Super- ACT; BUDGET VIEWS AND ESTIMATES intendent, Public Schools, Milwaukee, Wisconsin; and public witnesses. Committee on Rules: Granted, by voice vote, an open rule providing 1 hour of debate on H.R. 327, Small OVERSIGHT—NATIONAL ENERGY POLICY: Business Paperwork Relief Act. The rule provides COAL that it shall be in order to consider as an original Committee on Energy and Commerce: Subcommittee on bill for the purpose of amendment the amendment Energy and Air Quality held an oversight hearing on in the nature of a substitute printed in the Congres- National Energy Policy: Coal. Testimony was heard sional Record and numbered 1. The rule provides from Mary Hutzler, Director, Office of Integrated that the amendment in the nature of a substitute Analysis and Forecasting, Energy Information Agen- shall be open for amendment by section. The rule al- cy, Department of Energy; Billy Jack Gregg, Direc- lows the Chairman of the Committee of the Whole tor. Consumer Advocate Division, Public Service to accord priority in recognition to Members who Commission, State of West Virginia; Edwin Pinero, have preprinted their amendments in the Congres- Director, Program Operations, Office of Pollution sional Record. Finally, the rule provides one motion and Compliance, Department of Environmental Pro- to recommit with or without instructions. Testimony tection, State of Pennsylvania. was heard from Chairman Burton and Representa- tives Ose and Tierney. PUBLIC ACCESS TO STOCK MARKET DATA The Committee adopted Budget Views and Esti- Committee on Financial Services: Subcommittee on Cap- mates for Fiscal Year 2002 for submission to the ital Markets, Insurance and Government Sponsored Committee on the Budget.

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 D214 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2001 CLIMATE CHANGE and Fire Coordination, Department of the Interior; Committee on Science: Held a hearing entitled: ‘‘Cli- and James Hubbard, Colorado State Forest Service, mate Change: The State of the Science.’’ Testimony Fort Collins, on behalf of the Western Governors As- was heard from Daniel Albritton, Director, sociation. Aeronmay Laboratory, NOAA, Department of Com- VETERANS PROGRAMS merce; and public witnesses. Joint Hearing: Senate Committee on Veterans’ Affairs BUDGET VIEWS AND ESTIMATES concluded joint hearings with the House Committee Committee on Small Business: Approved Committee on Veterans’ Affairs to examine the legislative rec- Budget Views and Estimates for Fiscal Year 2002 for ommendations of the Disabled American Veterans, submission to the Committee on the Budget. after receiving testimony from Armando C. Albarran, Disabled American Veterans, Washington, D.C., AIR TRAFFIC CONTROL SYSTEM— who was accompanied by several of his associates. MODERNIZATION f Committee on Transportation and Infrastructure, Sub- committee on Aviation held a hearing on the FAA’s NEW PUBLIC LAWS efforts to modernize the Air Traffic Control system, (For last listing of Public Laws, see DAILY DIGEST, p. D136) focusing on the Standard Terminal Automation Re- H.R. 559, to designate the United States court- placement System (STARS). Testimony was heard house located at 1 Courthouse Way in Boston, Mas- from the following officials of the Department of sachusetts, as the ‘‘John Joseph Moakley United Transportation: Kenneth M. Mead, Inspector Gen- States Courthouse’’. Signed March 13, 2001. (Public eral; and Steven Zaidman, Associate Administrator, Law 107–2) Research and Acquisitions, FAA; and public wit- S. 279, affecting the representation of the majority nesses. and minority membership of the Senate Members of ADMINISTRATION’S HEALTH AND the Joint Economic Committee. Signed March 13, WELFARE PRIORITIES; BUDGET VIEWS 2001. (Public Law 107–3) AND ESTIMATES f Committee on Ways and Means: Held a hearing on the COMMITTEE MEETINGS FOR THURSDAY, Administration’s Health and Welfare Priorities. Tes- MARCH 15, 2001 timony was heard from Tommy G. Thompson, Sec- retary of Health and Human Services. (Committee meetings are open unless otherwise indicated) Prior to this action, the Committee approved Senate Committee Budget Views and Estimates for Fiscal Year 2002 for submission to the Committee on the Committee on Appropriations: Subcommittee on Transpor- tation, to hold oversight hearings on competition and Budget. mobility issues in the freight rail industry, 10 a.m., BRIEFING—COVERT ACTION CAPABILITIES SD–124. Permanent Select Committee on Intelligence, Sub- Subcommittee on District of Columbia, to hold hear- ings on the District of Columbia’s child and family serv- committee on International Policy and National Se- ices receivership, 10:30 a.m., SD–192. curity and the Subcommittee on Human Intel- Committee on Banking, Housing, and Urban Affairs: busi- ligence, Analysis and Counterintelligence met in ex- ness meeting to mark up S. 149, to provide authority to ecutive session to hold a joint briefing on Covert Ac- control exports, 10 a.m., SD–538. tion Capabilities. The Subcommittees were briefed Committee on Commerce, Science, and Transportation: busi- by departmental witnesses. ness meeting to consider S. 319, to amend title 49, United States Code, to ensure that air carriers meet their obligations under the Airline Customer Service Agree- Joint Meetings ment, and provide improved passenger service in order to WILDFIRE PROGRAM meet public convenience and necessity; S. 361, to estab- Joint Hearing: Senate Appropriations’ Subcommittee lish age limitations for airmen; S. 415, to amend title 49, on the Interior concluded joint hearings with the United States Code, to require that air carriers meet pub- lic convenience and necessity requirements by ensuring House Committee on Appropriations’ Subcommittee competitive access by commercial air carriers to major cit- on the Interior on issues dealing with the wildfire ies; the committee resolution designating Senator Allen as program, after receiving testimony from Lyle Chairman of the Subcommittee on Science, Technology, Laverty, Associate Deputy Chief/National Fire Plan and Space; the nomination of Rear Adm. Thad W. Allen, Coordinator, Forest Service, Department of Agri- United States Coast Guard to be Commander, Atlantic culture; Tim Hartzell, Director, Office of Wildland Area, U.S. Coast Guard, with the grade of Vice Admiral;

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and other nominations for promotion in the United States Subcommittee on Military Construction, on Historic Coast Guard, 9:30 a.m., SR–253. Properties, 9:30 a.m., B–300 Rayburn. Committee on Energy and Natural Resources: to hold hear- Subcommittee on Transportation, on Airline Delays, ings on S. 26, to amend the Department of Energy Au- 10 a.m., 2358 Rayburn. thorization Act to authorize the Secretary of Energy to Committee on the Budget, hearing on Department of State impose interim limitations on the cost of electric energy Budget Priorities Fiscal Year 2002, 9:30 a.m., 210 Can- to protect consumers from unjust and unreasonable prices non. in the electric energy market; S. 80, to require the Fed- Committee on Education and the Workforce, Subcommittee eral Energy Regulatory Commission to order refunds of on 21st Century Competitiveness, hearing on Improving unjust, unreasonable, unduly discriminatory or pref- Student Achievement Through Technology, 10 a.m., erential rates or charges for electricity, to establish cost- 2175 Rayburn. based rates for electricity sold at wholesale in the West- Committee on Energy and Commerce, Subcommittee on ern Systems Coordinating Council; and S. 287, to direct Health, hearing entitled: ‘‘A Smarter Health Care Part- the Federal Energy Regulatory Commission to impose nership for American Families: Making Federal and State cost-of-service based rates on sales by public utilities of Roles in Managed Care Regulation and Liability Work electric energy at wholesale in the western energy market, for Accountable and Affordable Health Care Coverage,’’ and amendment No. 12 to S. 287, 9 a.m., SH–216. 10 a.m., 2322 Rayburn. Committee on Environment and Public Works: Sub- Subcommittee on Telecommunications and the Inter- committee on Transportation and Infrastructure, to hold net, hearing on Digital Television: A Private Sector Per- hearings to examine the Army Corps of Engineers man- spective on the Transition, 10 a.m., 2123 Rayburn. agement reforms, 9:30 a.m., SD–406. Committee on Government Reform, Subcommittee on Na- Committee on Finance: Subcommittee on Taxation and tional Security, Veterans’ Affairs and International Rela- IRS Oversight, to hold hearings to examine the preserva- tions, hearing on Vulnerabilities to Waste, Fraud and tion and protection of family business legacies, 10 a.m., Abuse: Inspectors General Views on Defense and National SD–215. Security Programs, 9 a.m., and on Inspectors General Full Committee, to resume hearings on issues relative Views on International Relations and Trade Programs, 1 to living without health insurance focusing on solutions including individual tax credits, employer tax credits, in- p.m., 2247 Rayburn. creased flexibility in Medicaid and the State Children’s Committee on International Relations, Subcommittee on Health Insurance Program, program expansions, and ways International Operations and Human Rights, hearing on to improve outreach, 2:30 p.m., SD–215. Human Rights in Northern Ireland: Promises Kept or Committee on Foreign Relations: to hold hearings on the Promises Broken? 9:30 a.m., 2172 Rayburn. nomination of Richard Lee Armitage, of Virginia, to be Committee on the Judiciary, Subcommittee on the Con- Deputy Secretary of State, 10:30 a.m., SD–419. stitution, hearing on H.R. 503, Unborn Victims of Vio- Subcommittee on European Affairs, to hold hearings to lence Act of 2001, 10 a.m., 2237 Rayburn. examine certification of the United States assistance to Committee on Resources, Subcommittee on Energy and Serbia, 2 p.m., SD–419. Mineral Resources, oversight hearing on Domestic Nat- Committee on Governmental Affairs: to hold hearings to ural Gas Supply and Demand: the Contribution to Public examine high performance computer export controls, 9:30 Lands and the OCS, 2 p.m., 1334 Longworth. a.m., SD–342. Subcommittee on Fisheries Conservation, Wildlife and Committee on the Judiciary: business meeting to consider Oceans, hearing on the following bills: H.R. 643, African S. Res. 50, designating March 25, 2001, as ‘‘Greek Inde- Elephant Conservation Reauthorization Act of 2001; H.R. pendence Day: A National Day of Celebration of Greek 645, Rhinoceros and Tiger Conservation Reauthorization and American Democracy’’ and subcommittee organiza- Act of 2001; and H.R. 700, Asian Elephant Conservation tion, Time to be announced, S–216, Capitol. Reauthorization Act of 2001, 10 a.m., 1324 Longworth. Committee on Transportation and Infrastructure, Sub- House committee on Water Resources and Environment, hearing Committee on Agriculture, to consider the following: on Brownfields: Lessons from the Field, 9:30 a.m., 2167 Committee Budget Views and Estimates for Fiscal Year Rayburn. 2002 for submission to the Committee on the Budget; Committee on Veterans’ Affairs, Subcommittee on Bene- and other pending Committee business; and to continue fits, hearing on the following: H.R. 801, Veterans’ Op- hearings on federal farm commodity programs, 9:30 a.m., portunities Act of 2001; and on VA’s implementation of 1300 Longworth. veterans transitional housing assistance, 9 a.m., 334 Can- Committee on Appropriations, Subcommittee on Defense, non. executive, on Worldwide Threat, 9:30 a.m., H–405 Cap- Committee on Ways and Means, Subcommittee on Health, itol, and executive, on U.S. Southern Command, 1:30 to continue hearings on Medicare Reform, 10 a.m., 1100 p.m., H–140 Capitol. Longworth. Subcommittee on Labor, Health and Human Services Subcommittee on Human Resources, hearing on Wel- and Education, on public witnesses, 10 a.m., 2358 Ray- fare Reform, 11 a.m., B–318 Rayburn. burn.

VerDate 11-MAY-2000 03:41 Mar 15, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR1.REC pfrm01 PsN: D14MR1 D216 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 15 10 a.m., Thursday, March 15

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 327, ation of S. 420, Bankruptcy Reform, with Senator Small Business Paperwork Relief Act (open rule, one hour Wellstone being recognized to offer certain amendments. of debate). At 10:30 a.m., Senator Kohl will be recognized to offer a certain amendment relating to the Homestead provi- sion, with a vote to occur thereon. Also, votes will occur on Reid (for Leahy) Amendment No. 19 and Leahy Modi- fied Amendment No. 41, beginning at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E360 Matheson, Jim, Utah, E357 Johnson, Eddie Bernice, Tex., E358 Mink, Patsy T., Hawaii, E358 Baca, Joe, Calif., E354, E355, E357 Kanjorski, Paul E., Pa., E363 Oxley, Michael G., Ohio, E355 Bereuter, Doug, Nebr., E360, E364 Kucinich, Dennis J., Ohio, E354, E355, E362 Phelps, David D., Ill., E361 Coyne, William J., Pa., E361, E362 Langevin, Jim, R.I., E357 Shaw, E. Clay, Jr., Fla., E359 DeMint, Jim, S.C., E355 Lantos, Tom, Calif., E363 Stark, Fortney Pete, Calif., E361 Deutsch, Peter, Fla., E353 LaTourette, Steve C., Ohio, E356 Traficant, James A., Jr., Ohio, E359 Dunn, Jennifer, Wash., E356 McCarthy, Carolyn, N.Y., E355 Udall, Mark, Colo., E359 Etheridge, Bob, N.C., E361 McCarthy, Karen, Mo., E353 Farr, Sam, Calif., E353, E362 Maloney, Carolyn B., N.Y., E360

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