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

Vol. 146 WASHINGTON, WEDNESDAY, JULY 26, 2000 No. 99 Senate The Senate met at 9:31 a.m. and was SCHEDULE business for debate only, except for a called to order by the President pro Mr. ALLARD. Mr. President, today motion to proceed made by the major- tempore [Mr. THURMOND]. the Senate will be in a period of morn- ity leader or his designee and the filing ing business until 10:15 a.m. with Sen- of a cloture motion thereon. Senators PRAYER ators DURBIN and COLLINS in control of will be permitted to speak therein for The Chaplain, Dr. Lloyd John the time. Following morning business, up to 10 minutes each. Under the pre- Ogilvie, offered the following prayer: the Senate will proceed to a cloture vious order, there should be 20 minutes Almighty God, take charge of the vote on the motion to proceed to the under the control of the Senator from control centers of our brains. Think Treasury and general government ap- Illinois, Mr. DURBIN, or his designee, Your thoughts through us and send to propriations bill. If cloture is invoked, and under the previous order there our nervous systems the pure signals of the Senate will begin 30 hours of should be 20 minutes under the control Your peace, power, and patience. Give postcloture debate. If cloture is not in- of the Senator from Maine, Ms. COL- us minds responsive to Your guidance. voked, the Senate will proceed to a sec- LINS, or her designee. Take charge of our tongues so that ond vote on the motion to proceed to The Senator from Illinois. we may speak truth with clarity, with- the intelligence authorization bill. f out rancor or anger. May our debates Again, if cloture is invoked on the mo- LEGISLATIVE PRIORITIES be efforts to reach agreement rather tion, postcloture debate will begin im- than simply to win arguments. Help us mediately. Mr. DURBIN. Mr. President, I am to think of each other as fellow Ameri- As a reminder, on Thursday the certain those who were observing the cans seeking Your best for our Nation, morning hour has been set aside for Senate Chamber yesterday and perhaps rather than enemy parties seeking to those Senators who wish to make their the day before are curious as to why defeat each other. Make us channels of final statements in remembrance of absolutely nothing is happening. It re- Your grace to others. May we respond the life of our former friend and col- flects the fact that there is no agree- to Your nudges to communicate affir- league, Senator Paul Coverdell. At the ment between the parties as to how to mation and encouragement. expiration of that time, a vote on the proceed on the business of the Senate, Help us to catch the drumbeat of motion to proceed to the energy and particularly on the appropriations Your direction and march to the ca- water appropriations bill will occur. bills. dence of Your guidance. Here are our I thank my colleagues for their at- At this moment in time negotiations lives. Inspire them with Your calming tention. I yield the floor. I suggest the are underway, and hopefully they will Spirit, strengthen them with Your absence of a quorum. be completed successfully very soon. powerful presence, and imbue them The PRESIDENT pro tempore. The At issue is the number of amendments with Your gift of faith to trust You to clerk will call the roll. to be offered, the time for the debate, bring unity into our diversity. In our The legislative clerk proceeded to and some tangential but very impor- Lord’s name. Amen. call the roll. tant issues such as the consideration of Mr. DURBIN. Mr. President, I ask appointments of Federal district court f unanimous consent that the order for judges across America to fill vacancies. PLEDGE OF ALLEGIANCE the quorum call be rescinded. These judgeships have been a source of The PRESIDING OFFICER (Mr. great controversy in recent times be- The Honorable WAYNE ALLARD, a ALLARD). Without objection, it is so or- cause there is a clear difference of Senator from the State of Colorado, led dered. opinion between Democrats and Repub- the Pledge of Allegiance, as follows: licans about how many judges should f I pledge allegiance to the Flag of the be appointed this year. United States of America, and to the Repub- RESERVATION OF LEADER TIME Of course, the Republicans in control lic for which it stands, one nation under God, of the Senate are hopeful that their indivisible, with liberty and justice for all. The PRESIDING OFFICER. Under the previous order, the leadership time candidate for President will prevail in f is reserved. November and that all of the vacancies f can then be filled by a Republican RECOGNITION OF THE ACTING President. That is understandable. The MAJORITY LEADER MORNING BUSINESS Democrats, on the other hand, in the The PRESIDENT pro tempore. The The PRESIDING OFFICER. Under minority in the Senate, have a Presi- acting majority leader, Senator the previous order, there will now be a dent who has the authority to appoint ALLARD, is recognized. period for the transaction of morning these judges and wants to exercise that

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

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VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7588 CONGRESSIONAL RECORD — SENATE July 26, 2000 authority in this closing year. Therein the Republican tax plans, with their wasn’t that long ago we were deep in lies the clash in confrontation. idea of tax cuts. deficit with a national debt that accu- Historically, the last time the tables In the area of the estate tax, a tax is mulated to almost $6 trillion. Now we were turned and there was a Repub- imposed on less than 2 percent of the are at a point where we have a strong lican President and a Democratic Sen- American population. Of 2.3 million economy, families are doing better, ate, President Ronald Reagan had 60 people who die each year, only 40,000 businesses are doing better, people are Federal district court judges appointed end up with any liability under the es- making more money, and the tax reve- in the election year. In fact, there were tate tax. It is a tax reserved for those nues coming in reflect it. That surplus hearings on some of them as late at who really have large estates that they is what we are debating. We have gone September of that year. This year, we have accumulated during a lifetime. from the days of the Reagan-Bush defi- have had about 30 appointed and we There are exemptions that people can cits to a new era where we are talking have many more vacancies, many more write off when it comes to the estate about a surplus and what we will do pending. We are hopeful, on the Demo- tax liability, and those exemptions are with it. cratic side, these will be filled. Those growing, as they should, to reflect the Those who are younger in America on the Republican side are adamant cost of living increases. should pay attention to this debate. If that they do not want to bring them By and large, the Republicans have you are a young person in America, we up. I hope they will reconsider that and proposed to do away with the tax com- are about to give you a very great na- at least give Democrats the same con- pletely, so the very wealthiest of tion. Our generation hopes to hand sideration we offered President Reagan Americans who pay this tax would re- over as good a country as we found, when he faced a Democratic Senate ceive the tax relief. perhaps even better, but we are also with many Federal district court va- What does it mean? On the Repub- going to hand over to you a very great cancies. lican plan, if you happen to be a person debt of $6 trillion. That debt we have to The other item of business which making over $300,000 a year in income— pay interest on. It is like a mortgage. consumed our attention over the last if my calculations are correct, that is You say to your children and grand- week or two related to tax relief. It is about $25,000 a month in income—the children: Welcome to America, wel- an interesting issue and one that many Republicans have suggested you need come to this land of opportunity, Members like to take back home and an annual tax cut of $23,000 as a result here’s the debt you will have to pay. discuss; certainly most American fami- of their elimination of the estate tax. In the late 1980s and 1990s in America, lies, regardless of whether they are That boils down to close to $2,000 a the political leadership in this country rich or poor, desire some reduction in month, for those making $25,000 a accumulated a massive debt, starting their tax burden. month, that the Republicans would with the election of President Reagan, The difference of opinion between the send your way when it comes to tax re- then with President Bush, and for the Democrats and Republicans on this lief. first few years of President Clinton we issue is very stark. There is a consider- Most American income categories continued to see this debt grow. We ation on the Republican side that tax are people making between $40,000 and have turned the corner. Under the Clin- relief should go to those who pay the $65,000 a year. Under the Republican ton-Gore leadership, under the votes most. Of course, those who pay the plan, if you happen to be with the vast that have been cast by Democrats in most taxes are, in fact, the wealthiest majority of Americans paying taxes, Congress, we now have a stronger econ- in this country. We have a progressive you aren’t going to notice this tax re- omy. tax system. We have had it for a long lief; $200 a year is what the Repub- People have a right to ask, What are time. We believe if one is fortunate licans offer to you. That comes down to we going to do with the surplus? The enough to be successful, those tax- $16 a month they are going to send Republican answer is: Tax cuts for payers owe something back to this your way. If you are in the highest in- wealthy people. The Democratic an- country. Those who are more success- come categories, you receive $2,000 a swer is much different: First, pay down ful owe more back to this country. You month; if you happen to be with the the national debt. We can’t guarantee can’t take blood from a turnip; you vast majority of Americans, you re- the surplus will be here in a year, 2 can’t put a high tax rate on a person ceive $16 a month. years, or 10 years. If it is here, with a low income. But you can cer- That is the Republican view of the shouldn’t it be our highest priority? tainly say to a successful person: We world. That is the Republican view of Let’s wipe off the debt of this country ask you to contribute back to America. tax relief: If we are going to help peo- as best we can, reduce the burden on We ask you, in the payment of taxes, ple, for goodness’ sake, let’s help the our children, invest in Social Security to help maintain this great Nation wealthy feel their pain, understand the and in Medicare. which has given you, your family, and anxiety they must face in making in- your business such a wonderful oppor- vestments, in choosing locations for This is not a wild-eyed idea. It is tunity. new vacation homes, and give them what Alan Greenspan of the Federal The Republican program from the some tax relief. Reserve recommends. It is what major start, as long as I have served in Con- The fact is that 80 percent of Ameri- economists recommend. But you can- gress, has always been to reduce the cans are making under $50,000 a year. not sell it on the Republican side of the tax burden on those who are the For these Americans, $15 or $16 a aisle. They think, instead, we should wealthiest in this country. I happen to month is something, but it is certainly give tax cuts to the wealthy. believe the tables should be turned and not going to change their lifestyle. We think we should bring down the we should have a situation where those Mr. President, 26 percent of Ameri- national debt and invest in Social Se- who are in the lower income groups cans make between $50,000 and $100,000 curity and Medicare. If we are to have and middle-income families who are a year. In those two categories of peo- tax cuts, let us target these tax cuts to struggling to make ends meet should ple under $100,000 a year and under people who really need them, not the be the ones most deserving of tax re- $50,000 a year, we find the vast major- folks making over $300,000 a year. They lief. That is a difference in philosophy, ity of American families, the over- are going to do quite well. They are a difference between the parties, and is whelming majority, and the people who going to have nice homes on islands off reflected very clearly in the debate we will not benefit from the idea of tax re- the coast of Maine. They are going to have had over the last 2 weeks. lief propounded by the Republicans on have places in Florida and California. This is a chart which I have been the floor. They suggest to all American They are going to have a very com- bringing to the floor on a regular basis. families they have them in mind when fortable life. Some House Republicans told me this it comes to tax relief. The facts tell a But what about the people who live morning that they are tired of seeing different story. in Chicago? What about the people who my chart. They are going to have to Look at what we have suggested in- live in Portland, ME? What about those get a little more exhausted because I stead. The Democrats think we have to who live in Philadelphia, PA? I would am going to produce it again today. be much more responsible in spending like to take to them this proposal, not This chart outlines what happens with this Nation’s surplus or investing. It to eliminate taxes on those making

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7589 over $300,000 a year but to say to work- peace of mind. Senator DODD offered an Take a look at the prescription drug ing families and middle-income fami- amendment that proposed tax credits, benefit. Ask Americans—Democrats, lies: Here are targeted tax cuts that not only for day care, but also tax Republicans, and Independents—the you can use, that will help your life. credits for stay-at-home moms who de- one thing we ought to do this year? A Let’s provide for a marriage tax pen- cide they are going to forgo working, guaranteed universal prescription drug alty elimination for working families. to stay with the children and try to benefit under Medicare. The pharma- Let’s expand educational opportunities raise them. We want to help in both of ceutical companies oppose it. They are by making tuition costs tax deductible. those circumstances. We think those pretty powerful characters in this Think about your concern of sending are the real problems facing America. town. They have stopped this Senate your son or daughter through college The Republicans instead believe that and this House from considering it. and the increasing cost of a college estate tax relief for the superrich is Here we are, languishing, doing noth- education. For a family who is strug- much more important. ing, when it comes to a prescription gling to try to make ends meet and to Expand the earned-income tax credit drug benefit. give their kids the best opportunity, to for the working poor, help families Finally, something for our schools. be able to deduct those college edu- save for retirement, provide estate tax Seven million kids in America attend cation expenses means an awful lot relief—particularly to make sure that schools with serious safety code viola- more to them than the comfort in a family-owned farm or a family-owned tions; 25,000 schools across our country knowing that Donald Trump does not business can be passed on to the next are falling down. Are we going to be have to pay estate taxes under the Re- generation. I think the estate tax ready for the 21st century? Will our publican proposal. needs reform. We support that. We kids be ready? Will our workforce be That is the difference in our view of voted for it. But we think the Repub- ready? You can answer that question the world. The Republicans feel the lican proposal goes way too far in pro- by deciding at this point in time pain of Donald Trump, that he might posing we abolish it. whether education is truly a priority have to pay these estate taxes. We be- I see my time is coming to a close. and, if it is such a priority, then for lieve that families across America face We think the agenda before this Con- goodness’ sakes we should invest more a lot more anxiety and pain over how gress is an agenda of missed opportuni- than 1 percent of our Federal budget in to pay for college education expenses. ties. The Republicans are in control in K–12 education. That is what we invest. We had a vote on the floor here, up or the House and Senate. They decide The Democrats, under the leadership of down, take your pick: Estate tax relief what will be considered on the floor, if Senator KENNEDY, believe that invest- for Donald Trump or college deductions anything. They have failed to bring ment is overdue. We think that is what for the families working across Amer- forward commonsense gun safety legis- families in America are looking for, ica. Sadly, the Republicans would not lation after Columbine, to try to keep not for tax relief for the wealthiest support the idea of college education guns out of the hands of kids and among us. expense deductions. criminals. We passed it in the Senate I yield the floor. Let’s talk about caring for elderly with AL GORE’s vote, sent it to the The PRESIDING OFFICER. The Sen- parents. Baby boomers understand House—the gun lobby killed it. We lose ator’s time has expired. The Senator this. Everyone understands it. As your 30,000 Americans every year to gun vio- from Maine. parents get older, they need special lence; 12 children every single day. For Ms. COLLINS. I thank the Chair. help. You are doing your best. I cannot the Republicans, it is not a priority to (The remarks of Ms. COLLINS per- tell you how many of my friends this bring this bill forward. taining to the introduction of S. 2924 affects. I am in that generation of baby The Patients’ Bill of Rights, so your are located in today’s RECORD under boomers—slightly older, I might add— doctor can make the call on your med- ‘‘Statements on Introduced Bills and but in a generation where a frequent ical treatment or your family’s med- Joint Resolutions.’’) topic of conversation for my age group ical treatment—most people think that Ms. COLLINS. Mr. President, I see is how are your mom and dad doing? is common sense. The insurance com- that the Senate majority leader has The stories come back, and some of panies do not. They want their clerks come to the floor, so I yield to him. I them are heartbreaking, about Parkin- to make the decision based on the bot- thank the Chair. son’s and Alzheimer’s and complica- tom line of profit and loss. It is not a The PRESIDING OFFICER (Mr. L. tions with diabetes that lead to ampu- medical decision for them, it is a finan- CHAFEE). The Senate majority leader. tations and people finally having to cial decision. And for a lot of families Mr. LOTT. Mr. President, I thank the make the tough decision of asking it is disastrous when they cannot get Senator from Maine for her comments, their parents to consider living in a the appropriate care for their kids and her leadership on so many important place where they can receive some as- their families. We think a Patients’ issues in the Senate, and for yielding sistance. Bill of Rights makes sense. The insur- to me at this time so we may proceed. It is expensive. We, on the Demo- ance lobby opposed it. The insurance f cratic side, believe that helping to pay lobby prevailed. The special interest ORDER OF BUSINESS for those expenses the families endure groups won on the floor and we have because of aging parents is a good tax gone nowhere with this proposal. Mr. LOTT. Mr. President, obviously I cut, one that is good for this country Minimum wage: $5.15 an hour for a had hoped we would be making a lot and good for the families. Not so on the minimum wage that affects some 10 more progress this week on appropria- Republican side. When we offered this, million workers across America. It is tions bills and other issues. That has they voted against it. They would rath- about time for a pay raise. These folks not transpired yet. But we have been er give estate tax relief to the wealthi- deserve to do better. It used to be bi- filing cloture motions, and we will be est people. partisan. We didn’t even argue about getting votes. In some way we will deal How about child care? Everybody it. Now the Republicans say: No, no no, this week with the Treasury-Postal who got up this morning in America we can’t give a 50-cent-an-hour pay Service appropriations bill. I hope we and headed to work and left a small raise to people making $5.15 an hour. can find a way to proceed on the en- child with a neighbor or at a day-care Do you realize that 50 cents an hour ergy and water appropriations bill. We center understands that this is tugging comes out to, what, $1,000 a year that will get to a vote at some point on the at your mind constantly during the we will give these people? intelligence authorization bill. So, day. Is my child in safe hands? Is this Yet we are going to turn around and hopefully, we can still go forward. a quality and positive environment for give Donald Trump a $400 million tax I do not feel as if we are proceeding my child to be in? How much does it break on his estate? You cannot give appropriately, but in spite of that, I cost? Can we afford it? Can we do a lit- working families a thousand bucks a think it generally was interpreted or tle better? year, but you can give the one of the understood that I would try to begin We, on the Democratic side, think we superrich $400 million tax relief? Is the discussion on the China PNTR bill. ought to help these families. They are something upside-down in this Cham- Even though it will be difficult to get working families who should have ber? I think so. through the maze of clotures we have

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7590 CONGRESSIONAL RECORD — SENATE July 26, 2000 had to file this week, I still think it is Kay Bailey Hutchinson, Don Nickles, Trent Lott, Ben Nighthorse Campbell, the appropriate thing to do to begin Bill Roth, Michael Crapo, Slade Gor- Pat Roberts, Richard G. Lugar, Jesse this process because we do not know ton, and Craig Thomas. Helms, Jeff Sessions, Larry E. Craig, exactly how long it will take to get to Mr. LOTT. Mr. President, this clo- Jon Kyl, Craig Thomas, Don Nickles, ture vote will occur on Friday, unless Strom Thurmond, Michael Crapo, a final vote on the China trade issue. Mitch McConnell, Fred Thompson, I am still going to do my best to find consent can be granted to conduct the Judd Gregg, and Ted Stevens. vote earlier or we are in a postcloture a way to have the Thompson-Torricelli The PRESIDING OFFICER. By unan- situation on the Treasury-Postal Serv- legislation considered in some manner imous consent, the mandatory quorum ice appropriations bill. There is opposi- before we get to the substance of the call under the rule has been waived. China trade bill because I think Chi- tion, obviously, to this motion to pro- The question is, Is it the sense of the nese nuclear weapons proliferation is a ceed. But I still think that adequate Senate that debate on the motion to very serious matter. We should discuss time can be used for discussion. I know proceed to the consideration of H.R. that and have a vote on it. I think it there are a number of Senators who 4871, an act making appropriations for would be preferable to do it aside from would like to see this vote occur on the Treasury Department, the United the trade bill itself. Thursday instead of Friday. I am will- States Postal Service, the Executive In the end, if we can’t get any other ing to accommodate that. But if that Office of the President, and certain way to get at it, these two Senators cannot be worked out, then we will Independent Agencies, for the fiscal may exercise their right to offer it to have the vote on Friday. If we are in a year ending September 30, 2001, and for the China PNTR bill. But I am going to postcloture situation, the vote could be other purposes, shall be brought to a continue to try to find a way for that postponed for some time. But I ask close? to be offered in another forum. I think unanimous consent that the manda- The yeas and nays are required under Senator DASCHLE indicated he would tory quorum be waived. the rule. The clerk will call the roll. work with us to try to see if we could The PRESIDING OFFICER. Without The assistant legislative clerk called find a way to do that. But I do think if objection, it is so ordered. the roll. we can go ahead and get started—and Mr. LOTT. I now withdraw the mo- Mr. NICKLES. I announce that the since there will be resistance to the tion to proceed. I believe I have that Senator from Wyoming (Mr. THOMAS) is motion to proceed—then we will file right. necessarily absent. cloture and have a vote on it then on The PRESIDING OFFICER. The Sen- Mr. REID. I announce that the Sen- Friday. ator has that right. ator from New Jersey (Mr. TORRICELLI) is necessarily absent. f The motion is withdrawn. Mr. LOTT. In conclusion, while we The PRESIDING OFFICER. Are there NONDISCRIMINATORY TREATMENT seek Utopia in dealing with these ap- any other Senators in the Chamber de- TO THE PEOPLE’S REPUBLIC OF propriations bills, the promised land of siring to vote? CHINA—MOTION TO PROCEED how we can work together to do the The yeas and nays resulted—yeas 97, nays 0, as follows: Mr. LOTT. So, Mr. President, I ask people’s business, which we are not unanimous consent that the Senate doing right now, at least in the case of [Rollcall Vote No. 227 Leg.] now proceed to the consideration of this bill, I believe we will have broad YEAS—97 Calendar No. 575, H.R. 4444, regarding bipartisan support for the China PNTR Abraham Feingold Lugar Akaka Feinstein Mack normal trade relations with the Peo- bill. I might add, there is going to be Allard Fitzgerald McCain ple’s Republic of China. some bipartisan opposition, too. Ashcroft Frist McConnell The PRESIDING OFFICER. Is there So as we get into the substance of Baucus Gorton Mikulski this—which I would rather be getting Bayh Graham Moynihan objection? Bennett Gramm Mr. REID. Objection. into rather than having to once again Murkowski Biden Grams Murray Bingaman Grassley The PRESIDING OFFICER. Objec- file cloture on a motion to proceed—I Nickles Bond Gregg tion is heard. think we will have a good debate. I Reed Boxer Hagel Mr. LOTT. I am sorry there is objec- think it is going to serve the Senate Breaux Harkin Reid tion just to proceeding to the bill. But well. I think it will serve the American Brownback Hatch Robb I know that Senator REID is objecting people well. I believe when we do fi- Bryan Helms Roberts Rockefeller on behalf of others who do not want us nally get to a vote, it will pass—and Bunning Hollings Burns Hutchinson Roth to proceed to it. I hope we can get to a probably should. But there are a lot of Byrd Hutchison Santorum vote on Friday; and then when we come serious questions still involved in how Campbell Inhofe Sarbanes back in September this will be an issue we are going to deal with China. So I Chafee, L. Inouye Schumer we can go to soon rather than later in Cleland Jeffords Sessions look forward to this discussion. Cochran Johnson Shelby the month. Mr. President, I yield the floor. Collins Kennedy Smith (NH) CLOTURE MOTION f Conrad Kerrey Smith (OR) I move to proceed to the bill. So I Craig Kerry Snowe TREASURY AND GENERAL GOV- Crapo Kohl make that motion to proceed at this Specter ERNMENT APPROPRIATIONS ACT, Daschle Kyl Stevens DeWine time, and I send a cloture motion to Landrieu Thompson 2001—MOTION TO PROCEED—Re- Dodd Lautenberg the desk. Thurmond sumed Domenici Leahy Voinovich The PRESIDING OFFICER. The clo- Dorgan Levin ture motion having been presented The PRESIDING OFFICER. Under Durbin Lieberman Warner the previous order, pursuant to rule Edwards Lincoln Wellstone under rule XXII, the Chair directs the Wyden clerk to read the motion. XXII, the Chair lays before the Senate Enzi Lott The assistant legislative clerk read the pending cloture motion, which the NOT VOTING—2 as follows: clerk will state. Thomas Torricelli The assistant legislative clerk read CLOTURE MOTION The PRESIDING OFFICER. If there as follows: We the undersigned Senators, in accord- are no Senators wishing to vote or ance with the provisions of Rule XXII of the CLOTURE MOTION change their votes, on this vote, the Standing Rules of the Senate, do hereby We the undersigned Senators, in accord- yeas are 97, the nays are 0. Three-fifths move to bring to a close debate on the mo- ance with the provisions of rule XXII of the of the Senators duly chosen and sworn tion to proceed to calendar No. 575, H.R. 4444, Standing Rules of the Senate, do hereby having voted in the affirmative, the a bill to authorize extension of nondiscrim- move to bring to a close debate on the mo- motion is agreed to. inatory treatment (normal trade relations tion to proceed to calendar number 704, H.R. The Senator from South Carolina. treatment) to the People’s Republic of 4871, a bill making appropriations for the China: Treasury Department, the United States (The remarks of Senator THURMOND Trent Lott, Pat Roberts, Larry E. Craig, Postal Service, the Executive Office of the pertaining to the introduction of S. Christopher Bond, Chuck Grassley, Ted President, and certain independent agencies, 2925 are located in today’s RECORD Stevens, Connie Mack, Orin Hatch, for the fiscal year ending September 30, 2001, under ‘‘Statements on Introduced Bills Frank H. Murkowski, Wayne Allard, and for other purposes: and Joint Resolutions.’’)

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7591 Mr. DORGAN. Mr. President, I take a the full Appropriations Committee and least they have for some while—outside few moments following this cloture includes funding for a wide range of the norms of international behavior, vote to talk about the appropriations things we do in this country. engaged in an attempt to acquire so- bill and a couple of related matters to One of the larger portions of the bill phisticated missile technology. I sus- that bill that are to be brought to the is the funding for the Customs Service. pect they and others on the list would Senate floor. We are completing the The Customs Service is a very impor- love to acquire nuclear weapons. These last week of the legislative session be- tant element. Given the expanding na- are countries that have demonstrated fore the August break. When we come ture of world trade, with the amount of by their behavior, by their actions, back following the August break, we commerce and goods and services mov- that they are operating outside the will have a number of weeks in Sep- ing in and out of our country and norms of what we consider acceptable tember and a couple of weeks in Octo- across our borders, the Customs Serv- behavior. I am talking now about the ber, perhaps, at which time the 106th ice provides an ever increasing impor- international community, the commu- Congress will be history. tant service to our country. nity of nations. We will have an election in early No- We fund the Internal Revenue Serv- So what do we do? What we do is we vember, something that the late Con- ice which collects the revenue by which say to Saddam Hussein: We are going gressman Claude Pepper, a wonderful we fund most of the government serv- to impose economic sanctions on your public servant, used to call one of the ices we have in this country. One of the country. These sanctions, in the form miracles of democracy. He said: Every areas of this legislation is the national of either sanctions or an embargo, are even numbered year, our Constitution youth antidrug media campaign. That an attempt to choke your economy and provides that the American people grab campaign in the drug czar’s office is cause you economic pain. They cause the steering wheel and decide in which now about 3 years old, and the Con- you to understand when you operate direction this country moves. He said gress has been working on that dili- outside the norms of international be- it was one of the miracles of democ- gently, as well. havior, when you are attempting to ac- racy. Indeed it is. We are headed to- We have a number of issues in this quire nuclear weapons, chemical weap- ward an election. That will affect the legislation that are very important, ons, and biological weapons with which Senate schedule. That means it is like- that are timely, and that we need to you can threaten your neighbors, we ly the Senate will complete its work, get to the floor of the Senate to debate care about that and we intend to do the Congress will complete its work, in and try to make some decisions about something about that. We and other the 106th Congress by the middle of Oc- them. countries have imposed sanctions tober. Let me comment for a moment about against the country of Iraq. As we look to that moment, we have a couple of issues that no doubt will be We have had an embargo against the a lot of work to do between now and brought to the Senate floor on this bill. country of Cuba for some 40 years. It is then. We have appropriations bills to I will talk about why these issues are a small country 90 miles off the tip of complete. After all that, one of the fun- important and what I think will hap- Florida. We have had an embargo for damental responsibilities we have is to pen with these issues. In the House of some 40 years against the country of provide for the funding of things we do Representatives, when they wrote the Cuba, preventing goods from being together in government. We build our legislation dealing with Treasury and shipped to Cuba, preventing Cuban roads together. It doesn’t make sense general government in that sub- goods from coming into our country, for each family to build their own road committee, that legislation included essentially trying to shut down their to the supermarket. It is called govern- some amendments dealing with the economy with that embargo. We have ment. We come together and build a subject of Cuba and the sanctions with had similar sanctions against North system of roads. We come together to respect to food and medicine that exist Korea and Iran. build schools and maintain and operate with respect to Cuba. One of the mistakes this country has schools in which the American people I want to talk just a bit about that made—and a very serious mistake—is can send their children. It doesn’t because those provisions are included deciding we will include food and medi- make sense for each and every person in the House bill. We will undoubtedly cine as a part of our economic sanc- to build their own school. So we have have amendments on that same subject tions. We should not have done that. roads and schools. Then we hire a po- in the Senate bill. There will be a de- This country should never have done lice force. We hire folks who will serve fense of germaneness on those amend- that. This country is bigger and better in the Armed Forces to defend our lib- ments. I will offer one of those amend- than that. We should never use food as erty and freedom. ments. I believe my colleagues Senator a weapon. All of these things we do, and much DODD, Senator ROBERTS, perhaps Sen- We produce food in such abundant more, as a part of our governing proc- ator BAUCUS, and others will offer simi- quality—the best quality food in the ess. I am proud of much of what we do. lar amendments. I want to describe world. We have farmers today who are Much of what we have accomplished in why this is an important issue and why out driving a tractor in some field this country is a result of the inge- the Senate should consider these somewhere, planting a seed and raising nuity of people in the private sector, in amendments, especially inasmuch as crops with great hope they will be able the market system, competing, the ge- these types of amendments are in the to make a living on their family farm. nius of those who are willing to take House bill coming over for consider- We produce such wonderful quality risks and use ideas to build new prod- ation in conference. food in such abundance, and then we ucts and create new markets; on the There are some bad actors inter- say to countries whose behavior we other side, in the public sector, the vi- nationally who run governments in a don’t like: By the way, we are going to sion that has been exhibited by some way that is well outside the norm of slap you with economic sanctions. We who have served this country for many international behavior. We understand are going to put our fist around your years to do the right things in the pub- that. Saddam Hussein is one of those economic throat, and included in that, lic sector, to do together what we leaders. There are others. We have we are going to prevent the movement should do to provide for our common watched the behavior and the activities of food in and out of your country. defense and build our schools, build of countries such as Cuba, Iraq, Iran, I am all for economic sanctions. roads, and do those things that we North Korea, and others, and view with There is not any reason to make life know also make this a better country. alarm some of the things that are hap- better for Saddam Hussein. He ought to One of the pieces of legislation we are pening. pay a price for his behavior. But this intending to bring to the floor very Cuba is a country that is run, with a country is shortsighted to believe that soon is the Treasury-Postal appropria- Communist government, by Fidel Cas- using food as a weapon is an advance- tions subcommittee bill. That is tro. North Korea is a relatively closed ment in public policy for us. It is not. through the full Appropriations Com- society run by a Communist govern- First, it hurts our farmers who are pre- mittee in the Senate. It is legislation ment, a Communist dictator. Iran is a vented from moving food through the that will be, I hope, debated next on different kind of country, run by a international markets. Second, it the Senate floor. The bill is through group of folks who seem to operate—at takes aim at a dictator and ends up

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7592 CONGRESSIONAL RECORD — SENATE July 26, 2000 hitting hungry people. That is not the conference, adjourn it, never come thing. It prevents any future President best of what this country has to offer. back into session, and throw the ingre- from ever including food and medicine So we have a very simple propo- dients of that bill into a broader bill, as part of economic sanctions unless sition—those of us who care about this and we never saw the light of day on they come to the Senate and get a vote issue. We say let’s stop using food as a our policy. and the Senate says: Yes, we ought to weapon; let us, as Americans, decide we The result is we are back on the floor do that. shall never use food as a mechanism to right now and this country still has in We do two things: We lift the sanc- try to punish others. We understand place a policy of using food and medi- tions on food and medicine that exist that Saddam Hussein and Fidel Castro cine as part of our economic sanctions. with those countries that are subject have never missed a meal. They have It is wrong. It is wrong. to our economic sanctions, and we pre- never missed breakfast, they have Following that conference last year, vent future Presidents from imposing never missed dinner, never missed sup- I had the opportunity to go to Cuba. I sanctions and using food as a weapon. per. They eat well. When we use food as have traveled some, in various parts of That is in the Agriculture appropria- a weapon, it is only poor people, sick the world, and have seen that what we tions bill which came to the floor of people, and hungry people who pay a produce in such abundance, the world the Senate. The Senate passed that price; and of course, our farmers here needs so desperately. The winds of hun- bill. My amendment is in it. We will go in America also pay a price. ger blow every minute, every hour, and to conference. So last year we had a debate about every day all across this world. So The only way we can lose that issue this. My colleague Senator ASHCROFT, many people die of hunger, malnutri- is if the House leaders hijack it once I, Senators DODD, ROBERTS, BAUCUS—a tion, and hunger-related causes, and so again. There is a member of the leader- range of people—have offered amend- many of them are children—every sin- ship of the House, whom I shall not ments. Last year we had a vote, and 70 gle day. name, who makes it his cause to derail Senators said: No, we shall not any I went to Cuba. What I saw was a us. He believes we ought to use food as longer ever use food as a weapon. Let country in collapse. It is a beautiful a weapon, especially with respect to us lift the sanctions on food and medi- country with wonderful people. The Cuba. He believes we ought not change cine; 70 percent of the Senate said let’s city of Havana is a beautiful city, but the policy and will do everything he stop it. in utter collapse. There are gorgeous can to stop us. My colleague in the House who has I cannot speak for all 70, but I will buildings designed in the 1940s and been working on this passed some leg- speak for myself to say it is immoral 1950s by some of the best architects— islation that was negotiated with the to have a public policy that uses food beautiful architecture, in total dis- House leadership, but it turns out the as a weapon. It is immoral to punish repair. The city is collapsing. The legislation, when one looks at the lan- hungry, sick, and poor people around Cuban economy is in collapse. There is guage, is a step backward, not a step the world because we are angry at dic- no question about that. forward. tators. Seventy percent of the Senate I visited a hospital, and I saw a We will go to conference on the Agri- said: Let’s stop. Let’s change the sanc- young boy lying in a coma. His mother culture appropriations bill with my tions. We can continue some of the eco- was seated by his bedside holding his amendment in it, and I say to those nomic sanctions. We are not making a hand. This was in an intensive care who might pay attention to the Senate judgment about using economic sanc- ward of a Cuban hospital. This young record from the House side, if the tions to punish dictators or punish boy in intensive care was not hooked House leaders expect to hijack this countries whose behavior is outside the up to any wires. There was no fancy once again this year, they are in for a international norm. We are saying, gadgetry, no fancy equipment, no long session because there is a group of however, we should not any longer use beeping that you hear in intensive us—Republicans and Democrats—who food or medicine as a weapon or as part care—the beeping of equipment—no, insist this country change its policy. of the sanctions. none of that. He was lying on his bed This policy is wrongheaded and it must So 70 percent of the Senate voted. It with his mother holding his hand. change. was on the Senate agricultural appro- I asked the doctor, Do you not have Yes, we have some people in the Sen- priations bill, and off we marched to equipment with which to monitor this ate who are still fighting the cold war. conference. I was one of the conferees. young boy? He had a head injury and We have people in the Senate—not very One of the first acts of conference be- was in a coma. He said, Oh, no; they many, I admit—but we have a few peo- tween the House and Senate was my of- didn’t have any of that equipment. ple in the Senate who do not want this fering an amendment insisting that the They didn’t even have any rudimentary changed, but 70 percent of the Senate Senate retain its position. In other equipment with which to make a diag- want this changed. At some point, if words, we were saying as a group of nosis. Intensive care was to lay this they get a full vote in the House and Senators who were conferees: We insist boy in a room. They told me they were we have a full vote in the Senate, 70 on our provision, lifting the sanctions out of 250 different kinds of medicine in percent of the Congress will say: Let’s on food and medicine. that hospital. change this foolish policy. This policy I offered the amendment in the con- My point is this. The Cuban people do is not the best of this country. This ference. We had a vote of the Senate not deserve Fidel Castro—that is for policy is wrong, and we aim to change conferees, and my amendment carried. sure. They deserve a free and open it. Therefore, the Senators at this con- country, a free and open economy; they Now we bring this bill to the floor of ference with the House Members said: deserve the liberties we have and the the Senate. We had a cloture vote on We insist on the provision. We insist on freedom we have. But 40 years of an the motion to proceed today, and the our policy of removing food and medi- embargo, and especially 40 years pre- Treasury-Postal bill will come to the cine as part of our economic sanctions. venting the movement of food and floor at some point. As I indicated, in Guess what. A Member of the House medicine back and forth, surely makes addition to the description of the moved that the conference adjourn. We no sense. amendment I offered to the Agriculture adjourned. It was late one morning, It has not hurt Mr. Castro. It has appropriations bill on the floor of the and we never, ever returned to con- hurt the poor people of Cuba and the Senate dealing with sanctions on Cuba, ference. Do you know why? Because hungry people of Cuba. It is time to a couple Members of the House applied the House leaders, the House leader- change that policy. A year ago we tried some amendments, which were success- ship, did not like that provision and it. Seventy percent of the Senate voted ful, to the Treasury-general govern- they intended to kill it. They knew for it, and it has not happened. ment bill which means when our bill they could not kill it with their con- This is what we have done this year: comes to the floor of the Senate, it will ferees. If there were a vote on it in the I offered an amendment, with Senator also attract these amendments. That is conference, they would lose. If there GORTON from the State of Washington, fine with me. Having them in two were a vote on it on the floor of the on the Agriculture appropriations bill places is better than having them in House, they would lose. So the only that lifts the sanctions on food and one place. Perhaps one conference will way they could win was to hijack that medicine and also let’s us do one other be successful in changing this policy.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7593 My colleagues in the House added a the Federal budget deficits, and good cant changes. We will not make them piece of legislation, for example, deal- for us, but the deficits on the trade side in this bill because this isn’t where we ing with travel in Cuba saying that no have continued to mushroom, and we do that, but you can’t help but look at funds will be used to enforce the re- must get a handle on that as well and what is happening in our country and strictions on travel to Cuba. I prefer to deal with our trade imbalance. understand that our own trade policy do it a different way. Who is going to What causes the trade imbalance, does not work. It just does not work. believe it makes sense to travel to and what relevance does it have to this We have a huge and growing trade Cuba if it is still illegal but they just bill? In this bill, we fund the Customs deficit with China—growing rapidly—of will not enforce it? If we change travel, Service, and the Customs Service eval- nearly $70 billion a year. We have a let’s change travel. Let’s not say you uates what comes in, what goes out, large abiding trade deficit with Japan shall not enforce something that re- and they try to assist in the flow of that has gone on forever—$50 to $70 bil- mains illegal. Let’s say the travel re- goods moving back and forth across lion a year. strictions are lifted. Period. End of our borders. This Congress, without my vote—be- story. The fact is, they have an old, anti- cause I voted against it—passed some- I hope my colleague who intends to quated computer system to take care thing called NAFTA, the North Amer- offer that amendment in the Senate of all of that and it is melting down. ican Free Trade Agreement. It was will consider doing that. We have other With expanded trade coming in and billed as a nirvana. What a wonderful amendments as well, and I intend to going out, we need a new system. The thing, we were told, if we can do a offer an amendment dealing with food Customs Service has proposed a new trade agreement with Mexico and Can- and medicine sanctions on Cuba on the system to accommodate and facilitate ada. What a great hemispheric trade Treasury-Postal bill when it is brought their needs. We need to fund it. It is agreement, and how wonderful it would to the floor of the Senate. very important we fund this system. It be for our country. There is another issue I wish to talk is called the Automated Commercial In fact, a couple of economists about briefly that relates in some Environment or ACE system. We need teamed together and said: If you just measure to this bill, but especially to to keep it operational, and we need to pass NAFTA, you will get 300,000 new the issue of the Customs Service and build it and make it work. jobs in the United States. The problem our borders and the issue of inter- In 1 day, the Customs Service proc- is, there is never accountability for national trade. I am going to talk in a esses $8.8 billion in exports and im- economists. Economists say anything, bit about our trade problem because we ports. They have to keep track of it all: any time, to anybody, and nobody ever have the largest trade deficit in the $8.8 billion in daily exports and im- goes back to check. history of humankind. ports; and 1.3 million passengers and The field of economics is psychology There is a lot right with this coun- 350,000 vehicles moving back and forth pumped up with helium and portrayed try. There is a lot going on to give us across our borders. Think of that. This as a profession. I say that having reason to say thanks and hosanna. We is the agency that has the responsi- taught economics a couple years in col- have a wonderful economy. It is pro- bility of keeping track of all of it— lege, but I have overcome that to do ducing new jobs and new opportunity. whose vehicle, when did it come in, other things. All of the indices are right: unemploy- when did it go out, who is coming in, But economists told us, if we pass ment is down; home ownership is up; who is leaving our country, what are NAFTA, it will be a wonderful thing inflation is way down. All the things the goods coming in, what kind of tar- for our country. Well, this Congress one expects to happen in a good econ- iffs exists on those goods, who is send- passed NAFTA. I didn’t vote for it. omy have been happening. ing them, who is receiving them. Guess what. We had a trade surplus Some parts of the country are left be- All of that is part of what we have to with Mexico. We have now turned a hind, such as rural areas. We have a keep track of in terms of movement trade surplus with Mexico into a sig- farm program that is a debacle, and we across our border. The current system nificant deficit with the country of cannot get anybody to even hold a that keeps track of all of that is nearly Mexico. hearing to change the farm program, two decades old, and running at near They said, by the way, if we pass but that is another story. capacity. It is the single most impor- NAFTA, the products that will come in There are some areas that have not tant resource in collecting duties and from Mexico will be products produced kept pace with the prosperity. We need enforcing Customs laws and regula- by low-skilled labor. Not true. The to continue to fight to write a better tions. products that are coming in from Mex- farm program and make sure those This system has been experiencing ico are the product of higher-skilled rural areas share in the full economic brownouts over the past months that labor, principally automobiles, auto- prosperity of America. have brought the Customs operation at mobile parts, and electronics. Those There is a lot right in this country. these border ports, in some cases, to a are the three largest imports into the This is a good economy. It is producing dead halt. United States from Mexico. unprecedented opportunities. Over 40 percent of the Customs sta- So the economists were wrong. I The one set of storm clouds above the tions are using work stations that are would love to have them come back horizon, however, is in international unreliable, are obsolete operating sys- and parade around, and say: I said trade. We have a huge trade deficit. tems, and are no longer supported by a NAFTA would work, but I apologize. Our merchandise trade deficit was vendor. We had a trade surplus with Mexico. nearly $350 billion in 1999, and is pro- Trade volume has doubled in 10 Now it is a fairly large deficit. We had jected to exceed $400 billion this year. years. The rate of growth in trade is a trade deficit with Canada, and we Put another way: We are buying $1 bil- astronomical. The Customs Service an- doubled the deficit. I want one person lion more in goods from overseas than ticipates an increase of over 50 percent to stand up in the Senate and say: This we are selling each and every day, 7 in the number of entries by 2005. That is real progress. Doubling the deficit days a week. means the current system just can’t with Canada, and turning a surplus Some say: Does that matter? Is it im- and will not handle it. into a deficit with Mexico—hooray for portant? Gee, our economy is doing So we have a responsibility to do us. That is real progress. I want just well. How on Earth can you make the something about that. If anybody won- one inebriated soul to tell me here in case we should care about this? ders whether all this trade is impor- Washington, DC, that this makes You can live in a suburb someplace tant, and keeping track of it is impor- sense. Of course it does not make and have a wonderful home with a huge tant, as I said, look at the trade deficit sense. Cadillac in the driveway and have all and look at what is happening in this It did not work. So we have trade the evidence of affluence, but if it is all country. policy challenges dealing with Mexico, borrowed, you are in trouble. On the From the standpoint of policy—I was Canada, and NAFTA. We have policy borrowing side, we have made a lot of talking about the system that keeps differences dealing with our big trade progress dealing with Federal budget track of it—but from the standpoint of deficit with China. We are going to deficits. In fact, we have eliminated policy, we also have to make signifi- have other struggles and challenges

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7594 CONGRESSIONAL RECORD — SENATE July 26, 2000 dealing with the recurring deficit that know what—my colleague, Senator had people die on the streets of Amer- goes on forever with Japan. CONRAD, talks about this a lot—we will ica. It might be useful—I know people get have a deal with you. You can have 6, Some will say: We can avoid all that, tired of me talking about this—but it 8, or 10 times greater subsidies on your having labor unions, having to worry might be useful to describe our dimin- sales of grain to other countries than about dumping chemicals into the ished expectations in this county and we will have. And we will have a deal water and the air, having to have a safe why we are in such trouble on trade. where we will agree to limit our sup- workplace, having to be prohibited About 10 years ago—we have always port payments to family farmers to a from hiring kids; we can avoid all of had a struggle with Japan—we were fraction of what yours are. So once we that. We have debated it for 75 or 100 having, at that time, an agreement ne- have done that, we have tied both of years in this country. We have made a gotiated on the issue of American beef our hands behind our back, and then lot of progress. We can avoid it all by going to Japan. We were not getting said let’s go ahead and compete. moving our plant to some other Third enough beef into Japan. At that point, That is what our negotiators have World country where they don’t have it cost about $30 a pound to buy a T- done virtually every time they have those inconveniences, where you can bone steak in Tokyo. Why? Because negotiated a trade agreement. They did hire 12-year-old kids and work them 12 there was not enough beef. So you keep it in GATT to family farmers and did it hours a day and pay them 12 cents an the supply low, the demand and price with Japan to our ranchers. I should hour and everybody calls it free trade. go up, and a T-bone steak costs a lot of say, our ranchers were pleased with the This country has a responsibility money in Tokyo. agreement with Japan. I would say to also to lead on the issues of what are We wanted to get American beef into them: How can you be pleased? How the fair rules for international trade— Japan. After all, we buy all their cars, can you call that success? It is because not protectionism, what are the fair VCRs and television sets. Maybe they they have such low expectations in our rules for trade that establish fair com- should buy American beef. So we sent trade negotiations. We give away ev- petition. That is something this coun- our best negotiators, and they nego- erything. We expect little, get almost try has a responsibility to be involved tiated. Our negotiators were hard nothing, and then we are so pleased. with as well. nosed. It only took them a couple of When you have roughly $1 billion a Talking about trade in the context of days to lose. They sat at the table, and day in the merchandise trade imbal- the Customs Service and our responsi- they negotiated and negotiated. And ance, it is time to wonder whether your bility to keep track of what is hap- guess what they negotiated? They had policy is working. When you have a $1- pening around the world, it is true that a press conference and said: We have a billion-a-day deficit—every single my frustration from time to time boils victory. We have a beef agreement with day—in merchandise trade, it is time over on the issue. I come to the floor Japan. What a wonderful deal. You to ask whether this is a policy that and talk about it without much effect would have thought they had just won works. The answer is no. because there are not sufficient votes the Olympics because they celebrated. I think it would behoove this Con- in the Senate to require a very robust And everybody said: Gosh, what a great gress to say: Good for all the wonderful debate on trade policy. It is coming. deal. things that are happening in this coun- We ought to make it happen. Here is the agreement. You get more try. Everybody deserves a little credit If I can digress—because I have the American beef into Japan. Yes, you do. for all of that. Good for all the good time this morning, and I don’t see any- And we did. things happening in our economy. But one else waiting to speak—I want to Ten or 11 years after the beef agree- it is important for all of us to look at mention something that happened ment with Japan, the tariff on Amer- the storm clouds as well, and evaluate some years ago that made a profound ican steak or American ground beef or what is wrong, and try to fix that. If we impact on me. I mentioned a moment American beef going to Japan today is did that, it would behoove us to bring ago that we struggled in this country 40 percent on a pound of beef. Can you to the floor of the Senate a debate and to establish the right to form labor imagine that? What would people think full discussion about America’s trade unions and establish collective bar- if you told them: In the United States, policy. gaining. There are plenty of countries we only have a 40 percent tariff on your Every time I come and talk about where, if you try to form labor unions, product coming into our country? They this issue, there is someone watching try to get workers together to see if would say: What kind of nonsense is or someone listening, or somebody they can’t get a better deal, they can that? That is not free trade. Yet we later will say: That guy sounds like a be thrown in jail. As I said, we had peo- celebrated the fact that we had an protectionist. There is this caricature: ple who died in the streets in this coun- agreement with Japan that takes us to You are either for free trade or you are try fighting for that opportunity. We a 50 percent tariff, which is reduced some isolationist, xenophobic stooge. now understand the consequences of over time, but snaps back up if we get You are either for free trade or you that. We have labor unions, and we more beef into Japan. We celebrated don’t get it. You either see the horizon have management and labor, collective that. or you are nearsighted. That is the way bargaining. It is a better country be- This is the goofiest set of priorities I it all works. cause of that. There are some areas of have ever heard. We ought to learn to Even the largest newspapers do that. the world where we don’t have the op- negotiate trade agreements that are in Try to get an op-ed piece in the Wash- portunity to do that. People who try to this country’s interests. ington Post on trade issues. If you hap- demonstrate for those rights are I have threatened, from time to time, pen to believe we ought to stand up for thrown in jail. to introduce a piece of legislation in our economic interests in trade, you Let me describe something that hap- Congress that says: When our trade ne- can’t do it. pened in Congress a long while ago re- gotiators go to negotiate, they must It is not my intention to say this lated to that point. We had a fellow wear a jersey that says ‘‘USA,’’ just so country should not be a leader in ex- who spoke to a joint session of Con- that they can look down, from time to panding trade. This country ought to gress. Normally, a speaker to a joint time, and see who they are negotiating be a leader in promoting an expanded session of Congress is a President. The for. ‘‘I am from the United States. I free and fair opportunity for inter- pageantry is quite wonderful when have the United States’s best interests national trade. This country ought to there is a joint session. It is normally at heart. When we negotiate with you, be a leader. We ought to expect that in the House Chamber because that is Japan, China, Mexico, Canada, or oth- other countries would be involved in the larger Chamber. The Senators ers, we insist on fair trade.’’ saying the things that we fought for for come in and are seated in the House Yes, our producers will compete. We 75 to 100 years. This country will be Chamber, Cabinet officials come in, the are not afraid of competition. But we part of the discussions about trade. Supreme Court comes in. The Amer- are not going to compete with one We had people dying in the streets in ican people see this. That is when the hand tied behind our back. Our nego- this country, fighting for the right to network television cameras come on. tiators negotiated GATT with Europe, organize in labor unions, fighting for Then the Doorkeeper says: Mr. and they said to the Europeans: You the right to create labor unions. We Speaker, the President of the United

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7595 States. And the President marches in years later as the President of his There are so many things we need to and gives a State of the Union speech. country—not a diplomat, not a politi- do. Yesterday, I showed some of the We occasionally have other speakers cian, not an intellectual, not a scholar, challenges that we ought to address who are invited to give an address to a an unemployed electrician who showed now in the coming weeks. For instance, joint session of Congress. On rare occa- up in this country 10 years later as the gun safety. This is a wonderful coun- sions, it has been a head of state. Many President of his country. try, but when you read the newspapers will remember other circumstances: He said: We didn’t break a window- and read of the killings, and then you General Douglas MacArthur coming pane in Poland. We didn’t have guns. understand that we have a right to own back from Korea, when he was relieved We didn’t have bullets. We were armed weapons—and nobody is changing that of his command by President Truman, with an idea and that idea simply was right; it is a constitutional right. But was invited to address a joint session of that free people ought to be free to we have said it makes sense for us to Congress; Winston Churchill addressed choose their own destiny. keep guns out of the hands of convicted a joint session of Congress. I have never forgotten that moment, felons. How do we do that? One day about 10 or 12 years ago, I understanding the power of ideas and We have a computer base with the was a Member of the U.S. House, it was understanding that common people can names of felons on it. When you want a joint session of Congress. In the back do uncommon things. Ordinary people to buy a gun, your name has to be run of the room, the Doorkeeper announced can do extraordinary things. Won- against the computer base. At the gun the visitor. The Doorkeeper said: Mr. dering where did Lech Walesa get the store, they run your name to find out if Speaker, Lech Walesa from Poland. courage to pull himself up that Satur- you are a convicted felon. If you are, And this fellow walked in, a rather day morning in a shipyard in Gdansk, you don’t get a gun. But guess what. short man with a mustache. He had red an unemployed electrician, believing so You can go to a gun show on a Satur- cheeks and probably a few extra strongly in the need to provoke change day someplace and buy a gun or a pounds, an ordinary looking fellow who in this Communist country that this weapon, and nobody is going to run walked into the Chamber of the House, man and his followers toppled a Com- your name through an instant check. walked up to the microphone. The joint munist government and lit the fuse, We say let’s close that loophole. Are session stood and applauded and didn’t caused a spark that lit the fuse that those who don’t want to close it saying stop. This applause continued to create began to topple Communist govern- they don’t want to keep guns out of waves, and it went on for some min- ments all through Eastern Europe. their hands? I hope not. So join us in utes. Then this man began to speak. That is the power of an idea. fixing this problem. That is an idea. Most of us, of course, knew the history. What are the ideas that exist in this That has some power. How many But in a very powerful way this ordi- country that will make a better Amer- Americans will that save? How many nary man told an extraordinary tale. ica and create a better future? We children will it save by keeping the gun He said 10 years before, he was in a know from our history that in two cen- out of the hands of a convicted felon? shipyard in Gdansk, Poland on a Satur- turies, a series of ideas by some re- We are not talking about law-abiding day leading a strike for workers to be markable men and women have created citizens. We are not going to disadvan- able to chart their own destiny, leading the best country in the world. It is the tage them. Let’s keep guns out of the a strike for a free labor movement in freest. I know there are a lot of blem- hands of convicted felons. Close the Poland against a Communist govern- ishes, but there is no country that has gun show loophole. It is a simple idea; ment. On that day, he had already been freedoms like ours. There is no country yet one we can’t get through the Con- fired from his job as an electrician at a that has accomplished what we have gress because people are blocking the shipyard for his activities to fight for a accomplished in every area. Find an door on this issue. free labor movement in Poland. The area where we have had difficulty, we The Patients’ Bill of Rights: We Communist government had him fired have confronted it. We have had dif- talked about that yesterday. We talked from his shipyard. So this unemployed ficult times, but we have solved the about putting a drug benefit in the electrician, on a Saturday morning, issues. We survived a civil war. We sur- Medicare program. We talked about was leading a strike, leading a parade vived a great depression. When you school modernization. I will conclude inside this shipyard for a free labor think of what this country has done, it by talking for a moment about school movement. He was grabbed by some is quite remarkable. modernization. Communist thugs and beaten and beat- We stand today at the edge of a new Our future is education. I have told en badly. As they beat him, they took century, the year 2000, with a lot of my colleagues many times about walk- him to the edge of the shipyard, hoist- challenges in front of us. Some say we ing into the late-Congressman Claude ed him up and unceremoniously are just sort of content to be where we Pepper’s office and seeing two pictures, dumped him over the barbed-wire fence are and to kind of nick around the both autographed, behind his chair. outside the shipyard face down in the edges. No person, no country, no orga- One was a picture of Orville and Wilbur dirt. He lay there bleeding, wondering nization ever does well by resting. Wright making the first airplane what to do next. There are challenges in front of us. flight. It was autographed by Orville Of course, we know what he did next. We have talked about some of them. Wright, saying, ‘‘To Congressman Pep- Ten years later, he was introduced to a Some of them will be in this legislation per, with deep admiration, Orville joint session of Congress as the Presi- when we bring it to the floor. Some Wright.’’ dent of the country of Poland. This will be in other legislation. I was on Then, the first person to stand on the man went to the microphone and said the floor yesterday and Senator DUR- Moon, Neil Armstrong, gave him an the following to us: We didn’t have any BIN, who is on the floor at the moment, autographed picture. I thought to my- guns; the Communists had all the guns. talked about the challenge of making self, this is really something. Here is a We didn’t have any bullets; the Com- our health care system work; the chal- living American who has an auto- munists had all the bullets. We were lenge of passing a Patients’ Bill of graphed picture of the first person to armed only with an idea. Rights, and one that is a real Patients’ leave the ground in powered flight, and What he did next that Saturday Bill of Rights; the challenge of putting also the person who flew all the way to morning, from lying on the ground a prescription drug benefit in the Medi- the Moon. What was the in between? bleeding from the beating he had re- care program. Those are ideas—ideas What was the difference between just ceived from the Communist agents of with power and resonance, ideas which leaving the ground and arriving on the that Government of Poland, the his- ought to relate to the public policy Moon? Education, schools, learning; it tory books record. He pulled himself this Congress embraces. I talked, a lit- is our future—allowing every young back up and climbed back over the tle bit ago, about trade policy, the idea boy and girl in this country to become fence and climbed back into the ship- that we need to change trade policy to the very best they can be; universal yard. make it a policy that is effective for education, saying that every young boy This unemployed electrician showed our country, to reduce the trade defi- or girl, no matter what their back- up in the Chamber of the U.S. House to cits and continue to expand markets, ground or circumstances are, can walk speak to a joint session of Congress 10 and to have fair rules of trade. through a schoolroom door and be

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7596 CONGRESSIONAL RECORD — SENATE July 26, 2000 whatever they want to be in life, uni- Mr. President, about 14 months ago, None of the funds made available in this versal opportunity in education. those of us in this Chamber passed a ju- Act may be used to implement a preference In the middle part of this past cen- venile justice bill. Prior to its passage, for the acquisition of a firearm or ammuni- tury, those who came back fighting for many of us on this side of the aisle tion based on whether the manufacturer or liberty in the Second World War, fight- came together to say if we want to vendor of the firearm or ammunition is a party of an agreement with a department, ing for freedom, built schools all across really achieve some limited improve- agency, or instrumentality of the United our country as they went to school on ments in targeted gun measures, what States regarding codes of conduct, operating the GI bill, got married, and had chil- should they be? We decided on a few, practices, or product design specifically re- dren. They built schools all across and the Republican side had a few. So lated to the business of importing, manufac- America. Now those schools, in many some targeted measures were added to turing, or dealing in firearms or ammunition cases, are 45, 50 years old and in des- that bill. under chapter 44 of title 18, United States perate need of repair and renovation. One of them was that guns should not Code. This country, as good as it is, can send be sold without trigger locks. That was This amendment is essentially meant our kids to the schoolroom doors of the made from our side of the aisle. One to prohibit the U.S. Government from best schools in the world. And we from the Republican side of the aisle giving any preference to any respon- should. That ought to be our policy. So was that children should not be per- sible gun manufacturer. I believe this before this Congress ends, let’s em- mitted to buy assault weapons—a no- measure is simply the worst possible brace our ideas and policies of saying brainer. That was accepted by this public policy. I would rather not have a let’s modernize our schools, renovate body. A third vote was to close the gun Treasury-Postal appropriations bill our schools, and connect our schools to show loophole which enabled the two that has this kind of disincentive to the Internet. Let’s reduce the size of youngsters from Columbine, 16 years good conduct in a manufacturer of classes and make sure every student old, to go to a gun show and buy two weapons in this country. has the opportunity to go through a assault weapons with no questions When this bill comes to the floor, the schoolroom door that we as parents are asked. The final one was one I offered first amendment from our side will be proud of. Let’s make sure we keep the on the floor, which was to plug a hole the amendment to strip this verbiage finest teachers, the best teachers in in the assault weapons legislation. from the bill. our classrooms and pay them a fair Under the assault weapons legisla- I am pleased to say I am joined in co- wage. These are ideas that we have tion, it is illegal to manufacture, pos- sponsoring this by the Senator from Il- that we can’t get through this Con- sess, sell, or to transfer a large-capac- linois, Mr. DURBIN, and the Senator gress. It doesn’t make any sense to me. ity ammunition feeding device in this from New Jersey, Mr. LAUTENBERG. So we are prepared to bring the country. So, in other words, nobody First, it is important to point out Treasury-general government appro- can manufacture one domestically in that no such preferences have been priations bill to the floor. In that legis- this country now. The loophole is that given. The thrust of this provision is lation there will be several of the ideas they can come in, if manufactured in based on a hypothetical. But it is based I have talked about, and other appro- foreign countries, and be sold. So since to be a deterrent. It is based to send a priations bills, and other pieces of leg- the passage of the original assault message. The message is to every man- islation. We will continue to pound weapons legislation, about 18 million ufacturer of weapons that there can be away at this Congress to say: Accept large-capacity ammunition feeding de- no reward in government if you manu- some of these ideas. Accept some vices have come into the country. But facture safe guns. If you put trigger progress. Join us. This isn’t partisan. just in the last 14 months, since the locks, if you have good, safe marketing Our kids and our schools don’t rep- passage of the juvenile justice bill, 6.3 practices, if you manufacture guns and resent a partisan issue. Keeping guns million of these clips have come into see they are sold and distributed in a out of the hands of felons surely can’t this country, many of them 250 rounds, way to keep them out of the hands of be a Republican or Democratic issue. but most 30 rounds. children, people who are mentally defi- What is the use of these clips? You Surely, every American should em- cient, or criminals—that is the thrust can’t hunt with them. You can’t carry brace that goal. Putting the prescrip- of this amendment—to reduce the gun a clip with more than 10 bullets in vir- tion drug benefit in the Medicare pro- industry to its lowest possible common tually any State if you are going to gram so senior citizens who have denominator all across the United hunt. You don’t use them for self-pro- reached their declining income years States of America, that is the worst tection. The street price of them has have the opportunity and can afford to possible public policy. Members on dropped. You can buy them, no ques- buy life-saving drugs surely can’t be a both sides of this aisle should stand to- Republican or Democratic approach. tions asked, over the Internet for $7, $8, $9. The only reason for them is to turn gether and refute it. There can’t be differences here in At least one company, Smith & terms of goals. So let’s resolve to join a weapon into a major killing machine. Wesson, has agreed to adopt certain together to meet these goals, to do our They are used by drive-by shooters, by reasonable, responsible marketing work and embrace ideas—yes, big the gangs, and by the grievance killer practices. While this agreement was ideas—that recognize, yes, this country who has a grievance and wants to walk made under the threat of litigation, it is doing very well in a lot of areas, but into his place of business and kill a is important to note that no dealer has we are at the first stage of a new cen- large number of people. Well, this body to comply, and no measures have been tury, and we need to embrace new ideas passed that, and the other body actu- forced on Smith & Wesson. Smith & to advance this country’s interests and ally passed it by unanimous consent. Wesson has decided to take a respon- prepare for this country’s future. No- So those are measures that have held where is that preparation more nec- up a whole huge juvenile justice bill for sible path to produce responsible pol- essary than with our children and our that period of time. icy, and for that this body would slap schools. So in 14 months, we have gone no- them on the hand. Mr. President, I have spoken at some where in achieving safety regulations, As a result of their effort, Smith & length. I know others on the floor have prudent targeted gun regulations to Wesson has allegedly been targeted by comments about these and other protect people. others in the gun industry that are un- issues. A million women—now 240 new orga- happy with the agreement who say you I yield the floor. nizations—in the Million Mom March, can’t march ahead of us; you can’t do The PRESIDING OFFICER. The Sen- went to the streets of their cities and something right; we all want to be able ator from California is recognized. to the Capitol on Mother’s Day to say to do something wrong. There has been Mrs. FEINSTEIN. Mr. President, I they wanted prudent gun regulations. talk of boycotts and anticompetitive understand that we are running out the But what has happened since then is we behavior. In fact, I recently joined a clock on a motion to bring to the floor have actually back slipped. The back- number of my colleagues in writing to the Treasury-Postal appropriations sliding is taking place right in this the Federal Trade Commission, asking bill. So I think my comments are perti- very bill which time is running on. them to look into these allegations. nent to that bill and to the situation in An amendment was put in the bill Given the determination of the Na- which we find ourselves. that says this: tional Rifle Association and its allies

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7597 to stop any and all reasonable control developing smart gun technology for firearms must carry insurance against of the flow of guns to criminals and all future gun models. What a good liability for damage to property or in- children, I believe it would be dreadful thing to have happen. jury to persons resulting in firearm to prevent the administration from en- Next, within a year of the agreement, sales. The same thing would apply if couraging agreements such as this one. each firearm would be designed so it you had a swimming pool. You would Let me be clear. No one is saying could not be readily operated by a child have some liability insurance if a that law enforcement should buy infe- under the age of six. This might in- neighbor fell into the pool and rior weapons simply because the manu- clude increasing the trigger-pull resist- drowned. This isn’t asking too much. facturer has agreed to act responsibly. ance, designing the gun so a small hand Any dealer wishing to sell Smith & The fact is, Smith & Wesson produces could not operate it, or perhaps requir- Wesson firearms must maintain an up- very good weapons. I have certainly ing a sequence of actions to fire the to-date and accurate set of records and never been one to argue that we should gun that could not be easily accom- must keep track of all inventory at all leave law enforcement without ade- plished by a 5-year-old. Who believes times. quate weaponry. But where technology the Federal Government should not en- Any dealer wishing to sell Smith & and safety of guns are similar, it courage manufacturers to make weap- Wesson firearms must agree to keep all makes eminent sense to give pref- ons so five- and six-year-olds cannot firearms within the dealership safe erence to the manufacturer that has fire them? from loss or theft, including locking agreed to certain commonsense stand- The agreement includes safety in display cases and keeping guns safely ards. manufacturing tests, such as minimum locked during off hours. I wish to take a few moments and go barrel length and firing tests to ensure Ammunition must be stored separate over a few of the details in the Smith that misfires, explosions, and cracks from firearms. & Wesson settlement document. This is such as those found in Saturday night Any dealer wishing to sell Smith & what it looks like. specials do not occur. A drop test is Wesson must stop selling large-capac- First, under the agreement, all hand- also included. ity ammunition feeding devices and as- guns and pistols will be shipped from I remember very well a major rob- sault weapons. Smith & Wesson with child-safety de- bery in San Francisco where a police This gun company has set itself in vices. Again, the juvenile justice bill officer with a semiautomatic handgun the vanguard of reform in the gun in- would have made this provision unnec- went into the robbery, pulled out his dustry, and the Treasury-Postal bill essary. But, again, that bill has gone weapon, and the clip dropped out. He coming before the Senate penalizes nowhere. was shot and killed. And I remember them for doing so. What kind of public What would that do? another incident where the gun was policy is that? It simply says we are In Memphis, TN, not too long ago, a dropped and fired accidentally. going to try, by law, to lower safety, 5-year-old took a weapon off of his Another provision: each pistol would regulation, careful record keeping, and grandfather’s dresser. It was loaded. He have a clearly visible chamber load in- all the things that are positive to the took it to kindergarten to kill the kin- dicator, so that the user can see wheth- dergarten teacher because that young- lowest possible denominator. We are er there is a round in the chamber. ster had been given a ‘‘time out’’ the not going to commend anybody who No new pistol design would be able to day before. The gun was discovered be- does the right thing. We are going to accept large-capacity ammunition cause a bullet dropped out of his back- see they are not given preference. We clips. pack—a 5-year-old child toting in his are going to provide a disincentive to The packaging of new guns will in- backpack a loaded pistol with no safety gun companies that want to do the clude a safety warning regarding the lock to kill the teacher because he had right thing. list of unsafe storage and use. What a been given a ‘‘time out’’ the day before. More than any other piece of legisla- good thing, a gun manufacturer that With the safety lock, the gun would tion I have seen, this shows the dis- will put a warning with the gun that have been inoperable to that child. ingenuousness of those who say they Another child in Michigan, a 6-year- says to the prospective gun owner: Un- are for some targeted gun regulations. old, has an argument with a child, derstand this is a lethal weapon. Here This speaks to what this is all about, brings a gun to school, and actually is how to keep it safely. Put it in a cab- that there should remain one, and one kills another 6-year-old. inet which is secure and locked. Keep industry only, without regulation, These may not be everyday events. the ammunition separate from the gun. without any kinds of standards, and But they would be prevented from hap- And we are going to prevent anyone that is the gun industry. pening if guns were made with smart who provides this from gaining any I think there is no better time to join technology and, prior to that, with kind of preference? We give preference this debate than in the upcoming safety locks. with merit pay. There are all kinds of Treasury-Postal bill. The amendment Also in the agreement, every hand- preferences in Federal law. Yet we are to strip this language from Treasury- gun would be designed with a second to deny this to anybody who does the Postal will be the first item of business hidden serial number. Why that? Be- right thing and manufactures safe of this side. cause it prevents criminals from easily guns, smart guns, better guns. Mr. President, I will make this agree- eradicating a serial number to impede Under the agreement, any dealer ment available to anyone from either tracing. How can we not support that? wishing to sell Smith & Wesson fire- side of this aisle who wants to inspect New Smith & Wesson models will be arms would comply with a series of it. no longer able to accept any large-ca- commonsense measures. Let me state Mr. President, Senator KENNEDY is a pacity magazine. What is important what they are. Any dealer wishing to cosponsor of the amendment. I thank about that? That immediately limits sell Smith & Wesson firearms first him, as well. the kill power of that weapon. The agrees not to sell at any gun show un- I yield the floor. weapon can still be used for defense. less all the sellers in the gun show pro- The PRESIDING OFFICER (Mr. But the drums of 250 or 75 rounds with vide background checks. What a re- BURNS). The Senator from Delaware. clips of 30 rounds, which are there for sponsible thing to do. Again, this pro- Mr. BIDEN. Mr. President, the Sen- one reason—to kill large numbers of vision would be unnecessary if Con- ate will soon be considering the Treas- people—would not be accepted into gress had simply passed the juvenile ury and general government appropria- that gun. justice bill and sent it to the President tions bill. This is one of the important Within 2 years, every Smith & for his signature because all sellers at funding bills we will have to pass this Wesson model would have a built-in, all gun shows would already be per- year to keep the Government open and on-board locking system by which the forming background checks. That bill running. firearm could only be operated with is stalled in conference, and this provi- In addition to the Department of the the key, or combination, or other sion of the agreement is a small step in Treasury, this is the bill that provides mechanism unique to that gun. the right direction. moneys for the operation of the White Two percent of Smith & Wesson’s Again, under the agreement, any House, the Executive Office of the firearms revenue would be devoted to dealer wishing to sell Smith & Wesson President, and it also provides funds

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7598 CONGRESSIONAL RECORD — SENATE July 26, 2000 for the construction of new court- the decision does more damage to our and substituting their own for that of houses, reflecting the priorities of the constitutional jurisprudence than it the Congress and the President. administrative offices of the courts. It does to the fight against gender-based This is not just JOE BIDEN talking. is this third branch of our Government violence. Since I said that, a number of The Violence Against Women Act case that I will take a few minutes to talk people have asked me to explain what I came to the Supreme Court through about. mean by that. Today, since we have the the Fourth Circuit Court of Appeals, In 1994, the Senate and the House time, I am beginning a series of speech- where Judge J. Harvie Wilkinson is the passed the Violence Against Women es to do just that by placing the Morri- chief judge. Judge Wilkinson has been Act which President Clinton then son decision in a larger context of what on many so-called short lists for pos- signed into law. As the author of that an increasingly out-of-touch Supreme sible Supreme Court nominees of Gov- legislation, securing its passage had Court has been doing in recent years. ernor Bush and is a well recognized been my highest priority for three ses- I plan on making two additional conservative. In the opinion he wrote, sions of Congress. The cause of elimi- speeches on this subject over the next agreeing that the civil rights remedy nating violence against women re- several weeks and months. It is crucial, in the Violence Against Women Act mains my highest priority. I have in my view, that the American people was unconstitutional, Judge Wilkinson watched the progress of the implemen- understand the larger pattern of the praised the result as an example of tation of my Violence Against Women Supreme Court’s recent decisions and, ‘‘this century’s third and final era of Act. In that act we included a provi- to me, the disturbing direction in judicial activism.’’ sion giving anyone who had been the which the Supreme Court is moving be- He, Judge Wilkinson, acknowledges victim of a crime of violence motivated cause the consequences of these cases that the decision represents the ‘‘third by gender the right to bring a lawsuit may well impact upon the ability of and,’’ he says, ‘‘final era of judicial ac- seeking damages from the assailant. American citizens to ask their elected tivism.’’ And he said he hoped this new On May 15 of this year, in a case representatives in Congress to help activism would be enduring presence in called United States v. Morrison, the them solve national problems that our Federal courts. Supreme Court struck down this provi- have national impact. That was in Brzonkala v. VPI, 169 sion. The Court said that addressing Many of the Court’s decisions are F.3d 820, 892–893. the problems of violence against written in the name of protecting pre- Or consider Judge Douglas Ginsburg women in this way was beyond the con- rogatives of the State governments and of the Court of Appeals for the District stitutional authority of the elected speak in the time honored language of of Columbia, another well recognized representatives of the United States. federalism and States rights. But as conservative. Judge Ginsburg has quite Flat out, they said it was an unconsti- my grandmother would say, they have explicitly criticized the interpretation tutional act we engaged in. stood federalism on its head. Make no of the Constitution that has prevailed In ruling it was beyond the constitu- mistake, what is at issue here is the through the better part of this entire tional authority of the Congress, the question of power, who wants it, who century and, indeed, throughout most Court said that it does not matter how has it, and who controls it—basically, of our country’s history, an interpreta- great an effect such acts of violence whether power will be exercised by an tion which correctly recognizes the have on interstate commerce. They insulated judiciary or by the elected broad capacity and competence of the said gender-based violence could be representatives of the people. people to govern themselves through crippling large segments of our na- In our separation of powers doctrine, their elected officials, not through the tional economy, but, nonetheless, even upon which our Government rests, that court system. if that were proven—according to the power is being wrestled by the Court According to Judge Ginsburg, the Court—the Congress is powerless to from the elected representatives, for in correct interpretation of the Constitu- enact a law to deter such active vio- every case in which the Court has tion produces results that severely re- lence because although we have acted struck down a Federal statute, it has strict the power of elected government. this way under the commerce clause of invalidated a statute that the people of He calls the Constitution ‘‘the Con- the Constitution before, the Court the United States have wanted. As a stitution in Exile.’’ Under that Con- ruled violence in and of itself is not matter of fact, in many of the cases of stitution, the one that he thinks con- commerce. statutes that have been struck down, trols, unelected Federal judges would I believe this is a constitutionally the numerous attorneys general of the wield enormous power to second-guess wrong decision. It is true that it does various States have sided with the Fed- legislative bodies on both the State not strike a fatal blow against the eral Government in briefs filed with and the Federal levels. struggle to end violence against women the Court, saying that they supported When Judge Ginsburg wrote about in this country. The other parts of the the decision taken by the Congress and these ideas in a magazine article in Violence Against Women Act are unaf- the President. 1995, he was eagerly awaiting signs that fected by this decision. I am pleased to Let’s give the emerging pattern of the Supreme Court would begin to em- report that these other provisions, to- Supreme Court decisions a name. In a brace his notion of a Constitution in gether with changing attitudes in this speech I gave before the New Hamp- exile. Five short years later, much has country, are beginning to make a dif- shire Supreme Court last year, I re- changed. As Linda Greenhouse recently ference in this struggle in the lives of ferred to this pattern as an emerging put it in a New York Times column, women who have been victimized. pattern of an imperial judiciary. I Judge Ginsburg’s hopes: I have introduced a bill with, now, I meant to describe the judiciary that is . . . sound decidedly less out of context think over 60 cosponsors, to enhance making decisions and seizing power in today than they did even 5 years ago, just be- the provisions of my Violence Against areas in which the judgment of elected fore the court began issuing a series of deci- Women Act so that we can continue to branches of government ought to be sions reviving a limited vision of federal make progress. Nonetheless, the deci- the controlling judgment, not the power. sion in Morrison is a wrongheaded deci- Court’s. With increasing frequency, the By taking a closer look at these se- sion. It is not just an isolated error. Supreme Court is taking over the role ries of decisions referred to in the New No, it is part of a growing body of deci- of government for itself. York Times, the pattern I have been sions in which this Supreme Court is The imperial judging might also be referring to will become quite evident. seizing the power to make important called a kind of judicial activism. ‘‘Ju- The first clear step toward an impe- social decisions that, under our con- dicial activism’’ is an overworked ex- rial judiciary was taken in the case stitutional system of government, are pression, one that has often been used called Lopez v. United States, which properly made by elected representa- by conservatives to criticize liberal invalidated a Federal law making it a tives who answer to the people, unlike judges. Under this Supreme Court, crime to possess a gun in a school zone. the Court. however, the shoe is plainly on the The Supreme Court held that it was I said at the time that the case came other foot. It is now conservative not obvious ‘‘to the naked eye’’ that down, striking down the provisions of judges who are supplanting the judg- the nationwide problem of school vio- the Violence Against Women Act, that ment of the people’s representatives lence has a substantial effect on the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7599 national economy and interstate com- Smith broke with the prior line of de- stitution, the Congress, in the Court’s merce, the predicate we have to show cisions holding that such laws needed view, cannot authorize an individual to to have jurisdiction under the com- to make reasonable accommodations sue a State even if they are suing over merce clause to pass such a law. for religion unless the Government had a purely commercial transaction with In our desire to respond quickly to a very good reason for applying the law that State. For example, as the Court the epidemic of school violence, which when it offended someone’s sincere re- held in the Alden case, an employee of we all talk about here on the floor, we ligious practices to do so. In other a State now cannot sue his or her em- in the Congress did not make find- words, unless the Government had an ployer for failing to comply with the ings—that is, we did not have hearings overwhelming reason why in a Catholic Fair Labor Standards Act just because that said ‘‘we find that the following Church they could not serve, when they the employer happens to be a State. actions have the following impact on give communion, a sip of wine with the If it is a business person, a corpora- commerce’’—we did not make findings host, prior decisions said you cannot tion, and they violate the Fair Labor to relate school violence to interstate pass a law to stop that. Standards Act, which we passed to pro- commerce. Subsequently, however, we The overwhelming majority of both tect all people who work, they can be did make such findings and pointed to Houses of Congress thought the Smith held accountable under that act. The the voluminous evidence that was be- decision was incorrect as a matter of Supreme Court came along and said: fore the Congress at the time we passed constitutional interpretation and as a But, Congress, you can’t pass a law Senator KOHL’s Gun-Free School Zone matter of policy. We concluded that be- that holds a State accountable. Act. cause section 5 of the 14th amendment The Seminole Tribe and Alden cases Nonetheless, the Court, this new im- authorized the Congress to protect fun- highlight the importance of the issue perial judiciary, ignored our findings damental civil liberties by appropriate of congressional power under the 14th and the raft of supporting evidence, legislation, we could enact a statute amendment because the Court con- and drew its own conclusions. They providing greater protection than the tinues to recognize that Congress can concluded—the Court concluded—that Smith decision did to accepted reli- authorize individuals to sue States if the threat of school violence to na- gious practices. our legislation is authorized by the tional commerce is not substantial After extensive hearings under the 14th amendment rather than by the enough to justify a legislative response leadership of Senator HATCH and Sen- commerce clause. on the part of those of us elected to the ator KENNEDY, the so-called RFRA, Re- By limiting Congress’ 14th amend- Congress. ligious Freedom and Restoration Act, ment powers, therefore, the Boerne de- The Lopez case startled many people. was drafted to require that the applica- cision, which is the Religious Freedom Numerous law schools sponsored con- tion of neutral laws had to make rea- Act decision, draws into question our ferences to discuss the meaning of this sonable accommodation to bona fide capacity to meaningfully protect civil case. Constitutional scholars debated religious objections. rights at all whenever remedies di- how great a departure this case sig- The Supreme Court struck down our rectly against a State are being consid- naled from the settled approach to con- effort to extend reasonable protections ered. gressional power that has been taken to religious practices. It held that the Viewed in its historical context, this over the 20th century, at least the last 14th amendment does not authorize the is a remarkable development in and of two-thirds of the 20th century, by all Congress to confer civil rights by stat- itself. The text of the 14th amendment previous Supreme Courts. ute or to give judicially recognized was drafted immediately after the Civil Immediately after the decision, no rights a greater scope than the Court War, and it grants powers to only one consensus emerged. Many scholars has set forth. branch of the Government, the only plausibly concluded that Lopez was, as In the Court’s view, the power of sec- one named in the amendment: the Con- one put it, just an ‘‘island in the tion 5 of the 14th amendment gives the gress, not the Court. Specifically, the stream,’’ a decision that breaks the Congress the power to ‘‘enforce’’ the amendment sought to grant the Con- flow of the river of cases before it, but rights established in that amendment, gress ample power to enforce civil which will have no lasting effect of any but it only amounts to a power to pro- significance on those that follow it. rights against the States. That is what How wrong he was. It now turns out vide remedies for the violations of the the Civil War was about. That is why that if Lopez is an island, it is one the rights that the Court has recognized— the Civil War amendments were passed: size of Australia. The Court soon fol- not the Congress, the Court has recog- to put it in stone. Developments in lowed Lopez by striking down the Reli- nized—not to protect any broader con- these recent cases I have cited are in gious Freedom and Restoration Act ception of civil rights than the Court profound tension with the sentiments that Senator HATCH and I had worked has already recognized. and concerns of the drafters of the 14th so hard to craft and the Senate and In the Flores case, it was another amendment. House passed and the President signed. sign that we are on the road to judicial Still, after that case, some might In Boerne v. Flores—that is the name imperialism. Recognizing the implica- continue to say it is not clear where of the case that struck down the Reli- tions of the decision, the Republican the Court was really headed. It was gious Freedom Act we passed—the Con- majority on the Judiciary Committee’s possible to say in the Flores case that gress of the United States enacted the Subcommittee on the Constitution in it was simply articulating the standard Religious Freedom Act in response to the House held a hearing on the Court’s governing the nature of Congress’ an earlier Supreme Court decision. refusal to defer to Congress’ factual power; namely, that it was purely re- In 1990, the Court ruled in Employ- findings and the policy determinations medial and not substantive. ment Decision v. Smith that the con- it based on those findings. Because the legislative record was stitutional freedom of religion is not Judicial deference to congressional designed to support an exercise of sub- offended by a State law that signifi- findings and congressional authority to stantive power, that record did not so cantly burdens the ability of members enforce civil rights are obviously im- clearly support the exercise of the re- of that religion to practice their reli- portant questions standing alone, but medial power. gion, so long as that law applies across the Supreme Court raised the stakes On this reading, the Court did not the board, without singling out reli- even higher in two decisions relating to second-guess the congressional find- gious practices of any one denomina- what we call State sovereign immu- ings. It just saw them as answering the tion in any way. nity. In those cases, Seminole Tribe of wrong question. Subsequent events, For example, under the Smith deci- Florida v. Florida and Alden v. Maine, however, have confirmed that the Sub- sion, a dry county which prohibits the the Court declared the Congress may committee on the Constitution had a consumption of all alcohol could pro- not use its commerce clause powers to right to be worried about Boerne be- hibit a church from using sacramental abrogate State sovereign immunity. cause Boerne was much more ominous wine when they give communion, as What this means, translated, is that than that. they do in my church; I am a Roman when Congress acts under its broad In one of the last cases decided in the Catholic; and they do so in other power to improve the national econ- 1998 term, the Court laid down yet an- churches as well. omy, a power granted to it by the Con- other marker, perhaps the most bold

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7600 CONGRESSIONAL RECORD — SENATE July 26, 2000 decision yet in the trend of the Court This has been constitutional law which I discussed a moment ago, the usurping democratic authority. going all the way back as far as Court ruled that the Constitution pre- In that decision, the Court held un- M’Culloch v. Maryland, written by the vents us from authorizing State em- constitutional a Federal statute, the then-Chief Justice John Marshall, in ployees to sue their employers for vio- Patent and Plant Variety Protection 1819. There Chief Justice Marshall lation of the Federal Age Discrimina- Remedy Clarification Act. That act wrote that the ‘‘government which has tion Act. The Court also said, however, provided a remedy for patent holders the right to act, and has imposed on it that the Constitution does not prevent against any State that infringes on the the duty of performing that act, must, the Congress from applying the law to patent holder’s patent. That was in according to the dictates of reason, be the States. Florida Prepaid Postsecondary Edu- allowed to select the means [by which Now, you have to listen to this care- cation Expense Board v. College Sav- to act].’’ fully. In a thoroughly bizarre manner, ings Bank. In the patent remedy case, the Court in my view, the Supreme Court has Before enacting this remedial legisla- quite clearly usurped the constitu- now held that the Constitution allows tion, the Congress had developed a spe- tional authority of Congress to select the Age Discrimination Act to apply to cific legislative record detailing spe- the means it thinks appropriate to State employers, but it denies the em- cific cases where States had infringed a remedy a problem that is admittedly ployees the right to sue the State em- federally conferred patent and evidence within the authority of Congress to ad- ployers when their rights under the suggested the possibility of a future in- dress. Federal law are violated. We learned in crease in the frequency of State in- In the patent remedy case, the Court law school that a right without a rem- fringements of patents held by individ- did not hold that Congress has exer- edy can hardly be called a right. uals. cised a power in an area outside its As a result of this case, called Kimel Unlike Lopez, the Patent Protection constitutional authority. Instead, it v. Florida Board of Regents, over 27,000 Act did not lack findings or legislative disagreed with our substantive judg- State employees in my State of Dela- record. Unlike Boerne, the legislative ment as to whether the Federal remedy ware are left without an effective judi- record demonstrated that the statute was warranted. cial remedy for a violation of a Federal was remedial and not substantive. In short, the Court struck down the law that protects them against age dis- Nonetheless, the Supreme Court de- remedy just because it did not think crimination. Across the Nation, nearly cided, independently, that the facts be- the remedy was a good idea. Who are 5 million State employees no longer fore the Congress, as it, the Court, in- they to make that judgment? Talk have the full protection of Federal law. Recall that in the Boerne decision— terpreted them, provided, in the about judicial activism. The cases I the case that invalidated the Religious Court’s words, ‘‘little support’’ for the have reviewed today—Lopez, Boerne, Freedom Restoration Act, which I dis- need for a remedy. Seminole Tribe, Alden, and Florida cussed a moment ago—the Court had Get this: We, up here, concluded, on Prepaid—bring us up to this term just begun the process of undermining the the record, that States have, in fact, completed by the Supreme Court. ability of the Congress under section 5 infringed upon the patents held by in- In the next series of speeches, I will of the 14th amendment to enact legisla- dividuals. We laid out why we show how the trend of judicial impe- tion protecting civil rights. In Kimel, thought—Democrat and Republican, rialism continued, and was extended by they continued that process. House, Senate, and President—we several cases decided this past year, in- In Kimel, the Court held that Con- should protect individuals from that cluding the Violence Against Women gress’ 14th amendment power to en- and why we thought the problem would Act, which I began with today. force civil rights refers only to the en- get worse. We set that out in the The bottom line here is, in the opin- forcement of those rights that the record when we passed the legislation. ion of many scholars and observers of Court itself has declared and not to But the Supreme Court comes along the Court, we are witnessing the emer- rights that exist by virtue of valid and says: We don’t think there is a gence of what I referred to a year ago statutes. Because the Court decided problem. Who are they to determine as the ‘‘imperial judiciary.’’ I just dis- that the Age Discrimination Act goes whether or not there is a problem? It is cussed five cases leading up to the just beyond the general protection the Con- theirs to determine whether our action completed term. stitution provides when it says that all is constitutional, not whether or not Now I would like to discuss two sig- citizens are entitled to ‘‘equal protec- there is a problem. But they said they nificant decisions of this term. I will tion under the law,’’ the Court ruled found little support for our concern— also begin the task of trying to place that the right to sue an employer for the concern of 535 elected Members of these decisions in a broader framework violations of the act was not ‘‘appro- the Congress and the President of the of the Constitution’s allocation of re- priate’’ and so ruled the act unconsti- United States. sponsibility between the elected tutional. The Court was not substituting a branches of Government and the judici- After Kimel, the pattern of the impe- constitutional principle here. The ary. It is a framework that this ‘‘impe- rial judiciary now emerges with some Court was substituting its own policy rial judiciary’’ is disregarding. clarity. First, the Court has repudiated views for those of this body that de- Last December, the Court focused its over 175 years of nearly unanimous scribed the problem of State infringe- sight on the Age Discrimination in Em- agreement that Congress, not the ment on Federal patents as being of na- ployment Act. That is the act that pro- Court, will decide what constitutes tional import. They concluded it is not tects Americans against discrimina- ‘‘necessary and proper’’ legislation that big of a deal. tion based on age and is amply justified under any of its, Congress’, enumerated We need to be clear about what the under our Constitution. Not only does powers. Then in a parallel maneuver, Court did in the patent remedy case. it protect the basic civil rights of equal the Court has announced that it, not For a long time, it has been accepted protection and nondiscriminatory the Congress, will decide what con- constitutional law that once a piece of treatment—with bipartisan support, I stitutes ‘‘appropriate’’ remedial legis- legislation has been found to be de- might add—it also promotes the na- lation to enforce civil rights and civil signed to cover a subject over which tional economy, by ensuring that the liberties. the Constitution gives the Congress the labor pool is not artificially limited by Let me return for a moment to the power to act—let me say that again— mandatory requirements to retire. Violence Against Women Act, which I this has been accepted constitutional So the Congress had ample constitu- began earlier in my speech. Prior to theory and law that once a piece of leg- tional authority to enact the Age Dis- the enactment of the Violence Against islation has been found to be designed crimination Act. And the Court did not Women Act, I held extensive hearings by the Congress to cover a subject over deny that. Nonetheless, the Court, this in the Judiciary Committee when I was which the Congress has constitutional last term, gutted the enforcement of chairman, compiling voluminous evi- authority, that it then becomes wholly the act as the act applied to all State dence on the pattern of violence within the sphere of Congress to decide government employees. against women in America. The mas- whether any particular action is wise Building on its earlier decisions in sive legislative record Congress gen- or is prudent. the Seminole Tribe and Alden cases, erated over a 4-year period of those

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7601 hearings supported Congress’ explicit tain of data, as Justice Souter in his As Justice Souter said in his dissent, findings that gender-motivated vio- dissent called it, showing the effects of this has it exactly backwards, for ‘‘the lence does substantially and directly violence against women on interstate fact of such a substantial effect is not affect interstate commerce. How? By commerce—the funny thing about this an issue for the courts in the first in- preventing a discrete group of Ameri- is that the Supreme Court acknowl- stance, but for the Congress, whose in- cans, i.e., women, from participating edged all of it. They said: We don’t stitutional capacity for gathering evi- fully in the day-to-day commerce of challenge that. dence and taking testimony far exceeds this country. These are the types of This is the new height in their impe- ours.’’ findings, I might add, that were absent rial judicial thinking. That is right. In short, in a decision that reads when the Congress first enacted the The Court acknowledged all of the find- more like one written in 1930 than in Gun-Free School Zone Act, struck ings of my committee. In Morrison, the 2000, the Court held that the judicial, down in the Lopez case. Supreme Court recognized that in con- not the legislative, branch of the Gov- Let me remind you that Congress, trast to the lack of findings in the leg- ernment was better suited to making when we enacted the civil rights provi- islation on the Gun-Free School Zone these decisions on behalf of the Amer- sion invalidated in Morrison, found: case, Lopez, that the civil rights provi- ican people—a conclusion that cer- [C]rimes of violence motivated by gender sions of the Violence Against Women tainly would have surprised Chief Jus- have a substantial adverse impact upon Act were supported by ‘‘numerous fac- tice Marshall, the author of the sem- interstate commerce by deterring potential tual findings’’ about the impact of gen- inal commerce clause decision in Gib- victims of violence from traveling inter- der-motivated violence on interstate bons v. Ogden in the early 1800s. state, from engaging in employment in commerce. The judgments that the Congress interstate business, from transacting with But the Court also acknowledged the made in enacting the Violence Against businesses and in places involved in inter- failure of the States to address this Women Act were, in my view, the cor- state commerce. Crimes of violence moti- problem—they acknowledged the rect ones. Even if you disagree with vated by gender have a substantial adverse States had not addressed it before we me, though, they were the Congress’ effect on interstate commerce by dimin- ishing national productivity, increasing did—noting that the assertion that judgments to make, not the Court’s medical and other costs, and decreasing the there was a pervasive bias in State jus- judgments to make. supply of and the demand for interstate tice systems against victims of gender- When it struck down the Violence products . . . motivated violence was supported by a Against Women Act, the Court left lit- I cannot emphasize enough the seri- ‘‘voluminous congressional record.’’ tle doubt that it was acting outside its ousness of the toll that we found gen- They acknowledged that there was this proper judicial role. They said that the der-motivated violence exacts on inter- great impact on interstate commerce. commerce clause did not justify the state commerce. Such violence denies They acknowledged—because I had my statute because the act of inflicting vi- women an equal opportunity to com- staff, over 4 years, survey the laws and olence on women is not a ‘‘commer- pete in the job market, imposing a the outcomes in all 50 States—that cial’’ act. It said that section 5 of the heavy burden on our national economy. many State courts had a bias against 14th amendment also did not justify Witness after witness at the hearing women. this act because creating a cause of ac- testified that as a result of rape, sexual So they acknowledged both those tion against the private perpetrators of assault, or domestic abuse, she was predicates. violence is not an ‘‘appropriate’’ rem- Instead of according the deference fired from, forced to quit, or abandoned edy for the denial of equal protection typically given to congressional fac- her job. As a result of such interference that occurs when State law enforce- tual findings, supported by, as they ment fails vigorously to enforce laws with the ability of women to work, do- said, a voluminous record, and without mestic violence was estimated to cost that ought to protect women against even the pretense of applying what we such violence. employers billions of dollars annually lawyers call the ‘‘traditional rational Over the course of this speech today, because of absenteeism in the work- basis test’’—that is, if the Congress has I have discussed seven significant deci- place. Indeed, estimates suggested that a rational basis upon which to make its sions since 1995: Lopez, the gun-free we spend between $5 and $10 billion a finding, then we are not going to sec- school zones case; Boerne against Flo- year on health care, criminal justice, ond-guess it; that is what we mean by res, the Religious Freedom Restoration and other social costs merely and to- ‘‘rational basis’’—the Court simply Act case; Seminole Tribe and Alden, tally as a consequence of violence thought it knew better. the two decisions prohibiting us from against women in America. This marks the first occasion in more creating judicial enforceable economic In response to this important na- than 60 years that the Supreme Court rights for State employees; Florida tional problem, one to which we found has rejected explicit factual findings Prepaid, the patent remedy case; the States did not or could not ade- by Congress that a given activity sub- Kimel, the Age Discrimination Act quately respond, Congress enacted my stantially affects interstate commerce. case; and finally, Morrison, the Vio- Violence Against Women Act in 1994, The Court justified this abandonment lence Against Women Act case. which included provisions authorizing of deference to Congress by declaring None of them deal fatal blows to our women to sue their attackers in Fed- that whether a particular activity sub- ability to address these significant na- eral court. This statute reflected the stantially affects interstate commerce tional problems, but they each, in legislative branch’s judgment that ‘‘is ultimately a judicial rather than a varying degrees, make it much more State laws and practices had failed to legislative question.’’ difficult for us to be able to do so. provide equal and adequate protection You got this? For the first time in 60 There are two even more important to women victimized by domestic vio- years, since back in the days of the points to make about these cases. lence and sexual assault and that the Lochner era, the Supreme Court has First, together, these cases are estab- lawsuit would provide an adequate come along and said they acknowledge lishing a pattern of decisions founded means of remedying these deficiencies. that the Congress has these volumi- on constitutional error—an error that This was no knee-jerk response to a nous findings that interstate commerce allocates far too much authority to the problem. Congress specifically found is affected and the States aren’t doing Federal courts and thereby denies to that State and Federal laws failed to anything to deal with this national the elected branches of the Federal ‘‘adequately provide victims of gender- problem of violence against women; Government the legitimate authority motivated crimes the opportunity to they are not doing sufficiently enough. vested in it by the Constitution to ad- vindicate their interests’’ and that: There is a bias in their courts. We ac- dress national problems. . . . existing bias and discrimination in the knowledge that. But they said, not- Second, this is a trend that is fully criminal justice system often deprives vic- withstanding that, the question of capable of growing until it does deal tims of crimes of violence motivated by gen- whether a specific activity substan- telling blows to our ability to address der of equal protection of the laws and the tially affects interstate commerce ‘‘is significant national problems. This is redress to which they are entitled. ultimately a judicial rather than a leg- not only my assessment; it is shared, The funny thing about these explicit islative question.’’ Hang on, here we go for example, by Justice John Paul Ste- congressional findings and this moun- back to 1925. vens, who was appointed to the Court

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7602 CONGRESSIONAL RECORD — SENATE July 26, 2000 by Gerald Ford. Dissenting in the others. Not all of these judicial exer- The Constitution itself was con- Kimel case, Justice Stevens has writ- cises can be corrected by the Supreme cerned with a more complex function. ten that ‘‘the kind of judicial activism Court, even if it were inclined to do so, Whereas the Declaration explained the manifested in [these cases] represents because the Court decides only 80 or so reasons for splitting from Great Brit- such a radical departure from the prop- cases a year from the entire Federal ain, the Constitution was concerned er role of this Court that it should be system. with explaining why the former colo- opposed whenever the opportunity In concluding, I wish to describe in nies should remain united as a single arises.’’ the most basic terms why the impe- nation. It was also concerned with the That is not JOE BIDEN speaking; that rialist course upon which the Court has task of providing a government that is a sitting member of the Supreme embarked constitutes a danger to our could fulfill the promise and purposes Court appointed by a Republican Presi- established system of government. of union. dent. In case after case, the Court has The Framers who arrived in Philadel- It is also shared by Justice David strayed from its job of interpreting the phia to debate and draft the Constitu- Souter, who was appointed by Presi- Constitution and has instead begun to tion were no longer immediately ani- dent Bush. Dissenting in the Lopez second guess the Congress about the mated by an overbearing and oppres- case, Justice Souter has written that wisdom or necessity of enacted laws. sive government. In fact, our first na- ‘‘it seems fair to ask whether the step Its opinions declare straightforwardly tional government, under the Articles taken by the Court today does any- its new approach: The Court deter- of Confederation, was the precise oppo- thing but portend a return to the un- mines whether legislation is ‘‘appro- site. tenable jurisprudence from which the priate,’’ or whether it is proportional The emergency that brought the Court extricated itself almost 60 years to the problem we have validly sought leading citizens of the North American ago.’’ He was referring to the Lochner to address, or whether there is enough continent together in Philadelphia era. reason for us to enact legislation that that Summer of 1787 was the inability It is shared by Justice Breyer, a Clin- all agree is within our constitutionally of the national government to act in ton appointee. Dissenting in College defined legislative power. any effective way. These framers saw Savings Bank v. Florida Prepaid, Jus- If in the Court’s view legislation is the vast potential of the new nation tice Breyer has written that the not appropriate, or proportional, or with its unparalleled natural and grounded in a sufficient sense of ur- Court’s decisions on State sovereign human resources. gency, it is unconstitutional—even immunity ‘‘threaten the Nation’s abil- They saw as well the danger posed by though the subject matter is within ity to enact economic legislation need- foreign powers and domestic unrest. Congress’ power, and even though Con- ed for the future in much the way They realized too that the Confed- gress made extensive findings to sup- Lochner v. New York threatened the eration could never act credibly to ex- port the measure. ploit the nation’s potential or to quell Nation’s ability to enact social legisla- More significant than the invalida- domestic and foreign hostilities. As tion over 90 years ago.’’ tion of any specific piece of legislation, Significantly, this imperialist trend Alexander Hamilton put it, ‘‘[w]e may this approach annexes to the judiciary indeed with propriety be said to have can continue to grow and flower in two vast tracts of what are properly under- different places. The Supreme Court reached almost the last stage of na- stood as the legislative powers. If al- tional humiliation. There is scarcely itself can continue to write more and lowed to take root, this expanded anything that can wound the pride or more aggressive decisions, cutting version of judicial power will under- degrade the character of an inde- deeper and deeper into the people’s ca- mine the project of the American peo- pendent nation which we do not experi- pacity to govern themselves effectively ple, and that project is self-govern- ence.’’ at a national level. ment, as set forth in the Constitution. Hamilton urged that the nation rat- In the short term, perhaps the odds To understand the alarm that Justice ify the Constitution and throw off the are that this will not occur. Many of Stevens, Justice Souter, and others ability of the states to constrain the the decisions in this pattern have been have sounded about the Court’s pattern national government: ‘‘Here, my coun- decided by votes of five Justices to four of activism, we must understand the trymen, impelled by every motive that Justices, and it may be that one or way the Constitution structures the ought to influence an enlightened peo- more of the conservative majority has Federal Government and the reasons ple, let us make a firm stand for our gone about as far as he or she is pre- behind that structure. We must also safety, our tranquility, our dignity, our pared to go at this time. understand the history and the prac- reputation. Let us at last break the In the longer term, however, we can tice that have made the Constitution’s fatal charm which has too long seduced quite reasonably expect two or three blueprint a reality and provide a scale us from the paths of felicity and pros- appointments to the Court in the next to measure when the balance of power perity.’’ 4 to 8 years, and if those appointments has gone dangerously awry. These con- Indeed, Hamilton may have been un- result in replacing moderate conserv- siderations amply support Justice Ste- derstating the degree of the crisis. atives on the Court with activist con- vens’s assessment of ‘‘a radical depar- Gouverneur Morris, a leading delegate servatives, we have every reason to ex- ture from the proper role of this from Pennsylvania, warned that ‘‘This pect that this trend I have outlined for Court.’’ country must be united. If persuasion the last 45 minutes would gain momen- The Constitution (supplemented by does not unite it, the sword will . . . tum. the Declaration of Independence) sets The scenes of horror attending civil It can also bloom in the lower courts. forth the great aspirations and objects commotion cannot be described . . . This may, to some extent, be by design of our nation. It does not, however, The stronger party will then make of the Justices who are taking the lead achieve them. That is the great project [traitors] of the weaker; and the Gal- in the Court today. Certainly, many of American politics and government: lows & Halter will finish the word of people have remarked on the proclivity to achieve the country envisioned in the sword.’’ of Justice Scalia to author opinions those founding documents. The way to The words of the Constitution’s pre- containing sweeping language that cre- meet our aspirations and establish our amble are not idle rhetoric. The found- ates new ambiguities in the law and national identity and our character as ing generation ratified the Constitu- which then often provide a hook on a people is through the process of self- tion in order to establish a government which lower court judges can hang government. that could decisively and effectively their judicial activism. The Declaration of Independence pro- act to ‘‘provide for the common de- Already, opinions have been written claims our fundamental commitment fense, promote the general welfare, and by lower court judges overturning the to liberty and equality. These commit- secure the blessings of liberty.’’ This is Superfund legislation, challenging the ments are by no means self-executing. a fundamental constitutional value constitutionality of the Endangered The history of our nation is in no small that must always be brought to bear Species Act, calling into doubt Federal part the history of a people struggling when construing the Constitution. protection of wetlands, and evis- to comprehend these commitments and Yet, it is precisely this constitu- cerating the False Claims Act, among to put these high ideals into practice. tional value that the Supreme Court

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7603 has lost sight of. Consider, for example, essary and proper exercise of its con- case of that than the Soviet grain em- Justice Kennedy’s statement in the stitutional powers. When the Court bargo with 17 million tons of grain and case striking down the Line Item Veto fails to defer, as it had during several those contracts were canceled. Instead Act. ‘‘A nation cannot plunder its own periods prior to the New Deal, it inevi- of hurting the Soviet Union, they re- treasury without putting its Constitu- tably finds itself making judgments placed the contracts in the world mar- tion and its survival in peril. that are far outside the sphere of the ketplace at a $250 million benefit to The statute before us then is of first judicial power. the Soviet Union. Instead of hurting importance, for it seems undeniable This is the point of Justice Stevens’ the former Soviet Union, we helped the the Act will tend to restrain persistent warning. The Court is departing from former Soviet Union. That particular excessive spending.’’ Who is he to make its proper role in scope of power cases. weapon was dangerous. Using food and that judgment? Yet, Justice Kennedy What was initially uncertain, even medicine as an embargo is dangerous viewed this as completely irrelevant to after Lopez and Boerne, is now inescap- because that weapon backfires. Instead the statute’s constitutionality. He con- able: This imperial Court, in case after of hurting our opponent, we helped our curred that the Line Item Veto Act case, is freely imposing its own view of opponent. violates separation of powers even what constitutes sound public policy. Who did we hurt? We hurt the Amer- though there was no obvious textual This violates a basic theory of govern- ican farm agricultural community. We basis for this conclusion and no appar- ment so carefully set forth in our Con- hurt the food processing community. ent threat to any person’s liberty. stitution. In theory, therefore, there is We need to make a commitment to Justice Kennedy is right about one ample reason to expect that the Su- ourselves that we need to reform this thing. His statement is premised on the preme Court’s recent imperialism will area of embargoing food and medicine view that the Court is not particularly undermine the fundamental value ani- resources. well-suited to make policy or political mating the Constitution, and that is The provision the Senator from Kan- judgments. This is accurate and no the ability of the American people to sas and I and others will likely offer mere happenstance. The Constitution govern themselves effectively and today simply reaffirms what we have itself structures the judiciary and the democratically. been trying to do for some time; that political branches differently by de- I yield the floor. is, to get real reform of humanitarian sign. The PRESIDING OFFICER (Mr. sanctions. I will cosponsor Senator The Judiciary is made independent of HAGEL). The Senator from Michigan. ROBERTS’ and Senator BAUCUS’ amend- political forces. Judges hold life tenure Mr. LEVIN. Mr. President, I yield to ment. I support it fully. However, the and salaries that cannot be reduced. the Senator from Missouri up to 7 min- amendment should not be necessary. The purpose of the entire structure of utes for a statement he wishes to Twice we have passed sanctions reform the judiciary is to leave judges free to make, and I ask unanimous consent I for food and medicine in the Senate. apply the technical skills of the legal be allowed to do that without losing Why is it necessary to do this a third profession to construe and develop the my right to the floor. time? My clear preference is to pass law, within the confines of what can be The PRESIDING OFFICER. Without sanctions reform for all countries, not fairly deemed legal reasoning. objection, it is so ordered. only for Cuba. We should reform the Outside this realm is the realm of The Senator from Missouri. sanctions regime for all countries, not policy. Here Congress and the Presi- Mr. ASHCROFT. Mr. President, I only Cuba, and we should ensure that dent enjoy the superior place, again by thank the Senator from Michigan for future sanctions will not be imposed constitutional design. The political his kindness to me. I certainly am not arbitrarily. branches are tied closely to the people, the one to object to that unanimous Last year, the Senate accepted over- most obviously through popular elec- consent. I appreciate that very much. whelmingly, by a vote of 70–28, accept- tions. I express my unequivocal support, ed an amendment that I and many of Between elections, the political and I rise to do so for the many efforts my colleagues offered. That amend- branches are properly subject to the that we are making in this Congress to ment lifts food and medicine sanctions public in a host of ways. Moreover, the reform U.S. policy on embargoes of across the board, not only applying the political branches have wide-ranging food and medicine. Now is the time to lifting of the sanctions to Cuba. access to information through hear- reevaluate the policies we have en- When we went to the House-Senate ings, through studies we commission, gaged in in the past that are perpet- conference, the democratic process was and through the statistics and data we uating losses to America. derailed. We were not voted down. The routinely gather. Food embargoes can be summed up as conference was shut down because the This proximity to the people and to a big loss: a loss to the U.S. economy, votes were there to affect what the information makes Congress the most a loss of jobs, a loss of markets. For ex- Senate had clearly voted in favor of. suitable repository of the legislative ample, embargoed countries buy 14 per- That is, the reformulation of our policy power; that is, the power to deliberate cent of the world’s total rice, 10 per- in regard to food and medicine embar- as agents of the public and to deter- cent of the world’s total wheat pur- goes. The conference was shut down by mine what laws and structures will chases, and the list goes on. a select few individuals in the Congress best ‘‘promote the general welfare.’’ When we lose those markets for who were outside of the conference It is much easier to describe the dis- America, we should have a very good committee. tinction between the judicial and the reason. There should be some benefit if This reform proposal was then adopt- legislative power in the abstract than we are going to give up access to 14 ed by the Senate Foreign Relations it is to apply in practice. That is why percent of the world’s rice import mar- Committee. I am pleased the Senate so much of our constitutional history ket, 10 percent of the world’s wheat Foreign Relations Committee has em- has been devoted to developing doc- market, for soybean farmers, cattle- braced the concept, which the Senate trines and traditions that keep the ju- men, hog farmers, poultry producers, voted 70–28 in favor of, in spite of the diciary within its proper sphere. cotton, and corn farmers. fact this was shot down when the com- After much upheaval, the mid-twen- The nation of Cuba, for example, im- mittee was shut down in the conference tieth century yielded a stable and har- ports about 22 million pounds of pork a last year. monious approach to questions relating year. Someone says that is important Once again, this provision passed the to the scope of Congress’s powers: these to the livestock farmers. Feed that pig Senate this year. Senators DORGAN and questions are largely for the political corn before exporting it, so it is impor- GORTON offered it as an amendment in branches and the political process to tant to the grain farmers, as well. the agricultural appropriations mark- resolve—not the courts. The embargo causes a loss in Amer- up, and it was accepted overwhelm- To be sure, the Court has a role in po- ica’s foreign policy. Often we think we ingly. licing the outer boundaries of this will inflict some sort of pressure or in- Once again, we are faced with a power, but it is to be extremely def- jury on another country and, instead of House-Senate conference. It would be erential to the specific judgment of hurting them, we help them. I don’t very troublesome to me if the demo- Congress that a given statute is a nec- think there was any more dramatic cratic process is not allowed to work,

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7604 CONGRESSIONAL RECORD — SENATE July 26, 2000 especially after we have seen the will Lake Charles Harbor & Terminal District, Service to issue those stamps for a of Congress and the American people. Catholic Relief Services. whole bunch of causes that are com- That will is clearly expressed as a will Mr. ASHCROFT. We are today offer- peting with each other for us to man- to reform and embrace the reform of ing yet another amendment because date the Postal Service to issue such a sanctions imposed by the President. It there is concern that the democratic stamp. has passed the Senate Foreign Affairs process in the agricultural appropria- Section 414 of this bill says: Committee, and it has passed the Sen- tions House-Senate conference will not In order to afford the public a convenient ate twice. Some version of this effort be respected. way to contribute to funding for domestic vi- has now passed the House of Represent- Let me be clear. We would not have olence programs, the Postal Service shall es- atives and is broadly supported all to be here today offering this amend- tablish a special rate of postage for first- across America. ment that says ‘‘don’t enforce the class mail under this section. I hold in my hand a list of about 50 law,’’ if we in the Congress were al- It then goes on to describe what that organizations, dozens and dozens and lowed to change the law, which is the rate shall be. It says in part of this sec- dozens of organizations, including the purpose of Congress. tion that: American Farm Bureau, the National If you don’t want to change the law, It is the sense of the Congress that nothing Farmers Union, the U.S. Chamber of you don’t need a Congress. You can in this section should directly or indirectly Commerce, Gulf Ports of the Americas have the same laws all the time. We cause a net decrease in total funds received found a law that is not working; we by the Department of Justice or any other Association, the AFL–CIO. That is a agency of the Government, or any compo- pretty broad set of groups that want to should change the law. This amend- nent or program thereof below the level that reform this practice of embargoes. ment will be a ‘‘don’t enforce the law’’ would otherwise have been received but for I ask unanimous consent to have this amendment, but the truth is, our prior the enactment of this section. list printed in the RECORD. expressions on this are clear. We ought I am not sure how this can possibly There being no objection, the list was to change the law so we won’t have to be enforced. But that is just one of the ordered to be printed in the RECORD, as talk about withdrawing funding for en- problems, not the basic problem, with follows: forcement. this language. GROUPS AND INDIVIDUALS SUPPORTING THE My preference is to get this issue re- As I indicated, the first and only ex- AMENDMENT: solved in the agricultural appropria- ample in American history of a Missouri Farm Bureau, and numerous tions conference and pass embargo re- semipostal stamp being issued was the other Missouri farm organizations, The form for all countries and for future breast cancer research stamp which re- American Farm Bureau, The National Farm- sanctions. We need to send real embar- quired the Postal Service to turn over ers Union, American Soybean Association, go reform to the President’s desk this extra revenue, less administrative U.S. Rice Producers Association, Wheat Ex- year. That should be our objective. I costs, to the National Institutes of port Trade Education Committee, National will support this amendment today Association of Wheat Growers, U.S. Wheat Health and the Department of Defense Associates, National Grain Sorghum Pro- which I am cosponsor of, but real re- for its breast cancer research pro- ducers, Cargill. form, and reforming the regime, the grams. That stamp broke tradition in ConAgra, Riceland, U.S. Chamber of Com- framework in which these sanctions Congress, not just because it was the merce, Grocery Manufacturers of America, are proposed, is what we ought to do. It first semipostal in our Nation’s history Gulf Ports of the Americas Association, The is what we have done. I believe, ulti- but also because it was the first time AFL–CIO, Washington Office of Latin Amer- mately, it is what we will do for the that Congress mandated the issuance ica, Resource Center of the Americas, The benefit of not only those who work in of any stamp in 40 years. I think our U.S.-Cuba Foundation, Cuban American Alli- agriculture and who respect foreign ance Education Fund. tradition of keeping Congress out of Association for Fair Trade with Cuba, The policy but for future generations and the stamp selection process has worked U.S.-Cuba Friendshipment/Bay Area, Ameri- the relations of the United States with with respect to commemorative cans for Humanitarian Trade with Cuba, other countries. stamps, and I believe we should follow Cuban Committee for Democracy, U.S.A./ I yield the floor. that with respect to semipostals as Cuba InfoMed, USCuBA Trade Association, The PRESIDING OFFICER. The Sen- well. Cuban Committee for Democracy, Cuban ator from Michigan. For the last 40 years, Congress has American Alliance Education Fund, Inc., Mr. LEVIN. Mr. President, the Treas- deferred to the Postal Service and to InterAction (the American Council for Vol- ury-Postal appropriations bill includes untary International Action). an advisory board which it has set up, Latin American and Caribbean Region a provision to establish a special post- nonpartisan, out of politics, objective. American Friends Service Committee, World age stamp called the semipostal, in- That Citizens’ Stamp Advisory Com- Neighbors, Lutheran World Relief, Church of tended to raise funds for programs to mittee recommends subjects for the the Brethren, Washington Office, Bread for reduce domestic violence. commemorative stamp program. That the World, Paulist National Catholic I am a very strong supporter of pro- committee, the Citizens’ Stamp Advi- Evangelization Association, World Edu- grams to reduce domestic violence—I sory Committee, was created more cation, Lutheran Brotherhood, PACT, Third believe Congress should fully fund than four decades ago to take politics World Opportunities Program. those programs—but I do not agree Concern America, Center for International out of the stamp selection process. Policy, Program On Corporations, Law, and that another semipostal issue should Committee members review thousands Democracy (POCLAD), Unitarian Univer- be mandated by the Congress. of stamp subjects each year and select salist Service Committee, Committee of Con- Semipostals are stamps that are sold only a small number that they believe cerned Scientists, Inc., (which is chaired by with a surcharge on top of the regular will be educational and interesting to Joel Lebowitz, Rutgers University, Paul first-class postage rate, with the extra the public and meet the goals of the Plotz, National Institutes of Health, and revenue earmarked for a designated Postal Service. Walter Reich, George Washington Univer- cause. Those causes are invariably sity), Women’s International League for Although Congress advises that advi- causes which I think most, if not all, sory committee on stamp subjects by Peace and Freedom, Oxfam America, Insti- support. They are very appealing tute for Food and Development Policy. making recommendations through let- Paulist National Catholic Evangelization causes that come to Congress and ask ters that we send or through sense-of- Association, The Alliance of Baptist, Insti- to require the Postal Service to issue a Congress resolutions, until now, for the tute for Human Rights and Responsibilities, stamp that has an amount for first- last 40 years, Congress has left the de- Chicago Religious Leadership Network on class postage more than the regular 33 cisionmaking on stamp issuance up to Latin America, Fund for Reconciliation and cents amount, with the difference the Postal Service. Development, Guatemala Human Rights going to their cause. Commission, USA, The Center for Cross-Cul- This is what the Postal Service says The one and only time that we ever about the role of the Citizens Stamp tural Study, Inc., Mayor Gerald Thompson, did that was for an extraordinarily City of Fitzgerald, Georgia, Professor Hose Advisory Committee: Moreno, Professor of Sociology, University worthy cause—breast cancer research. The U.S. Postal Service is proud of its role of Pittsburgh, Berkeley Adult School, Career The question now is whether we are in portraying the American experience to a Center Director June Johnson, Youngstown going to continue down that road and, world audience through the issuance of post- State University, Dept. of Foreign Language, as a Congress, mandate the Postal age stamps and postal stationery.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7605 Almost all subjects chosen to appear on where every citizen of this country can cost of these issues are supposed to be U.S. stamps and postal stationery are sug- make a recommendation to the com- deducted from the receipts, but I do gested by the public. Each year, Americans mittee which has certain basic criteria not believe there are too many of us submit proposals to the Postal Service on literally thousands of different topics. Every to determine the eligibility of subjects who are in a position where we would stamp suggestion is considered, regardless of for commemoration on U.S. stamps. want to vote against a stamp or any- who makes it or how it is presented. These criteria are set forth for the gen- thing else that could assist AIDS re- On behalf of the Postmaster General, the eral public to see—12 major areas guide search, diabetes research, Alzheimer’s Citizens’ Stamp Advisory Committee (CSAC) the selection. disease, prostate cancer research, or is tasked with evaluating the merits of all It is a general policy that U.S. postage organ and tissue donation. Many of us stamp proposals. Established in 1957, the stamps and stationery primarily will feature have devoted a great deal of our lives Committee provides the Postal Service with American or American-related subjects. a ‘‘breadth of judgment and depth of experi- to those and other causes such as the No living person shall be honored by por- World War II memorial and the Na- ence in various areas that influence subject trayal on U.S. postage. matter, character and beauty of postage tional Battle Monuments Commission. Commemorative stamps or postal sta- When the breast cancer research stamps.’’ tionery items honoring individuals usually The Committee’s primary goal is to select will be issued on, or in conjunction with sig- stamp was approved, I voted against it. subjects for recommendation to the Post- nificant anniversaries of their birth, but no I was one of the few who did. That cre- master General that are both interesting and postal item will be issued sooner than ten ated for me, and for others who voted educational. In addition to Postal Service’s years after the individual’s death. The only extensive line of regular stamps, approxi- no, the prospect that somebody would mately 25 to 30 new subjects for commemora- exception to the ten-year rule is the issuance then say I opposed funds for breast can- tive stamps are recommended each year. of stamps honoring deceased U.S. presidents. cer research, which obviously I do not. Stamp selections are made with all postal They may be honored with a memorial In a split second, I would have voted to customers in mind, not just stamp collec- stamp on the first birth anniversary fol- increase the appropriation for breast tors. A good mix of subjects, both interesting lowing death. Events of historical significance shall be cancer research by the amount of and educational, is essential. money which might have been raised Committee members are appointed by and considered for commemoration only on anni- serve at the pleasure of the Postmaster Gen- versaries in multiples of 50 years. by this stamp so we could give to NIH eral. The Committee is composed of 15 mem- Only events and themes of widespread na- an amount of money at least equal to bers whose backgrounds reflect a wide range tional appeal and significance will be consid- what might be raised by such a stamp. of educational, artistic, historical and pro- ered for commemoration. Events or themes Obviously, I am not opposed to addi- fessional expertise. All share an interest in of local or regional significance may be rec- tional funds. Indeed, the opposite is philately and the needs of the mailing pub- ognized by a philatelic or special postal can- cellation, which may be arranged through true. lic. What does trouble me, however, is The Committee itself employs no staff. the local postmaster. The Postal Service’s Stamp Development Stamps or stationery items shall not be that we are now beginning a course group handles Committee administrative issued to honor fraternal, political, sec- which will politicize the issuance of matters, maintains Committee records and tarian, or service/charitable organizations stamps again in this country. We had responds to as many as 50,000 letters received that exist primarily to solicit and/or dis- taken politics out of it by the creation annually recommending stamp subjects and tribute funds. Nor shall stamps be issued to of an advisory committee. For 40 years designs. honor commercial enterprises or products. this advisory committee, and this advi- The Committee meets four times yearly in These criteria—I have just read six of sory committee alone, has decided and Washington, D.C. At the meetings, the mem- them; there are a total of 12—are set made the recommendation to the Post- bers review all proposals that have been re- forth for the public to see and for ev- ceived since the previous meeting. No in-per- al Service what commemoratives will son appeals by stamp proponents are per- erybody to have a fair chance, accord- be issued. They have not issued any mitted. The members also review and pro- ing to certain criteria set forth in ad- semipostals nor were any issued by this vide guidance on artwork and designs for vance to have a recommendation con- country until the breast cancer re- stamp subjects that are scheduled to be sidered. search stamp was approved. issued. The criteria established by this inde- The stamp advisory committee, how- Now in this bill we have another good pendent group ensure that stamp subjects ever, does not issue semipostals. One of cause, money which would go to pro- have stood the test of time, are consistent the questions we need to face as a Con- grams aimed at reducing domestic vio- with public opinion and have broad national gress is whether or not, given the fact interest. lence. There is no doubt about the va- Ideas for stamp subjects that meet the we now are beginning to authorize lidity of the cause. The problem is that CSAC criteria may be addressed to the Citi- semipostage such as the breast cancer we have no criteria, that we do this ad zens’ Stamp Advisory Committee, c/o Stamp research, semipostal, it would not be hoc, helter-skelter. Development, U.S. Postal Service, 475 better for us to authorize the advisory We have already authorized one L’Enfant Plaza, SW, Room 4474E, Wash- committee of the Postal Service to be stamp, which I will get to in a moment, ington, D.C. 20260–2437. Subjects should be performing this important function. that relates to grade crossing safety. submitted at least three years in advance of The problem is that since the breast This is on the calendar, approved by the proposed date of issue to allow sufficient cancer research stamp has been author- time for consideration and for design and the Governmental Affairs Committee, production, if the subject is approved. ized, we have had dozens of requests for not yet approved by the Senate. This is The Postal Service has no formal proce- a semipostal stamp. This is a list of going to unleash a politicization proc- dures for submitting stamp proposals. This some of the bills that have been intro- ess of the issuance of stamps which I do allows everyone the same opportunity to duced. These are just the bills that not believe will benefit this Nation. suggest a new postage stamp. All proposals have been introduced for semipostal: I think it will be incredibly difficult are reviewed by the Citizens’ Stamp Advi- AIDS research and education; diabetes for the Postal Service, which does not sory Committee regardless of how they are research; Alzheimer’s disease research; want us to require the issuance of submitted, i.e., postal cards, letters or peti- tions. prostate cancer research; emergency semipostals. They are still sorting Afer a proposal is determined not to vio- food relief in the United States; organ through the breast cancer research late the criteria set by CSAC, research is and tissue donation awareness; World stamp costs. We should reauthorize the done on the proposed stamp subject. Each War II memorial; the American Battle breast cancer research stamp because new proposed subject is listed on the CSAC’s Monuments Commission; domestic vio- we have already authorized the stamp agenda for its next meeting. The CSAC con- lence programs; vanishing wildlife pro- and it has been printed, and unless we siders all new proposals and takes one of sev- tection programs; highway-rail grade reauthorize it, then this program will eral actions: it may reject the new proposal, it may set it aside for consideration for fu- crossing safety; domestic violence pro- run out. This is a very different issue ture issue or it may request additional infor- grams—a second bill; another bill on from voting for an additional issue, and mation and consider the subject at its next organ and tissue donation awareness; the next, and the next. meeting. If set aside for consideration, the childhood literacy. I will spend a couple of minutes this subject remains ‘‘under consideration’’ in a There are not too many of us, I be- afternoon talking about what happened file maintained for the Committee. lieve, who are about to vote against a with another semipostal stamp which What is important about all that is stamp that could raise—could raise, I was proposed in a bill and was approved that there are very clear procedures emphasize—some funds because the by the committee. I did not vote for it

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7606 CONGRESSIONAL RECORD — SENATE July 26, 2000 in the Governmental Affairs Com- wards the States funds for grade crossing up- quires the Postal Service to establish mittee, not because I oppose its cause, grades in that State. A matching dollar regulations, before issuing any stamp, but, again, for what this is going to un- scheme comes to mind from the State. relating to, first, which office within leash upon us in terms of politics— He concludes: the Postal Service shall be responsible issuance of stamps and using the I am currently 23 years old. When I was in for making decisions with respect to issuance of stamps to raise money for high school, I received the same driver safety semipostals; two, what criteria and causes which will then be vying against training regarding grade crossings safety as procedures shall be applied in making my best friend Eric did. Eric is now gone. each other. I do not think that is in The funds from this proposed stamp would those decisions; and, three, what limi- anybody’s interest. not have helped him. Now if this stamp tations shall apply, such as whether The one example on which I want to would have been around prior to 1996 and more than one semipostal will be of- focus for a few moments is a proposal funds were allocated to the State of Illinois fered at any one time. which has already been approved by for hardware and a set of automatic lights The McHugh bill also requires the the Governmental Affairs Committee, and gates were installed at this crossing in Postal Service to establish how the and that is what is called the Look, question I wouldn’t be writing you this let- ter today. I hope you understand the dif- costs incurred by the Postal Service as Listen, and Live Stamp Act. That bill ference. a result of any semipostal are to be requires the Postal Service to issue a Mr. President, at the time that this computed, recovered, and kept to a semipostal stamp for an organization stamp was approved in the Govern- minimum. One thing we learned from called Operation Lifesaver. mental Affairs Committee, I submitted the breast cancer semipostal is that Operation Lifesaver is a nonprofit or- minority views on this issue. In part, the Postal Service did not establish an ganization which is dedicated to high- this is what I wrote just about a year accurate accounting system for track- way and rail safety through education. ago this month: ing the cost of semipostals. Operation Lifesaver seems to be a fine For over 40 years, the U.S. Postal Service According to a recently released GAO organization, but it is not the only or- has relied on the Citizens’ Stamp Advisory report, ‘‘Breast Cancer Research ganization which is committed to pre- Committee to review and select stamp sub- Stamp, Millions Raised for Research, venting railroad casualties. As a mat- jects that are interesting and educational. But Better Cost Recovery Criteria ter of fact, railway safety advocates The committee chooses the subjects of U.S. Needed’’—that is the title of the re- are split on the issue of grade crossing stamps using as its criteria, 12 major guide- port—the Postal Service did not track lines, established about the time of the Post- safety and the best method to prevent all monetary or other resources used in rail-related injuries. Operation Life- al Reorganization Act. [They] have guided the committee in its decisionmaking func- developing and selling the breast can- saver, for example, emphasizes safety tion for decades. cer research stamp. They kept track of through education, while other railway The tenth criteria guiding [their] selection some costs but were not able to deter- safety advocates promote safety by makes reference to semi-postal stamps, the mine the full costs of developing and funding automatic lights and gates at type of stamp that the Postal Service would selling the stamp. Postal officials obvi- railway crossings. be required to issue if the Look, Listen, and ously should keep track of both reve- Live Stamp Act were enacted. With respect After the Governmental Affairs Com- nues and their full costs so that the ap- mittee reported this stamp proposal, to semi-postals, the guidelines state, ‘‘Stamps or postal stationery items with propriate net can be determined for de- railroad safety organizations contacted added values, referred to as ‘semi-postals,’ livery to that particular cause. my office to represent their disagree- shall not be issued. Due to the vast majority The McHugh bill is before this body. ment with the ‘‘look, listen, and live of worthy fund-raising organizations in ex- The McHugh bill, in addition to au- stamp’’ primarily because of the em- istence, it would be difficult to single out thorizing the issuance of semipostals phasis that one organization, Oper- specific ones to receive such revenue. There is also a strong U.S. tradition of private by the stamp advisory committee, also ation Lifesaver, puts on education and reauthorizes the breast cancer research education only. fund-raising for charities, and the adminis- trative costs involved in accounting for sales stamp. It does both things. I hope this The president of a group called the would tend to negate the revenues derived.’’ body will take up this bill and adopt Coalition for Safer Crossings wrote me This position was also reflected in a . . . let- this kind of procedure in order to at- the following letter: ter from Postmaster General William Hen- tempt to take this issue out of politics Dear Senator LEVIN: I personally find Oper- derson. and not put us in a position where we ation Lifesaver spin on education appalling. He has also cautioned and urged our have to vote between a stamp raising Three and a half years ago, I lost a very dear committee not to mandate the money for AIDS research or diabetes and close friend of mine at an unprotected issuance of specific semipostals. crossing in southwestern Illinois. Eric was research or Alzheimer’s research or So I do not believe that we can and prostate cancer research, organ and nineteen. I fought to close the crossing should be in the business of deciding to where Eric was killed and since helped many tissue donation research, the World families after the loss of a loved one through promote one worthy charity over an- War II Memorial, domestic violence, my organization, the Coalition for Safer other, one specific organization over and on and on. another. This stamp, the one that is Crossings. And now today, we are moving I doubt very much that we would forward with other smaller organizations to now on the calendar—not the one in want to vote no to any of those. Yet we form a national organization to combat cer- this bill; the one on the calendar—for tain types of education being put out by safety at railway crossings is, it seems cannot possibly have all of them at other groups and to help victims’ families to me, an example of a stamp that may once. The Postal Service cannot pos- and help change the trend of escalating colli- not be workable, and yet the full Gov- sibly handle the accounting, the deliv- sions. The National Railroad Safety Coali- ernmental Affairs Committee has re- ery, the sale of all those stamps. They tion is comprised of families and friends of ported this bill out. have urged us very strongly not to be victims of railroad car collisions, unlike Op- authorizing and mandating the eration Lifesaver. Then what are we to do? We are going to be presented with a number of issuance of those stamps. Again, Operation Lifesaver is the proposals relative to semipostals. So I hope that when the bill comes group that is going to receive the net Many of our colleagues have intro- before us, which I hope will be any dollars that will be raised by the duced bills. The bill before us has such time, we will reauthorize the breast issuance of this ‘‘look, listen, and live a provision. I believe the answer comes cancer research stamp. Again, even stamp.’’ from Representative MCHUGH and Rep- though I voted against it, for the rea- Then the head of this competing resentative FATTAH, who are the chair- sons I have given here this afternoon, group says: man and the ranking member of the nonetheless I think, given the fact that I personally and professionally oppose this House Government Reform Sub- the stamps have been printed and that measure. If the United States Congress is committee on the Postal Service. They effort is already underway, and the truly concerned about this issue of railroad huge number of people who have al- crossing safety and is dead set on making put their views in a bill, H.R. 4437, stamps, then you should make a railroad which passed the House of Representa- ready been involved in promoting the safety stamp not a Operation Lifesaver tives on July 17. sale, and the women and men from stamp. And rather than have the money go It gives the Postal Service the au- around this country who have gone out to their type of education, have it go to- thority to issue semipostals. It re- of their way to use that stamp are in

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7607 place—they have been operating; they cial Security/Medicare budget surplus at the PENDING TAX CUTS IN THE 106TH CONGRESS—Continued have been very successful, very produc- end of ten years. Even by the more opti- [10-year cost, in billions of dollars] tive with millions of dollars that will mistic projections the entire surplus would Subtraction for Provisions in Multiple Bills (Estimate) ...... 99 be raised, the pluses of continuing to be drained. The most recent CBO projections issued earlier this week estimate a ten-year Interest Cost of Tax Cuts (Estimate) ...... 187 reauthorize that stamp, once it has non-Social Security/Medicare surplus of $1.8 Total, Pending Tax Legislation ...... 934 been issued, and once that effort is un- trillion. OMB’s recent projections estimate a derway, outweigh the negatives, which ten-year non-Social Security/Medicare sur- Plus New Markets/Renewal Communities ...... 20 I have outlined this afternoon. plus of $1.5 trillion. In either case, because At the same time, I hope that the the costs of the tax cuts match or exceed the Mr. LEVIN. Mr. President, there are rest of the McHugh bill will be adopted projected budget surplus, there would be no problems with each of the major tax by us so that we can put into place cri- funds available for any of the nation’s other bills. I may spend a moment on each of teria which will make it a lot easier for pressing needs, including our proposals to es- those problems. On the estate tax bill, us to have a sensible system for the tablish a new voluntary Medicare prescrip- it has problems. There is an alternative issuance of semipostals. tion drug benefit, pay an additional $150 bil- lion in debt reduction to pay down the debt which is a better alternative, which Mr. President, on a matter that re- by 2012, expand health coverage to more fam- would help more people. For those rel- lates directly to this bill, because it is ilies, provide targeted tax cuts that help atively few people who do pay an estate a Treasury bill, I want to just spend a America’s working families with the cost of tax, the alternative Democratic plan few minutes talking about the issue of college education, long-term care, child care would provide immediate relief—100 the budget surplus, and the response of and other needs, or extend the life of Social percent relief to people who have less the Congress to that budget surplus. I Security and Medicare. than $8 million per couple for family want to use, as my text, and then Those are the options we are going to farms and small businesses; total and intersperse some comments into it, a be faced with in the next few months, immediate relief for those people in the memorandum that the Director of the whether or not we want to take this alternative plan. Office of Management and Budget, projected surplus of either $1.5 trillion Jacob Lew, wrote on the effect of con- The bill which has been adopted has or $1.8 trillion—we are only talking gressional legislative action on the a major problem in that it favors upper budget surplus. This is what the OMB about the non-Social Security, non- income individuals, the wealthiest Director wrote: Medicare surplus—whether we want to among us, and most of its benefits go take that surplus, which the CBO esti- to those people rather than the people This memo is in response to your request that OMB assess the effect of legislative ac- mates is $1.8 trillion and the OMB esti- who need this the most, which are indi- tion on the budget surplus. Over the past six mates is $1.5 trillion, and use that al- viduals and married couples who have months, Congress has passed nine major tax most exclusively or exclusively for the estates that might be, in the case of a cuts resulting in a cost of $712 billion over tax cuts which have been proposed, or family farm or small business, $8 mil- ten years. Draining this sum from the United whether we want to use a significant lion or less. But there is a bigger prob- States Treasury reduces the amount of debt part of that surplus to pay down the lem, whether we are talking about re- reduction we can accomplish, thereby in- national debt faster, to establish a new peal of the estate tax or the marriage creasing debt service costs by $201 billion voluntary prescription drug benefit, to penalty tax. And there—regarding the over ten years. Therefore, the Congressional tax cuts passed to date will draw a total of expand health coverage, to expand op- marriage penalty, we have an alter- $913 billion from the projected surplus. portunity for college education, and to native as well which would benefit a In addition, the Congressional majority extend the life of Social Security and larger number of low and moderate in- has stated clearly that its tax cuts to date Medicare. come people with a greater benefit in- represent only a ‘‘down payment’’ in a long stead of a group of people who are at series of tax cuts it intends to realize. While I want to put in the RECORD in a mo- ment the list of the pending tax cuts in the upper end of the income level. The there has been little specificity about the major problem I have with these tax size and nature of the entire program, the the 106th Congress which Jack Lew full range of action taken by the 106th Con- makes reference to, the $934 billion, ap- bills is that when you put them all to- gress, both last year and this, provides an in- proximately, in the 10-year cost. These gether, what it means is that we would dication of the total impact of the Congres- are bills which have been passed by one not be able to apply this surplus to re- sional tax cut proposals on the surplus. body or another or one committee or duction of the national debt. In the first session of the 106th Congress, I am out there, as all of us are, in our the majority passed one large measure, another in one body: Marriage Penalty Conference Committee, $293 billion; So- home States. I talk to people and ask which included a variety of tax cuts totaling people in all the meetings I have: What $792 billion. Excluding certain individual tax cial Security tier 2 repeal, $117 billion; cuts which passed this year as well as last estate tax in the House $105 billion; the do you primarily want us to spend the year (such as elimination of the estate tax Patients’ Bill of Rights in the House, surplus on? Do you want tax cuts—put- and the marriage penalty), the cost of tax $69 billion; the communications excise ting aside for the moment whether cuts passed last year amounts to $737 billion, tax, $55 billion; the Taxpayers Bill of they benefit upper income folks or ben- and the additional debt service amounts to Rights, $7 billion; then the subtraction efit working families, put aside that $148 billion for a total of $885 billion. for provisions in multiple bills and so issue for the moment; that is a major Jacob Lew goes on as follows: forth. Then you have to add the inter- issue—do you basically want us to take The bill-by-bill approach to tax cuts in the est costs of these tax cuts. That comes this $1.8 trillion and pay down the na- absence of an overall framework masks the out to be about $900 billion. tional debt? Or do you want that to go full impact and risks of the cumulative cost. in tax cuts? I will repeat that because that is the I ask unanimous consent to print Overwhelmingly, repeatedly, I hear heart of the matter. this list in the RECORD. back from people, they want us to pay The bill-by-bill approach to tax cuts in the There being no objection, the list was down the national debt. Whether we absence of an overall framework masks the ordered to be printed in the RECORD, as are talking about younger people, mid- full impact and the risks of the cumulative follows: dle-age people, older people, they all cost. In the absence of more specific indica- come to the same conclusion: No. 1, we tions about the content and number of fu- PENDING TAX CUTS IN THE 106TH CONGRESS can’t be sure the surplus will be that ture tax cuts the congressional majority has [10-year cost, in billions of dollars] stated it plans to produce, we have used the large so don’t spend it all on anything, total costs associated with tax cuts from the Tax Legislation (Body Passed): be it tax cuts or other programs. Spend 106th Congress as an illustration of Repub- Marriage Penalty (Conf. Cmte.) ...... 293 most of it on protecting the future lican plans. If their plans remain consistent Minimum Wage (House) ...... 123 economy of the United States. Spend with the past activity, the full cost of this Social Security Tier II Repeal (W&M Cmte.) ...... 117 Estate Tax (House) ...... 105 most of it on that $6 trillion debt that program would be: Patient’s Bill of Rights (House) ...... 69 has been rung up—to reduce the —tax cuts of $1.44 trillion Communications Excise Tax (Finance Cmte.) ...... 55 amount of that debt, to try to assure —additional debt service of $349 billion Pension Expansions (House) ...... 52 that the economy, which we now have —for a total of $1.796 trillion. Education Savings (Senate) ...... 21 The effect of such tax cuts would be to Taxpayer Bill of Rights 2000 (House) ...... 7 humming, will stay humming; that an completely eliminate the projected non-So- Trade Act (Enacted) ...... 4 economy which we finally have at a

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7608 CONGRESSIONAL RECORD — SENATE July 26, 2000 point where we don’t add to the na- amount, still without a penny for GORE. According to the Citizens For tional debt with annual deficits each Medicare, is the better way to go, 63 Tax Justice, the distribution of bene- year, that is healthy in terms of inter- percent say no, 32 percent say yes. fits of the Bush plan basically provides est rates and job creation and in low So the public senses that with the that 10 percent of the taxpayers get 60 inflation, that that economy will be surplus we have, the proportion we percent—the upper 10 percent, the top there for us next year, next decade, project, the best thing we can do to 10 percent of taxpayers, get 60 percent next generation. protect our economy and the best thing of the benefits; the bottom 60 percent I believe that is what the American we can do with that projected surplus of the taxpayers get 12 percent of the people overwhelmingly want us to do. is in fact to pay down the debt, protect benefits. That is the tax plan that has We can argue, and we should, and we Medicare, and to target our efforts on been proposed by Governor Bush. can debate, and we should, which es- some of the needs we have as a coun- It would reduce revenues by $460 bil- tate tax proposal is a better estate tax try, rather than to provide for the kind lion over the first 5 fiscal years, and by proposal. That is a legitimate debate. of tax cuts that we have seen the Re- $1.3 trillion over 9 fiscal years, plus an We obviously have an alternative to publicans enact. additional $265 billion in associated in- the one that was adopted which is tar- What I have said about the estate tax terest costs. That is an extraordinarily geted to the people who need it the is also true relative to the marriage expensive plan. We haven’t seen that most, people who have farms and small penalty bill. We have two alter- yet in legislative form, and I am not businesses and estates worth up to $8 natives—the one that passed, but we sure we will. Nonetheless, the Amer- million, people who are still paying an also have an alternative that did not ican people are again going to be pre- estate tax even though it might mean pass, which provides targeted, com- sented with very different approaches in some cases that they could lose that prehensive relief and is fiscally more as to how we should use the surplus. family farm. Our alternative provides responsible because it leaves more for Some people say, ‘‘Senator, that is total relief to those families and imme- debt reduction and, therefore, overall our money you are talking about; what diate relief to those families, unlike is a better value for the American tax- is wrong with the tax cut?’’ My answer the one that was passed by the Repub- payer. The alternative completely is that it is our money, your money. It lican majority which gives most of its eliminates the penalty in all of its is also our economy. It is also our So- cuts to the people who need it the forms, not just in a few, as the mar- cial Security program. It is also our least, people who are in the higher riage tax penalty legislation we passed Medicare program. It is also our edu- brackets, higher asset levels, and does. The Democratic alternative cation program. It is our health care phases it in and then only does it par- eliminates it for couples earning up to program. tially. $100,000, which is 80 percent of all mar- So the argument that this money be- We should, and we do, debate those ried couples, and it costs $29 billion per longs to the people of the United issues: Which alternative plans on the year when fully phased in. States is clearly true. I think it is un- estate tax or on the marriage penalty The plan that was adopted, the Re- deniable. I can’t imagine anybody sug- tax provide the fairest kind of tax re- publican plan, confers 40 percent of its gesting that anything in the Treasury lief to the people who need it the most. benefits on taxpayers who currently is anything but the property of the But the underlying issue, which is one suffer a penalty. In other words, only 40 people of the United States. But the I hope we will keep in mind, is whether percent of the benefits of the Repub- other half of that, which is too often or not we want to commit this pro- lican plan go to taxpayers who cur- left out, is that the economy, which is jected surplus of almost $2 trillion in 10 rently actually suffer a penalty. The now healthy, belongs to the people of years to any of these proposals to the rest of the people who get a benefit in the United States. They have made it extent that we have. Be it tax cuts or the Republican plan either don’t suffer possible, through their work, for us to be it efforts to improve education or a penalty—indeed they received a have a strong economy. Keeping that health care or what have you, it is my bonus when they got married—or are economy healthy is also the job of this hope and belief that the greatest con- left untouched one way or another. Congress, as well as the job of the peo- tribution we can make to our children And the Republican plan addresses ple of the United States. The Social Security system, which and to their children is to protect this only 3 of the 65 instances of the penalty has made such a difference for so many economy, to try to keep an economy, in the Tax Code, whereas the Demo- that the poverty rate among seniors is which is now doing so well, healthy in cratic alternative plan addresses every now 5 percent, compared to the poverty future years, as it has been in the past place in the Tax Code where the mar- rate among children, which is 20 per- few years. That means we need to pro- riage penalty exists. And the Repub- cent, mainly because of the existence tect that surplus, not spend it; not use lican plan costs $40 billion when fully of Social Security—that program be- it for tax cuts on the assumption that phased in as compared to $29 billion per longs to the people of the United there is going to be $1.8 trillion or $1.5 year for the alternative Democratic States. Protecting that program is also trillion over the next 10 years, because plan. our responsibility. So to say that, yes, there is too much uncertainty in that, So, again, it seems to me it is a pret- the surplus belongs to the people is because our people sense—and cor- ty clear choice that we have: Do we true. But the Medicare program, Social rectly—that we do not know for cer- want a plan that is targeted to people Security program, health care pro- tain that that budget surplus will in who earn under $100,000, that confers gram, education program also belong fact be there. benefits on people who are truly penal- There has been recent public opinion to the people of the United States. ized when they are married, in terms of I yield the floor. polling which seems to me illu- the taxes they pay, and a plan that The PRESIDING OFFICER. The Sen- minating on this subject. When people does so at a cost significantly less than ator from Wisconsin. are asked whether or not they want to in the Republican plan that was adopt- Mr. FEINGOLD. Mr. President, I protect Social Security and Medicare ed? Or do we want to adopt the more come to the floor today to discuss mov- and pay down the debt, or whether or costly plan, most of the benefits of ing to the Treasury-Postal appropria- not they think passing a tax cut is the which go to people who are in the tions bill. better way to go, 75 percent believe upper income brackets, and then do not I agree with the Majority Leader and protecting Social Security and paying address totally the problem that exists others who have come to the floor this down the debt is the most important for those people who do suffer a tax year to insist that we do the people’s priority we have right now. Only 23 penalty upon marriage? business, and that the people’s business percent favor passing tax cuts as an al- The same thing is true with the over- means completing all of the appropria- ternative. When asked the question of all tax cut that has been proposed. We tions bills. whether or not the trillion-dollar tax have basically two alternatives that There are several very important cut package that was passed last year, have been set forth to the American amendments that will be proposed to without a penny for Medicare, and people, not yet put in the legislative this legislation, and we must give them whether or not the tax cuts that are form, but which have been proposed by the time and consideration they de- being added this year to the same Governor Bush and Vice President serve. I may well vote against the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7609 Treasury-Postal appropriations bill in Because the high-tech industry wants Weekend retreats and other ‘‘special the end, but I recognize the importance this bill to get done. events’’ where wealthy individuals of taking it up, considering it, and get- In the case of H–1B, I’m not address- have the chance to talk about what ting it done. ing the merits of the legislation— I am they want done—whether that might We have got to take care of the un- not necessarily opposed to raising the be a repeal of the estate tax, or that finished business. level of H–1B visas. Instead I want to their company wants to see the H–1B We have more appropriations bills to point out what is on our agenda and bill passed this year. consider, and we have other business as why? Why is it that we have this set of Needless to say, that is the kind of well, as my colleagues are well aware. legislation as part of our agenda? access most Americans can’t even I find it interesting to look at some The high tech industry wants to get dream of. of the other measures we have consid- this bill passed, and they have the po- And I have to wonder why we aren’t ered, and still might consider, this litical contributions to back it up. doing anything about that. year. American Business for Legal Immi- I am all for the doing people’s busi- I am talking about priorities—what gration, a coalition which formed to ness, and right now the people’s busi- we get done on this floor, and what fight for an increase in H–1B visas, of- ness should be the Treasury-Postal Ap- gets ignored. fers a glimpse of the financial might propriations bill, and that’s why I sup- As I said, it is essential that we pass behind proponents of H–1Bs. ABLI is port the motion to proceed, even these appropriations bills—they are the chock full of big political donors, and though I may well vote against the un- core of the people’s business, because not just from one industry, but from derlying bill in the end. they keep the government up and run- several different industries that have But I don’t think that an issue like ning. an interest in bringing more high-tech the repeal of the estate tax is the peo- But beyond bills like Treasury-Post- workers into the U.S. ple’s business—not 98 out of every hun- al, what are we choosing to do? Price Waterhouse Coopers, pharma- dred people, anyway. Recently, we chose to consider a re- ceutical company Eli Lilly, tele- We need to get at the heart of what peal of the estate tax. As I said during communications giant and former is wrong here. that debate, the estate tax affects only Baby Bell BellSouth, and software Our priorities are warped by the the wealthiest property-holders. In company Oracle, to name just a few. undue influence of money in this cham- 1997, only 42,901 estates paid the tax. All have given hundreds of thousands ber. That’s the wealthiest 1.9 percent. Peo- of dollars in this election cycle alone, We have got to change our priorities, ple are already exempt from the tax in and they want us to pass H–1B. and do it now, by putting campaign fi- 98 out of 100 cases. Let me repeat that: We all know this. nance reform back on the agenda. Already, under current law, 98 out of This is standard procedure these days Because the best way to loosen the 100 do not pay any estate tax. for wealthy interests —you have got to grip of wealthy interests is to close the The Republican estate tax repeal pay to play on the field of politics. loophole that swallowed the law: soft would give the wealthiest 2,400 es- You’ve got to pony up for quarter-mil- money. tates—the ones that pay now half the lion dollar soft money contributions Soft money has exploded over the estate tax—an average tax cut of $3.4 and half-million dollar issue ad cam- past few years. million each. And remember, 98 out of paigns, and anyone who can’t afford Soft money is the culprit that 100 people would get zero, nothing, the price of admission is going to be brought us the scandals of 1996—the from this estate tax cut. left out in the cold. selling of access and influence in the Now, this doesn’t sound like some- White House and to the Congress. The thing most Americans are clamoring I Call the Bankroll to point out what goes on behind the scenes on various auction of the Lincoln Bedroom, of Air for. Force One. The White House coffees. It is of no use to most Americans, in bills—the millions in PAC and soft All of this came from soft money be- fact. But it is of use to a very small— money that wealthy donors give, and cause without soft money, the parties but wealthy—group of people. what they expect to get in return. Those who are wealthy enough to be And yet we don’t do anything about would not have to come up with ever subject to estate taxes have great po- it. more enticing offers to get the big con- litical power. We took a small but important step tributors to open their checkbooks. They can make unlimited political toward better disclosure of the activity Soft money also brings us, time and contributions, and they are represented of wealthy donors earlier this summer time again, questions about the integ- in Washington by influential lobbyists when we passed the 527 disclosure bill. rity and the impartiality of the legisla- that have pushed hard to get the estate But there is a great deal more to do. tive process. Everything we do is under tax bill to the floor. We are going to keep pushing until scrutiny and subject to question be- The estate tax is one of those issues we address the other gaping loopholes cause major industries and labor orga- where political money seems to have in the campaign finance law. nizations are giving our political par- an impact on the legislative outcome. Right now, wealthy interests have ties such large amounts of money. That’s why I recently Called the Bank- the power to help set the political Whether it is telecommunications leg- roll on some of the interests behind agenda. islation, the bankruptcy bill, defense that bill, to give my colleagues and the Wealthy interests spend unlimited spending, or health care, someone out public a sense of the huge amount of amounts of money to push for bills there is telling the public, often with money at stake—not taxes, but polit- which serve the interests of the justification in my view, that the Con- ical contributions. wealthy few at the expense of most gress cannot be trusted to do what is We considered that bill not because it Americans. best for the public interest because the affected the vast majority of Ameri- We have got to question why consider major affected industries are giving us cans, but because it directly affected some bills on this floor while we ignore money. the pocketbooks of a wealthy few. so many crucial issues the American For more than a year now, I have A similar point can be made about people care about—like increasing the highlighted the influence of money on another piece of legislation, the H–1B minimum wage and supporting work- the legislative process through the bill. ing families. Calling of the Bankroll. And the really We haven’t considered it yet, but we But instead we are left with an agen- big money, that many believe has a may well yet, and so far a terrific ef- da that looks like wealthy America’s really big influence here, is soft fort has been made by both sides to see ‘‘to do’’ list. money. We have to clean our campaign it taken up. How does it happen, Mr. President?— finance house and the best place to Why? Why, when we have more ap- It’s all about access, and access is all start is by getting rid of soft money. propriations bills to consider, when we about money. Let’s play by the rules again in this have the real people’s business to do, Both parties openly promise, and country. With soft money there are no are we pushing so hard to take up H– even advertise, that big donors get big rules, no limits. But we can restore 1B? access to party leaders. some sanity to our campaign finance

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7610 CONGRESSIONAL RECORD — SENATE July 26, 2000 system. When I came to the Senate, I election cycle. The reason was the in- world’s oldest democracy. The lie will result will confess, I didn’t even really know satiable desire of the parties for money in some $100 million or more in huge cor- what soft money was. After a tough to run phony issue ads, and that desire rupting contributions being illegally used by race against a very well financed oppo- has only increased since 1996. Both po- Gore and Bush in the 2000 presidential elec- tion. (Many millions more will be illegally nent who spent twice as much as I did, litical parties are raising unprece- used in the 2000 congressional races.) I was mostly concerned with the dif- dented amounts of soft money for ad The lie makes a mockery of the common- ficulties that people who are not campaigns that are already underway sense intelligence of voters and the honesty wealthy have in running for office. My this year. Soft money is financing our of the presidential race. And, to date, no one interest in campaign finance reform presidential campaigns, and this Con- in authority is prepared to do anything derived from that experience. Soft gress stands by doing nothing about it. about it. money has exploded since I arrived How did it happen that this lie came to Fred Wertheimer, a long time advo- rest at the core of our national elections? here, with far reaching consequences cate of campaign finance reform said it Well, in good part we have Presidential Clin- for our elections and the functioning of well in an op-ed in the Washington ton to thank. It was Clinton who, more than the Congress. Now I truly believe that Post on Monday: He wrote, anyone else, developed and ‘‘perfected’’ the if we can do nothing else on campaign Vice President Al Gore and Gov. George W. lie, and the legal fiction on which it is based. finance reform, we must stop this can- Bush and their presidential campaigns are Soft money had been a problem prior to cerous growth of soft money before it living a lie. The lie is this: that the TV ads 1995, but no presidential candidate had ever consumes us. now being run in presidential battleground tried to use soft money to finance a TV ad I will take a few minutes to describe states across America are political party campaign promoting his candidacy. That’s to my colleagues the growth of soft ‘‘issue ads.’’ In fact, everyone—and I mean not because politicians weren’t clever everyone—knows that these ads are presi- enough to think of this, but because every- money in recent years. It is a fright- one understood it was illegal. ening story. Soft money first arrived dential campaign ads being run for the un- equivocal purpose of directly influencing the Then President Clinton and his staff in- on the scene of our national elections presidential election. vented a scam for the 1996 election: They in the 1980 elections, after a 1978 FEC would use the Democratic Party as a front ruling opened the door for parties to Wertheimer goes on to say: for running a ‘‘second’’ presidential cam- accept contributions from corporations The ‘‘issue ad’’ campaigns now underway paign. This $50 million second campaign and unions, who are barred from con- blatantly promote and feature Gore and would use soft money—funds that the law Bush, are designed and controlled by the does not allow in a presidential campaign— tributing to federal elections. The best Gore and Bush presidential campaigns and to finance Clinton campaign ads that would available estimate is that the parties are targeted to run in key battleground be labeled Democratic Party ‘‘issue ads.’’ raised under $20 million in soft money states. The political parties are merely con- It didn’t take long for the Republican pres- in that cycle. By the 1992 election, the duits for the scheme and cover for the lie. idential candidate, Bob Dole, to follow suit. year I was elected to this body, soft He continues: Today, four years later, the ‘‘issue ads’’ lie is money fundraising by the two major standard political practice in presidential What’s the significance of all of this? Well, and congressional races. parties had risen to $86 million. for starters we are living this lie in the elec- The lie is built on the legal fiction that Eighty-six million dollars is clearly a tion for the most important office in the under Supreme Court rulings, political party lot of money; it was nearly as much as world’s oldest democracy. The lie will result ads are not covered by federal campaign fi- the $110 million that the two presi- in some $100 million or more in huge cor- nance laws unless they contain such magic dential candidates were given in 1992 in rupting contributions being illegally used by words as ‘‘vote for’’ or ‘‘vote against’’ a spe- public financing from the U.S. Treas- Gore and Bush in the 2000 presidential elec- cific federal candidate. That’s supposed to be ury. And there was real concern about tion. (Many millions more will be illegally true even if the party ads promote a specific used in the 2000 congressional races.) how that money was spent. Despite the federal candidate and even if the ads are co- Mr. President, I ask unanimous con- ordinated with or controlled by the can- FEC’s decision that soft money could didate. be used for activities such as get out sent that the full text of Mr. Wertheimer’s article, ‘‘Gore, Bush, and But the reality is that neither the Su- the vote and voter registration cam- preme Court nor any other federal court has paigns without violating the federal the Big Lie’’ be printed in the RECORD. ever said anything of the kind regarding po- election law’s prohibition on corporate There being no objection, the mate- litical party ads. When the Supreme Court and union contributions in connection rial was ordered to be printed in the established the ‘‘magic words’’ test in Buck- with federal elections, the parties sent RECORD, as follows: ley v. Valeo, it made explicit that it was for much of their soft money to be spent in [From the Washington Post, July 24, 2000] outside groups and non-candidates only and did not apply to communications by can- GORE, BUSH, AND THE BIG LIE states where the Presidential election didates or political parties. And in any case, between George Bush and Bill Clinton (By Fred Wertheimer) the ‘‘magic words’’ test is not applicable was close, or where there were key con- Vice President Al Gore and Gov. George W. when an ad campaign is conducted in coordi- tested Senate races. Bush and their presidential campaigns are nation with a federal candidate, as a Wash- Still, even then, even with that tre- living a lie. The lie is this: that the TV ads ington federal district court confirmed last mendous increase in the use of soft now being run in presidential battleground year. money, soft money was far from the states across America are political party The Justice Department, in its failure to central issue in our debate over cam- ‘‘issue ads.’’ In fact, everyone—and I mean pursue the 1996 Clinton soft-money ads, everyone—knows that these ads are presi- never found the ads to be legal. Instead, At- paign finance reform in 1993 and 1994. dential campaign ads being run for the un- torney General Reno closed the case based In 1995, when Senator MCCAIN and I equivocal purpose of directly influencing the on the Clinton campaign’s reliance on its first introduced the McCain-Feingold presidential election. lawyers’ advice, which she said was ‘‘suffi- bill, our bill included a ban on soft The presidential campaigns and political cient to negate any criminal intent on their money, but it was not particularly con- parties know it, the media know it and so do part.’’ troversial and no one paid that much the viewers of the ads, which are indistin- The general counsel of the Federal Elec- attention to it at that time. guishable from other presidential campaign tion Commission did find that the 1996 soft- Then came the 1996 election, and the ads being run. money ads were illegal. The commission, however, by a 3 to 3 tie vote, refused to pro- enormous explosion of soft money, As such, the ‘‘issue ads’’ are illegal, be- cause, among other things, they are being fi- ceed with an enforcement action. Thus we fueled by the parties’ decision to use nanced with tens of millions of dollars of are left today with enforcement authorities the money on phony issue ads sup- soft-money contributions that the law says that refuse to act against these soft money porting their presidential candidates. cannot be used to influence a federal elec- ads and, at the same time, refuse to say they Remember those ads that everyone tion. The ‘‘issue ad’’ campaigns now under- are legal. And the lie goes on. thought were Clinton and Dole ads but way blatantly promote and feature Gore and Mr. FEINGOLD. Mr. President, the were actually run by the parties? That Bush, are designed and controlled by the big lie led to the transformation of our was the public debut of soft money on Gore and Bush presidential campaigns are two great political parties into soft the national scene. The total soft targeted to run in key battleground states. money machines. And what was the ef- The political parties are merely conduits for money fundraising skyrocketed as a re- the scheme and cover for the lie. fect of this explosion of soft money, sult. Three times as much soft money What’s the significance of all of this? Well, other than the millions of dollars was raised in 1996 as in 1992. Let me say for starters we are living this lie in the elec- available for ads supporting presi- that again—soft money tripled in one tion for the most important office in the dential candidates who had agreed to

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7611 run their campaigns on equal and lim- for Congress today, but everyone committee headquarters to ask cor- ited grants from the federal taxpayers? knows that they are. porate CEOs for soft money contribu- Soft money is raised primarily from Most of all I wish that these facts tions. But no one here can deny that corporate interests who have a legisla- didn’t paint a picture of Government so our parties are asking us to do this. It tive axe to grind. And so the explosion corrupt and so awash in the influence is now part of the parties’ expectations of soft money brought an explosion of of money that the American people, es- that a United States Senator will be a influence and access in this Congress pecially young people, have turned big solicitor of soft money. and in the Administration. away from their government in dis- Consider the soft money raised in re- Here are some of the companies in gust, but every one of us knows that cent off-year elections. In 1994, the par- this exclusive group. We know they they have. ties raised a total of $101.7 million. have a big interest in what the Con- It is our unwillingness to discuss it Only about $18.5 million of that gress does—Philip Morris, Joseph Sea- or even acknowledge the influence of amount was raised by the congres- gram & Sons, RJR Nabisco, Walt Dis- this money in this body that makes it sional and senatorial campaign com- ney, Atlantic Richfield, AT&T, Federal even worse. mittees. In 1998, the most recent elec- Express, MCI, the Association of Trial It goes on and on, and it just gets tion, soft money fundraising more than Lawyers, the NEA, Lazard Freres & worse. doubled to $224.4 million. And $107 mil- Co., Anheuser Busch, Eli Lilly, Time Last year was another record-breaker lion of that total was raised by the Warner, Chevron Corp., Archer Daniel’s in the annals of soft money fund- congressional and senatorial campaign Midland, NYNEX, Textron Inc., North- raising—the national political party committees. That’s nearly half of the west Airlines. It’s a who’s who of cor- committees raised a record $107.2 mil- total soft money raised by the parties. porate America, Mr. President. They lion during the 1999 calendar year—81 Half the soft money that the parties are investors in the United States Con- percent more than they raised during raised in the last election went to the gress and no one can convince the the last comparable presidential elec- campaign committees for members of American people that these companies tion period in 1995, according to Com- Congress, as opposed to the national get no return on their investment. mon Cause. party committees. And I and many of They have a say, much too big a say, An 81 percent increase is astounding, my colleagues know from painful expe- in what we do. It’s that simple, and it’s especially considering that the year rience that much of that money ended that disturbing. That’s why our prior- it’s compared with—1995, the last off- up being spent on phony issue ads in ities are so out of whack, Mr. Presi- election year preceding a presidential Senate races. The corporate money dent. We should be going to the Treas- election—which was itself a record- that has been banned in federal elec- ury-Postal appropriations bill, and breaking year for soft money fund- tions since 1907 is being raised by Sen- that’s why I support the motion to pro- raising. ators and spent to try to influence the ceed, despite the fact that I may vote This year one of the most notable election of Senators. This has to stop. The growth of soft money has made a against it when all is said and done. I fundraising trends hits very close to mockery of our campaign finance laws. recognize we have to focus on what home, or to the dome, as the case may It has turned Senators into pan- people want, not what wealthy inter- be: Congressional campaign commit- handlers for huge contributions from ests want. tees raised more than three times as corporate patrons. And it has multi- As I said when I first began Calling much soft money during 1999 as they plied the number of corporate interests the Bankroll last year, we know, if we raised during 1995—$62 million com- who have a claim on the attention of are honest with ourselves, that cam- pared to $19.4 million. members and the work of this institu- paign contributions are involved in vir- That is a huge increase, Mr. Presi- tion. dent. tually everything that this body does. I truly believe that we must do much Three times as much soft money— Campaign money is the 800-pound go- more than ban soft money to fix our much of it raised by members of Con- rilla in this chamber every day that campaign finance system. But if there gress. nobody talks about, but that cannot be is one thing more than any other that Now the latest news reports show ignored. All around us, and all across must be done now it is to ban soft record-breaking soft money figures for the country, people notice the gorilla. money. Otherwise the soft money loop- the first quarter of this year as well. Studies come out on a weekly basis hole will completely obliterate the How should the public view this? from a variety of research organiza- Presidential public funding system, What can we expect them to think as tions and groups that lobby for cam- and lead to scandals that will make Members of Congress ask for these un- paign finance reform that show what what we saw in 1996 seem quaint. Vir- limited contributions from corpora- we all know: The agenda of the Con- tually no one in this body has stepped tions, unions and wealthy individuals, gress seems to be influenced by cam- up to defend soft money. So let’s get paign money. But in our debates here, and then turn around and vote on legis- rid of it once and for all. Now is the we are silent about that influence, and lation that directly affects those do- time. Let’s move to the Treasury-Post- how it corrodes our system of govern- nors that they just asked for all this al Appropriations bill, vote yes or no, ment. money? and then let’s do what we have to get I have chosen not to remain silent, Frankly, it is all the more reason for done. but I know there are those who wish Americans to question our integrity, When we define what we need to get that I would stop putting the spotlight whether those donations have an im- done this year, let’s get serious. It is on facts that reflect poorly on our sys- pact on our decisions or not. not the estate tax, and it’s not the H– tem, and in turn on the Senate, and on They question our integrity, and we 1B bill. It’s banning soft money. both the major political parties. give them reason. Why aren’t we get- Now there is more support for ban- I wish our campaign finance system ting their business done? I say let’s get ning soft money than ever before. wasn’t such an embarrassment. the business done—let’s agree to move I think it is important to talk on this I wish wealthy interests with busi- to Treasury-Postal, whether we’ll sup- floor about just who those Americans ness before this body didn’t have un- port that bill in the end or not. And are who want to clean up this cam- limited ability to give money to our then let’s move on to the other press- paign finance system, because today political parties through the soft ing issues before us—not tax cuts for calls for reform are coming from an in- money loophole, but they do. the wealthy, but real priorities like credible range of people in this coun- I wish these big donors weren’t able campaign finance reform. try, including some very unlikely to buy special access to our political Let’s put a stop to the soft money places. leaders through meetings and weekend arms race that escalates every day, and One of the most interesting places retreats set up by the parties, but they involves more and more Members of you can find demands for reform is cor- can. Congress. porate America, where one group of I wish fundraising skills and personal I do not know how many of my col- corporate executives, tired of being wealth weren’t some of the most leagues are actually picking up the shaken down for bigger and bigger con- sought-after qualities in a candidate phones across the street in our party tributions, has said enough is enough.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7612 CONGRESSIONAL RECORD — SENATE July 26, 2000 This organization, called the Com- Society, the United Methodist Church’s about this system and how it affects mittee for Economic Development, General Board of Church and Society, us? Nothing; the public has not missed issued a report and proposal urging re- and NETWORK—a national Catholic a thing. form, including the elimination of soft social justice lobby. The public has got it exactly right. It money. Reform has the vital support of envi- is this body that has it wrong every One might guess that this group of ronmental groups like the Environ- time a minority of my colleagues block people, who are in the position to use mental Defense Fund, Friends of the the majority of the Senate and will of the soft money system to their advan- Earth and The Sierra Club, and the the American people by trying to kill tage, would not dream of calling for re- backing of seniors groups like AARP reform. form. and the Gray Panthers. The public deserves a Congress that But the soft money system cuts both The support for reform in this coun- can respond to the concerns of all ways—it not only allows for legalized try is strong, it is vocal, and is truly Americans, not a wealthy few. bribery of the political parties, it also broad-based. We also have the support The public deserves a responsible allows legalized extortion of soft of consumer watchdogs like the Con- Congress that does its job by moving to money donors, who are being asked to sumer Federation of America, health the Treasury-Postal appropriations give more and more money every elec- organizations like the American Heart bill, whether we choose to vote yes or tion cycle to fuel the parties’ bottom- Association, children’s groups such as no, and the same goes for the other re- less appetite for soft money. the Children’s Defense Fund, and of maining approps bills that deserve our But it isn’t just weariness at being course the support of groups like Com- attention. shaken down that led CED members to mon Cause and Public Citizen, which Most of all, the public deserves a call for reform of our broken campaign have been fighting a terrific fight Congress that can set priorities that finance system. Let me quote from the against the undue influence of money represent the concerns of the American CED report, which stated their concern in politics for decades. people, and not just soft money donors, so well: And I could go on. We are talking not just those who can afford to attend Given the size and source of most soft about people from every walk of life, weekend getaways with party leader- money contributions, the public cannot help every income level and every political ship, and not just those who have es- but believe that these donors enjoy special affiliation. But they all have one sim- tates of more than $100 million dollars. influence and receive special favors. The sus- ple thing in common: They are de- That is our challenge. Let’s address picion of corruption diminishes public con- manding an end to the soft money sys- the people’s real priorities. Let’s do the fidence in government. tem that has made a mockery of our people’s business, and let’s get started The bigger soft money contributions campaign finance laws, has deepened right now. get—and the amounts are truly sky- public cynicism about this body, and Mr. President, I suggest the absence rocketing—the more damaging the ef- darkened the public perception of our of a quorum. fect on the public’s perception of our democracy. The PRESIDING OFFICER. The democracy. The public is watching us right now. clerk will call the roll. I applaud CED for its commitment to That is why I want us to move to the The assistant legislative clerk pro- restoring the public’s faith in govern- Treasury-Postal Appropriations bill, ceeded to call the roll. ment by calling for a soft money ban. whether we support it or not—so that Mr. BYRD. Mr. President, I ask unan- And CED is just one part of a growing they can have faith that we are doing imous consent that the order for the movement to call on this body to clean what we should be doing. Not serving quorum call be rescinded. up our campaign finance system. wealthy interests, but doing their busi- The PRESIDING OFFICER (Mr. One of the most inspiring leaders of ness, and doing it responsibly. CRAPO). Without objection, it is so or- the movement for reform is not any And being responsible means acting dered. business leader, or political figure for on campaign finance reform. Is there further debate on the mo- that matter. She is a great grand- That is what people want—their tion? mother from Dublin, New Hampshire voices can be heard loud and clear in Several Senators addressed the named Doris Haddock. Doris, known af- polls on the campaign finance issue: Chair. fectionately as Granny D, walked clear Two out of three Americans think The PRESIDING OFFICER. The Sen- across the United States at age 90 to money has an ‘‘excessive influence’’ on ator from West Virginia. insist that Congress pay attention to elections and government policy, ac- Mr. BYRD. Under the rules, once a reform issues. cording to Committee for Economic quorum is called off, if nobody seeks She walked across mountains and Development’s March 1999 report on the floor, is it the requirement that the desert, in sweltering heat and freezing campaign finance reform. Chair put the question? cold, to make her point. And along the Another CED poll question revealed The PRESIDING OFFICER. That is way she inspired thousands of others to that two-thirds of the public think correct. speak up about the corrupting influ- ‘‘their own representative in Congress Mr. BYRD. Mr. President, do I have ence of money in politics, and demand would listen to the views of outsiders the floor? action from Congress. I was proud to who made large political contributions The PRESIDING OFFICER. The Sen- have her support for the McCain-Fein- before a constituent’s views’’; ator from West Virginia has the floor. gold bill, and I am thrilled to have such 74.5 percent of respondents believe Mr. BYRD. Mr. President, I simply a devoted ally on this issue. the Government is pretty much run by cannot understand what is going on The fight for reform is also gaining a few big interests looking out for here. I wish someone would tell me. I tremendous strength from religious or- themselves, according to a poll from think we had a unanimous vote a little ganizations that are reaching out to the Center for Policy Attitudes; earlier here on the motion to invoke educate and mobilize their congrega- 78 percent of respondents believe cloture on the motion to proceed to the tions about the issue. ‘‘the current set of laws that control consideration of the Treasury-Postal Support from religious organizations congressional campaign funding needs Service appropriations bill. includes: The Episcopal Church, reform,’’ in a Hotline poll. Why don’t we vote? Why don’t we Church Women United, the Lutheran These numbers are even more dis- vote? Office for Governmental Affairs, the turbing than the numbers of the soft As the ranking member on the Ap- Evangelical Lutheran Church of Amer- money donations themselves. propriations Committee, I can say to ica, the Church of the Brethren’s Wash- These numbers tell us that it’s a my colleagues that Senator TED STE- ington Office, the Mennonite Central given today that people think the VENS and I—the chairman and I—and Committee’s Washington Office, the worst of us and the work we do—they the various chairmen and ranking National Council of the Churches of believe that we are on the take, and members of the subcommittees on Ap- Christ in the USA, the Union of Amer- who could possibly blame them? propriations have worked hard—have ican Hebrew Congregations, the United What is it that they do not under- worked hard—to bring these appropria- Church of Christ’s Office for Church in stand, that they are misinterpreting tions bills to the Senate floor. We need

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7613 to get on with acting on these appro- into the final omnibus package. In ad- salem and brought to Babylon. And as priations bills so that we can send dition thereto, a tax bill was put into they were eating and drinking and hav- them to the President. that package in the conference. I be- ing fun, Belshazzar saw a hand appear I can tell you what is going to hap- lieve that tax bill involved about $9.2 over on the wall near the candlestick. pen. I have seen it happen all too often billion. That was put into the con- And he saw the handwriting: mene, in recent years. We don’t get the appro- ference report. It had never had a day, mene, tekel, upharsin. So he sent for priations bills down to the President an hour, or a minute of debate in this his wise men, his astrologers, and one by one, so that he can sign them or Senate. There were no amendments of- wanted them to tell him what this veto them, which he has a right to do. fered to it. Eight appropriations bills writing meant. They couldn’t do it. What we do is delay and delay and and a tax bill were all wrapped into one But the Queen told Belshazzar that delay. As a result, when the time conference report in FY 1999, tied with there was a young man in the kingdom comes that the leaders and Senators a little ribbon, and Senators were con- who could indeed unravel this mystery. have their backs to the wall, and there fronted with having to vote for or As a result, Daniel was sent for. He is a big rush on to finalize the work so against, that conference report—take told the King what was meant by the Senators can go home and the Senate it or leave it! handwriting on the wall: ‘‘God hath can adjourn sine die, then everything is That was right at the end of the ses- numbered thy kingdom, and finished it. crammed into one big bill, one omnibus sion when many Senators wanted to go Thou art weighed in the balances, and bill. home. They had town meetings sched- art found wanting. Thy kingdom is di- I am telling you, you would be uled; they wanted to go home. When vided, and given to the Medes and the amazed at what happens in the con- that kind of circumstance arises, we Persians.’’ And that night, Belshazzar ferences. You would be amazed to see are faced with a situation of having to was slain and the Medes and the Per- what occurs in those conferences. En- vote on a bill that may contain thou- sians took the kingdom. tire bills are sometimes put into the sands of pages which we have not had I see the handwriting on the wall: conference report—entire bills, bills an opportunity to read. As I remember, mene, mene, tekel, upharsin. I see the that may or may not have passed ei- there were 3,980 pages in that con- handwriting. We have voted unani- ther House. And the administration is ference report. Imagine that. If the mously in this body today to proceed there also. The executive branch has people back home knew what we were to take up the appropriations bill mak- its representatives there. They are doing to them, they would run us all ing appropriations for the Department there for the purpose of getting admin- out of town on a rail. And we would be of Treasury-Postal Service and so istration measures or items that the entitled to that honor, the way we do forth, but we are not going to vote on executive branch wants put into those business here. All we do is carry on that. I have asked questions around: conference reports. The items may not continual war in this body, continual When are we going to vote? There is no have had a word of debate in either war, each side trying to get the ups on intention to vote on that today. We House. Neither House will have had an the other side. It isn’t the people’s have another cloture vote coming up opportunity to offer amendments on business we are concerned with. It is within a few minutes. If that cloture bills or to debate measures, and yet who can get the best of whom in the motion is approved, the Senate will those measures will be put, lock, stock, partisan battles that go on in this then take on that subject, and the and barrel, into the conference reports. Chamber. Treasury-Postal appropriations bill Then the conference report comes A lot of new Members come over will go back to the calendar. We are back to the Senate, where Senators from the House where they are accus- not going to take it up. There is no in- cannot vote on amendments to that tomed, I suppose, to being told by their tention of voting on that bill, no inten- conference report. So Senators, as a re- leaders what to do and how to do. Oth- tion. It will go back on the calendar. sult, have no opportunity to debate ers come here fresh from the stump. I Then what will happen? I see the these matters that are crammed into suppose they feel this is the way it has handwriting on the wall. We will go to the conference reports in those con- always been done. They don’t know conference one day when we get back ferences. They will have had no oppor- how it used to be done. They don’t from the August recess. We will go to tunity to debate them. They will have know that there was a day when we conference one day on another appro- had no opportunity to amend them. used to have conferences, and it was priations bill, and everything will go They will have had no opportunity to the rule that only items could be dis- on that appropriations bill. I wish Dan- vote on parts thereof. Yet Senators in cussed in conference which had passed iel were here today so he could tell me this Chamber are confronted, then, one or the other of the two bodies. exactly what the handwriting on this with one package, and you take it or Nothing could be put into a conference wall really means, but I think I know you leave it. You vote for it or you report that had not had action in one what it means. It means this bill isn’t vote against it. or the other of the two bodies. Other- going to see the light of day until after We have experienced that on a num- wise, a point of order would lie against the recess, and probably not then. In ber of occasions. When we were consid- it. all likelihood, the Treasury-Postal ering the fiscal year 1997 appropria- I can assure you, those of you who Service bill will be put on a conference tions, we had a conference report on are not on the Appropriations Com- report, maybe on the legislative appro- the Defense Appropriations Bill and mittee, you ought to see what goes on priations bill. This bill will go on that. five additional appropriations bills in the conferences. Bills that have As time passes, more and more appro- were crammed into that conference re- never passed either body, measures priations bills will likely go on that in port in conference, five appropriations that have never passed either body, conference. bills. I believe two of them had never measures, in many instances, which So we will get another conference re- been taken up in the Senate. I believe are only wanted by the administration, port back here that is loaded—loaded— two of them had had some debate, had are brought to that conference and are with appropriations bills. We won’t been brought up, but had not been fi- crammed into that conference report. know what is in them. We Senators nally acted upon. The conference report comes back to won’t know what is in those bills. We I intend at a future time to have all the Senate. It is unamendable, and we didn’t know what was in the 3,980-page of this material researched so I can have to take it or leave it. That is no conference report in fiscal year 1999. speak to it. Today, I recall there were way to do business. We voted for it or against it blindly. I five appropriations bills crammed into I regret that it has come to this, and voted against it. I didn’t know what that conference report on the DOD Ap- we are getting ready to do it again. I was in it. That is what we are con- propriations Bill. It was brought back see the handwriting on the wall. fronted with. to the Senate where Senators were un- Those of you who have read the book The American people, I think, are able to amend it and have votes on of Daniel will remember Belshazzar going to write us off as being irrele- parts of it. And if Senators think that having a feast with 1,000 of his lords. vant. We don’t mean anything. We just was bad, in fiscal year 1999, eight dif- They drank out of the vessels that had stay here and fight one another and try ferent appropriations bills were put been taken from the temple in Jeru- to get the partisan best of one another.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7614 CONGRESSIONAL RECORD — SENATE July 26, 2000 Democrats versus Republicans, Repub- ship is not moving. There are many ment Program, and the Eisenhower licans versus Democrats. Who can get reasons for that. But I suggest one of Program that assists professional de- the ups on the other side. The people the principal reasons is that over the velopment. Yet this major piece of leg- will say we can go to hell. That is the last several months—indeed, through- islation has come to this floor and attitude here. Hell is not such a bad out this entire Congress—the leader- then, like judges, has been languishing word. I have seen it in the Bible, so I ship has taken it upon themselves to in the shadows for months now. Why? perhaps will not be accused of using essentially try to nullify the Presi- Well, some suggest it is because the bad language here. But that is what we dent’s constitutional authority to ap- majority doesn’t want to consider are in for. That is the handwriting on point judges to the Federal courts. amendments with respect to school the wall. We are going to replay the Article II, section 2 of the Constitu- safety and gun violence. Those amend- same old record and have these monu- tion is quite clear that the President ments might cause difficult votes. But mental conference reports come back has the right to appoint Federal in any case, we are likely, this year, here, unamendable, and we take them judges, subject to the advice and con- not to discharge our routine duty of hook, line, and sinker, one vote. No sent of the Senate. But what has hap- every 5 years reauthorizing the Ele- amendments. We won’t know what is in pened with increasing enthusiasm is mentary and Secondary Education Act. the bill. that these appointments arrive here We are going to—using a sports meta- How is that for grown up men and and then languish month after month phor—punt. women? We won’t know what is in the after month after month. At some All of these things together have bill because we are playing politics all point, this type of nullification, this caused us to stop and essentially ask the time. We are playing politics. That avoidance of responsibility under the why can’t we refocus our operations, is why we are not getting our work Constitution, subverts what I believe refocus our emphasis, and begin to done. I am not blaming that side or the Founding Fathers saw as a rel- renew the tradition in this body of de- this side. I am just blaming both sides. atively routine aspect of Government: bate, wide-open amendment leading to We are all caught in this. I am sure the Presidential appointment and consider- votes with respect to substantive legis- American people can’t look at this ation within a reasonable time by the lation and with respect to appoint- body, or this Congress, and get much Senate of these appointments. ments by the President to the judiciary hope because we play politics all the It has not been a reasonable time in and other appointments. time. I am sorry that things have come so many cases. Repeatedly, appoint- That is why I believe we are here in to this. But Congress doesn’t work by ments to the Federal bench have been these doldrums. The lights are on. We the rules; the Senate doesn’t operate made by the President. They have are assembled, but we are not moving under the rules it operated under when come to the Senate and have been vir- forward. I think we have to begin to I came here and that existed up until a tually ignored month after month. At look at what we are doing and why we few years ago. This game has been some point, we have to be responsible are doing it. Perhaps that is the most going on and it is getting worse. It is not only to the Constitution, but to the useful aspect of this discussion this getting worse. people of the country and act on these afternoon—because I hope that eventu- Mr. President, I don’t intend to hold appointments. Now, that doesn’t mean ally we can emerge from these dol- the floor any longer. I will have more confirm every appointment. But it cer- drums and begin to, once again, take to say about this. If you want to know tainly, in my mind, means to have a up the people’s business in a reasonable the truth, what is said is exactly the reasonable deliberation, a hearing, and and timely fashion leading to votes truth. We are absolutely working a then bring it to a vote. It is far better, after debate. Some may go the way we fraud on the American people. They both constitutionally and in terms of want. Some may not. But in the grand look to this body and expect us to leg- the lives of individual Americans, to scheme of things, when we are debating islate on the problems of the country, decide their fate, decide whether or not and bringing the principles of the de- and we are just tied in knots. We only they will serve on the bench in a rea- bate to conclusion by voting, we are seem to think about partisanship. I am sonable period of time than to let them discharging the responsibility that the sick and tired of that. I am sure we twist slowly in the wind—some for up- American people entrusted to us when have to have a little of that as we go wards of a year or more. That is what they elected us to the Senate. along, but it has become all partisan has been happening. It is a reflection of There are many examples of what we politics. Who can win this? If they a deeper paralysis within the system. could be doing if we adopted this ap- come up with something, we have to The Senate is not operating as it tra- proach. For example, I have an amend- come up with an alternative. ditionally has, as a forum for vigorous ment which I would like to introduce I don’t think the American people debate, amendment, and discussion, with respect to this Treasury-Postal want that. I think they know more and after a vigorous debate, a vote. We bill regarding the enforcement of our than we think they know, and I believe have seen a situation in which meas- firearms laws in the United States. they are pretty aware of what is going ures are brought to the floor only after We hear time and time again—par- on. We are just playing politics. That is concessions are made about the num- ticularly by the opponents of increased exactly why we can’t get this Treas- ber of amendments, the scope of gun safety legislation—that all we ury-Postal Service Appropriations Bill amendments, and the type of amend- have to do is enforce the laws. Yet in up and get it passed and send it to con- ments. That is operational procedure the past we have seen the erosion of ference. Mark my words; we are going that is frequently associated with the funds going to the ATF for their en- to play the same old game over and other body but which defies the tradi- forcement policies. I must say that this over again that we have played all too tion of this body, where we pride our- year’s Treasury-Postal appropriations many times now, not passing appro- selves on our ability to debate and bill has moved the bar upwards in priations bills, but having them all in amend, to be a place in which serious terms of funding appropriate gun safe- conference put into one monumental, discussions about public policy take ty programs, and I commend the Chair- colossal conference report, and it is place routinely and just as often deci- man and Ranking Member for their ef- sent back here and we will vote on it sions are made by the votes of this fort. But there are two areas in which and we won’t know what is in the con- body. We haven’t seen that. they have failed to respond. One is the ference report. Shame! Shame on us! We introduced on this floor for con- youth crime gun interdiction initiative I yield the floor. sideration—and it has been the pending by the ATF. The PRESIDING OFFICER. The Sen- business now since May—the Elemen- I would request in my amendment an ator from Rhode Island is recognized. tary and Secondary Education Act. additional $6.4 million, which would Mr. REED. Mr. President, I rise Every 5 years, we reauthorize the edu- bring it up to the funding requested by today to discuss the current posture of cation policy of the Federal Govern- the President. This, to me, is an abso- the Treasury-Postal appropriations bill ment—the education policy with re- lutely critical issue—not only in the on the floor. It seems to me that we are spect to elementary and secondary sense of making sound public policy, in the doldrums. Our sails are unfurled, schools throughout this country: the but critical because in every commu- the crew is at their positions, but the title I program, Professional Develop- nity in this country we are astonished

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7615 by the ease of access to firearms by The communities that are already money this year. There is a 24-month youngsters. We are horrified by the re- participating in this program— proposed schedule for the deployment sults of this access to firearms. is invaluable to the mutual effort to reduce of this system. The work has been A few weeks ago in Providence, RI, gun-related crimes. The tracing information done, the plans have been done, but if we were absolutely devastated by the provided by ATF not only allows local juris- we do not appropriate sufficient money murder of two young people. They had dictions to target scarce resources to inves- in fiscal years 2001 and 2002, then we tigations likely to achieve results, but also will fall short of this scheduled deploy- been in Providence on Thursday gives ATF the raw data to be able to inves- evening at a night club. They left. One tigate and prosecute the illegal source of ment. We will create a situation in youngster was working and the other these crime guns. The Committee continues which, again, when we ask why the was a college student. They were chat- to believe that there are significant disrup- American people get so frustrated with ting by their car, waiting to go to their tions in these illegal firearms markets di- government, the situation in which we homes that evening when they were rectly due to investigative leads arising from have been planning, we have been ex- carjacked by five or six young men. this regional initiative. pending money, we are all ready to They were driven to a golf course on Frankly, the committee recognizes move forward on an initiative that will the outskirts of Providence. Then they that this is a useful initiative. I would materially aid law enforcement au- were brutally killed with firearms. like to see it fully funded. That is thority, and then we stop short and go Where did these accused murderers something we could be talking about. into a hiatus for a year, and maybe at get these firearms? It is a confused Indeed, I hope we can move to incor- the end of the year start again. But, story. But there was an adult, appar- porate that within the appropriations more than likely, it will be more ex- ently, who had lots of weapons. Either bill that is before us. pensive, and we have lost months or they were stolen from this individual, There is another important firearms years in terms of having effective tools or he lent the firearms to one of these enforcement measure that was not for our law enforcement authorities. young men. But, in any case, this is funded by the committee which I would That is one of the frustrations. It is one of those searing examples of young like to see funded, and that is the na- frustration based upon our inability to people having firearms being desperate, tional integrated ballistics information be able to move efficiently and prompt- being homicidal, and using those weap- network. I would like to see that ap- ly to do the people’s business. ons to kill two innocent people. propriation moved up by $11.68 million I hope we can deal with this issue of The program, which is underfunded to meet the President’s request. This both the youth crime gun interdiction in this appropriations bill, would au- would integrate two systems that try initiative and the national integrated thorize the ATF to work with local po- to identify bullets based upon their ballistics information network. These lice departments to develop tracing re- ballistic characteristics so they can be are the types of appropriations meas- ports to determine the source of fire- more useful in investigating crimes. ures we should not only be talking The ATF has an integrated ballistics arms in juvenile crimes. about, but we should be voting for. identification system, which is called There was some suggestion initially Again, we are in this predicament be- in shorthand IBIS. The FBI has what and anecdotally that most of these cause there has been such a conscious, they call the ‘‘drugfire’’ ballistic sys- firearms were stolen, but then prelimi- overt effort on the part of the leader- tem. I have seen demonstrations of ship to deflect consideration, delibera- nary research suggested not; that, in these systems. They are remarkable. tion, and decision on so many impor- fact, there is an illegal market for fire- They recover a slug at a crime scene. tant issues that are critical to the fu- arms and that too many weapons used They take it to a lab, which has the ture of America. Lifetime tenure on by juveniles in these heinous crimes computer equipment that is designed Federal courts is being withheld be- are obtained in this illegal firearms to run this system. They are able to cause there is a hope, an expectation market. identify the characteristics of the par- on one side, that these judges will go This type of information is extremely ticular slug that is being examined and away, these nominees will go away, in useful in terms of designing strategies then, through their data banks, match 6 or 9 months. to interdict access to firearms by it up with a known group of slugs, I don’t think that is what the Amer- youth perpetrators. We need this kind make a positive identification, and the ican people want Congress to do. They of intelligence in the Nation, if we are positive identification leads, in many want Congress to either approve or dis- going to construct appropriate pro- cases, to the arrest, or certainly to the approve, but they want Congress to grams that are going to deal with this identification of the weapon that was act. problem. used. It is very similar to Mr. BENNETT. Will the Senator This, again, is a reflection of what I fingerprinting, with which we are all yield? sense happened in Providence. It is un- familiar. Mr. REED. I am happy to yield to the clear precisely what happened. But We have these two systems. They Senator. here you have the possibility that the work very well independently. But Mr. BENNETT. Mr. President, the individual with the firearms either sold they would work much better if their Senator has talked about the present them or lent them, got them into the databases were combined; if the source situation we are in. Is the Senator hands of young people who, in turn, was engineered to cooperate and work aware that the majority leader tried to used them to kill other young people. interdependently. That is what this ap- move the Senate toward consideration It would be extremely useful if we propriation would do. of this bill as long ago as last Friday knew collectively and not only individ- We have seen success already. Both and it was objected to by the minority? ually how these weapons moved of these systems, working independ- Mr. REED. I am aware of that. It is through our society, because without ently, have produced more than 8,000 one of the situations where, after this knowledge it is very hard to create matches and 16,000 cases. For the first months and months of cooperating, of counterstrategies. time we can take a slug from a crime trying to accommodate, mutually, the That is one important aspect—these scene, match it up with known weap- desire and the recognition of getting trace reports—for appropriations that I ons, leading, hopefully, to arrests and things done, at some point when we see will seek to move today with respect to ultimately conviction. In a way, it is no movement with respect to our con- appropriations. not only like fingerprints, it is like stitutional obligation to confirm Indeed, the Senate Appropriations DNA, like all the scientific break- judges, no real movement, when we see Committee report emphasizes the im- throughs we are able to use to more ef- the elementary and secondary edu- portance of the partnerships that are fectively enforce the laws and bring cation bill that has been put out to underlying this initiative, and under- lawbreakers to justice. languish and perhaps not to see the lying also the ability to deal with the I hope we can use this system more light of day for the rest of the year, incidents of youth firearm crimes. In effectively by integrating the two pro- when we see a process in which the their words: grams, the ATF program and also the price of bringing a bill to the floor is The partnership between ATF and local FBI program. an agreement to surrender the rights of law enforcement agencies in these commu- One of the reasons I am offering this individual Senators to amend that leg- nities— amendment is to ensure we have the islation, to make that amendment

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7616 CONGRESSIONAL RECORD — SENATE July 26, 2000 process subject to the approval of the But that is not how it is working. should to its constitutional and to its majority leader, when we see all those These magnanimous offers of bringing public responsibilities because of the things, what I think we have to do and up a couple of judges—I believe I saw political calculus. what we must do is insist that we get yesterday where three judges from Ari- Our side is not immune to political back, away from that process of major- zona were just nominated by the Presi- calculation. But the leadership of this ity oppression. Perhaps that is too dent, and they already have hearings body has created a situation in which melodramatic. We have to get back to scheduled. We have other judges who avoidance of difficult issues, nullifica- the rules of the Senate, the spirit of were nominated over a year ago, and tion of constitutional responsibilities the Senate, which, I believe, is open de- they have not even had a hearing, a and obligations to confirm judges, and bate, open amendment, and a vote. year later. Some magnanimous ges- deferment of critical national security Frankly, if that were the rule that tures by the majority leader are self- issues for short-run advantages, is the was forthcoming from the majority serving and ultimately had to be re- standard of performance. I believe that leader, if the majority leader said, jected by the minority. is not the role the Senate should play bring ESEA back, open up the amend- I respect the Senator, but I will con- and that is the heart of this discussion ment process, vote; when we finish the tinue my discussion on some other today. amendments, if the debate goes too points. Let me suggest one other point with long, in my prerogative, after long de- Mr. BENNETT. I will respond at a respect to the business of the body. We bate, I will enter a cloture motion— later time. confront a range of issues that deal that is the way the Senate should oper- Mr. REED. The youth crime gun with those world-shaking, momentous ate. I suggest that is not the way this interdiction initiative and the national issues like China trade policy; issues Senate is operating. That is why we are integrative ballistics information net- with respect to domestic tranquility; here today. work are important issues. Those are the safety of our streets; the funding of There is responsibility for every indi- the issues we are talking about. They the appropriations bills for law en- vidual Senator for what happens on the are a subset of what I argue is the larg- forcement when it comes to firearms. floor of the Senate. Certainly the man- er issue. Then there are issues that are not agement of the Senate is within the The larger issue: Is the Senate going important to the vast number of Amer- grasp and the control immediately of to be the Senate? Or is it some type of icans in the sense it doesn’t affect the majority leader and the majority. smaller House of Representatives them directly but are critically impor- That control has been deliberately, I where the leadership dictates what is tant to many Americans. One is a think, to thwart the nomination and coming to the floor, what judge’s name measure I have been trying to find the the confirmation of judges and delib- might come up, what bill might come opportunity to bring to the floor, and erately to frustrate legislation impor- up, what amendment might come up, that is to somehow help the Liberian tant to the American people because when it all comes about? That, I think, community in this country who came there might be amendments that are is the key point. here in 1990, in the midst of their vio- uncomfortable for consideration by Let me take up another key point in lent civil war, and who for the last dec- some in this body. terms of the demonstration of why we ade have been in the United States. Mr. BENNETT. Will the Senator are not doing our duty. We have before They have been residing here. They yield? the Senate a very difficult vote on ex- have been contributing to our commu- Mr. REED. I am happy to yield to the tending permanent normal trade rela- nities. Many of them have children who Senator. tions to China. It is a very difficult are American citizens. Yet they are in Mr. BENNETT. Is the Senator aware vote. We know that. It is a vote that a position where they face deportation the majority leader has an agreement bedeviled the House of Representa- October 1. The clock is ticking. with the minority leader whereby a tives. It was controversial. It was dif- This is not an issue that is going to number of judges would, in fact, be ficult. But after intense pressure and galvanize parades through every Main confirmed and that the agreement was vigorous debate, the House of Rep- Street in America. But for these rough- accepted by both sides, only to have resentatives brought it to a conclusion ly 10,000 people who are caught up in the minority leader come forward and and voted. this twilight zone while they are here, say that he wanted to identify the spe- Now that measure is before the Sen- they want to remain here with their cific judges, and the numbers were not ate. It is controversial. It is, like so children, many of whom, as I said, are acceptable? The minority leader want- many other things, languishing. It Americans, but they face a prospect of ed to pick specific people, in contradic- could have been accomplished weeks being deported back to a country that tion of the normal pattern of the Judi- ago. The business community would is still tumultuous, still dangerous, ciary Committee. Is the Senator aware of the fact the argue vociferously it should have been still threatening to them and many minority leader has taken that stand? accomplished weeks ago. It has been others. Mr. REED. Reclaiming my time, es- couched in many terms, but one term I This is legislation that has been sup- sentially what the Senator is arguing, think is most compelling is that it is a ported by Senator CHAFEE, my col- by implication, is that the majority critical national security vote. It is a league from Rhode Island, Senator leader has the sole responsibility and critical national security vote. Yes, it HAGEL, Senator WELLSTONE, Senator sole prerogative to pick who will come is about trade. Yes, it is about eco- KENNEDY, Senator LANDRIEU, Senator to this floor for consideration as a nomic impacts within the United KERRY, and Senator DURBIN, legislation judge. States and around the world. But it is that will materially assist these indi- I am amazed at this whole process. also about whether or not we will con- viduals. But, once again, we are not Look at judges who have been pending tinue to maintain a relationship of en- moving with the kind of rapidity that for almost a year and their names are gagement with China, or if we reject it, allows for the easy accommodation of not coming to the surface. That is or if we delay it indefinitely and open this type of legislation on the floor. I something more at work than the up the distinct possibility of confronta- hope it does come up soon, but I think breaks of the game. That is a delib- tion and competition with China. it represents the cost of this overcon- erate attempt by the majority to sup- Yet this critical national security trol and this inflexibility, perhaps, press the nomination of individual vote, this critical vote which is prob- that we are seeing as the management judges. ably the No. 1 objective of the business leadership style here today. Frankly, an offer to bring some community in this country, again lan- Let me just briefly set the stage judges to the floor is, in my view, in- guishes. about the need for this legislation. Li- sufficient unless that offer was trans- Some would say there are reasons. beria is a country that has the closest parent, saying we will begin to work We want to talk about Senator THOMP- ties of any African nation to the down the judges who have been pending SON’s and Senator TORRICELLI’s amend- United States—it was founded by freed longest, with perhaps other criteria, ment about proliferation. But, again, it slaves in the middle 1800s. Its capital is such as districts or circuits that need is symptomatic of a situation in which Monrovia, named after President Mon- judges. the Senate is not responding as it roe. It is a country that did its utmost

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7617 throughout its existence in the 1800s prior behaviors because it is strongly here and for many of the same reasons: and the 1900s, to emulate American suggested that he has been one of the Simple justice, length of stay, connec- Government structure, at least. But it key forces who is creating the havoc in tions to the community of America, erupted into tremendous violence in the adjoining nation of Sierra Leone. continued turmoil in their own coun- 1989 and 1990. Over the next several All of us have seen horrific photo- tries. For example, in 1988 we passed a years, 150,000 people fled to sur- graphs of the violence there, of chil- law to allow the Attorney General to rounding countries. Many of them dren whose arms and hands have been adjust to permanent status 4,996 Polish came to the United States—many cut off by warring factions in Sierra individuals who had been here for 4 being about 14,000. In March 1991, the Leone. The Revolutionary United years, 387 Ugandans who had been here Attorney General recognized that these Front is one of the key combatants in for 10 years, 565 Afghanis who had been individuals needed to be sheltered, so that country. Part of this is an unholy here for 8 years, and 1,180 Ethiopians he granted temporary protected status, alliance between Taylor and the Revo- who had been here for 11 years. or TPS. lutionary United Front for the purpose The 102nd Congress passed a law Under TPS, the nationals of a coun- of creating, not only mischief, but also which allowed Chinese nationals who try may stay in the United States for exploiting diamond resources with- had been granted deferred enforced de- without fear of deportation because of in Sierra Leone for the benefit of Tay- parture after Tiananmen Square to ad- the armed conflict or extraordinary lor and the benefit of others. But all of just to permanent residency. Over the conditions in their homeland. People this, this turmoil, once again, suggests next 4 years, 52,968 Chinese changed who register for TPS receive work au- that Liberia is not a place that is a sta- their status. thorizations, they are required to pay ble working democracy where someone, In the last Congress, we passed legis- taxes—and this is precisely what the after 10 years of living in the United lation known as NACARA. Under this Liberian community has done in the States, could return easily and grace- law, 150,000 Nicaraguans, 5,000 Cubans, United States. They went to work. fully and immediately. 200,000 El Salvadorans, and 50,000 Gua- They paid taxes. However, they do not Last year at this time, after being temalans who had been living in the qualify for benefits such as welfare and approached by myself and others, the United States since the eighties were food stamps. Not a single day spent in Attorney General determined that she eligible to adjust to permanent resi- TPS counts towards the residence re- could not grant TPS again under the dency status. A separate law allows quirement for permanent residency. So law. But she did grant Deferred En- Haitians who were granted DED to ad- they are in this gray area, this twilight forced Departure, or DED, to Liberians, just to permanent residency. As one can see, we are not setting a zone. They have stayed there now for which meant the Liberians could re- precedent. We are doing what we have 10 years because the situation did not main in the United States for another done before in response to similar mo- materially change for many years. year but essentially they are being de- tivations: fairness, length of stay here, Each year, the Attorney General ported. It is just stayed, delayed for a turmoil in the homeland to which we must conduct a review. The Attorney while. They have been living in this General did conduct such a review and propose to deport these individuals. further uncertainty for the last year. Another important point is why we continued to grant TPS until a few My legislation would allow them to believe we have a special obligation to years ago, until the fall of 1999, when begin to adjust to a permanent resi- Liberia. As my colleagues know—and I dency status here in the United States, the determination was made that the have mentioned before—this is a coun- and hopefully, ultimately, after pass- situation in Liberia had stabilized try that shares so much with the enough that TPS was no longer forth- ing all of the hurdles, to become citi- United States. coming. zens of this country. In 1822, a group of freed slaves in the At that, many of us leaped to the They arrived here, as I said, about 10 United States began to settle the coast fore and said the situation has years ago. They came here with the ex- of western Africa with the assistance of changed. The situation has changed in pectation that they would have a short private American philanthropic groups Liberia, but it has also changed with stay and would be home, back in their and at the behest of the U.S. Govern- respect to these individuals here in the communities, back in Liberia, but that ment. In 1847, these settlers established United States. They have established expectation was frustrated, not by the Republic of Liberia, the first inde- themselves in the community. They them but by the violence that contin- pendent country in Africa. Five per- have become part of the community. ued to break out throughout Liberia. cent of the population of Liberia traces Their expectations of a speedy return Now they have established them- their ancestry to former American to Liberia long ago evaporated and selves here. They are part and parcel of slaves. They modeled their constitu- they started to accommodate them- the community, and they are ex- tion after ours. And they used the dol- selves—indeed many of them enthu- tremely good neighbors in my State of lar as their currency. siastically—to joining the greater Rhode Island, as well as in other parts Before the 1990 civil war, the United American community. of this country. I believe equity, fair- States was Liberia’s leading trading The situation changed in Liberia. ness, and justice require that we offer partner and major donor of assistance. The change there was more procedural these individuals the opportunity to When Liberia was torn apart by civil than substantive. What happened was become permanent resident aliens and war, they turned to the United States the situation in which there was an ultimately, as I said, I hope they will for help. We recognized that special re- election, which was monitored by out- take the opportunity to become citi- lationship, and we offered aid to Libe- siders, which elected a President, the zens of this country. ria. We offered it, as I said, to assist former warlord, Charles Taylor. Our immigration policy is an inter- those who were fleeing destruction and Based upon this procedural process esting one, idiosyncratic in many devastation. We should continue to do change, the State Department and oth- cases, but it is important to point out that. We have had a special relation- ers ruled, essentially, that the situa- there are several other countries ship with Liberia over history, and we tion was now ripe for the return of Li- around the globe that have already have formed a special relationship berians from the United States and dealt with a problem like this: Norway, throughout this country with those surrounding countries to Liberia. But Denmark, the Netherlands, Spain, and communities of Liberians who have at the heart, the chaos, the economic Great Britain. After a certain length of been here for a decade and who seek to disruption, the violence within Liberia time, even if you are there tempo- stay. did not subside substantially. As a re- rarily—certainly 10 years is a sufficient Again, this is some of the legislation sult, Liberians here in the United time—you can, in fact, adjust your sta- we could be considering, some of the States have genuine concerns about tus to something akin to permanent legislation with which we could be their return to Liberia. What has hap- resident of the United States and pur- dealing if we had a process that al- pened most recently, because this is an sue citizenship. lowed that free flow of legislation to evolving situation, is that Charles Tay- We have done this before. We have the floor. lor, the President, again, duly elected made these types of adjustments for Mr. President, I ask unanimous con- President, has not renounced all of his other national groups that have been sent that two letters be printed in the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7618 CONGRESSIONAL RECORD — SENATE July 26, 2000 RECORD: A letter from Bill Gray, Presi- Following our Nation’s tradition of fair- John T. Clawson, Director, Office of Public dent of the College Fund, and a letter ness and decency, I am pleased to add my Policy and Advocacy, Lutheran Social Serv- from the Lutheran Immigration and personal support to S. 656 in order to offer ice of Minnesota. Refugee Service. Liberians the protection they deserve. Muriel Heiberger, Executive Director, Mas- There being no objection, the letters Sincerely, sachusetts Immigrant and Refugee Advocacy WILLIAM H. GRAY III. (MIRA) Coalition. were ordered to be printed in the Oscar Chacon, Director, Northern Cali- RECORD, as follows: LUTHERAN IMMIGRATION AND fornia Coalition for Immigrant Rights. THE COLLEGE FUND, REFUGEE SERVICE, Skip Roberts, Legislative Director, Service Fairfax, VA, April 19, 2000. Washington, DC, March 7, 2000. Employees International Union. Hon. JACK REED, Hon. JACK REED, David Saperstein, Director of the Religious U.S. Senator, Senate Hart Office Building, U.S. Senate, Washington, DC. Action Center of Reformed Judaism, Union Washington, DC. DEAR SENATOR REED: On behalf of the un- of American Hebrew Congregations. DEAR SENATOR REED: I write to let you dersigned organizations, we urge your sup- Ruth Compton, Immigrant and Latin know of the great importance I attach to the port of the Liberian Refugee Immigration America Consultant, United Methodist passage of legislation that would allow Libe- Fairness Act of 1999 (S. 656). This Act would Church, General Board of Church and Soci- rian nationals already in the U.S. for almost provide relief and protection for some 15,000 ety. ten years to become permanent residents. Liberian civil war refugees and their families Katherine Fennelly, Professor, Humphrey Your legislation, S. 656, the Liberian Immi- now residing in the United States. Institute of Public Affairs, University of gration Fairness Act, would accomplish this Since March of 1991, over 10,000 Liberian Minnesota. important goal. civil war refugees have resided in the United Asylum and Refugee Rights Law Project of The United States has always shared a spe- States. Recently, they were granted an ex- the Washington Lawyers’ Committee for cial relationship with Liberia, a country cre- tension of their temporary exclusion from Civil Rights and Urban Affairs. ated in 1822 by private American philan- deportation when President Clinton ordered Don Hammond, Senior Vice President, thropic organizations for freed American the Attorney General to defer their enforced World Relief. slaves. In December 1989, civil war erupted in departure. Granted for one year, the order is Morton Sklar, Director, World Organiza- Liberia and continued to rage for seven set to expire in September of this year. tion Against Torture, USA. years. USAID estimates that of Liberia’s 2.1 Against this general background, legislation million inhabitants, 150,000 were killed, Mr. REED. These two letters are has been introduced by Senator Jack Reed strong statements on behalf of the leg- 700,000 were internally displaced and 480,000 (D–RI) to adjust the status of certain Libe- became refugees. To date, very little of the rian nationals to that of lawful permanent islation, the Liberian Refugee Immi- destroyed infrastructure has been rebuilt residence. We strongly support Senator gration Fairness Act, which I have spo- and sporadic violence continues. Reed’s proposed legislation, S. 656. We view ken about and which I ardently desire When the civil war began in 1989, thou- this bill as being vital to the basic protec- to see acted upon in this session in the sands of Liberians fled to the United States. tion of and fairness towards Liberian civil next few weeks. In 1991, the Attorney General granted Tem- war refugees. porary Protected Status (TPS) to these Libe- Bill Gray, as many know, is a former JUSTIFICATIONS rians, providing temporary relief from depor- distinguished Congressman from Phila- tation since ongoing armed conflict pre- The Liberian Refugee Immigration Fair- delphia, PA. He is now President of the vented their safe return home. For the next ness Act of 1999 would protect Liberian refu- College Fund, which was formerly seven years, the Attorney General annually gees and their families from being forcibly known as the United Negro College renewed this TPS status. Last summer, At- returned to a nation where their life and freedom may still be threatened. Even the Fund. torney General Reno announced that this He points out in his letter the long TPS designation would end on September 28, Human Rights reports from the U.S. Depart- 1999. Throughout 1999, Liberians faced the ment of State and Amnesty International association between the United States prospect that they would be uprooted and have called attention to the continuing pat- and Liberia and urges that we act forced to return to a country still ravaged by tern of abuses against citizens by the Libe- quickly and decisively to pass this leg- violence and repression. However, on Sep- rian government. Additionally, the legisla- islation. tember 27, 1999, President Clinton granted tion would protect against the dissolution of The letter from the Lutheran Immi- non-citizen Liberians living in the United families as Liberian parents are forced to gration and Refugee Service also choose between leaving their American born States a reprieve, allowing them to remain makes that same plea for prompt and in the country and work for one additional children in the U.S. or taking them back to year. Liberia if they are deported. Further, after sympathetic action on this legislation. The Department of Justice estimates that nearly a decade of living in the U.S., Libe- It is signed also on behalf of numerous approximately 10,000 Liberians are living in rians have established real ties in their local organizations: the Catholic Charities the United States under protection of our communities and as such, forced deportation Immigration Legal Services Program; immigration laws. There are significant Li- would simply be wrong. Finally, it is impera- the Episcopal Migration Ministries; the berian populations in Illinois, Ohio, Michi- tive that Liberian civil war refugees be ac- National Ministries of American Bap- gan, Maryland, Pennsylvania, New Jersey, corded the same favorable treatment as tist Churches USA; the Lutheran So- New York, Georgia, Minnesota, Rhode Is- other refugee groups seeking relief in the land, and North Carolina. For the past dec- United States. cial Services of Minnesota; the Union ade, while ineligible for government benefits, We remain appreciative to Congress for its of American Hebrew Congregations; Liberians have been authorized to work and continued attention paid to the general issue the United Methodist Church, General are required to pay taxes. They married, of immigration relief for those in need, and Board of Church and Society; and it bought homes, and placed their children, we trust the same will be devoted to the Li- goes on and on. many of whom were born in this country, in berians. We appreciate your consideration of Again, this is the heartfelt plea by school. Despite their positive contributions these comments. the church community and the reli- to our communities, their immigration sta- Sincerely, gious community in general of this tus does not offer Liberians the opportunity RALSTON H. DEFFENBAUGH, to share fully in our society by becoming President. country for a favorable and immediate citizens. response to the plight of these Libe- When they first arrived, these nationals of On behalf of: Nancy Schestack, Director, Catholic Char- rians who are here with us. Liberia hoped that their stay in this country ities Immigration Legal Services Program. f would indeed be temporary. But ten years Douglas A. Johnson, Executive Director, VISIT TO THE SENATE BY THE have passed and they have moved on with Center for Victims of Torture. their lives. Liberians have lived in this im- Richard Parkins, Director, Episcopal Mi- PRESIDENT OF THE REPUBLIC migration limbo longer than any other group gration Ministries. OF THE PHILIPPINES in the United States. More importantly, Tsehaye Teferra, Director, Ethiopian Com- RECESS other immigrant groups who were given tem- munity Development Council. porary haven in the United States for much Eric Cohen, Staff Attorney, Immigrant Mr. HELMS. Mr. President, I ask shorter periods have been allowed to adjust Legal Resource Center. unanimous consent that the Senate to permanent residency: Afghans, Ethio- Curtis Ramsey-Lucas, Director of Legisla- stand in recess for 6 minutes while Sen- pians, Poles and Ugandans after five yeas tive Advocacy, National Ministries, Amer- ators and others have an opportunity and 53,000 Chinese after just three years. It is ican Baptist Churches USA. to meet a distinguished guest, the time to end the uncertainty that Liberians Jeanne Butterfield, Director, American have lived with for so long. It is time to Immigration Lawyers. President of the Philippines, the Hon- allow them the opportunity to adjust to per- William Sage, Interim Director, Church orable Joseph Estrada. manent residency as our nation has allowed World Service Immigration and Refugee Pro- There being no objection, the Senate, others before them. gram. at 3:57 p.m., recessed until 4:03 p.m.;

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7619 whereupon, the Senate reassembled ships with Asia and China, particu- There being no objection, the Senate when called to order by the Presiding larly, over the next several decades. proceeded to consider the bill. Officer (Mr. SESSIONS). That, too, has been shunted aside, not AMENDMENT NO. 4018 The PRESIDING OFFICER. The Sen- because of substance, but because of (Purpose: To authorize additional assistance ator from Rhode Island has the floor. political calculation. Once again, I to countries with large populations having Mr. REED. Mr. President, I extend think that is wrong. HIV/AIDS, to provide for the establishment my welcome to President Estrada of In return, what has been suggested, of the World Bank AIDS Trust Fund, to au- the Philippines. The Philippines and is: Why don’t you take a little of this thorize assistance for tuberculosis preven- the United States are allies. We have a and a little of that, and we will give tion, treatment, control, and elimination, special relationship with them, as we you an amendment here, and we just and for other purposes) have a special relationship with the might bring up two judges, but we Mr. BENNETT. Senator HELMS, for country I have been speaking about; don’t know who they are. That, in com- himself and others, has a substitute that is, the country of Liberia. parison, is not an appropriate response amendment at the desk, and I ask for f to the basic question of: Will the Sen- its consideration. ate be the Senate? The PRESIDING OFFICER. The TREASURY AND GENERAL GOV- I would hope that we would return to clerk will report. ERNMENT APPROPRIATIONS ACT that spirit, that spirit which I think The legislative clerk read as follows: OF 2001—MOTION TO PROCEED— drew us all here initially, with the The Senator from Utah [Mr. BENNETT] for Continued hope and the expectation that we Mr. HELMS, for himself, Mr. BIDEN, Mr. Mr. REED. Mr. President, let me con- would debate and we would vote—we FRIST, Mr. KERRY, Mr. SMITH of Oregon, Mrs. clude my overall remarks by saying, as would win some; we would lose some— BOXER, and Mr. FEINGOLD proposes an I began, that we are in the doldrums. but ultimately, by debating and by vot- amendment numbered 4018. We are here but we are not moving. I ing, and by shouldering our responsibil- (The text of the amendment is print- do not think it is sufficient to simply, ities—not avoiding them—the Amer- ed in today’s RECORD under ‘‘Amend- on a day-by-day basis, make a little ican people would ultimately be the ments Submitted.’’) concession here and a little concession great victors in this Democratic proc- Mr. BENNETT. Mr. President, I ask there. ess. unanimous consent that the amend- I think to get this Senate under full I hope we return to that spirit. ment be agreed to. sail again, moving forward, proudly, I yield the floor. The PRESIDING OFFICER. Without purposefully, is to once again summon The PRESIDING OFFICER. The Sen- objection, it is so ordered. up the spirit which I always thought ator from Utah. The amendment (No. 4018) was agreed was inherent in this body, the spirit of Mr. BENNETT. Mr. President, I ap- to. vigorous and free and open debate, of preciate the comments from the Sen- Mr. HELMS. Mr. President, passage vigorous and wide-ranging amendment, ator from Rhode Island. I will have of the Global AIDS and Tuberculosis unfettered by the individual procliv- some responses to them in a moment. Relief Act is a priority for this Admin- ities of the leader, whoever the leader f istration, but that is not why I support may be, and then, ultimately, doing it. I am aware of the calamity inflicted our job, which is to vote. MEASURE PLACED ON THE by HIV/AIDS on many Third World This afternoon, I have tried to sug- CALENDAR—S. 2912 countries, particularly in Africa. gest several areas where we have ne- Mr. BENNETT. Mr. President, I un- Children are the hardest hit and glected that obligation. With respect to derstand there is a bill at the desk due they, Mr. President, are the innocent Federal judges, it seems to me that for its second reading. victims of this sexually transmitted there has been an attitude adopted The PRESIDING OFFICER. The disease. In fact, the official estimate of here that our advice and consent is clerk will read the bill for the second 28 million children orphaned in Africa sort of an optional thing. If we do not time. alone could easily prove to be a low es- choose to do it, then no judges will be The legislative clerk read as follows: timate. This is among the reasons why confirmed. In a way, it is very subver- A bill (S. 2912) to amend the Immigration Senator BILL FRIST wrote the pending sive to the Constitution. and Nationality Act to remove certain limi- amendment, which is based on S. 2845, Frankly, I don’t think anyone would tations on the eligibility of aliens residing in with solid advice from and by Franklin object if judges were brought to this the United States to obtain lawful perma- Graham, president of Samaritan’s floor and voted down. That is a polit- nent residency status. Purse and son of Billy and Ruth. That ical judgment, a policy judgment, a Mr. BENNETT. Mr. President, I ob- is why I support it. judgment based upon their jurispru- ject to further proceedings on this bill Several items in the pending bill dence, their character, a host of issues. at this time. should be carefully noted. First, au- But what is so objectionable is this no- The PRESIDING OFFICER. The bill thorization for appropriations for the tion of stymying the Constitution by will be placed on the calendar. World Bank Trust Fund is scaled back simple nonaction, by pushing it off into The Senator from Utah has the floor. from the House proposal of five years the shadows, allowing individual nomi- f to two years. There is no obligation for nees to languish, hoping that no one PROVIDING FOR NEGOTIATIONS the U.S. Government to support the pays attention to it, and that at the FOR THE CREATION OF A TRUST trust fund beyond two years. end of the day these judges will go FUND TO COMBAT THE AIDS EPI- If the trust fund performs as ex- away and more favorable judges will be DEMIC pected, Congress may decide at that appointed. I do not think that is the time to make additional funds avail- Mr. BENNETT. Mr. President, I ask way to operate this Senate. able. However, if the Trust Fund is not unanimous consent that the Foreign We have legislation, such as the transparent, if there is not strict ac- Relations Committee be discharged ESEA, which has been permanently—or countability—and if money is squan- from further consideration of H.R. 3519, apparently permanently—shelved, not dered on second rate or politicized and the Senate then proceed to its im- because there is something inherently projects—I intend to do everything in mediate consideration. wrong with the bill as it has been pre- my power to ensure that Congress does The PRESIDING OFFICER. Without sented—we can debate the merits of not provide another farthing. objection, it is so ordered. The clerk that—but because to bring it back to The pending bill requires that twenty will report the bill by title. percent of U.S. bilateral funding for the floor would invite amendments The legislative clerk read as follows: that might be uncomfortable. I think HIV/AIDS programs be spent to support that is also wrong. A bill (H.R. 3519) to provide for negotia- orphans in Africa. That could be as tions for the creation of a trust fund to be Then I think we have a measure administered by the International Bank for much as $60 million. This is one of the which everyone claims is critical to Reconstruction and Development of the provisions on which I insisted, and I our economy, critical to our future na- International Development Association to wish it could have been an even higher tional security, critical to our relation- combat the AIDS epidemic. percentage.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7620 CONGRESSIONAL RECORD — SENATE July 26, 2000 I suggest that A.I.D. get together The Trust Fund will allow donations dress this crisis in Africa as well as the with Nyumbani Orphanage in Nairobi, and contributions from governments— rest of the developing world, the bet- Kenya, Samaritan’s Purse, and the the bill authorizes $150 million as the ter. The directives in this bill represent other groups working in the field to de- U.S. contribution—as well as the pri- the best of the current proposals to do velop a plan to address the crisis. vate sector, so that all sectors in soci- so. The World Bank and the Export-Im- Finally, I insisted that the lions ety are working together at an inter- port Bank of the United States both re- share of bilateral funding, specifically, national level to address this crisis. It cently announced that they would 65 percent—or as much as $195 million, is truly the best way to do so. The sta- make funds available for loans to Afri- be available to faith-based groups and I tistics are grim. According to UNAIDS, can countries to help them purchase am gratified that my colleagues have in 1999 alone 5.4 million people were in- drugs to treat HIV/AIDS. While I wel- consented to this. At last, it has fected with HIV/AIDS, bringing the come any efforts to procure drugs for dawned on Senators that HIV/AIDS total to 34.4 million infections world this purpose, I do not believe that ex- legislation and programs designed to wide. 2.8 million people died of the dis- tending more loans to nations cur- address the spread of AIDS are worth- ease last year. This does not have to rently facing crippling debt burdens less unless they recognize and address be. We know how to prevent the spread will, in the long run, prove to be the seriously the moral and behavioral fac- of the disease. We have the means to most useful strategy. Grants and no tors associated with the transmission treat the virus and the opportunistic strings attached assistance, the aid of the disease. diseases that kill those infected with provided in this bill, are what is need- There is only one 100 percent effec- HIV/AIDS. Millions of lives can be ed. tive way to stop the spread of AIDS, saved through both treatment and pre- I want to make it clear that this bill and that, of course, is abstinence and vention. Through cooperation we can represents only the beginning of the faithfulness to one’s spouse. And it is be successful. We must challenge other United States’ commitment to fighting through churches that this message donors to dedicate the necessary re- HIV/AIDS. Sustained dedication of re- will be effectively promoted and ac- sources to achieve our aim. sources will be needed to continue the cepted, not through government bu- The bill also authorizes $300 million fight, and we in the Senate must en- reaucracies. It is no exaggeration to in bilateral assistance to stop the sure that such resources continue to be say that policymakers refusing to face spread of the disease, and to treat it. channeled towards eliminating the up to this obvious fact will be culpable While I strongly believe that a multi- threat of HIV/AIDS. This bill is a good in the deaths of millions. lateral approach must be developed to first step in our efforts. Mr. President, approval of this bill respond to the HIV/AIDS epidemic, I Mr. FRIST. Mr. President, a bipar- tisan group of members of the Senate will be an important accomplishment, also believe that the United States Foreign Relations Committee have and if its provisions are properly imple- should do all it can right now to de- today sent to the Senate for consider- mented it will save lives. The Foreign liver targeted assistance to specific re- ation a landmark legislative initiative Relations Committee will work dili- gions and specific treatment programs. to combat one of the great human trag- gently over the next two years to en- The problem of HIV/AIDS is urgent. Bi- edies of our time, the HIV/AIDS epi- sure that the intent of Congress is un- lateral assistance programs can be demic. The Global AIDS and Tuber- derstood and carried out. funded and programs carried out right culosis Relief Act of 2000 reflects the Mr. BIDEN. Mr. President, I cannot away, and they should be. combination of many initiatives pro- tell you how pleased I am that the Sen- Assistance is desperately needed, for posed by members of the Foreign Rela- ate will finally pass the Global AIDS example, in Africa. The countries in tions Committee. All initiatives share and Tuberculosis Relief Act. HIV/AIDS the sub-Saharan region cannot wait for a common purpose of arresting the has been acknowledged as the 21st cen- the negotiation of a Would Bank Trust progress of the disaster and caring for tury’s bubonic plague. It is having a Fund; they must have help now. The the victims so far. devastating impact in Sub-Saharan Af- news which came out of the Inter- national AIDS Conference in Durban The initiative cannot come too soon. rica, destroying the very fabric of Afri- The cost in human life and produc- can societies. And while Africa is the was grim. Gross Domestic Product could be cut by as much as 20% due to tivity, as well as the potential societal present day epicenter, there is no guar- and economic disruptions AID has and antee that the disease will not spread the impact of HIV/AIDS in some Afri- can countries, according to a study re- will cause assure us of one distinct pos- throughout the world in a manner that sibility: All goals of the United States is just as devastating. No corner of the leased at the conference. African coun- tries are among the poorest in the in Africa and the developing world— globe is immune. goals we share with them—will be seri- HIV/AIDS is the only health related world. They cannot afford to have their incomes diminished to such a degree. ously compromised, if not completely issue that has ever been the subject of undermined, by AIDS. Growing trade, a meeting of the United Nations Secu- According to the World Bank, AIDS is now the fourth leading cause of better education and health, stronger rity Council, and the only one that has democracies, efforts toward peace—all been the subject of a Security Council death worldwide and the leading cause of death in Sub-Saharan Africa. At all levels, will be undermined by a disease that is Resolution. Why? Because it poses a se- the impact of AIDS in Africa is staggering: positioned to sap the life from the most vere risk to every nation in the inter- At the regional level, more than 13 million promising and productive generations. national community, but most espe- Africans have already died, and another 23 Two characteristics of this pandemic cially to developing nations which do million are now living with HIV/AIDS. That that distinguish it from the other great not have the means to either treat is two-thirds of all cases on earth. At the na- killers have impressed me the most tional level, the 21 countries with the high- those living with the disease, or to edu- and shaped the Senate’s recent initia- cate those at risk of contracting the est HIV prevalence in the world are in Afri- ca. In Botswana and Zimbabwe, one in four tive to support the efforts to combat disease about how to avoid infection. adults is infected. In at least 10 other Afri- HIV/AIDS worldwide. I believe that it is past time for the can countries, adult prevalence rates exceed The first is the fact that AIDS affects United States to step forward and lead 10 percent. At the individual level, a child the younger members of a community the way in efforts aimed at stopping born in Zambia or Zimbabwe today is more in their most productive years. It thus the spread of the HIV/AIDS. This bill likely than not to die of AIDS at some point contorts and eventually turns on its does just that. The funding levels this in her lifetime. In many other African coun- head the already strained economic bill authorizes significantly increase tries, the lifetime risk of dying of AIDS is equation by effectively reversing the the level of U.S. assistance to combat greater than one in three. The HIV/AIDS epi- demic is not only an unparalleled public proposition of dependants to produc- HIV/AIDS. One of the key elements of health problem affecting large parts of Sub- tive members of a family. In short, it this legislation is an authorization for Saharan Africa, it is an unprecedented has struck at the heart of the extended the Secretary of the Treasury to enter threat to the region’s development. In many families, changing the breadwinners into negotiations with the World Bank countries, the disease is reversing decades of from a source of needed food or income to create a Trust Fund, the purpose of hard-won development progress. to a burden. That is to say nothing of which is the eradication and preven- We cannot ignore these facts. The the grief, personal loss and often shame tion of the spread of the virus. time to act is now. The sooner we ad- associated with death from AIDS.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7621 The second is that the estimated by UNAIDS as ‘‘AIDS orphans.’’ South However, our job is to determine how number of orphans from AIDS in Afri- Africa is expected to have one million best to use our limited resources to ca, for example, already exceeds 10 mil- AIDS orphans by 2004. An estimated 10 maximize their potential for good on lion, and is expected to approach 40 million or more African children will the African continent. These are life million in coming years. Many of those have lost either their mother or both and death decisions which cannot be children will themselves be HIV-posi- parents to AIDS by the end of the year addressed simply by allocating more tive. The prospect of 40 million chil- 2000. In some urban areas of Africa, or- funds, confident that we have thus dren without hope, health and often phans comprise up to 15 percent of all done our part. How we direct or allo- without any support whatsoever is as children. Many of these children are cate those resources has the potential dangerous as it is tragic. These chil- themselves infected with HIV/AIDS and to significantly affect the situation. dren are susceptible to substance often face rejection from their ex- Questions and issues involved in life abuse, prostitution, banditry or, as we tended families and from their commu- and death decisions are not easy. They have seen so often on the continent, nities. are decisions based on the under- child soldiery. It will be an economic In its January 17, 2000 issue. News- standing that you cannot help or save strain on weakening or completely bro- week projected that there will be 10.4 all in need in a situation, but must ken economies, and an extremely vola- million African AIDS orphans by the make decisions based on the best infor- tile element in strained societies. end of 2000. UNAIDS reports that AIDS mation and understanding of your The human cost of AIDS is already orphans, suspected of carrying the dis- strengths and limitations. alarmingly high, and the trends are in- ease, generally run a greater risk of Over the next two years, the legisla- creasingly terrifying—even apoca- being malnourished and of being denied tion authorizes $300 million per year lyptic. an education. for ongoing HIV/AIDS programs world- Sub-Saharan Africa has been far At current infection and growth wide. That represents a significant in- more severely affected by AIDS than rates for HIV/AIDS, the National Intel- crease in our commitment and is well any other part of the world. It is our ligence Council estimates that the above the President’s request. The greatest challenge. I have seen the ef- number of AIDS orphans worldwide United States has been a leader in fects of its ravages on the people of will increase dramatically, potentially AIDS prevention programs and in AIDS that continent firsthand. The potential increasing three-fold or more in the treatment and programs to mitigate is clearly written in the appalling sta- next ten years, contributing to eco- the devastating societal and economic tistics of the disease today. nomic decay, social fragmentation, and effects of the epidemic. We should con- According to December 1999 United political destabilization in already tinue that leadership and even Nations data, some 23.3 million adults volatile and strained societies. Chil- strengthen it. and children are infected with the HIV dren without care or hope are often Additionally, the legislation author- virus in the region, which has about 10 drawn into prostitution, crime, sub- izes $100 million to the Global Alliance percent of the world’s population but stance abuse or child soldiery. for Vaccines Initiative, know by its ac- nearly 70 percent of the worldwide The majority of governments in ronym, GAVI, which receives both pub- total of infected people. In Botswana, areas of sub-Saharan Africa facing the lic and private funding to provide ex- Namibia, Zambia, and Zimbabwean es- greatest burden of AIDS orphans are isting vaccines to children worldwide, timated 20 percent to 26 percent of largely ill-prepared to adequately ad- and to provide incentives for the devel- adults are infected with HIV, and 13 dress the rapid growth in the number opment of new vaccines. Often, compa- percent of adults in South Africa were of children who have no means of sup- nies determine that it is not possible to infected as the end of 1997. port, no education nor access to other commit the capital to research and de- An estimated 13.7 million Africans opportunities. velopment toward developing vaccines have lost their lives to AIDS, including Donors must focus on adequate prep- for diseases such as malaria. While the 2.2 million who died in 1998. The overall arations for the explosion in the num- potential number of recipients is great, rate of infection among adults in sub- ber of orphans and the burden they will the potential number of purchasers is Saharan Africa is about 8 percent com- place on families, communities, econo- very small. By providing a clear pur- pared with a 1.1 percent infection rate mies, and governments. Support struc- chaser for the future, GAVI addresses worldwide. tures and incentives for families, com- much of the questions involving the AIDS has surpassed malaria as the munities and institutions which will risks of investing in such research. leading cause of death in sub-Saharan provide care for children orphaned by The legislation goes beyond incen- Africa, and it kills many times more HIV/AIDS, or for the children who are tives alone. Over two years, it commits people than Africa’s armed conflicts. themselves infected by HIV/AIDS, will $20 million to the International AIDS Sub-Saharan Africa is the only re- become increasingly important as the Vaccine Initiative, or IAVI, a group gion in which women are infected with number of AIDS orphans increases dra- which is committed to developing the HIV at a higher rate than men. Accord- matically. ultimate weapon against the continued ing to UNAIDS, women make up an es- By providing a knowledge, skills, and spread of HIV: a vaccine. timated 55 percent of the HIV-positive hope orphaned children might not oth- The legislation does not seek to act adult population in sub-Saharan Afri- erwise have, education is an especially unilaterally, but has two critical ele- ca, as compared with 35 percent in the critical part of a long term strategy. ments which will help use our leader- Caribbean, the next highest-ranking re- Education is the key to providing op- ship position to leverage greater co- gion, and 20 percent in North America. portunity and fighting poverty, and operation to combat the epidemic. Young women are particularly at risk. education is essential to winning the First, it seeks to establish a global A U.N. study found girls aged 15–19 to battle against the HIV/AIDS epidemic. trust for programs to combat the be infected at a rate of 15 percent to 23 The legislation does not focus solely transmission of HIV and to respond to percent, while infection rates among on Africa, but reflects the fact that the the devastation of AIDS. Under the leg- boys of the same age were 3 percent to grip of the disease is tightening around islation, the United States can con- 4 percent. the developing world. Some of the tribute up to $150 million per year for The African AIDS epidemic is having mechanisms are new and yet untested. two years to capitalize the fund. Of a much greater impact on children But in their design, their potential for that, $50 million annually is specifi- than is the case in other parts of the being the most effective tools at our cally targeted to address the great world. An estimated 600,000 African in- disposal is clear. human tragedy and most daunting fants become infected with HIV each We need to be mindful that the challenge of AIDS orphans. Undoubt- year through mother to child trans- United States can be a great force for edly, the initial generous contribution mission, either at birth or through good in the world. Certainly, Ameri- of the United States will spur many breast-feeding. cans are very charitable and compas- more commitments from other nations. At least 7.8 million African children sionate people, and the political will The legislation does not leave the have lost either their mother or both exists to take a more aggressive pos- question of orphans to the trust fund parents to AIDS, and thus are regarded ture toward combating AIDS. alone. It also directs the United States

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7622 CONGRESSIONAL RECORD — SENATE July 26, 2000 to begin coordinating a global strategy Children born within the past 5 years These are all important develop- to address the orphans crisis, espe- in Namibia, Swaziland and Zimbabwe ments. Access to these pharmaceutical cially in caring for them and educating can expect to die before the age of 35. products has historically been pre- them. This is in addition to the specific Without AIDS, their life expectancy vented by high price, and these compa- focus on education and care of orphans would have been 70. In addition, a new nies should continue to work with gov- in Africa mandated in the initial au- and very troubling statistic was an- ernments and philanthropies like the thorization of ongoing programs and in nounced this week: UNAIDS reported Bill & Melinda Gates Foundation— the trust fund. Only education can pro- that 55 percent of all HIV-infections which today is announcing another $90 vide the tools for these children to es- were in women. So AIDS is not only million in grants to combat AIDS in cape the poverty, violence and exploi- robbing societies of young women but the developing world. The contribution tation that they will often face. The also of the child they might have had. made by Bill and Melinda Gates to strong emphasis on this explosive and It is not hyperbole to say that this is fighting infectious diseases cannot be frightening problem is one of the most Africa’s worst social catastrophe since overstated. Through their philan- forward looking approaches to inter- slavery, and the world’s worst health thropy, they have given countries national health yet considered by Con- crisis since the bubonic plague. which are being ravaged by disease a gress. I cannot overemphasize the im- Other parts of the world are going fighting chance. down the same path as Africa. Infec- portance of these provisions. Fighting and winning the war The legislation also addresses the in- tion rates in Asia are climbing rapidly, against AIDS is more than just giving creasing threat of tuberculosis world- with several countries, especially away medicine. We must continue to wide. The diseases’ resurgence is a India, on the brink of large-scale ex- bolster the research into a cure. To clear and direct threat to the United pansion of the epidemic. When I was in this end, a number of significant bio- States’ public health. Astonishingly, India in December, epidemiologist from medical breakthroughs have come out the World Health Organization esti- our government as well as Indian offi- of Durban. The most significant is the cials admitted that the number of mates that one third of the world’s announcement by the International cases in Asia could surpass those of Af- population is infected with tuber- AIDS Vaccine Initiative of human rica by the year 2010. trials of a new vaccine candidate culosis. With the increasingly drug re- In addition, countries of the former against AIDS. Development of an effec- sistant strains of the disease emerging Soviet Union and Eastern Europe are tive AIDS vaccine is critical especially yearly, the urgency of the initiative is especially vulnerable, as Russia is ex- in Africa where preventive measures— critical. The legislation authorizes $60 periencing one of the highest increases such as encouraging change in high- million each year for two years for pro- in infection rates of any single country risk behaviors and debunking deadly grams to combat the disease. That fig- in the world last year. Is this the kind myths—will do little to slow the spread ure represents a substantial increase in of world we want for the 21st century? of HIV in countries which have a 20 or our efforts to ensure our own safety In this age of remarkable biotechnical 25 percent infection rate. It is clear and health and to combat the scourge and biomedical breakthroughs, when worldwide. we have cures of impotence and treat- that the only hope for these countries Overall, this legislation represents a ments for depression, do we want to ig- is a cure: that means, developing an ef- clear recognition of the importance to nore a public health crisis of biblical fective vaccine and assuring its afford- our own health and security to com- proportions? When we’re talking about able distribution. And, we have a responsibility to act bating infectious disease worldwide. the democratization of the developing in this increasingly intertwined world More significantly, though, it is a mon- world, when we’re talking about the because, together with all the benefits umental new commitment by the triumph of capitalism and open mar- associated with globalization, we also United States to combat the death and kets, when we’re talking about the suffering of our fellow humans. It is a benefits of globalization, we cannot re- now are facing a range of new threats great demonstration of America’s gen- main silent—as rich as we are in tal- that know no borders and move with- erosity and our hope to improve the ent, technology and money—about the out prejudice—international crime, lives and potential of all people. threat AIDS poses to our national se- cyber-terrorism, drug-trafficking and Mr. KERRY. I am pleased to join the curity. infectious diseases. distinguished chairman of the Foreign Mr. President, last week, the 13th an- We are seeing a rise in the number of Relations Committee, Mr. HELMS, and nual International Conference on AIDS previously unknown lethal and potent the Chairman of the Africa Sub- was taking place in Durban, South Af- disease agents identified since 1973— committee, Dr. FRIST, in bringing this rica. It was the first time this inter- the ebola virus, hepatitis C, drug-re- very important bill to the Senate. national conference is being held in a sistant tuberculosis, West Nile virus Mr. President, the human toll of the country in the epicenter of the AIDS and HIV. These diseases affect all of us, AIDS crisis in Africa is stupefying. pandemic in the developing world. including American citizens. New More than 30 million people now live A number of important break- Yorkers know the scare associated with AIDS and annual AIDS-related fa- throughs have been announced from with these heretofore unknown dis- talities hit a record 2.6 million last the Conference and the Senate should eases—last summer New York City was year. Ninety-five percent of all cases be aware of them: held captive by an encephalitis scare are found in the developing world. Pharmaceutical companies have an- and new outbreaks this year have al- AIDS is now the leading cause of death nounced that they are prepared to offer ready been spotted in pigeons. There in Africa and the fourth leading cause their life-extending therapies to the de- was a shock in the scientific commu- of death in the world. In at least 5 Afri- veloping world at no cost or at a very nity when it was discovered that out- cans countries, more than 20 percent of discounted rate. Merck will provide break of the mosquito-borne disease in adults are HIV-positive. Botswana with $100 million in medicine New York was not, as scientists had be- The AIDS epidemic is more dev- over the next five years. Abbott Lab- lieved, St Louis encephalitis: instead, astating than wars: in 1998 in Africa, oratories confirmed that it will ini- it was a deadly variant of West Nile 200,000 people died from armed conflict; tiate a charitable program in Tanzania, virus, a disease hitherto found only in 2.2 million died from AIDS—more than Burkina Faso, Romania and India. Africa, the Middle East and parts of 5,000 Africans died every day from the Boehringer Ingelheim will give away West Asia. United States health offi- disease. one of the most important drugs in pre- cials now fear that the disease may This week, the U.S. Census Bureau venting the transmission of HIV from now become prevalent in the Ameri- announced new demographic findings mother to child—Viramune—to devel- cans. Similarly, it is foolhardly and for Africa. Because of AIDS, Botswana, oping countries over the next 5 years. dangerous to believe that any infec- Zimbabwe and South Africa will expe- Similarly, Pfizer recently promised to tious disease can be adequately con- rience negative population growth in give South Africa its effective prod- tained in one region. We are all at-risk. the next five years. Without AIDS, uct—Diflucan—which is used for treat- Militaries are not immune; in fact, these countries would have experienced ing a deadly brain infection associated they are in some cases even more sus- a 2–3 percent increase in population. with AIDS. ceptible to upheaval and instability

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7623 from infectious diseases, especially and some of the actions sometimes baf- colleagues. It includes initiatives that AIDS. Some militaries in Africa have fle western observers. Some critics Congresswoman NANCY PELOSI, Senator HIV-infection rates which top 40 per- have recently pointed to the questions FRIST and I began many months ago to cent. These military forces could be raised by President Thabo Mbeki of speed vaccine development, to deal part of the solution for democratiza- South Africa as to the origins of AIDS with AIDS orphans and to alleviate the tion in Africa in terms of peacekeeping and as to the proper course of treat- suffering of those infected with HIV on and conflict prevention; instead, Afri- ment. When it comes to dealing with the African continent. It also incor- can armed services are losing their AIDS, there are moral questions, there porates the plan Senator FRIST, Con- military effectiveness and adding to are budgetary constraints, there are gressman LEACH and I have devised to the social instability. political decisions. But there are also inaugurate AIDS prevention grants It is projected that Africa will be some biomedical truths. Senator FRIST from the World Bank. Senator DURBIN home to 40 million children, orphaned and I have discussed these issues with and I proposed a plan to assist AIDS by AIDS, by the year 2010. Zambia is a the distinguished ambassador from orphans, and the spirit of that legisla- country of 11 million people—half a South Africa and followed up with tion is found throughout this bill. Sen- million of them will be AIDS orphans. President Mbeki when he came to ator BOXER and Senator GORDON SMITH We know from other regions of the Washington on a state visit. Leader- have called for funding increases to world—like Cambodia and Burma—that ship is necessary from both the United AIDS prevention programs in Africa; exploited children are common targets States and from Africa—this issue can- Senator MOYNIHAN and Senator FEIN- by rogue militias and narco- and other not be solved by one nation alone. But GOLD have a proposal to target money criminal organizations. It is clearly in no one country can ignore it either. to prevent further infection among in- our interest to stem this activity. President Mbeki has focused his atten- fants. Their contributions can be seen Likewise, economies are not im- tion on fighting the AIDS epidemic by in this bill. mune. In fact, development of the last fighting poverty. In his remarks in The work of the appropriators has 20 years is being reversed in the coun- Durban, he missed an opportunity by been and will continue to be vital in tries hardest-hit by AIDS. AIDS cost refusing to state unequivocally that funding programs to assist Africa. I Namibia almost 8 percent of its GDP in HIV causes AIDS. And, I fear, his ques- commend Senator LEAHY and Senator 1996. Tanzania will experience a 15 to 25 tions will allow those who engaged in MCCONNELL for increasing funding for percent drop in its GDP because of risky and unsafe practices to continue. the existing appropriations accounts AIDS over the next decade. Over the Only bashing pharmaceutical compa- on global health in the Foreign Oper- next few years, Kenya’s GDP will be nies is not helpful in the fight against ations bill and I am very grateful that 14.5 percent less than it would have AIDS, and the participants at the they have agreed to fund the Global Al- been absent AIDS. AIDS consumes International Conference on AIDS liance for Vaccines and Immunizations (GAVI) which I have been urging for a more than 50 percent of already meager rightly passed a resolution in support year now. health budgets. In many African coun- of the tested science of AIDS. I would also like to acknowledge the One can argue—and I do not at all tries, the total annual per capita significant contribution of the distin- subscribe to that argument—that Afri- health-care budget is $10. 80 percent of guished Senator from North Carolina, the urban hospital beds in Malawi are ca does not matter to the security in- Mr. HELMS. I commend the Chairman terests of the United States. Some even filled with AIDS patients—all is a di- and our ranking member, Senator rect threat on evolving democratic de- mock the suggestion. I believe that BIDEN, for their leadership. They have this is not an issue of which any decent velopment and free-market transition. ensured that this session will not close rational human being can be Mozambique and Botswana have two of until we have passed the largest single dismissive. One humanitarian terms, the world’s fastest growing economies response by our Nation to the global but this economic growth cannot be on political terms, on cultural terms, AIDS epidemic. maintained when those countries’ on economic terms, on historical It is my hope that the other body workforces are being decimated with terms, no one should dare be will move to pass these vital proposals the daily deaths of hundreds of people dismissive. We are linked to everything with all necessary speed. It is clearly in their most productive years. In the that is happening in Africa, starting in our national interests—security, Cote d’Ivoire, a teacher dies of com- back to our nation’s and civilization’s economic, political, health and moral— plications associated with AIDS every earliest history, and we are now tied by to do all we can to solve this crisis. Let school day. In South Africa, businesses the new forces of globalization and me be clear on this, Mr. President, my owners often hire and train two em- technology. And I hope that we will al- commitment to this issue is not transi- ployees for one job, knowing that one ways be tied by who we are and what tory. I will not rest on this legislative will probably die from AIDS. we are as nation. This really tests the victory. I will be back next year and As we celebrated the passage this fiber of our country, in a sense, and every year after that until this public year of the Africa Trade bill, how can questions whether we are prepared to health disaster is over. we seriously think that a vibrant mar- deal with this threat. Mr. FEINGOLD. Mr. President, I rise ket for products or investment can be But even if you subscribe to the view in support of the Global AIDS and Tu- formed on a continent which will lose that the AIDS disaster in Africa is not berculosis Relief Act of 2000. This bill up to 20 percent of its population in the a threat to our national security, you recognizes the awesome and terrible next decade? To lure investors, the have to at least recognize that unfet- scope of the HIV/AIDS epidemic, and continent has already had to battle tered spread of this horrendous virus to responds with what is truly required to underdevelopment and racism, but other regions of the world—including address it—a program far more com- now, some people in the developed North America—is certainly a threat. prehensive and substantial than what world will see Africa as only as a place As goes Africa, so goes India and is entailed in the status quo. of disease. This is wrong and it is a di- China—and no one in this Senate can The numbers one must use to de- rect threat to our national economic make the argument that an India or a scribe the crisis are numbing. More interests. China, destabilized by a public health than 70 percent of all people living with Governments are not immune. This catastrophe, can be ignored in terms of AIDS live in sub-Saharan Africa, and epidemic is causing leadership crises in our national security interests. as the ranking member of the Senate some African countries. President Ben- The window of opportunity is now Subcommittee on Africa, I have seen jamin Mkapa of Tanzania reported last open to making a real difference in Af- firsthand the devastating toll that the week that ‘‘some ministries lose about rica and improving global health, and disease has taken in the region. In Af- 20 employees each month to AIDS.’’ that is why I am so pleased that the rica alone, 15,900,000 people have died African governments are grappling Senate is acting with all dispatch to because of AIDS, and the World Bank with the devastation wrought by HIV make a significant contribution to has identified the disease as the fast- on their economies and their societies. fighting the epidemic in Africa. This est-growing threat to development in It is difficult to fathom the challenges bill builds upon the work of many of the region. Life expectancies are drop- they face with this public health crisis, our most thoughtful and distinguished ping dramatically, and the social fall-

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7624 CONGRESSIONAL RECORD — SENATE July 26, 2000 out from this horrific upheaval has lations Committee. When he was future years to continue this effort. I forced us to confront the disease not speaking about the AIDS crisis, he am hopeful that the Senate will con- just as an epidemiological threat, but spoke of its impact and of the place the tinue to treat the issue of infectious as a security threat as well. Nearly epidemic has already taken in history, diseases with the seriousness it de- 4,500,000 children have HIV and more and said, ‘‘All of us will have to ask serves. are being infected at the rate of one ourselves, when our careers are done, There are 34 million people today liv- child every minute. According to did we address this problem?’’ This bill ing with HIV/AIDS, and one-third of UNAIDS, by the end of 1999, AIDS had is an important part of the answer to the world’s population is infected with left 13,200,000 orphaned children in its that question. tuberculosis. Much more needs to be wake. Mrs. BOXER. Mr. President, today done, and I am proud of the Senate for This bill is a serious effort to con- the Senate is taking a big step forward taking this action today. front this monstrous crisis. It will pro- in the fight against international AIDS Mr. BENNETT. Mr. President, I ask vide hundreds of millions of dollars in and Tuberculosis. Today’s passage of unanimous consent that the bill be assistance to strengthen prevention ef- H.R. 3519, the Global AIDS and Tuber- read a third time and passed, as amend- forts, to combat mother-to-child trans- culosis Relief Act of 2000, will help ed, the motion to reconsider be laid mission, to improve access to testing, those throughout the world who are upon the table, and that any state- counseling, and care, and to assist the suffering from these deadly infectious ments relating to the bill be printed in orphans left in the wake of the disease. diseases. the RECORD. Through a new AIDS trust fund, it will I am particularly pleased that this The PRESIDING OFFICER. Without leverage U.S. assistance with a multi- legislation includes two bills that I in- objection, it is so ordered. lateral approach and through innova- troduced earlier in the 106th Congress. The bill (H.R. 3519), as amended, was tive partnerships with the private sec- In February, I introduced the Global read the third time and passed. tor. The bill provides support to the AIDS Prevention Act (S. 2026). This f Global Alliance for Vaccines and Im- legislation authorizes $300 million in TREASURY AND GENERAL GOV- munizations and to the International bilateral aid for those nations most se- ERNMENT APPROPRIATIONS ACT AIDS Vaccine Initiative, so that even verely affected by HIV and AIDS. It OF 2001—MOTION TO PROCEED— as we address the urgent needs of the calls on the United States Agency for Continued present, we work toward a solution in International Development to make Mr. BENNETT. Mr. President, I will the future. The bill insists that AIDS HIV and AIDS a priority in its foreign now turn to the subject that has been education be provided to troops trained assistance program and undertake a raised today and yesterday and last under the auspices of the African Crisis comprehensive, coordinated effort to week and repeatedly in the last few Response Initiative. It recognizes the combat HIV and AIDS. This assistance weeks. That is the subject of why the inextricable link between HIV/AIDS will include primary prevention and Senate is not proceeding on the pace and the resurgence of tuberculosis. It education, voluntary testing and coun- and with the vigor we all think it goes beyond the President’s request seling, medications to prevent the should. We have heard from the Sen- and beyond anything that this Con- transmission of HIV and AIDS from ator from Rhode Island and others gress has contemplated since the epi- mother to child, and care for those liv- today about how the majority leader demic began. ing with HIV or AIDS. has somehow dictatorially brought ev- The bill is not perfect, of course. The H.R. 3519 also includes legislation I erything to a terrible halt and needs are great and the problem multi- introduced last year, the International wouldn’t it be wonderful if we went faceted. I would still like to see this Tuberculosis Control Act (S. 1497). This back to the great spirit of cooperation Congress address the important issue bill authorizes $60 million in aid to and comity that allows us to get things of access to pharmaceuticals, and to fight the growing international prob- done. I agree absolutely that it would put strong language into statute that lem of tuberculosis. With this legisla- be wonderful to return to the spirit of would prohibit the executive branch tion, the United States Agency for cooperation and comity that would from pressuring countries in crisis to International Development will coordi- allow things to be done, but I think it revoke or change laws aimed at in- nate with the World Health Organiza- is pointing the finger in the wrong creasing access to HIV/AIDS drugs, so tion, the Centers for Disease Control, place to attack the majority leader. long as the laws in question adhere to the National Institutes of Health, and Let me share with you my experience existing international regulations gov- other organizations toward the devel- this last week. Monday of this week erning trade. This bill does not absolve opment and implementation of a com- was July 24, which in my home State is this Senate of a continued responsi- prehensive tuberculosis control pro- the biggest day of the year. July 24 bility to address the global AIDS crisis. gram. This bill also sets as a goal the happens to be the day that Brigham But it is remarkable, all the same. detection of at least 70 percent of the Young and the first group of Mormon This bill has the unanimous support cases of infectious tuberculosis and the pioneers entered Salt Lake Valley and of the Senate Foreign Relations Com- cure of at least 85 percent of the cases put down roots that have now become mittee. Senators HELMS, BOXER, FRIST, detected by 2010. not only Salt Lake Valley but the KERRY, and BIDEN have worked on it H.R. 3519 has other important provi- State of Utah. Every year we celebrate tirelessly. It includes provisions origi- sions as well. The bill includes a $10 that historic event with a major pa- nally drafted in the Mother-to-Child million contribution to the Inter- rade. It is one of the requirements for HIV Prevention Act, a bill authored by national AIDS Vaccine Initiative and a a politician to be in that parade. Sen- Senator MOYNIHAN of which I was $50 million contribution to the Global ator HATCH and I always confer about proud to be an original co-sponsor. It Alliance for Vaccines and Immuniza- whether or not we will be able to make reflects the admirable work of the tions. It also contains provisions call- the parade because we don’t want to House and in particular of Congress- ing for the establishment of a World miss votes. There have been times woman BARBARA LEE and Congressman Bank AIDS Trust Fund with the Sec- when we have had to miss the parade LEACH, and it should reach the Presi- retary of the Treasury authorized to to be here to do our appropriate duty. dent’s desk quite quickly. Rarely does provide $150 million for payment to the On Friday of last week, I went to the such a substantive, ground-breaking fund. staff of the leadership and said: What is bill enjoy this degree of bipartisan con- I want to thank all of the members of going to happen on Monday? I was told: sensus. It is a tribute to my colleagues the Senate Foreign Relations Com- We will be on energy and water. There and a testimony to the undeniable mittee for their work on this legisla- will be amendments and there will be magnitude and urgency of the crisis tion. I am particularly grateful for the votes. that the Senate stands ready to pass efforts of Chairman HELMS in pushing I then went to the subcommittee this legislation today. this bill forward. chairman of the Appropriations Com- Just days ago, U.S. Ambassador to This is an important step in the fight mittee and said to him—this being Sen- the United Nations Richard Holbrooke against AIDS and TB. I have no doubt ator DOMENICI—how important will the testified before the Senate Foreign Re- that greater resources will be needed in votes be and how many will there be?

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7625 Senator DOMENICI said: Well, there explain what is going on. They don’t situation where you can then run will be several votes, but I think they understand what the motion to proceed against a do-nothing Congress. will be relatively unimportant ones. is. They don’t understand the rules of I remember the first person to run They will not be close. the Senate. You talk to them about against a do-nothing Congress—Harry I said: Well, Senator, I think under unanimous consent agreements that Truman. I remember what Harry Tru- those circumstances, I will go to Utah are not being agreed to, agreements man did. It was very different from and ride in the July 24 parade. If you that are made between the two leaders what is being done here. Let’s get a lit- can assure me that it will not create an that then get set aside and cloture pe- tle history here. undue hardship for you with respect to titions, their eyes glaze over when you Harry Truman was President of the passing important amendments that start talking like that. They come United States by virtue of Franklin my vote would not be absolutely essen- back to you—these are my constitu- Roosevelt’s death. He had not run for tial, I think I will go to Utah. ents—and they say: Why aren’t you President, he had not been elected, and He told me: Senator, you can go to getting your work done? he was not very popular in the country. Utah. I will see to it that the amend- When you have to make these kinds The Republicans controlled both ments that we vote on on Monday will of explanations, the public gets impa- Houses of Congress as a result of Harry not be so close that your vote would tient, which plays into the hands of Truman’s lack of popularity, and they have made that much of a difference. those whose electoral strategy is run were absolutely sure they were going So I went to Utah. When I got back, against a do-nothing Congress. I have to win the 1948 election. So they were I said to my staff: How many votes did started to use that language, as I ex- determined they were not going to pass I miss and how important were they? I plain to my constituents why we are any legislation that Harry Truman found out I didn’t miss any votes. The not getting the people’s work done. I could veto. They were going to wait Senate didn’t vote. Why? The Senate say to them very deliberately—and it until Thomas Dewey became President didn’t take up the bill. Why? Because pains me because I do not want to cast of the United States, and then they the minority objected to the motion to clouds over this institution, but I be- were going to pass their legislation for proceed, and the majority leader was lieve I have to say it anyway—there a President who would sign it. required to file a cloture motion on the are those who want to run against a do- They held the Republican National motion to proceed to consider the bill. nothing Congress who are determined Convention, and in the convention they I have made the statement in this to create a do-nothing Congress. And in outlined all of the things they were Chamber before that based on my expe- the Senate, the rules are such that you going to do, once they were in power, rience, I can remember a time when no can do that. The rules are such that in both the Congress and the executive one ever objected to a motion to pro- even if you are in the minority, if you branch. Well, Harry Truman called ceed. A filibuster on the issue of the want to bring this place to its knees their bluff. Harry Truman said: If motion to proceed was something that and bring it to a halt, you can do that. that’s what the Republicans really will was unheard of from either side. We I have been in the minority. I have do when they are in charge, let them have been told this afternoon ‘‘couldn’t heard some of my fellow party mem- do it now. He called the Congress back we go back to the time when people got bers in the minority say: We have to into session after the Republican con- along with each other’’ from the same bring this place to a halt; we have to vention and said to them: Here is your side of the aisle that has said: We will shut it down. I am glad I didn’t partici- opportunity. Here is your platform. filibuster the motion to proceed. pate in the attempts on the part of the Pass your platform. So the majority leader had to file a minority to shut this place down when Well, Robert Taft, who was the domi- cloture petition. He filed the cloture George Mitchell was the majority lead- nant Republican—the man whose pic- petition. We voted on it. When we er; when George Mitchell did many of ture graces the outer lobby here as one voted on it, it was passed overwhelm- the things that TRENT LOTT is now of the five greatest Senators who ever ingly, if not unanimously. That raises being accused of doing; when George lived—made what I think was a mis- the question: Why did we go through Mitchell said: We have to do the peo- calculation. He thought Harry Truman this exercise? Why couldn’t we have ple’s business, even if it means, as ma- was so unpopular in the country at been on the bill at the time we were jority leader, I exercise something of large that the Congress could thumb scheduled to be on the bill? Why are we an iron fist to make sure we do the its nose at the President of the United in this situation now when we are people’s business; I will do it and we States, and he said: We are not going under a cloture situation running off 30 will get the people’s business done. to do anything in this special session hours on the clock so we can then fi- Those on this side of the aisle who said that the President has called us into. nally get around to voting on the bill, in my hearing, ‘‘let’s shut this place We are not going to play his game. knowing that as soon as we get down,’’ did not prevail. So the Republican Congress ad- through with this one, there will be an- I did not participate with them, and journed after that special session with- other one where there will be objection I am proud of that fact, that we did not out having done anything—delib- to the motion to proceed, the require- attempt to shut this place down. Were erately, without having done anything. ment that a cloture petition be filed, we frustrated? Absolutely. Were we Harry Truman then went out and ran and the running off the clock again? upset? Absolutely. Did we engage in against the do-nothing 80th Congress There are various ways to defeat leg- filibusters, yes, straight up. My as- and got himself elected in his own islation. One of them is to delay it. I signed time was from 1 to 2 o’clock in right as President of the United States. said once before, I worry this Chamber the morning in a filibuster, when It was one of the great political moves has started to move from being the George Mitchell said: If the Repub- of this century. world’s greatest deliberative body to licans are going to filibuster us, let’s That is not what we are dealing with being the world’s greatest campaign go around the clock. I was very up here. We are not dealing with a Repub- forum. I am distressed by reports in front about it. I believed the bill that lican Party that doesn’t want to act. the popular press that say that the we were talking about was sufficiently We are not dealing with a Republican Vice President and his party intend to bad that I was willing to take my turn Party that doesn’t want to solve the run against a do-nothing Congress. We from 1 to 2 o’clock in the morning to people’s problems. We are dealing with are doing everything we can to make see to it that the bill didn’t pass. a Republican Party that is trying des- this a do-something Congress, but That is part of the game around here. perately to perform the one absolutely there are forces at work to try to cre- That is the way the rules are struc- required constitutional function that ate the prophecy of a do-nothing Con- tured. I have no problem with that. But the Congress has, which is to fund the gress into a self-fulfilling prophecy. objecting to the rule to proceed, which Government. We are trying to pass ap- It can be done in such a way that the is the kind of thing the public doesn’t propriations bills to fund the Govern- public at large doesn’t understand understand, but that all of us under- ment, so that there will not be a Gov- what is going on. The public at large stand, is a stealth filibuster. It is an ernment shutdown, there will not be a doesn’t know what cloture means. I go attempt to slip under the public aware- continuing resolution, there will not be home to my constituents and I try to ness, shut this place down, and create a a crisis at the end of the fiscal year.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7626 CONGRESSIONAL RECORD — SENATE July 26, 2000 When we try to move to the bills that have been before us the longest before taken the votes on abortion. I have will fund the Government, we run into we have a vote on the judges who may taken the votes on minimum wage. I procedural roadblocks on the part of have been nominated more recently, have taken the votes on Patients’ Bill those who are then talking about run- and it is terrible to hold a judge or any of Rights. I have taken the votes on ning against a do-nothing Congress. nominee for a long period of time. We prescription drugs for seniors. I have a That is what is going on here. need to give him or her a vote. We need record now that I will have to stand If we have to say it again and again to bring the names to the floor of the and defend before my constituents. and again, so that our constituents fi- Senate, and the minority leader should Those votes have been taken because nally begin to understand it, I am will- decide which name is brought to the the minority has had the right to bring ing to say it again and again and again. floor of the Senate. up every one of those issues and de- We have discovered that one of the I remember when I first came to this mand a rollcall vote. strategies being played out in this body, I was assigned to the Banking I don’t apologize for the fact that I great campaign forum is to take an Committee. There was a nominee sent backed the majority leader in his posi- amendment that is seen as a tough po- forward by President Clinton whom the tion that we don’t need to take those litical vote, bring it up, see it defeated, chairman of the Banking Committee votes again. While we are in the proc- and then the next week bring it up didn’t like. The chairman of the Bank- ess of trying to fund the Government again, and then complain when the Re- ing Committee at the time was, of and discharge our constitutional re- publicans say we have already voted on course, a member of President Clin- sponsibility, we don’t need to sidetrack that; we don’t need to vote on it again. ton’s own party. But his objection, as I that business to go over old ground. If Oh, yes, you do, says the leadership on understood it—and I may be wrong— there is an election that has come up the other side; let’s vote on it again. was that this particular nominee had so that there are new people here and If we vote on it again and defeat it, too much Republican background on the electoral balance has shifted, it ob- thinking, OK, we have had a debate and his resume, that this particular nomi- viously makes sense to take those we have taken our tough political nee had not been ideologically pure votes against. But to have the same votes and we have made it clear where enough for the chairman of the Bank- people in the same Chamber in the we stand on this issue, let’s move for- ing Committee. same Congress in the same session re- ward, no, we are told somehow when As I say, that is my memory, and I peat the votes again and again and you want to move forward without could be wrong. But that was the very again doesn’t make any sense when the bringing up this amendment again: strong position on the part of the process of debating each one of those You are thwarting the will of the Sen- chairman of the Banking Committee. votes again and again and again delays ate; you are turning the Senate into That nominee didn’t come up for a the whole legislative process to the another version of the House of Rep- hearing before the Banking Committee point that we get to what I sadly have resentatives if you won’t let us vote on for the entire 2 years that the Demo- come to the conclusion is the goal this controversial amendment a third crats controlled the Banking Com- here, which is to create a do-nothing time. mittee and that man was the chair- Congress so that some people can run If it gets voted on a third time, then man. Any attempt on the part of any- against a do-nothing Congress. it comes up a fourth time. If it gets body else to get that particular nomi- If it means the majority leader has to voted on a fourth time, it comes up a nation moving was thwarted by the get as tough as George Mitchell, if it fifth time. Every time the majority chairman. means the majority leader has to be as leader says: We have done that, we Now, what if the then-minority lead- firm as his predecessors, who were have debated that, we have voted on er, Senator Dole, had come to the floor Democrats who were firm in order to that, he is told: No, if you take a posi- and said we will not allow anything to move the people’s business, I support tion that prevents us from voting on it go forward until this nominee comes to the majority leader. It does not dis- again, you are destroying the sanctity the floor for a vote? grace this body. It does not take this of this institution. How would people have reacted to body away from its traditions. It is in Well, now we are being told we are that kind of action on the part of the the tradition of the body to move legis- interfering with the President’s con- minority leader if the entire minority lation forward and get the people’s stitutional right to appoint judges. I had gathered around him, and said: We business done. find that very interesting because this will stand with you, we will filibuster I applaud Senator LOTT for his cour- Congress has confirmed more judges in the motion to proceed, and we will do age and his leadership in moving us in an election year than previous Con- everything we can to bring the Senate that direction. gresses. Quoting from my colleague, to a complete halt until this nominee I yield the floor. the chairman of the Judiciary Com- that has languished in the Banking The PRESIDING OFFICER. The Sen- mittee, and therefore in a position to Committee for almost 2 years is ator from Oregon is recognized. have the statistics, there are fewer va- brought forward? I am pretty sure I Mr. BENNETT. Mr. President, will cancies in the Federal judiciary now know what George Mitchell would have the Senator yield for a leadership mo- than when the Democrats controlled told Bob Dole. I am pretty sure I know tion? the Congress and the Republicans con- what the majority leader would have The PRESIDING OFFICER. The Sen- trolled the White House in an election said under those circumstances. It ator from Oregon has the floor. year. If I may quote from Senator probably would not be as mild as the Mr. SMITH of Oregon. I yield to the HATCH: comments TRENT LOTT is currently Senator to make a request. Democrats contend that things were much making about the present demands UNANIMOUS CONSENT AGREEMENT better when they controlled the Senate. that are being made with respect to Mr. BENNETT. Mr. President, I ask Much better for them, perhaps. It was cer- specific judges by name—not the agree- unanimous consent that at the hour of tainly not better for many of the nominees of Presidents Reagan and Bush. At the end of ment that the minority leader and the 5 p.m. the Senate proceed to adopt the the Bush administration, for example, the majority leader made where the major- motion to proceed to the Treasury/ vacancy rate stood at nearly 12 percent. By ity leader said: All right, we will move Postal appropriations bill; that imme- contrast, as the Clinton administration forward on judges; we will bring a de- diately after that the Senate vote on draws to a close, the vacancy rate stands at termined number of judges forward— cloture on the motion to proceed to the just 7 percent. but to say, no, we are now changing, intelligence authorization bill; that Well, turning it around, the vacancy and we are demanding a specific name immediately after that vote, regardless rate we are facing now is roughly half be brought forward or we will shut the of the outcome, the Senate proceed to that which a Democratic Senate gave whole place down, and then come to a period for morning business until the to President Bush as he was facing re- the floor and say somehow the work of Senate completes its business today, election. Oh, but we are being told: No, the people is not getting done. and that the preceding all occur with- there are judges who have languished I am willing to take the tough votes out any intervening action or debate. for a long time; therefore, we should that are being referred to on the floor. I announce that the cloture vote re- have a vote on the judges whose names I have taken the votes on guns. I have garding the motion to proceed to the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7627 intelligence authorization bill which I thank the Senator from Oregon. I understand that the White House is will occur at 5 p.m. this evening will be The PRESIDING OFFICER. The Sen- now telling our leaders that unless we the last vote today. We would then go ator from Oregon has the floor. accede to every one of the President’s into a period for morning business and Mr. HARKIN. Mr. President, will the demands, that we will be blamed for conclude the session for the day with Senator yield for a unanimous consent shutting the Government down because the exception of any conference reports request? he won’t sign any tax cut, he won’t or wrap-up items that may be cleared Mr. SMITH of Oregon. I would be sign any appropriations bill. We are for action. happy to yield for a unanimous consent just going to be made the victims of I further ask unanimous consent that request. this. I say to my friends in the White when the Senate completes its business Mr. HARKIN. Mr. President, I ask House, this is an overreach. This goes today it stand in adjournment until unanimous consent that when the Sen- too far. the hour of 9:30 a.m. tomorrow; that ator from Oregon finishes his remarks, The American people will judge this the call of the calendar be waived and the Senator from Iowa be recognized to for what it is. I think we owe the the morning hour be deemed to have make some remarks. American people something better The PRESIDING OFFICER. Without expired; that there then be a period for than that. I think we owe them the objection, it is so ordered. eulogies for our former colleague Sen- truth. I think we owe them our best ef- The Senator from Oregon. forts. I think the politics shouldn’t be ator Coverdell as previously ordered; Mr. SMITH of Oregon. Mr. President, that following the swearing in of our so blatantly transparent that it brings I thank you for the time. I am here shame upon the Senate. new colleague, ZELL MILLER, at 11 a.m. today at the request of my leader. I am I am here with a heavy heart because and his eulogy of Senator Coverdell, here today to talk to the people of Or- I want to get something done. I have the Senate adopt the motion to proceed egon and to the American people. sat in the chair many times and begun to the intelligence authorization bill, if I am often asked in townhall meet- to see this filibuster mentality build up its pending, and then vote on the clo- ings why it is that we don’t seem to be among the minority that rails against ture vote on the motion to proceed to getting much done. Every time people these tax cuts that we have passed, to the energy/water appropriations bill, turn on C-SPAN they see Republicans eliminate estate taxes, to eliminate and that the preceding all occur with- and Democrats bickering. I have said the marriage penalty. They don’t have out any intervening action or debate. to them: I know it is frustrating. I to like it, they voted against it. The PRESIDING OFFICER. Is their know you do not like it. I know it I will say why I voted for them. objection? sometimes isn’t pleasant. But, frankly, There is an overarching reason why I Mr. REID. Reserving the right to ob- rather than criticize it, we ought to vote for tax cuts. I believe in times of ject, Mr. President, I want to say to celebrate it because this is the way we surplus and prosperity there is a point my friend from Utah, for whom I have go about the business of government of when we can say we are taking too the highest regard, he is a great Sen- a free people—of exchanging ideas, and much and we believe it can do more ator. I have personal feelings toward using words as our weapons and not ac- good in the general economy and we him that he understands. But I want to tually bullets. will put some back. Tax cuts go to tax- just say a couple of things before we This contest between Republicans payers. When it comes to specific settle this little bit here. and Democrats is not an unhealthy taxes, for example, the estate tax, I I served under George Mitchell. thing. But I must admit to the Amer- will state why I voted to change the Never did Senator Mitchell prevent the ican people and to the people of Oregon nature of that tax, to eliminate the in- minority from offering amendments. that what I see happening on the Sen- cidence of debt as the tax, and to shift That is our biggest complaint in this ate floor right now is nothing to be it over to the sale of an asset as the in- body—that the majority will not allow celebrated. cidence of taxation. I don’t believe it is the minority to offer amendments. We I came to the Senate looking for so- any of the Government’s business how believe the Senate should be treated as lutions—not looking for a fight. I don’t my heirs receive my estate. I think it has for over 200 years. If that were mind a good debate. I don’t mind dif- that is about freedom. I think that is the case, we wouldn’t be in the situa- ferences of opinion. I don’t mind taking about people saying: I am going to tion we are in now. tough votes. Frankly, I have learned work hard and I will accumulate what I also say to my friend that the per- that the tough votes are sometimes the I can, and I want to determine how my centage on the judges doesn’t work be- most memorable because they are dif- sons and my daughters receive my es- cause we are dealing with a larger ficult. They set you apart. They make tate. Then if my heirs are unwise, the number. Of course, if you have a larger you come to a choice. Like Senator marketplace will redistribute that in- number of judges, which has occurred BENNETT said, I have taken all of these come because of poor choices. since President Reagan was President, tough votes that my Democratic I don’t think it is the Government’s you could have a smaller percentage. friends have wanted me to take, and business to say we are going to deter- That means a lot more judges. As we they have taken some that we wanted mine how this money is redistributed. know, you can prove anything with them to take. However, I have to say It is a difference of who you trust. Do numbers. that now is not a moment to be cele- you trust Government? Or do you trust I also say that one of the problems brated because of what I have been freedom? Do you trust people? Or do we have with judges is my friend from hearing since I came back from this you trust central planning? That is Michigan has one judge who has waited last weekend. why I am on this side of the aisle— not 1,300 days. That is much shorter than I have heard from colleagues on both because I think there are bad people the 2 years my friend talked about in sides of the aisle that this session of over there; I know otherwise. There are regards to the Banking Committee. In Congress is essentially over, that right good people there. But we have a dif- fact, I think the majority is protesting now politics is going to prevail over ference of belief in how the public is too much. policy, and that there will be gridlock best served. I think they want more I withdraw my objection. until the election so that the greatest equality. I think we want more liberty. The PRESIDING OFFICER. Is there political advantage can be made out of That is the context of the debate here. objection? the Congress. I want the American people to know Without objection, it is so ordered. I am disappointed in that. I didn’t I will defend my vote to my own grave Mr. BENNETT. Mr. President, in come here for that. I didn’t fight as to eliminate the estate tax. I believe light of this agreement, a rollcall vote hard as I did to win a seat in this body the way we have shifted it to a capital will occur at 5 p.m. today on the mo- to just play that kind of a game. gains as the incidence of taxation is far tion to proceed to the intelligence au- I find on the Democratic side people more consistent with notions of free- thorization bill. Another rollcall vote of honor and good will. I hope they find dom than reaching into somebody’s will occur at approximately 11:30 a.m. that in Republicans. Frankly, I think grave and saying we are going to dis- on Thursday on the motion to proceed we are allowing the worst of our na- tribute it a new way, a Government to the energy and water appropriations tures to take over right now. I am dis- way. That is not the America that I be- bill. appointed. I am very disappointed. lieve in.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7628 CONGRESSIONAL RECORD — SENATE July 26, 2000 When it comes to the marriage pen- being told that come October 6, when daughters drill for oil so they do not alty tax cut, they are complaining we are supposed to sine die, if we have to die for oil. We are setting them again that too few people will benefit. haven’t passed the President’s version up to die for oil if we do not figure out You say it affects people disproportion- we are going to be put in a position some better balance between produc- ately. But many married people will that we are made to look as if we are tion and conservation. benefit. Again, it is hard to give tax shutting the Government down. Conservation is important. I vote for cuts to those who don’t pay taxes. I am People of America, you do not want conservation initiatives. But it is not not ashamed of voting to cut taxes for Congress making these fundamental ir- the whole answer. You have to produce married people. Some people say that reversible decisions on such a basis. something. A third of our trade deficit is unfair. However, I think we ought to These are important issues. We should is due to foreign oil. If you want an incentivize marriage. It is a corner- not be giving in to this kind of polit- independent country, if you want an stone of our society. Take religion out ical pressure for expediency, for an independent foreign policy, you cannot of it. Sociologists and psychologists election. We should do it carefully. We be totally dependent, as we are becom- will say for a child to have the best should do it right. When it comes to ing, on foreign oil. But there you have chance in life they need a mom, they prescription drugs, I will spend what I it. That has been the policy of this ad- need a dad. Those are the kinds of have to make sure you have a choice, ministration. things we ought to be incentivizing— that it is voluntary, and that it is af- Finally, our Vice President said he not penalizing. fordable. wants to outlaw or get rid of the inter- Without any embarrassment, I am Under the President’s plan, I bet nal combustion engine. In my neck of proud to have voted to end the mar- there is better than half of the Amer- the woods, we have the incredible ben- riage tax penalty and the death tax ican people who would be eligible for efit of hydroelectric power. We have penalty. These are bad tax policies. We it, who would not pay less for prescrip- low energy rates because of hydro- have voted to end them. If they don’t tion drugs, yet would be forced to pay electric power. But, guess what, they like the distribution of them, fine. But more. Is that what we want? That is are talking about tearing them down. we have cast these votes. They voted not voluntary. That is about Govern- They want to tear out the most clean, one way; we voted another. We have ment central planning. That is about a most renewable, most affordable en- taken their tough votes. As Senator bureaucrat in your medicine cabinet. ergy supply that we have. Guess what BENNETT said, we have taken the gun That is a plan for which I will not vote. happens when you do that. You lose— votes. We have taken the votes on I believe in the marketplace. I be- the recreation is gone, but, more im- abortion. We have taken a whole range lieve in freedom. I believe Government portantly, you lose the irrigation for of votes. We have taken a vote against has a role. I believe we ought to have a farmers, you lose the transportation of their prescription drug plan. safety net. But I don’t believe we ought goods from the interior all the way Let me go to prescription drugs for a to be going to a system that says the from Montana, Idaho, Washington, Or- minute. I am a member of the Budget Government knows best and a bureau- egon to the Port of Portland and Committee. I have sensed in the people crat can tell you what pill you need to around the Pacific rim. You lose the of Oregon a real desire for a prescrip- take. ability to use this system of locks to tion drug benefit. I want to deliver for I have talked about taxes. I have move vast quantities of agricultural that. Because of that, I went into the talked about the budget. I have talked and other commodities. Budget Committee when we created about prescription drugs. I don’t think we want to do that. I this template in the U.S. budget, deter- Let me end by talking a little bit think it is very unwise. If you want to mined to stand with my colleague, RON about this other great frustration I get rid of the internal combustion en- WYDEN, to accede the President’s re- hear from the people of Oregon and gine —let’s examine this briefly. Right quest for a prescription drug benefit. that is the cost of gas, the cost of en- now, to move about a half a million The President requested $39 billion. ergy. bushels of grain, you need four barges RON, OLYMPIA SNOWE, and I decided to- There is plenty of blame to go that move through these locks. Four gether we have a majority if the Demo- around, I am sure. I am not defending barges use very little energy. It just crats will vote with us. We felt strong- big oil. I am not defending the Govern- floats and makes its way to the Port of ly that we should deliver on this prom- ment, either. But what I am telling Portland. Get rid of the locks or dams, ise and this need. you is our country has an enormous guess what, you have to truck them or We got the Budget Committee to ex- trade deficit because we are spending rail them. How many railcars does it ceed the President’s request of $39 bil- over $100 billion per year on foreign oil. take to replace the four barges? It lion. We went to $40 billion. However, I When President Carter was the Presi- takes 140 jumbo railcars to move the was a little bit discouraged—even felt dent, we had gas lines and we had same volume. somewhat betrayed—when a few shortages. I remember waiting over an The tracks, the infrastructure is not months later the President says, just hour every time I went to get gasoline. there to do all the railing. So then you kidding, we need $80 billion. Double? When that occurred, our country was go to trucks, internal combustion en- From where did the original $39 billion 36-percent dependent on foreign oil. We gines. Guess how many trucks it takes: come? Why all of a sudden, $80 billion? are 56-percent dependent now. Do you Four barges versus 539 large ‘‘semi’’ Don’t the American people want Con- know why? Because in the life of this trucks. Guess what creates pollution. gress to be responsible for this? I put administration we have had over 30 oil Guess what creates damage to your everyone on notice, I am being told in refineries close; we have had leases roads. That will do it. the Budget Committee that $80 billion canceled; we have had no development; I want to be fair about this. When we won’t even begin to cover this. Now and we have had an increasing depend- are becoming so dependent on foreign what we are looking at under the ence—not less—on foreign oil. I tell the oil, so dependent upon foreign energy, President’s program, is a one size fits American people, that is why you are so dependent as a superpower on oth- all plan. A Government bureaucrat will paying too much. That is why you are ers, I think it is very imprudent to be in your medicine cabinet and mak- paying more than you need to, because begin tearing out our energy infra- ing choices for your health. A plan, by we are being held hostage to a cartel of structure. the way, that doesn’t even take effect foreign nations—many that wish us ill, So I will close, and I say again with when we pass it—3 years hence. How is many that would like to put us over an a heavy heart, I think right now poli- that keeping faith with the American oil barrel and push us over. tics is prevailing over good policy. I people? They cannot even begin to tell I am saying I don’t like drilling for think that is too bad. But let me tell you what it costs. oil. Every one of us drives a car and for you, the real losers will be the Amer- This is not the way we should make a lot of us, the oil that drives that car ican people if the Republican majority these fundamental decisions about the is refined in Texas. Everyone of us caves in to the kind of tactics that say health of the American people and the likes the freedom of an automobile. if you don’t take everything we want health of our Government’s budgets. I Frankly, I would rather say to the we are going to make you look like you hope everybody understands that. I am American people: Let your sons and shut the Government down.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7629 There are a lot of us who are ear- poses, shall be brought to a close? The range of people. We met with Cuban nestly striving to do our duty, as is in- yeas and nays are required under the Cabinet Ministers and dissidents, with cumbent upon the majority, to move rule. The clerk will call the roll. the head of the largest NGO in Cuba, the business of the people while at the The assistant legislative clerk called and also with a good number of foreign same time being fair to the minority. the roll. ambassadors, and with President Fidel But how many times do we have to Mr. NICKLES. I announce that the Castro himself. I might say that was a cast the same votes? Please, help us Senator from Wyoming (Mr. THOMAS) is marathon 10-hour session, about half of here. I plead with the President. Let’s necessarily absent. it dining. get something done. Let’s deal in good Mr. REID. I announce that the Sen- I left those meetings more convinced faith. We don’t have to let politics pre- ator from Minnesota (Mr. WELLSTONE) than ever that it is time to end our vail. Because if we do, the legacy of is necessarily absent. cold war policy towards Cuba. We this President and this Congress will be I further announce that, if present should have normal trade relations the words ‘‘it might have been.’’ and voting, the Senator from Min- with Cuba. Let me explain why. It ought to be better than that. But nesota (Mr. WELLSTONE), would vote First, this is a unilateral sanction. I, for one, believe in our Republic. I be- ‘‘aye.’’ Nobody else in the world supports it. lieve in our separation of powers. I will The yeas and nays resulted—yeas 96, Not even our closest allies. Unilateral be very disappointed in my leaders if nays 1, as follows: economic sanctions, don’t make sense we cave in to a King. We cannot do [Rollcall Vote No. 228 Leg.] unless our national security is at stake. Forty years ago Cuba threat- that. We are not going to cave in to a YEAS—96 King. We need to stand up for our insti- ened our national security. The Soviet Abraham Enzi Lott Union planted nuclear missiles in Cuba tution. Moreover, we need to pay at- Akaka Feingold Lugar tention to the details of our policy. Be- Allard Feinstein Mack and aimed them at the United States. cause if we work it out with civility, Ashcroft Fitzgerald McCain Twenty years ago, Cuba was still act- Baucus we will work it out right for the Amer- Frist McConnell ing as a force to destabilize Central Bayh Graham Mikulski America. ican people. Bennett Gramm Moynihan I yield the floor. Biden Grams Murkowski Those days are gone. The missiles are Mr. REID. Mr. President, I suggest Bingaman Grassley Murray gone. The Soviet Union is gone. Cuban Bond Gregg Nickles the absence of a quorum. military and guerilla forces are gone Boxer Hagel Reed from Central America. The security The PRESIDING OFFICER. The Breaux Harkin Reid clerk will call the roll. Brownback Hatch Robb threat is gone. But the embargo re- The assistant legislative clerk pro- Bryan Helms Roberts mains. Bunning Hollings Rockefeller ceeded to call the roll. My reason for my opposing unilateral Burns Hutchinson Roth sanctions is entirely pragmatic. They Mr. REID. Mr. President, I ask unan- Byrd Hutchison Santorum imous consent that the order for the Campbell Inhofe Sarbanes don’t work. They never worked in the Chafee, L. Inouye Schumer past and they will not work in the fu- quorum call be rescinded. Cleland Jeffords Sessions The PRESIDING OFFICER. Without ture. Whenever we stop our farmers Cochran Johnson Shelby and business people from exporting, objection, it is so ordered. Collins Kennedy Smith (NH) Mr. REID. I thank the Chair. Conrad Kerrey Smith (OR) our Japanese, European, and Canadian Craig Kerry Snowe competitors rush in to fill the gap. Uni- f Crapo Kohl Specter lateral sanctions are a hopelessly inef- Daschle Kyl Stevens INTELLIGENCE AUTHORIZATION DeWine Landrieu Thompson fective tool. ACT FOR FISCAL YEAR 2001—MO- Dodd Lautenberg Thurmond The second reason for ending the em- TION TO PROCEED Domenici Leahy Torricelli bargo is that the US embargo actually Dorgan Levin Voinovich helps Castro. CLOTURE MOTION Durbin Lieberman Warner Edwards Lincoln Wyden How does it help Castro? I saw it for The PRESIDING OFFICER. Under myself in Havana. The Cuban economy the previous order, the cloture motion NAYS—1 is in shambles. The people’s rights are having been presented under rule XXII, Gorton repressed. Fidel Castro blames it all on the Chair directs the clerk to read the the embargo. He uses the embargo as motion. NOT VOTING—2 Thomas Wellstone the scapegoat for Cuba’s misery. With- The legislative clerk read as follows: out the embargo, he would have no one CLOTURE MOTION The PRESIDING OFFICER. On this to blame. We the undersigned Senators, in accord- vote, the yeas are 96, the nays are 1. For the past ten years I have worked ance with the provisions of rule XXII of the Three-fifths of the Senators duly cho- towards normalizing our trade with Standing Rules of the Senate, do hereby sen and sworn having voted in the af- China. My operating guideline has been move to bring to a close debate on the mo- firmative, the motion is agreed to. ‘‘Engagement Without Illusions.’’ tion to proceed to calendar No. 654, S. 2507, the Intelligence Authorization Act for fiscal f Trade rules don’t automatically and in- year 2001: MORNING BUSINESS stantly yield trade results. We have to Trent Lott, Richard Shelby, Connie push hard every day to see that coun- Mack, Ben Nighthorse Campbell, Mi- Mr. BAUCUS. Mr. President, what is tries follow the rules. That’s certainly chael D. Crapo, Rick Santorum, Wayne the pending business? the case with China. Allard, Judd Gregg, Christopher Bond, The PRESIDING OFFICER. Under I have the same attitude towards Conrad Burns, Craig Thomas, Larry E. the previous order, the Senate is now Cuba. Yes, we should lift the embargo. Craig, Robert F. Bennett, Orrin Hatch, in morning business. We should do it without preconditions Pat Roberts, and Fred Thompson. f and without demanding any quid pro The PRESIDING OFFICER (Mr. quo from Cuba. We should engage them EMBARGO ON CUBA VOINOVICH). By unanimous consent, the economically. But we should do so mandatory quorum call rule has been Mr. BAUCUS. Mr. President, this without illusions. Once we lift the em- waived. morning we voted on cloture on the bargo, Cuba will not become a major The question is, Is it the sense of the motion to proceed to the Treasury- buyer of our farm goods or manufac- Senate that debate on the motion to Postal appropriations bill. I rise to ad- tured products overnight. proceed to the consideration of S. 2507, dress an issue that will certainly arise We need to be realistic. With Cuba’s a bill to authorize appropriations for in the debate. The issue is the U.S. em- failed economy and low income, ending the fiscal year 2001 for intelligence and bargo on Cuba as it relates to food and the embargo won’t cause a huge surge intelligence-related activities of the medicine. of U.S. products to Cuba. Instead, it U.S. Government, the Community Earlier this month, I traveled to Ha- will start sales of some goods, such as Management Account, and the Central vana along with Senators ROBERTS and food, medicine, some manufactures, Intelligence Agency Retirement and AKAKA. It was a brief trip, but it gave and some telecom and Internet serv- Disability System, and for other pur- us an opportunity to meet with a wide ices.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7630 CONGRESSIONAL RECORD — SENATE July 26, 2000 In addition, ending the embargo will The PRESIDING OFFICER. And Sen- commitment in the aftermath of the increase Cuban exposure to the United ator VOINOVICH after that? Kosovo crisis to integrate the region States. It will bring Cubans into con- Mr. DOMENICI. Yes. into the broader European community. tact with our tourists, business people, The PRESIDING OFFICER. Is there This commitment is consistent with students, and scholars. It will bring objection? the pillar that has bound the United Americans into contact with those who Without objection, it is so ordered. States and Europe since the end of will be part of the post-Castro Cuba. It The Senator from Arizona is recog- World War II—a belief in the peaceful will spur more investment in Cuba’s nized. influence of stable democracies based tourist infrastructure, helping, even if (The remarks of Mr. MCCAIN and Mr. on the rule of law, respect for human only a little, to further develop a pri- GORTON pertaining to the introduction rights and support for a market econ- vate sector in the economy. of S. Res. 344 are located in today’s omy in Europe. In May of this year, I introduced bi- RECORD under ‘‘Submission of concur- However, the Balkans continue to be partisan legislation that would repeal rent and Senate Resolutions.’’) unstable. Slobodan Milosevic con- all of the Cuba- specific statutes that The PRESIDING OFFICER. The Sen- stantly stirs trouble in Kosovo and create the embargo. That includes the ator from New Mexico. Montenegro. The minority commu- 1992 Cuban Democracy Act and the 1996 (The remarks of Mr. DOMENICI and nities of Kosovo are suffering under a Helms–Burton Act. I look forward to Mr. WYDEN pertaining to the introduc- systematic effort by extremist ethnic the day when that legislation will pass tion of S. 2937 are located in today’s Albanians to force them out. Moderate and we have a normal economic rela- RECORD under ‘‘Statements on Intro- Albanians in Kosovo are threatened for tionship with Cuba. duced Bills and Joint Resolutions.’’) simply selling bread to a member of the Serb community. As long as this Until that day, I support measures f such as this amendment which dis- instability remains, the shared Euro- UNANIMOUS-CONSENT AGREEMENT mantle the embargo brick by brick. pean and American goal of a whole and The sanctions on sales of food and med- Mr. DOMENICI. Mr. President, I now free Europe will not become a reality. Inclusion of the Balkans in the Euro- icine to Cuba are especially offensive. ask unanimous consent that notwith- Last year, legislation to end unilat- standing rule XXII, following the 11:30 pean community of democracies would eral sanctions on food and medicine cloture vote the Senate proceed to con- promote our Nation’s strategic inter- passed the Senate by a vote of 70 to 28. sideration of the conference report to ests. By providing a series of friendly nations south from Hungary to Greece That legislation was hijacked by the accompany H.R. 4576, the Defense ap- and east from Italy to the Black Sea, House in conference. This year we propriations bill. Further, I ask con- we would be in a much better position passed similar legislation again as part sent that there be up to 60 minutes for to deter regional crises and respond to of the Agriculture appropriations bill. I debate under the control of Senator them should they occur. The link to hope our conferees stand firm and en- MCCAIN and up to 15 minutes under the the Black Sea would also provide a link sure its passage this year, with one control of Senator GRAMM, with an ad- into central Asia in the event that the correction. ditional 6 minutes equally divided be- protection of our national security in- This year the sanctions provisions of tween Senators STEVENS and INOUYE, terests were ever threatened in this the Agriculture appropriations bill and 20 minutes for Senator BYRD, and following that debate the conference area. contain a new requirement. The bill re- The U.S. and the EU account for report be laid aside. quires farmers who want to sell food to more than 30 percent of world trade. I further ask consent that the vote foreign governments of concern to get The EU receives nearly 25 percent of on the conference report occur at 3:15 a specific license. That is needless red our total exports and is our largest ex- tape which will make it harder to ex- p.m. on Thursday, without any inter- port market for agricultural products. port. Last year the bill we passed had vening action or debate, notwith- The nations of the Balkans, due to no such licensing requirement. We standing rule XXII, the motion to re- their proximity to the EU’s common should strike that provision in the Ag- consider be laid upon the table, and market, have tremendous potential for riculture appropriations conference any statements relating to the con- American investors and businesses to this year. ference report be printed in the expand these trading ties. Addition- When we begin debate on the bill, one RECORD. ally, many in the Balkans have excel- of my colleagues will offer an amend- The PRESIDING OFFICER (Mr. lent educational backgrounds and work ment to address unilateral sanctions SMITH of Oregon). Without objection, it experience that would be invaluable to on food and medicine from a different is so ordered. an American investor. Many nations angle. The amendment will cut off The PRESIDING OFFICER. The Sen- currently being considered for EU funding to enforce and administer ator from Ohio. membership began their transition them. The House passed a similar Mr. VOINOVICH. Mr. President, I ask from command economies in a much measure by a substantial majority. We unanimous consent that Senator worse position than the nations of should do the same in the Senate. DEWINE be recognized to speak in southeastern Europe. If these nations Mr. President, I hope that all of my morning business immediately fol- can make enough progress to be consid- colleagues will vote in favor of this lowing the remarks of Senator HARKIN. ered for EU membership in the short- amendment and will support the ulti- The PRESIDING OFFICER. Without term, surely Croatia, Macedonia, Ro- mate lifting of the entire Cuba trade objection, it is so ordered. mania, and Bulgaria can as well. embargo. f While we have done much as a coun- The PRESIDING OFFICER. The Sen- THE BALKANS MATTER try to respond to human suffering ator from Arizona is recognized. around the world in recent years, these Mr. DOMENICI. Will the Senator Mr. VOINOVICH. Mr. President, the efforts are made after the fact. This is yield for a unanimous-consent request? Balkans, with Gavrilo Princip’s assas- a mistake that reflects the Clinton ad- Mr. MCCAIN. Yes. sination of Austrian Archduke Francis ministration’s lack of foresight. In Mr. DOMENICI. Mr. President, I ask Ferdinand in Sarajevo, Bosnia in 1914, Kosovo, for example, our lack of prepa- unanimous consent when Senator started the devastation of World War I. ration for the refugees created by MCCAIN and Senator GORTON are fin- World War II had deep ties to the re- Milosevic’s aggression was inexcusable. ished, I might be recognized thereafter. gion as well. The Truman doctrine, the To prevent this type of tragedy in the Senator WYDEN is here and he has no basis of American policy throughout Balkans again—the refugees, the home- objection. He is joining me. the cold war, began with President lessness, the starvation—we must re- The PRESIDING OFFICER. Is the Truman’s decision to support anti- main involved in the region. consent request that after Senator Communist forces in Greece and Tur- I believe that the following steps MCCAIN and Senator GORTON speak—— key, again, in the Balkans. To deal should be taken to advance our goal of Mr. DOMENICI. I be recognized to in- with the historic threat to peace, secu- an integrated, whole, and free Europe: troduce a bill, and then that Senator rity and prosperity the Balkans poses, NATO and EU membership—The na- WYDEN follow me. the United States and Europe made a tions of southeastern Europe must be

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7631 involved in these institutions to ensure colleagues from the House of Rep- with financial, diplomatic and military their long-term peace, security, and resentatives, and, again, hear his vi- assistance. I am also pleased that prosperity. However, invitations for sion for the future of Croatia. NATO has invited Croatia to become a membership should only be offered We also had an opportunity to meet member of the ‘‘Partnership for Peace’’ once the nations have met the estab- with Prime Minister Racan, who along program. lished membership criteria; with President Mesic, is committed to Mr. President, as I think back to last Implementation of the Stability providing to the Croatian people, a year, to the time when this nation was Pact—The Pact, initiated by the Euro- government that abides by the rule of engaged in an air war over Kosovo, the peans to encourage democracy, secu- law; respects human rights—particu- President, the Secretary of State, rity, and economic development in the larly minority rights; adheres to the world leaders and the international region, must be fully implemented. goals of a market economy; seeks the media all brought to our attention the There has been much talk and promises ultimate entrance into the European ethnic cleansing that was being per- made about the Pact. Now is the time Union and NATO; and pledges to return petrated by Slododan Milosevic’s Ser- for action. The Europeans must begin minority refugees that were ethnically bian military and paramilitary forces to build the infrastructure projects cleansed out of Croatia. This commit- against the Albanian people in Kosovo. they have promised in the region. ment was supported by members of the During the height of the air war, Open European markets—The Euro- Croatian Parliament and acknowledged President Clinton, in the Times of Lon- peans have made a commitment to in- by members of the Serb minority, who don, was quoted as saying ‘‘we are in tegrate the region into the broader Eu- are anxious to see the commitment Kosovo because Europe’s worst dema- ropean community. Lowering tariffs on carried out. gogue has once again moved from the import of goods from the region I am optimistic about the future of angry words to unspeakable violence.’’ would do much to encourage needed Croatia with its new leadership. Fol- Further, the President stated, ‘‘the re- foreign investment. Investment, in lowing the December, 1999 death of Cro- gion cannot be secure with a bellig- turn, would speed development which atia’s ultra-nationalist President, erent tyrant in its midst.’’ would lead to the integration for which Franjo Tudjman, Croatia’s future was Secretary of State Madeleine the Europeans have called. uncertain as far as the West was con- Albright, before the Senate Foreign To make these initiatives work, the cerned. Relations Committee claimed ‘‘there is Clinton administration must show However, the changes that have oc- a butcher in NATO’s backyard, and we more leadership than they have since curred since the establishment of a new have committed ourselves to stopping the Kosovo crisis began. With the deba- government less than six months ago him. History will judge us harshly if we cle of Bosnia in its background, cou- are stunning. I believe that the new fail.’’ pled with the failed policies for the re- government of President Mesic and Words such as these were meant to gion over the last 18 months, our Prime Minister Racan will ultimately back-up our actions in Kosovo and ex- record in the region has been dismal. be successful in guiding Croatia to EU plain to the American people the moral Implementing the above plan will and NATO membership. However, the imperative of engaging in a U.S.-led begin to better this record. legancy of Tudjman and his ruling NATO air war over Kosovo. THE SITUATION IN THE BALKANS elite—who we are just now learning In this effort to protect the innocent Mr. President, over the Fourth of were a bunch of thieves—poses some se- civilian Kosovo Albanian community July recess, I traveled with a delega- rious challenges for the ‘‘new’’ Croatia. from the devastation of Slobodan tion of my House and Senate col- Tudjman drove Croatia deep into Milosevic and his Serb forces, few real- leagues to Southeast Europe where I debt to a variety of international fi- ized at the time that the United States attended the annual Parliamentary as- nancial institutions while he and his had stumbled across a civil war in sembly Meeting of the Organization for henchmen ‘‘cleaned-out’’ the national progress. A minority of Kosovo Alba- Security and Cooperation in Europe in treasury for their own personal gain. nians, under the leadership and flag of Bucharest, Romania. Because of Tudjman’s mismanagement, the Kosovo Liberation Army, the KLA, In addition, while I was in Southeast President Mesic and Prime Minister were pursuing their dream of an eth- Europe, I joined several of my House Racan are facing a situation where nically pure Kosovo, dominated by Al- colleagues on a trip to Kosovo and Cro- their nation’s economy is struggling, banians and independent from Serbia. atia to get an update on the situation and they have little help available These extremists were willing to resort there. I met with UN officials, Serb and from outside creditors because of to violence to achieve this dream. Albanian leaders, KFOR commanders, Tudjman’s action. On the other hand, Serbia and and our American troops, and particu- These economic problems have an Slobodan Milosevic did not want to let larly soldiers from Ohio who are sta- impact on another major challenge the this province break away, because tioned in Kosovo. new government is facing—the return Kosovo is very important to their his- I have traveled to the Balkans region of refugees. As my colleagues may re- tory, culture, and religion. three times this year to assess the situ- member, the Balkan wars of the 1990s Let me be clear on this. None of ation in the region from a political, created hundreds of thousands of refu- these circumstances in any way ex- military and humanitarian point of gees. cuses the devastation the Serb forces view. These refugees left their homes, brought to the ethnic Albanian com- Besides my most recent trip, I trav- abandoned nearly all of their posses- munity of Kosovo. The systematic eled to Croatia, Macedonia, Kosovo and sions and took to the roads to avoid plan, hatched by Milosevic, his wife Brussels, Belgium in February and in the bloodshed of ethnic hatred. In order and their inner circle of thugs, to in- May, I attended the annual meeting of for these people to go back and reclaim still fear through rape, torture, and the NATO Parliament Conference in their homes and get on with their lives, murder was designed to drive the eth- Budapest, Hungary, and visited Slo- there must be something to go back nic Albanian community out of venia as well. Based on the observa- to—jobs, especially. There are few Kosovo. Their plan was evil in its in- tions that I made, I would like to bring areas of Croatia today where jobs are ception and execution. the Senate up to date on the current plentiful enough to absorb thousands of The United States and our NATO al- situation in southeastern Europe, par- returning refugees, which underscores lies vowed to put an end to this trag- ticularly in Croatia and Kosovo. the importance of reinvigorating the edy. Through our combined military While I was in Croatia this past Feb- Croatian economy. strength, we were able to force ruary, I had the privilege to be the first Despite these problems, I am very op- Milosevic to withdraw his troops from Member of the United States Congress timistic about the future of Croatia if Kosovo, making it safe for Kosovar Al- to personally congratulate Mr. Stipe President Mesic and Prime Minister banians to return to their homes. Mesic on his being elected President of Racan continue to lead their nation to- And now that the air war in the Bal- Croatia. During my trip earlier this wards European integration. I am kans has been over for a little more month, I had a chance to spend time pleased that the United States is sup- than a year, most Americans assume with President Mesic, along with my porting the new Croatian leadership that the situation in Yugoslavia is now

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Without beatings and the killings of Albanians, but and this nation aware what many in objection, it is so ordered. now they say, ‘‘There is ethnic cleansing of the European community already (See exhibit 1.) the Serbs.’’ But it is not the same—it’s re- know, and that is, ethnic cleansing is Mr. VOINOVICH. Mr. President, in venge. being carried out in Kosovo today. addition, a July 3 article written by And McNamara makes the same In the wake of the air war, a back- Steven Erlanger for the New York point. He says: lash of violence is now being per- Times, discusses the observations Den- There was from the start an environment petrated against minority groups in nis McNamara, the U.N. special envoy of tolerance for intolerance and revenge. Kosovo, including Serbs, Romas, and for humanitarian affairs in Kosovo, had There was no real effort or interest in trying to deter or stop it. There was an implicit en- moderate Albanians who are now try- regarding the status of the situation in dorsement of it by everybody—by the silence ing to rebuild Kosovo. They have been Kosovo today, particularly how minori- of the Albanian political leadership and by attacked and killed by more radical, ties have been treated since the end of the lack of active discouragement of it by revenge-driven elements in the Alba- the air war and how minorities are the West. nian community, their homes and busi- being pushed out of Kosovo in a contin- Mr. President, I ask unanimous con- nesses have been burned and Serbian uous and organized manner. sent that these two New York Times Orthodox churches and monasteries— McNamara is quoted as saying that: articles be printed in the RECORD at some hundreds of years old—have been (this) violence against the minorities has the conclusion of my remarks. desecrated and destroyed. been too prolonged and too widespread not to The PRESIDING OFFICER. Without I ask unanimous consent to print in be systematic. objection, it is so ordered. the RECORD a document which summa- McNamara goes on to say; (See exhibit 2.) rizes the incidents of arson and murder We can’t easily say who’s behind it, but we Mr. VOINOVICH. The United States that have occurred in recent months in can say we have not seen any organized ef- must not now—nor ever—condone this Kosovo. These numbers were prepared fort to stop it or any effort to back up the revenge approach in Kosovo in either by the OSCE, which is known for its rhetoric of tolerance from Albanian leaders thought, word or deed. We must main- independence. with any meaningful action. tain and promote our values as a na- There being no objection, the mate- The genocide that was inflicted upon tion—a respect for human rights, free- rial was ordered to be printed in the thousands of Albanians is absolutely dom of religion, freedom from harass- RECORD, as follows: inexcusable and totally reprehensible. ment, intimidation or violence. A report released on June 9, 2000 provides Crimes that are perpetrated against in- If this administration, and the next, recent numbers associated with violent nocent civilians must always be con- does not acknowledge and seriously ad- crime that continues to threaten peace and demned and those who carry out such dress the plight of Kosovo Serbs and reconciliation efforts in Kosovo. The report, acts must be prosecuted. That is why I other minorities in Kosovo, then I UNHCR/OSCE Update on the Situation of do not understand why the President, think that within a year’s time there Ethnic Minorities in Kosovo, provides details the Secretary of State, and others in on the three most prevalent crimes affecting will not be any minorities still in minorities in Kosovo since January 2000. this administration have not been as Kosovo. To prevent this, I believe we They are as follows: vocal about the ethnic cleansing that should be more aggressive towards pro- ARSON, AGAINST is now being perpetrated as they were tecting minority rights in Kosovo im- Serbs, 105 cases last year. mediately. Roma, 20 In fact, the condemnation for the If we do not, I am concerned that the Muslim Slavs, 5 ethnic cleansing that is now occurring extremist members of the Kosovo Alba- Albanians, 73 in Kosovo is virtually nonexistent on nian community will continue to push Persons of unknown ethnicity, 40 the part of this administration. I am out all minority groups until they have AGGRAVATED ASSAULT, AGAINST deeply troubled by their silence. achieved their dream of an Albanian- Serbs, 49 cases Because I have been following this only Kosovo. In other words, if we do Roma, 2 matter so closely since the conclusion nothing, there will be many who will Muslim Slavs, 2 of the air campaign, I have had the op- argue that the ethnic cleansing of Albanians, 90 portunity to have a number of off-the- Kosovo was tacitly endorsed by the Persons of unknown ethnicity, 9 record, informal conversations with lack of leadership in the international MURDER, AGAINST people both inside and outside of our community. Serbs, 26 cases Government. While I am reluctant to It is important to note that the prob- Roma, 7 share this with my colleagues, I feel lem does not rest with our KFOR Muslim Slavs, 2 that I must. There is a feeling by many troops, for they have been restricted in Albanians, 52 who are following the ongoing ethnic what they can and cannot do. These persons of unknown ethnicity, 8 cleansing in Kosovo that there are men and women are doing a terrific job According to the report, lack of security some in our Administration who be- and freedom of movement remain the funda- under difficult circumstances. I know mental problems affecting minority commu- lieve that the Serb community in what they’re going through because, nities in Kosovo. Though the Serbian popu- Kosovo is simply getting what they are last February, I walked through the lation has been the minority group most af- due. village of Gnjilane with some of our fected by criminal activity, the ethnic Alba- In other words, the murders, arson, soldiers, and saw first-hand the restric- nian community continues to be subject to harassment and intimidation that ex- tions they were under. serious violent attacks on a regular basis. tremist members of the Kosovo Alba- While I was in Kosovo over the 4th of Mr. VOINOVICH. Mr. President, in nian community are committing July recess, I had the opportunity to addition, Bishop Kyr Artemije, a leader against the Kosovo Serb community visit our troops at Camp Bondsteel. of the Kosovar Serbs, presented similar should be expected and accepted given Every soldier that I spoke with talked statistics documenting the violence what the Serbs did to the Albanians. of their commitment to their mission and bloodshed that has been carried A July 17 article written by Steven and ensuring the safety of the citizens out in Kosovo since the end of the war Erlanger of the New York Times makes of Kosovo. I fully believe that it is be- in testimony he gave before the Hel- this point as well. It describes how cause of these troops that there is not sinki Commission this past February. U.N. director of Kosovo administra- further violence. His statistics were updated and verified tion, Bernard Kouchner, has been I do have hope that we can bring an at a recent meeting that I and several working to foster peace and stability end to the bloodshed in Southeastern

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7633 Europe, and I believe that there are (See exhibit 3.) questing that UNMIK move imme- some within the Kosovo Albanian com- Mr. VOINOVICH. My resolution put diately to start-up a functioning court munity who can prevail upon the bet- the OSCE, as a body, on record as con- and prison system. ter instincts of their fellow man in a demning the Milosevic regime and in- Also, the Serb and Albanian rep- commitment towards peace. sisting on the restoration of human resentatives agreed on several items Earlier this year, at the headquarters rights, the rule of law, free press and regarding the return of displaced per- of the United Nations Mission in respect for ethnic minorities in Serbia. sons and refugees to their homes, in- Kosovo, UNMIK, in Pristina, Kosovo, I I was pleased that the resolution cluding the recognition that the return had the opportunity to sit down and passed—despite strong opposition by of such individuals is a fundamental meet with several key leaders of the the delegation from the Russian Fed- right and essential to the future of Kosovo Albanian community and rep- eration—and I am hopeful that it will Kosovo. In order to facilitate such re- resentatives on the Interim Adminis- help re-focus the attention of the inter- turns, the parties insist that UNMIK trative Council—Dr. Ibrahim Rugova, national community on the situation and KFOR pursue fresh efforts to pro- Mr. Hashim Thaci, and Dr. Rexhep in the Balkans. vide greater security for individuals to Qosja. In conclusion, Mr. President, I be- return to their homes, and to expand All three leaders made a very clear lieve that we are approaching a cross- aid for reconstruction and economic re- promise to me that they were com- roads in Kosovo with two very different vitalization in those communities. mitted to a multi-ethnic, democratic directions that we can choose. They further agreed that a new Kosovo, one that would respect the The first direction—the wrong direc- model of security and law enforcement rights of all ethnic minorities. I was tion—involves more of the same of is needed, and that the international heartened to hear these comments. what we have seen in recent months. community must overcome its dif- This commitment could serve as the More bloodshed, more grenade attacks ferences to that UNMIK and KFOR can basis for long-term peace and stability on elderly minorities as they sit on take much stronger measures to carry in Kosovo. their porch. More land-mines on roads out their security and law enforcement I said that they could go down in his- traveled by parents taking their chil- responsibilities. tory as truly great men were they to dren to school. More intimidation, Last but not least, the representa- make this commitment a reality. I ex- threats and harassment of minorities tives recognize that the international plained that the historic cycle of vio- walking the streets in mixed villages community will not support a Kosovo lence in Kosovo must end and minority and towns. All this would lead to the cleansed of some of its ethnic commu- rights must be respected—including continued fleeing of minorities from nities. Rather, all these communities the sanctity of churches and mon- Kosovo and the establishment of an Al- must work together to build a multi- asteries. banian-only Kosovo. Again, ethnic ethnic Kosovo respecting the rights of I also point out to them that ‘‘re- cleansing carried-out under the nose of all its citizens. venge begets revenge’’ and unless Alba- NATO and the U.N. I say ‘‘Amen and Hallelujah’’ to the nians and Serbs learned to live in peace The second direction—the right di- fact that these two communities can with one another, violence would con- rection—involves the international come together and develop such an out- tinue to plague their children, their community, led by the United States, line for peace. grandchildren and generations yet un- protecting the human rights of the mi- There should be a loud voice coming born. It is my hope that they will realize nority communities of Kosovo. With out from this administraiton—the that they and their actions will be this protection, the minority groups same loud voice that we heard last keys to the future of Kosovo. would feel safe in their homes and be year—to the United Nations, to the We all want peace to prevail in the comfortable enough to be involved in UNMIK, and to our NATO Allies that Balkans, but we have a long way to go UNMIK municipal elections this fall, a we cannot allow ethnic cleansing of for that to happen. I believe we should key priority for UNMIK. Places of his- any kind to continue. listen to the words of His Holiness, Pa- torical significance, especially Serbian And I just want the administration triarch Pavle, the head of the Serbian Orthodox monasteries, would be safe to know that I am holding them re- Orthodox church, who states, ‘‘in from destruction from extremists. sponsible to make the same commit- Kosovo and Metohija there will be no Minorities would be safe to travel to ment to Kosovo now that they made victory of humanity and justice while the market in their own communities during the war, specifically, to go in revenge and disorder prevail. No one without needing KFOR protection, and make sure that NATO, UNMIK, has a moral right to celebrate victory something that does not happen today. and KFOR give the same priority to complacently for as long as one kind of Kosovo Albanians who sell goods to mi- protecting minority rights today. evil replaces another, and the freedom norities would not be threatened, It is up to the United States to pro- of one people rests upon the slavery of harmed or killed, again, something vide the leadership to make sure that another.’’ that does not happen today. In short, the items that the representatives at The Patriarch’s call for leadership in bloodshed would stop under the watch Airlie House identified as important protecting all citizens in Kosovo is one of the international community. are actually carried out by the UNMIK that this nation should heed if peace And there is encouraging news. and by KFOR in cooperation with the and stability in Kosovo is our goal. Just this last weekend, at Airlie Serb and Albanian communities in At the OSCE meeting in Bucharest, I House in Virginia, leaders of Kosovo’s Kosovo. introduced a resolution on South- Serb and Albania communities met Individually, none of these entities eastern Europe that had the support of under the auspices of the United States can guarantee peace and stability in several of my legislative colleagues Institute for Peace. Kosovo. It is only by working together from the U.S. The main point of the Among other provisions, the rep- that peace will occur, and it is the pri- resolution that I offered was to call to resentatives agreed to launch a new mary reason that the U.S. needs to re- the attention of the OSCE’s Parliamen- initiative—a Campaign Against Vio- commit itself to Kosovo. tary Assembly the current situation in lence—whereby the representatives of We, the United States, with our Kosovo and Serbia, and made clear the both communities agreed to a Pact strength and commitment to the pro- importance of removing Slobodan Against Violence to promote tolerance, tection of human rights, can largely Milosevic from power. condemn violence, prevent negative ex- determine which direction is taken in Mr. President, I ask unanimous con- ploitation of ethnic issues, and enable Kosovo. It is in our hands to live up to sent that the entire text of the resolu- physical integration and political par- that potential. tion, as passed by the OSCE Parliamen- ticipation by all. In addition, the com- It is in our national security inter- tary Assembly, be printed in the munities agreed on two key provisions est. It is in our economic interest in RECORD at the conclusion of my re- to help reduce the power of extremist Europe. It is in the interest of peace in marks. elements by calling on KFOR and the world that we make that commit- The PRESIDING OFFICER. Without UNMIK to guard and control more ef- ment. objection, it is so ordered. fectively all entry into Kosovo, and re- I yield the floor.

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EXHIBIT 1 Albanian leaders. Sometimes these leaders soon most of the remaining Serbs will also STATEMENT OF BISHOP ARTEMIJE, HELSINKI formally condemn repressive actions but in be forced to flee Kosovo. COMMISSION, HEARING, FEBRUARY 28, 2000, reality have not done anything to stop the On one hand, KFOR’s presence in Kosovo WASHINGTON, DC ongoing ethnic violence and discrimination. has given Albanian extremists free hands to Even more, some of them are instigating do what that want because one of KFOR pri- Mr. Chairman, respected members of Con- rage against Serbs developing the idea of col- orities has been so far to avoid direct con- gress, ladies and gentlemen. It is my distinct lective Serb guilt and branding all remaining frontation with the extremists in order to es- pleasure and privilege to be here with you Serb civilians as criminals. There is much cape possible casualties. On the other hand today and speak about the latest develop- evidence that the KLA leaders bear direct re- we cannot but say that if KFOR had not been ments in Kosovo. The last time I spoke here sponsibility for the most of the post-war in Kosovo during this rampage of hatred, not was in February 1998, just before the war in crimes and acts of violence committed in a single Serb or Serb church would have sur- Kosovo began and on that occasion I strong- Kosovo. As soon as KFOR entered the Prov- vived. We sincerely appreciate the efforts of ly condemned both Milosevic’s regime and ince KLA gunmen took over the power in many men and women from all over the Albanian extremists for leading the country majority of cities and towns and imme- world who are trying to bring peace to into the war. Unfortunately the war came diately organized illegal detention centers Kosovo even with in a rather narrow polit- and so many innocent Albanians and Serbs for Serbs, Romas and Albanian ‘‘collabo- ical framework in which KFOR must act. suffered in it. Many times we have strongly rators.’’ They began killing people listed as An especially volatile situation is in condemned the crimes of Milosevic’s regime alleged criminals and seized a large amount Kosovska Mitrovica the only major city in Kosovo while our Church in Kosovo sup- of property previously owned by Serbs and where a substantial number of Serbs remain. ported suffering Albanian civilians and saved other non-Albanians. KLA groups and their During the most intensive wave of ethnic some of them from the hands of Milosevic’s leaders are directly linked with Albanian cleansing in June and July many Serb inter- paramilitaries. mafia clans and have developed a very so- nally displaced persons from the south found After the end of Kosovo war and return of phisticated network of organized crime, drug refuge in the north of the province in the Albanian refugees the repression of smuggling, prostitution, white slavery, and Mitrovica area. In order to survive they or- Milosevic’s undemocratic regime was sup- weapons trading. According to the inter- ganized a kind of self-protection network planted by the repression of extremist national press Kosovo has become Colombia and prevented the KLA and mafia to enter Kosovo Albanians against Serbs and other of Europe and a main heroin gateway for the northern fifth of the city together with non-Albanian communities in full view of Western Europe. The strategy behind the civilian Albanian returnees. KFOR, aware international troops. Freedom in Kosovo has KLA purge of Serbs was very simple—quar- that the free access of Albanian extremist not come for all equally. Therefore Kosovo ter by quarter of a city would be cleansed of groups of Mitrovica would cause a Serb exo- remains a troubled region even after 8 Serbs and their property would be either dus, blocked the bridge connecting the months of international peace. burned or sold for a high price to Albanian southern and northern part of the city. Alba- Kosovo Serbs and other non-Albanian refugees (including Albanians from Albania nian extremists have since then made many groups in Kosovo live in ghettos, without se- and Macedonia who flowed into the province attempts to make their way into the north- curity; deprived of basic human rights—the through unprotected borders along with the ern part of Mitrovica saying that they want- rights of life, free movement and work. Their hundreds of thousands of Kosovo refugees). ed undivided and free city. Serbs on the private property is being usurped; their The KLA, although officially disbanded is other hand state that they are ready for a homes burned and looted even 8 months after still active and their secret police are con- united city only if Serbs would be allowed to the deployment of KFOR. Although Kosovo tinuing their intimidation and executions. go back to their homes in the south and else- remained more or less multiethnic during Now more and more of their victims are dis- where in Kosovo. Serbs also hold that only the ten years of Milosevic’s repressive rule, obedient Kosovo Albanians who refuse to pay Kosovo residents be allowed to return to today there is hardly any multiethnicity at their ‘‘taxes’’ and ‘‘protection money’’ to ex- their homes. A few weeks ago, after two ter- all—in fact the reverse is true. Ethnic seg- tremists. The Albanization of Kosovo is pro- rorist attacks against a UNHCR bus and a regation is greater now than almost at any ceeding in a way many ordinary Albanians Serb cafe´, in which a number of Serbs were other time in Kosovo’s turbulent history. did not want. The gangsters have stepped killed and injured, radicalized Serbs began Not only are Serbs being driven out from the into the vacuum left by the slowness of the retaliatory actions against Albanians in the Province but also the Romas, Slav Moslems, West to adequately instill full control over northern part of the city causing the death Croats, Serb speaking Jews and Turks. More the Province. Kosovo is becoming more like of several Albanian innocent citizens and than 80 Orthodox churches have been either Albania: corrupt, anarchic, and ruled by the served to broaden the crisis. completely destroyed or severely damaged gun and the gang. The Mitrovica crisis is not playing out in since the end of the war. The ancient church- Serbs and many non-Albanians still do not a void by itself and must be approached only es, many of which had survived 500 years of have access to hospitals, the University and in the context of the overall Kosovo situa- Ottoman Moslem rule, could not survive 8 public services, simply because they cannot tion. The fact remains that after the war ex- months of the internationally guaranteed even freely walk in the street. They are un- tremists Albanians have not been fully dis- peace. Regretfully, all this happens in the employed and confined to life in poverty of armed and have continued their repression presence of KFOR and UN. Kosovo more and their rural enclaves out of which they can and ethnic cleansing of Serbs and other non- more becomes ethnically clean while orga- move only under the KFOR military escort. Albanians wherever and whenever they have nized crime and discrimination against the The Serbian language is completely banished had opportunity to do so. Unfortunately, non-Albanians is epidemic. from the public life. All Serb inscriptions, such a situation as we have now in Kosovo Two thirds of the pre-war Serb population road signs and advertisements have been sys- has opened a door for the Belgrade regime, (200,000 people) fled the province under Alba- tematically removed and the usage of Ser- which is ow trying to profit from this situa- nian pressure. In addition more than 50,000 bian language in Albanian dominated areas tion and consolidate the division of Romas, Slav Moslems, Croat Catholics and is reason enough for anyone to be shot right Mitrovica for their own reasons. Each Serb others have also been cleansed from Kosovo. on the spot. Thousands of Serb books in pub- victim in Kosovo strengthens Milosevic’s po- More than 400 Serbs have been killed and lic libraries have been systematically burned sition in Serbia. Albanian extremists on the nearly 600 abducted by Albanian extremists while all unguarded Serb cultural monu- other hand want to disrupt the only remain- during this same period of peace. Tragically, ments and statues have been torn down and ing Serb stronghold in the city in order to this suffering of Serbs and other non-Alba- destroyed. drive the Serbs completely out of Kosovo. nians proportionally (with respect to popu- The Serbs who remain in major cities are Regretfully, the international community lation) represents more extensive suffering in the worst situation of all. Out of 40,000 seems not to be fully aware of the com- in peacetime than the Albanian suffering pre-war Serb population in Pristina today plexity of the Mitrovica problem and has de- during the war. This is a tragic record for there remain only 300 elderly people who live spite all Albanian crimes and terror in the any post war peace mission, especially for in a kind of house arrest. They cannot go last 8 months one-sidedly condemned Serbs this mission in which the Western Govern- into the street without military protection for this violence. ments and NATO have invested so much of and only thanks to KFOR soldiers and hu- This skewed view of the problem will only their credibility and authority. manitarian organizations do they receive serve to encourage Albanian extremism, con- Despite the sympathy for all of the suf- food and medicines, which they are not al- firm Milosevic’s theory of anti-Serb conspir- fering of Kosovo Albanians during the war, lowed to buy in Albanian shops. Almost all acies that he uses to solidify his hold on retaliation against innocent civilians cannot Serb shops are now in Albanian hands. In power and will eventually lead to final exo- be justified in any way. It is becoming more other areas Albanians are greatly pressuring dus of the Serb community in Kosovo. and more a well-orchestrated nationalist ide- Serbs to sell their property under threats Milosevic obviously remains at the core of ology directed towards achieving the com- and extortion. Those who refuse usually have the problem but he is not the greatest cause plete ethnic cleansing of the Province. The their houses torched or are killed as an ex- of the current round of violence and purges— extremists believe that without Serbs and ample to other Serbs. Grenade attacks on the international community must find ways their holy sites in Kosovo independence Serb houses; on few remaining Serb shops for controlling Albanian extremists. would then become a fait accompli. The and restaurants force more and more Serbs We maintain our belief that the present present repression against non-Albanians is to leave Kosovo. If this repression and perse- tragedy in Kosovo is not what Americans carried out with the full knowledge of the cution is continued unabated it is likely that wanted when they supported the policy of

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7635 the Administration to intervene on behalf of Federal Republic of Yugoslavia. It is our McNamara noted. In general, he and others suffering Albanians. In fact international firm belief that the question of the future suggested, there is simply a tendency to put community now faces a serious failure in status of Kosovo must not be discussed be- an optimistic gloss on events here and to Kosovo because it has not managed to tween Kosovo’s Albanians and Serbs only, avoid confrontation with former guerrillas marginalize extremist Albanians while at but also with the participation of the inter- who fought for independence for Kosovo or the same time Milosevic has been politically national community and the future demo- with increasingly active gangs of organized strengthened by the bombing and sanctions cratic governments of Serbia and FRY and in criminals. (which ordinary Serbs understand as being accordance with international law and the ‘‘This violence against the minorities has directed against innocent civilians). There- Helsinki Final Act. been too prolonged and too widespread not to fore we expect now from the international We believe in God and in His providence be systematic,’’ Mr. McNamara said, giving community and primarily from United but we hope that US Congress and Adminis- voice to views that he has made known States to show more determination in pro- tration will support our suffering people, throughout his time here. ‘‘We can’t easily tecting and supporting Kosovo Serbs and which want to remain where we have been say who’s behind it, but we can say we have other ethnic groups who suffer under ethnic living for centuries, in the land of our ances- not seen any organized effort to stop it or Albanian extremists. A way must be found to tors. any effort to back up the rhetoric of toler- fully implement UNSC Resolution 1244 in its EXHIBIT 2 ance from Albanian leaders with any mean- ingful action.’’ whole. U.N. OFFICIAL WARNS OF LOSING THE PEACE IN We have a few practical proposals for im- In the year since NATO took over complete KOSOVO proving the situation in Kosovo: control of Kosovo and Serbian troops and po- 1. KFOR should be more robust in sup- (By Steven Erlanger) licemen left the province, there have been pressing violence, organized crime and As the humane ‘‘pillar’’ of the United Na- some 500 killings, a disproportionate number should more effectively protect the non-Al- tions administration in Kosovo prepares to of them committed against Serbs and other banian population from extremists. This is shut down, its job of emergency relief minorities. required by the UNSC Resolution. deemed to be over, its director has some ad- But there has not been a single conviction. 2. More International Police should be de- vice for the next great international mission The judicial system is still not functioning, ployed in Kosovo. Borders with Macedonia to rebuild a country: be prepared to invest as and local and international officials here say and Albania must be better secured, and much money and effort in winning the peace that witnesses are intimidated or killed and UNMIK should establish local administra- as in fighting the war. are afraid to come forward, pressure has been tion with Serbs in areas where they live as Dennis McNamara, the United Nations spe- put on some judges to quit and many of compact population. Judicial system must cial envoy for humanitarian affairs, regional those arrested for murder and other serious become operational as soon as possible. director for the United Nations high commis- crimes have been released, either because of International judges must be recruited at sioner for refugees and a deputy to the lack of prison space or the inability to bring this stage when Kosovo judges cannot act United Nations chief administrator in them to trial. impartially due to political pressures. Kosovo, Bernard Kouchner, leaves Kosovo Only recently has the United Nations de- 3. International community must build a proud of the way the international commu- cided to bring in international prosecutors strategy to return displaced Kosovo Serbs nity saved lives here after the war, which and judges, but finding them and persuading and others to their homes soon while pro- ended a year ago. them to come to Kosovo has not been easy. viding better security for them and their re- Mr. McNamara helped to coordinate nearly And foreign governments have been very ligious and cultural shrines. Post war ethnic 300 private and government organizations to slow to send the police officers they prom- cleansing must not be legalized nor accept- provide emergency shelter, food, health care ised to patrol the streets. ed—private and Church property has to be and transport to nearly one million Kosovo Now, some 3,100 of a promised 4,800 have ar- restored to rightful owners. Law and order Albanian refugees who have returned. rived, although Mr. Kouchner wanted 6,000. must be established and fully enforced. With- Despite delays in aid and reconstruction, The big problem, Mr. McNamara said, is the out at least an initial repatriation of Serbs, including severe shortages of electricity and generally poor quality of the police officers Romas, Slav Moslems and others Kosovo running water, no one is known to have died who have come, some of whom have had to elections would be unfair and unacceptable. here last winter from exposure or hunger. Up be sent home because they could neither 4. The International Community, espe- to half of the population—900,000 people a drive nor handle their weapons. And coordi- cially, US, should make clear to Kosovo Al- day—was fed by international agencies last nation between the police and the military banian leaders that they cannot continue winter and spring, and a program to clear has been haphazard and slow. with the ethnic cleansing under the protec- land mines and unexploded NATO ordnance ‘‘The West should have started to build up torate of Western democratic governments. is proceeding apace. institutions of a civil society from Day 1,’’ Investment policy and political support must But Mr. McNamara, 54, a New Zealander Mr. McNamara said. ‘‘And there should have be conditioned to full compliance by ethnic who began his United Nations refugee work been a wide use of emergency powers by the Albanian leaders with the UNSC Resolution in 1975 with the exodus of the Vietnamese military at the beginning to prevent the 1244. KLA militants must be fully disarmed. boat people, is caustic about the continuing growth of this culture of impunity, where no The ICTY should launch impartial investiga- and worsening violence against non-Albanian one is punished. I’m a human rights lawyer, tions on all criminal acts committed both by minorities in Kosovo, especially the remain- but I’d break the rules to establish order and Serbs and Albanians. ing Serbs and Roma, or Gypsies. He says the security at the start, to get the word out 5. The international community should United Nations, Western governments and that it’s not for free.’’ also support moderate Serbs in regaining NATO have been too slow and timid in their Similarly, the NATO troops that form the their leading role in the Kosovo Serb com- response. backbone of the United Nations peace- munity and thus provide for the conditions ‘‘There was from the start an environment keeping force here were too cautious about for their participation in the Interim Admin- of tolerance for intolerance and revenge,’’ he breaking down the artificial barrier created istrative Kosovo Structure. Since the co- said. ‘‘There was no real effort or interest in by the Serbs in the northern Kosovo town of operation of moderate Serb leaders with trying to deter or stop it. There was an im- Mitrovica, Mr. McNamara said. KFOR and UNMIK has not brought visible plicit endorsement of it by everybody—by Northern Mitrovica is now inhabited al- improvement to the lives of Serbs in their the silence of the Albanian political leader- most entirely by Serbs, marking an informal remaining enclaves, Milosevic’s supporters ship and by the lack of active discourage- partition of Kosovo that extends up to the are gaining more confidence among besieged ment of it by the West.’’ province’s border with the rest of Serbia, and frightened Serbs, which can seriously ob- Action was needed, he said, in the first creating a zone where the Yugoslav govern- struct the peace process. Moderate Serbs days and weeks, when the old images of Al- ment of President Slobodan Milosevic exer- gathered around Serb National Council need banians forced out of Kosovo on their trac- cises significant control, infuriating their own independent media; better commu- tors were replaced by Serbs fleeing Kosovo Kosovo’s Albanian majority. nication between enclaves and other forms of on their tractors, and as it became clear that ‘‘Having allowed Mitrovica to slip away in support to make their voice better heard and the effort to push minorities out of Kosovo the first days and weeks, it’s very hard to re- understood within their own community. was continuing and organized. gain it now,’’ Mr. McNamara said. ‘‘Why International humanitarian aid distribution ‘‘This is not why we fought the war,’’ Mr. wasn’t there strong action to take control of in Serb inhabited areas currently being dis- McNamara said. He noted that in recent Mitrovica from the outset? We’re living with tributed more or less through Milosevic’s weeks there had been a new spate of com- the consequences of that now.’’ people who have used this to impose them- ments by Western leaders, including Presi- In the last two months, as attacks on selves as local leaders, has to be channeled dent Clinton, Secretary of State Madeleine Serbs have increased again in Kosovo, Serbs through the Church and the Serb National K. Albright and the NATO secretary general, in northern Mitrovica have attacked United Council humanitarian network. Lord Robertson, warning the Albanians that Nations aid workers, equipment of offices, 6. The last but not least, the issue of status the West would not continue its support for causing Mr. McNamara to pull aid workers must remain frozen until there is genuine Kosovo if violence against minorities contin- temporarily out of the town. After promises and stable progress in eliminating violence ued at such a pace and in organized fashion. from the effective leader of the northern and introducing democratization not only in But previous warnings and admonitions Mitrovica Serbs, Oliver Ivanovic, those Kosovo but also in Serbia proper and the have not been followed by any action, Mr. workers returned.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7636 CONGRESSIONAL RECORD — SENATE July 26, 2000 Another significant problem has been the He paused, and added: ‘‘Here I discovered rious fashion, organized, Albanian efforts to lack of a ‘‘unified command’’ of the peace- hatred deeper than anywhere in the world, drive the remaining Serbs out of Kosovo and keeping troops, Mr. McNamara said. Their more than in Cambodia or Vietnam or Bos- prevent the return of those who fled, the offi- overall commander, currently a Spanish gen- nia. Usually someone, a doctor or a jour- cials say. eral, cannot order around the troops of con- nalist, will say, ‘I know someone on the The discovery last month of some 70 tons stituent countries. Washington controls the other side.’ But here, no. They had no real of arms, hidden away by the former Kosovo American troops, Paris the French ones and relationship with the other community.’’ Liberation Army and not handed over as so on. The hatred, he suggested, can be daunting promised to the peacekeepers, took no one And there are no common rules of engage- and has plunged him and his colleagues into here by surprise. ment or behavior in the various countries’ despair. ‘‘Sometimes we got tired and ex- ‘‘It was a success,’’ Mr. Kouchner said, military sectors of Kosovo. hausted, and we didn’t want a reward, not ‘‘not a surprise.’’ ‘‘The disparities in the sectors are real,’’ like that, but just a little smile,’’ he said In fact, senior United Nations and NATO officials say, the existence of the arms cache Mr. McNamara said. And after American wanly. ‘‘I’m looking for moments of real was known and the timing of the discovery troops were stoned as they tried to aid happiness, but you know just now I’m a bit was a message to the former rebels, who had French troops in Mitrovica last spring, the dry.’’ But he is proud that everyone has per- recently used some of the weapons, to stop Pentagon ordered the American commander sisted nonetheless. their organized attacks on Serbs and mod- As for himself, he said, ‘‘my only real suc- here not to send his troops out of the Amer- erate Albanian politicians. ican sector of Kosovo. cess is to set up this administration,’’ per- But few here expect the arrest of former While the Pentagon denies a blanket ban, suading Albanian and some Serbian leaders rebel commanders who are widely suspected officers in the Kosovo peacekeeping oper- to cooperate with foreign officials and begin of involvement in corruption or political vio- ation support Mr. McNamara’s assertion. to share some executive responsibility. lence. The reaction may be volatile, officials They say no commanders here want to risk When the head of the local Serbian Ortho- say: troops could be attacked and the shaky their troops in the kind of significant con- dox Church, Bishop Kyr Artemije, and the political cooperation with the Albanians un- frontation required to break down the ethnic leaders of perhaps half of Kosovo’s Serbs de- dermined. barriers of Mitrovica. cided to join as observers, ‘‘we were very Is the United Nations peacekeeping force The United Nations has had difficulties of happy then,’’ he said. ‘‘We were jumping in too timid? Mr. Kouchner paused and organization and financing, Mr. McNamara the air. We believed then that we were reach- shrugged. ‘‘Of course,’’ he finally said. ‘‘But readily acknowledges. ‘‘but governments ing the point of no return. what can we do? Everything in the inter- must bear the main responsibility,’’ he said, But even those Serbs left the executive national community works by compromise.’’ ‘‘Governments decide what the United Na- council set up by Mr. Kouchner, only to re- Foreign policemen are also too timid and tions will be, and what resources govern- turn after securing written promises for bet- take too long with investigations that never ments commit to the conflict they won’t ter security that have prompted the Alba- seem to be finished, Mr. Kouchner says. But commit to the peace.’’ nian Hashim Thaci, former leader of the sep- at least now, more than 3,100 of the 4,800 Governments want to dump problems like aratist Kosovo Liberation Army, to suspend international police officers he has been Kosovo onto the United Nations to avoid re- his own participation. promised—even if not the 6,000 he wanted— sponsibility, he said. The United Nations Bishop Artemije’s chief aide, the Rev. Sava are here, and a Kosovo police academy is should develop ‘‘a serious checklist’’ of re- Janjic, said carefully: ‘‘Kouchner has not turning out graduates. quirements and commitments from govern- been serious in his promises, and the efforts One of Mr. Kouchner’s biggest regrets is ments before it agrees to another Kosovo, to demilitarize the Kosovo Liberation Army the slow arrival of the police, which bred a Mr. McNamara said, ‘‘and the U.N. should be are very inefficient. But he is sincere, and culture of impunity. More than 500 murders able to say no.’’ this written document is important on its have taken place in the year since the own.’’ United Nations force took complete control U.N. CHIEF IN KOSOVO TAKES STOCK OF TOUGH A senior Albanian politician said Mr. of the province, and no one has yet been con- YEAR Kouchner was ‘‘the wrong man for the job,’’ victed. (By Steven Erlanger) which he said required more forcefulness and There are still only four international Bernard Kouchner, the emotional chief of less empathy. ‘‘After a year, you still can’t judges and prosecutors in a province where the United Nations administration in talk of the rule of law.’’ Still, the politician violence and intimidation mean neither Kosovo, has made it through a tumultuous said, ‘‘Kouchner’s instincts are good—he Serbs nor Albanians can administer fair jus- year. knew he had to co-opt the Albanians, that tice. Last November, when the province’s water the U.N. couldn’t run the place alone.’’ What depresses him most, Mr. Kouchner and power were almost nonexistent, the West Less successful, most officials and analysts says, is the persistence of ethnic violence was not providing the money or personnel it interviewed here said, is Mr. Kouchner’s even against the innocent and the care- promised and the cold was as profound and sometimes flighty, sometimes secretive givers. One of his worst moments came last bitter as the ethnic hatred, Mr. Kouchner management of the clumsy international bu- winter, he said, when a Serbian obstetrician was in a depression so deep that his staff reaucracy itself in the year since Secretary who cared for women of all ethnic groups thought he might quit. General Kofi Annan sent him here to run the was murdered by Albanians in Gnjilane, in He spoke darkly then of ‘‘how hard it is to United Nations administration in Kosovo. the sector of Kosovo patrolled by American change the human soul,’’ of the quick fatigue Alongside the bureaucrats are the 45,000 units of the United Nations force. of Western leaders who prosecuted the war troops of the NATO-led Kosovo Force, known ‘‘He was a doctor!’’ Mr. Kouchner ex- with Serbia over Kosovo and had no interest as KFOR, responsible to their home govern- claimed, still appalled. ‘‘It was the reverse of in hearing about its problematic aftermath, ments, not to Mr. Kouchner or even to the everything we did with Doctors Without Bor- of the impenetrability of the local Serbs and force’s commander. And while Mr. Kouchner ders.’’ While Mr. Kouchner says he has put him- Albanians, with their tribal, feudal passions. was able to persuade the former commander, self alongside ‘‘the new victims,’’ the minor- ‘‘I’ve never heard an Albanian joke,’’ he Gen. Klause Reinhardt of Germany, to do ity Serbs, he carries with him his visit to the said sadly, looking around his dreary office, more to help the civilian side, they were mass graves of slain Albanians. the former seat of the Serbian power here. both less successful with Washington, Paris, ‘‘I’m angry that world opinion has changed ‘‘Do they have a sense of humor?’’ Bonn, Rome and London. so quickly,’’ he said. ‘‘They were aware be- Now, in a blistering summer, Mr. The affliction known here as ‘‘Bosnian dis- fore of the beatings and the killings of Alba- Kouchner’s mood has improved. A French ease’’—with well-armed troops unwilling to nians, but now they say, ‘There is ethnic physician who founded Doctors Without Bor- take risks that might cause them harm—has cleansing of the Serbs.’ But it is not the ders because he became fed up with inter- settled into Kosovo, say Mr. Kouchner’s aids same—it’s revenge.’’ national bureaucracy, he is not an inter- and even some senior officers of the United He does savor the international military national bureaucrat, sometimes uneasy in Nations force. intervention on moral and humane grounds. his skin. He still goes up and down with the Consequently, some serious problems—like ‘‘I don’t know if we will succeed in Kosovo,’’ vagaries of this broken province, with its the division of the northern town of he said. ‘‘But already we’ve won. We stopped ramshackle infrastructure, chaotic traffic Mitrovica into Serbian and Albanian halves the oppression of the Albanians of Kosovo.’’ and lack of real law or justice. And without that also marks the informal partition of Mr. Kouchner paused, lost in thought and question, he admits, some of those problems Kosovo—appear likely not to be solved but memory. ‘‘It was my dream,’’ he said softly. can be laid at his door. simply ‘‘managed,’’ no matter how much ‘‘My grandparents died in Auschwitz,’’ he ‘‘Of course I’m not the perfect model of a they embolden Belgrade or undermine the said, opening a normally closed door. ‘‘If bureaucrat and an administrator,’’ he said. confidence of Kosovo Albanians in the good only the international community was brave ‘‘But we have succeeded in the main thing’’: will be of their saviors. It was on the bridge enough just to bomb the railways there,’’ stopping the oppression of Kosovo’s Alba- dividing Mitrovica—not in Paris—that Mr. which took the Nazis’ victims to the death nians by Belgrade, bringing them home and Kouchner chose to spend his New Year’s Eve, camp. ‘‘But all the opportunities were letting them restart their lives in freedom. making a hopeful toast, so far in vain, to missed.’’ And yet, he said, ‘‘I have not succeeded in reconciliation. That, he said, is why he became involved, human terms’’ with a traumatized popu- Nor will the peacekeeping troops do much early on, in Biafra, the region whose seces- lation. ‘‘They still hate one another deeply.’’ to stop organized crime or confront, in a se- sion touched off the Nigerian civil war of

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7637 1967–70, in which perhaps one million people 11. Believing that the people of Serbia Organization and other non-governmental died. And it was what drives him in Kosovo. share the right of all peope to enjoy life organizations to actively promote respect for Mr. Kouchner, now 60, holds to the healing under democratic institutions; human rights and the rule of law; power of time. He points to the reconcili- 12. Viewing democratic development 26. Urges participating States to provide ation now of Germany and Israel, and of throughout Serbia and Montenegro as essen- sufficient numbers of civilian police to those France and Germany. tial to long-term stability in the region, in- international policing efforts deployed in ‘‘Working with Klaus Reinhardt is a good cluding the implementation of agreements conjunction with peacekeeping efforts in memory,’’ he said. ‘‘He called me his twin regarding Bosnia and Herzegovina and post-conflict situations such as Kosovo; brother.’’ They both came of age in the Eu- Kosovo; 27. Calls upon the international commu- rope of 1968. ‘‘I’m a Frenchman and he’s a 13. Noting that the regime of Slobodan nity to target assistance programmes to help German,’’ and 50 years ago, he said, ‘‘no one Milosevic has been engaged in a planned ef- those persons returning to their original could imagine this.’’ fort both to repress independent media, and homes have the personal security and eco- ‘‘It’s much easier to make war than to crush political opposition, in Serbia, nomic opportunity to remain; peace,’’ Mr. Kouchner said. ‘‘To make peace through the use of unwarranted fines, ar- 28. Calls upon the participating States to takes generations, a deep movement and a rests, detentions, seizures, blackouts, jam- organize, including through the OSCE and change of the spirit.’’ He smiled, looked ming, and possibly assassination attempts, its Office for Democratic Institutions and away. ‘‘It’s why I sometimes want to believe and also engaged in an effort to stop student Human Rights (ODIHR) programmes that in God.’’ and other independent movements; can assist and promote democratic change in EXHIBIT NO. 3 14. Recognizing the importance of the Sta- Serbia, and protect it in Montenegro; and bility Pact to the long-term prosperity, 29. Reiterates its condemnation of any ef- RESOLUTION ON SOUTHEASTERN EUROPE peace and stability of southeastern Europe; fort to provide persons indicted by the Inter- The OSCE Parliamentary Assembly, 15. Supporting OSCE Missions throughout national Criminal Tribunal for the Former 1. Recalling that conflicts in the former the region in their efforts to ensure peace, Yugoslavia, and its support for sanctioning Yugoslavia since 1991 have been marked by security and the construction of civil soci- any State which provides such persons with open aggression and assaults on innocent ci- ety; and any form of protection from arrest. vilian populations, have been largely insti- 16. Recalling the legally binding obligation The PRESIDING OFFICER. The Sen- gated and carried out by the regime of of States to cooperate fully with the Inter- ator from Iowa. Slobodan Milosevic and its supporters, and national Criminal Tribunal for the former have caused the deaths of hundreds of thou- Yugoslavia, contained in UN Security Coun- f sands of people; the rape, illegal detention cil Resolution 827 or 25 May 1993, including TENTH ANNIVERSARY OF AMERI- and torture of tens of thousands; the forced the apprehension of indicted persons present CANS WITH DISABILITIES ACT displacement of millions; and the destruc- on their territory and the prompt surrender tion of property on a massive scale, includ- of such person to the Tribunal; Mr. HARKIN. Mr. President, I ask ing places of worship; 17. Insists that all parties in the region the indulgence of the Senate to do 2. Viewing the overall rate of return of ref- make the utmost effort to ensure the safe re- something that I did 10 years ago; that ugees and displaced persons throughout the turn and resettlement of all displaced per- is, to recognize the 10th anniversary of region to their original, pe-conflict homes, sons and refugees, regardless of ethnicity, re- the Americans with Disabilities Act by especially where these persons belong to a ligious belief or political orientation, and to doing what I did on the floor 10 years minority ethnic population, has been unac- work towards reconciliation between all sec- ceptably low; tions of society; ago. I will do a little bit of sign lan- 3. Reaffirming the necessity of fulfilling in 18. Encourages members of all ethnic guage with respect to that. good faith UNSC resolution 1244 for the set- groups in southeastern Europe, especially in (Signing.) tlement of the situation in Kosovo, Federal Kosovo, Bosnia and Serbia, to respect human Mr. President, what I just said in Republic of Yugoslavia; rights and the rule of law; sign language was that 10 years ago I 4. Condemning the continuing violence in 19. Reiterates its call upon all authorities stood on the floor of the Senate and Kosovo against members of the Serb and of the Federal Republic of Yugoslavia, in ac- spoke in sign language when we passed other minority communities, including hun- cordance with international humanitarian the Americans with Disabilities Act. dreds of incidents of arson and damaged or law, to continue to provide for the ICRC on- The reason I did that was because my destroyed Serbian Orthodox church sites, going access to all ethnic Albanians kept in and dozens of aggravated assaults and mur- prisons in Serbia, to ensure the humane brother Frank was my inspiration for ders; treatment of such prisoners, and to arrange all of my work here in Congress on dis- 5. Reaffirming the commitment to the sov- for the release of prisoners held without ability law. ereignty and territorial integrity of the Fed- charge; That was the reason that I became eral Republic of Yugoslavia, as stipulated by 20. Encourages the newly elected leader- the chief sponsor of the Americans UNSC resolution 1244; ship of Croatia to continue their efforts to With Disabilities Act. I further said 6. Noting that the OSCE and the United reform and modernize their country in a that I was sorry to say that my brother Nations High Commissioner for Refugees manner that reflects a commitment to passed away last month. Over the last (UNHCR) have jointly reported that a lack of human rights, the rule of law, democracy security, freedom of movement, language and a market-based economy; 10 years, he always said me that he was policy, access to health care and access to 21. Condemns the repressive measures sorry the ADA was not there for him education, social welfare services and public taken by the regime of Slobodan Milosevic when he was growing up, but that he utilities are devastating the minority com- to suppress free media, to stop student and was happy that it was here now for munities of Kosovo; other independent movements, and to in- young people so they would have a bet- 7. Expressing concern for the situation of timidate political opposition in Serbia, all in ter future. Mr. President, we do cele- missing Albanians, Serbs and people of other blatant violation of OSCE norms; brate today the tenth anniversary of nationalities in Kosovo and for ethnic Alba- 22. Urges the regime of Slobodan Milosevic nians kept in prisons in Serbia; to immediately cease its repressive measures the Americans With Disabilities Act, 8. Noting that reports indicate that hun- and to allow free and fair elections to be held which has taken its place as one of the dreds, and perhaps thousands, of ethnic Alba- at all levels of government throughout Ser- greatest civil rights laws in our his- nians, transferred from Kosovo to jails in bia and monitored by the international com- tory. Serbia proper around the time of the entry of munity; When you think about it, ten years international forces into Kosovo, have not 23. Calls upon Slobodan Milosevic to re- ago, on July 25, 1990, a person with a been released in the year since, that several spect human rights and other international disability saw an ad in the paper for a have received harsh sentences in show trials, norms of behaviour in Montenegro; job for which that person was qualified, and that problems regarding access to and 24. Calls upon the international commu- treatment of such prisoners continue; nity to fully implement the Stability Pact, and went down to the business to inter- 9. Recalling that the people and govern- under OSCE auspices, in an effort to inte- view for the job. The prospective em- ments of the former Yugoslav Republic of grate the nations of South-Eastern Europe ployer could look at that person and Macedonia and Slovenia have positive into the broader European community, and say: we don’t hire people like you, get records of respect for the rights of persons to strengthen those countries in their efforts out of here. On July 25, 1990, that per- belonging jto national minorities, the rule of to foster peace, democracy, respect for son was alone. The courthouse door law and democratic traditions since inde- human rights and economic prosperity, in was closed. There was no recourse for pendence; order to achieve stability in the whole re- that person because there was no ban 10. Welcoming the commitment of the gion; newly elected leadership of Croatia to 25. Encourages all representatives of the on discrimination because of disability. progress regarding respect for human rights, international community operating in south- We banned it on the basis of race, sex, refugee returns and the elimination of cor- eastern Europe, including the OSCE, the religion, national origin, but not dis- ruption; United Nations, the North Atlantic Treaty ability. So on July 25, 1990, a person

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7638 CONGRESSIONAL RECORD — SENATE July 26, 2000 with a disability held the short end of Frank that night, because in 10 years spouse and your wheelchair. Oh, the joy of the stick. of working there he had not missed one now knowing there are rest areas where we But one day later, on July 26, 1990, day of work and hadn’t been late once. can stop, enter in without great difficulty, the courthouse doors were opened. A Mr. President, that is during Iowa win- and then travel on to a waiting accessible person with a disability could now go motel room! What a good feeling to call ters. So, again, that is an indication of ahead, make reservations and know that down to that courthouse and enforce just how hard-working and dedicated when we arrive there we’d find a clean room, his or her civil rights. On July 26th, people with disabilities are when they ready to accommodate my needs. that one person who was alone the day do get a job. He worked at that plant A man from St. Paul, Minnesota who before became 54 million people, and for 23 years, and in 23 years he missed is visually-impaired wrote to say that now that short end of the stick became 3 days of work. And that was because of because of accommodations required a powerful club by which a disabled an unusual blizzard. by the ADA, he can use city buses with American could defend his or her Another little funny aside. In ADA, dignity, hear the audible traffic sig- rights. we mandated a nationwide relay sys- nals, and work. He said that the ADA Ten years ago, we as a Nation com- tem for the deaf, so that a deaf person also enables him to enjoy cultural ac- mitted ourselves to the principle that a could call a hearing person, and a hear- tivities, because he can listen to narra- disability does not eliminate a person’s ing person could call a deaf person tions of plays through earphones and right to participate in the cultural, without having to use the TTY. One of basketball games through special radio economic, educational, political and the first calls made on the nationwide receivers. In his words: social mainstream. Ten years ago, we relay system was from the White House said no to exclusion, no to dependence, in 1993, when President Clinton put in a [The ADA] has made my life 1000 times bet- no to segregation. We said yes to inclu- ter than my father’s who was also totally call to my brother Frank. We had it all blind. sion, yes to independence, and yes to set up. President Clinton called the integration in our society to people number, and the line was busy. All the And, a woman from Corpus Christi, with disabilities. That is what the ADA national press was there and every- Texas, whose daughter is hearing im- is all about. thing. He waited a few seconds and the paired told me that her daughter is For me, the ADA, as I have just said, line was busy again. It was busy three able to join her schoolmates in classes was a lot about my brother Frank. He or four times. Finally, I called my and activities because of relay services lost his hearing at an early age. Then neighbor in Cumming, Iowa, and I said, and interpreters. The mother also told he was taken from his home, his family ‘‘Go over and find out what is going me that because of the ADA-required and his community and sent across the on.’’ My brother was so excited that he relay services, her daughter was able to State to the Iowa State school for the had been on the phone talking to his speak with her father for the first deaf. People often referred to it as the friends. He forgot that the President time. school for the ‘‘deaf and dumb.’’ I re- was going to call him. President Clin- When my daughter was just 4 years old, she member one time my brother telling ton related that story at the FDR me- got to call her real father for the first time. me, ‘‘I may be deaf, but I am not morial this morning in celebration of I wish you could have seen the sparkle in her eyes and the tears in mine as she ‘talked’ dumb.’’ the Americans With Disabilities Act While at school, Frank was told he with her daddy. It took forever (she couldn’t and reminded me again of what the type) but the relay service was friendly and could be one of three things: a cobbler, ADA was all about. As President Clin- patient. I believe that Relay has played a a printers assistant, or a baker. When ton so eloquently said this morning, it part in keeping their relationship strong. he said he didn’t want to be any one of is about ensuring that every American Every little girl needs her daddy. those things. They said, OK, you are a can just do ordinary things, such as use Mr. President, I have a whole stack baker. So after he got out of school, he the phone, go shopping, use public of these stories. I will not ask permis- became a baker. But that is not what transportation. It is also about ensur- sion for all, but I ask unanimous con- he wanted to do. So he went on to do ing that every American has access to sent to have some of the more poignant other things, obviously. resources as fundamental as health in- stories that I received from around the Everyday tasks were always hard. I surance, a job, an education—things country be printed in the RECORD. They remember, as a young boy, going with that we take for granted. are very short. my older brother Frank to a store and The ADA is about designing our poli- There being no objection, the mate- how the sales person, when she found cies and physical environment so that rial was ordered to be printed in the out that he was deaf, looked through we as a Nation can benefit from the RECORD, as follows: him like he was invisible and turned to talent of every citizen. It is about ac- me to ask me what he wanted; or how SUCCESS STORIES FROM U.S. SENATOR TOM knowledging that it costs much more HARKIN’S ‘‘A DAY IN THE LIFE OF THE AMER- when he wanted to get a driver’s li- to squander the potential of millions of ICANS WITH DISABILITIES ACT’’ CAMPAIGN cense, he was told that ‘‘deaf people people than to make the modest ac- NEW YORK don’t drive.’’ So his life was not easy commodations that let all Americans Summary: According to a man in New because the deck was stacked against contribute fully. It is about tearing him. He truly held the short end of the York with cerebral palsy, the ADA-required down the false dichotomy of abled and ramps, elevators, automatic doors, curb cuts, stick. disabled, and realizing that each of us and accessible transportation have allowed I remember when my brother finally has a unique set of abilities. him to be more independent in his life. changed jobs. He got out of baking and Mr. President, a few weeks ago, in Thanks to the ADA, he is now able to do his got a job at a plant in Des Moines. He anticipation of this tenth anniversary own banking, go to the post office or shop by had a good job at Delavan’s. Mr. celebration of ADA, I announced ‘‘A himself, or enjoy a meal at a restaurant. Delavan decided he wanted to hire peo- Day in the Life of the ADA Campaign.’’ Reasonable accommodation requirements ple with disabilities, and so my brother have allowed him to work as an advocate for I asked people from across America to people with disabilities and earn money to went to work there. He had a great job. send stories about how their lives are He became a drill press operator mak- contribute to his household expenses. In his different because of ADA. I wanted to words, the ADA has allowed him to ‘‘show ing jet nozzles for jet engines. He was find out just what the ADA meant to my community that I am willing and able to very proud of his work. Later on, I was other people in ordinary life. be like anyone else in ways like getting a job in the Navy, in the military. I remem- Based on these stories, I have learned and being independent.’’ ber when I came home on leave for that the ADA is truly changing the Quotation: [Prior to the ADA,] I felt that I Christmas, and I was unmarried at the face of America. was not a real human being because people time. I came home to spend it with my A woman from Vinton, Iowa who uses with disabilities . . . were not supposed to be seen or heard . . . [The ADA] opened the door brother Frank, who was also unmar- a wheelchair wrote to tell me that be- ried, and the company he worked for to freedom for people with all types of dis- cause of the ADA, she now can travel abilities . . . The ADA is a step toward had a Christmas dinner. So I went with around the country. She said: reaching equal ground for EVERYONE! . . . my brother to it, not knowing that You can’t understand until you’ve been Doing things on my own makes me feel like anything special was going to happen. there, searching for a hotel room, a restroom I am a PERSON and gives me a lot of con- It turned out that they were honoring to stop in, a room to accommodate you, your fidence in myself’’.

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TENNESSEE arm. She credits the ADA for the construc- when she could no longer hear her students Summary: A man from Tennessee has been tion of buildings where her disability ‘‘never in the classroom. In her words ‘‘it tore my quadriplegic since an automobile accident in occurs to [her]’’—with aisles wide enough to heart out to give it up.’’ Now, because of 1990, the very year that the ADA was signed. accommodate a wheelchair, bathrooms that services for disabled students required by the According to him, the ADA has helped him are accessible, and drinking fountains at ADA, she can attend literature courses at a pursue his academic, as well as employment, chair level. She writes of the joy of being al- university by wearing a headset that ampli- dreams. The ADA helped him to earn an un- lowed access, via outside elevators and fies her professor’s voice. In her words, ‘‘[it] dergraduate degree and was even the subject ramps, to such historical sites as Thomas was sheer heaven to be in the classroom of his master’s thesis during graduate school Jefferson’s Monticello and the Lincoln Me- again.’’ at a Tennessee state university. morial. GLEN ELLYN, ILLINOIS Quotation: Dear ADA, Thank you for being Quotation: [With the passage of the ADA], Summary and Quotations: A man in Glen there when we need you, the curb cuts, low- my physical impairments that had recently Ellyn, Illinois who is sight impaired regards incline ramps, the grab bars and the list goes been introduced to a cold world now had a the ADA as ‘‘a necessary civil rights law.’’ on and on . . . ADA, what life has done to us, blanket. A blanket provided by my country Because of the ADA’s employment provi- you have equalized it, with accessibility. . . . My disability and the ADA were born to- sions, he has been able to ask his employer gether and this year we celebrate 10 years of GREENBELT, MARYLAND to make materials—such as benefits infor- success, for the both of us. Summary: A man who lives in Greenbelt, mation, texts for training courses, and time MARYLAND Maryland and is hearing impaired thanks the sheets—in an alternative format. Because of Summary: A woman from Maryland is the ADA for increasing public awareness of the the ADA’s transportation provisions, he has mother of three autistic children—all of abilities the ‘‘disabled’’ have. He praises the been able to travel on public transportation, whom have benefitted from the ADA. Be- ADA for helping him become an attorney because bus drivers now call out individual cause of the ADA, she looks forward to her and allowing him to help other people with stops. Because of the ADA’s public accommo- children graduating from school and working disabilities ‘‘achieve their dreams.’’ Accord- dation requirements, he is able to order what in the community when they grow up. ing to him, the ADA has impacted almost he wants at restaurants and to attend hotels Quotations: Ten years ago before the ADA every aspect of his daily life, from the time and movie theaters independently. my boys would have been wrenched with he turns on the television with closed-cap- BROOKLINE, MASSACHUSETTS heart ache as they walked with their heads tioning in the morning, to the time he at- hung down in shame. They would feel the tends a city advisory meeting with an inter- Summary and Quotations: A hearing-im- pain of having a disorder that would make preter at night. paired man from Brookline, Massachusetts, them stand and learn apart from the other Quotation: The impact of the ADA is felt writes to praise the ADA. Having grown up children at school. I am not sure what their throughout my daily life. When I turn on the in Trinidad without the benefits of disability future holds in store. I know that the sup- TV in the morning, I can watch captions and legislation, he appreciates being able to at- ports are in place. public service announcements because of the tend open-captioned movie theaters, use the Boston subways, which have visual displays SACRAMENTO, CALIFORNIA ADA. When I go to work and make phone announcing stops, and have access to inter- Summary: A man with muscular dystrophy calls, I use the telecommunication relay services enacted by the ADA. I talk with my preting services for work-related meetings from Sacramento, California, cannot imag- and training sessions. He writes of the ine what his life would be like without the friends who are given accommodations on the job as required by the ADA. In the after- ‘‘growing respect’’ people give to individuals ADA and celebrates July 26 as the ‘‘Other with disabilities and ‘‘awareness’’ that is Independence Day.’’ He credits the ADA with noon I go to the doctor’s office and am able to communicate with my doctor because the motivated by more than ‘‘just a legal obliga- making his life ‘‘full and independent’’ by re- tion.’’ quiring stores, restaurants, parks, and thea- ADA has required the presence of a sign lan- ters to be accessible to all people. guage interpreter. After the doctor’s office, I ROCKY MOUNT, NORTH CAROLINA Quotation: The ADA embodies what people decide to go shopping and am able to find a Summary: A man in Rocky Mount, North with disabilities really want, to be viewed as TTY (as required by the ADA) in the mall to Carolina who has been a paraplegic all his people first, not judged or excluded because call my family and let them know that I will life thanks the ADA for allowing him ‘‘to be- of our disabilities. We want to earn a living, be a bit late arriving home. After dinner come as independent as others.’’ He now has raise families, go to restaurants, churches with my family, I go to [city meeting] . . . access to a variety of school, shopping malls, and live our lives as independently as pos- and am able to participate fully . . . because and sports and entertainment events. Be- sible with dignity and respect and not be ex- the ADA allows me to receive the services of cause of the ADA, he has job opportunities cluded because of barriers—be they architec- a sign language interpreter. In short, the that he never could have dreamed of growing tural, communication or attitudinal bar- ADA has had a major impact on almost up. riers. every facet of my life. Quotation: ‘‘When I was growing up I had MOSS POINT, MISSISSIPPI WAUKEGAN, ILLINOIS to go to certain schools and shopping malls that were accessible. Sports and entertain- Summary: A woman from Moss Point, Mis- Summary: A 25-year-old social worker who ment was something you dreamed about, but sissippi has been in a wheelchair since 1997. is sight impaired writes from Waukegan, Illi- was never able to participate in.... But The ADA makes it possible for her to do her nois. According to her, Title III of the ADA now things are different, thanks to the own grocery shopping, attend events at her has allowed her to receive bank statements [ADA] . . . [The ADA] has made us . . . able grandchildren’s school, go to dinner ‘‘any- in Braille and to balance her checkbook. She to say, ‘‘Don’t look at my disability, but where,’’ travel, and stay in a handicapped is now able to enjoy a level of privacy that look at my ability.’ ’’ room at a motel with the ‘‘greatest shower many Americans take for granted. [she has] ever seen’’. Quotation: I now receive my statements in ARKADELPHIA, ARKANSAS Quotation: No one plans to become handi- the mail every month, as do other bank cus- Summary: A sight-impaired student in capped, but I am grateful the ADA Program tomers. This might seem like a small victory Arkadelphia, Arkansas, credits the ADA for planned for me. to some. Obviously such people have never making her first year at a state university a ARROYO GRAND, CALIFORNIA been denied the ability to read something so ‘‘beautiful experience and resounding suc- personal as a bank statement. Summary: A man from Arroyo Grand, Cali- cess.’’ Because the ADA requires colleges to fornia who uses a wheelchair says that he LAS CRUCES, NEW MEXICO ensure equal access to educational informa- has benefitted from the ADA in a variety of Summary: A woman from Las Cruces, New tion, she is able to get a quality college edu- ways. Because of the ADA, he is able to Mexico, uses a wheelchair and credits the cation. watch his nieces play basketball in an acces- ADA for allowing her to ‘‘pick up and make Quotation: [The ADA] has really helped sible gymnasium, to play chess in accessible a move across the country’’ to a new home. the disabled people that are present on our recreation rooms, even to attend a Bob She says that the ADA has given her her life campus to get as good an education as pos- Dylan concert and to shut his own apart- back and made her a ‘‘possibility-thinker’’ sible and also to make their college career a ment door. again. beautiful experience and a resounding suc- Quotation: The success of the Americans Quotation: I know that things are made cess. with Disabilities Act over the last ten years possible for the disabled now because IT’S SOUTH AMBOY, NEW JERSEY was caused by its enormous power. Knowl- THE LAW. We have greater options, self-re- Summary: A woman from South Amboy, edge of its power brings improvement. The spect and better public awareness because of New Jersey who has mental, behavioral, and reason the ADA is powerful is that all busi- the ADA . . . My independence and free will learning disabilities says that the ADA has nesses know about it, and people with dis- are intact. made her feel included in community life. abilities can communicate with that power- TEXAS Through her local independent living center, ful knowledge . . . Everywhere I go today I Summary with Quotation: A woman from a psycho-social rehabilitation program, an can seriously say ‘‘ADA’’ and get a response. Texas is hearing-impaired and writes of how anger management workshop, and other sup- SALEM, INDIANA the ADA has allowed her to return to aca- port and advocacy groups, she has learned to Summary: A woman from Salem, Indiana, demia. After teaching for 20 years, she was accept her disabilities and ‘‘welcome them as uses a wheelchair and has limited use of one forced to quit teaching college-level English a dimension to [her life].’’

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7640 CONGRESSIONAL RECORD — SENATE July 26, 2000 Quotation: Most importantly, I strongly worry. The State says: Leave it to us. cause there is so much out there that believe that the ADA is breaking both phys- We will make sure that people aren’t can help people with disabilities. ical and attitudinal barriers in the commu- subject to employment discrimination. Lastly, I say that the next step we nity and society so citizens with all disabil- We will make sure that people aren’t have to do is fight and win against the ities are able to live, inclusive, full, produc- tive, and independent lives. forced to live inside institutions or car- continued segregation of people with ried up the steps in order to get into disabilities from their own commu- Mr. HARKIN. Mr. President, the the local courthouse. nities. That is why we have to move ADA, of course, ultimately is about our Some of us remember after the 1964 forward on the bill called MiCASSA, S. children. They will be the first genera- civil rights bill was passed that States 1935, a bill that is pending in the Sen- tion to grow up with the ADA—the were arguing the same thing: Leave it ate right now—the Medicaid Commu- first generation in which children with to the States; they will take care of nity Attendant Services and Supports and without disabilities play together civil rights; we don’t need the Federal Act—a bipartisan bill that will elimi- on the playground, learn together in Government coming in. nate institutional bias in the Federal school, hang out together at the mall What I think we are forgetting is Medicaid program and give people with and the movie theater, and go out to- that this is a civil rights law that cov- disabilities and the elderly a real gether for pizza. These children who ers the citizens of America. We are all choice to live in their communities. will grow up as classmates and friends in this together. We are talking about Right now, Medicaid is biased toward and neighbors will now see each other citizens’—Federal, national—constitu- institutionalization. as neighbors and coworkers—no longer tional rights to equal protection under Why shouldn’t we give a person with segregated. That is what the ADA is the law. It is up to this Federal Con- a disability the right to decide where about. It has opened up new worlds for gress to ensure that citizens with dis- he or she wants to live and how they people with disabilities—where people abilities get that equal treatment. want to live? Let them live in their with disabilities are participating more That is why we have title II of the own home, in their own community and more in their communities, living ADA. settings. That is what S. 1935 is about. fuller lives as students, as coworkers, In sign language, there is a wonderful The disability community all over this as taxpayers, as consumers, voters, and sign for America. It is this: This is the country understands personal attend- neighbors. sign for America, all of the fingers put ants are sorely needed. No individual But we must never forget that pro- together, joining the hands in a circle. should be forced into an institution hibiting discrimination is not the same That describes America for all. We are just to receive reimbursement for serv- as ensuring equal opportunity. Presi- all together. We are not separated out. ices that can be effectively and effi- dent Johnson understood this when he We are all within one circle; a family— ciently delivered in the home of the said: ‘‘[Y]ou cannot shackle men and the deaf sign. It is not separate and community. Individuals must be em- women for centuries, then bring them apart. It is not one State and another powered to exercise real choice in se- to the starting line of a race and say, State when it comes to civil rights and lecting long-term services and supports ‘You see, we’re giving you an equal ensuring equal protection of the law. that meet their unique needs and allow ″ chance.’ We will not let the Supreme Court re- them to be independent. Federal and That is why we all work so hard for write history and erase civil rights— State Medicaid policies should be re- the Ticket to Work and Work Incen- the national civil rights for people with sponsive to and not impede an individ- tives Improvement Act because we had disabilities. ual’s choice in selecting services and to set the stage to change the employ- Finally, we have to close the digital supports. ment rate for people with disabilities. divide to make sure that people with This bill eliminates the bias toward That is why we all work so hard to de- disabilities have full access to the new institutional care. It would help deliver fend the Individuals with Disabilities technologies. services and supports consistent with Education Act, because there is no Last night, Vice President Gore held the principle that people with disabil- equal opportunity without education. a reception at the Vice President’s ities have the right to live in the most I am proud that this morning Presi- house for literally hundreds and hun- integrated setting appropriate to meet- dent Clinton announced a new effort by dreds of people with disabilities from ing that individual’s unique needs. the Federal Government to open up an all over America. It was a great event In last year’s Olmstead decision, the additional 100,000 jobs in the Federal to celebrate the 10th anniversary. In Supreme Court found that to the ex- Government for people with disabil- one tent, they set up a wide variety of tent that Medicaid dollars are used to ities. That is leadership. I thank Presi- new technologies to assist people with pay for a person’s long-term care, that dent Clinton for providing that leader- disabilities. I was particularly taken person has a civil right to receive those ship. with one new device that had a cathode services in the most integrative set- Again, that is why we have to fight ray tube, CRT. It was hooked up to a tings. Therefore, we in Congress have a against genetic discrimination. That is PC. There was a little device under the responsibility to help States meet the why we have to add people with disabil- net, a CRT that looked up at your eyes. financial costs associated with serving ities to the Hate Crimes Act that You sat there for a second and it cali- people with disabilities who want to passed the Senate, and to make sure it brated it. With your eye movement leave institutions and live in the com- becomes law. alone, you could turn on lights, turn munity. MiCASSA, as the bill is That is why we have to fight to make off lights, make phone calls, talk to known, S. 1935, will provide that help. sure we don’t lose in the Supreme people, type letters, get on the Inter- A lot of people say this will cost Court what we gained in Congress. net, only by moving your eyes. money. Actually, it will save money. There is a case now pending before the Think about what that means for Medicaid spending on long-term care in Supreme Court in which a State has ar- people who have Lou Gehrig’s disease 1997 totaled $56 billion, but only $13.5 gued that title II of the ADA which ap- or severe cerebral palsy. There are a billion was spent on home and commu- plies to State governments should be lot of disabled people who can’t do any- nity-based services. That $13.5 billion held unconstitutional because the Fed- thing but move their eyes. But their paid for the care of almost 2 million eral Government does not have the mind is perfect. people. power to enforce the ADA against the One perfect example that Vice Presi- In contrast, the $42.5 billion we spent States in the way other civil rights dent Gore always uses is Stephen Haw- on institutional care paid for just a lit- laws are. kins, perhaps the smartest individual tle over 1 million people. The Civil Rights Act of 1964, which in the world, who is fully immobile be- The average annual cost of institu- prohibits discrimination on the basis of cause of his disability. Yet here is a tional care for people with disabilities race, applies to all the States and machine that will allow him to more is more than double the average annual State governments. Now a State is ar- rapidly access information and to write cost of providing home and commu- guing that the ADA, a civil rights law his wonderful books about the uni- nity-based services. Right now, all for people with disabilities, should not verse. That is what I mean when I say across the country, hundreds of thou- apply to States. They are saying: Don’t we ought to close the digital divide be- sands of people are providing unpaid

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7641 support to sons and daughters, moth- what the ADA meant for people with that group. Frequently, however, at ers, fathers, sisters and brothers, to disabilities. For 10 years he and mil- the end of the table, we would ex- allow them to remain in the commu- lions of people across our country lived change whispered remarks on some of nity. Yet when they turn to the cur- out its possibilities. So I thank my the other people or subject matter, ei- rent long-term care system for relief, brother, Frank. I thank everyone else ther present or not present. Paul all too often all they can do is add in the entire disability community who Coverdell had a wonderful sense of their name to a very long waiting list. was an inspiration for me, who worked humor, there and elsewhere: Dry, That is not right. That is not just. so hard for the Americans with Disabil- gentle, always to the point. It was a de- That is not fair. These family care ities Act. lightful pleasure to share those mo- givers are sacrificing their own em- I include in that many of my fellow ments, sometimes stressful, sometimes ployment opportunities and costing the Senators and Representatives. This marvelously relaxed, with such a man. country millions in taxable income. was never a partisan bill. It is not now If you sought advice on a matter of Lastly, I take a moment to remark a partisan bill. It will never be a par- vitally important public policy, Paul on the surplus. Lately that is all we are tisan bill. Too many good people on Coverdell was one of the first you hearing about is how much surplus we both sides of the aisle worked hard. would seek out. You knew that any- will have over the next 10 years. I hear Senator Weicker, who led the charge thing he would discuss with you would now it is up to $2 trillion and counting. early on, before I even got to the Sen- be filled with wisdom and common We have some very important decisions ate; Senator Dole, who worked so hard, sense, and that stacking your remarks to make about what we do with the so long, to make sure we got ADA against his would focus and sharpen surplus. Everyone is lining up—tax through; Boyden Grey, Counsel to the your own thoughts and your own ideas. breaks here, tax cuts here, tax breaks President who worked with us every It hardly mattered what the subject here, for business, for corporations, for step of the way; Attorney General Dick was—education, taxes, national secu- this group, for that group—all lining Thornburgh, what a giant he was, hung rity, a dozen others; the advice was al- up to get some of that surplus. in there, day after day, working to ways good and always relevant. I believe we have to make some im- make sure we got it through. On our If you then sought tactics or advice portant decisions. I believe we have to side of the aisle, Senator KENNEDY, who on how to accomplish a shared goal, use that money to pay down the debt, made sure we had all the hearings, got Paul Coverdell was a man whom you shore up Social Security, make sure the people there, made the record, to sought out. Particularly if there were that our seniors get what they need ensure that ADA was on solid ground; an individual in your own party, or in under Medicare. With all these groups Tony Coehlo from the House of Rep- the other party, whom you might be lining up to get a piece of the action on resentatives, and Representative STENY reluctant, for one reason or another, to the surplus, I am asking: What about HOYER in the House; Congressman approach, you could ask Paul Coverdell the disability community? What about Steve Bartlett, another great giant, to do it for you, and he would. There the Americans all over our country Republican leader in the House at that was no task, there was no detail that who want to live in their own commu- time, later on became mayor of Dallas. was too small for him, none that he nities, who want supportive services in He was there this morning, too. thought was beneath him, if it was con- their homes, who want personal assist- At that time, there weren’t Demo- structive, if it would help the cause in ance services so they can go to work crat and there weren’t Republicans. We the long term. every day? I believe we should use were all in that same boat together, One way in which you can determine some of that surplus to make sure that and we were all pulling together. We individuals’ reactions to other individ- all Americans have the equal right to were, as I said earlier, Mr. President— uals is in a group. At the Republican live in the community—not just in the deaf sign for Americans is this conference meeting immediately before spirit, but in reality. (signing)—all of us together, fingers the Fourth of July recess, Paul Cover- As I said, our present Medicaid policy intertwined, all of us in that same fam- dell, as the Secretary of the con- has an institutional bias. We need to ily circle. That is what ADA is about. ference, presented us a little plastic use some of this surplus to get people It is about this deaf sign. We are all in note card, the top of which read ‘‘Re- in their own homes and communities. this together. publican Policy.’’ I no longer remem- There may be some transitional cost, We want to make sure the ADA real- ber the particular subject, but I do re- but we know later on when these peo- ly does stand for the American dream member that first one or two people ple start going to work, when their for all. said, ‘‘I don’t agree with point 3.’’ Pret- families and the family care givers who I yield the floor. ty soon, everyone was piling on. Fi- are at home now and underemployed, The PRESIDING OFFICER (Mr. nally, one of our colleagues wrote are employed, when they go to work BROWNBACK). Under the previous order, across the top of this, ‘‘One Repub- they are working, making money, pay- Senator DEWINE is recognized. lican’s Policy,’’ and handed it back to ing taxes. Mr. GORTON. Mr. President, I be- Paul Coverdell, who just went back to Yes, when we are talking about what lieve the Senator from Ohio will yield perfect his message. we are going to do with that surplus, to me, and I ask unanimous consent to Whom you tease, you generally love. let’s not forget we have millions of be recognized for a few remarks in That in many respects was an expres- Americans far too long segregated, far morning business. sion of the love and respect his Repub- too long kept out of the main stream of The PRESIDING OFFICER. Without lican colleagues had for Paul Coverdell. society, far too long denied their rights objection, it is so ordered. Paul Coverdell made us all proud of as American citizens to full integration f our profession, a profession often criti- in our society. It is time we do the cized, in fact a profession rarely right thing. It is time when we make REMEMBERING SENATOR PAUL praised. When a State sends a Paul decisions about the surplus, we use COVERDELL Coverdell to the Senate, it is proof some of that to make sure that people Mr. GORTON. Mr. President, all last positive that our system works. And with disabilities are able to live and week I deferred coming to the floor to when the Senate of the United States work and travel as they want. speak about my friend, Paul Coverdell, listens to and respects and follows a ADA may stand for the Americans on the ground that it might be easier Paul Coverdell, that, too, is proof that with Disabilities Act, but it stands for to do so this week. It is not. It is not, our system works. When, as was my more than that. It really stands for the but it is vitally important to memori- privilege, you come to know and be be- American dream for all. alize such a friend. friended by a Paul Coverdell, you are In closing, as I said earlier, my Every Monday evening or Tuesday especially privileged and especially brother, Frank, passed away last morning, Paul Coverdell and I sat at honored. I was so privileged. I was so month. I miss him now and I will miss the end of the table during leadership honored. him forever. He was a wonderful broth- meetings in the majority leader’s of- I will not know his like again. er to me. He was a great friend. He was fice, with an opportunity to comment The PRESIDING OFFICER. The Sen- my great inspiration. He was proud of on all of the issues that came before ator from Ohio.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7642 CONGRESSIONAL RECORD — SENATE July 26, 2000 Mr. DEWINE. Mr. President, I con- One of the many things that Ginny COCHRAN and Senator KOHL, and also gratulate my colleague from Wash- has done over the years has been to the chairman and ranking member on ington State on very eloquent com- work with interns in a Congressman’s the full committee, Senator STEVENS ments about our dear friend, Paul office. She goes to great lengths to and Senator BYRD, for their continuing Coverdell. I had the chance a few days make sure these young people who ongoing support of Public Law 480. ago to make some more extensive com- come out from Ohio to serve the people I am very pleased the committee in- ments than I will tonight about Sen- and to learn have meaningful experi- cluded language in the Agriculture ap- ator Coverdell. But I just want to add, ences in Washington, that they feel at propriations bill that will maintain the I had the opportunity, as many Mem- home, that they have someone to look same level of USAID resources for the bers of the Senate did, to travel to At- out for them. Orphan Feeding Program in Haiti as lanta this past weekend to participate Ginny has spent the last 30 years were provided for our current year. I in that very wonderful service for our helping people in our district and has urge my colleagues in conference to dear friend. I don’t think it really hit truly gotten to know the people of the continue this language and continue me that he was really gone until I got Seventh District, and they know that this program. back this week to Washington and she cares about them. She is the one The reality is that the country of started contemplating this Senate constant in the office of the Congress- Haiti is a great human tragedy. The nation is in turmoil on a political, eco- body without Paul Coverdell and all man from the Seventh Congressional nomic, and humanitarian level. Though that he meant to each and every one of District. Whether it was Bud Brown, the small island nation finally did hold us. He was our friend. We loved him MIKE DEWINE, or DAVE HOBSON, Ginny its parliamentary elections in May very much. This body, this institution, Gano has been there. Ginny Gano is after three previous postponements, is a poorer place because he is gone. making a difference. and though voter turnout was certainly Each one of us is richer because we One of the things I appreciate about acceptable and the citizens were vot- were privileged to know this very Ginny so much is that she has a way ing, the openness of these elections re- gentle, this very kind, this very sweet, about her that makes everyone feel at mains in serious question. The violence this very good man. ease. Whether it is a group of school- against opposition party members and children from Greene County or maybe f supporters leading up to the May elec- someone whom she bumps into in the tion cast serious doubt on the legit- HONORING VIRGINIA ‘‘GINNY’’ Rotunda of the Capitol, a total strang- GANO imacy of this election. er, it does not matter; Ginny is there Leon Manus, the president of the Mr. DEWINE. Mr. President, on a to help them and she makes everyone electoral council, resigned after the happy note, I rise this evening to honor feel welcome in our Nation’s Capitol. someone who has spent the last 30 first round of elections and had to flee Ginny is a caring and compassionate the country fearing for his life after years of her life serving the people of human being. Being around Ginny having accused the Haitian Govern- this country, of this Congress, of the Gano just makes you happy. She is ment of pressuring him to approve the State of Ohio; specifically, of the Sev- that type of person. Her smile, her spir- questionable election results. enth Congressional District in Ohio. it, her energy—you just feel good when The international community has se- I am talking about a dear friend of you are around Ginny Gano. verely and justifiably criticized both mine, Virginia ‘‘Ginny’’ Gano. I had Ginny has dedicated some of her free rounds of elections, with the European the great pleasure and honor to work time—the little free time she has—to Union threatening economic sanctions. with her during my years as Congress- something she loves: music. For years In spite of widespread criticism, in man from the Seventh Congressional she has participated with a great deal spite of OAS refusal to recognize the District in Ohio. Ginny is now in her of enthusiasm in the Capitol Hill Cho- contested election results, Haitian offi- 31st year of service to the people. She ral Society. She also has been a driving cials proceeded with the runoff elec- is truly an ambassador for the Seventh force behind the Ohio State society’s tions on July 9, and, as expected, a district and for the entire State of selection of the cherry blossom prin- handful of Haitians turned out to vote, Ohio. cess every spring. just a handful of people for the few leg- Ginny grew up in Springfield, OH. My wife Fran and I are just so proud islative and local offices that were not She started working for Congressman to call Ginny Gano a friend. I thank already won by the ruling Lavalas Bud Brown at a very young age in 1969. her for over 30 years of dedicated serv- Party. In 1982, when I was elected to the House ice to the people of the Seventh Con- Prior to these elections, I spoke on of Representatives, I asked Ginny if gressional District of the State of Ohio. the Senate floor about Haiti’s dis- she would come work with me. I be- Ginny, thank you. tressing political and economic situa- came the Congressman. Ginny agreed f tion. I talked at that time about how it to stay on and work in our office. Dur- P.L. 480 ASSISTANCE IN HAITI was incumbent upon the political elite ing that time, Ginny Gano was really and the ruling party in Haiti, the invaluable to me and invaluable to our Mr. DEWINE. Mr. President, I want Fanmi Lavalas Party, to make and to office and to the people of the district. to talk this evening about an issue take reforms seriously. As I said then, She had and has an unbelievable about which I have spoken before on and I have said many times before, wealth of knowledge and institutional the floor of the Senate, and that is the Haiti simply will not progress until its memory. If you want something done, situation with the children in the poor political leaders and the elite in that if you want to know something, you country of Haiti. I rise tonight to re- country take responsibility for their ask Ginny Gano. mind my colleagues of a very impor- situation and commit to true demo- In 1991, she joined current Seventh tant feeding program that is crucial to cratic reform. District Congressman DAVID HOBSON’s these children. The program I am talk- Regardless of the recent election out- team. This evening—I am sure at this ing about, of course, is the Public Law come, Haiti can succeed as a democ- very moment—knowing Ginny, she is 480 title II Food Assistance Program racy if and only if the leaders of the still at work in the Longworth Build- which, according to the USAID mission nation, the political elite, the ruling ing serving the people in the district. in Port au Prince in Haiti, helps feed elite, the economic elite, resolve to de- Ginny is one of the hardest working roughly 500,000 Haitian schoolchildren velop a free market system, resolve to people whom I have ever met. With her and almost 10,000 orphaned children reduce corruption, resolve to improve resources, her experience, and her through its Orphan Feeding Program. Haiti’s judicial system and its election knowledge, she can answer any ques- As we know, funding for the P.L. 480 process, resolve to respect human tion or just about any request made of title II program was included in the rights and develop a sustainable agri- her. She never says no. She is that Senate fiscal year 2001 Agriculture ap- cultural system that can feed its peo- good. She gets the job done. She just propriations bill, which we in the Sen- ple, and especially the poor children of knows how to get it done. Whatever ate recently passed. I commend and Haiti. you want, Ginny will figure out a way thank the chairman and ranking mem- Despite the success—I have seen it; of getting it done. ber on the subcommittee, Senator and there has been success—of some

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7643 USAID programs to promote growth in doned children. The flow of desperate teacher and a Wyoming cowboy.’’ He Haiti’s agricultural sector, past defor- children into these orphanages is con- was a running guard on the State estation and a lack of education about stant, and these facilities face the in- championship Hamilton High School how best to use the land for both short- creasing challenge of accommodating football team and later graduated from term and long-term economic gain these children. there. He attended Miami University in have slowed, almost to a standstill, It is these children who need our help Oxford, OH, and then transferred to the any improvement in the agricultural the most. It is these children who are University of Kentucky where, at the sector. not capable of providing for them- age of 21, he dropped out to take the Because of that, I firmly believe that selves. That is why I am convinced Ohio examination for stationary engi- the United States should continue ef- that the Public Law 480 title II feeding neers. Following that test, he became forts aimed at teaching Haitian farm- program is absolutely essential. This the youngest licensed engineer in Ohio, ers viable ways to farm—agriculture low-cost program guarantees one meal and then took a job at Proctor & Gam- that produces food for the Haitian peo- per day to orphan children who other- ble in Cincinnati. ple now and conserves the land for pro- wise would not receive any food at all. In 1943, Erv returned to the Univer- duction in the future by generations to The school feeding program is also sity of Kentucky to earn his degree in come—agriculture that shows farmers essential because the title II assistance mechanical engineering. After gradua- how sustainable agriculture is really in program—the offer of a free meal to tion, he took a job in the engineering their best economic interest, both in these children, and the parents who division of the Air Force at Wright- the short run and in the long run. send their children to school—helps Patterson Air Force Base, where he Efforts to work directly with farmers keep Haitian children in school. was put in charge of aircraft environ- provide the greatest hope of preventing I again thank the committee for its mental testing. Haitians from abandoning agriculture support for and its commitment to Then in 1951, Erv Nutter founded the for urban areas, such as Port-au- Public Law 480 title II assistance for Elano Corporation, which fabricates Prince. One of the biggest problems in these children in Haiti. metal parts for jet engines. He started Haiti is that so many people who are I urge my colleagues on the con- the business in a Greene County, OH, not making it in agriculture at all, ference committee—and throughout garage. Elano grew and grew, and it who can’t feed their family, under- this year, and into the next—to con- grew ultimately into a multimillion- standably flee the countryside and go tinue their support for this program. dollar business that has influenced aviation worldwide, through precision into one of Haiti’s big cities, only to f face worse poverty and create a more forming and bending of tubular assem- dire situation for their family. The COMMENDING AMBASSADOR TIM blies for fuel, and lubrication and hy- only way that will stop is if Haiti can CARNEY draulic systems for jet aircraft and develop, with our assistance, with the Mr. DEWINE. Mr. President, on an- missiles. I met Erv Nutter for the first time in assistance of the international commu- other matter related to Haiti, I take 1973. I was right out of law school, on nity, a viable, sustainable agricultural this opportunity this evening to com- my first job, as an assistant county program. mend and thank my friend, Ambas- As I have said, I have visited Haiti sador Tim Carney, for his 2-year serv- prosecutor in Greene County. I remem- ber Sheriff Russell Bradley and then- eight or nine times. My wife and I have ice as U.S. Ambassador to Haiti. Tim county prosecutor Nick Carrera, and I seen many of these programs and have and his wife Vicki proudly represented were conducting a major drug inves- seen that they do, in fact, work. But the United States. Day in and day out, tigation. It was going well. The only until sustainable improvements are they were committed to helping the people of Haiti overcome their dismal problem was, we had run out of money. made in the Haitian agricultural sec- So we went to some people in the surroundings and their dire cir- tor, I believe we have a responsibility— community. One of the first people we cumstances. Tim and Vicki worked to I believe we have an obligation—to en- went to was Erv Nutter. To keep that sure that humanitarian and food as- alleviate hunger and poverty through- investigation going, we simply had to sistance continues to reach this tiny out the island and encouraged practical have some financial assistance. So we island nation and most particularly, economic reforms. asked Erv if he would help. Without most importantly, continues to reach Through the support and cooperation any hesitation, as Erv would always these children. of Ambassador Carney and Vicki, the do—he didn’t ask anything—he just That is why it is vital that we main- conditions of several Haitian orphan- said: Sure. If you boys think it’s a good tain current funding levels for the Pub- ages continue to improve. Although idea, if you think we need to do it, I’ll lic Law 480 title II assistance program the Carneys’ assignment in Haiti has do it. for Haiti and other parts of the world concluded, their commitment con- When it came to his community, Erv as well. The simple fact is, this pro- tinues today. was always ready to lend a hand, gram is essential to the survival—lit- My wife Fran and I appreciate their whether with his financial resources or erally the survival—of many thousands friendship. We appreciate the support his time and energy. That was just Erv of Haitian children, especially those and help they have given to the chil- Nutter. living in overcrowded orphanages. dren of Haiti. We look forward to con- Erv has been a role model for so There are currently 114 orphanages tinuing our work with them to help the many people throughout the years. throughout Haiti receiving USAID children of Haiti. Through his kindness and extreme gen- funds and caring for a vast number of f erosity, he has taught invaluable les- children. Quite candidly, these rep- TRIBUTE TO ERV NUTTER sons, such as the importance of giving resent just a small fraction of the total back to our communities, the impor- number of orphanages on this island. Mr. DEWINE. Mr. President, I rise tance of building and trusting our My wife Fran and I have traveled to this evening to celebrate the life of a neighbors, and the economic future of Haiti repeatedly—eight times in the great man from my home State of our villages and our cities. past 5 years. We visited many of these Ohio, a true renaissance man. I am Through the years, he donated mil- orphanages. We have seen the dire and talking about Erv Nutter, who died on lions of dollars to the University of dismal conditions. We have held the January 6 of this year at the age of 85. Kentucky and Wright State University. children and felt their malnourished I am honored to have known Erv and Today, two buildings at the Lexington bodies. But we have also seen what can am humbled to have the chance this campus bear Erv’s name, as does happen with these children, and how so evening to say just a few words about Wright State University’s indoor ath- many dedicated people working in what his friendship has meant to me letic complex. these orphanages can literally nurse and my family, to my community, and Erv Nutter was a blunt man. He was these children back to life. to my State. an open man. He was a man who would The orphanages of Haiti feed and Ervin John Nutter was born in Ham- tell you what he thought, never afraid take care of thousands upon thousands ilton, OH, on June 26, 1914, to parents in any way to express his convictions upon thousands of orphaned and aban- he described as ‘‘a Kentucky school- or his strong beliefs.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7644 CONGRESSIONAL RECORD — SENATE July 26, 2000 That is one of the things that made As Chesterton once said: them for Hungarian basketball games, Erv Nutter so endearing. It has been Great men take up great space, even when the Italian national anthem for Italian said that the greatness of a man can be they are gone. soccer team contests, and the Israeli measured by the extent and the Erv Nutter will continue to take up national anthem for the appearance of breadth of his interests and how he great space on this Earth, not just in the Assistant Prime Minister of Israel acts on those interests to make a dif- buildings but in lives touched and lives in Cleveland. ference in this world. Surely by that changed. Erv Nutter will continue to Needless to say, Rocco Scotti is an test, Erv Nutter was a great man. He live on through the great work he has American icon. His voice, indeed, is a was so passionate about his interests, done. He also will live through his won- national treasure. What impresses me and what interests he had: agriculture, derful family: his wife Zoe Dell, Joe, most about Rocco isn’t so much his technology, wild game conservation, Bob and Mary, Ken and Melinda, Katie beautiful voice, although it is beau- education, sports, history, aviation, or and Jonathan. tiful, but his amazing attitude about working for a better government. We pay tribute to Erv tonight for his heritage, his life here in this great Whatever Erv was interested in, he what he has meant to our community. country. Rocco said the following to cared passionately about and he acted f me once: upon. And in each area, he made a dif- ROCCO SCOTTI—A GREAT I am very, very proud that with my Italian ference. Sure, he helped financially heritage, God has given me the honor of per- but, more importantly, Erv gave his AMERICAN forming our country’s greatest and most time and he gave his energy. He was a Mr. DEWINE. Mr. President, I rise to meaningful song. man of great passion. recognize tonight Rocco Scotti, a tal- For that kind of patriotism, love of In 1981, Erv Nutter was named Greene ented and patriotic singer from my country, I wish to say thank you to County Man of the Year. He served as home State of Ohio, who is a fixture in Rocco. I am proud to call him the Star- business chairman of the American Cleveland and Cuyahoga County, Spangled Banner Singer of the Millen- Cancer Society, chairman of the Fel- northeast Ohio, a fixture at Cleveland nium. low’s Committee at the University of Indians baseball games and just about Kentucky, member of the President’s any public event in our community f Club at both Ohio State and Wright that matters. State University, past president and Rocco, because of the countless times TRIBUTE TO THE GENERAL DAN- trustee of the Aviation Hall of Fame— he has sung our national anthem at IEL ‘‘CHAPPIE’’ JAMES AMER- one of his great passions and his won- local, national, and international ICAN LEGION AUXILIARY UNIT derful wife, Zoe Dell’s great passions; events, has truly earned the title of 776 the work with Zoe Dell continues to ‘‘Star-Spangled Banner Singer of the this day—as former chairman of the Millennium.’’ Mr. DEWINE. Mr. President, today I Ohio Republican Finance Committee, Rocco, an Italian American whose would like to honor a great volunteer and former chairman of the family is from Italy’s east coast, grew organization from my home state of Beavercreek Zoning Commission. up in Cleveland and started his vocal Ohio—The General Daniel ‘‘Chappie’’ In 1995, at the age of 80, Erv was in- training in opera. He first performed James American Legion Auxiliary Unit ducted into the Ohio Senior Citizens the national anthem publicly in 1974 at 776. Based in the city of Dayton, this Hall of Fame, an honor for outstanding an Indians-Orioles game. organization and its members were rec- contributions and exceptional achieve- Since that time, he has become a reg- ognized recently by USA Weekend ments begun or continued after the age ularly featured national anthem singer magazine for their participation in the of 60. Erv always was there for our for both American and National ‘‘Ninth Annual Make a Difference community. Erv always was there for League baseball games, games played Day,’’ which is the largest national day our State. In all that he did, he made in Cincinnati, Cleveland, New York, for of helping and volunteerism. a positive difference. Erv Nutter was a the Baltimore Orioles, Oakland A’s, To be recognized by USA Weekend, remarkable person, a person who af- Kansas City Royals, Toronto Blue an organization must demonstrate fected countless lives for the better. Jays, LA Dodgers. The list goes on and great efforts and achievements in the His family knows that probably better on. Rocco has also had the honor of areas of volunteerism and community than anyone else because there were so performing the national anthem for service. The General Daniel ‘‘Chappie’’ many things Erv Nutter did that he Presidents Gerald Ford and Ronald James American Legion Auxiliary Unit didn’t tell anybody about. He just was Reagan. 776 certainly has done that. One of its there to be supportive and to make a Rocco’s list of accomplishments members, Mrs. Ola Matthews, heard difference. He just quietly helped out doesn’t end there. He was awarded the that foster children around the Dayton whenever his community asked. And United States civilian Purple Heart for community must carry their belong- many times when his community inspiring patriotism for his exceptional ings through the foster care system in didn’t ask, he did it anyway. performance of the national anthem, plastic trash bags. This worried her The only thing Erv wanted was to and he has performed the anthem on greatly. So, she set about to help these make the world a better place for his national television for events such as children. Under her leadership, the children, his grandchildren, and for all the NBC game of the week, an Amer- members of Unit 776 conducted fund- of us. Erv Nutter took great pleasure ican League playoff game, the 1981 All raisers to buy luggage and collected in sharing his personal success with Star game, and countless other tele- luggage from community donors. On the whole community. I was particu- vised sporting events. Dubbed by Peo- October 23, 1999, the members of Unit larly struck by Erv’s humility. I re- ple’s magazine as one of the best an- 776 delivered the fruits of their effort— member that he once told the Xenia them singers in America, he is the first over 1,000 pieces of luggage, plus Daily Gazette he was the luckiest man singer to perform the national anthem toiletries, underclothes, and baby sup- in the world. He was lucky because he for the Baseball Hall of Fame in Coop- plies—to the Montgomery County Chil- had had the opportunity to do so many erstown, NY. He is a featured singer for dren’s Services in Dayton. This is a re- things he had never, ever, in his the Indians, Cleveland Cavaliers, and markable achievement and one dem- wildest dreams, thought he would be Cleveland Force, and he is the perma- onstrating great selflessness and gen- able to do. He told the paper: nent singer of the anthem for the Foot- erosity. It is actions like these—an or- No one can achieve success by himself. I ball Hall of Fame ceremonies in Can- ganization helping those in its commu- think this is one of the most important ton, OH. nity—that makes Dayton such a great things for people to remember today. While Rocco is most known for his city. Erv didn’t seek credit. Rather, he ap- rendition of the national anthem, he is Mr. President, one young member of preciated his success and understood also a featured singer of other nations’ this organization, in particular, has that his community was a great part of anthems. He has sung the Polish na- made outstanding contributions to her that success. We all admired Erv Nut- tional anthem for Polish boxing team community. Shatoya Hill, who has ter. We all respected him. matches, the Hungarian national an- been involved in Unit 776 most her life,

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7645 has just been awarded a $6,000 scholar- nominal Palestine ended up in the We will not recognize the unilater- ship for her community service and hands of Jordan. We never heard about ally declared Palestinian state and we academic achievements. She has been Jerusalem then. will strongly urge all others not to do Junior President of the organization In fact, when the PLO was created in so. Either there is peace through a for over 5 years. During this time, she 1964, Jerusalem was never even men- process or there can be no peace. If has organized and participated in many tioned. that is what Yasser Arafat wants, it is fundraisers, from helping veterans to When Jordan lost the West Bank and a terrible crime against the Palestin- delivering food baskets to the needy Jerusalem in 1967, then the question of ians, and a mistake that history will during Christmas. Palestine and Jerusalem became im- not forget. The Dayton Alumnae Chapter of portant once again. In fact, we are told f that the reason Yasser Arafat walked Delta Sigma Theta, a public service so- CELEBRATING THE 10TH ANNIVER- out of Camp David was because he did rority, awarded the scholarship, which SARY OF THE AMERICANS WITH not get all of east Jerusalem and the is presented to young women who have DISABILITIES ACT: A DECADE OF Old City. In other words, when Arafat excellent academic records, possess PROGRESS high moral character, participate in did not get through the peace process their church and community, and have what he could not get through war, he Mr. BYRD. Mr. President, over the interest in higher education. Shatoya decided to walk away from peace. past month and a half, a brightly lit torch has made its journey through certainly exhibits all of these positive One thing has become clear to me in nineteen cities, carrying with it each qualities. It is great to see Ohio youths the last few years. The Oslo agreement step of the way the passionate and able working hard for their communities was nothing less than an admission on spirit of the disability community. and being recognized for their achieve- the part of the Palestinians and the Today the torch arrives at its 20th stop ments. PLO that Israel would never be de- feated in war. The Palestinians entered along the way, our Nation’s Capital, to Congratulations Unit 776 and con- mark the tenth anniversary of the gratulations Shatoya! into a peace process because they had no other choice. Now I am forced to signing of the Americans with Disabil- Mr. President, I suggest the absence ities Act. It is indeed an important day question just how committed they are of a quorum. in our Nation’s long history. The PRESIDING OFFICER. The to that process. If the aim is to win President Franklin Roosevelt once clerk will call the roll. through negotiations what they could said, ‘‘No country, no matter how rich, The legislative clerk proceeded to not through war, then what kind of a can afford to waste its human re- call the roll. process is it? sources.’’ I am proud to say that the There are no ambiguities here: Either Mr. DEWINE. Mr. President, I ask Americans with Disabilities Act lives unanimous consent that the order for the Palestinians are committed to the up to President Roosevelt’s objective. the quorum call be rescinded. process, and to a negotiated outcome, For 10 years now, this momentous, The PRESIDING OFFICER. Without or they are not. Arafat’s threat to de- landmark civil rights legislation has objection, it is so ordered. clare a Palestinians state on Sep- opened new doors to the disability tember 13, 2000 is an abrogation of the f community. It has, at long last, al- peace process, and as such, an abroga- EXPLANATION OF ABSENCE lowed handicapped individuals the op- tion of any understanding with the portunity and the access to have their Mr. WELLSTONE. Mr. President, I United States regarding the PLO and potential recognized both inside the was necessarily absent today for roll- Mr. Arafat as negotiating partners. workplace and outside in the commu- call vote No. 228, on the motion to in- U.S. assistance to the Palestinians is nity. It has brought the American voke cloture on the motion to proceed predicated upon good faith negotia- dream within reach for the millions of to S. 2507, the intelligence authoriza- tions in a peace process. Nothing else. American families with disabled mem- tion bill. I was in Minnesota visiting Nothing. For those that have some bers. with my constituents in Granite Falls doubt, I remind them that as far as Over the past decade of the ADA, we who were victims of a tornado which U.S. law is concerned, the Palestine have seen dramatic changes through- struck the city last night and caused Liberation Organization is a terrorist out the nation in equal opportunity— severe damage and some loss of life. organization. from new and advanced technology al- Had I been present, I would have voted I and many of my colleagues have al- lowing for greater public accommoda- aye on the motion. ways stood ready to accept the out- tion at places of business and in com- come of a negotiated peace between f mercial establishments, to state and Israel and the Palestinians. We have local government services and activi- MIDDLE EAST PEACE done so reluctantly, because of fears ties, to transportation and tele- Mr. BROWNBACK. As recently as about what a Palestinian state would communications technology for dis- this morning, upon Chairman Arafat’s do, how it would survive, about the abled Americans. Look around today— arrival back in Gaza, Arafat said: commitment to democracy, and real people with disabilities are partici- There is an agreement between us and the fears about terrorism. pating to a far greater extent in their Israeli government made in Sharm-El- We will not stand idly by and accept communities and are living fuller, Sheikh that we continue negotiations until a non-negotiated solution, contrary to more productive lives as students, Sept. 13th, the date for declaring our inde- the Oslo Accords, contrary to the spirit workers, family members, and neigh- pendent state, with Jerusalem as its capital, of a peace process. Should Mr. Arafat bors. They are dining out; cheering at whether people like it or not. go forward and declare a Palestinian football games and other sporting By itself, the threat undermines con- state, the bill that Senator SCHUMER events, often even playing sports them- fidence in the Palestinians’ commit- and I are offering today will preclude selves; going to the movies; partici- ment to the peace process and, in ef- the expenditure of funds to recognize pating in state, local, and Federal Gov- fect, would abrogate the foundation of that state and preclude further assist- ernment; and raising families of their the Oslo accords that all outstanding ance to any Palestinian governing enti- own. final status issues will be resolved ty. It instructs the President to use the It is evident that that the capability through negotiations. voice and vote of the United States in of this community far outshines the Allow me, for a moment, to review the United Nations bodies to stop rec- challenges of a disability. I am proud the history here. More than 50 years ognition or admission of a Palestinian that the ADA has been particularly in- ago, the United Nations created two state. strumental in removing many of the states: Israel and Palestine. The cre- I hope Chairman Arafat chooses the barriers that would otherwise impede ation of a homeland for the Jews in path of peace. However, if he does not, the ability and success of the disability Israel was unacceptable to the Arabs, this legislation makes very clear that community. Take the example of Casey and five Arab states attacked the the relationship between the U.S. gov- Martin, the professional golfer from newly created state. When all was said ernment and the Palestine leadership Orgeon with a rare disability that sub- and done, Israel was a reality, and the will change. stantially limits one’s ability to walk.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7646 CONGRESSIONAL RECORD — SENATE July 26, 2000 Casey had long dreamed of playing in a that no family raising a child with spe- In the detection and reporting phase, PGA tour, but, because of his dis- cial needs would be left out and left be- local health care providers diagnose ability, Casey encountered a huge bar- hind. diseases and then report the existence rier. In these tournaments in which For generations, people with disabil- of pre-determined ‘‘notifiable’’ diseases Casey wanted to play, the tour would ities were viewed as citizens in need of to national or regional authorities. The not allow the use of a golf cart. When charity. Through ignorance, the nation accurate diagnosis of patients is obvi- a Federal trial court in Oregon found accepted discrimination and suc- ously crucial, but it can be very dif- that the PGA tour is a ‘‘public accom- cumbed to fear and prejudice. The pas- ficult as many diseases share symp- modation’’ and should modify their sage of the ADA finally moved the na- toms. It is even more difficult in devel- policy of no golf carts to accommodate tion to shed these condescending and oping countries, where public health Casey’s disability, his vision became a suffocating attitudes—and widen the professionals have less access to the reality. According to Casey, ‘‘Without doors of opportunity for people with newest information on diseases. the ADA I never would have been able disabilities. In the next stage of surveillance, dis- to pursue my dream of playing golf Today we see many signs of the ease patterns are analyzed and re- professionally.’’ progress that mean so much in our on- ported diseases are confirmed. This While for Casey Martin the ADA has going efforts to see that persons with process occurs at a regional or national meant achieving his most far-reaching disabilities are included—the ramps be- level, and usually involves lab work to goal, for other disabled Americans, the side the stairs, the sidewalks with confirm a doctor’s diagnosis. From the ADA has simply allowed them to live curbs to accommodate wheelchairs, the resulting data, a response plan is de- each new day with a little more ease lifts for helping disabled people board vised. Officials must determine a num- and comfort. To name just a few areas buses. ber of other factors as well, such as the in which the ADA has facilitated Whether they are family members, capability of a doctor to make an accu- progress—access to restaurants and friend, neighbors, or co-workers, per- rate diagnosis. Unfortunately, in many public restrooms, modifications to the sons with disabilities are no longer sec- developing countries this process can aisles and entrances of supermarkets, ond class citizens. They are dem- take weeks, while the disease con- assistive listening systems at places onstrating their abilities and making tinues to spread. like Disney World and many theaters real contributions in schools, in the When an epidemic is identified, var- for the deaf and hard of hearing, and workplace, and in the community. Peo- ious organizations must determine how large print financial statements for ple with disabilities are no longer left to contain the disease, how to treat the those with vision impairments. Mr. out and left behind—and because of infected persons, and how to inform the President, these are the kind of that, America is a stronger, better and public about the problem without caus- simplicities in life that those without fairer country today. ing panic. Forty-nine percent of inter- disabilities expect and take for grant- As the Americans with Disabilities nationally significant epidemics occur ed, and because of the ADA, they have Act, and the many disabled persons in complex emergency situations, such now come to be a part of the disability who worked so long and hard and well as overcrowded refugee camps. Chal- community’s life too. for its passage continue to remind us, lenges in responding to epidemics are Just as the barriers that continue to equal opportunity under the law is not mainly logistical—getting the nec- face each of us in life take many years a privilege, but a fundamental birth- essary treatment to those in need. to craft, they take many years to con- right of every American. Finally, in assessing the longer-term quer. Together, we must find the f health policies and programs, surveil- strength and the courage to pick our lance teams can provide information battles. I commend the disability com- INFECTIOUS DISEASE on disease patterns, health care prior- munity today on their passion and SURVEILLANCE ities, and the allocation of resources. their vigilance, and I celebrate with Mr. LEAHY. Mr. President, I want to However, information from developing you on this 10th anniversary of the briefly discuss a GAO report that was countries is often unreliable. Americans with Disabilities Act for all released earlier this week to be sure I want to emphasize two points. The that this day has brought to your com- that other Senators are aware of. first is that all the activities that I munity, and for all that it will con- The report, entitled ‘‘Global Health: have just described are done by what tinue to bring in the years ahead. Let Framework for Infectious Disease Sur- WHO calls a ‘‘network of networks.’’ today recommit each of us to the ADA veillance,’’ was commissioned by Sen- There is, in fact, no global system for for all Americans. ator MCCONNELL and myself, and Sen- infectious disease surveillance. Let me Mr. KENNEDY. Mr. President, 10 ators FRIST and FEINGOLD. It inves- repeat, for anyone who thinks there is years ago today Congress passed land- tigates the existing global system, or some centrally-managed, well-orga- mark civil rights legislation, based on network, of infectious disease surveil- nized global system, there is not. Rath- the fundamental principle that people lance, and will be followed by a second er, what exists is a loose network, a should be measured by what they can report which analyzes the strengths patch-work quilt of sorts, involving the do, not what they can’t do. With the and weaknesses of this network and UN, non-governmental organizations, passage of the Americans with Disabil- make recommendations for strength- national health facilities, military lab- ities Act, America began a new era of ening it. oratories, and many other organiza- opportunity for the 47 million disabled We requested this report in response tions, all of which depend upon each citizens who had been denied full and to a growing concern among public other for information, but with no fair participation in society. health officials about the inability of standardized procedures. We continue to build in Congress on many countries to identify and track The second point is that in countries the bipartisan achievements of the infectious diseases and respond where a tropical climate fosters many ADA. I’m gratified by President Clin- promptly and effectively to disease infectious diseases, one also finds the ton’s strong endorsement today of the outbreaks. In fact, the World Health least amount of reliable data. If we as Grassley-Kennedy Family Opportunity Assembly determined in 1995 that the a country, or we as a global commu- Act now pending in Congress. The goal existing surveillance networks could nity, are committed to eradicating the of our legislation is to remove as many not be considered adequate. deadliest diseases, building the capac- of the remaining barriers as possible By way of background, the term ity for effective surveillance in the de- that prevent families raising children ‘‘surveillance’’ covers four types of ac- veloping countries is where we need to with disabilities and special health tivities: detecting and reporting dis- focus our attention. needs from leading full and productive eases; analyzing and confirming re- The sequel to this report is due to be lives. No family in this country should ports; responding to epidemics; and re- released by the GAO in a few months. ever be put in a position of having to assessing longer-term policies and pro- It will assess the strengths and weak- choose between a job and the grams. I will touch on these categories nesses of this loosely-organized surveil- healthcare their disabled child needs. in a bit more detail, as they illustrate lance system, and make recommenda- The Family Opportunity Act ensures the need for reform. tions for strengthening it. We need to

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7647 be able to accurately diagnose diseases, Coupled with the party soft money tremendous and beneficial national and quickly transmit the information cap in the Hagel-Kerrey bill is an ame- war of ideas over the best course for to the global health community. liorative and common sense provision our nation to pursue in the coming I urge other Senators to read this to update the hard-money side of the years and which party could best lead first report. This is an issue that has equation by simply adjusting the myr- America on that path. received far too little attention, and iad hard money limits to reflect a All signs, Mr. President, of a com- which directly affects the health of quarter-century of inflation. An infla- petitive, healthy, and vibrant democ- every American. Any disease, whether tion adjustment of the hard money racy. HIV/AIDS, malaria, TB, or others as limits is twenty-five years overdue. While I strongly support the hard yet unknown, which could infect and Candidates, especially political out- money adjustments in the Hagel- kill millions or tens of millions of peo- siders who are challenging entrenched Kerrey bill, I remain concerned by the ple, is only an airplane flight away. incumbents, are put at a huge dis- bill’s silence in an area sorely in need Accurate surveillance, which is the advantage by hard money limits frozen of reform: Big Labor soft money. The first step to an effective response, is in the 1970s. siphoning off of compulsory dues from critical. Yet today we are relying on a The lower the hard money limits are, union members for political activity haphazard network of public, private, the more that insiders with large con- with which many of them do not agree official, and unofficial components of tributor lists are advantaged. Incum- is a form of tyranny which must not be varying degrees of reliability, patched bents and celebrities who benefit from permitted to continue. Senate Repub- together over time. It is a lot better the outset of a race with high name licans have fought hard, and unsuccess- than nothing, but the world needs a recognition among the electorate also fully, to protect union workers from uniformly reliable, coordinated system start way ahead of the unknown chal- this abuse. Democrats are understand- with effective procedures that apply lenger. The greatest beneficiary of low ably and predictably loathe to risk any the highest standards. I look forward hard money limits are the millionaire diminution of Big Labor’s contribu- to GAO’s next report, and its rec- and billionaire candidates who do not tions which may result from freeing ommendations for action. have to raise a dime for their cam- the rank-and-file union members from f paigns because they can mortgage the forced support of Democratic can- CAMPAIGN FINANCE REFORM family mansion, cash out part of their didates and causes, but the absence of stock portfolio and write a personal reform in this area is unacceptable. Big Mr. MCCONNELL. As chairman of Labor soft money and involuntary po- the Senate Rules Committee, which check for the entire cost of a cam- litical contributions must be part of has jurisdiction over the campaign fi- paign. As hard money limits are eroded any comprehensive reform package nance issue, and one who has been through inflation and non-wealthy can- which ultimately passes Congress. rather closely identified with the spir- didates are further hampered, election With those provisos and a few others, ited debate in this arena over the past outcomes are ever more likely to be de- I will close by again commending the decade, I wholeheartedly support put- Senator from Nebraska from his will- ting S. 1816, the Hagel-Kerrey bill, on termined by outside groups whose inde- ingness to wade in a big way into one the Senate Calendar. pendent expenditures and issue advo- That is not to say I would vote ‘‘aye’’ cacy are completely unlimited. That is of the most contentious issues before were there a rollcall vote on the bill as ‘‘non-party soft money.’’ Congress—an issue in which all Mem- it is currently drafted. Mr. President, absent from the at- bers of Congress have a vested personal Senator HAGEL’s legislation was the tacks on party soft money is any ac- interest but that affects not just us but backdrop for a comprehensive series of knowledgement by reformers that the every American citizen and group that hearings held by the Senate Rules proliferation is linked to antiquated aspires to participate in the political Committee between March and May of hard money limits which control how process. That is why the U.S. Supreme this year. The final hearing featured much the parties can take from indi- Court will be the final arbiter of any the testimony of Senator HAGEL, Sen- viduals and PACs to pay for federal campaign finance bill of consequence. ator KERREY, Senator ABRAHAM, Sen- election activities. It stands to reason And those are the reasons we should ator HUTCHISON, and Senator LANDRIEU. that hard money limits frozen in 1974 continue to be cautions and delibera- An impressive, to say the least, bipar- and thereby doomed to antiquity are tive as the effort continues for a non- tisan lineup of Senators bravely step- going to spawn an explosion of activity partisan, constitutional campaign re- ping into the breach separating those on the soft money side of the party form package. who persist in trotting out the old, bla- ledger. Mr. HAGEL. Mr. President, today we tantly unconstitutional campaign fi- It also is not coincidence that in- have moved a step closer to imple- nance schemes of the past, from others creased soft money activity in the past menting comprehensive campaign fi- like myself who firmly believe that the decade corresponded to vastly in- nance reform. With the help of Senator first amendment is America’s greatest creased competition in the political MITCH MCCONNELL, Chairman of the political reform and must not be sac- arena. We are amidst the third fierce Senate Rules Committee, the Open and rificed to appease a self-interested edi- battle for control of the White House in Accountable Campaign Financing Act torial board at the New York Times. the past decade And every two years of 2000 will soon be placed on the Sen- The Senator from Nebraska has America has witnessed extremely spir- ate Calendar, ready for debate by the taken what for the past couple of years ited contests over control of the Con- full Senate. has been the biggest bone of contention gress. Democrats who had been exiled I introduced the Open and Account- in the campaign finance fight in the from the White House since Jimmy able Campaign Financing Act of 2000 Senate—party soft money—and essen- Carter’s administration at long last along with Senators BOB KERREY, tially split the difference between the got to spend some quality time at 1600 SPENCE ABRAHAM, MIKE DEWINE, SLADE opposing camps. Rather than an uncon- Pennsylvania Avenue and are not keen GORTON, MARY LANDRIEU, CRAIG THOM- stitutional and destructive provision to to give that up. Republicans, after four AS, JOHN BREAUX, KAY BAILEY entirely prohibit non-federal activity decades in the minority, got to savor HUTCHISON, and GORDON SMITH as a bi- by the national political parties, Sen- the view from the Speaker’s office in partisan approach to campaign finance ator HAGEL has crafted a middle the House of Representatives and reform because we felt it was a com- ground in which the party so-called would like very much to keep it. And mon sense, relevant and realistic ap- ‘‘soft’’ money contributions would be we have seen more than a little action proach. We offered it as a bipartisan capped. Yet, even a cap raises serious on the Senate-side of the Capitol. compromise to break the deadlock on constitutional questions and would Reformers look upon all this activity campaign finance reform and to bring surely be challenged were one to be en- over the past decade in abject horror, forth a vehicle that could address the acted into law. Nevertheless, the seeing only dollar signs and venal ‘‘spe- main holes in the net of our current Hagel-Kerrey approach is more defen- cial interests.’’ I survey the same era system. sible and practicable than outright pro- and see an extraordinary period in The purpose of our legislation is to hibition. which every election cycle featured a place more control and responsibility

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7648 CONGRESSIONAL RECORD — SENATE July 26, 2000 for the conduct of campaigns directly great importance to our national secu- the objectives of maintaining a viable in the hands of the candidates. Our leg- rity and our energy security—the domestic uranium enrichment capa- islation is not the solution for all of agreement between the United States bility while controlling the disposal of the problems now facing us, but I be- and the Russian Federation which pro- former Soviet nuclear weapons. But, lieve it is a good solid beginning to ac- vides for the conversion of Russian all things considered, the program to complish meaningful campaign finance highly enriched uranium (HEU) derived date has been a success. Without ques- reform. from the warheads into fuel for civilian tion our Nation’s national security— After a series of hearings in the Sen- nuclear power plants, and the need for our most important charge as law- ate Rules Committee this spring on the United States to maintain a viable makers—has been enhanced by imple- campaign finance reform, we will now uranium enrichment capability. mentation of this Agreement. be able to put a bill on the Senate Cal- First, let me give you a bit of his- Mr. President, the Russian HEU endar that has bipartisan support. If we tory. Agreement contributes to our Nation’s are to accomplish comprehensive re- In 1992, the Energy Policy Act estab- security, but the Agreement also ad- form this year, bipartisan support is lished the United States Enrichment versely affects the enterprise that essential and our bill has that support. Corporation as a wholly-owned govern- makes this commercial solution to a While I was very pleased with the re- ment corporation to take over the De- national security problem possible. cent vote in Congress to require disclo- partment of Energy’s uranium enrich- This difficulty was understood when sure for the ‘527’ organizations, that ment enterprise. The Corporation was the government adopted this program. bill is not a substitute for more com- to operate as a business enterprise on a Purchases of large quantities of Rus- prehensive campaign finance reform. It profitable and efficient basis and maxi- sian weapons derived material result in is a solution for a small problem. We mize the long-term valuation of the growing effects on the companies in need to continue to fight for campaign Corporation to the Treasury of the the private sector domestic nuclear finance reform that is broader and United States. The objective was to fuel cycle. Our uranium mining, con- more comprehensive. eventually privatize the Corporation as version, and enrichment industries I am hopeful that the full Senate will a viable business enterprise able to have been affected. The result has been be able to debate comprehensive cam- compete in world markets. Subse- steadily declining market prices for all paign finance reform legislation, in- quently, the Corporation was selected phases of the nuclear fuel cycle. USEC, cluding the Open and Accountable as Executive Agent for, and entrusted its plant workers, and the communities Campaign Financing Act of 2000, this with, the responsibility for carrying dependent upon those plants are being year. We have an opportunity to out the Russian HEU Agreement. hit especially hard. As Executive achieve something reasonable and re- Enactment of the 1992 Act was the Agent, USEC has suffered substantial sponsible this year. culmination of a decade of bipartisan losses due to fixed price purchases from Again, I would like to thank Senator effort spearheaded by Senators DOMEN- Russia as well as increased costs due to C ONNELL M C for holding hearings in the ICI and Ford. Extensive hearings were reduced levels of domestic production Rules Committee on campaign finance held in both the House and the Senate resulting from introduction of the Rus- reform and helping move the process and the legislation garnered the strong sian material into the market. along. I look forward to working with support of the Bush Administration. Earlier this year, and with the sup- him and all Senators interested in ad- Recognizing the complexity of pri- port of the Administration, USEC had vancing campaign finance reform. vatization and the national security been negotiating with Russia to amend f implications of the Russian HEU the Agreement to include market- VICTIMS OF GUN VIOLENCE Agreement, Congress enacted the based pricing. I have been advised that USEC Privatization Act of 1996. The USEC closely coordinated its plans and Mr. WYDEN. Mr. President, it has Act provided the mechanics for privat- intentions with the President’s Inter- been more than a year since the Col- ization, clarified the relationship be- agency Enrichment Oversight Com- umbine tragedy, but still this Repub- mittee at all phases of its discussions lican Congress refuses to act on sen- tween a private USEC and the U.S. with the Russians. Yet, as USEC and sible gun legislation. Government, and addressed concerns Since Columbine, thousands of Amer- related to the implementation of the the Russians were meeting in Moscow icans have been killed by gunfire. Until Russian HEU Agreement. The Corpora- to sign the new Agreement, the Depart- we act, Democrats in the Senate will tion was sold in July of 1998. ment of Energy, a member of the Over- read some of the names of those who Implementation of the Russian HEU sight Committee, prevented the signing lost their lives to gun violence in the Agreement has been important for the at the last minute. past year, and we will continue to do so government and USEC. This govern- I can not understand why the Energy every day that the Senate is in session. ment-to-government agreement facili- Department would prevent the adop- In the name of those who died, we tates Russian conversion of highly en- tion of an amendment that would sta- will continue this fight. Following are riched uranium taken from their dis- bilize the Agreement through the re- the names of some of the people who mantled nuclear weapons into fuel pur- maining thirteen years of the program. were killed by gunfire one year ago chased by USEC and resold for use in Reportedly the terms were acceptable today. commercial nuclear power plants. The to both parties. In addition, the Agree- July 26: program is financed as a commercial ment would have protected the inter- Frederick Branch, 17, Memphis, TN; transaction. ests of our own domestic nuclear fuel Kenny Curry, 30, Chicago, IL; Mendell Every day, new warnings are heard industry. As part of the Agreement, Jones, 17, Baltimore, MD; Eduardo about the ability of one rogue state or Russia wanted USEC to purchase com- Lezcano, 36, Miami-Dade County, FL; some well-financed terrorist to obtain mercially produced enrichment in addi- Andre Moore, 21, Baltimore, MD; Ken- weapons-grade nuclear materials on tion to the weapons derived enrich- neth Plaster, 52, Houston, TX; Mark the black market. The Russian HEU ment. USEC negotiated terms con- Pringle, 18, Baltimore, MD; Carlton Agreement addresses those concerns by sistent with a previous Administration Valentine, 33, Baltimore, MD; Uniden- converting thousands of nuclear war- approved program making it manda- tified male, Detroit, MI. heads into fuel for electric power tory that this additional quantity be We cannot sit back and allow such plants—the quintessential swords to matched with domestically produced senseless gun violence to continue. The plowshares concept. In spite of some enrichment. In addition, no additional deaths of these people are a reminder start-up problems, implementation of natural uranium would be brought into to all of us that we need to enact sen- the Agreement has resulted in the con- the domestic market. The amendment sible gun legislation now. version of the equivalent of nearly 4,000 to the Agreement was specifically f nuclear warheads into fuel for U.S. crafted so that no damage would be in- commercial power plants. The process, flicted upon the domestic nuclear fuel RUSSIAN WARHEADS/DOMESTIC as well as purchases and shipments to cycle as a result of purchasing the ad- SECURITY USEC, continues. ditional material. Mr. MURKOWSKI. Mr. President, I From the outset, many felt there The Department of Energy’s action rise today to discuss two issues of were built-in contradictions between threatens to destabilize the agreement.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7649 Who knows how long the Russians will other factors relating to assay levels, to close the uranium enrichment plant sit by without this Agreement. The Na- financial results, and new technology at Portsmouth. First and foremost, I tional Security Council and the State issues.’’ am very concerned about the effect Department and others on the Enrich- I know that my colleagues from Ohio this closure will have on USEC work- ment Oversight Committee have en- are deeply disturbed by USEC’s deci- ers. Many of these men and women dorsed the signing of this Agreement. I sion to close the Portsmouth plant. I spent their entire working lives help- strongly urge that it be completed. I also know that if the company had cho- ing our nation win the Cold War. They suggest that those of us in the Con- sen to cease operations at Paducah, my deserve better treatment. . .’’ gress who believe in the vital impor- friends from Kentucky would be equal- For once, Secretary Richardson and I tance of this Agreement express our ly distraught. Plant closures are seri- agree. The workers do deserve better. concern to the Administration and de- ous matters, particularly when they But rather than threatening USEC, as mand that the Energy Department are the mainstay of the local economy. the Secretary of Energy did when he withdraw its objection and that the The public record is clear that techno- recommended ‘‘serious consideration of Agreement be speedily signed. logical advances in uranium enrich- replacing USEC as executive agent’’ for As I mentioned, higher production ment were rapidly overtaking the gas- the Russian HEU Agreement, he should costs, decreased demand, and lower eous diffusion process as an economic have been drafting a plan to assist the world prices have hit USEC, our Na- method of enriching uranium. Make no workers in Portsmouth to make the tion’s sole domestic uranium enricher, mistake, the Portsmouth and Paducah transition from operating the Depart- particularly hard. USEC’s Form 10–Q gaseous diffusion plants were and con- ment of Energy owned gaseous diffu- filed with the Securities and Exchange tinue to be extraordinary engineering, sion plant to cleaning up the site. This Commission for the quarter ended design, and construction achieve- is an environmental restoration mis- March 31, 2000 noted that: ‘‘In February ments—matched only by the dedication sion that is likely to take many years. 2000, Standard & Poor’s and Moody’s and skill of the men and women who We are all aware of the environmental Investors Service revised their credit have made the plants work—work, 24 contamination at the plants and the ratings of USEC’s long-term debt to hours a day—work, seven days a desperate need for action to restore below investment grade. The revised week—work, continuously for over 45 them to reasonable environmental con- dition. rating gives USEC the ability to dis- years without a stop, without a break When Congress created the United in service—until now. It was inevitable continue its uranium enrichment oper- States Enrichment Corporation as part ations at a plant. USEC is evaluating that this would happen someday, but of the 1992 Energy Policy Act, and its options; however, a decision has not knowing that it will happen does not when we later passed the 1996 USEC been made as to whether to close a make it any easier. Privatization Act, we recognized that a The only person who seemed to be plant, which plant would be selected or privately owned USEC could better re- caught by surprise and unprepared to the timing of any closure.’’ Finally, on spond to the needs of the marketplace deal with the closure was the Secretary June 21, the Board of Directors of and thereby sustain a viable domestic of Energy. Certainly, he must have USEC Inc. voted to cease uranium en- uranium enrichment capability. Now richment operations in June 2001 at the known that USEC was preparing to that USEC has taken what it believes Portsmouth gaseous diffusion plant in make an announcement. He must have is a necessary step to ensure that it Piketon, Ohio, and to consolidate all been aware that, as part of the 1996 can compete in the world uranium en- enrichment operations at its Paducah, USEC Privatization Act, the Depart- richment marketplace, the first re- Kentucky production plant. USEC ment of Energy—not the company— sponse by the Secretary of Energy is to maintained that it could not sustain would be responsible for decommis- second-guess the company’s intentions current operations at two production sioning, decontamination and clean-up and actions. Apparently the Secretary plants, each of which is currently oper- of the plants and the sites as well as would keep facilities open regardless of ating at only 25 percent of capacity. for workforce disposition. the fundamental laws of economics The company said that its production In fact, in a June 19, 2000 letter to that are evident to even the most mod- costs were too high and that the termi- Mr. William H. Timbers, USEC’s presi- est businesses. nation of operations at Portsmouth dent and chief executive officer, the It has been suggested that the solu- would save upwards of $55 million in Secretary of Energy asked if the com- tion is to nationalize USEC—to have fixed costs annually. pany was planning to close either one the government buy it back. I have no USEC’s decision to close a plant of its uranium production facilities. In sympathy for such a proposal. While I comes as no surprise. For over a year, response, Mr. Timbers wrote on June am sympathetic to those who will be there has been speculation within the 20, 2000, that ‘‘during our last meeting, affected by the closure of Portsmouth, Clinton Administration, the energy in- I indicated to you, and reiterated in I do not believe that a return to the dustry, the media and on Capitol Hill subsequent meetings with your staff, past is the remedy that will provide for that USEC would be forced to consoli- that it is inevitable that USEC must a competitive domestic uranium en- date its uranium enrichment produc- close one of its enrichment facilities.’’ richment capability in the future. I do tion. Mr. Timbers added that ‘‘During the not favor an appropriation of substan- Mr. James R. Mellor, Chairman of last eight months, we have presented tial sums, perhaps well over a billion USEC’s Board of Directors was quoted numerous proposals—still pending be- dollars to buy USEC back, nor do I in a news release as saying: ‘‘The deci- fore you—to accomplish [transition]. favor the then obligatory commitment sion to cease enrichment at one of our But, DOE has yet to make a decision. to annually appropriate funds to make facilities was necessary given the busi- We have also engaged in discussions up for uneconomic operations. ness challenges facing the uranium en- with PACE union leadership aimed at It has been only two years since we richment industry . . . Mr. Mellor went advancing these efforts. We are still privatized USEC. On the one hand the on to say: ‘‘Choosing to close the ready and eager to translate these dis- Congress and the Administration made Portsmouth plant was an extremely cussions into actions and look forward an extraordinary effort to provide a difficult decision because of the impact to the prospect of working with DOE to private USEC with a strong foundation it will have on the lives of many of our adopt a program to minimize the em- for a successful private enterprise com- workers, their families and the com- ployment disruption associated with peting in world markets—in the words munities surrounding the plant.’’ ensuring a financially sound USEC of the ’96 Act ‘‘ . . . in a manner that USEC cited multiple factors in deter- under today’s market conditions.’’ provides for the long-term viability of mining which plant would close. Key The next day, when USEC announced the Corporation . . .’’ But at the same elements in USEC’s analysis included that its Board of Directors had voted time, contradictory restraints imposed ‘‘long-term and short-term power to close the Portsmouth facility, the on the Corporation detract from its costs, operational performance and re- best the Nation’s Secretary of Energy ability to compete. In retrospect, per- liability, design and material condition could come up with was the following haps Congress and the Administration of the plants, risks associated with statement: ‘‘I am extremely dis- should not have placed so many bur- meeting customer orders on time, and appointed by [USEC’s] decision today dens on USEC as it faced private sector

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7650 CONGRESSIONAL RECORD — SENATE July 26, 2000 dynamics and demands. Ensuring that the happy times in Mother’s life. To payphones are a reliable source of inex- the vital national security interests of care for her, make her last days com- pensive access, in an emergency or oth- the United States are protected is fortable, to meet her ever increasing erwise. Public payphones are emerging paramount, but preserving the com- medical needs, to offer her the security as public information portals, true on- petitiveness of our domestic uranium of a loving safe home, and to let her ramps to the information highway, enrichment capability—at minimal know that she is loved—these things available to anyone at anytime. costs to the federal government—is im- have become our purpose for living. In order to ensure that these instru- portant too. We need to stop thinking The financial drain has been difficult, ments of public access would continue of USEC as a Federal agency and re- the emotional strains are enormous.’’ serving as gateways of last resort and spect it for what it is—a private busi- Paul Severance, the Director of continue evolving using new tech- ness enterprise. United Senior Action, a senior advo- nologies, the issue of adequate com- Challenges remain in the implemen- cacy group in Indiana represented his pensation for pay phone operators was tation of the Russian HEU Agreement constituency at the hearing when he addressed by the ’96 Act. This require- and the long-term viability of the do- stated ‘‘The burden on families who are ment of the ’96 Act was designed to mestic uranium enrichment enterprise. trying to provide long-term care at promote fair competition and benefit These have proven to be complex, and home is tremendous; they typically consumers by eliminating distorting at times conflicting tasks, but I believe face substantial expenses for special subsidies and artificial barriers. How- that the National interest more than care, such as nursing visits, they often ever, the law has not been successfully justifies our continued efforts to see have lost wages because of the demands implemented, and I am calling on the these programs through to a successful of caring for a loved one; and there can FCC to act expeditiously to address this regulatory oversight. Payphones conclusion. As part of these efforts we be a great cost to their own health as are an important segment of the tele- should encourage the Clinton Adminis- a result of the constant demands of communications industry, especially in tration to approve the market-based caregiving.’’ low income neighborhoods and in rural pricing amendment to the Russian In addition to the tax credit, a deduc- areas like those in my home state of tion for the purchase of long-term care HEU Agreement. Now is also the time Montana. to secure a future for the workers in insurance makes it more affordable for Local telephone companies operated Portsmouth who face plant closure. We Americans to purchase long-term care payphones as a legal monopoly until need to help them achieve their third policies that can provide them with the 1984, when an FCC ruling mandated transition—from Cold War patriots, to coverage they will need. Congress that competitors’ payphones be inter- peacetime producers of fuel, to the needs to continue to explore ways in connected to local networks. Still, task of environmental restoration which to ensure long-term care options local telephone companies were able to Thank you, Mr. President. are available for all Americans. subsidize their payphone service in f I am encouraged by the introduction competition with independent of this bill and the bipartisan support payphones. The ’96 Act was designed to OMNIBUS LONG-TERM CARE ACT it has received. It is my hope that we OF 2000 change all of this. It was designed to can work together to implement this create a level playing field between all Mr. BAYH. Mr. President, I rise legislation and make it more afford- competitors and to encourage the wide- today as an original cosponsor of the able for seniors to receive long-term spread deployment of payphones. It did ‘‘Omnibus Long-Term Care Act of care. I urge my colleagues to support this by requiring local telephone com- 2000.’’ This bill brings together very this bill. panies to phase out subsidies; by man- important initiatives for making long- f dating competitive safeguards to pre- term care more affordable for Ameri- FCC REGULATION OF PAY PHONES vent discrimination by the ILECs and cans. In particular, this bill contains a ensure fair treatment of competitors $3,000 tax credit for caregivers and a Mr. BURNS. Mr. President, in the when they connect to local systems; tax deduction for the purchase of long- four years since the passage of the and by assuring fair compensation for term care insurance. Telecommunications Act of 1996, dra- every call, including so-called ‘‘dial There are over 22 million people pro- matic changes have occurred in our around’’ calls which bypass the pay viding unpaid help with personal needs telecommunications markets. We have phones’ traditional payment mecha- or household chores to a relative or seen competitive environments in such nism. friend who is at least 50 years old. In areas as wireless communication and Yet the basic requirements of the ’96 Indiana alone, there are 568,300 care- long distance service. Advanced tele- Act are not being implemented by the givers. The government spent approxi- communications services have great FCC to assure fair competition. Pay mately $32 billion in formal home potential for deployment in the near phone operators are not being com- health care costs and $83 billion in term, if only the Federal Communica- pensated for an estimated one-third of nursing home costs. If you add up all tions Commission would more aggres- all dial-around calls, particularly when the private sector and government sively promote them. All of this change more than one carrier is involved on spending on long-term care it is is occurring in the context of an explo- long distance connections. An industry dwarfed by the amount families spend sion of information technologies and proposal to remedy this situation has caring for loved ones in their homes. the Internet. been pending at the FCC for more than As a study published by the Alzheimers Yet the ’96 Act dealt with much more a year without any action being taken. Association indicated, caregivers pro- than the high tech changes we read so And the FCC also needs to bring to a vide $196 billion worth of care a year. much about these days. The legislation hasty resolution the issue of the appro- As a member of the Special Com- was designed to transform the entire priate line rate structure for payphone mittee on Aging, I held a field hearing telecommunications industry under providers. Today, there are about 2.3 in Indiana on making long-term care the leadership of the FCC, to the ben- million pay phones nationwide. While more affordable. At this hearing, I efit of all consumers. And the Act was all payphones are threatened by the learned first hand the importance of designed to ensure that all Americans gaps in dial-around payments, 600,000 of this tax credit. Jerry and Sue Cahee could have access to the vast array of them are independently owned and are take care of Jerry’s mother who has services the Act will stimulate. under particularly intense pressure; Alzheimers. At the hearing Jerry Today I would like to briefly address many small payphone operators now Cahee shared the following: ‘‘Mother is one aspect of the ’96 Act that is often find themselves being forced to pull a wonderful and friendly person to ev- overlooked in the glamour of ‘‘high- payphones or go out of business alto- eryone—except her caregivers. We have tech.’’ Public payphones are a critical gether. They are also in need of cer- discovered that life, aging, and illness piece of this access. For millions of tainty regarding the rates they pay the are not fair. We have discovered that Americans, public payphones are the telephone companies. This situation love is hard—that love is not enough to only access to the telecom network. should not exist more than four years make the difference. We know that And when the batteries or the signal after the enactment of the 1996 legisla- memories are all that we have left of for the wireless device fail, public tion.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7651 I hope the FCC will act quickly to as- To better protect our nation’s law dred one million, nine hundred forty sure adequate compensation for each enforcement officers, Senator CAMP- thousand, two hundred forty-eight dol- call. I hope the FCC will take imme- BELL and I introduced the Bulletproof lars and twenty-one cents) during the diate steps to enforce the requirement Vest Partnership Grant Act of 1998. past 25 years. for non-discriminatory and fair line President Clinton signed our legisla- f rates. I hope the FCC will take those tion into law on June 16, 1998. Our law ADDITIONAL STATEMENTS basic steps required by the 1996 law. created a $25 million, 50 percent match- Fair competition—and the resulting ing grant program within the Depart- benefits to consumers envisioned by ment of Justice to help state and local TRIBUTE TO WILLIAM T. YOUNG Congress—will not occur until these law enforcement agencies purchase ∑ Mr. McCONNELL. Mr. President, I actions are taken. As Chairman of the body armor for fiscal years 1999–2001. rise today to honor my good friend and Senate Communications Sub- In its two years of operation, the fellow Kentuckian, Bill Young, in rec- committee, I will be carefully moni- Bulletproof Vest Partnership Grant ognition of his service and dedication toring actions taken by the FCC on Program has funded more than 180,000 to the state of Kentucky. As Bill steps these important issues in the weeks new bulletproof vests for police officers down from a few of his many leadership and months ahead. across the country. positions, I pay tribute to him for his f The Bulletproof Vest Partnership lifelong commitment to this region. Grant Act of 2000 builds on the success Born in Lexington, he has always fo- THE BULLETPROOF VEST of this program by doubling its annual PARTNERSHIP GRANT ACT OF 2000 cused on the state’s higher education. funding to $50 million for fiscal years Bill’s many leadership positions, in- Mr. LEAHY. Mr. President, I wanted 2002–2004. It also improves the program cluding Transylvania University Board to inform the Repubican leadership by guaranteeing jurisdictions with of Trustees member and chairman of that the House of Representatives fewer than 100,000 residents receive the the board of Shakertown, have guided today passed the Bulletproof Vest full 50–50 matching funds because of the growth and success of Kentucky. Partnership Grant Act of 2000, H.R. the tight budgets of these smaller com- As he is known for his single-minded 4033, by an overwhelming vote of 413–3. munities and by making the purchase determination to help the future suc- I hope that the Senate will quickly fol- of stab-proof vests eligible for grant cess of Kentuckians, he has left a leg- low suit and pass the House-passed bill awards to protect corrections officers acy behind that would prove he is one and send it to the President. President in close quarters in local and county of the state’s greatest assets. Clinton has already endorsed this legis- jails. No opportunity has been missed by lation to support our nation’s law en- More than ever before, police officers Bill to continue Kentucky’s prosperity. forcement officers and is eager to sign in Vermont and around the country Beginning with investments in peanut it into law. face deadly threats that can strike at butter that is now better known as Jif, Senator CAMPBELL and I have intro- any time, even during routine traffic his business endeavors started success- duced the Senate companion bill, S. stops. Bulletproof vests save lives. It is fully. With an interest in horses, he 2413. Unfortunately, someone on the essential the we update this law so continued his success in the business other side of the aisle has a hold on our that many more of our officers who are world by becoming a prominent leader bill. We have been working for the past risking their lives everyday are able to of thoroughbred racing. Over the years, week to urge the Senate to pass the protect themselves. he became a leading philanthropist by Bulletproof Vest Partnership Grant I hope this mysterious ‘‘hold’’ on the helping construct the YMCA located on Act of 2000, S. 2413. The Senate Judici- other side of the aisle will disappear. Lexington’s High Street, Shakertown, ary Committee passed our bill unani- The Senate should pass without delay and the University of Kentucky’s new mously on June 29. It has been cleared the Bulletproof Vest Partnership Grant William T. Young Library. He still con- by all 45 Democratic Senators. Act of 2000 and sent to the President tinues other projects for the commu- But it still has not passed the full for his signature into law. nity that are significant and meaning- Senate. This is very disappointing to f ful to him. our nation’s law enforcement officers Kentucky would not be what it is who need life-saving bulletproof vests THE VERY BAD DEBT BOXSCORE today without Bill’s leadership and to protect themselves. Protecting and Mr. HELMS. Mr. President, at the guidance over the past years. Though supporting our law enforcement com- close of business yesterday, Tuesday, Bill has stepped down for others to munity should not be a partisan issue. July 25, 2000, the Federal debt stood at guide the future, Kentucky will feel Senator CAMPBELL and I worked to- $5,670,717,940,248.21 (Five trillion, six the effects of his accomplishments for gether closely and successfully with hundred seventy billion, seven hundred years to come. Thank you, Bill, for the Chairman of the Judiciary Com- seventeen million, nine hundred forty putting so much of yourself into this mittee in the last Congress to pass the thousand, two hundred forty-eight dol- state to make it a better place for oth- Bulletproof Vest Partnership Grant lars and twenty-one cents). ers. Your hard work and successes are Act of 1998 into law. Senator HATCH is Five years ago, July 25, 1995, the Fed- admired, and they will continue to im- an original cosponsor this year’s bill to eral debt stood at $4,940,346,000,000 pact Kentucky for years to come. My reauthorize this grant program. Sen- (Four trillion, nine hundred forty bil- colleagues join me in congratulating ators SCHUMER, KOHL, THURMOND, lion, three hundred forty-six million). you on a job well done, and I wish you REED, JEFFORDS, ROBB, REID, SAR- Ten years ago, July 25, 1990, the Fed- all the best for your future.∑ BANES, BINGAMAN, ASHCROFT, EDWARDS, eral debt stood at $3,161,885,000,000 f BUNNING, CLELAND, HUTCHISON, and (Three trillion, one hundred sixty-one ABRAHAM are also cosponsors of our bi- billion, eight hundred eighty-five mil- CELEBRATING THE 100TH BIRTH- partisan bill. lion). DAY OF COACH JEROME VAN But for some reason a Republican Fifteen years ago, July 25, 1985, the METER senator has a hold on this bill to pro- Federal debt stood at $1,798,533,000,000 ∑ Mr. ROCKEFELLER. Mr. President, vide protection to our nation’s law en- (One trillion, seven hundred ninety- today I rise to celebrate the life and ac- forcement officers. According to the eight billion, five hundred thirty-three complishments of one of West Vir- Federal Bureau of Investigation, more million). ginia’s most esteemed citizens, Coach than 40 percent of the 1,182 officers Twenty-five years ago, July 25, 1975, Jerome Van Meter. On August 15th of killed by a firearm in the line of duty the Federal debt stood at this year, Coach Van Meter will cele- since 1980 could have been saved if they $535,316,000,000 (Five hundred thirty- brate his 100th birthday. A remarkable had been wearing body armor. Indeed, five billion, three hundred sixteen mil- milestone for a truly remarkable man, the FBI estimates that the risk of fa- lion) which reflects a debt increase of Coach Van Meter’s birthday provides a tality to officers while not wearing more than $5 trillion— special opportunity for all of West Vir- body armor is 14 times higher than for $5,135,401,940,248.21 (Five trillion, one ginia to join in thanking him for a life- officers wearing it. hundred thirty-five billion, four hun- time of service to our state.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7652 CONGRESSIONAL RECORD — SENATE July 26, 2000 With a career that has spanned a cen- [From the Charlotte Observer, July 3, 2000] HONORING JUDGE QUILLEN tury, there isn’t much that Coach Van FOR IMMIGRANT, JULY 4 WAS SPECIAL— ∑ Mr. BIDEN. Mr. President, I rise Meter hasn’t accomplished. Known af- WOMAN FROM CUBA ACHIEVED HER DREAM today to honor one of Delaware’s most fectionately as just Coach to his many (By Christopher Windham) brilliant legal minds and genuinely al- students, he led the Beckley Flying Ea- Eusebia Ortiz Vera of Charlotte came from truistic public servants—the Honorable gles to three state championships in Cuba on July 4, 1954, in search of the Amer- William T. Quillen. football, and six more in basketball. A ican dream. Like millions of immigrants who arrived I have known Judge Quillen for 33 member of the National High School before her, she was poor, but optimistic years, since I was an attorney fresh out Sports Hall of Fame, Coach was both a about the future. She had only one wish: for of law school and looking for a job. As beloved teacher and principal and her children to become educated and success- a 32-year old Delaware Superior Court served on the faculty of Beckley Col- ful Americans. judge he met with me and on blind lege. In addition to the numerous hon- When Vera, 87, died of natural causes Fri- faith recommended me for my first ors and awards he has received, Coach day—just days before Independence Day and legal job. He has been a dear friend and Van Meter holds the great distinction the anniversary of her arrival in this coun- confidant ever since. Over the past of being a surviving veteran of both try—it marked an end of a life that some say three decades, I have watched Judge epitomized American patriotism. World Wars. ‘‘She was the original liberated woman,’’ Quillen with pride and admiration at- Today, however, the countless lives said Vera’s daughter Miriam Leiva, after tain the greatest judicial heights any touched by Coach are his greatest leg- Vera’s burial Sunday. ‘‘She really wanted a lawyer could ever strive for in Dela- acy. The lessons he taught on the bas- better life for herself and her children.’’ ware, which is universally recognized— ketball court and football field brought And Vera did attain that American dream. nationally and internationally—as hav- many victories, but the lessons of life Born in Ponce, Puerto Rico, in 1912, Vera ing one of the most reputable, intellec- moved to Cuba with her father and six sib- he taught his players and students lings when she was just 4 months old. Her tual benches bar none. shaped their destinies in more profound mother had died moments after she was He is known in my state affection- ways. Dedication, hard work, compas- born. Vera married a Cuban schoolteacher at ately and respectfully as ‘‘Judge,’’ sion and dignity are the touchstones of 22. She was a housewife during her years in ‘‘Chancellor,’’ ‘‘Justice,’’ and ‘‘Mr. Sec- Coach Van Meter’s career, and his ex- Cuba. The marriage that brought Vera three retary of State.’’ He nearly became ample continues to inspire us. children ended in 1952. Governor and was my recommendation Thank you, Coach, for the invaluable After the divorce, Vera was determined to to President Clinton in June, 1999 to give her children a better life than she had, serve on the United States Third Cir- contributions you have made to the family members said. families and communities of West Vir- Vera decided to move the family to Amer- cuit Court of Appeals. It was during a ginia. As you celebrate this very spe- ica, where she hoped her children would have medical examination required for this cial birthday, you have my deepest ad- greater opportunities. Leiva, 59, was 13 when position that his physician detected miration and gratitude.∑ her mother told her—at a moment’s notice— prostate cancer. For health reasons, we to pack a suitcase of her belongings. withdrew his name from consideration. f Leiva said she boarded a plane along with I am happy to report that following her mother, brother and two aunts en route treatment for prostate cancer, he is as A GREAT LADY DEPARTS to Miami. Her sister, Beatriz Manduley, 17 at healthy as ever, running 5K races like ∑ the time, stayed in Cuba because she was Mr. HELMS. Mr. President, on July a man half his age. 1, Mrs. Eusebia Ortiz Vera passed away married. ‘‘We came to America for the same reasons Now, in classic Bill Quillen altru- in North Carolina. Born in 1912, she ar- as all immigrants, to better our family,’’ ism—he says it’s time to retire from rived in the United States from Cuba, said Leiva, a consulting professor at UNC the bench and make way for younger appropriately, on the Fourth of July, Charlotte. lawyers to serve as judges. 1954, poor and with young children to The family could not speak English when Early in his career, Bill Quillen support. they arrived, family members said. served in the United States Air Force ‘‘It was hard,’’ Leiva said. ‘‘The most dif- In America, she promptly seized the as a judge advocate, then as a top aide opportunity to build a new life, as all ficult part was all things we didn’t under- stand.’’ She said her mother did not learn for Delaware’s Governor. His judicial immigrants to the U.S. hope they can the language until 10 years later when she career began in 1966 on the Superior do. Eusebia worked very hard to ensure took English classes at a local high school. Court, which is Delaware’s primary that her children prospered. She made The entire family shared a tiny one-room trial court. In 1973, he was elevated and certain, above all, that all of them re- apartment, Leiva said. To make ends meet, confirmed as Chancellor of Delaware’s ceived good educations. Vera took a job as seamstress in the garment renowned Court of Chancery. And those children who came to the district of Miami. She never made more than Following a two-year experience as a United States did prosper, and become 75 cents an hour, family members said. Despite the limited income and food, Vera private attorney with the Wilmington good citizens of the United States, still strived for her children to be successful. Trust Company, he again heeded the going on to be a U.S. Ambassador to ‘‘From the moment we came to the United call for public service. In 1978, the Gen- Honduras, a high school teacher, and a States, she told us we were going to suc- eral Assembly had expanded Delaware’s professor at the University of North ceed,’’ said Frank Almaguer, Vera’s son. Supreme Court from three to five Carolina. Almaguer is now the U.S. ambassador to members, and the Governor called on Among her grandchildren, Mr. Presi- Honduras. Bill Quillen. He was confirmed unani- dent, are two U.S. naval officers, a Leiva said her mother prevented her from using a needle and thread because she didn’t mously as a Delaware Supreme Court medical student studying to be a Navy want her daughter to become a seamstress. Justice. He served on the State’s High- doctor, two lawyers and an elementary ‘‘Women would come to the house and ask, est Court for five years, before stepping school principal—college graduates all. ‘When is Miriam coming to the factory?’ and down to run for Governor on the Demo- Each of them is a testament to a good mother will say ‘No, Miriam is going to the cratic ticket. In one of the rare in- life. university,’ ’’ Leiva said. stances when he did not achieve his When I read about her in The Char- Vera’s dream came true in 1957 when Leiva goal, Bill Quillen was not bitter or dis- lotte Observer, I felt a sense of pride in enrolled at Guilford College in Greensboro. With scholarships, loans and help from local couraged. In 1993, he accepted Governor her story. It is not merely a testimony Quakers, Leiva was able to graduate in 1961 Tom Carper’s call for continued public to her own character, discipline and with a degree in mathematics. service to become Secretary of State. strength. No, it is also a reflection of Almaguer graduated from the University In a state that more than half of the what America is all about for so of Florida in 1967. Manduley came to Miami Fortune 500 companies call home, Sec- many—a land of opportunity and of in 1960. She received her master’s degree retary Quillen made his mark on this hope. from UNC Greensboro in 1973. All seven of prestigious office. Mr. President, I ask that the July 3 Vera’s grandchildren are college graduates. But his heart remained in the law. In Vera lived in Miami until 1997, when health article published by The Charlotte Ob- conditions caused her to move to a nursing November, 1994, Governor Carper nomi- server be printed in the RECORD at the home in Charlotte, close to Leiva. nated and the General Assembly unani- conclusion of my remarks. ‘‘This is her legacy,’’ said Leiva. ‘‘Failure mously confirmed him to the Court The article follows: was simply not an option for us.’’∑ where his storied career began—the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7653 Delaware Superior Court. As I said ear- & Exposition Center. Also, Ron is one the pleasure of transmitting to you the lier, I believe our federal bench would of few in the country selected for the Twenty-first Annual Report of the Fed- have been enlightened by his experi- honor to represent Steinway pianos. eral Labor Relations Authority for Fis- ence and brilliance, but for health rea- Ron has also provided piano services to cal Year 1999. sons, this was not meant to be. other prestigious performance venues The report includes information on What’s even more striking than his and for popular entertainers like the cases heard and decisions rendered distinguished legal career is Judge James Taylor and Carol King. by the Federal Labor Relations Au- Quillen’s love for history. He is a true Ron should not only be congratulated thority, the General Counsel of the Au- Delaware historian, with long-time for his success with Gist Piano Serv- thority, and the Federal Service Im- family roots in historic New Castle. His ices, but he should be recognized for his passes Panel. love and respect for the law, democracy service to the community. He has dedi- WILLIAM J. CLINTON. and justice for all are unparalleled. cated himself to making a difference in THE WHITE HOUSE, July 26, 2000. Judge Quillen is recognized nation- people’s lives through music. By cre- f ally for his extensive writings on Dela- ating more avenues for young people to MESSAGE FROM THE HOUSE ware’s Court of Chancery, the history express themselves, like through play- of Equity Jurisdiction in Delaware and ing the piano, children can learn how At 11:59 a.m., a message from the the Federal-State Corporate Law Rela- to imagine, create, and organize the House of Representatives, delivered by tionship. His colleagues nationwide power of music. These skills can later Ms. Niland, one of its reading clerks, also have awarded him numerous pres- be used as key tools to succeed in the announced that the House has passed tigious awards, including the First future as they enter adulthood. Thank the bill (S. 768) to establish court-mar- Place Award for the 1980 Judge Edward you, Ron, for ensuring a better future ital jurisdiction over civilians serving R. Finch Law Day U.S.A. Speech, spon- for this state as the younger genera- with the Armed Forces during contin- sored by the American Bar Associa- tions are better equipped to lead Ken- gency operations, and to establish Fed- tion, on the topic of ‘‘Seven Percep- tucky. eral jurisdiction over crimes com- tions of Freedom.’’ In June, 1998, he Your hard work continues to display mitted outside the United States by also received the ‘‘American Judica- an unswerving commitment to the peo- former members of the Armed Forces ture Society’s Herbert Harley Award.’’ ple of Kentucky and possesses the re- and civilians accompanying the Armed Judge Quillen will continue to serve spect and gratitude of many in the Forces outside the United States, with as a professor at the Widener Univer- community. The significant work an amendment, in which it requests sity School of Law and plans to spend which you and your wife Amanda have the concurrence of the Senate: more time with his wife of 41 years, accomplished is appreciated by myself The message also announced that the two daughters and three grandchildren. and the many others whose lives you House disagreed to the amendment of I have no doubt his legal legacy, have touched throughout your career. the Senate to the bill (H.R. 4578) mak- knowledge of Delaware, writing and Ron, thank you and best wishes for ing appropriations for the Department speaking ability will continue to serve many more years of success. Know that of the Interior and related agencies for our State for many years to come. your efforts to better the lives of those the fiscal year ending September 30, Judge Quillen is a proud graduate of in the region will be felt for years to 2001, and for other purposes, and agree Harvard Law School, and it was the come. On behalf of myself and my col- to the conference asked by the Senate Dean Emeritus of Harvard Law leagues in the United States Senate, on the disagreeing votes of the two School—Roscoe Pound—who said: thank you for giving so much of your- Houses, and appoints Mr. REGULA, Mr. ‘‘Law is experience developed by rea- self for so many others in Louisville, KOLBE, Mr. SKEEN, Mr. TAYLOR of son and applied continually to further the state of Kentucky, and the entire North Carolina, Mr. NETHERCUTT, Mr. experience.’’ music industry.∑ WAMP, Mr. KINGSTON, Mr. PETERSON of Judge Quillen’s vast experience and Pennsylvania, Mr. YOUNG of Florida, f reasoned principles applied as a mem- Mr. DICKS, Mr. MURTHA, Mr. MORAN of ber of Delaware’s top three courts will MESSAGES FROM THE PRESIDENT Virginia, Mr. CRAMER, Mr. HINCHEY, forever leave its marks on our body of Messages from the President of the and Mr. OBEY, as the managers of the law in Delaware. Our State and our United States were communicated to conference on the part of the House. citizens are so much better for his serv- the Senate by Ms. Evans, one of his The message further announced that ice. So, Your Honor, May It Please The secretaries. the House has passed the following bills, in which it requests the concur- Court, respectfully accept this state- EXECUTIVE MESSAGES REFERRED rence of the Senate: ment of profound gratitude and admi- As in executive session the Presiding ∑ ration. Officer laid before the Senate messages H.R. 2348. An act to authorize the Bureau f of Reclamation to provide cost sharing for from the President of the United the endangered fish recovery implementa- TRIBUTE TO RON GIST States submitting sundry nominations tion programs for the Upper Colorado and which were referred to the appropriate ∑ Mr. MCCONNELL. Mr. President, I San Juan River Basins. committees. rise today to pay tribute to my friend H.R. 2462. An act to amend the Organic Act (The nominations received today are of Guam, and for other purposes. and Phi Kappa Tau fraternity brother printed at the end of the Senate pro- H.R. 2919. An act to promote preservation Ron Gist, as founder of Gist Piano ceedings.) and public awareness of the history of the Services, on the occasion of his success Underground Railroad by providing financial with his Louisville piano dealership. f assistance to the Freedom Center in Cin- After attending the University of THE TWENTY-FIRST ANNUAL RE- cinnati, Ohio. Louisville, Ron started his piano deal- PORT OF THE FEDERAL LABOR H.R. 3236. An act to auhorize the Secretary of the Interior to enter into contracts with ership with only $1000 and two used pi- RELATIONS AUTHORITY FOR FIS- anos in 1971. Many years later, after the Weber Basin Water Conservancy District, CAL YEAR 1999—MESSAGE FROM Utah, to use Weber Basin Project facilities persevering through a tornado in 1974, THE PRESIDENT—PM #122. for the impounding, storage, and carriage of a devastating fire that nearly de- The PRESIDING OFFICER laid be- noproject water for domestic, municipal, in- stroyed his business, and the hardship fore the Senate the following message dustrial, and other beneficial purposes. of an unfortunate economic downturn, H.R. 3291. An act to provide for the settle- from the President of the United Gist Piano Services has grown to be- ment of the water rights claims of the States, together with an accompanying come one of Louisville’s most highly Shivwits Band of the Paiute Indian Tribe of report; which was referred to the Com- regarded piano dealerships, restorers, Utah, and for other purposes. mittee on Governmental Affairs. H.R. 3468. An act to direct the Secretary of and consultants in the region. the Interior to convey certain water rights As a natural salesman, Ron’s success To the Congress of the United States: to Duchesne City, Utah. has led to profitable relationships with In accordance with section 701 of the H.R. 3485. An act to modify the enforce- the Louisville Orchestra, Kentucky Civil Service Reform Act of 1978 (Pub- ment of certain anti-terrorism judgments, Center for the Arts, and Kentucky Fair lic Law 95–454, 5 U.S.C. 7104(e)), I have and for other purposes.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7654 CONGRESSIONAL RECORD — SENATE July 26, 2000 H.R. 4047. An act to amend title 18 of the H.R. 2919. An act to promote preservation H.R. 4807. An act to amend the Public United States Code to provide life imprison- and public awareness of the history of the Health Service Act to revise and extend pro- ment for repeat offenders who commit sex Underground Railroad by providing financial grams established under the Ryan White offenses against children. assistance, to the Freedom Center in Cin- Comprehensive AIDS Resources Emergency H.R. 4210. An act to amend the Robert T. cinnati, Ohio; to the Committee on Energy Act of 1990, and for other purposes. Stafford Disaster Relief and Emergency As- and Natural Resources. The following bill was read the sec- H.R. 3236. An act to authorize the Sec- sistance Act to provide for improved Federal ond time, and placed on the calendar: efforts to prepare for and respond to ter- retary of the Interior to enter into contracts rorist attacks, and for other purposes. with the Weber Basin Water Conservancy S. 2912. A bill to amend the Immigration H.R. 4320. An act to assist in the conserva- District, Utah, to use Weber Basin Project and Nationality Act to remove certain limi- tion of great apes by supporting and pro- facilities for the impounding, storage, and tations on the eligibility of aliens residing in viding financial resources for the conserva- carriage of nonproject water for domestic, the United States to obtain lawful perma- tion programs of countries within the range municipal, industrial, and other beneficial nent residency status. of great apes and projects of persons with purposes; to the Committee on Energy and f demonstrated expertise in the conservation Natural Resources. of great apes. H.R. 4047. An act to amend title 18 of the EXECUTIVE AND OTHER H.R. 4697. An act to amend the Foreign As- United States Code to provide life imprison- COMMUNICATIONS ment for repeat offenders who commit sex sistance Act of 1961 to ensure that United The following communications were States assistance programs promote good offenses against children; to the Committee governance by assisting other countries to on the Judiciary. laid before the Senate, together with combat corruption throughout society and H.R. 4210. An act to amend the Robert T. accompanying papers, reports, and doc- to promote transparency and increased ac- Stafford Disaster Relief and Emergency As- uments, which were referred as indi- countability for all levels of government and sistance Act to provide for improved Federal cated: throughout the private sector. efforts to prepare for and respond to ter- EC–9975. A communication from the Direc- H.R. 4806. An act to designate the Federal rorist attacks, and for other purposes; to the tor of the Office of Regulations Management, building located at 1710 Alabama Avenue in Committee on Environment and Public Department of Veterans Affairs, transmit- Jasper, Alabama, as the ‘‘Carl Elliott Fed- Works. ting, pursuant to law, the report of a rule en- H.R. 4320. An act to assist in the conserva- eral Building.’’ titled ‘‘Increase in Rates Payable Under the tion of great apes and supporting and pro- H.R. 4868. An act to amend the Harmonized Montgomery GI Bill—Active Duty’’ viding financial resources for the conserva- Tariff Schedule of the United States to mod- (RIN2900–AJ89) received on July 19, 2000; to tion programs of countries within the range ify temporarily certain rates of duty, to the Committee on Veterans’ Affairs. of great apes and projects of persons with make other technical amendments to the EC–9976. A communication from the Assist- demonstrated expertise in the conservation trade laws, and for other purposes. ant Secretary of Legislative Affairs, trans- of great apes; to the Committee on Environ- H.R. 4923. An act to amend the Internal mitting, pursuant to law, a report of a rule ment and Public Works. Revenue Code of 1986 to provide tax incen- entitled ‘‘Amendments to the International H.R. 4697. An act to amend the Foreign As- tives for the renewal of distressed commu- Traffic in Arms Regulation: NATO Coun- sistance Act of 1961 to ensure that United nities, to provide for nine additional em- tries, Australia and Japan’’ received on July States assistance programs promote good powerment zones and increased tax incen- 17, 2000; to the Committee on Foreign Rela- governance by assisting other countries to tives for empowerment zone development, to tions. combat corruption throughout society and encourage investments in new markets, and EC–9977. A communication from the Assist- to promote transparency and increased ac- for other purposes. ance Secretary of Legislative Affairs, trans- countability for all levels of government and mitting, pursuant to law, the report of the The message also announced that the throughout the private sector; to the Com- transmittal of the certification of the pro- House has agreed to the following con- mittee on Foreign Relations. current resolutions, in which it re- H.R. 4710. An act to authorize appropria- posed issuance of an export license relative quests the concurrence of the Senate: tions for the prosecution of obscenity cases; to Germany; to the Committee on Foreign Relations. H. Con. Res. 343. Concurrent resolution ex- to the Committee on the Judiciary. H.R. 4806. An act to designate the Federal EC–9978. A communication from the Sec- pressing the sense of the Congress regarding retary of Defense, transmitting, the report of the importance of families eating together. building located at 1710 Alabama Avenue in Jasper, Alabama, as the ‘‘Carl Elliott Fed- a retirement; to the Committee on Armed H. Con. Res. 372. Concurrent resolution ex- Services. pressing the sense of the Congress regarding eral Building’’; to the Committee on Envi- ronment and Public Works. EC–9979. A communication from the Sec- the historic significance of the 210th anniver- retary of Defense, transmitting, the report of sary of the establishment of the Coast H.R. 4868. An act to amend the Harmonized Tariff Schedule of the United States to mod- a retirement; to the Committee on Armed Guard, and for other purposes. Services. H. Con. Res. 375. Concurrent resolution rec- ify temporarily certain rates of duty, to make other technical amendments to the EC–9980. A communication from the Sec- ognizing the importance of children in the retary of Defense, transmitting, the report of United States and supporting the goals and trade laws, and for other purposes; to the Committee on Finance. a retirement; to the Committee on Armed ideas of American Youth Day. Services. At 3:06 p.m., a message from the The following concurrent resolutions EC–9981. A communications from the Al- House of Representatives, delivered by were read, and referred as indicated: ternate OSD Federal Register Liaison Offi- Mr. Hayes, one of its reading clerks, H. Con. Res. 343. Concurrent resolution ex- cer, Department of Defense, transmitting, announced that the House has passed pressing the sense of the Congress regarding pursuant to law, the report of a rule entitled the importance of families eating together; the following bills, in which it requests ‘‘TRICARE Nonavailability Statement Re- to the Committee on the Judiciary. quirement for Maternity Care’’ received on the concurrence of the Senate: H. Con. Res. 372. Concurrent resolution ex- July 19, 2000; to the Committee on Armed H.R. 4033. Act act to amend the Omnibus pressing the sense of the Congress regarding Services. Crime Control and Safe Streets Act of 1968 to the historic significance of the 210th anniver- EC–9982. A communication from the Direc- clarify the procedures and conditions for the sary of the establishment of the Coast tor of the Office of Management and Budget, award of matching grants for the purchase of Guard, and for other purposes; to the Com- Executive Office of the President, transmit- armor vests. mittee on Commerce, Science, and Transpor- ting, pursuant to law, the Mid-Session Re- H.R. 4710. An act to authorize appropria- tation. view for fiscal year 2001; referred jointly, tions for the prosecution of obscenity cases. H. Con. Res. 375. Concurrent resolution rec- pursuant to the order of January 30, 1975, as H.R. 4807. An act to amend the Public ognizing the importance of children in the modified by the order of April 11, 1986, to the Health Service Act to revise and extend pro- United States and supporting the goals and Committees on Appropriations, and the grams established under the Ryan White ideas of American Youth Day; to the Com- Budget. Comprehensive AIDS Resources Emergency mittee on the Judiciary. EC–9983. A communication from the Gen- Act of 1990, and for other purposes. eral Counsel of the National Credit Union f Administration, transmitting, pursuant to f MEASURES PLACED ON THE law, the report of a rule entitled ‘‘Part 702— MEASURES REFERRED CALENDAR Prompt Corrective Action; Risk-Based Net The following bills were read the first Worth Requirement’’ received on July 19, The following bills were read the first 2000; to the Committee on Banking, Housing, and second times by unanimous con- and second times by unanimous con- and Urban Affairs. sent, and referred as indicated: sent, and placed on the calendar: EC–9984. A communication from the Assist- H.R. 2462. An act to amend the Organic Act H.R. 3485. An act to modify the enforce- ant Secretary for Export Administration, of Guam, and for other purposes; to the Com- ment of certain anti-terrorism judgments, Department of Commerce, transmitting, pur- mittee on the Judiciary. and for other purposes. suant to law, the report of a rule entitled

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7655 ‘‘Export Administration Regulations Entity EC–9995. A communication from the H.R. 1901: A bill to designate the United List: Revisions to the Entity List’’ (RIN0694– Commisioner of Social Security, Social Se- States border station located in Pharr, AB73) received on July 20, 2000; to the Com- curity Administration, transmitting, a draft Texas, as the ‘‘Kika de la Garza United mittee on Banking, Housing, and Urban Af- of proposed legislation entitled ‘‘Social Se- States Border Station’’. fairs. curity Amendments of 2000″; to the Com- H.R. 1959: A bill to designate the Federal EC–9985. A communication from the Man- mittee on Finance. building located at 743 East Durango Boule- aging Director, Office of the General Coun- EC–9996. A communication from the Chief vard in San Antonio, Texas, as the ‘‘Adrian sel, Federal Housing Finance Board, trans- of the Regulations Unit of the Internal Rev- A. Spears Judicial Training Center’’. mitting, pursuant to law, the report of a rule enue Service, Department of the Treasury, H.R. 4608: A bill to designate the United entitled ‘‘Federal Home Loan Bank Ad- transmitting, pursuant to law, the report of States courthouse located at 220 West Depot vances, Eligible Collateral, New Business Ac- a rule entitled ‘‘August 2000 Applicable Fed- Street in Greeneville, Tennessee, as the tivities and Related Matters’’ (RIN3069– eral Rates’’ (Revenue Ruling 2000–38) re- ‘‘James H. Quillen United States Court- AA97) received on July 24, 2000; to the Com- ceived on July 21, 2000; to the Committee on house’’. mittee on Banking, Housing, and Urban Af- Finance. By Mr. HELMS, from the Committee on fairs. EC–9997. A communication from the Chief Foreign Relations, with an amendment in EC–9986. A communication from the Man- of the Regulations Unit of the Internal Rev- the nature of a substitute: aging Director, Office of the General Coun- enue Service, Department of the Treasury, S. 2253: A bill to authorize the establish- sel, Federal Housing Finance Board, trans- transmitting, pursuant to law, the report of ment of a joint United States-Canada com- mitting, pursuant to law, the report of a rule a rule entitled ‘‘Coordinated Issue: All Indus- mission to study the feasibility of con- entitled ‘‘Election of Federal Home Loan tries-Lease Stripping Transactions’’ (UIL necting the rail system in Alaska to the Bank Directors’’ (RIN3069–AB00) received on 9226.00–00) received on July 21, 2000; to the North American continental rail system; and July 24, 2000; to the Committee on Banking, Committee on Finance. for other purposes. Housing, and Urban Affairs. EC–9998. A communication from the Chief f EC–9987. A communication from the Man- of the Regulations Unit of the Internal Rev- aging Director, Office of the General Coun- enue Service, Department of the Treasury, EXECUTIVE REPORTS OF sel, Federal Housing Finance Board, trans- transmitting, pursuant to law, the report of COMMITTEES mitting, pursuant to law, the report of a rule a rule entitled ‘‘Coordinated Issue: Motor The following executive reports of entitled ‘‘Amendment of Membership Regu- Vehicle Industry-Service Technician Tool committees were submitted: lation and Advances Regulation’’ (RIN3069– Reimbursements’’ (UIL 62.15–00) received on AA94) received on July 24, 2000; to the Com- July 21, 2000; to the Committee on Finance. By Mr. SMITH of New Hampshire for the mittee on Banking, Housing, and Urban Af- EC–9999. A communication from the Chief Committee on Environment and Public fairs. of the Regulations Unit of the Internal Rev- Works. EC–9988. A communication from the Direc- enue Service, Department of the Treasury, Arthur C. Campbell, of Tennessee, to be tor of the Policy Directives and Instructions transmitting, pursuant to law, the report of Assistant Secretary of Commerce for Eco- Branch, Immigration and Naturalization a rule entitled ‘‘Increase in Cash-out Limit nomic Development. (New Position) Ella Wong-Rusinko, of Virginia, to be Al- Service, Department of Justice, transmit- Under sections 411(a)(7), 411(a)(11), and ternate Federal Cochairman of the Appa- ting, pursuant to law, the report of a rule en- 417(e)(1) for Qualified Retirement Plans’’ lachian Regional Commission. titled ‘‘Implementation of Hernandez v. Reno (RIN 1545–AW59 (TD8891)) received on July By Mr. HELMS for the Committee on For- settlement agreement; Certain aliens eligi- 18, 2000; to the Committee on Finance. eign Relations. ble for family unity benefits after sponsoring EC–10000. A communication from the Dep- Everett L. Mosley, of Virginia, to be In- family member’s naturalization; additional uty Secretary to the Department of Health spector General, Agency for International class of aliens ineligible for family unity and Human Services, transmitting, pursuant benefits’’ (RIN1115–AE72 INS No. 1823–96) re- Development. to law, the report of a rule entitled ‘‘Medi- Richard A. Boucher, of Maryland, a Career ceived on July 19, 2000; to the Committee on care Program; Prospective Payment System Member of the Senior Foreign Service, Class the Judiciary. for Home Health Agencies (HCFA–1059–F)’’ of Minister-Counselor, to be an Assistant EC–9989. A communication from the Chief (RIN0938–AJ24) received on July 19, 2000; to Justice of the Supreme Court, transmitting, Secretary of State (Public Affairs). the Committee on Finance. Michael G. Kozak, of Virginia, a Career the report of the Proceedings of the Judicial EC–10001. A communication from the Dep- Member of the Senior Executive Service, to Conference on March 14, 2000; to the Com- uty Secretary to the Department of Health be Ambassador Extraordinary and Pleni- mittee on the Judiciary. and Human Services, transmitting, pursuant EC–9990. A communication from the Assist- potentiary of the United States of America to law, the report of a rule entitled ‘‘Medi- to the Republic of Belarus. ant Secretary of State (Legislative Affairs), care Program; State Health Insurance Pro- transmitting, pursuant to law, the report of Nominee: Michael G. Kozak. gram (SHIP)–HCFA–4005–IFC’’ (RIN0938– Post: Ambassador to Belarus. the transmittal of the certification of the AJ67) received on July 19, 2000; to the Com- The following is a list of all members of proposed issuance of an export license rel- mittee on Finance. my immediate family and their spouses. I ative to Australia, French Guiana, Japan, EC–10002. A communication from the Chief have asked each of these persons to inform Jordan, Kourou, The Netherlands, Singapore, of the Regulations Branch, U.S. Customs me of the pertinent contributions made by and the United Kingdom; to the Committee Service, Department of the Treasury, trans- them. To the best of my knowledge, the in- on Foreign Relations. mitting, pursuant to law, the report of a rule formation contained in this report is com- EC–9991. A communication from the Under entitled ‘‘Forced or Indentured Child Labor’’ plete and accurate. Secretary of Defense, Acquisition, Tech- (RIN1515–AC36) received on July 20, 2000; to Contributions, amount, date, donee: nology, and Logistics, Department of De- the Committee on Finance. 1. Self: none. fense, transmitting , pursuant to law, the re- EC–10003. A communication from the Chief 2. Spouse: Eileen Louise Kozak, none. port on A–76 reviews; to the Committee on of the Regulations Unit, Internal Revenue 3. Children and spouses names: Dan B. and Appropriations. Service, Department of the Treasury, trans- Laura D. Kozak, none; Alexander G. Kozak, EC–9992. A communication from the Dep- mitting, pursuant to law, the report of a rule none. uty Executive Secretary to the Department entitled ‘‘Weighted Average Interest Rate 4. Parents names: George C. and Margaret of Health and Human Services, transmitting, Update’’ (Notice 2000–40) received on July 24, L. Kozak, none. pursuant to law, the report of a rule entitled 2000; to the Committee on Finance. 5. Grandparents names: deceased. ‘‘Medicare Program; Solvency Standards for f 6. Brothers and spouses names: none. Provider-Sponsored Organizations (HCFA– 7. Sisters and spouses names: Susan D. and 1011–F)’’ (RIN0938–AI83) received on July 12, REPORTS OF COMMITTEES Tom Volking, none; Lucinda J. and Bruce 2000; to the Committee on Finance. Campbell, none. EC–9993. A communication from the Chief The following reports of committees of the Regulations Unit of the Internal Rev- were submitted: (The above nominations were re- enue Service, Department of the Treasury, By Mr. CAMPBELL, from the Committee ported with the recommendation that transmitting, pursuant to law, the report of on Indian Affairs, with an amendment in the they be confirmed subject to the nomi- a rule entitled ‘‘Rev. Proc. 2000-31 Form 1040 nature of a substitute: nees’ commitment to respond to re- IRS e-file Program’’ (Rev. Proc. 2000–31) re- S. 1586: A bill to reduce the fractionated quests to appear and testify before any ceived on July 13, 2000; to the Committee on ownership of Indian Lands, and for other pur- duly constituted committee of the Sen- Finance. poses (Rept. No. 106–361). ate.) EC–9994. A communication from the Chief By Mr. SMITH, of New Hampshire, from of the Regulations Unit of the Internal Rev- the Committee on Environment and Public f enue Service, Department of the Treasury, Works, without amendment: INTRODUCTION OF BILLS AND transmitting, pursuant to law, the report of H.R. 1729: A bill to designate the Federal JOINT RESOLUTIONS a rule entitled ‘‘1999 Differential Earnings facility located at 1301 Emmet Street in Rate’’ (Revenue Ruling 2000–37) received on Charlottesville, Virginia, as the ‘‘Pamela B. The following bill was introduced, July 17, 2000; to the Committee on Finance. Gwin Hall’’. read the first and second times by

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7656 CONGRESSIONAL RECORD — SENATE July 26, 2000 unanimous consent, and referred as in- under title II of the Social Security Act in Mr. DEWINE, Mr. GORTON, Mrs. dicated on July 24, 2000. full with an accurate annual cost-of-living HUTCHISON, Ms. LANDRIEU, Mr. SMITH adjustment; to the Committee on Finance. of Oregon, and Mr. THOMAS): By Mr. REID (for himself, Mr. GRASS- By Mr. MURKOWSKI: S. 2941. A bill to amend the Federal Cam- LEY, and Mrs. LINCOLN): S. 2931. A bill to make improvements to paign Act of 1971 to provide meaningful cam- S. 2910. A bill to amend title XVIII of the the Arctic Research and Policy Act of 1984; paign finance reform through requiring bet- Social Security Act to permit the expansion to the Committee on Governmental Affairs. ter reporting, decreasing the role of soft of medical residency training programs in By Mr. LAUTENBERG: money, and increasing individual contribu- geriatric medicine; to the Committee on Fi- S. 2932. A bill to amend title 39, United tion limits, and for other purposes; read the nance. States Code, to provide for the issuance of a first time. semipostal stamp in order to afford the pub- The following bills and joint resolu- f tions were introduced, read the first lic a convenient way to contribute to fund- and second times by unanimous con- ing for the establishment of the World War II SUBMISSION OF CONCURRENT AND sent, and referred as indicated on July Memorial; to the Committee on Govern- SENATE RESOLUTIONS 26, 2000: mental Affairs. By Mr. NICKLES: The following concurrent resolutions By Mr. BINGAMAN: S. 2933. A bill to amend provisions of the and Senate resolutions were read, and S. 2922. A bill to create a Pension Reform Energy Policy Act of 1992 relating to reme- referred (or acted upon), as indicated: and Simplification Commission to evaluate dial action of uranium and thorium proc- and suggest ways to enhance access to the By Mr. FITZGERALD (for himself, Mr. essing sites; to the Committee on Energy private pension plan system; to the Com- LIEBERMAN, Mr. HAGEL, Mr. HELMS, and Natural Resources. mittee on Health, Education, Labor, and and Mr. LUGAR): By Mr. TORRICELLI: S. Res. 343. A resolution expressing the Pensions. S. 2934. A bill to provide for the assessment sense of the Senate that the International By Mr. KENNEDY (for himself, Mr. of an increased civil penalty in a case in Red Cross and Red Crescent Movement ROCKEFELLER, Mr. DASCHLE, Mr. which a person or entity that is the subject should recognize and admit to full member- MOYNIHAN, Mr. REED, Mr. L. CHAFEE, of a civil environmental enforcement action ship Israel’s Magen David Adom Society Ms. COLLINS, Ms. SNOWE, Mr. BAUCUS, has previously violated an environmental with its emblem, the Red Shield of David; to Mr. BREAUX, Mr. CONRAD, Mr. GRA- law or in a case in which a violation of an the Committee on Foreign Relations. HAM, Mr. BRYAN, Mr. KERREY, Mr. environmental law results in a catastrophic By Mr. MCCAIN (for himself and Mr. ROBB, Mr. INOUYE, Mr. LAUTENBERG, event; to the Committee on Environment GORTON): Mr. AKAKA, Mr. SCHUMER, and Mr. and Public Works. S. Res. 344. A resolution expressing the LEAHY): By Mr. GRAHAM (for himself, Mr. sense of the Senate that the proposed merger S. 2923. A bill to amend title XIX and XXI GRASSLEY, Ms. MIKULSKI , Mr. BAYH, of United Airlines and US Airways is incon- of the Social Security Act to provide for Mr. BREAUX, Ms. COLLINS, and Mr. sistent with the public interest and public Family Care coverage for parents of enrolled AKAKA): convenience and necessity policy set forth in children, and for other purposes; to the Com- S. 2935. A bill to amend the Employee Re- section 40101 of title 49, United States Code; mittee on Finance. tirement Income Security Act of 1974, the In- to the Committee on Commerce, Science, By Ms. COLLINS (for herself, Mr. DUR- ternal Revenue Code of 1986, and the Public and Transportation. BIN, and Mrs. FEINSTEIN): Health Service Act to increase Americans’ S. 2924. A bill to strengthen the enforce- access to long term health care, and for f ment of Federal statutes relating to false other purposes; to the Committee on Fi- STATEMENTS ON INTRODUCED identification, and for other purposes; to the nance. BILLS AND JOINT RESOLUTIONS Committee on the Judiciary. By Mr. ROBB (for himself, Mr. By Mr. THURMOND: DASCHLE, Mr. BAUCUS, Mr. BREAUX, By Mr. BINGAMAN: S. 2925. A bill to amend the Public Health Mr. DODD, Mr. DORGAN, Mr. JOHNSON, S. 2922. A bill to create a Pension Re- Service Act to establish an Office of Men’s Mr. KENNEDY, Mr. KERREY, Mr. form and Simplification Commission to Health; to the Committee on Health, Edu- KERRY, Mr. LEAHY, Mr. LIEBERMAN, evaluate and suggest ways to enhance cation, Labor, and Pensions. Mrs. LINCOLN, Mr. REID, Mr. ROCKE- access to the private pension plan sys- By Mr. BINGAMAN: FELLER, Mr. SCHUMER, Mr. S. 2926. A bill to amend title II of the So- tem; to the Committee on Health, Edu- TORRICELLI, Mr. HARKIN, and Mr. cation, Labor, and Pensions. cial Security Act to provide that an individ- BAYH): ual’s entitlement to any benefit thereunder S. 2936. A bill to provide incentives for new THE PENSION REFORM AND SIMPLIFICATION shall continue through the month of his or markets and community development, and COMMISSION ACT her death (without affecting any other per- for other purposes; to the Committee on Fi- Mr. BINGAMAN. Mr. President: I rise son’s entitlement to benefits for that month) nance. today to introduce legislation calling and that such individual’s benefit shall be By Mr. DOMENICI (for himself, Mr. for the establishment of a Pension Re- payable for such month only to the extent WYDEN, Mr. GRASSLEY, and Mr. form and Simplification Commission. proportionate to the number of days in such KERREY): month preceding the date of such individ- S. 2937. A bill to amend title XVIII of the The legislation derives directly from ual’s death; to the Committee on Finance. Social Security Act to improve access to conversations I have had with constitu- By Mr. FEINGOLD: Medicare+Choice plans through an increase ents and experts on three key issues. S. 2927. A bill to ensure that the incarcer- in the annual Medicare+Choice capitation First, there is the problem related to ation of inmates is not provided by private rates and for other purposes; to the Com- the current cost and complexity of pri- contractors or vendors and that persons mittee on Finance. vate pension plans. In my view current charged or convicted of an offense against By Mr. BROWNBACK (for himself and regulations place an unnecessary bur- the United States shall be housed in facili- Mr. SCHUMER): den on small and medium business as ties managed and maintained by Federal, S. 2938. A bill to prohibit United States as- State, or local governments; to the Com- sistance to the Palestinian Authority if a they attempt to adopt pension plans. mittee on the Judiciary. Palestinian state is declared unilaterally, Indeed, even the most simple plans are By Mr. MCCAIN (for himself, Mr. and for other purposes; to the Committee on often so complicated in form and func- KERRY, Mr. ABRAHAM, and Mrs. Foreign Relations. tion as to be incomprehensive to an ev- BOXER): By Mr. GRASSLEY (for himself, Mr. eryday businessperson. S. 2928. A bill to protect the privacy of con- ROCKEFELLER, Mr. JEFFORDS, and Second, there is the problem involved sumers who use the Internet; to the Com- Mrs. LINCOLN): in coverage. Although over-all pension mittee on Commerce, Science, and Transpor- S. 2939. A bill to amend the Internal Rev- tation. enue Code of 1986 to provide a credit against coverage may be consistent over the By Mrs. FEINSTEIN (for herself, Mr. tax for energy efficient appliances; to the last decade and the assets of private HOLLINGS, Mr. INOUYE, and Mr. KEN- Committee on Finance. plans have been on the increase, my NEDY): By Mr. HATCH: concern is with those individuals of low S. 2929. A bill to establish a demonstration S. 2940. A bill to authorize additional as- to moderate income who are being left project to increase teacher salaries and em- sistance for international malaria control, out of the private pension plan equa- ployee benefits for teachers who enter into and to provide for coordination and consulta- tion. As companies move toward cheap- contracts with local educational agencies to tion in providing assistance under the For- er plans—401(k)s being a salient exam- serve as master teachers; to the Committee eign Assistance Act of 1961 with respect to on Health, Education, Labor, and Pensions. malaria, HIV, and tuberculosis; read the first ple—and feel less obligated to offer de- By Mr. SANTORUM: time. fined benefit-type plans, individuals S. 2930. A bill to guarantee the right of in- By Mr. HAGEL (for himself, Mr. who do not have the extra money to dividuals to receive social security benefits KERREY, Mr. ABRAHAM, Mr . BREAUX, contribute to their pension plans are

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7657 unable to benefit from a plan’s avail- Sadly, the end result is that for best attained by mobility—moving ability. This is if a plan is available at many businesses the cost of compliance from one job to another, increasing all, and in many cases it is not. with ERISA regulations—the adminis- education, pay, and retirement savings Third, there is the problem of what trative and professional costs of quali- as you go. Staying at one firm is still kind of private pension plans are best fication—rival and even outweigh the an ideal for some but it is not essential suited for the so-called ‘‘New Econ- costs of providing the benefits them- for many. Perhaps more importantly, omy’’. Clearly there is considerable de- selves. This, in turn, has led to a deci- given the dynamics of the New Econ- bate as of late in terms of what kind of sion by many business owners that omy, it may no longer be practical to private pension plans should be offered they can no longer afford to offer re- assume that you can find retirement so as to increase saving, decrease mo- tirement plans to their employees, this security at a single firm. bility, provide opportunity, enhance in spite of their desire to do so. For The bottom line, much as the recent entrepreneurship, and so on, all of these people, the current rules burden debates over cash balance plans sug- which is apparent in the rise of hybrid the system beyond the benefits they gest, is that some very basic issues pension plans. My foremost concern provide. This has to change. concerning pension policy are coming here is that Congress now finds itself But the cost and complexity I have to the fore at this time, examples being reacting to innovative private pension just mentioned has had a corollary ef- the essence of the employer-employee plans rather than being pro-active in fect, that being a lack of access to pen- relationship, the ability of companies their creation. sion plans on the part of low- and mid- to attract and maintain a skilled work- Mr. President, in 1974, Congress dle-income workers, women and mi- force, the benefits provided to short- passed the Employee Retirement In- norities in particular. Rightly or and long-term employees, the advis- come Security Act, known by most wrongly, one of the foremost criticisms ability of worker mobility seen in the people by its acronym of ERISA, our directed toward ERISA is that it has context of technological innovation intention at the time being twofold. accelerated the demise of traditional and globalization, and so on. Here, we First, we wanted to protect the assets defined benefit pensions and increased must confront the reality of political held in private sector retirement plans. conversions to new forms of plans, spe- economic change, and do so quickly Second, we wanted to create uniform cifically defined contribution plans and coherently. rules that govern how these plans will like 401(k)s. Employers oftentimes no But Congress is not doing that. As I be implemented in each and every longer feel it is their role to provide re- stated previously, we are reacting to state. tirement income to their employees as changes rather than planning for the From most accounts we have accom- they once did under defined benefit future in a coherent and strategic man- plished these two goals. There is no plans. Instead they make defined con- ner. In my view, this is an extremely question that ERISA has flaws that tribution plans available and then edu- serious problem as it limits our ability must be addressed—and I will discuss cate employees as to how to save for to create the conditions necessary for these in detail later—but for all these themselves. national economic growth and indi- flaws ERISA was extremely significant The problem is that the retirement vidual economic welfare. in that it reaffirmed the government’s security of a great many workers now As many of my colleagues know, the commitment to the importance of re- lies in their ability to contribute indi- notion of a Pension Commission has tirement plans for all Americans. Fur- vidually to these plans, and this is not been discussed and debated for a num- thermore, it created a comprehensive always possible. Indeed, data suggests ber of years, but we have never placed framework in this country under which that if these individuals are able to it high enough on our list of priorities the expansion of private retirement save adequately at all, they do so late to address it with purpose. I would plans could occur. Equally important, in their careers—this after paying for argue that we can no longer afford the the mechanisms it established for per- their homes, their childrens’ education, luxury of contemplation, and the time sonal saving has added trillions of dol- and other important spending prior- to act is now. Failure to adjust our ex- lars in available investment capital ities. Only then do they have the op- isting policies to meet the challenges over the last decade alone, fueling in a portunity to accumulate the money we face both now and in the future will very tangible way the unprecedented needed to supplement Social Security result in several specific outcomes. economic growth that we are seeing and carry them through retirement. First, it will mean that many work- right now. But these are the lucky ones. The fact ers will see their retirement expecta- But for all the praise ERISA receives, is a large portion of Americans simply tions fade or disappear. Second, it will it is also criticized widely and, in my no longer have the capacity to save, likely mean that these individuals will opinion, correctly on a number of this in spite of living in a time of eco- be forced to rely on government spon- counts. For this reason, it is time to nomic prosperity. This too needs to be sored programs that are themselves fi- seriously re-evaluate whether it is ad- changed. nancially overextended. Finally, it will dressing the needs and concerns of all There is a third reason to re-evaluate mean that the capacity of U.S. firms to Americans. It is time to examine ERISA, and that is that the dynamics compete in the global marketplace will whether it fits the demands of a chang- of the New Economy demand a discus- be diminished. In my view, none of ing, global, ‘‘new’’ economy. sion of what retirement policies best these outcomes are acceptable. We sim- As a specific example of these prob- serve the economic interests of the ply must become more thoughtful and lems, the adoption of piecemeal, nar- United States. For a good part of this pro-active. row, and complicated statutes and reg- century, private pension plans were The bill I introduce today has a num- ulations in the 26 years since ERISA’s seen by employers as a way to keep ber of purposes, but foremost among implementation has made substantial their workforce intact, their employ- them is to establish an affordable, ac- portions of our retirement system inef- ees’ morale high, and devotion to the cessible, equitable, efficient, cost-effec- ficient, expensive, and oftentimes in- company constant. Employees stayed tive, and easy to understand private comprehensible to anyone wishing to with companies because they identified pension plan system in the United use it. It is well-known that we con- with the company and were treated by States. It is designed to conduct a com- tinue to add provisions and plans with employers as family. Continuity and plete top-to-bottom evaluation of the no effort at all to make them inter- connection were the primary motiva- current system and provide concrete nally compatible. We may have a broad tions for individuals as they considered recommendations as to how we can re- vision about what we want to do with a job. form it to serve the interests of em- retirement policy in this country, but Recently, however, this rationale has ployers, employees, and the entire na- we instead of revising retirement pol- changed, and has done so significantly. tion as a whole. icy in a comprehensive and strategic According to most analysts, the main This Commission will be composed of manner, we simply add new ideas and determinant for most employees as fifteen members, all with significant language incrementally, hoping they they choose a job is personal develop- experience in areas related to retire- will appeal to businesses who wish to ment and professional growth, the feel- ment income policy. It is mandated offer them to their employees. ing being that economic security is that the activities of the Commission

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7658 CONGRESSIONAL RECORD — SENATE July 26, 2000 will be concluded in a little over two There being no objection, the mate- consequently, have their retirement expecta- years, with specific language to be pro- rial was ordered to be printed in the tions minimized or eliminated. vided to Congress so that we can act on RECORD, as follows: (12) The failure of the Government to re- their recommendations immediately. dress the burdens imposed by over-regulation S. 2922 and complexity on employer-sponsored pen- To ensure that the activities of the Be it enacted by the Senate and House of Rep- sion plans will harm employees and their Commission are not redundant or oth- resentatives of the United States of America in families. erwise wasteful, it will be allowed to Congress assembled, (13) The failure of the Government to re- secure data from any government agen- SECTION 1. SHORT TITLE. dress the problems related to private pension cy or department dealing with retire- This Act may be cited as the ‘‘Pension Re- plans may erode the ability of United States ment policy, and furthermore, may re- form and Simplification Commission Act’’. companies to compete effectively in the quest detailees from these agencies and SEC. 2. FINDINGS. international market and result in a de- departments on a non-reimburseable Congress makes the following findings: crease in the economic health of the Nation. basis. The Commission will also be al- (1) The creation and implementation of an SEC. 3. ESTABLISHMENT OF COMMISSION. lowed to hold hearings, take testi- affordable, accessible, equitable, efficient, cost-effective, and easy to understand sys- There is established a commission to be mony, and receive evidence as appro- tem is essential to the continuity and viabil- known as the Pension Reform and Sim- priate from individuals who are able to ity of the current private pension plan sys- plification Commission (in this Act referred contribute to this reform effort. tem in the United States. to as the ‘‘Commission’’). This bill has been created after de- (2) There is a near universal recognition in SEC. 4. DUTIES. tailed discussions with a number of in- the United States that the laws that regu- late our pension system have become un- (a) IN GENERAL.—The Commission shall— dividuals and organizations interested (1) study the strengths, weaknesses, and in retirement policy, from the Em- wieldy, complex, and burdensome, a condi- tion that hinders the achievement of in- challenges involved in the regulation of the ployee Benefits Research Institute, to creased saving and economic growth and current private pension system; the Center for Budget and Policy Prior- cannot be fixed by ad hoc improvements to (2) review and assess Federal statutes re- ities, to the Association of Private ERISA and the Internal Revenue Code of lating to the regulation of the current pri- Pension and Welfare Plans. Although 1986. vate pension system; and all of the organizations involved have (3) Significant and effective improvement (3) recommend changes in the law regard- ing the regulation of the current private pen- their own perspective on how retire- of laws can only be accomplished through a coordinated, comprehensive, and sustained sion system to mitigate the problems identi- ment policy issues should be addressed fied under subsection (b), with the goal of in the United States, I have made a effort to revise and simplify current laws by a high-level body of pension experts, whose making the system more affordable, acces- concerted effort to make their con- recommendations are then transmitted to sible, efficient, less costly, less complex, and, cerns compatible in this legislation. Congress. in general, to expand pension coverage. Significantly, all endorse the goals of (4) In recent years, the adoption of nar- (b) ISSUES TO BE STUDIED.—The Commis- the bill, as does the American Academy rowly focused and increasingly complex stat- sion shall include in the study under sub- of Actuaries, the Executive Committee utes through amendment of the Employee section (a) a consideration of— of the New York State Bar Association, Retirement Income Security Act of 1974 (in (1) the manner in which the current rules and the Chairman of the Special Com- this Act referred to as ‘‘ERISA’’) and the In- impact private pension coverage, how such mission on Pension Simplification of ternal Revenue Code of 1986 has impeded the coverage has changed over the last 25 years efforts of employers and employees to save (since the enactment of ERISA), and reasons the New York State Bar Association, for their retirement and imposed significant for such change; Mr. Alvin D. Lurie. challenges for businesses which consider es- (2) the primary burdens placed on small Mr. President, although there is tablishing pension plans for their workforce. and medium business in the United States much to recommend concerning our (5) A high national savings rate can con- regarding administration of pension plans, current pension system, it is common tribute significantly to the economic secu- especially how such burdens affect the ten- knowledge that this system is, in many rity of the Nation as it adds to available in- uous position occupied by these organiza- instances, too complicated for partici- vestment capital, fuels economic growth, tions in the competitive market; and enhances productivity, competitiveness, (3) the simplification of existing pension pants to understand, too difficult for and prosperity. rules in order to eliminate undue costs on businesses to use, and too inaccessible (6) The Federal Government can poten- employers while providing retirement secu- for individuals to join. We have added tially increase the national savings rate rity protection to employees; layer upon layer of legislation, to the through the implementation of policies that (4) the primary obstacles to employees in point that the system is not only un- create an effective framework for the spread gaining optimum advantages from the cur- wieldy, but often of questionable pur- of voluntary retirement plans and the pro- rent pension system, with particular atten- pose. We have reached the point that tection of the private assets held in those tion to the small and medium business sec- its complexity and inaccessibility is plans. tor and low and moderate income employees, (7) Private pension plans have been, and including minorities and women; having a tangible impact on individ- remain, the single largest repository of pri- (5) the feasibility of providing innovative uals and businesses alike. vate capital in the world and potentially act design options to enable small and medium In my view, the status quo is no as a significant inducement for personal sav- businesses to be relieved of complex and longer viable or acceptable. It is time ing and investment. costly legislative and regulatory burdens in to meet the challenge that faces us in (8) Pensions represent the only hope that matters of adoption, operation, administra- a direct and strategic fashion. It is most working Americans have an adequate tion, and reporting of pension plans, in order time to reform and simplify the system supplement to social security benefits, and to increase affordable and effective coverage while the private pension system has been in that sector, for low and moderate income so that we have a effective mechanism greatly improved since the establishment of employees, with emphasis on minorities and that serves employers and employees ERISA, many inequities remain, and many women; alike and provides the means to guar- workers are still not covered by the system. (6) the means of leveling distribution of antee all Americans income security in (9) It is essential that all Americans, no private pension plan coverage between high their retirement years. matter what their income security level, wage earners and low and moderate income Mr. President, the time to act is now. have the opportunity to achieve income se- workers; I ask my colleagues to recognize the curity in their retirement years. Currently, (7) the feasibility of forward-looking re- many tax and retirement incentives for pri- forms that anticipate the needs of small and importance of this legislation, and lend vate pension plans, while benefiting higher medium businesses in the United States their support for its passage. income employees who can often save ade- given the obstacles and opportunities of the Mr. President, I ask unanimous con- quately for their retirement, do not serve new global economy, in particular issues re- sent that a copy of the bill be included sufficiently the needs of low and moderate lated to the mobility and retention of skilled in the RECORD at the conclusion of my income workers. workers; statement. I also ask that the letters (10) The current pensions rules have tended (8) how pension plan benefits can be made of support from the American Academy to produce disparate coverage rates for low more portable; and moderate income workers. (9) the means of achieving the expansion of Actuaries and the Association of (11) The failure of the Government to mod- and adoption of pension plans by United Private Pension and Welfare Plans be ify current pension policies will mean that States businesses, especially those employ- included in the RECORD immediately many workers will be deprived of the options ing low and moderate income workers who following my floor statement. needed to save for their retirement and will, currently lack access to such plans;

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(10) the impact of expanding individual re- (b) QUALIFICATIONS OF MEMBERS.— (B) COORDINATION OF RESEARCH INFORMA- tirement account contribution limits and in- (1) IN GENERAL.—Individuals appointed TION.—The Commission shall ensure effective come limits on private pension plan cov- under subsection (a)(2) shall be individuals use of such materials, resources, data, and erage; who— other information and avoid duplicative re- (11) the provision of innovative incentives (A) have experience in actuarial dis- search by coordinating and consulting with that encourage more employers to use exist- ciplines, law, economics, public policy, the head of the appropriate research depart- ing private pension plans; human relations, business, manufacturing, ment of— (12) the impact of qualified plan contribu- labor, multiemployer pension plan adminis- (i) the Pension and Welfare Benefits Ad- tion and benefit limits on coverage; and tration, single employer pension plan admin- ministration of the Department of Labor; (13) any proposals for major simplification istration, or academia, or have other distinc- (ii) the Department of the Treasury; of Federal legislation and regulation regard- tive and pertinent qualifications or experi- (iii) the Social Security Administration; ing qualified pension plans, in order to ad- ence in retirement policy; (iv) the Small Business Administration; dress and mitigate problem areas identified (B) are not officers or employees of the (v) the Pension Benefit Guaranty Corpora- under this subsection, with the goal of— United States; and tion; (A) strengthening the private pension sys- (C) are selected without regard to political (vi) the National Institute on Aging; and tem; affiliation or past partisan activity. (vii) private organizations which have con- (B) expanding the availability, adoption, (2) OTHER CONSIDERATIONS.—In the appoint- ducted research in the pension area. and retention of tax-favored savings plans by ment of members under subsection (a), every (2) MAILS.—The Commission may use the all Americans; effort shall be made to ensure that the indi- United States mails in the same manner and (C) eliminating rules that burden the pen- viduals, as a group— under the same conditions as any other Fed- sion system beyond the benefits they pro- (A) are representatives of a broad cross- eral agency. vide, for low and moderate income workers, section of perspectives on private pension (3) ACCEPTANCE OF SERVICES; GIFTS; AND including minorities and women, with spe- plans within the United States; GRANTS.—The Commission may accept, use, cific emphasis on— (B) have the capacity to provide signifi- and dispose of gifts or grants of services or (i) eligibility and coverage; cant analytical insight into existing obsta- property, both real and personal, for pur- (ii) contributions and benefits; cles and opportunities of private pension poses of aiding or facilitating the work of (iii) minimum distributions, withdrawals, plans; and the Commission. Gifts or grants not used at and loans; (C) represent all of the areas of experience the expiration of the Commission shall be re- (iv) spousal and beneficiary benefits; under paragraph (1)(A). turned to the donor or grantor. (v) portability between plans; (c) TERMS; VACANCIES.— (4) CONTRACT AND PROCUREMENT AUTHOR- (vi) asset recapture; (1) TERMS.—Each member shall be ap- ITY.—The Commission may make purchases, (vii) plan compliance and termination; pointed for the life of the Commission. and may contract with and compensate gov- (viii) income and excise taxation; and (2) VACANCIES.—Any vacancy in the Com- ernment and private agencies or persons for (ix) reporting, disclosure, and penalties; mission shall not affect its powers and shall property or services, without regard to— and be filled in the same manner as the appoint- (A) section 3709 of the Revised Statutes (41 (D) identification of the trade-offs involved ment of the member causing the vacancy. U.S.C. 5); and in simplification under subparagraph (C). (B) title III of the Federal Property and (c) REPORT.— (d) CHAIRPERSON; VICE CHAIRPERSON.—Not Administrative Services Act of 1949 (41 (1) IN GENERAL.—Not later than 24 months later than 60 days after the date of enact- after the designation of the chairperson ment of this Act, the President shall des- U.S.C. 251 et seq.). under section 5(d), the Commission shall ignate a chairperson and vice chairperson of (5) VOLUNTEER SERVICES.—Notwithstanding transmit to the President and Congress a re- the Commission from the individuals ap- section 1342 of title 31, United States Code, port containing— pointed under subsection (a)(2). the Commission may accept and use vol- (A) the issues studied under subsection (b); (e) COMPENSATION.— untary and uncompensated services as the (B) the results of such study; (1) PROHIBITION OF PAY.—Except as pro- Commission determines necessary. (C) draft legislation and commentary vided in subparagraph (B), members of the SEC. 6. STAFF AND SUPPORT SERVICES. under paragraph (2); and Commission shall serve without pay. (a) EXECUTIVE DIRECTOR; STAFF.— (D) any other recommendations based on (2) TRAVEL EXPENSES.—Each member of the (1) IN GENERAL.—The chairperson of the such study. Commission may receive travel expenses, in- Commission may, without regard to civil (2) LEGISLATIVE RECOMMENDATIONS.—The cluding per diem in lieu of subsistence, in ac- service laws and regulations and after con- Commission shall develop draft legislation cordance with sections 5702 and 5703 of title sultation with the Commission, appoint an and associated explanations and com- 5, United States Code, while away from their executive director of the Commission and mentary to achieve major simplification of homes or regular place of business in the per- such other additional personnel as may be Federal legislation regarding regulation of formance of services for the Commission. necessary to enable the Commission to per- pension plans (including ERISA and the In- (f) RULES OF THE COMMISSION.— form its duties. ternal Revenue Code of 1986) to implement (1) QUORUM.—Eight members of the Com- (2) COMPENSATION.—The chairperson of the any findings or recommendations of the mission shall constitute a quorum for con- Commission may fix the compensation of the study conducted under subsection (b). ducting the business of the Commission, ex- executive director and other personnel with- (3) RECOMMENDATIONS.—Any official find- cept 5 members of the Commission may hold out regard to the provisions of chapter 51 and ings or recommendations of the Commission hearings, take testimony, or receive evi- subchapter III of chapter 53 of title 5, United shall be adopted by 2⁄3 of the members of the dence. States Code, relating to classification of po- Commission. (2) NOTICE.—Any meetings held by the sitions and General Schedule pay rates, ex- (4) MINORITY VIEWS.—All findings and rec- Commission shall be duly noticed in the Fed- cept that the rate of pay for the executive di- ommendations of the Commission formally eral Register at least 14 days prior to such rector and other personnel may not exceed proposed by any member of the Commission meeting and shall be open to the public. the rate payable for level IV of the Executive and not adopted under paragraph (3) shall (3) OPPORTUNITIES TO TESTIFY.—The Com- Schedule under section 5315 of such title. also be included in the report. mission shall provide opportunities for rep- SEC. 5. MEMBERSHIP OF THE COMMISSION; resentatives of the general public, taxpayer (b) STAFF OF FEDERAL AGENCIES.—Upon re- RULES; POWERS. groups, consumer groups, think tanks, and quest by the chairperson of the Commission, (a) COMPOSITION.— State and local government officials to tes- the head of any Federal department or agen- (1) NUMBER.—The Commission shall be tify. cy may detail, on a nonreimbursable basis, composed of 15 members, appointed not later (4) MEETINGS.—The Commission shall meet any of the personnel of the department or than 45 days after the date of enactment of at the call of the chairperson of the Commis- agency to the Commission to assist the Com- this Act. sion. mission to carry out its duties under this (2) APPOINTMENTS.—The membership of the (5) OTHER RULES.—The Commission shall Act and such detail shall be without inter- Commission shall be as follows: adopt such other rules as necessary. ruption or loss of civil service status or (A) 3 individuals appointed by the Presi- (g) POWERS OF THE COMMISSION.— privilege. dent, after consultation with the Secretary (1) INFORMATION FROM FEDERAL AGENCIES.— (c) ADMINISTRATIVE SUPPORT SERVICES.— of Labor and the Secretary of the Treasury, (A) IN GENERAL.—The Commission may se- The Administrator of General Services shall or their respective designees. cure directly from any Federal department provide to the Commission, on a reimburs- (B) 3 individuals appointed by the majority or agency such materials, resources, data, able basis, any administrative support serv- leader of the Senate. and other information as the Commission ices that are necessary to enable the Com- (C) 3 individuals appointed by the minority considers necessary to carry out the provi- mission to carry out this Act. leader of the Senate. sions of this section. Upon request of the (D) 3 individuals appointed by the Speaker chairperson of the Commission, the head of SEC. 7. TERMINATION. of the House of Representatives. such department or agency shall furnish The Commission shall terminate not later (E) 3 individuals appointed by the minority such materials, resources, data, and other in- than 26 months after the date of enactment leader of the House of Representatives. formation to the Commission. of this Act.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7660 CONGRESSIONAL RECORD — SENATE July 26, 2000 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ables millions of working Americans to ing—and most preventable—cause of There are authorized to be appropriated achieve financial security in retirement. death in America today. such sums as may be necessary to carry out As you know, the employer-based retire- Three years ago, we worked together the provisions of this Act. ment system provides an important source of income security for many Americans in re- to create CHIP, the federal-state Chil- AMERICAN ACADEMY OF ACTUARIES, tirement, and, in many respects, has been dren’s Health Insurance Program, July 13, 2000. successful in meeting the challenges of an which provides coverage to children in Hon. JEFF BINGAMAN, aging population. However, we recognize families with incomes too high for U.S. Senate, Washington, DC. that public policy can build and expand on Medicaid and too low to afford private DEAR SENATOR BINGAMAN: The American this success. Many employers, particularly health insurance. Academy of Actuaries would like to express small companies, find it difficult to establish More than two million children have its strong support for your idea of estab- retirement plans because of cost and admin- been enrolled in that program, and mil- lishing a national commission on pension re- istrative complexity. As a result, many form and simplification. The Academy has workers do not have access to private pen- lions more have signed up for Medicaid long advocated a comprehensive and coordi- sions and cannot save adequately for retire- as a result of outreach activities. Soon, nated approach to retirement policy. We be- ment. Moreover, our pension laws have not more than three-quarters of all unin- lieve the establishment of a bipartisan com- kept pace with the rapid developments in the sured children in the nation will be eli- mission of experts to analyze obstacles that business world. New technologies, inter- gible for assistance through either weaken our private pension system and rec- national competition, and many types of cor- CHIP or Medicaid. ommend solutions is a positive first step. porate transactions pose unique pension But, despite this progress, the par- The Academy also believes that slight modi- challenges that should be better accommo- fications to your proposal would make the dated by our nation’s retirement policy. ents of these children, and too many commission more effective. APPWP has consistently campaigned for ex- others, have been left behind. The time The Academy commends you for recog- pansion and reform of the nation’s pension has come to take the next step. nizing that, because the laws that regulate laws with the express goals of expanding cov- The overwhelming majority of unin- our private pension system have become too erage, increasing portability, reducing com- sured low-wage parents are struggling complex, they discourage employers from plexity, and reflecting business realities. We to support their families. I will ask helping their workers save for an adequate are therefore pleased that you have made unanimous consent to insert a state- retirement. We strongly support the concept these goals the central objective of the com- ment in the RECORD from Patricia of a bipartisan commission of experts that mission you propose. will recommend specific ways to simplify the In particular, APPWP commends you for Quezada, a parent of three lovely girls, rules governing private plans, thereby en- putting the focus of pension reform on ex- who would benefit from this legisla- couraging employers to expand coverage to panding coverage. You correctly note that tion. more workers. our retirement system has become overly Parents who work hard, 40 hours a The Academy believes that the commis- burdened with unwieldy and complex rules week, 52 weeks a year, should be eligi- sion called for in your proposal could be that have impeded expanded coverage and in- ble for assistance to buy the health in- made more effective if Congress was required creased retirement security for all Ameri- surance they need in order to protect to have an up-or-down vote on its rec- cans. Your advocacy on behalf of the goals of ommendations. Furthermore, we believe coverage and simplification is an important their families. Our message to them that, given the expertise available to the step towards realizing a more secure retire- today is that help is on the way. commission, it should be possible to formu- ment for all Americans. Often, they work for companies late a result in 12–18 months, rather than the We look forward to working with you on which don’t offer insurance, or they 24 months specified in your legislation. Fi- these important issues. If we can be of fur- aren’t eligible for insurance that is of- nally, we would encourage the commission ther assistance, please do not hesitate to fered. Fewer than a quarter of the jobs to examine pension changes in the context of contact us. taken by those who have been forced Sincerely, a national retirement income policy, includ- off the welfare rolls by welfare reform JAMES A. KLEIN, ing Social Security, since major changes to offer insurance as a benefit—and even the private pension system undoubtedly will President. affect Social Security. when it is offered too few companies The Academy believes that creation of a By Mr. KENNEDY (for himself, make it available for dependents. The national commission will be a positive first Mr. ROCKEFELLER, Mr. time has come to take the next step. step toward our mutual goal of increasing DASCHLE, Mr. MOYNIHAN, Mr. L. The Family Care Act of 2000 will pro- pension coverage for Americans. We appre- CHAFEE, Ms. COLLINS, Ms. vide with the resources, incentives and ciate your recognition of the unique role SNOWE, Mr. BAUCUS, Mr. authority to extend Medicaid and CHIP that actuaries should play in such a commis- BREAUX, Mr. CONRAD, Mr. GRA- to the parents of children covered sion and look forward to providing any as- sistance that may be of benefit to you and HAM, Mr. BRYAN, Mr. KERREY, under those programs. your staff. Mr. ROBB, Mr. INOUYE, Mr. LAU- Coverage for parents also means bet- Sincerely, TENBERG, Mr. AKAKA, Mr. SCHU- ter coverage for children. Parents are JAMES E. TURPIN, MER, and Mr. LEAHY): much more likely to enroll their chil- Vice President, Pensions. S. 2923. A bill to amend title XIX and dren in health insurance, if the parents XXI of the Social Security Act to pro- themselves can have coverage, too. APPWP, ASSOCIATION OF PRIVATE vide for FamilyCare coverage for par- This step alone will give to six and a PENSION AND WELFARE PLANS, ents of enrolled children, and for other half million Americans the coverage July 18, 2000. Pension Reform and Simplification Commis- purposes; to the Committee on Fi- they need and deserve. sion Act nance. The Family Care Act will also im- Senator JEFF BINGAMAN, THE FAMILY CARE ACT OF 2000 prove the outreach and enrollment for U.S. Senate, Washington, DC. Mr. KENNEDY. Mr. President, I am CHIP and Medicaid, and encourage DEAR SENATOR BINGAMAN: On behalf of the pleased to announce the introduction states to extend coverage to other vul- Association of Private Pension and Welfare of the Family Care Act of 2000, which nerable population, such as pregnant Plans (APPWP—The Benefits Association), I takes the next logical step in assuring women, legal immigrants, and children want to express our appreciation for your in- ages 19 and 20. terest in, and support for, our nation’s vol- access by as many citizens as possible untary, employer-sponsored retirement sys- to affordable health insurance. I com- This program is affordable under cur- tem as evidenced by the Pension Reform and mend Congressman JOHN DINGELL and rent and projected budget surpluses. Simplification Commission Act that you will the rest of our colleagues for their fine The Congressional Budget Office esti- soon introduce. APPWP is a public policy or- work in crafting this legislation. mates that the cost will be $11 billion ganization representing principally Fortune The number of uninsured Americans over the next five years. 500 companies and other organizations that is now more than 44 million, and the Last Monday, a majority of the Sen- assist companies of all sizes in providing figure is rising by an average of one ate voted in favor of this proposal as an benefits to employees. Collectively, million a year. America is the only in- amendment to the marriage penalty APPWP’s members either sponsor directly or bill. We needed 60 votes, so it was not provide services to retirement and health dustrial country in the world, except plans that cover more than 100 million South Africa, that fails to guarantee successful then, but we clearly have a Americans. We appreciate your past and con- health care for all it citizens. bipartisan majority of the Senate. tinuing efforts to expand the private, vol- It is a national scandal that lack of The bottom line is that we have the untary retirement system that currently en- insurance coverage is the seventh lead- resources to take this needed step, and

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7661 end the suffering and uncertainty that dren’s hospitals nationwide, I want to ex- for low-income pregnant women has bipar- accompanies being uninsured. press our strong support for your introduc- tisan support in both the House and Senate. Mr. President, I ask unanimous con- tion of the ‘‘FamilyCare Act of 2000.’’ The March of Dimes also supports As providers of care to all children, regard- FamilyCare provisions to require automatic sent that statements and letters of less of their economic status, children’s hos- enrollment of children born to SCHIP par- support for this legislation be printed pitals devote nearly half of their patient care ents; automatic screening of every child who in the RECORD. to children who rely on Medicaid or are unin- loses coverage under Medicaid or SCHIP to There being no objection, the mate- sured, and more than three-fourths of their determine eligibility for other health pro- rial was ordered to be printed in the patient-care to children with chronic and grams; and distribution of information on RECORD, as follows: congenital conditions. These hospitals have the availability of Medicaid and SCHIP extensive experience in assisting families to through the school lunch program. The STATEMENT OF PATRICIA QUEZADA, JULY 21, 2000 enroll eligible children in Medicaid and March of Dimes also supports giving states Good morning. I am Patricia Quezada. I am SCHIP. They are keenly aware of the impor- the option to provide Medicaid and SCHIP a mother of three girls (ages 9, 8 and 5). I tance of addressing the challenges that benefits to children and pregnant women work as a part-time parent liaison at states face in enrolling this often hard to who arrived legally to the United States Weyanoke Elementary School in Fairfax, reach population of eligible children. after August 23, 1996, and to people ages 19 Virginia. My husband is a self-employed gen- In particular, N.A.C.H. appreciates and and 20. eral contractor. Because my husband is self- strongly supports your efforts to simplify We thank you for your leadership in intro- employed and I work part-time, our family and coordinate the application process for ducing the ‘‘FamilyCare Act of 2000’’ and are does not have access to health insurance SCHIP and Medicaid, as well as to provide eager to work with you to achieve approval through our jobs. new tools for states to use in identifying and of this much needed legislation. In the past, we were able to purchase pri- enrolling families. In addition, N.A.C.H. ap- Sincerely, vate insurance that covered our family. But, plauds your provisions that set a higher bar ANNA ELEANOR ROOSEVELT, in recent times, our family has been unable for covering children by: (1) requiring states Vice Chair, Board of to afford the high rates because it came to first cover children up to 200% of poverty Trustees; Chair, down to either paying for our home, trans- and eliminating waiting lists in the SCHIP Public Affairs Com- portation and other necessities—including program before covering parents; and (2) re- mittee. food—or purchasing this costly insurance. quiring every child who loses coverage under DR. JENNIFER L. HOWSE, On two occasions, the coverage was cancelled Medicaid or SCHIP to be automatically Presdient. because we were unable to meet the pay- screened for other avenues of eligibility and ments, which were required in advance. if found eligible, enrolled immediately in ASSOCIATION OF MATERNAL AND It was such a relief that my children are that program. CHILD HEALTH PROGRAMS, now able to receive coverage through Med- N.A.C.H. also supports your legislation’s Washington, DC, July 20, 2000. icaid and CMSIP, Virginia’s SCHIP Program. provision to give states additional flexibility Hon. EDWARD KENNEDY, (As a parent-liaison, part of my job has been under SCHIP and Medicaid to cover legal im- U.S. Senate, Washington, DC. to help other families sign up their children migrant children. In states with high propor- DEAR SENATOR KENNEDY: On behalf of the for health insurance.) I feel extremely fortu- tions of uninsured children, such as Cali- Association of Maternal and Child Health nate that my children are now covered in fornia, Texas and Florida, the federal gov- Programs (AMCHP), I am writing to express case of an illness or accident, however I con- ernment’s bar on coverage of legal immi- our support of the FamilyCare Act of 2000. tinue to fear what could happen if my hus- grant children helps contribute to the fact We are particularly supportive of the provi- band or I fall sick or have an injury. While that Hispanic children represent the highest sions that allow states to include pregnant we both do our best to take care of our rate of uninsured children of all major racial women in their SCHIP and Medicaid pro- health, we know how important it is to have and ethnic minority groups. Your provision grams. We are also pleased with the provisions health insurance coverage if we should need to ensure coverage of legal immigrant chil- giving states the flexibility to expand out- it. dren would be extremely useful in improving reach activities as well as moving towards Thank you. this situation. greater equity in program payments. N.A.C.H. greatly appreciates all that you AMCHP represents state officials in 59 CHILDREN’S DEFENSE FUND, have done throughout your years of service, Washington, DC, July 21, 2000. states and territories who administer public and continue to do, to provide all children health programs aimed at improving the Hon. EDWARD M. KENNEDY, with the best possible chance at starting out health of all women, children, and adoles- U.S. Senate, Washington, DC. and staying healthy. We welcome and look cents. In 1997, over 22 million women, chil- DEAR SENATOR KENNEDY: We are taking forward to working with you to pass the dren, adolescents and children with special this opportunity to thank you for intro- ‘‘FamilyCare Act of 2000.’’ ducing the FamilyCare Act of 2000 and to ex- health care needs received services, which Sincerely, were supported by the Maternal and Child press the strong support of the Children’s LAWRENCE A. MCANDREWS. Health Block Grant. Defense Fund for this bipartisan initiative to We look forward to working with you and provide and strengthen health care coverage MARCH OF DIMES, your staff on this bill. for uninsured children and their parents. BIRTH DEFECTS FOUNDATION, Sincerely, Building on the successes of Medicaid and Washington, DC, July 21, 2000. DEBORAH DIETRICH, the Children’s Health Insurance Program Hon. EDWARD KENNEDY, Director of Legislative Affairs. (CHIP), this legislation will increase cov- U.S. Senate, Washington, DC. erage for uninsured children, provide funding DEAR SENATOR KENNEDY: On behalf of more AMERICAN DENTAL for health insurance coverage for the unin- than 3 million volunteers and 1600 staff mem- HYGIENIST ASSOCIATION, sured parents of Medicaid and CHIP-eligible bers of the March of Dimes, I want to com- Washington, DC, July 24, 2000. children, and simplify the enrollment proc- mend you for introducing the ‘‘FamilyCare Hon. EDWARD M. KENNEDY, ess for Medicaid and CHIP to make the pro- Act of 2000.’’ The March of Dimes is com- Hon. JAY ROCKEFELLER, grams more family friendly. mitted to increasing access to appropriate U.S. Senate, Washington, DC. We want to extent our appreciation to Sen- and affordable health care for women, in- DEAR SENATORS KENNEDY AND ROCKE- ators Chafee, Collins, Daschle, Lautenberg, fants and children and supports the targeted FELLER: on behalf of the American Dental Rockefeller, and Snowe for co-sponsoring approach to expanding the State Children’s Hygienists’ Association (ADHA), I write to this legislation in the Senate and to Rep- Health Insurance Program contained in the express ADHA’s support for the principles es- resentatives Dingell, Stark, and Waxman for FamilyCare proposal. poused in the Family Care Act of 2000. This taking the lead on this proposal in the The ‘‘FamilyCare Act of 2000’’ contains a legislation is an important step toward the House. We look forward to working with you number of beneficial provisions that would goal of meaningful health insurance cov- for passage of the FamilyCare Act of 2000. expand and improve SCHIP. The March of erage, including oral health insurance cov- Sincerely, Dimes strongly supports giving states the erage, for all children and their parents. GREGG HAIFLEY, option to cover low-income pregnant women Regretfully, there is room for much im- Deputy Director Health Division. in Medicaid and SCHIP programs with an en- provement in our children’s oral health, a hanced matching rate. We understand that fundamental part of total health. Studies NATIONAL ASSOCIATION OF FamilyCare would allow states to cover un- show that oral disease currently afflicts the CHILDREN’S HOSPITALS, insured parents of children enrolled in Med- majority of children in our country. Dental Alexandria, VA, July 21, 2000. icaid and SCHIP as well as uninsured first- caries (tooth decay), gingivitis, and Hon. EDWARD KENNEDY, time pregnant women. SCHIP is the only periodontitis (gum and bone disorders) are U.S. Senate, major federally-funded program that denies the most common oral diseases. The Public Washington, DC. coverage to pregnant women while providing Health Service reports that 50% of all chil- DEAR SENATOR KENNEDY: On behalf of the coverage to their infants and children. We dren in the United States experience dental National Association of Children’s Hospital know prenatal care improves birth out- caries in their permanent teeth and two- (N.A.C.H.), which represents over 100 chil- comes. Expanding health insurance coverage thirds experience gingivitis.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7662 CONGRESSIONAL RECORD — SENATE July 26, 2000 The percentages of children with dental provides grants to support broader outreach lation that embraces, as one option to ad- disease are likely far higher for the tradi- activities and employer subsidies to offer dress the problems of the uninsured, building tionally underserved Medicaid-eligible popu- health insurance packages, thereby encour- on existing public programs to expand cov- lation and for those eligible for the State aging joint public/private market innova- erage to the parents of the children covered Children’s Health Insurance Program tions to reduce the population of uninsured. by S–CHIP. (SCHIP). For example, one of the most se- Stifling the growth in the rate of unin- Furthermore, your provisions that include vere forms of gum disease—localized juvenile sured and reversing the trend remain a top coverage for legal immigrants, improve Med- periodontitis—disproportionately affects priority for the hospital community. Secur- icaid coverage for those transitioning from teenage African-American males and can re- ing the appropriate preventative care for welfare-to-work, and create state grant pro- sult in the loss of all teeth before adulthood. these individuals will improve the quality grams to encourage market innovation in If untreated, gum disease causes pain, bleed- and cost-effectiveness of further care, as the health care insurance are to be applauded. ing, loss of function, diminished appearance, uninsured are more likely to be hospitalized AHA believes these are good first steps to- possible systemic infections, bone deteriora- for medical conditions that, initially, could ward lowering the numbers of the uninsured. tion and eventual loss of teeth. Yet, each of have been managed with physician care and/ In addition to expanding public programs, the three most common oral health dis- or medication. AHA supports measures that make health orders—dental caries, gingivitis, and Thank you for taking the lead in address- care insurance more affordable for low-in- periodontitis—can be prevented through the ing the problem of America’s uninsured. We come working families. Toward that end, type of regular preventive care provided by look forward to working with you toward en- AHA also support H.R. 4113, bipartisan legis- dental hygienists. actment of this important legislation. lation establishing refundable tax credits to Despite the known benefits of preventive Sincerely, assist low-income families in the purchase of oral health services and the inclusion of oral KERB KUHN, health care insurance. health benefits in Medicaid’s Early and Peri- Vice President, Advocacy. Our nation’s hospitals see every day that odic Screening, Diagnosis and Treatment the absence of health coverage is a signifi- cant barrier to care, reducing the likelihood (EPSDT) program, only one in 5 (4.2 million FAMILIES USA, that people will get appropriate preventive, out of 21.2 million) Medicaid-eligible chil- Washington, DC, July 17, 2000. diagnostic and chronic care. With the unin- dren actually received preventive oral health Hon. EDWARD M. KENNEDY, sured growing in numbers, AHA supports services in 1993 according to a 1996 U.S. De- U.S. Senate, your effort to build on current public pro- partment of Health and Human Services re- Washington, DC. grams as an important option to make it port entitled Children’s Dental Services DEAR SENATOR KENNEDY: We congratulate possible for more low-income families to get Under Medicaid: Access and Utilization. you on the introduction of your bill, the The nation simply must improve access to Family Care Act of 2000, which gives states needed health care coverage. We thank you for your leadership and we look forward to oral health services and your legislation is the option to provide parents of children en- working with you on advancing the an important building block for all who care rolled in the Medicaid and CHIP programs FamilyCare Act of 2000. about our children’s oral health, a funda- with health insurance. We believe that your Sincerely, mental part of general health and well-being. bill is a crucial next step in addressing the We in the dental hygiene community look problem of our nation’s uninsured, and we RICK POLLACK, forward to working together toward our offer our unequivocal support. Executive Vice President. shared goal of health insurance coverage for By covering parents through CHIP, the all of our nation’s families. Please feel free Family Care Act could provide health insur- NETWORK, to call upon me or ADHA’s Washington ance to over four million previously unin- Washington, DC, July 2000. Counsel, Karen Sealander of McDermott, sured Americans. We believe this is a cost-ef- From NETWORK—A National Catholic So- Will & Emery (202–756–8024), at any time. fective and efficient way to provide quality cial Justice Lobby. Sincerely, healthcare to low- and moderate-income Re: The Family Care Act of 2000. STANLEY B. PECK, working families. Children of CHIP-enrolled HON. SENATOR TED KENNEDY: Since 1975, Executive Director. parents will be automatically enrolled at NETWORK: A National Catholic Social Jus- birth, but, equally importantly, research has tice Lobby has worked for universal access PREMIER INC., shown that children are more likely to have to affordable, quality health care. NET- Washington, DC, July 21, 2000. health coverage when their parents are in- WORK considers the constant increase in the Hon. EDWARD M. KENNEDY, sured. This means that the Family Care Act number of uninsured persons a national dis- U.S. Senate, could, in effect, cover many more Americans grace and a serious moral and ethical issue. Washington, D.C. than the estimated four million. Addition- Sadly, the political will to reform the na- DEAR SENATOR KENNEDY: On behalf of Pre- ally, the expansion of coverage to legal im- tion’s fragmented non-system of health care mier Inc., I am writing to applaud your in- migrant children and pregnant women ad- is seriously lacking in the current climate of troduction of the ‘‘FamilyCare Act of 2000’’ dresses the needs of two particularly vulner- commercialization and profit-making. and express our strong support. Premier is a able groups. Therefore, millions of American citizens are strategic alliance of leading not-for-profit Again, we applaud your ongoing leadership denied their human right to medical care. hospitals and health systems across the na- in tackling the problem of the uninsured, Given that as the context, NETWORK sup- tion. Premier provides group purchasing and and we support this important legislation. ports the efforts of those legislators who rec- other services for more than 1,800 hospitals Please let us know how we can help you to ognize that the anticipated federal surplus and healthcare facilities. enact this bill into law. should be utilized in part to rectify the seri- As reported by the Urban Institute in the Sincerely, ous flaws inherent in the present situation. July/August issue of Health Affairs, the pop- RONALD F. POLLACK, The Family Care Act of 2000 is one of those ulation of non-elderly uninsured grew by 4.2 Executive Director. efforts. NETWORK urges Congress to pass million between 1994 and 1998. This hike in the proposal. the rate of uninsured occurred among chil- AMERICAN HOSPITAL ASSOCIATION, The goal of the bill is to build on existing dren and adults. In the same period, Med- Washington, DC, July 21, 2000. legislation in order to enroll more uninsured icaid coverage fell from 10 to 8.4 percent, or Hon. EDWARD M. KENNEDY, children and their working parents in Med- about 3.1 million persons (1.9 million chil- Ranking Member, Committee on Health, Edu- icaid or CHIP. The bill requires that states dren and 1.2 million adults). Your legislation cation, Labor, and Pensions, U.S. Senate, first cover children up to 200% of poverty be- confronts and seeks to address these dis- Washington, D.C. fore they enroll parents. This will serve to turbing trends head on. DEAR SENATOR KENNEDY: The American increase coverage of previously eligible but The FamilyCare Act of 2000 not only ex- Hospital Association (AHA), which rep- uninsured children by eliminating the CHIP pands coverage to children—it also enables resents, 5,000 hospitals, health care systems, waiting lists. It is estimated that over 4 mil- states to provide health insurance to parents networks, and other providers of care, is lion previously uninsured children will be of children enrolled in CHIP and Medicaid. pleased to support the FamilyCare Act of enrolled. The bill creates new opportunities for states 2000. The AHA shares your goal of expanding The proposal targets $50 billion in new to cover immigrant children and pregnant access to health care coverage for the 44 mil- money to enable the states to enroll the par- women, and provides for the automatic cov- lion uninsured Americans. We believe the ents of children already covered by Medicaid erage of children born to CHIP-enrolled par- federal budget surplus offers a unique oppor- and CHIP. This would reduce the number of ents, thereby enhancing presumptive eligi- tunity to fund solutions to the health care uninsured parents by an estimated 6.5 mil- bility. problems of the uninsured. lion, one out of seven of the nation’s unin- This legislation provides for the mutual re- Recent Medicaid expansions and the cre- sured. Most of these uninsured families have inforcement of the Medicaid and CHIP pro- ation of the State Children’s Health Insur- at least one member who works. grams by integrating eligibility determina- ance Program (S–CHIP) have greatly im- In addition, the bill proposes another $100 tion and outreach efforts. A standard appli- proved access to health care coverage for million per year for five years to encourage cation form and simple enrollment process millions of children living in low-income the states to develop innovative approaches for both programs will raise the participa- families. But more needs to be done. AHA to expanding coverage, tailoring their solu- tion rate for both programs. Finally, the bill strongly supports the objective of your legis- tions to market needs. Much needed is the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7663 proposed extension of The Transitional Med- the cost of the recently-passed tax The Internet False Identification icaid Assistance program. Some of the re- breaks that affect only a small number Prevention Act of 2000 will strengthen quirements which jeopardize access to health of people. current law to prevent the distribution care by persons moving from welfare to low- Eight years ago, the fight for uni- of false identification documents over wage, non-benefit jobs will be removed. First versal health care had a surge of en- time pregnant women will receive prenatal the Internet and make it easier for care under the CHIP program and grants will ergy and there was a common purpose Federal officials to prosecute this enable states to develop innovative coverage among political leaders and the Amer- criminal activity. mechanisms. ican people. Unfortunately, little The high quality of the counterfeit All in all, the Family Care Act of 2000 as progress has been made since then. identification documents that can be drafted seeks to rectify to a marked degree While the number of uninsured has obtained via the Internet is simply as- the serious problem of lack of health care grown from 36 million in 1993 to 44 mil- tounding. With very little difficulty, coverage for the most vulnerable in our soci- lion in 1999, we have stood by as a na- my staff was able to use Internet mate- ety, low-wage working families and their tion and simply watched. Over the next children. rials to manufacture convincing IDs 3 years, about 30 percent of the popu- KATHY THORNTON RSM, that would allow me to pass as a mem- National Coordinator. lation, 81 million Americans, can ex- ber of our Armed Forces, as a reporter, CATHERINE PINKERTON, pect a gap in their health insurance as a student at Boston University, or CSJ Lobbyist. coverage lasting at least one month. It as a licensed driver in Florida, Michi- Mr. ROCKEFELLER. Mr. President, is practically inconceivable—and mor- gan, and Wyoming—to name just a few over the last several years health care ally wrong—that we are allowing this of the identities that I could assume, reform has dropped off our national to happen in such a strong economy, using these phony IDs. We found it was and Congressional agenda. We talk with an extremely competitive labor very easy to manufacture IDs that about it primarily to posture politi- market. were indistinguishable from the real cally, not because we are determined to It is time to end the failed experi- documents. actually succeed in extending cov- ment of trying to let the disease cure For example, using the Internet, my erage. Too often, the goal seems to be itself. We need to accomplish the goal staff created this counterfeit Con- to simply create a campaign issue and of comprehensive reform in any way we necticut driver’s license, which is vir- make voters believe we are working to can—even if it means continuing to tually identical to an authentic license solve the problem, when in reality no work on incremental changes, as long issued by the Connecticut Department as we always keep our target squarely progress is being made. of Motor Vehicles. Just like the real This year, we have seen a lot of talk- set on universal coverage. Connecticut license, this fake with my Today, we are giving Congress the ing on health care, but it’s clear that picture on it, includes a signature writ- opportunity to take a major step for- Congress’ priorities lie elsewhere. Just ten over the picture—which is supposed ward in accomplishing this goal. With this past week we passed a tax break to be a security feature. It includes an FamilyCare, we are simply taking a that will affect only 1.7 percent of adjacent ‘‘shadow picture,’’ and it in- program that is already working to re- Americans, yet will cost us $50 billion cludes the bar code and the State seal duce the number of uninsured, and ex- a year when fully phased in. In the for the State of Connecticut. panding it to cover more people who we Each of these sophisticated features meantime, 40 million people, mostly of know need the help. was added to the license by the State modest incomes, continue to live their This approach makes so much sense of Connecticut in order to make it lives with little hope of getting the that even the conservative Health In- health coverage they need. surance Association of America—the more difficult to counterfeit. Yet the The question that Congress needs to organization that helped to defeat uni- Internet scam artists have been able to answer: will we continue to sit back versal coverage—has offered its sup- keep up with the technology, and every and simply watch as the problem of the port. In addition, our bill has four Re- time a State adds another security fea- uninsured grows worse? publicans as original cosponsors. With ture it has been easily duplicated. Unfortunately, some web sites sell Along with Senator KENNEDY, and this bipartisan bill we have a real op- Congressmen DINGELL, STARK and WAX- portunity to stop talking about ex- fake IDs complete with State seals, MAN, I obviously have very clear an- panding health coverage, and start act- holograms, and bar codes to replicate a swers to this question. And today we ing. license virtually indistinguishable are offering a commonsense, bi-par- from the real thing. Thus, technology tisan step that Congress can take this By Ms. COLLINS (for herself, Mr. now allows web site operators to copy year to improve the plight of working, DURBIN, and Mrs. FEINSTEIN): authentic IDs with an extraordinary uninsured families. S. 2924. A bill to strengthen the en- level of sophistication and then dis- We know that the majority of those forcement of Federal statutes relating tribute and mass produce these fraudu- without health insurance are con- to false identification, and for other lent documents for their customers. centrated in lower-income, working purposes; to the Committee on the Ju- The web sites investigated by my families. The Medicaid and CHIP Fam- diciary. subcommittee offered a vast and varied ily Care Improvement Act would target THE INTERNET FALSE IDENTIFICATION product line, ranging from the driver’s our efforts to these families by allow- PREVENTION ACT OF 2000 licenses that I already showed to mili- ing states to extend Medicaid and CHIP Ms. COLLINS. Mr. President, today, tary identification cards to Federal to the parents of eligible children. This along with my colleague from Illinois, agency credentials, including those of is a sensible, affordable expansion that Senator DURBIN, I am introducing leg- the FBI and the CIA. will make a real and immediate dif- islation to stem the proliferation of Other sites offered to produce Social ference for many American families. web sites that distribute counterfeit Security cards, birth certificates, di- In addition, FamilyCare would pro- identification documents and creden- plomas, and press credentials. In short, vide assistance to increase coverage for tials over the Internet. one can find almost any kind of identi- workers in small businesses by pro- In May, the Senate Permanent Sub- fication document that one wants on viding grant money for states to pur- committee on Investigations, which I the Internet. sue new and innovative approaches to chair, held hearings on a disturbing The General Accounting Office and expand health insurance coverage new trend—the use of the Internet to the FBI have both confirmed the find- through small business. manufacture and market counterfeit ings of the subcommittee’s investiga- Our plan also gives states a number identification documents and creden- tion of this dangerous new trend. The of new tools to help improve outreach tials. Our investigation revealed the GAO used counterfeit credentials and and enrollment in Medicaid and the widespread availability on the Internet badges readily available for purchase State Children’s Health Insurance Pro- of a variety of fake ID documents or via the Internet to breach the security gram. computer templates that allow individ- at 19 Federal buildings and two com- FamilyCare would provide health in- uals to manufacture authentic looking mercial airports. GAO’s success in surance coverage to millions of low-in- IDs in the seclusion of their own doing so demonstrates that the Inter- come working families for a fraction of homes. net and computer technology allow

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7664 CONGRESSIONAL RECORD — SENATE July 26, 2000 nearly anyone to create convincing features of our legislation are provi- testified at our hearings said that he identification cards and credentials. sions that modernize existing law to would not have been able to commit The FBI has also focused on the po- address the widespread availability of bank fraud had he not been able to eas- tential of misuse of official identifica- false identification documents on the ily and quickly obtain high-quality tion, and just last month executive Internet. fraudulent identification documents search warrants at the homes of sev- First, the legislation supplements via the Internet. I am confident that if eral individuals who had been selling current Federal law against false iden- Federal law enforcement officials pros- Federal law enforcement badges over tification to modernize it for the Inter- ecute the most blatant violation of the the Internet. net age. The primary law prohibiting law, the false ID industry on the Inter- Obviously, this is very serious. It al- the use and distribution of false identi- net will wither in short order. lows someone to use a law enforcement fication documents was enacted in 1982. By strengthening the law and by fo- badge to gain access to secure areas Advances in computer technology and cusing our prosecutorial efforts, I be- and perhaps to commit harm. For ex- the use of the Internet have rendered lieve we can curb the widespread avail- ample, the FBI is investigating a very that law inadequate. This bill will clar- ability of false IDs that the Internet fa- disturbing incident where someone al- ify that the current law prohibits the cilitates. The Director of the U.S. Se- legedly displayed phony FBI creden- sale or distribution of false identifica- cret Service testified at our hearing tials to gain access to an individual’s tion documents through computer files that the use of such fraudulent docu- hotel room and then allegedly later and templates which our investigation ments and credentials almost always kidnaped and murdered that indi- found are the vehicles of choice for accompanies the serious financial vidual. manufacturing false IDs in the Internet crimes they investigate. Thus, my hope The Internet is a revolutionary tool age. is that the legislation we are intro- of commerce and communications that Second, the legislation will make it ducing today will produce a stronger benefits us all, but many of the Inter- easier to prosecute those criminals who law that will help deter and prevent net’s greatest attributes also further manufacture, distribute, or sell coun- criminal activity, not only in the man- its use for criminal purposes. While the terfeit identification documents by ufacture of false IDs but in other areas manufacture of false IDs by criminals ending the practices of easily remov- as well. is certainly nothing new, the Internet able disclaimers as part of an attempt allows those specializing in the sale of to shield the illegal conduct from pros- By Mr. THURMOND: counterfeit IDs to reach a far broader ecution through a bogus claim of nov- S. 2925. A bill to amend the Public market of potential buyers than they elty. Health Service Act to establish an Of- ever could by standing on the street What we found is that a lot of these fice of Men’s Health; to the Committee corner in a shady part of town. They web sites have these disclaimers, in an on Health, Education, Labor, and Pen- can sell their products with virtual an- attempt to get around the law, saying sions. onymity through the use of e-mail that these can only be used for enter- MEN’S HEALTH ACT OF 2000 services and free web hosting services tainment or novelty purposes. No Mr. THURMOND. Mr. President, I am and by providing false information longer will it be acceptable to provide pleased to rise today to introduce the when registering their domain names. computer templates of government- Men’s Health Act of 2000. This legisla- Similarly, the Internet allows crimi- issued identification cards containing tion will establish an Office of Men’s nals to obtain fake IDs in the privacy an easily removable layer saying it is Health within the Department of of their own homes, substantially di- not a government document. Health and Human Services to mon- minishing the risk of apprehension I will give an example. this is a driv- itor, coordinate, and improve men’s that attends purchasing counterfeit er’s license from Oklahoma. It is a fake health in America. documents on the street. ID which my staff obtained via the Mr. President, there is an ongoing, Because this is a relatively new phe- Internet. It is enclosed in a plastic increasing and predominantly silent nomenon, there are no good data on pouch that says ‘‘Not a Government crisis in the health and well-being of the size of the false ID industry or the Document’’ in red print across it, but men. Due to a lack of awareness, poor growth it has experienced as a result of it was very easily removed. All one had health education, and culturally in- the Internet, but the testimony at our to do, with a snip of the scissors, was duced behavior patterns in their work hearing indicates that the Internet is cut the pouch, and then the ID is easily and personal lives, men’s health and increasingly becoming the source of removed and the disclaimer is gone. well-being are deteriorating steadily. choice for criminals to obtain false That is the kind of technique that a lot Heart disease, stroke, and various can- IDs. of times these web site operators use to cers continue to be major areas of con- The subcommittee’s investigation get around the letter of the law. Under cern as we look to enhance the quality found that some web site operators ap- my bill, it will no longer be acceptable and duration of men’s lives. Improved parently have made hundreds of thou- to sell a false identification document education and preventive screening are sands of dollars through the sale of in this fashion. imperative to meet this objective. phony identification documents. One Finally, my legislation seeks to en- Mr. President, as a lifelong advocate web site operator told a State law en- courage more aggressive law enforce- of regular medical exams, daily exer- forcement official that he sold approxi- ment by dedicating investigative and cise and a balanced diet, I feel strongly mately 1,000 fake IDs each month and prosecutorial resources to this emerg- that an Office of Men’s Health should generated about $600,000 in annual ing problem. The bill establishes a be established to help improve the sales. multiagency task force that will con- overall health of America’s male popu- Identify theft is a growing problem centrate the investigative and prosecu- lation. that these Internet sites facilitate. torial resources of several agencies This legislation is identical to a bill Fake IDs, however, also facilitate a with responsibility for enforcing laws introduced earlier this year in the broad array of criminal conduct. We that criminalize the manufacture, sale, House of Representatives. I invite my found that some Internet sites were and distribution of counterfeit identi- colleagues to join me in supporting used to obtain counterfeit identifica- fication documents. this measure. I ask unanimous consent tion documents for the purpose of com- Our investigation established that that a copy of the bill appear in the mitting other crimes, ranging from Federal law enforcement officials have CONGRESSIONAL RECORD immediately very serious offenses, such as identify not devoted the necessary resources following my remarks. theft and bank fraud, ranging to the and attention to this serious problem. There being no objection, the bill was more common problem of teenagers by prosecuting the purveyors of false ordered to be printed in the RECORD, as using phony IDs to buy alcohol. identification materials, I believe that follows: The legislation which Senator DUR- ultimately we can reduce end-use S. 2925 BIN and I are introducing today is de- crime that often depends on the avail- Be it enacted by the Senate and House of Rep- signed to address the problem of coun- ability of counterfeit identification. resentatives of the United States of America in terfeit IDs in several ways. The central For example, the convicted felon who Congress assembled,

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7665 SECTION 1. SHORT TITLE. ‘‘OFFICE OF MEN’S HEALTH Administration that this person had This Act may be cited as the ‘‘Men’s ‘‘SEC. 1711. The Secretary shall establish expenses that had to be paid for after Health Act of 2000’’. within the Department of Health and Human they had died. No recognition on the SEC. 2. FINDINGS. Services an office to be known as the Office part of the Social Security Administra- Congress makes the following findings: of Men’s Health, which shall be headed by a tion that the surviving relatives had (1) There is a silent health crisis affecting director appointed by the Secretary. The the health and well-being of America’s men. Secretary, acting through the Director of their own bills to pay, and that this ad- (2) This health crisis is of particular con- the Office, shall coordinate and promote the ditional expense imposed a burden on cern to men, but is also a concern for status of men’s health in the United them that was difficult to manage. women, and especially to those who have fa- States.’’. My constituents found this to absurd. thers, husbands, sons, and brothers. Why, they asked, should they have to (3) Men’s health is likewise a concern for By Mr. BINGAMAN: return a check for a relative that was employers who lose productive employees as S. 2926. A bill a amend title II of the alive, was accumulating expenses while well as pay the costs of medical care, and is Social Security Act to provide that an she was alive, and deserved the money a concern to State government and society individual’s entitlement to any benefit that was provided to her? Why, they which absorb the enormous costs of pre- thereunder shall continue through the asked, should they be required to pay mature death and disability, including the month of his or her death (without af- costs of caring for dependents left behind. for the relative’s expenses when money (4) The life expectancy gap between men fecting any other person’s entitlement should be available? Why should their and women has steadily increased from 1 to benefits for that month) and that emotional suffering be made all the year in 1920 to 7 years in 1990. such individuals’ benefit shall be pay- more distressful by the addition of fi- (5) Almost twice as many men than women able for such month only to the extent nancial obligations not of their own die from heart disease, and 28.5 percent of all proportionate to the number of days in making? men die as a result of stroke. such month preceding the date of such I think these are good questions, and (6) In 1995, blood pressure of black males individual’s death; to the Committee it is logical that Congress address them was 356 percent higher than that of white on Finance. males, and the death rate for stroke was 97 directly and in a manner that solves percent higher for black males than for THE SOCIAL SECURITY FAMILY RELIEF ACT the problem at hand. From what I can white males. Mr. BINGAMAN. Mr. President, I rise see, they are right. Individuals that (7) The incidence of stroke among men is 19 today to introduce the Social Security have worked over the years and have percent higher than for women. Family Relief Act, which is legislation paid into the Social Security Trust (8) Significantly more men than women designed to both revise current Social Fund all that time, these folks have are diagnosed with AIDS each year. Security law and assist families living earned Social Security benefits and (9) Fifty percent more men than women die in New Mexico and across the United should receive them in full for the pe- of cancer. (10) Although the incidence of depression is States. riod that they are alive. As such, So- higher in women, the rate of life-threatening For those of my colleagues who are cial Security law should be written in depression is higher in men, with men rep- not familiar with this issue, at present such a way that allows the surviving resenting 80 percent of all suicide cases, and the Social Security Administration spouse or family member to use the with men 43 times more likely to be admit- pays benefits in advance, and, thus, a final check to take care of the remain- ted to psychiatric hospitals than women. check an individual receives from So- ing expenses, whether they be utilities, (11) Prostate cancer is the most frequently cial Security Administration during or mortgages, or car payments, or diagnosed cancer in the United States among the month is calculated and paid in an- health care, or whatever needs to be men, accounting for 36 percent of all cancer ticipation that the individual will be cases. taken care of. (12) An estimated 180,000 men will be newly alive the entire month in which a pay- But although my constituents are diagnosed with prostate cancer this year ment was received. sometimes critical of the Social Secu- alone, of which 37,000 will die. However, if a person dies during that rity Administration on this issue, in (13) Prostate cancer rates increase sharply month, the payment must be reim- fairness that agency did not create this with age, and more than 75 percent of such bursed in full to the Social Security problem, Congress did. We wrote the cases are diagnosed in men age 65 and older. Administration. If a person dies on the law, and the Social Security Adminis- (14) The incidence of prostate cancer and 5th of the month, or the 15th of the tration merely implements it. Any re- the resulting mortality rate in African month, or the 25th of the month, none sponsibility for what is happening be- American men is twice that in white men. of this matters. If they die, they are no (15) Studies show that men are at least 25 longs to us. We need to fix the law so percent less likely than women to visit a longer entitled to any benefits for that the Social Security Administration doctor, and are significantly less likely to month, period. Furthermore, if a sur- can do its job better. have regular physician check-ups and obtain viving spouse or family member uses a It is my understanding that this preventive screening tests for serious dis- check received from the Social Secu- issue has been discussed in the past by eases. rity Administration for that month in a number of Senators, but the revisions (16) Appropriate use of tests such as pros- which a family member had died, they have gone nowhere because some felt it tate specific antigen (PSA) exams and blood must send it back—in full—to the So- would impose an administrative burden pressure, blood sugar, and cholesterol cial Security Administration. screens, in conjunction with clinical exams on the Social Security Administration. and self-testing, can result in the early de- Let me make this clear that this is I find this argument to be uncon- tection of many problems and in increased not just a problem in the abstract. In- vincing as we clearly find a way to cal- survival rates. deed, the introduction of this bill is culate complex equations that ulti- (17) Educating men, their families, and prompted by a very real experience mately benefit that agency. There are health care providers about the importance faced by a family living in New Mexico. those that now argue that tracking of early detection of male health problems In this case, a constituent had a close down appropriate beneficiaries would can result in reducing rates of mortality for relative pass away on December 31, be difficult. But I find this to be quite male-specific diseases, as well as improve the 1999. The last day of the month. Not health of America’s men and its overall eco- unconvincing as well—after all, we do nomic well-being. knowing it ran contrary to Social Se- it already when someone dies. Surely (18) Recent scientific studies have shown curity law, the family used the rel- there is a way to make the changes that regular medical exams, preventive ative’s last Social Security check to necessary. Surely the technology and screenings, regular exercise, and healthy eat- pay her final expenses. Only after these expertise already exists. Surely it is ing habits can help save lives. activities had occurred did they receive time to stop making excuses and do (19) Establishing an Office of Men’s Health a letter from the Social Security Ad- what is right for Americans and their is needed to investigate these findings and ministration stating that they would families. take such further actions as may be needed have to return the check. Not just par- The legislation I am introducing to promote men’s health. tial payment, but in full. No recogni- today is easy to understand. The legis- SEC. 3. ESTABLISHMENT OF OFFICE MEN’S HEALTH. tion on the part of the Social Security lation says, quite simply, that an indi- Title XVII of the Public Health Service Administration that this person was vidual’s entitlement to Social Security Act (42 U.S.C. 300u et seq.) is amended by alive for the entire month. No recogni- benefits shall continue through the adding at the end the following section: tion on the part of the Social Security month of his or her death, and after

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7666 CONGRESSIONAL RECORD — SENATE July 26, 2000 that individual’s death, the entitle- (A) by striking ‘‘and ending with the earlier) with the month preceding the earlier ment shall be calculated in a manner month’’ in the matter immediately following of’’ and by striking the comma after proportionate to the days he or she was clause (ii) and inserting ‘‘and ending with ‘‘216(l))’’. still alive. In other words, we are using the month in which she dies or (if earlier) (j) BENEFITS AT AGE 72 FOR CERTAIN UNIN- with the month’’; SURED INDIVIDUALS.—Section 228(a) of such a method of pro-rating to calculate (B) by striking subparagraph (E); and Act (42 U.S.C. 428(a)) is amended by striking what portion of the entitlement that (C) by redesignating subparagraphs (F) ‘‘the month preceding’’ in the matter fol- individual will receive for the last through (K) as subparagraphs (E) through lowing paragraph (4). month. Then, instead of being asked to (J). SEC. 3. COMPUTATION AND PAYMENT OF LAST return that final check, the surviving (2) CONFORMING AMENDMENTS.—Section MONTHLY PAYMENT. spouse or appropriate surviving family 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) (a) OLD-AGE AND SURVIVORS INSURANCE members will receive a check, which is amended by striking ‘‘(E), (F), (H), or (J)’’ BENEFITS.—Section 202 of the Social Secu- can then be used to settle the dece- and inserting ‘‘(E), (G), or (I)’’. rity Act (42 U.S.C. 402) is amended by adding (c) HUSBAND’S INSURANCE BENEFITS.— at the end the following new subsection: dent’s remaining expenses. I think this (1) IN GENERAL.—Section 202(c)(1) of such is a perfectly fair and reasonable ap- ‘‘Last Payment of Monthly Insurance Act (42 U.S.C. 402(c)(1)) is amended— Benefit Terminated by Death proach to solving the problem at hand. (A) by striking ‘‘and ending with the And I think it is long overdue. month’’ in the matter immediately following ‘‘(y) The amount of any individual’s monthly insurance benefit under this section It is my understanding that another clause (ii) and inserting ‘‘and ending with the month in which he dies or (if earlier) paid for the month in which the individual bill addressing this problem has been dies shall be an amount equal to— introduced in the Senate by my col- with the month’’; (B) by striking subparagraph (E); and ‘‘(1) the amount of such benefit (as deter- league Senator MIKULSKI. Further- (C) by redesignating subparagraphs (F) mined without regard to this subsection), more, she has introduced this legisla- through (K) as subparagraphs (E) through multiplied by tion for several years in a row. I com- (J), respectively. ‘‘(2) a fraction— ‘‘(A) the numerator of which is the number mend her for her awareness of this (2) CONFORMING AMENDMENTS.—Section problem and her ongoing efforts to fix 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) of days in such month preceding the date of such individual’s death, and it. is amended by striking ‘‘(E), (F), (H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’, respectively. ‘‘(B) the denominator of which is the num- That said, it is also my under- ber of days in such month, standing that her bill as written cal- (d) CHILD’S INSURANCE BENEFITS.—Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is rounded, if not a multiple of $1, to the next culates these entitlement benefits on a amended— lower multiple of $1. This subsection shall half-month basis. In other words, if you (1) by striking ‘‘and ending with the apply with respect to such benefit after all die before the 15th, you get benefits for month’’ in the matter immediately pre- other adjustments with respect to such ben- a half a month. If you die after the ceding subparagraph (D) and inserting ‘‘and efit provided by this title have been made. 15th, you are entitled to benefits for ending with the month in which such child Payment of such benefit for such month dies or (if earlier) with the month’’; and shall be made as provided in section 204(d).’’. the entire month. To be honest, I see (b) DISABILITY INSURANCE BENEFITS.—Sec- no obvious rationale for addressing the (2) by striking ‘‘dies, or’’ in subparagraph (D). tion 223 of such Act (42 U.S.C. 423) is amend- problem in this way, and I find a pro- (e) WIDOW’S INSURANCE BENEFITS.—Section ed by adding at the end the following new rate strategy to be far more compel- 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is subsection: ling. But this said, I look forward to amended by striking ‘‘ending with the month ‘‘Last Payment of Benefit Terminated by working with her and her co-sponsors preceding the first month in which any of Death to repair the problem. We clearly have the following occurs: she remarries, dies,’’ in ‘‘(j) The amount of any individual’s month- the same concerns. the matter following subparagraph (F) and ly benefit under this section paid for the Mr. President, let me state in conclu- inserting ‘‘ending with the month in which month in which the individual dies shall be sion that this legislation represents she dies or (if earlier) with the month pre- an amount equal to— ceding the first month in which she remar- ‘‘(1) the amount of such benefit (as deter- only a partial fix of the current Social ries or’’. Security system. There is no doubt in mined without regard to this subsection), (f) WIDOWER’S INSURANCE BENEFITS.—Sec- multiplied by my mind that much more needs to be tion 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) ‘‘(2) a fraction— done. We have talked about the issues is amended by striking ‘‘ending with the ‘‘(A) the numerator of which is the number far too long, and it is time to make a month preceding the first month in which of days in such month preceding the date of serious effort to make the Social Secu- any of the following occurs: he remarries, such individual’s death, and rity solvent and effective. If had my dies,’’ in the matter following subparagraph ‘‘(B) the denominator of which is the num- (F) and inserting ‘‘ending with the month in way, this effort would begin tomorrow. ber of days in such month, which he dies or (if earlier) with the month rounded, if not a multiple of $1, to the next But since it is not, this legislation can preceding the first month in which he remar- be considered one small but very im- lower multiple of $1. This subsection shall ries’’. apply with respect to such benefit after all portant step on the path to reform. (g) MOTHER’S AND FATHER’S INSURANCE other adjustments with respect to such ben- Mr. President, I ask unanimous con- BENEFITS.—Section 202(g)(1) of such Act (42 efit provided by this title have been made. sent that a copy of the legislation be U.S.C. 402(g)(1)) is amended— Payment of such benefit for such month included in the RECORD at the conclu- (1) by inserting ‘‘with the month in which shall be made as provided in section 204(d).’’. he or she dies or (if earlier)’’ after ‘‘and end- sion of my statement. (c) BENEFITS AT AGE 72 FOR CERTAIN UNIN- ing’’ in the matter following subparagraph SURED INDIVIDUALS.—Section 228 of such Act Thank you, Mr. President, and I yield (F); and the floor. (42 U.S.C. 428) is amended by adding at the (2) by striking ‘‘he or she remarries, or he end the following new subsection: There being no objection, the bill was or she dies’’ and inserting ‘‘or he or she re- ordered to be printed in the RECORD, as marries’’. ‘‘Last Payment of Benefit Terminated by follows: (h) PARENT’S INSURANCE BENEFITS.—Sec- Death ‘‘(i) The amount of any individual’s month- S. 2926 tion 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ‘‘ending with the ly benefit under this section paid for the Be it enacted by the Senate and House of Rep- month preceding the first month in which month in which the individual dies shall be resentatives of the United States of America in any of the following occurs: such parent dies, an amount equal to— Congress assembled, marries,’’ in the matter following subpara- ‘‘(1) the amount of such benefit (as deter- SECTION 1. SHORT TITLE. graph (E) and inserting ‘‘ending with the mined without regard to this subsection), This Act may be cited as the ‘‘Social Secu- month in which such parent dies or (if ear- multiplied by rity Family Relief Act’’. lier) with the month preceding the first ‘‘(2) a fraction— SEC. 2. CONTINUATION OF BENEFITS THROUGH month in which such parent marries, or such ‘‘(A) the numerator of which is the number MONTH OF BENEFICIARY’S DEATH. parent’’. of days in such month preceding the date of (a) OLD-AGE INSURANCE BENEFITS.—Section (i) DISABILITY INSURANCE BENEFITS.—Sec- such individual’s death, and 202(a) of the Social Security Act (42 U.S.C. tion 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) ‘‘(B) the denominator of which is the num- 402(a)) is amended by striking ‘‘the month is amended by striking ‘‘ending with the ber of days in such month, preceding’’ in the matter following subpara- month preceding whichever of the following rounded, if not a multiple of $1, to the next graph (B). months is the earliest: the month in which lower multiple of $1. This subsection shall (b) WIFE’S INSURANCE BENEFITS.— he dies,’’ in the matter following subpara- apply with respect to such benefit after all (1) IN GENERAL.—Section 202(b)(1) of such graph (D) and inserting the following: ‘‘end- other adjustments with respect to such ben- Act (42 U.S.C. 402(b)(1)) is amended— ing with the month in which he dies or (if efit provided by this title have been made.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7667 Payment of such benefit for such month companies are driven by the desire to but the profit motive also shortchanges shall be made as provided in section 204(d).’’. make a profit and, in turn, please offi- inmates of the rehabilitation, edu- SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF cers and shareholders. This profit mo- cation, and training that they need. DEATH UNDER FAMILY MAXIMUM PROVISIONS. tive in the context of housing crimi- Private prisons get paid based on the Section 203(a) of the Social Security Act nals is wrong. It is at cross-purposes number of inmates they house. This (42 U.S.C. 403(a)) is amended by adding at the with the government’s goal of pun- means the more inmates they accept end the following new paragraph: ishing and rehabilitating criminals. and the fewer services they provide, ‘‘(10) Notwithstanding any other provision So what happens when a private com- the more money they make. A high of this Act, in applying the preceding provi- pany runs a prison? The prisons have crime rate means more business and sions of this subsection (and determining promised to save taxpayers money, so eliminates any motivation to provide maximum family benefits under column V of they cut costs. This invariably results job training, education, and other reha- the table in or deemed to be in section 215(a) in unqualified, low paid employees, as in effect in December 1978) with respect to bilitative programs. These allegations the month in which the insured individual’s poor facilities and living conditions, of abuse and the negative effects of the death occurs, the benefit payable to such in- and an inadequate number of edu- profit motive are especially troubling dividual for that month shall be dis- cational and rehabilitative programs. because they have a disparate impact regarded.’’. Recent episodes of escape, violence, on the minority community, which has SEC. 5. EFFECTIVE DATE. and prisoner abuse demonstrate what been incarcerated disproportionately The amendments made by this Act shall happens when corners are cut. in recent years particularly with the apply with respect to deaths occurring after At the Northeast Ohio Correctional rise of mandatory minimum sentences the month in which this Act is enacted. facility, a private prison in Youngs- for drug offenses. town, Ohio, 20 inmates were stabbed, Another issue of concern is account- By Mr. FEINGOLD: two of them fatally, within a 10-month ability for dispensing one of the strong- S. 2927. A bill to ensure that the in- period. After management claimed est punishments our society can im- carceration of inmates is not provided they had addressed the problems, six pose. Incarceration requires a govern- by private contractors or vendors and inmates, four convicted of homicide, ment to exercise its coercive police that persons charged or convicted of an escaped by cutting through two razor powers over individuals, including the offense against the United States shall wire fences in the middle of the after- authority to take away a person’s free- be housed in facilities managed and noon. dom and to use force. This authority to maintained by Federal, State, or local At a private prison in Whiteville, use force should not be delegated to a governments; to the Committee on the Tennessee, which houses many inmates private company that is not account- Judiciary. from my home state of Wisconsin, able to the people. This premise was re- THE PUBLIC SAFETY ACT there has been a hostage situation, an inforced by the Supreme Court in Rich- Mr. FEINGOLD. Mr. President, send- assault of a guard, and a coverup to ardson v. McKnight, which held that ing inmates to prisons built and run by hide physical abuse of inmates by pris- private prison personnel are not cov- prviate companies has become a pop- on guards. A security report at the ered by the qualified immunity that ular way to deal with overcrowded pris- same Tennessee prison found unsecured shields state and local correctional of- ons, but in recent years this practice razors, inmates obstructing views into ficers. This means that a state or local has been appropriately criticized. As their cells by covering up windows, and government could be held liable for the reports of escapes, riots, prisoner vio- an inmate using a computer lab strict- actions of a private corporation. lence, and abuse by staff in private ly labeled, ‘‘staff only’’ without any su- Mr. President, the legislation I intro- prisons increase, many have questioned pervision. duce today, the Public Safety Act, ad- the wisdom and propriety of private At a private prison in Sayre, Okla- dresses these concerns. It restores con- companies carrying out this essential homa, a dangerous inmate uprising trol and management of prisons to the state function. After considering safe- jeopardized the security and control of government. It makes federal grants ty, cost, and accountability issues, it is the facility. As a result, the state of under Title II of the Crime Control Act clear that private companies should Oklahoma removed all its inmates of 1994 contingent upon states agreeing not be doing this public work. Govern- from the facility and questioned its not to contract with any private com- ment and only government, whether safety. Because the prison gets paid panies to provide core correctional it’s federal, state, or local, should oper- based on the number of inmates, how- services related to transportation or ate prisons. That is why I rise today to ever, the prison continued to request, incarceration of inmates. The legisla- introduce a bill that will restore re- and other states sent, hundreds of in- tion was carefully crafted to apply only sponsibility for housing prisoners to mates to be housed there. to core correctional services meaning the state and federal government, Earlier this year the Justice Depart- that private companies can still pro- where it belongs. An identical bill was ment filed a lawsuit against the vide auxiliary services such as food or introduced in the House of Representa- Wackenhut Corrections Corporation, clothing. tives by Congressman TED STRICKLAND, the second largest private prison com- Mr. President, let us restore safety where it has received broad bi-partisan pany in the United States, charging and security to the many Americans support and currently has 141 cospon- that in one of its juvenile prisons, con- who work in prisons. Let us protect the sors. ditions were ‘‘dangerous and life communities that support prisons. And Private prison companies, and pro- threatening.’’ A group of experts who let us ensure rehabilitation and safety ponents of their use, claim that they toured the prison reported that many for the individuals, including young save taxpayers money. They claim pri- of the juveniles were short of food, had boys and girls, who are housed there. vate companies can do the govern- lost weight, and did not have shoes or This bill returns to the government the ment’s business more efficiently, but blankets. The Department of Justice function of being the sole adminis- this has never been confirmed. In fact, lawsuit also alleges that inmates did trator of incarceration as punishment two government studies show that it is not receive adequate mental health in our society. I urge my colleagues to far from clear whether private prisons care or educational programming. In join me as cosponsors of the Public save taxpayer money. One study, com- addition to the poor conditions and Safety Act. pleted by the GAO, stated that it could lack of training, the guards physically I ask that the text of the bill be not conclude whether or not privatiza- abused the boys and threw gas gre- placed in the RECORD following this tion saved money. The second study, nades into their barracks. Some juve- statement. completed by the Federal Bureau of nile inmates even tried to commit sui- There being no objection, the bill was Prisons in 1998, concluded that there is cide or deliberately injure themselves ordered to be printed in the RECORD, as no strong evidence to show states save so they would be sent to the infirmary follows: money by using private prisons. to avoid abuse by the guards. S. 2927 More importantly, private prison Mr. President, the profit motive Be it enacted by the Senate and House of Rep- companies are motivated by one goal: clearly has a dangerous and harmful ef- resentatives of the United States of America in making a profit. Decisions by these fect on the security of private prisons, Congress assembled,

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7668 CONGRESSIONAL RECORD — SENATE July 26, 2000 SECTION 1. SHORT TITLE. (2) by striking ‘‘and’’ at the end of para- it is used; choice as to how that infor- This Act may be cited as the ‘‘Public Safe- graph (4); and mation is used; access by the user to ty Act’’. (3) by inserting after paragraph (4) the fol- information collected about them; and SEC. 2. FINDINGS. lowing: appropriate measures to ensure the se- ‘‘(5) provide that any penal or correctional The Congress finds the following: curity of the information. (1) The issues of safety, liability, account- facility or institution except for nonprofit community correctional confinement, such Over the last three years industry ability, and cost are the paramount issues in has worked diligently to develop and running corrections facilities. as halfway houses, confining any person con- (2) In recent years, the privatization of fa- victed of offenses against the United States, implement privacy policies utilizing cilities for persons previously incarcerated shall be under the direction of the Director the four fair information practices. by governmental entities has resulted in fre- of the Bureau of Prisons and shall be man- While industry has made progress in quent escapes by violent criminals, riots re- aged and maintained by employees of Fed- providing consumers with some form of sulting in extensive damage, prisoner vio- eral, State, or local governments; notice of their information practices, lence, and incidents of prisoner abuse by ‘‘(6) provide that the transportation, hous- there is much work to be done to im- staff. ing, safeguarding, protection, and dis- prove the depth and clarity of privacy (3) In some instances, the courts have pro- ciplining of any person charged with or con- victed of any offense against the United policies. hibited the transfer of additional convicts to The legislation we introduce today private prisons because of the danger to pris- States, except such persons in community oners and the community. correctional confinement such as halfway should not be viewed as a failure on the (4) Frequent escapes and riots at private houses, will be conducted and carried out by part of industry to address privacy. In- facilities result in expensive law enforce- individuals who are employees of Federal, stead industry’s efforts over the past ment costs for State and local governments. State, or local governments; and’’. few years have driven the development (5) The need to make profits creates incen- of standards which serve as the model tives for private contractors to underfund By Mr. MCCAIN (for himself, Mr. for this legislation. Our objective is to mechanisms that provide for the security of KERRY, Mr. ABRAHAM, and Mrs. provide for enforceable standards to en- the facility and the safety of the inmates, BOXER): sure that all websites provide con- corrections staff, and neighboring commu- S. 2928. A bill to protect the privacy sumers with clear and conspicuous no- nity. of consumers who use the Internet; to (6) The 1997 Supreme Court ruling in Rich- tice and meaningful choices about how the Committee on Commerce, Science, their information is used. ardson v. McKnight that the qualified immu- and Transportation. nity that shields State and local correctional Currently, some websites have pri- THE CONSUMER INTERNET PRIVACY officers does not apply to private prison per- vacy policies that are confusing and ENHANCEMENT ACT sonnel, and therefore exposes State and local make it difficult for consumers to re- governments to liability for the actions of Mr. MCCAIN. Mr. President, I am strict the use of information. During a private corporations. pleased to join my colleagues from recent hearing before the Senate Com- (7) Additional liability issues arise when Massachusetts, Michigan, and Cali- merce Committee, the Chairman of the inmates are transferred outside the jurisdic- fornia to introduce the Consumer Federal Trade Commission—a former tion of the contracting State. Internet Privacy Enhancement Act. dean of Georgetown Law School—ex- (8) Studies on private correctional facili- The purpose of this legislation is sim- ties have been unable to demonstrate any pressed his own difficulties in under- ple. We want to ensure that commer- standing some privacy policies. significant cost savings in the privatization cial websites inform consumers about of corrections facilities. Privacy is harmed not enhanced (9) The imposition of punishment on errant how their personal information is when consumers are lost in a fog of citizens through incarceration requires State treated, and give consumers meaning- legalese. Some current privacy policies and local governments to exercise their coer- ful choices about the use of that infor- confuse and contradict rather than pro- cive police powers over individuals. These mation. While the purpose of this legis- vide clear and conspicuous notice of a powers, including the authority to use force lation is simple, the task my col- consumer’s rights. over a private citizen, should not be dele- leagues and I are seeking to accom- The bill my colleagues and I intro- gated to another private party. plish is complex and difficult. duce today attempts to end some of SEC. 3. ELIGIBILITY FOR GRANTS. The Internet is a tremendous me- this confusion by providing for enforce- (a) IN GENERAL.—To be eligible to receive a dium spurring the world’s economy and able standards that will both protect grant under subtitle A of title II of the Vio- allowing people to communicate in lent Crime Control and Law Enforcement consumers and allow for the continued ways that were unimaginable a few growth of e-commerce. Specifically, Act of 1994, an applicant shall provide assur- short years ago. The Internet revolu- ances to the Attorney General that if se- the bill would require websites to pro- lected to receive funds under such subtitle tion is transforming our lives and our vide clear and conspicuous notice of the applicant shall not contract with a pri- economy at an incredible pace. Like their information practices. It also re- vate contractor or vendor to provide core any other technological revolution it quires websites to provide consumers correctional services related to the transpor- promises great opportunities and, it with an easy method to limit the use tation or the incarceration of an inmate. presents new concerns and fears. and disclosure of information. (b) EFFECTIVE DATE.—Subsection (a) shall Chief among those concerns is the The provisions of the bill are enforce- apply to grant funds received after the date ability of the Internet to further erode of enactment of this Act. able by the FTC. States Attorneys individual privacy. Since the beginning General could also bring suits in fed- (c) EFFECT ON EXISTING CONTRACTS.— of commerce, business has sought to (1) IN GENERAL.—Except as provided in eral court under the Act using a mech- paragraph (2), subsection (a) shall not apply learn more about consumers. The abil- anism similar to the Telemarketing to a contract in effect on the date of the en- ity of the internet to aid business in Sales Rule. We also propose a civil pen- actment of this Act between a grantee and a the collection, storage, transfer, and alty of $22,000 per violation with a max- private contractor or vendor to provide core analysis of information about a con- imum fine of $500,000. Currently, the correctional services related to correctional sumer’s habits is unprecedented. While FTC can only seek civil penalties if an facilities or the incarceration of inmates. this technology can allow business to individual or business is under an order (2) RENEWALS AND EXTENSIONS.—Subsection better target goods and services, it also for past behavior. (a) shall apply to renewals or extensions of has increased consumer fears about the an existing contract entered into after the The legislation also preempts state date of the enactment of this Act. collection and use of personally identi- law to ensure that the law governing (d) DEFINITION.—For purposes of this sec- fiable information. the collection of personally identifiable tion, the term ‘‘core correctional service’’ Since 1998, the Federal Trade Com- information is uniform. Finally, the means the safeguarding, protecting, and dis- mission has examined this issue in a bill would direct the National Academy ciplining of persons charged or convicted of series of reports to Congress. The FTC of Sciences to conduct a study of pri- an offense. and privacy organizations formed by vacy to examine the collection of per- SEC. 4. ENHANCING PUBLIC SAFETY AND SECU- industry identified ‘‘four fair informa- sonal information in the offline-world RITY IN THE DUTIES OF THE BU- tion practices’’ which should be uti- REAU OF PRISONS. as well as methods to provide con- Section 4042(a) of title 18, United States lized by websites that collect person- sumers with access to information col- Code, is amended— ally identifiable information. In simple lected by them. (1) by redesignating paragraph (5) as para- terms, these practices are notice of Despite our best efforts I recognize graph (7); what information is collected and how this bill does not address all of the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7669 issues affecting online privacy. As I (A) The identity of the operator of the (B) member banks of the Federal Reserve said earlier, this is a complex and dif- website and of any third party the operator System (other than national banks), ficult issue. Other related concerns knowingly permits to collect personally branches and agencies of foreign banks that should be addressed will continue identifiable information from users through (other than Federal branches, Federal agen- the website, including the provision of an cies, and insured State branches of foreign to arise as we consider this measure. electronic means of going to a website oper- banks), commercial lending companies For example, the sale of data during ated by any such third party. owned or controlled by foreign banks, and bankruptcy, the use of software also (B) A list of the types of personally identi- organizations operating under section 25 or known as spyware that can transfer fiable information that may be collected on- 25(a) of the Federal Reserve Act (12 U.S.C. personal information while online line by the operator and the categories of in- 601 et seq. and 611 et seq.), by the Board; and without the user’s consent or knowl- formation the operator may collect in con- (C) banks insured by the Federal Deposit edge, and the government’s use and dis- nection with the user’s visit to the website. Insurance Corporation (other than members semination of personally identifiable (C) A description of how the operator uses of the Federal Reserve System) and insured such information, including a statement as State branches of foreign banks, by the information online. to whether the information may be sold, dis- Board of Directors of the Federal Deposit In- Additionally, other new ways to help tributed, disclosed, or otherwise made avail- surance Corporation; resolve the issue of online privacy will able to third parties for marketing purposes. (2) section 8 of the Federal Deposit Insur- also arise as we consider this measure. (D) A description of the categories of po- ance Act (12 U.S.C. 1818), by the Director of These include the deployment of tech- tential recipients of any such personally the Office of Thrift Supervision, in the case nology that will enable consumers to identifiable information. of a savings association the deposits of which protect their privacy is one issue we (E) Whether the user is required to provide are insured by the Federal Deposit Insurance should expect to address. Another issue personally identifiable information in order Corporation; to use the website and any other con- (3) the Federal Credit Union Act (12 U.S.C. is the use of verifiable assessment pro- sequences of failure to provide that informa- 1751 et seq.) by the National Credit Union cedures to ensure that websites are fol- tion. Administration Board with respect to any lowing their posted privacy policies. (F) A general description of what steps the Federal credit union; The discovery of new issues and new operator takes to protect the security of per- (4) part A of subtitle VII of title 49, United solutions as we move through this sonally identifiable information collected States Code, by the Secretary of Transpor- process will serve to highlight the dif- online by that operator. tation with respect to any air carrier or for- ficulty and complexity of dealing with (G) A description of the means by which a eign air carrier subject to that part; this issue. It is not my intention to user may elect not to have the user’s person- (5) the Packers and Stockyards Act, 1921 (7 ally identifiable information used by the op- U.S.C. 181 et seq.) (except as provided in sec- rush to judgment on these matters. In- erator for marketing purposes or sold, dis- tion 406 of that Act (7 U.S.C. 226, 227)), by the stead, I firmly believe the best way to tributed, disclosed, or otherwise made avail- Secretary of Agriculture with respect to any protect consumers and provide for the able to a third party, except for— activities subject to that Act; and continued growth of e-commerce is to (i) information related to the provision of (6) the Farm Credit Act of 1971 (12 U.S.C. give privacy careful and thoughtful de- the product or service provided by the 2001 et seq.) by the Farm Credit Administra- liberation before we act. website; or tion with respect to any Federal land bank, Mr. President, it is clear that busi- (ii) information required to be disclosed by Federal land bank association, Federal inter- nesses should inform consumers in a law. mediate credit bank, or production credit as- (H) The address or telephone number at sociation. clear and conspicuous manner about which the user may contact the website op- (c) EXERCISE OF CERTAIN POWERS.—For the how they treat personal information erator about its information practices and purpose of the exercise by any agency re- and give consumers meaningful choices also an electronic means of contacting the ferred to in subsection (b) of its powers under as to how that information is used. operator. any Act referred to in that subsection, a vio- While some of us may disagree on the (2) FORM OF NOTICE.—The notice required lation of section 2(a) or (b) is deemed to be a manner in which we meet this goal, we by subsection (a) shall be clear, conspicuous, violation of a requirement imposed under and easily understood. that Act. In addition to its powers under any all agree that it must be done. I look provision of law specifically referred to in forward to working with my colleagues (3) OPPORTUNITY TO LIMIT DISCLOSURE.—The opportunity provided to users to limit use subsection (b), each of the agencies referred and addressing their concerns as we and disclosure of personally identifiable in- to in that subsection may exercise, for the move through the legislative process. formation shall be easy to use, easily acces- purpose of enforcing compliance with any re- Mr. President, I ask unanimous con- sible, and shall be available online. quirement imposed under section 2(a) or (b), sent to print the full text of the bill in (c) INCONSISTENT STATE LAW.—No State or any other authority conferred on it by law. (d) ACTIONS BY THE COMMISSION.—The Com- the RECORD. local government may impose any liability mission shall prevent any person from vio- for commercial activities or actions by a There being no objection, the bill was lating section 2(a) or (b) in the same manner, commercial website operator in interstate or ordered to be printed in the RECORD, as by the same means, and with the same juris- foreign commerce in connection with an ac- follows: diction, powers, and duties as though all ap- tivity or action described in this Act that is plicable terms and provisions of the Federal S. 2928 inconsistent with, or more restrictive than, Trade Commission Act (15 U.S.C. 41 et seq.) Be it enacted by the Senate and House of Rep- the treatment of that activity or action were incorporated into and made a part of resentatives of the United States of America in under this section. this Act. Any entity that violates any provi- Congress assembled, (d) SAFE HARBOR.—A commercial website sion of that title is subject to the penalties operator may not be held to have violated SECTION 1. SHORT TITLE. and entitled to the privileges and immuni- This Act may be cited as the ‘‘Consumer any provision of this Act if it complies with ties provided in the Federal Trade Commis- Internet Privacy Enhancement Act’’. self-regulatory guidelines that— sion Act in the same manner, by the same SEC. 2. COLLECTION OF PERSONALLY IDENTIFI- (1) are issued by seal programs or rep- means, and with the same jurisdiction, ABLE INFORMATION. resentatives of the marketing or online in- power, and duties as though all applicable (a) IN GENERAL.—It is unlawful for a com- dustries or by any other person; and terms and provisions of the Federal Trade mercial website operator to collect person- (2) are approved by the Commission as con- Commission Act were incorporated into and ally identifiable information online from a taining all the requirements set forth in sub- made a part of that title. user of that website unless the operator pro- section (b). (e) RELATIONSHIP TO OTHER LAWS.— vides— SEC. 3. ENFORCEMENT. (1) COMMISSION AUTHORITY.—Nothing con- (1) notice to the user on the website in ac- (a) IN GENERAL.—The violation of section tained in this Act shall be construed to limit cordance with the requirements of sub- 2(a) or (b) shall be treated as a violation of the authority of the Commission under any section (b); and a rule defining an unfair or deceptive act or other provision of law. (2) an opportunity to that user to limit the practice in or affecting commerce proscribed (2) COMMUNICATIONS ACT.—Nothing in sec- use for marketing purposes, or disclosure to by section 18(a)(1)(B) of the Federal Trade tion 2(a) or (b) requires an operator of a third parties of personally identifiable infor- Commission Act (15 U.S.C. 57(a)(1)(B)). website to take any action that is incon- mation collected that is— (b) ENFORCEMENT BY CERTAIN OTHER AGEN- sistent with the requirements of section 222 (A) not related to provision of the products CIES.— Compliance with section 2(a) or (b) or 631 of the Communications Act of 1934 (47 or services provided by the website; or shall be enforced under— U.S.C. 222 or 551, respectively). (B) not required to be disclosed by law. (1) section 8 of the Federal Deposit Insur- (3) OTHER ACTS.—Nothing in this Act is in- (b) NOTICE.— ance Act (12 U.S.C. 1818), in the case of— tended to affect any provision of, or any (1) IN GENERAL.—For purposes of subsection (A) national banks, and Federal branches amendment made by— (a), notice consists of a statement that in- and Federal agencies of foreign banks, by the (A) the Children’s Online Privacy Protec- forms a user of a website of the following: Office of the Comptroller of the Currency; tion Act of 1998;

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7670 CONGRESSIONAL RECORD — SENATE July 26, 2000 (B) the Gramm-Leach-Bliley Act; or section 2(a) or (b) no State may, during the ucts or services for sale through that website (C) the Health Insurance Portability and pendency of that action, institute an action or online service, involving commerce— Accountability Act of 1996. under subsection (a) against any defendant (i) among the several States or with 1 or (f) CIVIL PENALTY.—In addition to any named in the complaint in that action for more foreign nations; other penalty applicable to a violation of violation of that rule. (ii) in any territory of the United States or section 2(a), there is hereby imposed a civil (e) VENUE; SERVICE OF PROCESS.— in the District of Columbia, or between any penalty of $22,000 for each such violation. In (1) VENUE.—Any action brought under sub- such territory and— the event of a continuing violation, each day section (a) may be brought in the district (I) another such territory; or on which the violation continues shall be court of the United States that meets appli- (II) any State or foreign nation; or considered as a separate violation for pur- cable requirements relating to venue under (iii) between the District of Columbia and poses of this subsection. The maximum pen- section 1391 of title 28, United States Code. any State, territory, or foreign nation; but alty under this subsection for a related se- (2) SERVICE OF PROCESS.—In an action (B) does not include any nonprofit entity ries of violations is $500,000. For purposes of brought under subsection (a), process may be that would otherwise be exempt from cov- this subsection, the violation of an order served in any district in which the defend- erage under section 5 of the Federal Trade issued by the Commission under this Act ant— Commission Act (15 U.S.C. 45). shall not be considered to be a violation of (A) is an inhabitant; or (3) COLLECT.—The term ‘‘collect’’ means section 2(a) of this Act. (B) may be found. the gathering of personally identifiable in- SEC. 4. ACTIONS BY STATES. SEC. 5. STUDY OF ONLINE PRIVACY. formation about a user of an Internet serv- ice, online service, or commercial website by (a) IN GENERAL.— (a) IN GENERAL.—Within 90 days after the or on behalf of the provider or operator of (1) CIVIL ACTIONS.—In any case in which the date of enactment of this Act, the Commis- that service or website by any means, direct attorney general of a State has reason to be- sion shall execute a contract with the Na- or indirect, active or passive, including— lieve that an interest of the residents of that tional Research Council of the National (A) an online request for such information State has been or is threatened or adversely Academy of Sciences for a study of privacy by the provider or operator, regardless of affected by the engagement of any person in that will examine causes for concern about how the information is transmitted to the a practice that violates section 2(a) or (b), privacy in the information age and tools and provider or operator; strategies for responding to those concerns. the State, as parens patriae, may bring a (B) the use of an online service to gather (b) SCOPE.—The study required by sub- civil action on behalf of the residents of the the information; or section (a) shall— State in a district court of the United States (C) tracking or use of any identifying code (1) survey the risks to, and benefits associ- of appropriate jurisdiction to— linked to a user of such a service or website, ated with the use of, personal information (A) enjoin that practice; including the use of cookies. associated with information technology, in- (B) obtain damage, restitution, or other (4) INTERNET.—The term ‘‘Internet’’ means cluding actual and potential issues related to compensation on behalf of residents of the collectively the myriad of computer and trends in technology; State; or telecommunications facilities, including (2) examine the costs and benefits involved (C) obtain such other relief as the court equipment and operating software, which in the collection and use of personal infor- may consider to be appropriate. comprise the interconnected world-wide net- mation; (2) NOTICE.— work of networks that employ the Trans- (3) examine the differences, if any, between (A) IN GENERAL.—Before filing an action mission Control Protocol/Internet Protocol, the collection and use of personal informa- under paragraph (1), the attorney general of or any predecessor or successor protocols to tion by the online industry and the collec- the State involved shall provide to the Com- such protocol, to communicate information tion and use of personal information by mission— of all kinds by wire or radio. other businesses; (i) written notice of that action; and (5) PERSONALLY IDENTIFIABLE INFORMA- (4) examine the costs, risks, and benefits of (ii) a copy of the complaint for that action. TION.—The term ‘‘personally identifiable in- providing consumer access to information (B) EXEMPTION.— formation’’ means individually identifiable collected online, and examine approaches to (i) IN GENERAL.—Subparagraph (A) shall information about an individual collected providing such access; not apply with respect to the filing of an ac- online, including— (5) examine the security of personal infor- tion by an attorney general of a State under (A) a first and last name, whether given at mation collected online; this subsection, if the attorney general de- birth or adoption, assumed, or legally (6) examine such other matters relating to termines that it is not feasible to provide the changed; the collection, use, and protection of per- notice described in that subparagraph before (B) a home or other physical address in- sonal information online as the Council and the filing of the action. cluding street name and name of a city or the Commission consider appropriate; and (ii) NOTIFICATION.—In an action described town; (7) examine efforts being made by industry in clause (i), the attorney general of a State (C) an e-mail address; to provide notice, choice, access, and secu- shall provide notice and a copy of the com- (D) a telephone number; rity. plaint to the Commission at the same time (E) a Social Security number; or (c) RECOMMENDATIONS.—Within 12 months as the attorney general files the action. (F) unique identifying information that an after the Commission’s request under sub- (b) INTERVENTION.— Internet service provider or operator of a section (a), the Council shall complete the (1) IN GENERAL.—On receiving notice under commercial website collects and combines study and submit a report to the Congress, subsection (a)(2), the Commission shall have with any information described in the pre- including recommendations for private and the right to intervene in the action that is ceding subparagraphs of this paragraph. public sector actions including self-regula- the subject of the notice. (6) ONLINE.—The term ‘‘online’’ refers to tion, laws, regulations, or special agree- (2) EFFECT OF INTERVENTION.—If the Com- any activity regulated by this Act or by sec- ments. mission intervenes in an action under sub- tion 2710 of title 18, United States Code, that (d) AGENCY COOPERATION.—The head of section (a), it shall have the right— is effected by active or passive use of an each Federal department or agency shall, at (A) to be heard with respect to any matter Internet connection, regardless of the me- the request of the Commission or the Coun- that arises in that action; and dium by or through which that connection is cil, cooperate as fully as possible with the (B) to file a petition for appeal. established. Council in its activities in carrying out the (3) AMICUS CURIAE.—Upon application to (7) THIRD PARTY.—The term ‘‘third party’’, study. the court, a person whose self-regulatory when used in reference to a commercial (e) FUNDING.—The Commission is author- guidelines have been approved by the Com- website operator, means any person other ized to be obligate not more than $1,000,000 to mission and are relied upon as a defense by than the operator. any defendant to a proceeding under this sec- carry out this section from funds appro- tion may file amicus curiae in that pro- priated to the Commission. Mr. KERRY. Mr. President, I am ceeding. SEC. 6. DEFINITIONS. pleased to join Senators MCCAIN, (c) CONSTRUCTION.—For purposes of bring- In this Act: BOXER and ABRAHAM in announcing ing any civil action under subsection (a), (1) COMMISSION.—The term ‘‘Commission’’ that today we will be introducing a bill nothing in this Act shall be construed to pre- means the Federal Trade Commission. that takes a positive, balanced ap- vent an attorney general of a State from ex- (2) COMMERCIAL WEBSITE OPERATOR.—The proach to the issue of Internet privacy. ercising the powers conferred on the attor- term ‘‘operator of a commercial website’’— There can be no doubt that consumers ney general by the laws of that State to— (A) means any person who operates a have a legitimate expectation of pri- (1) conduct investigations; website located on the Internet or an online vacy on the Internet. Our bill protects (2) administer oaths or affirmations; or service and who collects or maintains per- that interest. At the same time, con- (3) compel the attendance of witnesses or sonal information from or about the users of the production of documentary and other or visitors to such website or online service, sumers want an Internet that is free. evidence. or on whose behalf such information is col- For that to happen, the Internet, like (d) ACTIONS BY THE COMMISSION.—In any lected or maintained, where such website or television, must be supported by adver- case in which an action is instituted by or on online service is operated for commercial tising. Our bill will allow companies to behalf of the Commission for violation of purposes, including any person offering prod- continue to advertise, ensuring that we

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7671 don’t have a subscription-based Inter- tion to third parties. This bill empow- mation is collected, it is even more im- net, which would limit everyone’s on- ers consumers and lets them make in- portant that stringent privacy protec- line activities and contribute to a dig- formed decisions that are right for tions are in place. I have supported a ital divide. them. number of legislative efforts that If we recognize that the economy of By ensuring consumers have the would go far to protect this type of in- the Internet calls for advertising, we right to full disclosure and the right to formation. must also recognize that it won’t at- not have their personally identifiable Mr. ABRAHAM. Mr. President, today tract consumers if they believe their information sold or disclosed, this bill I rise to join with the Senator from Ar- privacy is being violated. Finding this addresses the most fundamental con- izona, the Senator from Massachusetts, fine balance of permitting enough free cerns many people have about online and the Senator from California in in- flow of information to allow ads to privacy. But I believe there are still a troducing the Consumer Privacy En- work and protecting consumers’ pri- number of important questions that we hancement Act. This legislation will vacy is going to be critical if the Inter- need to answer. The first is whether provide Americans with some basic— net is going to reach its full potential. there is a difference between privacy in but critically important—protections And I believe this bill strikes the right the offline and online worlds. for their personal information when balance. Most of us hardly think about it they are online. I think all of the bill’s cosponsors when we go to the supermarket, but Privacy has always been a very seri- were hopeful that self-regulation of when Safeway or Giant scans my dis- ous issue to American citizens. It is a Internet privacy would work. And I count card or my credit card, it has a concept enshrined in our Bill of Rights. think self-regulation still has an im- record of exactly who I am and what I As persons from all walks of life be- portant role to play. But it seems that bought. Should my preferences at the come increasingly reliant on com- now it is up to Congress to establish a supermarket be any more or less pro- puters and the Internet to perform ev- floor for Internet privacy. I have no tected than the choices I make online? eryday tasks, it is incumbent upon pol- doubt that many innovative high tech Likewise, catalog companies compile icymakers to ensure that adequate pri- companies and advertisers will go be- and use offline information to make vacy protections exist for consumers. yond the regulations for notice and marketing decisions. These companies We must ensure that our laws evolve choice we provide here. A number of rent lists compiled by list brokers. The along with technology and continue to companies in my home state of Massa- list brokers obtain marketing data and provide effective privacy protection for chusetts already do, providing con- names from the public domain and gov- consumers surfing the World Wide Web sumers with anonymity when they go ernments, credit bureaus, financial in- and using the Internet for commercial online. I applaud and encourage those stitutions, credit card companies, re- activities. efforts and am certain that if Congress tail establishments, and other cata- The American people are letting it be enacts this bill, they will continue. logers and mass mailers. known that they have mounting con- But technology and innovation won’t On the other hand, when I go to the cerns about their vulnerability in this address all the concerns people have shopping mall and look at five dif- digital age. They are very concerned about Internet privacy. Congress has ferent sweaters but don’t buy any of about the advent of this new high-tech the responsibility to ensure that core them, no one has a record of that. If I era we’ve entered and the new threats privacy principles are the norm do the same thing online, technology it potentially poses to our personal pri- throughout the online world. We need can record how long I linger over an vacy. And I believe there is a consensus to respond to the consumers who don’t item, even if I don’t buy it. Likewise, I building in Congress to begin to tackle shop on the Internet because they are can pick up any book in a book store the question of ensuring adequate pri- concerned about their privacy. This is and pay in cash and no one will ever vacy protections for individuals using necessary not only for the sake of the know my reading preferences. That the Internet. consumers, but for every online busi- type of anonymity can be completely ness that wants to grow and attract lost online. Whether we can find a similar con- customers. This bill requires the National Re- sensus on a particular legislative pro- The bill that we are introducing search Council to study the issue of on- posal remains to be seen. However, I today will encourage those skeptical line versus offline privacy, and make a think it is imperative that we begin to consumers to go online. This legisla- recommendation if there is a need for address this topic now and not simply tion will require Web sites to clearly additional legislation in either area. wait until Congress reconvenes next and conspicuously disclose their pri- Likewise, this bill requires the Coun- year before we take the issue up. So I vacy policies. People deserve to know cil to study the issue of access. While have joined my colleagues here in in- what information may be collected and there is general agreement that con- troducing legislation that I think ac- how it may be used so that they can sumers should have access to informa- complishes several important objec- make an informed decision before they tion they provided to a Web site, we tives. navigate around or shop on a par- still don’t know whether it’s necessary The most important provision, I be- ticular Web site. They shouldn’t have or proper for consumers to have access lieve, is its most elemental concept: to click five times and need to trans- to all of the information gathered We require that before consumers are late legalese before they know what a about an individual. Should consumers asked to provide personal information site will do with their personal infor- have access to click-stream data or so- about themselves, they must be given mation. Requiring disclosure has the called derived data by which a com- an opportunity to review the website’s added benefit of providing the FTC pany uses compiled information to privacy policy in order to learn how with an enforcement mechanism. If a make a marketing decision about the their information will be utilized. Web site fails to comply with its posted consumer? And if we decide consumers While many websites have privacy poli- disclosure policy, the FTC can bring an need some access to this type of infor- cies, including the vast majority of action against it for unfair or deceptive mation, is it technology feasible? Will those websites receiving the most traf- acts. This is the bare minimum of what there be unforeseen or unintended con- fic, there are still many websites out I believe consumers deserve and expect, sequences such as an increased risk of there that do not offer privacy policies and I don’t think this would have any security breaches? Will there be less, or adequate protections for consumers. unintended or negative consequences rather than more privacy due to the In addition, many of the privacy poli- on e-commerce. necessary coupling of names and data? cies that do exist are very lengthy and In addition, this bill addresses the I don’t we are ready to regulate until often quite confusing to consumers. core principle of choice by requiring we have some consensus on this issue. There are pages and pages of ambig- Web sites to offer consumers an easy to Finally, it is important to add that uous legalese and often seemingly con- use method to prevent Web sites from this bill in no way limits what Con- tradictory claims about how protected using personally identifiable informa- gress has done or hopefully will do with your information truly is. So our bill tion for marketing purposes and to pre- respect to a person’s health or finan- also calls on the Federal Trade Com- vent them from selling that informa- cial information. When sensitive infor- mission to ensure that privacy policies

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7672 CONGRESSIONAL RECORD — SENATE July 26, 2000 are ‘‘clear, conspicuous, and easily un- teacher by administrators and teachers salary, by rewarding experience, and by derstood,’’ and that any consent mech- who are knowledgeable about the indi- giving teachers opportunities to super- anisms shall be ‘‘easy to use, easily ac- vidual’s performance; and is currently vise others. A master teacher designa- cessible, and shall be available online.’’ teaching; and enters into a contract tion is a way to recognize outstanding Finally, this legislation recognizes and agrees to serve at least five more ability and performance. A master the importance of allowing the Inter- years. teacher position can give teachers a net industry to continue to promote The master teacher would help other professional goal, a higher level to pur- greater self-regulation and to develop teachers to improve instruction, sue. A 1996 report by the National Com- new technology means for to continue strengthen other teachers’ skills, men- mission for Teaching and America’s to evolve and to help us address legiti- tor lesser experienced teachers, develop Future said that creating new career mate consumer privacy concerns. curriculum, and provide other profes- paths for teachers is one of the best There have been several initiatives un- sional development. ways to give educators the respect they dertaken by industry leaders to get The intent of this bill is for districts deserve and to ensure that proven websites to develop and post privacy to pay each master teacher up to teaching methods spread quickly and policies and to give consumers the op- $20,000 on top of his or her regular sal- broadly. tion of when to provide information ary. Nationally, the average teacher In one survey of teachers which and for what uses. This legislation is salary is $40,582. In California, it is asked which factors make teachers designed to allow such efforts to con- $44,585. Elementary school principals stay in teaching, 79 percent of teachers tinue and to provide for technological receive $64,653 on average nationally said that respect for the teaching pro- advances in the area of privacy to ben- and $72,385 in California. The thrust of fession is needed in order to retain efit consumers. For instance, Ford and the master teacher concept in this bill qualified teachers. Eighty percent said other companies have been partici- is to pay teachers a salary closer to that formal mentoring programs for pating in the Privacy Leadership Ini- that of an administrator to keep good beginning teachers is key (Scholastic/ tiative whereby companies engaged on- teachers in teaching. Chief State School Officers’ Teacher line are working to establish industry The bill requires State and/or local Voices Survey, 2000). Over 70 percent of guidelines and protocols for protecting districts to match federal funds dollar teachers said that more planning time consumers privacy. Nothing we do here for dollar. It requires the U.S. Depart- with peers is needed to keep teachers today should inhibit such industry ef- ment of Education to give priority to in the classroom. This amendment forts. school districts with a high proportion should help. So with those critical features ad- of economically disadvantaged stu- IMPROVING RETENTION, REDUCING TURNOVER dressed, I believe the legislation we in- dents and to ensure that grants are Because of the higher pay and en- troduce today will be an important awarded to a wide range of districts in hanced prestige, a master teacher pro- stepping stone along the path of ensur- terms of the size and location of the gram can help to recruit and retain ing that Americans can be confident of school district, the ethnic and eco- teachers. Mentor systems provide new having their personal information will nomic composition of students, and the teachers with a support network, some- be protected when they go online. experience of the districts’ teachers. one to turn to. Studies indicate higher I urge my colleagues to review this There are several reasons we need retention rates among new teachers legislation and to support our efforts this bill. who participate in mentoring pro- to protect consumers against unwar- NEW TEACHERS NEED SUPPORT grams. According to Yvonne Gold of ranted intrusions into their personal First, new teachers face over- California State University-Long privacy when they are using their com- whelming responsibilities and chal- Beach, 25 percent of beginning teachers puters and surfing the Internet. lenges in their first year, but in the do not teach more than two years and I yield the floor. real world, they get little guidance. nearly 40 percent leave in the first five When first-year teachers enter the years. In the Rochester, New York, sys- By Mrs. FEINSTEIN (for herself, classroom, there is typically little help tem, the teacher retention rate was Mr. HOLLINGS, and Mr. INOUYE): available to them, in a year that will nearly double the national average five S. 2929. A bill to establish a dem- have a profound impact on the rest of years after establishing a mentoring onstration project to increase teacher their professional career. They are program. salaries and employee benefits for ‘‘out there alone,’’ virtually isolated in As Jay Matthews wrote in the May 16 teachers who enter into contracts with their classroom, thrown into an unfa- Washington Post, programs like this local educational agencies to serve as miliar school and classroom with a ‘‘can provide a large boost to the pro- master teachers; to the Committee on room full of new faces. By the current fession’s image for a relatively small Health, Education, Labor, and Pen- sink-or-swim method, new teachers amount of money.’’ These programs sions. often find themselves ill equipped to can keep good teachers in the class- MASTER TEACHER LEGISLATION deal with the educational and discipli- room, instead of losing them to school Mrs. FEINSTEIN. Mr. President, nary tasks of their first year. administration or industry. Larkspur, today Senators HOLLINGS, INOUYE, and In California, 23 percent of teachers California, School Superintendent Bar- I are introducing a bill to create a dem- in kindergarten through the third bara Wilson says she is ‘‘witnessing a onstration grant program to help grade are novices. Furthermore, we steady exodus to dotcom and other, school districts create master teacher have 30,000 inexperienced teachers on more lucrative industries.’’ (San Fran- positions. emergency credentials in California, cisco Chronicle, March 26, 2000). Our bill authorizes $50 million for a over ten percent of our teaching work- Higher salaries and prestige for mas- five-year demonstration program under force. ter teachers could deter the drain from which the Secretary of Education A new teacher can get experienced the classrooms. would award competitive grants to guidance from a master teacher who is HOLDING TEACHERS ACCOUNTABLE school districts to create master teach- paired with the new teacher. The mas- Another reason for this amendment er positions. Federal funds would be ter teacher can help plan lessons, im- is that teacher mentoring programs equally matched by states and local prove instructional methods, and deal can make teacher performance more governments so that $100 million total with discipline problems. ‘‘If you’re [a accountable. A master teacher can help would be available. Under the bill, 5,000 master teacher] teaching a class, then novice teachers improve their teaching master teacher positions could be cre- you can say, ‘last week I handled a dis- and get better student achievement. ated, or 100 per State, if each master cipline problem this way.’ It’s much ‘‘Teachers cannot be held accountable teacher were paid $20,000 on top of the more credible.’’ said Carl O’Connell, a for knowledge based, client-oriented current average teacher’s salary. New York mentor teacher. decisions if they do not have access to As defined in this amendment, a mas- ENHANCING THE TEACHING PROFESSION knowledge, as well as opportunities for ter teacher is one who is credentialed; Second, master teacher programs can consultation and evaluation of their has a least five years of teaching expe- bring more prestige to teaching as a work,’’ said Adam Urbanski, President rience; is judged to be an excellent profession, by increasing the teacher’s of the Rochester, New York, Teachers

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7673 Association. He went on: ‘‘Unsatisfac- ing difficulties in the classroom teach- seem interested in the problem, tory teacher performance often stems ing. According to the State Education strangely enough, was the EPA, which from inadequate and incompetent su- Agency, ‘‘the district has a lower rate at the time was in the process of dis- pervision. Administrators often lack of attrition than similar districts be- mantling its Arctic Contaminants pro- the training and the resources to su- cause of PAR.’’ (Promising Practices, gram. pervise teachers and improve the per- 1998). Unfortunately, because the job was formance of those who are in serious The funds provided in this bill can too big for any single agency, it was trouble.’’ supplement and expand existing State difficult to get the level of interagency Good teachers are key to learning. programs and help other States start cooperation necessary for a coordi- Lower math test scores have been cor- new programs. nated program. Moreover, agencies related with the percentage of math STUDENTS ARE THE WINNERS were unwilling to make a significant teachers on emergency permits and The true beneficiaries of master budgetary commitment to a program higher math test scores were linked teacher programs are the students and that wasn’t under their exclusive con- both to the teachers’ qualifications and that is, or course, our fundamental trol. If the Arctic Research Commis- to their years of teaching experience, goal. As stated in Rochester’s teaching sion, which recognized the need, had according to ‘‘Professional Develop- manual, the goal is ‘‘to improve stu- some funding of its own to leverage ment for Teachers, 2000.’’ dent outcomes by developing and main- agency participation and help to co- CALIFORNIA WOULD BENEFIT taining the highest quality of teaching, ordinate the effort, we would know far This bill could be very helpful in providing teachers with career options more about the Arctic contaminants California where one-fifth of our teach- that do not require them to leave problem than we do today. ers will leave the profession in three teaching to assume additional respon- Another example is the compelling years, according to an article in the sibilities and leadership roles.’’ need to understand the Bering Sea eco- February 9, 2000, Los Angeles Times. I believe this bill can begin to pro- system. Over the past 20 years we have California will need 300,000 new vide teachers the real professional sup- seen significant shifts in some of the teachers by 2010. ‘‘More students to port they need, can attract and retain populations comprising this ecosystem. teach, smaller classes, teachers leaving teachers and can bring to the profes- King crab populations have declined or retiring means that California sion the prestige it deserves. sharply. Pollock populations have in- school districts are now having to hire I urge my colleagues to join us in creased sharply. Steller sea lion popu- a record 26,000 new teachers each support of this bill. lations have declined as have many year,’’ says the report, ‘‘Teaching and types of sea birds. Scientists cannot California’s Future, 2000.’’ California’s By Mr. MURKOWSKI: tell us whether these population shifts enrollment is growing at three times S. 2931. A bill to make improvements are due to abiotic factors such as cli- the national rate. With these kinds of to the Arctic Research and Policy Act mate change, biotic factors such as demands, understaffing often leads to of 1984; to the Committee on Govern- predator-prey relationships, or some under qualified and new teachers enter- ment Affairs. combination of both. Because the na- ing the classroom. We have to do all we IMPROVEMENTS TO THE ARCTIC RESEARCH AND tion depends on this area for a signifi- can to attract and retain good teach- POLICY ACT OF 1984 cant portion of all its seafood, this is ers. Mr. MURKOWSKI. Mr. President, not an issue without stakeholders. De- EXAMPLES OF MASTER TEACHER PROGRAMS today I rise to introduce legislation to spite the chorus of interests and fed- California has instituted several pro- improve the operation of the Arctic Re- eral agencies that have said research is grams along these lines. California has search and Policy Act. We have about needed, a coordinated effort has not a program to help beginning teachers. 15 years of experience with this Act, yet occurred. If the Arctic Research It has grown from $5 million (sup- and the time has come to make some Commission, which recognized this porting 1,100 new teachers in 1992) to modifications to reflect the experience need early on, had some funding of its nearly $72 million (serving 23,000 new we have gained over that time. own to leverage agency participation teachers in 1999–2000). But even with The most important feature of this and help to coordinate the effort, we this increase, the program still does bill is contained in Section 4. This sec- would know far more about the Bering not serve all new teachers,’’ according tion authorizes the Arctic Research Sea ecosystem than we do today. to the report, Teaching and Califor- Commission, a Presidential Commis- This bill also makes a number of nia’s Future, 2000. sion, to make grants for scientific re- other minor changes in the Act: The Rochester City, New York, search. Currently, the Commission can Section 2 allows the Chairperson of school system has a Peer Assistance make recommendations and set prior- the Commission to receive compensa- and Review Program, begun by the ities, but it cannot make grants. Our tion for up to 120 days per year rather schools and the Rochester Teacher As- experience with the Act and the Com- than the 90 days per year currently al- sociation. The Rochester program is mission has shown us that research lowed by the Act. The Chairperson has working. ‘‘The evaluation is absolutely needs that do not fit neatly in a single a major role to play in interacting with spectacular. The program has been a agency do not get funded, even if they the Legislative and Executive branches terrific success. It has been deemed a are compelling priorities. of the government, representing the success by mentors, by the panel, by One example is a proposed Arctic Commission to non-governmental orga- the district, by the union, and, most contamination initiative that was de- nizations, in interacting with the State importantly, by the interns them- veloped a few years ago after we dis- of Alaska, and serving in international selves,’’ reported the newspaper, New covered that pollutants from the fora. In the past, chairpersons have York Teacher. Former Soviet Union—including radio- been unable to fully discharge their re- Delaware provides mentors for begin- nuclides, heavy metals and persistent sponsibilities in the 90 day limit speci- ning teachers. ‘‘Not only are beginning organic pollutants—were working their fied in the Act. teachers receiving the support they way into the Arctic environment. It be- Section 3 authorizes the Commission need, but the mentoring program is came clear that the job of monitoring to award an annual award not to ex- also developing networks among teach- and evaluating the threat was too big ceed $1,000 to recognize either out- ers within districts and across the for any single agency. The Interior De- standing research or outstanding ef- state, and the mentors have ‘a new en- partment, given its vast land manage- forts in support of research in the Arc- thusiasm’ for teaching,’’ as reported in ment responsibilities in Alaska, was in- tic. The ability to give modest awards ‘‘Promising Practices’’ in 1998. terested. The Commerce Department, will bring recognition to outstanding Columbus, Ohio, schools instituted a given the jurisdiction over fisheries efforts in Arctic Research which, in Peer Assessment and Review program issues, was interested. The Department turn, will help to stimulate research in similar to Rochester’s. It has two com- of Health and Human Services, given the Arctic region. This section also ponents: the intern program for all its concern about the health of Alas- specifies that a current or former Com- newly hired teachers and the interven- ka’s indigenous peoples, was inter- mission member is not eligible to re- tion program for teachers who are hav- ested. The only agency that didn’t ceive the award.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7674 CONGRESSIONAL RECORD — SENATE July 26, 2000 Section 5 authorizes official rep- does not seek any increase in the exist- penalties for repeat environmental vio- resentative and reception activities. ing authorization. It merely provides lators, or parties responsible for envi- Because the Commission is not author- the time necessary to prepare the plans ronmental catastrophes resulting in se- ized to use fund for these kinds of ac- on a more informed basis and avoid the rious injury, are too low. Indeed, paltry tivities, the Commission has experi- unintended hardship which would like- fines are insufficient deterrents for enced embarrassment when they were ly result from the 2002 deadline. large corporations or parties that re- unable to reciprocate after their for- Mr. President, I ask unanimous con- peatedly commit environmental eign counterparts hosted a reception or sent that the bill be printed in the crimes. Between 1994 and 1998, New Jer- lunch on their behalf. Under this provi- RECORD. sey had 774 repeat violators—more sion, the Commission may spend not There being no objection, the bill was than any other State in the nation. more than two tenths of one percent of ordered to be printed in the RECORD, as This lack of deterrence has serious re- its budget for representation and recep- follows: percussions for the environment and tion activities in each fiscal year. S. 2933 public health. Mr. President, the Arctic Research Be it enacted by the Senate and House of Rep- To provide a real safeguard against and Policy Act and the Arctic Research resentatives of the United States of America in these repeat violators, today I will in- Congress assembled, Commission has worked well over the troduce the ‘‘Zero Tolerance for Repeat SECTION 1. REMEDIAL ACTION AT ACTIVE URA- Polluters Act of 2000.’’ This legislation past 15 years. It can work even better NIUM AND THORIUM PROCESSING with these modest changes. I look for- SITES. will create stiffer penalties for repeat ward to working with my colleagues to Section 1001(b) of the Energy Policy Act of violators of environmental safeguards enact this bill as soon as possible. 1992 (42 U.S.C. 2296a(b)) is amended— and provides penalties that will more (1) in paragraph (1)(B)— accurately reflect the costs to public By Mr. NICKLES: (A) in clause (i), by striking ‘‘2002’’ and in- health and the environment of cata- S. 2933. A bill to amend provisions of serting ‘‘2007’’; and strophic events. The bill also gives the the Energy Policy Act of 1992 relating (B) in clause (ii), by striking ‘‘placed in es- EPA emergency order and civil action crow not later than December 31, 2002,’’ and authority to address imminent and to remedial action of uranium and tho- inserting ‘‘incurred by a licensee after De- rium processing sites; to the Com- cember 31, 2007,’’; and substantial endangerments of health mittee on Energy and Natural Re- (2) in paragraph (2)(E)(i), by striking ‘‘July and environment and creates a new sources. 31, 2005’’ and inserting ‘‘December 31, 2008’’. EPA trust fund into which recovered TO AMEND PROVISIONS OF THE ENERGY POLICY funds can be used to address other sig- ACT OF 1992 By Mr. TORRICELLI: nificant threats. Mr. NICKLES. Mr. President, I rise S. 2934. A bill to provide for the as- Repeat environmental polluters that today to introduce a bill to amend pro- sessment of an increased civil penalty negligently endanger the public with visions of the Energy Policy Act of 1992 in a case in which a person or entity their actions or inaction will not be relating to remedial action of active that is the subject of a civil environ- tolerated. No individual or business uranium and thorium processing sites. mental enforcement action has pre- should be able to endanger the public’s On October 24, 1992, President Bush viously violated an environmental law health and safety with only the threat signed the National Energy Policy Act or in a case in which a violation of an of a slap on the wrist hanging over of 1992 (EPACT) into law. Title X of environmental law results in a cata- them. The ‘‘Zero Tolerance for Repeat EPACT authorized the Department of strophic event; to the Committee on Polluters Act of 2000’’ goes a long way Energy to reimburse uranium and tho- Environment and Public Works. towards ensuring that public health rium processing licensees for the por- THE ZERO TOLERANCE FOR REPEAT POLLUTERS and the environment are truly pro- ACT OF 2000 tion of the costs incurred in the reme- tected for future generations. Mr. TORRICELLI. Mr. President, I diation of mill tailings, groundwater rise today to draw attention to the in- By Mr. GRAHAM (for himself, and other by-product material gen- creased number of environmental en- Mr. GRASSLEY, Ms. MIKULSKI, erated as a result of sales to the federal forcement actions brought against re- Mr. BAYH, Mr. BREAUX, Ms. government pursuant to the Atomic peat violators in the United States. COLLINS, and Mr. AKAKA): Energy Commission’s procurement pro- In 1970, many of America’s rivers and S. 2935. A bill to amend the Employee gram. lakes were dying, our city skylines Retirement Income Security Act of The Title X reimbursement program were disappearing behind a shroud of 1974, the Internal Revenue Code of 1986, has worked very well. The licensees smog, and toxic waste threatened and the Public Health Service Act to have completed much of the surface countless communities. Today, after a increase Americans’ access to long reclamation at the Title X sites. How- generation of environmental safe- term health care, and for other pur- ever, increasingly stringent remedi- guards, our rivers and lakes are becom- poses; to the Committee on Finance. ation standards and groundwater de- ing safe for fishing and swimming THE OMNIBUS LONG-TERM CARE ACT OF 2000 contamination programs have signifi- again. Millions more Americans enjoy Mr. GRAHAM. Mr. President, it is cantly increased the cost and time nec- clean air and safe drinking water, and with great pleasure that I rise today to essary to complete remediation at many of our worst toxic dumps have introduce the Omnibus Long-term Care many sites. Under current law, in order been cleaned. Yet more remains to be Act of 2000 with my colleagues Sen- for a licensee to be eligible to recover done before we can truly say our envi- ators GRASSLEY, MIKULSKI, BAYH, the federal share of remediation costs ronment is a healthy environment. BREAUX, COLLINS, and AKAKA. incurred subsequent to December 31, Indeed, in 1997 alone, over 11,000 envi- Americans in need of long-term care 2002, the licensee must describe and ronmental enforcement actions had to now face a fragmented and inadequate quantify all costs expected to be in- be taken at the State and Federal lev- system of state and federal programs. curred throughout the remainder of the els. Sadly, it is also becoming much This is no longer acceptable. Millions site’s cleanup in a plan for subsequent more common for the defendants in are struggling today to meet their remedial action. This plan must be sub- these actions to be repeat violators. long-term care needs, and these num- mitted to the Department of Energy For instance, in 1994, a chemical com- bers will grow dramatically as the before December 31, 2001 and approved pany in New Jersey was fined $6,000 for country ages. While Medicare reform is prior to December 31, 2002. environmental violations. Just four important, we will have accomplished This bill would amend Title X to ex- years later, the same chemical com- little if we address seniors’ acute care tend the date, from 2002 to 2007, pany was again cited for an environ- needs, but then leave them to suffer in through which licensees can submit mental crime—releasing cresol into the poverty when they require long-term claims for reimbursement under the air. Unfortunately, this time 53 chil- care. procedures now in place and extend the dren and 5 adults had to be hospitalized I am pleased to introduce bipartisan date until December 31, 2007 that li- and the EPA had to evacuate the local legislation that demonstrates the Sen- censees must submit their plans for community. ate’s commitment to addressing this subsequent remedial action to the De- Incidents such as this are becoming issue in a comprehensive way. The Om- partment of Energy. This legislation all too common. Under current law, the nibus Long-term Care Act of 2000 will

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7675 help millions of seniors and their care- to meet Americans’ future long-term leagues in the House to pass the OAA givers who are struggling in our com- care needs; and includes a Sense of the reauthorization in September, I want munities, while also encouraging all Senate affirming the body’s commit- to strongly urge fellow appropriators Americans to better plan for their own ment to ensuring seniors’ physical, in the House and Senate to fund these retirements. emotional, and financial well-being in vital caregiver support services as Many seniors move to Florida with the new century. close as possible to the full funding plans of a comfortable retirement, but The long-term care crisis we face level of $125 million. Millions of Ameri- all too often, these hopes are never re- demonstrates that we have neglected cans are waiting for Congress to act. alized. A stroke or Alzheimer’s Disease this issue for far too long. But we must Second, I think it is important that strikes and a family is quickly over- act now. The large number of seniors this bill includes the Long-Term Care whelmed by their long-term care costs and their caregivers who are suffering Security Act. This bill would enable and responsibilities. To complicate in our communities today and the fu- federal and military workers, retirees, matters, many spouses of disabled sen- ture needs of the Baby Boomers require and their families to purchase long- iors are frail themselves, and so find it it. A big problem requires a big solu- term care insurance at group rates increasingly difficult to meet the needs tion, and this bill helps protect seniors (projected to be 15–20 percent below the of their loved ones. today and in the future. private market). It would create a Caregiving is also a huge concern for All of the cosponsors of this legisla- model that private employers can use the millions of Americans in the sand- tion have championed the need to meet to establish their own long-term care wich generation, those who are caring seniors’ long-term care needs. The fact insurance programs. As our nation’s both for their children and their par- that we have all come together in a bi- largest employer, the federal govern- ents, while also balancing work obliga- partisan manner demonstrates that the ment can be a model for employers tions. Almost one-third of all care- Senate is committed to addressing this around the country whose workforce givers is juggling employment and issue in a meaningful way. I look for- will be facing the same long-term care caregiver responsibilities, and of this ward to working with my colleagues needs. Starting with the nation’s larg- group, two-thirds have conflicts that and the many organizations that sup- est employer also raises awareness and require them to quit work, cut hours, port this bill to make comprehensive education about long-term care op- or turn down promotions. long-term care reform a reality. tions. It is clear that too many Americans Ms. MIKULSKI. Mr. President I rise Yesterday, the Senate passed the are now being forced to sacrifice their as a proud original cosponsor of the Long-Term Care Security Act (H.R. health and their careers to care for Omnibus Long-Term Care Act of 2000. I 4040). I am proud to be the lead Demo- their loved ones. To help, this bill: pro- am very pleased to join Senators GRA- cratic sponsor of the Senate companion to this bill, S. 2420, because it gives vides the disabled or their caregivers HAM, GRASSLEY, BAYH, COLLINS, people choices, flexibility, and secu- with a $3,000 long-term care tax credit; BREAUX, and AKAKA to introduce this implements the National Family Care- bipartisan legislation that provides a rity. Families will have an additional giver Support Program, which will pro- comprehensive approach to the long- option available to them as they look vide caregivers with information and term care of our nation’s citizens. I am at their long-term care choices. This services to help them meet their re- committed to finding long-term solu- provision would also help reduce reli- ance on federal programs, like Med- sponsibilities; increases Social Services tions to the long-term care problem in icaid, so the American taxpayer bene- Block Grant funding for community- our country. I like this bill because it meets the fits. based long-term care services; and en- This legislation also provides people day-to-day needs of Marylanders and sures that seniors can return to their with flexibility because it allows them the long-range needs of our country. At nursing home after hospitalization. to receive care in different types of set- This bill can also avert the long-term least 5.8 million Americans aged 65 and tings. They may choose to be cared for care crisis that will result if we do older currently need long-term care. in the home by a family caregiver—or nothing to prepare for the aging of the While this legislation has many impor- they may need a higher level of care Baby Boomers. Millions who are strug- tant provisions, I would like to high- that nursing homes and home health gling to care for their parents today light three of its features: the National care services provide. Different plan re- will soon need long-term care them- Family Caregiver Support Program, imbursement options will ensure max- selves. Baby Boomers had a higher di- long-term car insurance for federal em- imum flexibility that meet the unique vorce rate and fewer children than to- ployees, and the ‘‘return to home’’ pro- health care needs of the beneficiary. day’s seniors, so they will not have the vision. Long-term care insurance also pro- same support network that today’s re- First, this bill would establish the vides families with some security. tirees enjoy. National Family Caregiver Support Family members will not be burdened With more seniors needing more paid Program. I am proud to have sponsored by trying to figure out how to finance help in the future, costs will sky- and cosponsored this legislation pre- health care needs—and beneficiaries rocket. According to the Congressional viously in this Congress. This program will be able to make informed decisions Budget Office, individual out-of-pocket will provide respite care, training, about their future. costs for long-term care could nearly counseling, support services, informa- Finally, I am pleased that the bill we double from $43 billion today to $82 bil- tion and assistance to some of the mil- have introduced includes bipartisan lion in 2020, and government’s costs lions of Americans who care for older legislation that I have previously spon- could increase from $73 billion to $125 individuals and adult children with dis- sored, the Seniors’ Access to Con- billion in the same period. It is clear abilities. In fact, eighty percent of all tinuing Care Act (S. 1142). This legisla- that future retirees and the govern- long-term care services are provided by tion protects seniors’ access to treat- ment cannot afford business as usual. family and friends. This program has ment in the setting of their choice and We must ask all Americans to take strong bipartisan support, will get be- ensures that seniors who reside in con- more responsibility for their own long- hind our nation’s families, and give tinuing care communities, and nursing term care needs. To help bring this help to those who practice self-help. and other facilities have the right to about, this bill: offers a tax deduction As Ranking Member of the Sub- return to that facility after a hos- for the premiums of long-term care in- committee on Aging, I am pleased to pitalization, even if the insurer does surance policies; provides long-term report that last week the Health, Edu- not have a contract with the resident’s care insurance to federal employees; cation, Labor, and Pensions Committee facility. authorizes a national public informa- unanimously approved a bipartisan bill Across the country seniors in man- tion campaign to educate employers to reauthorize the Older Americans Act aged care plans have discovered too and employees about the benefits of (OAA). This bill included the caregiver late that after a hospital stay, they long-term care coverage; mandates a support program which is strongly sup- may be forced to return to a facility in federal survey to determine whether ported by the entire aging community. the plan’s provider network and not to cities and counties are ‘‘elder-ready;’’ As I work with Senators JEFFORDS, the continuing care retirement com- calls for studies to determine how best KENNEDY, and DEWINE and our col- munity or skilled nursing facility

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7676 CONGRESSIONAL RECORD — SENATE July 26, 2000 where they live. No senior should have and adults under the age of 65 also re- lighted that similar legislation pro- to face this problem. In Maryland quire long-term care because of health viding long-term care insurance for alone, there are over 12,000 residents in conditions from birth or a chronic ill- federal employees and military per- 40 continuing care retirement commu- ness developed later in life. Only 12 per- sonnel is included in Senator GRAHAM’s nities and 24,000 residents in over 200 li- cent receive care in nursing homes or bill, and I welcome the opportunity to censed nursing facilities. I have visited other institutional settings. join with him in helping Americans many of these facilities and heard from The need for long-term care is great. meet their long-term care needs in a residents and operators about this seri- In 20 years, one in six Americans will dignified manner. ous and unexpected problem. be age 65 or older. By the year 2040, the The bill introduced today provides a Residents choose and pay for facili- number of Americans age 85 years or comprehensive effort to address our ties like continuing care retirement older will more than triple to over 12 citizens’ long-term care needs. Among communities (CCRC’s) for the con- million. The cost of nursing home care its provisions are the authorization of tinuum of care, safety, security, and now exceeds $40,000 per a year in most a phased-in tax deduction for the pre- peace of mind. Hospitalization is trau- parts of the country, and home care miums of qualified long-term care in- matic. Friends, family, and familiar visits for nursing or physical therapy surance, implementation of the Na- staff and faces are crucial to a speedy runs about $100 per visit. In 1996, over tional Family Caregiver Support Pro- recovery. Where you return after a hos- $107 billion was spent on nursing homes gram, restoration of $2.38 billion au- pital stay should be based on humanity and home health care. However, this thorization for the Social Services and choice, not the managed care com- figure does not take into account that Block Grant, and creation of a national pany’s bottom line. over 80 percent of all long-term care public information campaign. Specifically, the Seniors’ Access to services are provided by family and Mr. President, I am pleased to be an Continuing Care Act protects residents friends. original sponsor of this bill. of CCRC’s and nursing facilities by: en- In my own state of Hawaii, 13.2 per- abling them to return to their facility cent of the population is 65 years and By Mr. ROBB (for himself, Mr. after a hospitalization; and requiring older. Although Hawaii enjoys one of DASCHLE, Mr. BAUCUS, Mr. the resident’s insurer or managed care the highest life expectancies—79 years, BREAUX, Mr. DODD, Mr. DORGAN, organization (MCO) to cover the cost of compared to a national average of 75 Mr. JOHNSON, Mr. KENNEDY, Mr. the care, even if the insurer does not years—the state’s rapidly aging popu- KERREY, Mr. KERRY, Mr. LEAHY, have a contract with the resident’s fa- lation will greatly impact available re- Mr. LIEBERMAN, Mrs. LINCOLN, cility. Certain conditions must be met. sources for long-term care, both insti- Mr. REID, Mr. ROCKEFELLER, This legislation also requires an in- tutional and from non-institutional Mr. SCHUMER, Mr. TORRICELLI, surer or MCO to pay for a service to sources. Hawaii’s long-term care facili- Mr. HARKIN, and Mr. BAYH): one of its beneficiaries, without a prior ties are operating at full capacity. Ac- S. 2936. A bill to provide incentives hospital stay, if the service is nec- cording to the Hawaii State Depart- for new markets and community devel- essary to prevent a hospitalization of ment of Health, the average occupancy opment, and for other purposes; to the the beneficiary and the service is pro- rate peaked at 97.8 percent in 1994. But Committee on Finance. vided as an additional benefit. Lastly, occupancy remains high. By 1997, the CREATING NEW MARKETS AND EMPOWERING the bill requires an insurer or MCO to average occupancy dropped to 90 per- AMERICA ACT OF 2000 provide coverage to a beneficiary for cent. Mr. ROBB. Mr. President, I rise services provided at a facility in which These statistics point to the over- today to introduce the Creating New the beneficiary’s spouse already re- riding need to help American families Markets and Empowering America Act sides, even if the facility is not under provide dignified and appropriate care of 2000, which is designed to strengthen contract with the MCO. Certain re- to their parents and relatives. We know and revitalize low and moderate in- quirements must be met. These provi- that the demand for long-term care come communities across America. sions are an important part of our safe- will increase with each passing year, Because we made some tough choices ty net for seniors. and that federal, state, and local re- to balance our budget, we have the I want to salute the strong leadership sources cannot cover the expected first federal surplus since Lyndon of the other cosponsors of this legisla- costs. Nursing home costs are expected Johnson was President. And now is the tion who have authored various provi- to reach $97,000 by the year 2030. time to give some back, particularly to sions of this comprehensive bill that What Congress can do, however, it those who have missed out on so much we have joined together to introduce make long-term care insurance avail- of our economic prosperity. This legis- today. I know that all the cosponsors able to a broad segment of the popu- lation would pump new capital into our are sincerely committed, as I am, to lation. As the ranking minority mem- nation’s inner cities and isolated rural addressing the challenges facing our ber of the Subcommittee on Federal communities—areas that have had a aging population. I look forward to Services, I co-chaired a hearing on difficult time building up from within. working with all of them to enact this long-term care insurance on May 16, The legislation contains three ‘‘New important legislation. 2000. We heard testimony on S. 2420, Markets’’ initiatives designed to at- Mr. AKAKA. Mr. President, it is with legislation to authorize the Office of tract and expand new capital into low great pleasure that I cosponsor the Personnel Management to contract to moderate income areas. First, a New Omnibus Long-term Care Act of 2000, with one or more insurance carriers for Markets Tax Credit would infuse $15 introduced by Senator GRAHAM. The long-term care insurance for federal billion in investments over the next 7 cosponsors of this legislation are well- and military personnel and their fami- years through a 30 percent tax credit known for their commitment to en- lies. As a cosponsor of that bill, I am for businesses who provide capital to couraging all Americans to prepare for pleased that just last night, the Senate lower income communities. Secondly, their own long-term needs. passed our measure after substituting the bill authorizes the designation of Many Americans mistakenly believe the text of S. 2420 under H.R. 4040, the America’s Private Investment Compa- that Medicare and their regular health House long-term care bill for the fed- nies (APIC’s) which would receive fed- insurance programs will pay for long- eral family. The bill, as amended, also eral matching funds for private invest- term care. They do not. Although includes provisions of S. 1232, the Fed- ments made in lower income areas. Medicare provides some long-term care eral Erroneous Retirement Coverage This provision would allow $1 billion in support, an individual generally must Corrections Act, which I cosponsored federal low-cost loans to match $500 ‘‘spend-down’’ his or her income and with Senator COCHRAN last year. These million in private investment. Thirdly, assets to qualify for coverage. provisions will provide relief to the es- the bill would create a new class of More and more Americans are requir- timated 20,000 federal employees who, venture capital funds to assist with the ing long-term care. About 6.4 million through no fault of their own, found operation and administration of ongo- Americans, aged 65 or older, require themselves in the wrong retirement ing businesses in lower income areas, some long-term care due to illness or system. H.R. 4040, as amended, offer a who have growth potential, so they can disability. Over five million children model for the private sector. I am de- continue to expand.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7677 The bill also requires mandatory prove the lives of countless Americans. come from begin locally. Economic de- funding for Round II Empowerment I urge my colleagues to support this velopment initiatives must be bottom- Zones (EZ’s) and Enterprise Commu- important legislation. up and not top-down or they just will nities (EC’s) and creates a new set of Mr. BAUCUS. Mr. President, I rise not work. Round III EZ’s. today to cosponsor the Creating New It is for these three reasons that I am Mr. President, the mandatory fund- Markets and Empowering America Act cosponsoring this legislation. The New ing of Round II Empowerment Zones is of 2000. We are living in a time of un- Markets proposals are a quick and effi- critically important to the citizens of precedented prosperity. However this cient way to leverage the necessary in- Norfolk and Portsmouth, Virginia. The prosperity has not reached every Amer- vestment in lower-income communities Federal Government made a commit- ican equally. The boom on Wall Street through private/public partnerships. ment to these two communities—they has not reached Main Street in many And it will give these communities the need and deserve the funding—and I am regions of our nation. The problem is tools they need to map their own eco- determined to get the check in the quite simple. Many of our lower income nomic destiny and create the better mail to them. With this legislation, the communities are unable to attract the paying jobs that are so desperately Norfolk-Portsmouth Empowerment investment capital that is allowing needed. Zone would be guaranteed the remain- more affluent areas to flourish. As the Two portions illustrate the private/ ing $94 million it was promised when it United States economy continues to public partnership. On the public side, competed for the Empowerment Zone grow it has become more and more ap- the Trade Adjustment Assistance pro- designation. parent that attracting capital to these vision will enhance the ability of each The legislation I’m introducing today communities is one of the largest chal- community to be proactive in crafting also creates 40 Renewal Communities— lenges facing the private sector and all a long-term strategy for economic de- which reflect the agreement between levels of government. velopment. This is crucial for commu- President Clinton and Speaker It is important to keep in mind that nities and regions in rural areas that HASTERT—along with a host of tax pro- this is not just an urban problem. are natural resource dependent and visions to expand and revitalize hous- Many rural communities, especially have suffered severe employment losses ing. those that rely on agriculture, are in the past decade. For the private sec- Very important to my home state of watching their jobs disappear with tor, the New Markets tax credit will Virginia, this bill contains legislation I nothing on the horizon in the form of create opportunity by providing a tan- introduced earlier this year (S. 2445) to new business or industry to offer much gible incentive for companies to take a assist communities affected by job loss hope. My home state of Montana is fac- serious look at areas of the country due to trade. The Assistance in Devel- ing this economic turmoil right now. A that are currently being ignored. opment for Communities Act (AID for state that was built on agriculture, In closing, this legislation will pro- Communities Act) both assists commu- mining, and timber has watched these vide the necessary ingredients for revi- nities in developing a plan to retool industries diminish to the point that talizing America’s less fortunate rural their economies and offers financial as- Montana is now 50th in per-capita in- areas. It will help target investment to sistance and tax incentives to help come relative to other states—dead these communities and it will allow communities implement those plans. last. them the flexibility to build their Mr. President, the AID for Commu- We often hear the phrase ‘‘digital di- economies on their terms and their nities Act is immensely important to vide.’’ Well, Montana is standing on ability. I commend my colleague from the people of Martinsville, Virginia— the edge of an economic divide, but we Virginia, Senator ROBB, for intro- who have suffered economic devasta- are not quitters. Montana has much to ducing such proactive legislation that tion from the recent closing of a Tultex offer. We have an unparalleled quality addresses several of the most urgent plant. This bill would give the citizens of life, a highly-educated work force, a issues facing economically troubled of Martinsville the urgent assistance burgeoning high-tech sector, and top- areas. Finally, I urge my colleagues to they need to strengthen their economy notch schools. In many respects, we are work together and pass this legislation and create a more vibrant future for all right on the cusp of an economic up- so that states like Montana can begin who live there. swing. However, we are having an ex- their long climb back up to economic Finally, Mr. President, this legisla- tremely difficult time attracting the stability and prosperity. tion includes two new initiatives to investment capital that we need to be- Mr. KERRY. Mr. President, today I help religious and other community or- come a partner in the Internet main- join Senator ROBB and 16 other col- ganizations better participate in fed- stream, create good paying jobs, and leagues to introduce comprehensive eral grant programs. Specifically, it re- truly turn the economic corner. legislation aimed at spurring economic quires the Substance Abuse and Mental This past June over the course of two development and person empowerment Health Services Administration to pro- days, I convened a Montana Economic in our inner cities and isolated rural vide assistance in a manner similar to Development Summit that brought to- areas. Our economy is booming, and HUD’s Office of Community and Faith- gether not only our state’s leaders and has been for most of the 90s, yet there Based Organizations to assist faith- decision makers, but also outside ex- are still individuals and families who based and community organizations in perts in various disciplines in an effort are struggling. applying for federal grant funds to pro- to build a road map for improving Mon- What we’ve tried to do is develop eco- vide substance abuse treatment. It tana’s economy. We covered many nomic incentives that will encourage would also require the IRS to provide issues, but primarily focused on high- business development and remove bar- guidance and make information avail- tech, business development, and mar- riers that make it hard for entre- able to assist religious and community keting and trade. We tackled tough preneurs, community organizations organizations in establishing tax-ex- questions such as how we retain and and individuals to build healthy com- empt entities that can be used to oper- support our current businesses and also munities. ate social services. attract new businesses that truly fit Among the many important initia- Many of these organizations are un- with Montanans and their values. tives in this bill is my new markets familiar with the process necessary to Three points came up time and again. legislation that I introduced last Sep- set up a tax-exempt organization and First, the need for and inability to get tember, S. 1594, the Community Devel- are, therefore, unable to participate in the necessary investment capital. We opment and Venture Capital Act, federal grant programs. This provision simply do not have the population or which passed the Senate Committee on would provide them with the necessary resources available that larger states Small Business today, and as part of information and assistance. enjoy. Second, our window of oppor- the Clinton/Hastert package in the Mr. President, the ‘‘Creating New tunity is closing. Time moves faster House yesterday. It also includes full Markets and Empowering America Act than it used to and if we don’t act funding for Round II of Empowerment of 2000’’ will spur economic growth in quickly the world will move right past Zones. low to moderate income communities us. Third, and most importantly, any The Community Development and across our nation. As such, it will im- action or strategy that we take must Venture Capital Act has three parts: a

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7678 CONGRESSIONAL RECORD — SENATE July 26, 2000 venture capital program to funnel in- mittee, and have been working with In Chittenden County, one of vestment money into distressed com- the SBA to achieve, is expand invest- Vermont’s most populated areas, resi- munities; Senator WELLSTONE’s pro- ment in our neediest communities by dents face a rental vacancy rate of less gram to expand the number of venture building on the economic activity cre- than one percent. Housing costs are so capital firms and professionals who are ated by loans. I think one of the most expensive, middle income families are devoted to investing in such commu- effective ways to do that is to spur ven- being forced into hotels, college dorms, nities; and a mentoring program to ture capital investment in our neediest homeless shelters, or left out on the link established, successful businesses communities. I am very glad that Sen- street. Sadly, this is a situation that is with small businesses owners in stag- ator ROBB and my other colleagues being repeated nationwide. nant or deteriorating communities in agreed to include this powerful eco- As funding for other federal housing order to facilitate the learning curve. nomic development plan in this legisla- assistance programs has diminished, The venture capital program is mod- tion. states depend more and more on the eled after the Small Business Adminis- Switching to another provision in LIHTC and private activity bonds to fi- tration’s successful Small Business In- this bill, this legislation builds on the nance affordable housing projects. The vestment Company program. As SBA President’s and Speaker’s agreement LIHTC has been extremely successful Administrator Alvarez pointed out just by securing full, mandatory funding for since its enactment as part of the Tax last week in a Small Business Com- Massachusett’s Empowerment Zone. As Reform Act of 1986. Today, the LIHTC mittee hearing, the SBIC program has I said earlier, this passed the full House is one of the primary tools that states been so successful that it has generated yesterday by a vote of 394 to 27. Full, have to attract private investment in more than $19 billion in investments in mandatory funding is important be- affordable rental housing. In Vermont, more than 13,000 businesses since 1992. cause, so far, the money has dribbled the LIHTC has made possible the pro- And, in the past five years, the SBIC in—only $6.6 million of the $100 million duction, rehabilitation, and preserva- participating securities program has authorized over ten years—and made it tion of over 2,600 affordable apartments returned $224 million in profits, vir- impossible for the city to implement a since 1987. Unfortunately this credit tually paying for itself for the past plan for economic self-sufficiency. has not been increased since its cre- nine years. Some 80 public and private entities, ation nearly fourteen years ago. Today, As successful as that program is, it from universities to technology compa- the demand for tax credits far exceeds does not sufficiently reach areas of our nies to banks to local government, their availability. This year in country that need economic develop- showed incredible community spirit Vermont, over $2.5 million in credits ment the most. One, out of the total and committed to matching the EZ $4.2 billion that SBICs invested last were requested but only $718,000 were money, eight to one. Let me say it an- year, only 1.6 percent were deals of less available. other way—these groups agreed to I am pleased that this bill raises the than $1 million dollars in LMI areas. match the $100 million in Federal Em- annual per capita allocation of tax Two, only $1.1 million of that $4.2 bil- lion went to LMI investments in rural powerment Zone money with $800 mil- credits from $1.25 to $1.75 and indexes areas. Three, in 1999, 85 percent of SBIC lion. Yet, regrettably, in spite of this the credit to inflation. In addition to deals were $10 million and more. incredible alliance, the city of Boston the increased per capita allocation, I In broader terms, the economy is has not been able to tap into that le- hope to work a small state minimum. booming. Since 1993, almost 21 million veraged money and implement the Such a floor would help to ensure that jobs have been created. Since 1992, un- strategic plan because Congress hasn’t small states like Vermont have access employment has shrunk from 7.5 per- held up its part of the bargain. I am ex- to the resources they need to provide cent to 4 percent. In the past two tremely pleased that we were able to affordable housing for every resident in years, we’ve paid down the debt $140 work together and find a way to pro- need. billion, and CBO currently projects a vide full, steady funding to these zones. Private activity bonds also play an surplus of $176 billion. Some estimates That money means education, daycare, important role in providing affordable even say more than $2 trillion. In spite transportation and basic health care in housing for Vermonters. In 1986 the of these impressive numbers, one out of areas—in Massachusetts that includes Federal Tax Reform Act limited the five children grows up in poverty and 57,000 residents who live in Roxbury, amount of tax-exempt bonds that each there are pockets of America where un- Dorchester and Mattipan—where al- state could issue to no more than $50 employment is as high as 14 percent. most 50 percent of the children are liv- per capita. There has not been an infla- We can make a difference by invest- ing in poverty and nearly half the resi- tion adjustment to the cap since its in- ing in a new industry of community de- dents over 25 don’t even have a high ception. The Vermont Housing Finance velopment venture capital funds that school diploma Agency (VHFA) has issued over $1.25 target investment capital and business Mr. President, I thank my colleagues billion in private activity bonds since expertise into low- and moderate-in- for their work on this important legis- 1974, bonds which have helped make the come areas to develop and expand local lation. dream of home ownership a reality for businesses that create jobs and allevi- Mr. LEAHY. Mr. President, I rise over 20,425 Vermont households. I am ate economic distress. The existing 25 today to give my support to the Cre- pleased that this bill includes a cap in- or 30 community development venture ating New Markets and Empowering crease from $50 to $75 per capita which capital funds have set out to dem- America Act of 2000. In a time of un- will help Vermont’s finance agencies onstrate that the same model of busi- precedented economic prosperity, there continue this success. ness development that has driven eco- are too many communities in this na- Again, I am proud to be a cosponsor nomic expansion in Silicon Valley and tion that are beleaguered by crumbling of this bill which will offer many Route 128 Massachusetts can also make infrastructures and stagnant econo- households, businesses and commu- a powerful difference in areas like the mies. This legislation will help attract nities new opportunities as we enter inner-city areas of Boston’s Roxbury or capital, produce much-needed housing, the 21st century. I urge my colleagues New York’s East Harlem, or the rural and encourage private investment to to join me in support of this legisla- desolation of Kentucky’s Appalachia or communities most in need. tion. Mississippi’s Delta region. I am proud to join in cosponsoring Federal Reserve Board Chairman this legislation and would like to By Mr. DOMENICI (for himself, Alan Greenspan says ‘‘Credit alone is thank Senator ROBB for all his hard Mr. WYDEN, Mr. GRASSLEY, and not the answer. Businesses must have work in crafting this bill. Of particular Mr. KERREY): equity capital before they are consid- importance to my home state of S. 2937. A bill to amend title XVIII of ered viable candidates for debt financ- Vermont are increases in the Low In- the Social Security Act to improve ac- ing.’’ He emphasizes that this is par- come Housing Tax Credit and Private cess to Medicare+Choice plans through ticularly important in lower-income Activity Bond cap. an increase in the annual communities. Vermont is currently in the middle of Medicare+Choice capitation rates and What I’m trying to do as Ranking an affordable housing crisis. Produc- for other purposes; to the Committee Member of the Small Business Com- tion has stalled and demand has risen. on Finance.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7679 THE MEDICARE GEOGRAPHIC FAIR PAYMENT ACT ment is different. We are not trying to first year. I say to the thousands of OF 2000 take the pie, leave it the same size, and seniors who may be able to keep their Mr. DOMENICI. Mr. President, I rise say those who are getting more money insurance and be under this kind of today with some very distinguished have to cut back. Rural areas are even program, that is a pretty good bargain. colleagues from both sides of the lower and are expected to provide the Over 5 years, it will cost $3.7 billion. aisle—Senator WYDEN, who is here, and same level of benefits or nearly half It also includes a third provision Senator GRASSLEY, who is not here— the reimbursement. which I ask Senators to look at. It is who are cosponsors of this measure, There were seniors who had a mar- the product of some very wise thinking along with Senator BOB KERREY of Ne- velous Medicare+Choice Program. Why by Senator Grassley. It should have braska. was it good? It was good because for a been separately called the GRASSLEY Mr. President, let me suggest for reasonable cost they were getting pre- bill, but it is packaged in this as our Senators’ staff who are looking at this scription drugs, which you don’t get third title. It says essentially hospitals to look alphabetically. You will find under Medicare, and the whole package will hereinafter be reimbursed on labor how much is being reimbursed in your was new benefits. Some of them got costs—on what the actual cost is, not cities for the Medicare+Choice reim- dental insurance, which they don’t get. on what the stated cost is. That makes bursement. Look at it, and you will see Some of them got a number of different the payment to hospitals go up sub- how the HMOs are reimbursed to pro- things they don’t get under Medicare, stantially. My small State will go up vide this rather good, fair, and com- for a premium they could afford. about $6.5 million over the year. I don’t petitive coverage to the senior citizens. These programs are being closed know what it would be in a State such You will be astounded. Many people down every day we delay. Thousands of as Ohio, but it would be rather substan- think New York is covered. They are seniors are getting notices. They had a tial. getting a very high rate of reimburse- good program, but they won’t have it I have extensive research, with cities ment because they started high. But in January. I want everybody to know alphabetically listed. Just look for look at some of the cities in New York. if there are going to be any entitle- your city and see what the reimburse- You will find that New York has a ment bills getting out of here on any- ment rate is. If it is under $525, we will number of cities that are under $450. thing that is even close to Medicare, take it to $525. If there are rural coun- We reimburse them on the high level— this is an amendment that will be on ties that are not in these lists, call as high as $800. there—or something better. This home and ask what some of the coun- The bill we are introducing today we amendment says by January 1st of this ties are getting reimbursed. Raising it are going to call the Medicare Geo- year, the rates are raised. They are to $475 will help an awful lot of people. graphic Fair Payment Act. Week after these low rates we are talking about. Is it enough? I don’t know. I want to week, the Federal Government deducts Very simply, under this bill, we will get something done. My friend wants a portion of everyone’s paycheck to change the rates. to get something done, as do my two support the Medicare program. After It is pretty easy for everybody to un- cosponsors. I assume in a couple of our seniors have retired and begin to derstand. This is not a complicated days or a week we will have a lot more take advantage of the program they bill. What we are doing is saying for Senators, bipartisan, asking to be on have supported for so many years, I those metropolitan areas which are this. think it is fair that they continue to 250,000 or more, the minimum reim- I remind everyone, the total cost of have a choice. doing a bit of fairness to seniors and Right now they have a choice. But bursement will be $525. If we can’t get that through here to preserve some of ending discrimination by region is the choice is really not for all seniors going to be $700 million in the first because we made a decision when we these plans where seniors are just fall- ing off the log, desperately getting year and $3.7 over 5. We have been talk- put in the Medicare+Choice Program, ing about astronomical numbers for which was really an alternative that their notices, and raising it to $525, then I don’t know what is fair around Medicare reform, prescription drugs. I seniors could choose. We made a deci- don’t know where we will end up. I sion as to how we would reimburse the here anymore. For all the rural coun- ties, we have raised the minimum to hope in the heat of this political 6 provider. That decision was made based weeks we don’t do anything major, be- upon, as I understand from my good $475. My friend, Senator WYDEN, can talk cause it will be wrong, but clearly we friend, Senator WYDEN—allegedly about his State and about his observa- have to do something. based on what they needed to get the Come January 1, if we don’t put job done to get the program going. tions. Clearly, he has been asking ev- erybody around here, including the money into this reimbursement pro- I don’t intend to be critical, but in gram, I think my friend, who has fol- many instances those who had not been Budget Committee, to have hearings on this great disparity which he calls pe- lowed this carefully, will say hundreds frugal, had not been careful about of thousands of seniors will be denied costs, got high reimbursements. But if nalizing efficiency. The truth of the matter is in my the option to buy coverage which they you lived in Senator WYDEN’s State or home city and in my State of New Mex- think is rather good in many cases, in- New Mexico, where they were being ex- cluding prescription drugs, for which tremely frugal in what they charged ico, what is happening, the HMO com- panies can no longer stay in business. they only have to pay $50 extra. They for the services, they got a very low can’t get that anywhere else. They got rate. Seniors are getting notified. In fact, we don’t have a lot of people under this extensive coverage of items in their It is unfortunate, but for Staten Is- health care needs that are not covered land the rates of reimbursement are program—15,000 are going to get knocked off the program right now, anywhere. $814; $794 for Dade County—I am not I very much thank the Senators who complaining; I am stating a dollar very soon. If you think they are not going to meetings, they met with are cosponsoring, Senators WYDEN, amount—$702 for New Orleans; and $661 GRASSLEY, and BOB KERREY of Ne- for Los Angeles. Heather Wilson, one of our representa- tives, and 400 people showed up because braska. We will have more. Senator WYDEN, perhaps, could inter- Mr. President, I ask unanimous con- they read in the newspaper she was vene and tell me what it is in Portland. sent that the bill and additional mate- Mr. WYDEN. $445. holding a meeting and they already got rial be printed in the RECORD. Mr. DOMENICI. $445; Albuquerque is their notices: Come January, find a There being no objection, the mate- $430, $15 under Oregon. That is all the new plan. They are asking: Why? The rial was ordered to be printed in the government will give as reimburse- plan is good. It is very good for me. I RECORD, as follows: have been paying all my life. Why are ment if you decide to get into the HMO S. 2937 business with hospitals and everybody you taking this away? Be it enacted by the Senate and House of Rep- else joining together, if you are going I ask Senators to take a look. In my resentatives of the United States of America in to furnish this service. Remember, case, we will get $34 million in addi- Congress assembled, there are some places getting $800-plus. tional reimbursements during the first SECTION 1. SHORT TITLE. I am not here to take away anything year and $170 out of this bill. Inciden- This Act may be cited as the ‘‘Medicare from anyone. That is how our amend- tally, this bill will cost $700 million the Geographic Fair Payment Act of 2000’’.

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SEC. 2. IMPROVED ACCESS TO more than 250,000, $525 (and for any area out- (b) SPECIAL RULE FOR HOSPITALS LOCATED MEDICARE+CHOICE PLANS side such an area, $475).’’. IN PUERTO RICO.—Section 1886(d)(3)(E) of the THROUGH AN INCREASE IN THE AN- SEC. 3. REQUIREMENT THAT THE ACTUAL PRO- Social Security Act (42 U.S.C. NUAL MEDICARE+CHOICE CAPITA- 1395ww(d)(3)(E)) is amended by adding at the TION RATES. PORTION OF A HOSPITAL’S COSTS ATTRIBUTABLE TO WAGES AND end the following new sentence: ‘‘In the case Section 1853(c)(1)(B)(ii) of the Social Secu- WAGE-RELATED COSTS BE WAGE AD- of a hospital located in Puerto Rico, the first rity Act (42 U.S.C. 1395w–23(c)(1)(B)(ii)) is JUSTED. sentence of this subparagraph shall be ap- amended— (a) IN GENERAL.—The first sentence of sec- plied as in effect on the day before the date (1) by striking ‘‘(ii) For a succeeding year’’ tion 1886(d)(3)(E) of the Social Security Act of enactment of the Geographic Adjustment and inserting ‘‘(ii)(I) Subject to subclause (42 U.S.C. 1395ww(d)(3)(E)) is amended by Fairness Act of 2000.’’. (II), for a succeeding year’’; and striking ‘‘, (as estimated by the Secretary (c) EFFECTIVE DATE.—The amendments (2) by adding at the end the following new from time to time) of hospitals’ costs’’ and made by this section shall apply with respect subclause: inserting ‘‘of each hospital’s costs (based on to discharges occurring on or after January ‘‘(II) For 2001 for any area in any Metro- the most recent data available to the Sec- 1, 2001. politan Statistical Area with a population of retary with respect to the hospital)’’. TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

2 Akron, OH PMSA ...... OH Summit ...... $569.96 OH Portage ...... 517.50 2 Albany-Schenectady-Troy, NY MSA ...... NY Rensselaer ...... 451.95 NY Albany ...... 426.70 NY Saratoga ...... 426.15 NY Montgomery ...... 415.97 NY Schenectady ...... 414.50 NY Schoharie ...... 408.51 2 Albuquerque, NM MSA ...... NM Bernalillo ...... 430.44 NM Sandoval ...... 402.64 NM Valencia ...... 401.61 2 Allentown-Bethlehem-Easton, PA MSA ...... PA Northampton ...... 550.07 PA Carbon ...... 530.57 PA Lehigh ...... 520.68 2 Ann Arbor, MI PMSA ...... MI Washtenaw ...... 557.62 MI Livingston ...... 535.35 MI Lenawee ...... 492.06 2 Appleton-Oshkosh-Neehan, WI MSA ...... WI Calumet ...... 401.61 WI Outagamie ...... 401.61 WI Winnebago ...... 401.61 1 Atlanta, GA MSA ...... GA Clayton ...... 639.17 GA Douglas ...... 631.97 GA Coweta ...... 612.58 GA Henry ...... 578.76 GA Newton ...... 572.05 GA Fulton ...... 569.09 GA Walton ...... 562.39 GA Gwinnett ...... 560.30 GA Forsyth ...... 560.28 GA Paulding ...... 552.37 GA Cobb ...... 552.00 GA Barrow ...... 549.34 GA De Kalb ...... 549.32 GA Carroll ...... 538.55 GA Cherokee ...... 536.79 GA Pickens ...... 532.62 GA Fayette ...... 531.71 GA Rockdale ...... 528.77 GA Spalding ...... 491.23 GA Bartow ...... 457.53 2 Atlantic-Cape May, NJ PMSA ...... NJ Cape May ...... 575.01 NJ Atlantic ...... 564.89 2 Augusta-Aiken, GA–SC MSA ...... GA McDuffie ...... 506.13 GA Columbia ...... 480.21 GA Richmond ...... 474.28 SC Aiken ...... 472.78 SC Edgefield ...... 401.61 2 Austin-San Marcos, TX MSA ...... TX Travis ...... 457.95 TX Caldwell ...... 449.43 TX Bastrop ...... 437.16 TX Hays ...... 429.58 TX Williamson ...... 411.43 2 Bakersfield, CA MSA ...... CA Kern ...... 549.94 1 Baltimore, MD PMSA ...... MD Baltimore City ...... 671.43 MD Anne Arundel ...... 596.99 MD Howard ...... 575.83 MD Baltimore ...... 573.77 MD Harford ...... 567.54 MD Carroll ...... 519.96 MD Queen Annes ...... 468.85 2 Baton Rouge, LA MSA ...... LA Ascension ...... 701.89 LA Livingston ...... 669.57 LA E. Baton Rouge ...... 574.48 LA W. Baton Rouge ...... 569.45 2 Beaumont-Port Arthur, TX MSA ...... TX Jefferson ...... 635.70 TX Orange ...... 628.21 TX Hardin ...... 580.77 1 Bergen-Passaic, NJ PMSA ...... NJ Bergen ...... 559.77 NJ Passaic ...... 537.18 2 Biloxi-Gulfport-Pascagoula, MS MSA ...... MS Jackson ...... 630.08 MS Hancock ...... 612.91 MS Harrison ...... 596.61 2 Binghamton, NY MSA ...... NY Broome ...... 415.83 NY Tioga ...... 403.34 2 Birmingham, AL MSA ...... AL Shelby ...... 686.53 AL Blount ...... 575.59 AL St. Clair ...... 570.54 AL Jefferson ...... 557.62 2 Boise City, ID MSA ...... ID Ada ...... 401.61 ID Canyon ...... 401.61 1 Boston, MA-NH PMSA ...... MA Suffolk ...... 676.30 MA Norfolk ...... 628.81 MA Middlesex ...... 604.17 MA Plymouth ...... 566.16 MA Essex ...... 542.07 NH Rockingham ...... 479.31 2 Bridgeport, CT PMSA ...... CT Fairfield ...... 546.20 2 Brownsville-Harlingen-San Benito, TX MSA ...... TX Cameron ...... 439.76 1 Buffalo-Niagara Falls, NY MSA ...... NY Niagara ...... 458.37

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7681 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

NY Erie ...... 444.70 2 Canton-Massillon, OH MSA ...... OH Stark ...... 439.09 OH Carroll ...... 425.34 2 Charleston, WV MSA ...... WV Kanawha ...... 485.94 WV Putnam ...... 459.31 2 Charleston-North Charleston, SC MSA ...... SC Charleston ...... 480.38 SC Berkeley ...... 455.71 SC Dorchester ...... 429.44 1 Charlotte-Gastnia-Rockhill, NC–SC MSA ...... NC Cabarrus ...... 459.94 NC Gaston ...... 456.16 NC Mecklenburg ...... 433.27 NC Union ...... 433.15 NC Lincoln ...... 431.34 SC York ...... 430.89 NC Rowan ...... 429.39 2 Chattanooga, TN–GA MSA ...... TN Marion ...... 689.49 GA Walker ...... 533.01 TN Hamilton ...... 526.68 GA Catoosa ...... 503.89 GA Dade ...... 497.19 1 Chicago, IL PMSA ...... IL Cook ...... 593.51 IL Will ...... 523.73 IL Grundy ...... 519.32 IL Du Page ...... 509.42 IL Lake ...... 507.05 IL Kane ...... 482.60 IL Mc Henry ...... 466.26 IL Kendall ...... 444.33 IL De Kalb ...... 415.25 1 Cincinnati, OH–KY–IN PMSA ...... OH Hamilton ...... 505.97 OH Clermont ...... 505.91 KY Boone ...... 502.28 KY Kenton ...... 483.13 KY Campbell ...... 479.25 OH Brown ...... 473.04 IN Ohio ...... 471.63 IN Dearborn ...... 469.59 KY Grant ...... 469.13 OH Warren ...... 468.11 KY Gallatin ...... 457.05 KY Pendleton ...... 422.65 1 Cleveland-Lorain-Elyria, OH PMSA ...... OH Cuyahoga ...... 575.59 OH Lorain ...... 522.63 OH Medina ...... 511.38 OH Lake ...... 506.72 OH Ashtabula ...... 503.62 OH Geauga ...... 484.81 2 Colorado Spring, CO MSA ...... CO El Paso ...... 472.16 2 Columbia, SC MSA ...... SC Lexington ...... 429.22 SC Richland ...... 406.65 2 Columbus, GA–AL MSA ...... GA Chattahoochee ...... 486.30 AL Russell ...... 450.62 GA Muscogee ...... 430.84 GA Harris ...... 401.61 1 Columbus, OH MSA ...... OH Madison ...... 511.41 OH Franklin ...... 496.33 OH Fairfield ...... 461.07 OH Pickaway ...... 453.38 OH Delaware ...... 450.01 OH Licking ...... 434.03 2 Corpus Christi, TX MSA ...... TX Nueces ...... 515.88 TX San Patricio ...... 501.62 1 Dallas, TX PMSA ...... TX Denton ...... 557.79 TX Collin ...... 547.45 TX Dallas ...... 545.56 TX Rockwall ...... 511.05 TX Kaufman ...... 510.50 TX Henderson ...... 507.26 TX Ellis ...... 489.89 TX Hunt ...... 484.39 2 Davenport-Moline-Rock Island, IA–AL MSA ...... IA Scott ...... 420.23 IL Rock Island ...... 416.48 IL Henry ...... 401.72 2 Daytona Beach, FL MSA ...... FL Volusia ...... 481.63 FL Flagler ...... 432.48 2 Dayton-Springfield, OH MSA ...... OH Montgomery ...... 497.25 OH Clark ...... 487.66 OH Miami ...... 461.54 OH Greene ...... 438.27 1 Denver, CO PMSA ...... CO Denver ...... 534.62 CO Adams ...... 513.59 CO Arapahoe ...... 484.26 CO Jefferson ...... 475.87 CO Douglas ...... 452.51 2 Des Moines, IA MSA ...... IA Polk ...... 443.74 IA Warren ...... 405.72 IA Dallas ...... 401.61 1 Detroit, MI PMSA ...... MI Wayne ...... 677.77 MI Oakland ...... 639.26 MI Macomb ...... 628.03 MI Monroe ...... 567.21 MI Lapeer ...... 541.44 MI St. Clair ...... 513.96 2 Dutchess County, NY PMSA ...... NY Dutchess ...... 485.41 2 El Paso, TX MSA ...... TX El Paso ...... 481.85 2 Erie, PA MSA ...... PA Erie ...... 461.47 2 Eugene-Springfield, OR MSA ...... OR Lane ...... 424.21 2 Evansville-Henderson, IN-KY MSA ...... KY Henderson ...... 487.38 IN Posey ...... 455.23 IN Warrick ...... 441.91 IN Vanderburgh ...... 439.14 2 Fayetteville, NC MSA ...... NC Cumberland ...... 420.50 2 Flint, MI PMSA ...... MI Genesee ...... 654.33 1 Fort Lauderdale, FL PMSA ...... FL Broward ...... 690.17 2 Fort Myers-Cape Coral, FL MSA ...... FL Lee ...... 516.74 2 Fort Pierce-Port St. Lucie, FL MSA ...... FL St. Lucie ...... 582.27 MI FL Martin ...... 536.70 2 Fort Wayne, IN MSA ...... IN Adams ...... 405.10 IN Allen ...... 403.97

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7682 CONGRESSIONAL RECORD — SENATE July 26, 2000 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

IN Whitley ...... 403.29 IN De Kalb ...... 401.61 IN Huntington ...... 401.61 IN Wells ...... 401.61 1 Fort Worth-Arlington, TX PMSA ...... TX Tarrant ...... 529.17 TX Johnson ...... 502.06 TX Hood ...... 492.86 TX Parker ...... 488.76 2 Fresno, CA MSA ...... CA Madera ...... 473.12 CA Fresno ...... 438.04 2 Gary, IN PMSA ...... IN Lake ...... 564.82 IN Porter ...... 514.53 2 Grand Rapids-Muskegon-Holland, MI MSA ...... MI Allegan ...... 445.34 MI Muskegon ...... 443.96 MI Kent ...... 423.54 MI Ottawa ...... 401.61 1 Grnsboro-Winston-Salem-HI PT, NC MSA ...... NC Davie ...... 461.90 NC Davidson ...... 436.36 NC Guilford ...... 434.67 NC Forsyth ...... 434.28 NC Stokes ...... 417.35 NC Yadkin ...... 415.82 NC Alamance ...... 415.23 NC Randolph ...... 414.23 2 Greenville-Spartanburg-Anderson, SC MSA ...... SC Cherokee ...... 466.06 SC Anderson ...... 409.97 SC Greenville ...... 405.47 SC Pickens ...... 401.61 SC Spartanburg ...... 401.61 2 Hamilton-Middletown, OH PMSA ...... OH Butler ...... 480.01 2 Harrisburg-Lebanon-Carlisle, PA MSA ...... PA Dauphin ...... 511.84 PA Perry ...... 508.55 PA Cumberland ...... 454.13 PA Lebanon ...... 420.60 1 Hartford, CT MSA ...... CT Tolland ...... 541.27 CT Hartford ...... 525.95 CT Litchfield ...... 511.80 CT Windham ...... 505.42 CT Middlesex ...... 482.64 2 Hickory-Morganton-Lenoir, NC MSA ...... NC Alexander ...... 451.10 NC Burke ...... 437.35 NC Caldwell ...... 429.74 NC Catawba ...... 408.16 2 Honolulu, HI MSA ...... HI Honolulu ...... 451.71 1 Houston, TX PMSA ...... TX Liberty ...... 719.28 TX Chambers ...... 719.23 TX Montgomery ...... 706.08 TX Harris ...... 631.59 TX Waller ...... 527.01 TX Fort Bend ...... 521.77 2 Huntington-Ashland, WV-KY-OH MSA ...... KY Boyd ...... 499.45 KY Greenup ...... 487.07 OH Lawrence ...... 483.34 KY Carter ...... 434.54 WV Wayne ...... 428.33 WV Cabell ...... 427.27 2 Huntsville, AL MSA ...... AL Limestone ...... 464.15 AL Madison ...... 454.59 1 Indianapolis, IN MSA ...... IN Marion ...... 506.06 IN Madison ...... 492.95 IN Hendricks ...... 487.01 IN Hamilton ...... 478.86 IN Shelby ...... 477.17 IN Morgan ...... 470.63 IN Hancock ...... 469.54 IN Boone ...... 462.42 IN Johnson ...... 442.74 2 Jackson, MS MSA ...... MS Madison ...... 446.48 MS Rankin ...... 445.23 MS Hinds ...... 442.96 2 Jacksonville, FL MSA ...... FL Duval ...... 558.61 FL Nassau ...... 534.03 FL St. Johns ...... 503.27 FL Clay ...... 494.78 2 Jersey City, NJ PMSA ...... NJ Hudson ...... 572.80 2 Johnson City-Kingsport-Bristol, TN–VA MSA ...... TN Unicol ...... 486.65 TN Hawkins ...... 475.81 VA Scott ...... 475.48 TN Washington ...... 460.53 TN Sullivan ...... 451.21 VA Bristol City ...... 445.38 TN Carter ...... 419.53 VA Washington ...... 401.61 2 Kalamazoo-Battle Creek, MI MSA ...... MI Calhoun ...... 497.87 MI Van Buren ...... 468.21 MI Kalamazoo ...... 457.00 1 Kansas City, MO–KS MSA ...... KS Wyandotte ...... 539.21 MO Jackson ...... 535.72 MO Ray ...... 521.98 MO Clay ...... 519.84 KS Johnson ...... 506.41 KS Leavenworth ...... 503.12 KS Miami ...... 494.24 MO Platte ...... 493.90 MO Lafayette ...... 486.11 MO Cass ...... 479.90 MO Clinton ...... 428.27 2 Killeen-Temple, TX MSA ...... TX Coryell ...... 415.61 TX Bell ...... 407.33 2 Knoxville, TN MSA ...... TN Loudon ...... 506.47 TN Knox ...... 484.18 TN Anderson ...... 460.95 TN Union ...... 453.63 TN Blount ...... 446.59 TN Sevier ...... 439.09 2 Lafayette, LA MSA ...... LA Lafayette ...... 512.01 LA St. Landry ...... 492.02 LA Acadia ...... 463.22 LA St. Martin ...... 460.29

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7683 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

2 Lakeland-Winter Haven, FL MSA ...... FL Polk ...... 437.74 2 Lancaster, PA MSA ...... PA Lancaster ...... 416.00 2 Lansing-East Lansing, MI MSA ...... MI Ingham ...... 519.79 MI Eaton ...... 495.86 MI Clinton ...... 473.56 ...... 2 Las Vegas, NV–AZ MSA ...... NV Clark ...... 554.90 AZ Mohave ...... 522.27 NV Nye ...... 513.76 2 Lexington, KY MSA ...... KY Madison ...... 459.32 KY Bourdon ...... 445.13 KY Scott ...... 417.38 KY Fayette ...... 413.37 KY Clark ...... 413.34 KY Jessamine ...... 407.65 KY Woodford ...... 401.61 2 Little Rock-N. Little Rock, AR MSA ...... AR Pulaski ...... 498.44 AR Saline ...... 488.13 AR Lonoke ...... 472.87 AR Faulkner ...... 462.94 1 Los Angeles-Long Beach, CA PMSA ...... CA Los Angeles ...... 660.65 2 Louisville, KY–IN MSA ...... KY Bullitt ...... 546.27 KY Oldham ...... 509.91 IN Clark ...... 506.02 KY Jefferson ...... 499.44 IN Floyd ...... 495.70 IN Scott ...... 476.68 IN Harrison ...... 454.42 2 Macon, GA MSA ...... GA Houston ...... 548.86 GA Bibb ...... 518.70 GA Jones ...... 488.31 GA Peach ...... 470.78 GA Twiggs ...... 461.55 2 Madison, WI MSA ...... WI Dane ...... 421.05 2 McAllen-Edinburg-Mission, TX MSA ...... TX Hidalgo ...... 437.02 2 Melbourne-Titusvlle-Palm Bay, FL MSA ...... FL Brevard ...... 527.54 1 Memphis, TN–AR–MS MSA ...... TN Shelby ...... 491.67 MS De Soto ...... 490.50 TN Tipton ...... 479.39 TN Fayette ...... 476.86 AR Crittenden ...... 472.60 1 Miami, FL PMSA ...... FL Dade ...... 794.02 1 Middlesex-Somerset-Hunterdon, NJ PMSA ...... NJ Middlesex ...... 558.12 NJ Hunterdon ...... 516.24 NJ Somerset ...... 491.08 1 Milwaukee-Waukesha, WI PMSA ...... WI Milwaukee ...... 470.57 WI Waukesha ...... 435.85 WI Ozaukee ...... 424.93 WI Washington ...... 411.74 1 Minneapolis-St. Paul, MN-WI MSA ...... MN Ramsey ...... 470.65 MN Hennepin ...... 457.66 MN Anoka ...... 453.31 MN Chisago ...... 443.66 MN Dakota ...... 438.75 MN Washington ...... 427.94 MN Carver ...... 420.00 MN Isanti ...... 416.79 MN Wright ...... 405.57 MN Scott ...... 401.61 MN Sherburne ...... 401.61 WI Pierce ...... 401.61 WI St. Croix ...... 401.61 2 Mobile, AL MSA ...... AL Mobile ...... 561.50 AL Baldwin ...... 485.76 2 Modesto, CA MSA ...... CA Stanislaus ...... 509.26 2 Monmouth-Ocean, NJ PMSA ...... NJ Monmouth ...... 542.02 NJ Ocean ...... 534.05 2 Montgomery, AL MSA ...... AL Montgomery ...... 483.38 AL Autauga ...... 481.43 AL Elmore ...... 480.94 2 Nashville, TN MSA ...... TN Wilson ...... 630.43 TN Davidson ...... 547.87 TN Williamson ...... 538.17 TN Cheatham ...... 537.65 TN Sumner ...... 529.86 TN Robertson ...... 527.44 TN Rutherford ...... 494.76 TN Dickson ...... 491.06 1 Nassau-Suffolk, NY PMSA ...... NY Nassau ...... 622.51 NY Suffolk ...... 592.30 2 New Haven-Meriden, CT PMSA ...... CT New Haven ...... 528.19 2 New London-Norwich, CT-RI MSA ...... CT New London ...... 492.51 1 New Orleans, LA MSA ...... LA Plaquemines ...... 772.26 LA St. Bernard ...... 763.90 LA St. Charles ...... 675.95 LA Jefferson ...... 674.13 LA St. Tammany ...... 669.91 LA St. John Baptist ...... 668.62 LA Orleans ...... 651.27 LA St. James ...... 589.96 1 New York, NY PMSA ...... NY Richmond ...... 814.32 NY Bronx ...... 772.81 NY New York ...... 756.77 NY Kings ...... 748.55 NY Queens ...... 699.17 NY Rockland ...... 630.25 NY Putnam ...... 628.30 NY Westchester ...... 608.47 1 Newark, NJ PMSA ...... NJ Essex ...... 578.68 NJ Warren ...... 568.99 NJ Union ...... 545.04 NJ Morris ...... 525.78 NJ Sussex ...... 511.04 2 Newburgh, NY–PA PMSA ...... NY Orange ...... 524.02 PA Pike ...... 500.29 1 Norfolk-Va Beach-Newport News, VA–NC MSA ...... VA Chesapeake City ...... 484.88 VA Williamsburg City ...... 479.54 VA Suffolk City ...... 476.74 VA Norfolk City ...... 470.52

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7684 CONGRESSIONAL RECORD — SENATE July 26, 2000 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

VA Portsmouth City ...... 470.52 VA Virginia Beach City ...... 463.75 VA Isle Of Wight ...... 461.15 VA Poquoson ...... 458.58 NC Currituck ...... 455.80 VA James City ...... 446.91 VA Hampton City ...... 443.76 VA York ...... 430.15 VA Newport News City ...... 423.90 VA Gloucester ...... 414.28 VA Mathews ...... 405.39 1 Oakland, CA PMSA ...... CA Contra Costa ...... 629.07 CA Alameda ...... 617.69 2 Oklahoma City, OK MSA ...... OK Oklahoma ...... 472.85 OK Cleveland ...... 469.40 OK Canadian ...... 461.36 OK Mcclain ...... 453.93 OK Logan ...... 431.02 OK Pottawatomie ...... 401.61 2 Omaha, NE–IA MSA ...... NE Douglas ...... 471.42 IA Pottawattamie ...... 458.62 NE Sarpy ...... 428.48 NE Cass ...... 420.07 NE Washington ...... 411.08 1 Orange County, CA PMSA ...... CA Orange ...... 609.63 1 Orlando, FL MSA ...... FL Osceola ...... 595.95 FL Orange ...... 553.31 FL Seminole ...... 536.05 FL Lake ...... 489.82 2 Pensacola, FL MSA ...... FL Santa Rosa ...... 503.69 FL Escambia ...... 502.10 2 Peoria-Pekin, IL MSA ...... IL Tazewell ...... 421.61 IL Peoria ...... 414.60 IL Woodford ...... 401.61 1 Philadelphia, PA-NJ PMSA ...... PA Philadelphia ...... 747.35 PA Delaware ...... 626.24 PA Bucks ...... 610.87 NJ Camden ...... 593.47 NJ Gloucester ...... 591.58 NJ Salem ...... 584.62 PA Chester ...... 553.66 NJ Burlington ...... 552.60 PA Montgomery ...... 548.59 1 Phoenix-Mesa, AZ MSA ...... AZ Pinal ...... 551.74 AZ Maricopa ...... 524.36 1 Pittsburgh, PA MSA ...... PA Allegheny ...... 632.02 PA Fayette ...... 619.07 PA Westmoreland ...... 594.10 PA Washington ...... 590.58 PA Beaver ...... 544.52 PA Butler ...... 542.33 1 Portland-Vancouver, OR-WA PMSA ...... OR Washington ...... 460.95 OR Columbia ...... 452.07 OR Multnomah ...... 445.25 OR Clackamas ...... 438.74 WA Clark ...... 433.86 OR Yamhill ...... 425.86 1 Providence-Fall River-Warwck, RI-MA MSA ...... RI Kent ...... 519.29 RI Washington ...... 512.79 MA Bristol ...... 501.50 RI Providence ...... 498.70 RI Newport ...... 484.96 RI Bristol ...... 473.50 2 Provo-Orem, UT MSA ...... UT Utah ...... 427.96 2 Raleigh-Durham-Chapel Hill, NC MSA ...... NC Orange ...... 480.56 NC Johnson ...... 475.66 NC Wake ...... 464.96 NC Franklin ...... 452.16 NC Durham ...... 441.05 NC Chatham ...... 437.33 2 Reading, PA MSA ...... PA Berks ...... 452.56 2 Reno, NV MSA ...... NV Washoe ...... 492.94 2 Richmond-Petersburg, VA MSA ...... NA New Kent ...... 522.64 VA Charles City ...... 508.84 VA Hanover ...... 490.45 VA Richmond City ...... 488.94 VA Prince George ...... 483.13 VA Petersburg City ...... 479.97 VA Dinwiddlie ...... 477.64 VA Hopewell City ...... 475.67 VA Powhatan ...... 467.99 VA Chesterfield ...... 463.81 VA Henrico ...... 463.29 VA Colonial Heights City ...... 449.40 VA Goochland ...... 445.19 1 Riverside-San Bernardino, CA PMSA ...... CA San Bernardino ...... 565.55 CA Riverside ...... 553.64 1 Rochester, NY MSA ...... NY Monroe ...... 449.04 NY Genesee ...... 435.80 NY Livingston ...... 429.12 NY Orleans ...... 417.78 NY Wayne ...... 415.82 NY Ontario ...... 405.78 2 Rockford, IL MSA ...... IL Boone ...... 406.73 IL Ogle ...... 401.61 IL Winnebago ...... 401.61 1 Sacramento, CA PMSA ...... CA Sacramento ...... 545.65 CA Placer ...... 527.72 CA El Dorado ...... 515.35 2 Saginaw-Bay City-Midland, MI USA ...... MI Saginaw ...... 488.38 MI Bay ...... 488.15 MI Midland ...... 468.12 2 Salem, OR PMSA ...... OR Marion ...... 401.61 OR Polk ...... 401.61 2 Salinas, CA MSA ...... CA Monterey ...... 542.83 1 Salt Lake City-Ogden, UT MSA ...... UT Salt Lake ...... 418.00 UT Davis ...... 415.88 UT Weber ...... 407.27 1 San Antonio, TX MSA ...... TX Bear ...... 512.11

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7685 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

TX Wilson ...... 432.60 TX Guadalupe ...... 417.56 TX Comal ...... 415.47 1 San Diego, CA MSA ...... CA San Diego ...... 563.76 1 San Francisco, CA PMSA ...... CA San Francisco ...... 571.60 CA Marin ...... 563.18 CA San Mateo ...... 518.73 1 San Joae, CA PMSA ...... CA Santa Clara ...... 543.23 2 Santa Rosa, CA PMSA ...... CA Sonoma ...... 531.59 2 Sarasota-Bradenton, FL MSA ...... FL Sarasota ...... 500.10 FL Manatee ...... 476.27 2 Savannah, GA MSA ...... GA Bryan ...... 607.83 GA Effingham ...... 551.72 GA Chatam ...... 534.76 2 Scranton-Wilkes-Barre-Hazleton, PA MSA ...... PA Lackawanna ...... 529.65 PA Luzerne ...... 511.96 PA Wyoming ...... 504.41 PA Columbia ...... 463.56 1 Seattle-Bellevue-Everett, WA PMSA ...... WA King ...... 482.58 WA Snohomish ...... 465.44 WA Island ...... 429.61 2 Shreveport-Bossier City, LA MSA ...... LA Webster ...... 498.03 LA Bossier ...... 489.39 LA Caddo ...... 485.94 2 Spokane, WA MSA ...... WA Spokane ...... 467.75 2 Springfield, MA MSA ...... MA Hampdon ...... 479.61 MA Franklin ...... 467.86 MA Hampshire ...... 462.21 2 Springfield, MO MSA ...... MO Greene ...... 420.15 MO Christian ...... 414.31 MO Webster ...... 410.20 1 St. Louis, MO–IL MSA ...... MO St. Louis City ...... 575.17 MO Jefferson ...... 527.45 MO Warren ...... 527.07 MO Lincoln ...... 524.23 MO St. Charles ...... 501.12 MO St. Louis ...... 500.86 IL St. Clair ...... 500.06 IL Clinton ...... 499.07 IL Madison ...... 482.50 MO Franklin ...... 440.86 MO Crawford ...... 436.38 IL Jersey ...... 435.63 IL Monroe ...... 425.58 2 Santa-Barbara-Santa Maria-Lompoc, CA MSA ...... CA Santa Barbara ...... 455.77 2 Stockton-Lodi, CA MSA ...... CA San Joaquin ...... 495.62 2 Syracuse, NY MSA ...... NY Cayuga ...... 434.08 NY Oswego ...... 418.50 NY Onondaga ...... 417.97] NY Madison ...... 410.00 2 Tacoma, WA PMSA ...... WA Pierce ...... 456.83 2 Tampa-St. Petersburg-Clearwater, FL MSA ...... FL Pasco ...... 572.46 FL Hernando ...... 542.69 FL Pinellas ...... 533.00 FL Hillsborough ...... 521.34 2 Toledo, OH MSA ...... OH Lucas ...... 605.01 OH Wood ...... 498.46 OH Fulton ...... 476.56 2 Trenton, NJ PMSA ...... NJ Mercer ...... 590.38 2 Tucson, AZ MSA ...... AZ Pima ...... 499.04 2 Tulsa, OK MSA ...... OK Wagoner ...... 518.50 OK Rogers ...... 484.50 OK Creek ...... 467.80 OK Tulsa ...... 467.54 OK Osage ...... 445.45 2 Utica-Rome, NY MSA ...... NY Oneida ...... 405.03 NY Herkimer ...... 401.61 2 Vallejo-Fairfield-NAPA, CA PMSA ...... CA Napa ...... 596.07 CA Solano ...... 552.60 2 Ventura, CA PMSA ...... CA Ventura ...... 545.69 2 Visalia-Tulare-Porterville, CA MSA ...... CA Tulare ...... 452.57 1 Washington, DC–MD–VA–WV PMSA ...... MD Prince Georges ...... 639.21 DC The District ...... 619.89 MD Charles ...... 599.55 MD Montgomery ...... 535.62 MD Calvert ...... 517.03 VA Alexandria City ...... 501.57 VA Arlington ...... 501.02 VA Falls Church City ...... 497.85 VA Manassas Park City ...... 497.04 VA Prince William ...... 493.46 VA Stafford ...... 489.44 VA Fredericksburg City ...... 488.13 VA Spotsylvania ...... 484.82 MD Frederick ...... 477.87 VA Fairfax City ...... 473.73 VA King George ...... 471.99 VA Loudoun ...... 468.81 VA Fauquier ...... 462.06 VA Fairfax ...... 460.45 VA Culpeper ...... 450.19 VA Manassas City ...... 445.63 VA Warren ...... 442.67 WV Berkeley ...... 438.86 WV Jefferson ...... 426.32 VA Clarke ...... 409.66 2 West Palm Beach-Boca Raton, FL MSA ...... FL Palm Beach ...... 600.62 2 Wichita, KS MSA ...... KS Sedgwick ...... 480.50 KS Butler ...... 427.72 KS Harvey ...... 403.67 2 Wilmington-Newark, DE–MD PMSA ...... MD Cecil ...... 548.76 DE New Castle ...... 547.20 2 Worcester, MA–CT PMSA ...... MA Worcester ...... 559.24 2 York, PA MSA ...... PA York ...... 421.90 2 Youngstown-Warren, OH MSA ...... OH Trumbull ...... 565.28 OH Mahoning ...... 508.37 OH Columbiana ...... 478.90 1 1=greater than 1 million; 2=250,000 to 1 million. Source: Table prepared by the Congressional Research Service using data from the Health Care Financing Administration. Note: A Metropolitan Statististical Area is a city with 50,000 or more enhabitants, or a Census Bureau-defined urban area of at least 50,000 inhabitants, and a total metropolitan population of at least 100,000 (75,000 in New England). This study specifically examines MSAs that contain 250,000 or more enhabitants. If an MSA has a population of over 1 million and the population can be separated into component parts, then the primary component part is desginated the Primary Metropolitan Statistical Area (PMSA). For more information see, [http://www.census.gov/population/www/estimates/aboutmetro.html].

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7686 CONGRESSIONAL RECORD — SENATE July 26, 2000 Mr. WYDEN. Mr. President, before he We hear about it very bluntly from land—and then you calculate a formula leaves the floor, I thank the chairman our constituents. You can have a sen- for reimbursing these HMOs, using a of the Budget Committee for the oppor- ior in Pendleton or Coos Bay call up percentage of the fee-for-service costs tunity to be involved in this issue. I their cousin in one of the cities back for health care in the area. think the chairman has said it very East and ask their cousin about Medi- But at the end of the day, the mes- well. In effect, what he has done is care, how it is going. sage is, if you are wasteful, don’t worry make the case for why the bill we are The senior back East says: You about it. If you are inefficient, the Fed- proposing is absolutely essential to know, it goes great. I get prescription eral Government is going to say maybe modernize the Medicare program. drugs for only a few dollars a month. I that is not ideal, but we will just send If there is one principle that Medi- also get dental coverage. I get free you a check to reflect the fact that you care is going to have to stand for in the hearing aids. How is it going for you are not taking steps to hold down your 21st century, it is that we must change there in Coos Bay or Pendleton or Al- costs and we are not going to give you this system which now literally re- buquerque, NM? How is Medicare going any consequences as a result. wards waste and penalizes frugality. for you? Medicare has an HMO reimbursement That senior in Albuquerque or Pen- That makes no sense to Senator system today which is, even by beltway dleton or Portland wants to throw the DOMENICI and me and our cosponsors. I standards, perverse. It sends the mes- telephone through the living room win- know it makes no sense to the Pre- sage if you are really inefficient, if you dow because they don’t get that pre- siding Officer because he and I have have not taken the steps that Colorado scription drug coverage, hearing aids, talked about this innumerable times. and Oregon and other States have or dental coverage because the reim- We tried to boost reimbursement rates taken, don’t worry about it, don’t go bursement is as low as Chairman for the people of Oregon. We have to change the Medicare program to elimi- out and make the tough choices about DOMENICI has described. introducing competition to your com- The Congress was supposed to have nate the discrimination against com- munity. The Federal Government will begun, several years ago, a bipartisan munities that control costs while offer- just keep sending you big checks. effort to change this. The system was ing good quality care. I think it is absolutely key, espe- called a blended rate. In effect, over Our bipartisan legislation is not just cially given the fact that close to a the next few years, we would move to a a one-time infusion of money. We million seniors are going to lose their national system, so instead of driving structured it so that money becomes HMO coverage this year—close to a some of these high-cost areas down pre- part of a base for future increases, million seniors will lose their coverage cipitously, we would move low-cost which in my view helps to jump-start this year—that we pass this bipartisan areas up over the next few years. Un- what Congress intended several years legislation. I think the chairman is fortunately, that system has been de- ago by passing legislation to promote a right. I think by the end of the next layed. It has been delayed, in my view, nationwide blended rate. couple of days, we will have many in a fashion that has made for many We all understand that at present, as other colleagues from both political plans saying they can no longer afford we look to the last days of the session, parties here. I see my friend, Senator to stay in business; certainly no longer with the budget surplus, it is going to SMITH of Oregon, has come into the afford to offer some of those benefits be possible to use a portion of that sur- Chamber. He and I have worked on this such as prescription drugs, which are plus, after we have helped pay down issue since he has come to the Senate so important to seniors. the debt, after hopefully there is a tar- as part of our bipartisan agenda for Or- That is why Chairman DOMENICI and geted tax cut; at that point, we will egon. I am going to talk for a few min- I and Senator GRASSLEY and Senator have some dollars to take the steps to utes to try to elaborate on some of the KERREY and I know many of our col- better meet the health care needs of themes Chairman DOMENICI has so elo- leagues are going to join in a bipar- older people and also jump start the quently addressed. tisan effort, first, to establish a min- modernization of the Medicare pro- As we have seen in Oregon and New imum payment floor for urban coun- gram. Mexico and so many other States, the ties; second, to boost the rural counties present HMO reimbursement system is where, again, these programs have Our legislation, I hope, will be part of literally driving HMO plans out of the barely been able to survive as a result that effort. I think Chairman DOMENICI program and leaving seniors across this of low reimbursement rates; and, third, and Senator GRASSLEY, among our co- country petrified about their future to address the concerns with respect to sponsors, are very likely to be in the health care in their communities. What wages that Senator GRASSLEY has so room at the end of the day when that senior after senior asks at this point is eloquently described. But I am of the legislation is being offered. I and oth- how can it be that since they pay the view that if this Congress is to mod- ers are going to do our best to support same amount for hospitalization and ernize the Medicare program, the es- those efforts in the Budget Committee. outpatient services, if they live in Pen- sence of such a modernization effort is I know the Presiding Officer and I have dleton or they live in Portland, they to create more options and more used every opportunity to raise these pay the same amount for outpatient choices. That will not be possible if you issues, and we are going to continue to and hospitalization services as seniors perpetuate an HMO reimbursement do so. in other parts of the country yet the system that day after day after day pe- Our State has been a pioneer in the Federal Government does not send an nalizes frugality and rewards waste. health care reform area. We are proud equal payment to folks in Pendleton For those who really want to get into of the fact that we are the first State and Portland? As Chairman DOMENICI the details of this subject, the system in the country to have made tough has very specifically and eloquently de- is known as the AAPCC, the average choices about health care priorities scribed, they send dramatically dif- adjusted per capita cost. The way it through the Oregon health plan. We are ferent payments to communities across has worked, the HMOs are reimbursed proud of the fact that we have been this country. So you can have commu- by the Federal Government through a able to introduce more choices and nities, for example, on the east coast, system that historically has looked at more competition to the health care that literally get twice the reimburse- average local costs of various proce- system and, as a result, seniors in our ment of communities in Oregon and dures, such as a heart bypass in Pen- State are able to get more for their New Mexico. dleton or cataract operation in Port- health care dollar.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7687 It is not right for older people in Or- grams so they can maintain coverage S. 2939. A bill to amend the Internal egon, New Mexico, Iowa, and in other for out-of-pocket expenses and main- Revenue Code of 1986 to provide a cred- States where they have done the heavy tain the prescription drug coverage it against tax for energy efficient ap- lifting and they have taken steps to they have. pliances; to the Committee on Finance. hold down their costs, to be discrimi- Mr. GRASSLEY. Mr. President, I rise THE RESOURCE EFFICIENT APPLIANCE INCENTIVE nated against by the Federal Govern- to note the introduction of the Medi- ACT ment. care Geographic Fair Payment Act of Mr. GRASSLEY. Mr. President I rise This bipartisan legislation, in my 2000. I’m very pleased to join Senators today to introduce an extremely time- view, is going to help keep HMOs that DOMENICI, WYDEN, and KERREY in this ly piece of legislation in light of the are currently in the program in the effort. While we share the problem of current energy crisis facing our nation. program, and it will begin the process low payment rates, Iowa and Nebraska This legislation, entitled ‘‘The Re- of bringing back to Medicare some of are in a different situation than New source Efficient Appliance Incentive those we have lost because they have Mexico and Oregon. Those two states Act,’’ will provide a valuable incentive been discriminated against in the past are concerned about Medicare + Choice to accelerate and expand the produc- with respect to reimbursement and plans leaving, but for the most part we tion and market penetration of ultra they could not keep their doors open. in Iowa are still waiting for plans to energy-efficient appliances. Senator We will be talking about this legisla- arrive. There are a number of things ROCKEFELLER is joining me in this bi- tion frequently in the last few days of that have to fall into place for Medi- partisan effort, along with Senators this Congress and in the fall, and I be- care + Choice to become a reality in JEFFORDS and LINCOLN. lieve passing this legislation, as we Iowa, but one of them is increasing Earlier this year, the appliance in- look at that final budget bill that is payment rates. I want to make sure dustry, the Department of Energy, and sure to be part of our fall debates, that that if Congress provides any relief in the nation’s leading energy-efficiency this is one of the best ways we can tar- Medicare + Choice this year, that low- and environmental organizations came get dollars that need to be spent care- cost areas are not forgotten. We need together and agreed upon significantly fully so as to maximize the values of to make Medicare + Choice a truly na- higher energy efficiency standards for what we are getting in health care for tional program. clothes washers to accompany the new older people. There are two simple Medicare + energy efficiency standards for refrig- Mr. President, I yield the floor. Choice payment provisions in the bill. erators that go into effect in July 2001, Mr. VOINOVICH. Mr. President, I It would raise the minimum payment as well as the new criteria for achiev- could not help but hear the words of floor for all counties from the current ing the voluntary ‘‘Energy Star’’ des- Senator WYDEN and Senator DOMENICI $415 to $475 in 2001. This would pri- ignation. This agreement is significant about the terrible situation we have marily benefit rural and small urban considering the fact that clothes wash- across this country today in regard to areas, including the vast majority of ers and dryers, together with refrig- HMOs dropping senior citizens off the Iowa. Secondly, it would establish a erators, account for approximately 15 Medicare Plus Choice Program. new minimum payment floor of $525 for percent of all household energy con- While I was Governor of the State of all counties in Metropolitan Statistical sumed in the United States. Ohio, we had several instances where Areas (MSAs) with populations exceed- This legislation will provide a tax people were thrown off the rolls of ing 250,000. In Iowa, this would mean a credit to assist in the development of their HMO and forced to be without substantial incentive for plans to enter super energy-efficient washing ma- any kind of supplemental insurance or the Des Moines and Quad Cities areas. chines and refrigerators, and creates prescription drug benefits. It is a grow- As I’ve said so often throughout the the incentives necessary to increase ing epidemic today in the United five-plus years that I’ve been working the production and sale of these appli- States of America. I want to go on on this issue, people in low-cost states ances in the short term. Manufacturers like Iowa pay the same payroll taxes as record in support of the legislation of would be eligible to claim a credit of those in high-cost areas. So it’s a mat- Senator WYDEN and Senator DOMENICI. either $50 or $100, depending on effi- ter of simple fairness and equity that In fact, earlier today I asked Senator ciency level, for each super energy-effi- all seniors have access to the choices in DOMENICI if I could be a cosponsor of cient washing machine produced be- Medicare, wherever they live. The this legislation. tween 2001 and 2006. Likewise, manu- problem with Medicare + Choice has It is important to point out that facturers would be eligible to claim a been that payment rates are based on some of the on-budget surplus that we credit of $50 or $100, depending on effi- fee-for-service payment rates in the now have in the year 2000 and the pro- ciency level, for each super energy-effi- same county; thus, cost-effective re- jected $102 billion in 2001 is generated cient refrigerator produced between gions like ours are punished. This by the fact that projected Medicare makes no sense. We took our first step 2001 and 2006. It is estimated that this costs are coming in far below what toward breaking that unfortunate link tax credit will increase the production they anticipated because of the for- in 1997, and I have high hopes that we and purchase of super energy-efficient mula that was adopted in 1997. It seems will take another big step with this bill washers by almost 200 percent, and the to me we ought to look at the situation in 2000. purchase of super energy-efficient re- as it really is, increase the reimburse- We in low-cost regions have to keep frigerators by over 285 percent. ment to those HMOs so individuals can the fight for equity going on two Equally important is the long-term stay in those programs, and so they fronts: Medicare + Choice payment, environmental benefits of the expanded don’t have to buy Medigap insurance to and traditional Medicare payment. The use of these appliances. Over the life of cover out-of-pocket expenses and pre- latter is harder for Congress to change, the appliances, over 200 trillion Btus of scription drugs. because we have to identify inequities energy will be saved. This is the equiv- It seems to me it should be our re- in the various Medicare payment poli- alent of taking 2.3 million cars off the sponsibility to make sure those who cies and fix them one by one. I thank road or closing 6 coal-fired power are now covered remain covered and my colleagues for including in this bill plants for a year. In addition, the not be thrown out on the street. I have my earlier bill on the hospital wage clothes washers will reduce the amount read so often: Don’t worry about those index, which is one of those flaws in of water necessary to wash clothes by people, somebody else will pick them fee-for-service Medicare that cries out 870 billion gallons, an amount equal to up, or they can go to fee for service. to be fixed. the needs of every household in the When they go to fee for service, they I look forward to the Finance Com- city the size of Phoenix, Arizona for don’t get their 20 percent out-of-pocket mittee’s Medicare discussions this fall; two years. Most importantly, the bene- paid for, nor does Medicare pick up pre- this is the kind of legislation that mer- fits to consumers over the life of the scription drugs. its serious consideration there. washers and refrigerators from oper- It is time for this Congress to step in ational savings is estimated at nearly and change the system, increase the re- By Mr. GRASSLEY (for himself, $1 billion. imbursement, keep those individuals Mr. ROCKEFELLER, Mr. JEF- In my home state of Iowa, this legis- who are on Medicare Plus Choice Pro- FORDS, and Mrs. LINCOLN): lation would result in the production of

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7688 CONGRESSIONAL RECORD — SENATE July 26, 2000 1.5 million supper energy-efficient through incentive programs. The legis- I am especially proud to have joined washers and refrigerators over the next lation we are proposing today would do with Senator BINGAMAN and six of my six years, requiring over 100 new pro- just that by giving manufacturers ei- Democratic colleagues on the Energy duction jobs. I also expect Iowans to ther a $50 or $100 tax credit for every Security Tax and Policy Act, a com- save $11 million in operational costs super energy-efficient appliance pro- prehensive energy policy bill that over the life span of the appliances, and duced prior to 2007. The idea is to give looks to improve our nation’s energy 9 billion gallons of water—enough to manufacturers the means by which to independence while protecting the en- supply drinking water for the entire create the most appropriate incentives vironment. Finally, it was my pleasure state for 30 years. to get consumers to purchase washing last week to join with Environment Lastly, I believe the total revenue machines and refrigerators that are the and Public Works Chairman BOB SMITH loss of this credit compares extremely most energy-efficient. Through these and the Ranking Democratic Member favorably to the estimated benefits of tax credits we will accelerate the pro- Senator BAUCUS on the Energy Effi- almost $1 billion to consumers over the duction and market penetration of cient Building Incentives Act, which life of the super energy-efficient leading-edge appliance technologies promotes the construction of buildings clothes washers and refrigerators from that create significant environmental 30–50 percent more efficient than to- operational savings. benefits. day’s standard. As building energy use Mr. ROCKEFELLER. Mr. President, I The expanded use of super energy-ef- accounts for 35 percent of the air pollu- am pleased to join my colleagues, Sen- ficient appliances will have significant tion emissions nationwide and $250 bil- ators GRASSLEY, JEFFORDS, and LIN- long-term environmental benefits. It is lion per year in energy bills, this legis- COLN, in the introduction of legislation estimated that as a result of this legis- lation could produce a dramatic benefit to establish a tax credit incentive pro- lation over 200 trillion Btus of energy for our environment, and this coun- gram for the production of super en- will be saved over the life of the appli- try’s long-term energy needs. ergy-efficient appliances. This creative ances manufactured with these credits. proposal will result in substantial envi- This is the equivalent of taking 2.3 mil- By Mr. HATCH: ronmental benefits for the nation at a lion cars off the road or closing down S. 2940. A bill to authorize additional very small cost to the government. six coal-fired power plants for a year. assistance for international malaria Our bill would provide for either a $50 Energy savings of this magnitude pay control, and to provide for coordina- or $100 tax credit for the production significant environmental dividends. tion and consultation in providing as- and sale of energy efficient washing For example, it is projected that with sistance under the Foreign Assistance machines and refrigerators. Today, these energy savings carbon emissions, Act of 1961 with respect to malaria, these two appliances account for ap- the critical element in greenhouse gas HIV, and tuberculosis; read the first proximately 15 percent of the energy emissions, will be reduced by over 3.1 time. consumed in a typical home, which million metric tons. In addition, the GLOBAL AIDS AND TUBERCULOSIS RELIEF ACT OF 2000 amounts to about $21 billion in energy super energy-efficient washing ma- Mr. HATCH. Mr. President, earlier expenditures annually. Although most chines will reduce the amount of water today, we approved the Helms sub- Americans may not realize it, home ap- necessary to wash clothes by 870 billion stitute to H.R. 3519, ‘‘Global AIDS and pliances offer the potential for major gallons, or approximately the amount Tuberculosis Relief Act of 2000.’’ I was energy savings across the nation. of water necessary to meet the needs of Recently, several energy efficiency every household in a state the size of pleased to support this legislation, rec- and environmental organizations West Virginia for nearly 2 years. ognizing the need for our country to support an enhanced effort to prevent joined with the appliance industry in Vice President GORE recently rec- and treat AIDS and tuberculosis endorsing considerably tougher energy- ommended a similar program of tax in- centives for the purchase of home ap- abroad. efficiency standards for washing ma- I was pleased to work with Chairman chines. These proposed standards are pliances as part of his energy savings initiatives—and I congratulate him for HELMS, Senator BIDEN, Senator FRIST, now under active consideration by the his leadership in this regard. I am very Senator SMITH of Oregon, and other Department of Energy for incorpora- glad the Vice President is considering members of the Senate Foreign Rela- tion in new regulations. The new ways to balance how we produce energy tions Committee as this legislation was standards will result in tremendous en- savings and believe it is important that finalized, and, indeed, I want to work ergy-efficiency improvements that will we discuss this balance of interests as closely with them on our continuing ef- have very positive environmental con- part of our national dialogue to im- forts to address the problems of infec- sequences over time. But there is a prove our energy efficiency. I am also tious diseases in the developing world. cost to these new minimum standards extremely pleased this legislation is For the reasons I will lay out today, and, as we often find, reluctance on the strongly supported by leading environ- I believe the aid we make possible in part of industry and the public to incur mental organizations including the H.R. 3519 should be expanded to em- the additional costs necessary to Natural Resources Defense Council, the brace not only HIV/AIDS and TB, but achieve higher energy efficiencies. Alliance to Save Energy, and the also malaria as well. In fact, I think it Home appliances can be made more ef- American Council for an Energy Effi- essential to make sure our foreign as- ficient but it would mean greater costs cient Economy. sistance program in Africa and the de- to consumers. I believe there is a nec- The use of energy-efficient appli- veloping world coordinates its activi- essary balance between the objective of ances is an important milestone on the ties closely among these three diseases. obtaining higher energy efficiencies road to a cleaner, lower-cost energy fu- With the support of Chairman HELMS, that reduce air emissions and the high- ture. This common-sense initiative fol- Senator BIDEN, and Senator FRIST in er product costs that result. This is as lows on the heels of other important the Senate, and Chairman LEACH in the true with respect to the purchase of ap- bipartisan legislation that I am proud House of Representatives, I have draft- pliances as it is with respect to the to have sponsored or cosponsored dur- ed companion legislation to H.R. 3519 automobile, electric power, and other ing this Congress to improve our na- which make certain that U.S. efforts markets. I also recognize that there tion’s energy independence and the en- for all three diseases are well-coordi- are understandable limits to the costs vironment. During the first session of nated. that society is willing to bear through the 106th Congress, I was joined by Accordingly, I rise today to intro- regulation to obtain higher energy sav- Senators HATCH, CRAPO, and BRYAN in duce S. 2940 the ‘‘International Malaria ings that result in environmental bene- introducing the Alternative Fuel Pro- Control Act of 2000’’. fits. motion Act in an effort to reduce The World Health Organization esti- However, that is not necessarily the greenhouse gas emissions and lower mates that there are 300 million to 500 limit at which point energy savings our consumption of imported oil. Ear- million cases of malaria each year. Ac- can be achieved. While many con- lier this year I joined Senators JEF- cording to the World Health Organiza- sumers may not be willing to pay extra FORDS and HATCH on the Alternative tion, more than 1 million persons are for more energy-efficient appliances, I Fuels Tax Incentives Act, which would estimated to die due to malaria each believe they can be encouraged to do so accomplish many of the same goals. year.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7689 The problems related to malaria are and for the causal agent of AIDS, the ADDITIONAL COSPONSORS often linked to the devastation of two human immunodeficiency virus—HIV. S. 309 other terrible diseases—Acquired Im- In this regard I must commend the At the request of Mr. MCCAIN, the munodeficiency Disease, that is AIDS, President for his leadership in direct- name of the Senator from Rhode Island and tuberculosis. One of the unfortu- ing, back on March 2nd, that a renewed (Mr. L. CHAFEE) was added as a cospon- nate commonalities of these diseases is effort be made to form new partner- sor of S. 309, a bill to amend the Inter- that they all ravage sub-Saharan Afri- ships to develop and deliver vaccines to nal Revenue Code of 1986 to provide ca and other parts of the under- developing countries. I must also com- that a member of the uniformed serv- developed world. mend the Bill and Melinda Gates foun- ices shall be treated as using a prin- In addition to the one million ma- dation for pledging a substantial $750 cipal residence while away from home laria related deaths per year, about 2.5 million in financial support for this on qualified official extended duty in million persons die from AIDS and an- new vaccine initiative. determining the exclusion of gain from other 1.5 million people per year die The private sector appears to be pre- the sale of such residence. from tuberculosis. pared to help meet this challenge as S. 1227 The measure I introduce today cen- the four largest vaccine manufacturers, At the request of Mr. L. CHAFEE, the ters on malaria control and calls for Merck, American Home Products, name of the Senator from New Jersey close cooperation among federal agen- Glaxo SmithKline Beecham, and (Mr. LAUTENBERG) was added as a co- cies that are charged with fighting ma- Aventis Pharma, have all stepped to sponsor of S. 1227, a bill to amend title laria, AIDS, and TB worldwide. the plate in the quest for vaccines for IV of the Personal Responsibility and According to the National Institutes HIV/AIDS, TB and malaria. We must Work Opportunity Reconciliation Act of Health, about 40 percent of the all recognize that the private sector of 1996 to provide States with the op- world’s population is at risk of becom- pharmaceutical industry, in close part- tion to allow legal immigrant pregnant ing infected. About half of those who nership with academic and government women and children to be eligible for die each year from malaria are chil- scientists, will play a key role in the medical assistance under the medical dren under nine years of age. Malaria development of any vaccines for these program, and for other purposes. kills one child each 30 seconds. diseases. S. 1318 Although malaria is a public health Among the promising developments At the request of Mr. JEFFORDS, the problem in more than 90 countries, in recent months has been Secretary name of the Senator from Maine (Ms. more than 90 percent of all malaria Shalala directing the National Insti- SNOWE) was added as a cosponsor of S. cases are in sub-Saharan Africa. In ad- tutes of Health to convene a meeting of 1318, a bill to authorize the Secretary dition to Africa, large areas of Central experts from government, academia, of Housing and Urban Development to and South America, Haiti and the Do- and the private sector to address im- award grants to States to supplement minican Republic, the Indian subconti- pediments to vaccine development in State and local assistance for the pres- nent, Southeast Asia, and the Middle the private sector. Another goal of this ervation and promotion of affordable East are high risk malaria areas. first in a series of conferences on Vac- housing opportunities for low-income These high risk areas represent many cines for HIV/AIDS, Malaria, and Tu- families. of the world’s poorest nations which berculosis, held on May 22nd and 23rd, complicates the battle against malaria S. 1322 was to foster public-private partner- At the request of Mr. DASCHLE, the as well as AIDS and TB. ships. Malaria is particularly dangerous name of the Senator from Maryland These ongoing NIH Conferences on during pregnancy. The disease causes (Mr. SARBANES) was added as a cospon- Vaccines for HIV/AIDS, Malaria, and severe anemia and is a major factor sor of S. 1322, a bill to prohibit health Tuberculosis will address three basic contributing to maternal deaths in ma- insurance and employment discrimina- questions: what are the scientific bar- laria endemic regions. Research has tion against individuals and their fam- riers to developing vaccines for ma- found that pregnant mothers who are ily members on the basis of predictive laria, TB and HIV/AIDS? What admin- HIV-positive and have malaria are genetic information of genetic services. istrative, logistical and legal barriers more likely to pass on HIV to their S. 1394 stand in the way of malaria, TB and children. At the request of Mr. TORRICELLI, the ‘‘Airport malaria,’’ the importing of HIV/AIDS vaccines? And, finally, if name of the Senator from Wisconsin malaria by international aircraft and vaccines are developed how can they (Mr. FEINGOLD) was added as a cospon- other conveyances is becoming more best be produced and distributed sor of S. 1394, a bill to require the Sec- common as is the importation of the around the world? retary of the Treasury to mint coins in disease by international travelers Each of these questions will be dif- commemoration of the U.S.S. New Jer- themselves; the United Kingdom re- ficult to answer. Developing vaccines sey, and for other purposes. ported 2,364 cases of malaria in 1997, all for malaria, TB, and HIV/AIDS will be S. 1586 of them imported by travelers. a difficult task. While each vaccine At the request of Mr. CAMPBELL, the In the United States, of the 1,400 will be different, there are commonal- name of the Senator from New Mexico cases of malaria reported to the Cen- ities such as the fact that the legal im- (Mr. BINGAMAN) was added as a cospon- ters for Disease Control and Prevention pediments and distributional issues sor of S. 1586, a bill to reduce the in 1998, the vast majority were im- may be very similar. Also, there is an fractionated ownership of Indian ported. Between 1970 and 1997, the ma- unfortunate geographical overlap with Lands, and for other purposes. laria infection rate in the United respects to the epidemics of malaria, S. 1732 States increased by about 40 percent. TB, and HIV/AIDS. Ground zero is sub- At the request of Mr. BREAUX, the In Africa, the projected economic im- Saharan Africa. name of the Senator from Florida (Mr. pact of malaria in 2000 exceeds $3.6 bil- So while the ultimate goal is to end MACK) was added as a cosponsor of S. lion. Malaria accounts for 20 to 40 per- up with three vaccines, we must be 1732, a bill to amend the Internal Rev- cent of outpatient physician visits and mindful that there is a close societal enue Code of 1986 to prohibit certain al- 10 to 15 percent of hospital visits in Af- and scientific linkage between the locations of S corporation stock held rica. tasks of developing and delivering vac- by an employee stock ownership plan. Malaria is caused by a single-cell cines and therapeutic treatments for S. 1990 parasite that is spread to humans by those at risk of malaria, TB and HIV/ At the request of Mr. LAUTENBERG, mosquitoes. No vaccine is available AIDS worldwide. the name of the Senator from North and treatment is hampered by develop- While the greatest immediate need is Dakota (Mr. CONRAD) was added as a ment of drug-resistant parasites and clearly in Africa and in other parts of cosponsor of S. 1900, a bill to amend the insecticide-resistant mosquitoes. the developing world, citizens of the Internal Revenue Code of 1986 to allow Our nation must play a leadership United States and my constituents in a credit to holders of qualified bonds role in the development of a vaccine Utah stand to benefit from progress in issued by Amtrak, and for other pur- for malaria as well as vaccines for TB the area of vaccine development. poses.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7690 CONGRESSIONAL RECORD — SENATE July 26, 2000 S. 1911 kota (Mr. JOHNSON), the Senator from policy of basic consumer fair treat- At the request of Mr. BREAUX, the Massachusetts (Mr. KERRY), and the ment for airline passengers. name of the Senator from Florida (Mr. Senator from Minnesota (Mr. GRAMS) S. 2912 MACK was added as a cosponsor of S. were added as cosponsors of S. 2703, a 1911, a bill to conserve Atlantic highly bill to amend the provisions of title 39, At the request of Mr. KENNEDY, the migratory species of fish, and for other United States Code, relating to the names of the Senator from Vermont purposes. manner in which pay policies and (Mr. LEAHY), the Senator from Min- S. 2274 schedules and fringe benefit programs nesota (Mr. WELLSTONE), and the Sen- At the request of Mr. GRASSLEY, the for postmasters are established. ator from South Dakota (Mr. DASCHLE) names of the Senator from Indiana S. 2718 were added as cosponsors of S. 2912, a (Mr. BAYH), the Senator from Nevada At the request of Mr. SMITH, of New bill to amend the Immigration and Na- (Mr. REID), the Senator from Georgia Hampshire, the name of the Senator tionality Act to remove certain limita- (Mr. CLELAND), the Senator from Con- from Massachusetts (Mr. KERRY) was tions on the eligibility of aliens resid- necticut (Mr. LIEBERMAN), and the Sen- added as a cosponsor of S. 2718, a bill to ing in the United States to obtain law- ator from Washington (Mr. GORTON) amend the Internal Revenue Code of ful permanent residency status. were added as cosponsors of S. 2274, a 1986 to provide incentives to introduce S. CON. RES. 123 bill to amend title XIX of the Social new technologies to reduce energy con- Security Act to provide families and sumption in buildings. At the request of Mr. LAUTENBERG, disabled children with the opportunity S. 2733 the name of the Senator from Cali- to purchase coverage under the Med- At the request of Mr. SANTORUM, the fornia (Mrs. FEINSTEIN) was added as icaid program for such children. name of the Senator from Illinois (Mr. cosponsor of S. Con. Res. 123, a concur- S. 2408 DURBIN) was added as a cosponsor of S. rent resolution expressing the sense of the Congress regarding manipulation of At the request of Mr. BINGAMAN, the 2733, a bill to provide for the preserva- names of the Senator from Maryland tion of assisted housing for low income the mass and intimidation of the inde- (Mr. SARBANES), the Senator from Ala- elderly persons, disabled persons, and pendent press in the Russian Federa- bama (Mr. SESSIONS), the Senator from other families. tion, expressing support for freedom of Arizona (Mr. MCCAIN), and the Senator S. 2793 speech and the independent media in from Oregon (Mr. SMITH) were added as At the request of Mr. HOLLINGS, the the Russian Federation, and calling on cosponsors of S. 2408, a bill to authorize names of the Senator from North Caro- the President of the United States to the President to award a gold medal on lina (Mr. HELMS) and the Senator from express his strong concern for freedom behalf of the Congress to the Navajo Oregon (Mr. WYDEN) were added as co- of speech and the independent media in Code Talkers in recognition of their sponsors of S. 2793, a bill to amend the the Russian Federation. contributions to the Nation. communications Act of 1934 to S.J. RES. 48 S. 2516 strengthen the limitation on holding At the request of Mr. CAMPBELL, the At the request of Mr. THURMOND, the and transfer of broadcast licenses to name of the Senator from Georgia (Mr. name of the Senator from Vermont foreign persons, and to apply a similar CLELAND) was added as cosponsor of (Mr. LEAHY) was added as a cosponsor limitation to holding and transfer of S.J. Res. 48, a joint resolution calling of S. 2516, a bill to fund task forces to other telecommunications media by or upon the President to issue a procla- locate and apprehend fugitives in Fed- to foreign governments. mation recognizing the 25th anniver- eral, State, and local felony criminal S. 2807 sary of the Helsinki Final Act. cases and give administrative subpoena At the request of Mr. FRIST, the authority to the United States Mar- name of the Senator from Virginia (Mr. S. RES. 294 shals Service. WARNER) was added as cosponsor of S. 2807, a bill to amend the Social Secu- At the request of Mr. ABRAHAM, the S. 2554 name of the Senator from West Vir- At the request of Mr. GREGG, the rity Act to establish a Medicare Pre- scription Drug and Supplemental Ben- ginia (Mr. BYRD) was added as cospon- name of the Senator from Minnesota sor of S. Res. 294, a resolution desig- (Mr. GRAMS) was added as a cosponsor efit Program and to stabilize and im- prove the Medicare+Choice program, nating the month of October 2000 as of S. 2554, a bill to amend title XI of ‘‘Children’s Internet Safety Month.’’ the Social Security Act to prohibit the and for other purposes. display of an individual’s social secu- S. 2829 S. RES. 301 rity number for commercial purposes At the request of Mr. HUTCHINSON, At the request of Mr. THURMOND, the the name of the Senator from Vermont without the consent of the individual. names of the Senator from New Mexico (Mr. JEFFORDS) was added as cosponsor S. 2700 (Mr. DOMENICI) and the Senator from of S. 2829, a bill to provide of an inves- At the request of Mr. L. CHAFEE, the Tennessee (Mr. THOMPSON) were added tigation and audit at the Department names of the Senator from Louisiana as cosponsors of S. Res. 301, a resolu- of Education. (Ms. LANDRIEU), the Senator from New tion designating August 16, 2000, as Jersey (Mr. TORRICELLI), the Senator S. 2869 ‘‘National Airborne Day.’’ from North Dakota (Mr. DORGAN), the At the request of Mr. HATCH, the Senator from Kentucky (Mr. BUNNING), name of the Senator from Idaho (Mr. S. RES. 304 the Senator from New Hampshire (Mr. CRAPO) was added as cosponsor of S. At the request of Mr. BIDEN, the GREGG), the Senator from Tennessee 2869, a bill to protect religious liberty, names of the Senator from Massachu- (Mr. FRIST), and the Senator from Cali- and for other purposes. setts (Mr. KERRY), the Senator from fornia (Mrs. BOXER) were added as co- S. 2872 Maryland (Ms. MIKULSKI), the Senator sponsors of S. 2700, a bill to amend the At the request of Mr. CAMPBELL, the from Virginia (Mr. ROBB), and the Sen- Comprehensive Environmental Re- name of the Senator from New Mexico ator from Kansas (Mr. ROBERTS) were sponse, Compensation, and Liability (Mr. DOMENICI) was added as cosponsor added as cosponsors of S. Res. 304, a Act of 1980 to promote the cleanup and of S. 2872, a bill to improve the cause of resolution expressing the sense of the reuse of brownfields, to provide finan- action for misrepresentation of Indian Senate regarding the development of cial assistance for brownfields revital- arts and crafts. educational programs on veterans’ con- ization, to enhance State response pro- S. 2891 tributions to the country and the des- grams, and for other purposes. At the request of Mr. REID, the name ignation of the week that includes Vet- S. 2703 of the Senator from Colorado (Mr. erans Day as ‘‘National Veterans At the request of Mr. AKAKA, the CAMPBELL) was added as cosponsor of Awareness Week’’ for the presentation names of the Senator from South Da- S. 2891, a bill to establish a national of such educational programs.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7691 SENATE RESOLUTION 343—EX- (1) the International Committee on the eties would have to adopt the Red PRESSING THE SENSE OF THE Red Cross should immediately recognize the Cross. However, the admission of 25 SENATE THAT THE INTER- Magen David Adom Society and the Magen new Red Crescent societies since 1949 NATIONAL RED CROSS AND RED David Adom Society should be granted full membership in the International Red Cross demonstrates the inconsistency with CRESCENT MOVEMENT SHOULD and Red Crescent Movement; which this principle has been applied. RECOGNIZE AND ADMIT TO FULL (2) the International Federation of Red Despite MDA’s exclusion from the MEMBERSHIP ISRAEL’S MAGEN Cross and Red Crescent Societies should DAVID ADOM SOCIETY WITH ITS grant full membership to the Magen David Movement, it has continuously played EMBLEM, THE RED SHIELD OF Adom Society immediately following rec- an active role in disaster assistance DAVID; TO THE COMMITTEE ON ognition by the International Committee of worldwide, recently helping to rescue FOREIGN RELATIONS the Red Cross of the Magen David Adom So- trapped civilians following the 1999 ciety; earthquakes in Turkey and Greece. Mr. FITZGERALD (for himself, Mr. (3) the Magen David Adom Society should LIEBERMAN, Mr. HAGEL, Mr. HELMS, and not be required to give up or diminish its use Israeli medical teams were also among Mr. LUGAR) submitted the following of its emblem as a condition for immediate the first to assist victims of severe resolution; which was referred to the and full membership in the International flooding in Mozambique this year. Committee on Foreign Relations: Red Cross and Red Crescent Movement; and ICRC officials have praised MDA for its (4) the Red Shield of David should be ac- S. RES. 343 ‘‘life-saving work’’ and report they corded the same recognition under inter- have maintained ‘‘excellent working Whereas Israel’s Magen David Adom Soci- national law as the Red Cross and the Red ety has since 1930 provided emergency relief Crescent. relations’’ with the MDA for decades. to people in many countries in times of need, Mr. FITZGERALD. Mr. President, The existing Protocols of the Geneva pain, and suffering, regardless of nationality or religious affiliation; today I am introducing a resolution ex- Conventions provide for two different Whereas in the past year alone, the Magen pressing the sense of the Senate that uses of the Movement emblem: ‘‘pro- David Adom Society has provided invaluable the International Red Cross and Red tective,’’ whcih is used for protective humanitarian services in Kosovo, Indonesia, Crescent Movement should recognize purposes in armed conflicts and re- Ethiopia, and Eritrea, as well as Greece and and admit to full membership Israel’s quires the use of a single unique em- Turkey in the wake of the earthquakes that Magen David Adom Society with its blem, and ‘‘indicative,’’ which is used devastated these countries; emblem, the Red Shield of David. I Whereas the American Red Cross has rec- for identification purposes in non-con- thank Senators LIEBERMAN, HAGEL, ognized the superb and invaluable work done flict circumstances, and therefore al- HELMS, and LUGAR for joining me as by the Magen David Adom Society and con- lows for the existence of several em- original cosponsors of this important siders the exclusion of the Magen David blems. Currently, negotiations are un- resolution. Adom Society from the International Red derway to add a possible third Protocol Cross and Red Crescent Movement ‘‘an injus- The International Red Cross and Red to the Geneva Conventions to create a tice of the highest order’’; Crescent Movement is the largest hu- Whereas the American Red Cross has re- manitarian network in the world. The new neutral emblem and allow for peatedly urged that the International Red Movement has many components, in- MDA recognition with its emblem. Cross and Red Crescent Movement recognize cluding the International Committee However, before these negotiations can the Magen David Adom Society as a full of the Red Cross (the ICRC—the Swiss- translate into formal recognition, sig- member, with its emblem; nificant procedural hudles must be Whereas the Magen David Adom Society based founding institution of the Move- overcome, including super-majority utilizes the Red Shield of David as its em- ment that serves as a neutral inter- blem, in similar fashion to the utilization of mediary in armed conflict areas) and votes of three bodies and ratification the Red Cross and Red Crescent by other na- the International Federation of Red by member nations that could take tional societies; Cross and Red Crescent Societies (the years. Meanwhile, the American Red Whereas the Red Cross and the Red Cres- Federation, which groups together the Cross has been pursuing other ap- cent have been recognized as protective em- Movement’s 176 recognized national so- proaches that would allow for the rec- blems under the Statutes of the Inter- cieties and coordinates international ognition of MDA and its emblem with- national Red Cross and Red Crescent Move- ment; disaster relief and refugee assistance in out the introduction of a third Pro- Whereas the International Committee of non-conflict areas). tocol. The Red Shield of David has been in the Red Cross has ignored previous requests The resolution I am introducing from the United States Congress to recognize use and recognized de facto since 1930 today would help facilitate the negoti- the Magen David Adom Society; as the distinctive emblem of the med- ating process by putting the Senate on Whereas the Statutes of the International ical and first aid services of the Jewish Red Cross and Red Crescent Movement state population in Palestine and, after 1948, record in support of MDA recognition that it ‘‘makes no discrimination as to na- the state of Israel. Israel signed the Ge- at a critical time in these negotiations. tionality, race, religious beliefs, class or po- The House of Representatives passed a litical opinions,’’ and it ‘‘may not take sides neva Conventions in 1949. The new state of Israel therefore attempted to similar resolution on May 3, 2000. The in hostilities or engage at any time in con- Senate, however, last announced its troversies of a political, racial, religious or have the Red Shield of David recog- ideological nature’’; nized in the Geneva Conventions as an support of recognition of MDA and its Whereas although similar national organi- alternative to the red cross, the red emblem over 12 years ago. zations of Iraq, North Korea, and Afghani- crescent, and the red lion and sun. In a Over the last six years, the United stan are recognized as full members of the secret ballot, however, Israel’s request States Government has provided the International Red Cross and Red Crescent was rejected, 22 to 21. The end result Movement, the Magen David Adom Society ICRC and the Federation with $713 mil- was that Israel’s equivalent of the Red has been denied membership since 1949; lion. Once again, the United States Whereas in the six fiscal years 1994 through Cross, Magen David Adom (MDA), was Senate should urge the International 1999, the United States Government provided relegated to non-voting observer status Red Cross and Red Crescent Movement a total of $631,000,000 to the International and thereby effectively excluded from to recognize the Red Shield of David Committee of the Red Cross and $82,000,000 to the Movement. emblem and admit MDA for full mem- the International Federation of Red Cross In rejecting the Red Shield of David, bership in the Movement. and Red Crescent Societies; and and excluding Israel’s national society Whereas in fiscal year 1999 alone, the from the Movement, the 1949 diplo- I urge my colleagues to support this United States Government provided matic convention established the prin- resolution to encourage the Inter- $119,500,000 to the International Committee national Red Cross and Red Crescent of the Red Cross and $7,300,000 to the Inter- ciple that only those already using an national Federation of Red Cross and Red exceptional sign—that is, a non-Red Movement to recognize Israel’s Magen Crescent Societies: Now, therefore, be it Cross emblem—had the right to con- David Adom society and its emblem, Resolved, That— tinue using it. All new national soci- the Red Shield of David.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7692 CONGRESSIONAL RECORD — SENATE July 26, 2000 SENATE RESOLUTION 344—EX- fewer choices and decreased customers serv- fewer carriers is more single-carrier PRESSING THE SENSE OF THE ice; concentration at hub airports across SENATE THAT THE PROPOSED Whereas, it is the role of the Senate Com- the country. Studies by the Depart- mittee on Commerce, Science, and Transpor- MERGER OF UNITED AIRLINES tation and, more specifically the Sub- ment of Transportation, the General AND U.S. AIRWAYS IS INCON- committee on Aviation, to conduct oversight Accounting Office, and others consist- SISTENT WITH THE PUBLIC IN- of the aviation industry and to promote con- ently conclude that air fares are rel- TEREST AND PUBLIC CONVEN- sumers’ receiving a basic level of airline cus- atively higher at hub airports ‘‘domi- IENCE AND NECESSITY POLICY tomer service; nated’’ by a single carrier. SET FORTH IN SECTION 40101 OF Whereas, the Air Transport Association Important new entry in the airline TITLE 49, UNITED STATES CODE member air carriers agreed to an Airline industry would be hurt by consolida- Customer Service Commitment to improve tion among the major airlines. The Mr. MCCAIN (for himself and Mr. the current level of customer service in the GORTON) submitted the following reso- airline industry; mega-carriers would have additional lution; which was referred to the Com- Whereas, in an interim oversight report, resources to engage in fierce and pro- mittee on Commerce, Science, and the Department of Transportation Inspector longed behavior designed to drive new Transportation: General recently concluded that the results competitors out of the market, and to are mixed with respect to the effectiveness single potential entrants that they S. RES. 344 of the efforts of the major airlines to imple- dare not compete with the incumbent. Whereas, in 1999 the 6 largest hub-and- ment their Airline Customer Service Com- Today, many new entrants simply spoke airlines in the United States ac- mitment; choose not to enter the major airlines’ counted for nearly 80 percent of the revenue Whereas, the combination of 2 entities as passenger miles flown by domestic airlines, large as United Airlines and US Airways hub markets because they fear they Whereas, according to Department of could cause at least short-term disruptions cannot survive a sustained head-to- Transportation statistics, a combined United in service; head battle. A United-US Airways Airlines and US Airways would result in at Whereas, according to the Department of merger, and the consolidation that least 20 airline hub airports in the United Transportation statistics for the month of would ensue, would further entrench States where a single airline and its affiliate May 2000, for the 10 major airlines, a com- the incumbent air carriers’ positions. air carriers would carry more than 50 per- bined United Airlines and US Airways would I admit that there are benefits asso- cent of the passenger traffic; have had the lowest percentage of ontime ciated with the proposed United-US Whereas, the Department of Transpor- flight arrivals, the highest percentage of tation and the General Accounting Office flight operations canceled, the second high- Airways merger. The carriers, for in- have documented that air fares are rel- est rate of consumer complaints, and the sec- stance, tout ‘‘seamless’’ connections to atively higher at those airline hub airports ond highest rate of mishandled baggage: international destinations, an ex- where a single airline carries more than 50 Now, therefore, be it panded frequent flyer program, and percent of the passenger traffic; Resolved, That— similar benefits that should appeal to Whereas, a combined United Airlines and (1) the Senate expresses concern about the travelers on the United-US Airways US Airways would hold approximately 40 proposed United Airlines-US Airways merger system. percent of the air carrier takeoff and landing because of its potential to leave consumers United and US Airways also applaud slots at the 4 high density airports, even tak- with fewer travel options, higher fares, and ing into account the parties’ planned divesti- lowered levels of service; and new service to a multitude of destina- ture of slots at Ronald Reagan Washington (2) it is the sense of the Senate that the po- tions as a consequence of the merger. National Airport; tential consumer detriments from the pro- It is important to note, however, that Whereas, most analysts agree that a posed United Airlines-US Airways merger what is new to United is not exactly United Airlines-US Airways merger would outweigh the potential consumer benefits. new to the flying public, since United’s lead to other merger in the airline industry, Mr. MCCAIN. Mr. President, I am ‘‘new’’ service is made up of flights likely resulting in combinations that would pleased to be joined by the Commerce that are now offered by US Airways. reduce the 6 largest domestic hub-and-spoke Again, the point is that the anti- airlines to 3 airlines; Committee Aviation Subcommittee Whereas, media reports indicate that Chairman, Senator GORTON, to intro- competitive harm posed by the pro- American Airlines has made a tangible offer duce a Senate resolution expressing posed United-US Airways merger out- to purchase Northwest Airlines and that our strong reservations about the pro- weighs its benefits. And that conclu- Delta Air Lines and Continental Airlines posed merger of United Airlines and US sion does not even take into account have engaged in merger negotiations; Airways. the customer service problems associ- Whereas, it would be difficult for the De- Through Commerce Committee delib- ated with integrating the work forces partment of Transportation and other re- erations, Senator GORTON and I have of two or more major airlines. sponsible Federal agencies of jurisdiction to I want to underscore that this resolu- disapprove subsequent airline merger pro- carefully analyzed the proposed merg- posals if the government allows the largest er, as well as its long-term consumer tion is designed to express our concerns domestic airline, in terms of total operating effects. We conclude that whatever air about the proposed United-US Airways revenue and revenue passenger miles flown travelers stand to gain from the merg- merger. It does not seek to force any in 1999, United Airlines, to merge with the er is outweighed by what they stand to federal agency or department to take sixth largest airline, US Airways, making lose. any specific action with respect to the United Airlines substantially bigger than its The public interest would likely be proposed merger. However, our con- next largest competitor; harmed by a United Airlines-US Air- cerns for the consumer are of such a Whereas, 3 larger domestic airlines will have substantially increased market power, ways merger. First, almost all analysts significant nature that we are com- and would have the ability to use that mar- agree that the merger would trigger pelled to introduce this resolution. ket power to drive low fare competitors out additional consolidation in the airline I ask unanimous consent to have of direct competition and to thwart new air- industry. The six largest hub-and- printed in the RECORD a letter from the line entry into the marketplace; spoke carriers in the country would father of airline deregulation, Prof. Al- Whereas, the Department of Transpor- likely become the ‘‘big three.’’ Every- fred Kahn. His letter outlines his pre- tation credits nearly all of the benefits of de- thing else being equal, basic economic liminary concerns with the proposed regulation (a reported $6.3 billion in annual principles suggest that consumers are United-U.S. Airways merger. savings to airline passengers) to the entry There being no objection, the letter and existence of low fare airline competitors better served by having six competitors in the marketplace; in a market rather than three. was ordered to be printed in the Whereas, a combined United Airlines and Even at this preliminary date, our RECORD, as follows: US Airways, including their commuter air- experience bears out the prediction of ALFRED E. KAHN, line partners, would be the only carrier offer- additional industry consolidation. Ithaca, New York, June 9, 2000. ing nonstop flights between at least 26 do- American Airlines has already made an Hon. JOHN MCCAIN, mestic airports in 12 States; offer for Northwest Airlines. Delta Air Chairman, Committee on Commerce, Science and Whereas, in 1999 United Airlines and US Lines and Continental have reportedly Transportation, U.S. Senate, Russell Senate Airways enplaned 22 percent of all revenue Office Building, Washington, DC. passengers flown by domestic airlines; engaged in merger negotiations. DEAR SENATOR MCCAIN: I’m very sorry that Whereas, the transition from 6 major air- Consolidation among these network I can’t accept your invitation to testify be- lines to 3 would likely result in less competi- carriers poses additional problems for fore your Committee on June 20th, and hope tion and higher fares, giving consumers the flying public. The likely result of that you will regard the arrival that day of

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7693 my son and his family from Australia, for a with attributions of a similar need to Amer- Senator from Arizona as well as for brief visit, as a sufficient reason. I particu- ican Airlines). But if United really does feel myself in saying this merger seems larly regret my inability to take advantage the need for a big hub in the Northeast, this quite obviously to be beneficial both to of that opportunity to renew our acquaint- suggests that it is indeed an important po- United Airlines and to U.S. Airways. ance. tential competitor of US Airways, and that, Public policy, however, does not con- Your Ann Choiniere has asked me to offer, denied the ability to acquire the hub in the as a substitute, a statement of my—as yet easiest, noncompetitive fashion, by acquisi- cern itself primarily with the benefits only provisional—opinions about the pro- tion, it might instead feel impelled to con- to the companies involved in the com- posed merger of United Airlines and US Air- struct a hub of its own in direct competition petitive field. Public policy should con- ways. I am happy to do so, even though, to with US Airways; if some place within a cou- cern itself with consumer interests and repeat, I have by no means a settled final ple of hundred miles of Pittsburgh is the with the interests of the millions of opinion about whether or not it should be ap- needed location—observe the hubs of Conti- Americans who use these airlines to fly proved. nental at Cleveland and Delta at Cin- from one place to another across the I do urge you to give careful consideration cinnati—then why not, say, Buffalo for United States and for that matter to its possible anticompetitive effects, how- United? And while I have the impression ever. The central premise of deregulation overseas. that the suppression of potential competi- A merger of these two airlines would was that competition would best serve and tion has not played a major role in most protect consumers; that meant vigorous en- merger litigation, it might properly be defin- create by far the largest single airline forcement of the antitrust laws rather than itive in this case, if only because, either ex- in the United States. Inevitably, it direct regulation would become critical in plicitly or implicitly, United is in effect con- seems to me that would lead to two the new regime. ceding the potentiality of that competition more mergers, at the very least involv- Primary responsibility for making this in- in its rationalizations of the merger itself. ing the other four of the largest six air- vestigation rests, of course, with the anti- The stronger its argument that it does in- lines in the United States. In fact, it trust agencies. It is my understanding, how- deed require a big hub in the Northeast, the would be almost impossible to mount a ever, that the Antitrust Division’s resources more that signifies that the alternative, if it logical and rational defense against are severely strained by their other obliga- were denied the opportunity to acquire US tions, including other proceedings specifi- such mergers as those airlines would Airways, would be to construct a major com- complain with real justification that cally involving the airlines; if they lack the petitive hub of its own. resources to look at this latest proposed 4. In addition, if indeed United’s acquisi- they were no longer competitive with merger with great care, it seems to me that tion of a competitive advantage by this ac- the giant created by a United-U.S. Air- would be a case of the government being quisition—giving it the first claim on traffic ways merger. penny-wise and pound-foolish. Partly be- feed from US Airways’ extensive network— From our perspective, we need to cause of the possible direct effects of this does increase the pressure on other carriers, consider what the ultimate outcome of merger and, perhaps even more, because of particularly American to merge similarly, this merger would be and the impact it its threatening to set off a series of imitative then it seems to me that is a possible com- would have on airline passengers all mergers that would substantially increase petitive consequence of this particular merg- across the United States. There would the concentration of the domestic industry, er that should additionally be taken into ac- there is a possible jeopardy here to the many be a significant increase in the number count in deciding whether it should be per- of hubs overwhelmingly dominated by billions of dollars that consumers have been mitted. saving each year because off the competition I do hope you will undertake this impor- a single airline. There would be, in my set off by deregulation. tant inquiry: we may be confronting a very view, a sharp decrease in the competi- It seems to me there are several levels at radical consolidation of the industry, which tion for airline travel in many cities which to assess these possible anticompeti- cannot be a matter of indifference to people across the United States. There would tive effects. like you and me, who have regarded deregu- 1. The first goes to the question of whether certainly be the legitimate desire on lation as a striking success thus far. there are any substantial number of par- the part of the remaining airlines to With warm personal regards, ticular routes on which United and US Air- maximize their profits. That exists at Sincerely, ways are already direct competitors. In the the present time. But these three ALFRED E. KAHN, case of the proposed merger of Continental/ mergers would vastly increase the abil- Robert Julius Thorne Professor of Political Northwest, the Antitrust Division identified Economy, Emeritus, Cornell University; ity of the airlines to do so in what several very important routes between their Chairman, Civil Aeronautics Board 1977–78. would be distinctly a less competitive respective hubs (for example, Houston/Min- market. neapolis-St. Paul, Houston/Detroit, Cleve- Mr. MCCAIN. Mr. President, I want I have attended hearings on this sub- land/Minneapolis-St. Paul, Cleveland/Mem- to highlight one point Professor Kahn ject. I have had meetings with the phis, Newark/Twin Cities) on which it ap- makes. He asserts that United’s main peared those airlines were the two main if CEOs of both airlines seeking to merge justification for the merger is the need and with some of those who have ap- not only competitors, and their merger for a hub in the northeast. He goes on would simply eliminate that competition. I prehensions about that merger. I may do not know to what extent there are similar to question, however, why United say there are a number of ways in overlaps between US Airways and United. doesn’t create a hub in the northeast, which my mind was changed by those 2. In deregulating the airlines we relied rather than follow the path of ‘‘least meetings. My first reaction to the pro- very heavily on the threat of potential as competitive resistance’’ by trying to posal was that the creation of one new well as actual competition to prevent exploi- acquire on its competitors’ hubs. Mr. entrant—D.C. Airlines—was little more tation of consumers: an important part of President, I ask the same question, and than a sham. The hearings and my the rationale of deregulation was the urge my colleagues to join Senator contestability of airline markets. It seems to meetings indicated to me that I was al- GORTON and me in supporting this Sen- me highly likely that there are many routes most certainly wrong in that respect, in which United or US Airways is a potential ate resolution expressing our strong and that the proposed new owner and competitor of the other. And it is my recol- concerns about a United-US Airways manager of D.C. Airlines did intend to lection that while studies of the behavior of merger. be a real airline to provide real service. airline fares after deregulation (notably one Mr. President, I thank my friend and But even if we grant the potential suc- by Winston and Morrison and another by colleague, the distinguished chairman cess of that airline, the net effect on Gloria Hurdle, Andrew Joskow and others) of the Aviation Subcommittee of the competition overall would be highly demonstrated that one actual competitor in Commerce Committee who joined me negative on the part of this merger. a market is worth two or three potential in this resolution. contesters in the bush, they nevertheless I join with the chairman of the Com- also found that the presence of a potential I yield the floor. merce Committee in this resolution. I contester—identified as a carrier already The PRESIDING OFFICER. The Sen- do not think in the ultimate analysis present at one or the other end of a route— ator from Washington. that this merger is in the public inter- did constrain the fares incumbents could Mr. GORTON. Mr. President, it is my est. I believe it would lessen competi- charge. purpose to join with the Senator from tion among domestic airlines. I think 3. The likelihood that a United/US Airways Arizona today in introducing this it would not improve the way in which merger would indeed result in suppression of sense-of-the-Senate resolution. Each of this potential competition would seem to be the airline passengers are treated, and enhanced by what I take it would be United’s us has thought long and hard about probably, at least in the short term explanation and justification—namely, its this proposed measure, as it goes to the and perhaps in the long term, would ex- need for a strong hub in the Northeast (com- heart of our air transport system in the acerbate an already troublesome situa- mented on widely in the literature, along United States. I believe I speak for the tion.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7694 CONGRESSIONAL RECORD — SENATE July 26, 2000 I believe we would end up with three Colorado, or its Water and Power Depart- TITLE III—ADMINISTRATIVE major airlines flying roughly 80 per- ment or any other agency, public utility, or AUTHORITIES cent of all the passengers on domestic enterprise of the city, providing for the use Sec. 301. Effective program oversight. flights in the United States, and that of facilities of the Colorado-Big Thompson Sec. 302. Termination expenses. Project, Colorado, under the Act of February the net result, by a significant margin TITLE I—ASSISTANCE TO COUNTRIES 21, 1911 (43 U.S.C. 523), for— WITH LARGE POPULATIONS HAVING from such a merger, would not be in (1) the impounding, storage, and carriage HIV/AIDS the public interest. of nonproject water originating on the east- I hope this resolution becomes more ern slope of the Rocky Mountains for domes- SEC. 101. SHORT TITLE. formalized than it is just by the intro- tic, municipal, industrial, and other bene- This title may be cited as the ‘‘Global duction by these two Members. I sus- ficial purposes; and AIDS Research and Relief Act of 2000’’. pect the chairman of the Commerce (2) the exchange of water originating on SEC. 102. DEFINITIONS. Committee will bring it up in the Com- the eastern slope of the Rocky Mountains for In this title: merce Committee. I hope it is here for the purposes specified in paragraph (1), using (1) AIDS.—The term ‘‘AIDS’’ means the ac- consideration by the entire Senate facilities associated with the Colorado-Big quired immune deficiency syndrome. promptly, and it will be considered by Thompson Project, Colorado. (2) ASSOCIATION.—The term ‘‘Association’’ the regulatory authorities that are means the International Development Asso- ciation. dealing with the proposed merger at WORLD BANK AIDS PREVENTION TRUST FUND ACT (3) BANK.—The term ‘‘Bank’’ or ‘‘World the present time. Bank’’ means the International Bank for Re- f construction and Development. HELMS (AND OTHERS) (4) HIV.—The term ‘‘HIV’’ means the AMENDMENTS SUBMITTED human immunodeficiency virus, the patho- AMENDMENT NO. 4018 gen which causes AIDS. (5) HIV/AIDS.—The term ‘‘HIV/AIDS’’ TREASURY AND GENERAL GOV- Mr. HELMS (for himself, Mr. BIDEN, Mr. FRIST, Mr. KERRY, Mr. SMITH of Or- means, with respect to an individual, an in- ERNMENT APPROPRIATIONS ACT, dividual who is infected with HIV or living 2001 egon, Mrs. BOXER, and Mr. FEINGOLD) proposed an amendment to the bill with AIDS. (H.R. 3519) to provide for negotiations SEC. 103. FINDINGS AND PURPOSES. for the creation of a trust fund to be (a) FINDINGS.—Congress makes the fol- LEAHY AMENDMENT NO. 4016 lowing findings: (Ordered to lie on the table.) administered by the International (1) According to the Surgeon General of Mr. LEAHY submitted the following Bank for Reconstruction and Develop- the United States, the epidemic of human amendment intended to be proposed by ment of the International Development immunodeficiency virus/acquired immune him to the bill (H.R. 4871) making ap- Association to combat the AIDS epi- deficiency syndrome (HIV/AIDS) will soon propriations for the Treasury Depart- demic; as follows: become the worst epidemic of infectious dis- ment, the United States Postal Serv- Strike all after the enacting clause and in- ease in recorded history, eclipsing both the ice, the Executive Office of the Presi- sert the following: bubonic plague of the 1300’s and the influenza epidemic of 1918–1919 which killed more than dent, and certain Independent Agen- SECTION 1. SHORT TITLE. 20,000,000 people worldwide. cies, for the fiscal year ending Sep- This Act may be cited as the ‘‘Global AIDS (2) According to the Joint United Nations tember 30, 2001, and for other purposes; and Tuberculosis Relief Act of 2000’’. Programme on HIV/AIDS (UNAIDS), more as follows: SEC. 2. TABLE OF CONTENTS. than 34,300,000 people in the world today are At the appropriate place, insert the fol- The table of contents for this Act is as fol- living with HIV/AIDS, of which approxi- lowing: lows: mately 95 percent live in the developing SEC. . Not later than 90 days after the Sec. 1. Short title. world. date of the enactment of this Act, the In- Sec. 2. Table of contents. (3) UNAIDS data shows that among chil- spector General of each agency funded under TITLE I—ASSISTANCE TO COUNTRIES dren age 14 and under worldwide, more than this Act shall submit to the Congress a re- WITH LARGE POPULATIONS HAVING 3,800,000 have died from AIDS, more than port that discloses— HIV/AIDS 1,300,000 are living with the disease; and in (1) any agency activity related to the col- one year alone—1999—an estimated 620,000 Sec. 101. Short title. lection or review of singular data, or the cre- became infected, of which over 90 percent Sec. 102. Definitions. ation of aggregate lists that include person- were babies born to HIV-positive women. Sec. 103. Findings and purposes. ally identifiable information, about individ- (4) Although sub-Saharan Africa has only uals who access any Internet site of the Subtitle A—United States Assistance 10 percent of the world’s population, it is agency; and Sec. 111. Additional assistance authorities home to more than 24,500,000—roughly 70 per- (2) any agency activity related to entering to combat HIV and AIDS. cent—of the world’s HIV/AIDS cases. into agreements with third parties, including Sec. 112. Voluntary contribution to Global (5) Worldwide, there have already been an other government agencies, to collect, re- Alliance for Vaccines and Im- estimated 18,800,000 deaths because of HIV/ view, or obtain aggregate lists or singular munizations and International AIDS, of which more than 80 percent oc- data containing personally identifiable infor- AIDS Vaccine Initiative. curred in sub-Saharan Africa. mation relating to any individual’s access or Sec. 113. Coordinated donor strategy for sup- (6) The gap between rich and poor coun- viewing habits to nongovernmental Internet port and education of orphans tries in terms of transmission of HIV from sites. in sub-Saharan Africa. mother to child has been increasing. More- Sec. 114. African Crisis Response Initiative over, AIDS threatens to reverse years of ENERGY AND WATER DEVELOP- and HIV/AIDS training. steady progress of child survival in devel- MENT APPROPRIATIONS ACT, Subtitle B—World Bank AIDS Trust Fund oping countries. UNAIDS believes that by 2001 the year 2010, AIDS may have increased mor- CHAPTER 1—ESTABLISHMENT OF THE FUND tality of children under 5 years of age by Sec. 121. Establishment. more than 100 percent in regions most af- ALLARD AMENDMENT NO. 4017 Sec. 122. Grant authorities. fected by the virus. Sec. 123. Administration. (7) According to UNAIDS, by the end of (Ordered to lie on the table.) Sec. 124. Advisory Board. Mr. ALLARD submitted an amend- 1999, 13,200,000 children have lost at least one CHAPTER 2—REPORTS ment intended to be proposed by him parent to AIDS, including 12,100,000 children Sec. 131. Reports to Congress. in sub-Saharan Africa, and are thus consid- to the bill (H.R. 4733) making appro- ered AIDS orphans. priations for energy and water develop- CHAPTER 3—UNITED STATES FINANCIAL PARTICIPATION (8) At current infection and growth rates ment for the fiscal year ending Sep- for HIV/AIDS, the National Intelligence Sec. 141. Authorization of appropriations. tember 30, 2001, and for other purposes; Council estimates that the number of AIDS Sec. 142. Certification requirement. as follows: orphans worldwide will increase dramati- On page 66, between lines 11 and 12, insert TITLE II—INTERNATIONAL cally, potentially increasing threefold or the following: TUBERCULOSIS CONTROL more in the next 10 years, contributing to SEC. 2ll. USE OF COLORADO-BIG THOMPSON Sec. 201. Short title. economic decay, social fragmentation, and PROJECT FACILITIES FOR NON- Sec. 202. Findings. political destabilization in already volatile PROJECT WATER. Sec. 203. Assistance for tuberculosis preven- and strained societies. Children without care The Secretary of the Interior may enter tion, treatment, control, and or hope are often drawn into prostitution, into contracts with the city of Loveland, elimination. crime, substance abuse, or child soldiery.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7695 (9) Donors must focus on adequate prepara- that the scale of the problem in one con- grams as part of a multidonor strategy to tions for the explosion in the number of or- tinent can be contained within that region. address the support and education of orphans phans and the burden they will place on fam- (20) Accordingly, United States financial in sub-Saharan Africa, including AIDS or- ilies, communities, economies, and govern- support for medical research, education, and phans. ments. Support structures and incentives for disease containment as a global strategy has ‘‘(ii) Assistance made available under this families, communities, and institutions beneficial ramifications for millions of subsection, and assistance made available which will provide care for children or- Americans and their families who are af- under chapter 4 of part II to carry out the phaned by HIV/AIDS, or for the children who fected by this disease, and the entire popu- purposes of this subsection, may be made are themselves afflicted by HIV/AIDS, will lation which is potentially susceptible. available notwithstanding any other provi- be essential. (b) PURPOSES.—The purposes of this title sion of law that restricts assistance to for- (10) The 1999 annual report by the United are to— eign countries. Nations Children’s Fund (UNICEF) states (1) help prevent human suffering through ‘‘(D) Of the funds authorized to be appro- ‘‘[t]he number of orphans, particularly in Af- the prevention, diagnosis, and treatment of priated under subparagraph (A), not less rica, constitutes nothing less than an emer- HIV/AIDS; and than 8.3 percent is authorized to be available gency, requiring an emergency response’’ (2) help ensure the viability of economic to carry out the prevention strategies for and that ‘‘finding the resources needed to development, stability, and national secu- vertical transmission referred to in para- help stabilize the crisis and protect children rity in the developing world by advancing re- graph (4)(A). is a priority that requires urgent action from search to— ‘‘(E) Of the funds authorized to be appro- the international community.’’. (A) understand the causes associated with priated by subparagraph (A), not more than (11) The discovery of a relatively simple HIV/AIDS in developing countries; and 7 percent may be used for the administrative and inexpensive means of interrupting the (B) assist in the development of an AIDS expenses of the agency primarily responsible transmission of HIV from an infected mother vaccine. for carrying out this part of this Act in sup- to the unborn child—namely with nevirapine Subtitle A—United States Assistance port of activities described in paragraphs (4) (NVP), which costs US$4 a tablet—has cre- and (5). ated a great opportunity for an unprece- SEC. 111. ADDITIONAL ASSISTANCE AUTHORITIES ‘‘(F) Funds appropriated under this para- dented partnership between the United TO COMBAT HIV AND AIDS. graph are authorized to remain available States Government and the governments of (a) ASSISTANCE FOR PREVENTION OF HIV/ until expended.’’. Asian, African and Latin American countries AIDS AND VERTICAL TRANSMISSION.—Section (b) TRAINING AND TRAINING FACILITIES IN to reduce mother-to-child transmission (also 104(c) of the Foreign Assistance Act of 1961 SUB-SAHARAN AFRICA.—Section 496(i)(2) of known as ‘‘vertical transmission’’) of HIV. (22 U.S.C. 2151b(c)) is amended by adding at the Foreign Assistance Act of 1961 (22 U.S.C. (12) According to UNAIDS, if implemented the end the following new paragraphs: 2293(i)(2)) is amended by adding at the end this strategy will decrease the proportion of ‘‘(4)(A) Congress recognizes the growing the following new sentence: ‘‘In addition, orphans that are HIV-infected and decrease international dilemma of children with the providing training and training facilities, in infant and child mortality rates in these de- human immunodeficiency virus (HIV) and sub-Saharan Africa, for doctors and other veloping regions. the merits of intervention programs aimed health care providers, notwithstanding any (13) A mother-to-child antiretroviral drug at this problem. Congress further recognizes provision of law that restricts assistance to strategy can be a force for social change, that mother-to-child transmission preven- foreign countries.’’. tion strategies can serve as a major force for providing the opportunity and impetus need- SEC. 112. VOLUNTARY CONTRIBUTION TO GLOB- ed to address often long-standing problems of change in developing regions, and it is, AL ALLIANCE FOR VACCINES AND inadequate services and the profound stigma therefore, a major objective of the foreign IMMUNIZATIONS AND INTER- associated with HIV-infection and the AIDS assistance program to control the acquired NATIONAL AIDS VACCINE INITIA- disease. Strengthening the health infrastruc- immune deficiency syndrome (AIDS) epi- TIVE. ture to improve mother-and-child health, demic. (a) AUTHORIZATION OF APPROPRIATIONS.— antenatal, delivery and postnatal services, ‘‘(B) The agency primarily responsible for Section 302 of the Foreign Assistance Act of and couples counseling generates enormous administering this part shall— 1961 (22 U.S.C. 2222) is amended by adding at spillover effects toward combating the AIDS ‘‘(i) coordinate with UNAIDS, UNICEF, the end the following new subsections: epidemic in developing regions. WHO, national and local governments, and ‘‘(k) In addition to amounts otherwise (14) United States Census Bureau statistics other organizations to develop and imple- available under this section, there is author- show life expectancy in sub-Saharan Africa ment effective strategies to prevent vertical ized to be appropriated to the President falling to around 30 years of age within a transmission of HIV; and $50,000,000 for each of the fiscal years 2001 decade, the lowest in a century, and project ‘‘(ii) coordinate with those organizations and 2002 to be available only for United life expectancy in 2010 to be 29 years of age to increase intervention programs and intro- States contributions to the Global Alliance in Botswana, 30 years of age in Swaziland, 33 duce voluntary counseling and testing, for Vaccines and Immunizations. years of age in Namibia and Zimbabwe, and antiretroviral drugs, replacement feeding, ‘‘(l) In addition to amounts otherwise 36 years of age in South Africa, Malawi, and and other strategies. available under this section, there is author- Rwanda, in contrast to a life expectancy of ‘‘(5)(A) Congress expects the agency pri- ized to be appropriated to the President 70 years of age in many of the countries marily responsible for administering this $10,000,000 for each of the fiscal years 2001 without a high prevalence of AIDS. part to make the human immunodeficiency and 2002 to be available only for United (15) A January 2000 United States National virus (HIV) and the acquired immune defi- States contributions to the International Intelligence Estimate (NIE) report on the ciency syndrome (AIDS) a priority in the for- AIDS Vaccine Initiative.’’. global infectious disease threat concluded eign assistance program and to undertake a (b) REPORT.—At the close of fiscal year that the economic costs of infectious dis- comprehensive, coordinated effort to combat 2001, the President shall submit a report to eases—especially HIV/AIDS—are already sig- HIV and AIDS. the appropriate congressional committees on nificant and could reduce GDP by as much as ‘‘(B) Assistance described in subparagraph the effectiveness of the Global Alliance for 20 percent or more by 2010 in some sub-Saha- (A) shall include help providing— Vaccines and Immunizations and the Inter- ran African nations. ‘‘(i) primary prevention and education; national AIDS Vaccine Initiative during that (16) According to the same NIE report, HIV ‘‘(ii) voluntary testing and counseling; fiscal year in meeting the goals of— prevalence among militias in Angola and the ‘‘(iii) medications to prevent the trans- (1) improving access to sustainable immu- Democratic Republic of the Congo are esti- mission of HIV from mother to child; and nization services; mated at 40 to 60 percent, and at 15 to 30 per- ‘‘(iv) care for those living with HIV or (2) expanding the use of all existing, safe, cent in Tanzania. AIDS. and cost-effective vaccines where they ad- (17) The HIV/AIDS epidemic is of increas- ‘‘(6)(A) In addition to amounts otherwise dress a public health problem; ing concern in other regions of the world, available for such purpose, there is author- (3) accelerating the development and intro- with UNAIDS estimating that there are ized to be appropriated to the President duction of new vaccines and technologies; more than 5,600,000 cases in South and $300,000,000 for each of the fiscal years 2001 (4) accelerating research and development South-east Asia, that the rate of HIV infec- and 2002 to carry out paragraphs (4) and (5). efforts for vaccines needed primarily in de- tion in the Caribbean is second only to sub- ‘‘(B) Of the funds authorized to be appro- veloping countries; and Saharan Africa, and that HIV infections priated under subparagraph (A), not less (5) making immunization coverage a cen- have doubled in just two years in the former than 65 percent is authorized to be available terpiece in international development ef- Soviet Union. through United States and foreign non- forts. (18) Despite the discouraging statistics on governmental organizations, including pri- (c) APPROPRIATE CONGRESSIONAL COMMIT- the spread of HIV/AIDS, some developing na- vate and voluntary organizations, for-profit TEES DEFINED.—In subsection (b), the term tions—such as Uganda, Senegal, and Thai- organizations, religious affiliated organiza- ‘‘appropriate congressional committees’’ land—have implemented prevention pro- tions, educational institutions, and research means the Committee on Foreign Relations grams that have substantially curbed the facilities. and the Committee on Appropriations of the rate of HIV infection. ‘‘(C)(i) Of the funds authorized to be appro- Senate and the Committee on International (19) AIDS, like all diseases, knows no na- priated by subparagraph (A), not less than 20 Relations and the Committee on Appropria- tional boundaries, and there is no certitude percent is authorized to be available for pro- tions of the House of Representatives.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7696 CONGRESSIONAL RECORD — SENATE July 26, 2000 SEC. 113. COORDINATED DONOR STRATEGY FOR should have demonstrated knowledge and ex- SEC. 123. ADMINISTRATION. SUPPORT AND EDUCATION OF OR- perience in the fields of public health, epide- (a) APPOINTMENT OF AN ADMINISTRATOR.— PHANS IN SUB-SAHARAN AFRICA. miology, health care (including delivery sys- The Board of Trustees, in consultation with (a) STATEMENT OF POLICY.—It is in the na- tems), and development. the appropriate officials of the Bank, should tional interest of the United States to assist (2) UNITED STATES REPRESENTATION.— appoint an Administrator who should be re- in mitigating the burden that will be placed (A) IN GENERAL.—Upon the effective date of sponsible for managing the day-to-day oper- on sub-Saharan African social, economic, this paragraph, there shall be a United ations of the Trust Fund. and political institutions as these institu- States member of the Board of Trustees, who (b) AUTHORITY TO SOLICIT AND ACCEPT CON- tions struggle with the consequences of a shall be appointed by the President, by and TRIBUTIONS.—The Trust Fund should be au- dramatically increasing AIDS orphan popu- with the advice and consent of the Senate, thorized to solicit and accept contributions lation, many of whom are themselves in- and who shall have the qualifications de- from governments, the private sector, and fected by HIV and living with AIDS. Effec- scribed in paragraph (1). nongovernmental entities of all kinds. tively addressing that burden and its con- (B) EFFECTIVE AND TERMINATION DATES.— sequences in sub-Saharan Africa will require (i) EFFECTIVE DATE.—This paragraph shall (c) ACCOUNTABILITY OF FUNDS AND CRITERIA a coordinated multidonor strategy. take effect upon the date the Secretary of FOR PROGRAMS.—As part of the negotiations (b) DEVELOPMENT OF STRATEGY.—The the Treasury certifies to Congress that an described in section 121(a), the Secretary of President shall coordinate the development agreement establishing the Trust Fund and the Treasury shall, consistent with sub- of a multidonor strategy to provide for the providing for a United States member of the section (d)— support and education of AIDS orphans and Board of Trustees is in effect. (1) take such actions as are necessary to the families, communities, and institutions (ii) TERMINATION DATE.—The position es- ensure that the Bank or the Association will most affected by the HIV/AIDS epidemic in tablished by subparagraph (A) is abolished have in effect adequate procedures and sub-Saharan Africa. upon the date of termination of the Trust standards to account for and monitor the use (c) DEFINITION.—In this section, the term Fund. of funds contributed to the Trust Fund, in- ‘‘HIV/AIDS’’ means, with respect to an indi- SEC. 122. GRANT AUTHORITIES. cluding the cost of administering the Trust vidual, an individual who is infected with the (a) PROGRAM OBJECTIVES.— Fund; and human immunodeficiency virus (HIV), the (1) IN GENERAL.—In carrying out the pur- (2) seek agreement on the criteria that pathogen that causes the acquired immune pose of section 121(b), the Trust Fund, acting should be used to determine the programs deficiency virus (AIDS), or living with AIDS. through the Board of Trustees, should pro- and activities that should be assisted by the SEC. 114. AFRICAN CRISIS RESPONSE INITIATIVE vide only grants, including grants for tech- Trust Fund. AND HIV/AIDS TRAINING. nical assistance to support measures to build (d) SELECTION OF PROJECTS AND RECIPI- (a) FINDINGS.—Congress finds that— local capacity in national and local govern- ENTS.—The Board of Trustees should estab- (1) the spread of HIV/AIDS constitutes a ment, civil society, and the private sector to lish— threat to security in Africa; lead and implement effective and affordable (1) criteria for the selection of projects to (2) civil unrest and war may contribute to HIV/AIDS prevention, education, treatment receive support from the Trust Fund; the spread of the disease to different parts of and care services, and research and develop- (2) standards and criteria regarding quali- the continent; ment activities, including access to afford- fications of recipients of such support; (3) the percentage of soldiers in African able drugs. (3) such rules and procedures as may be militaries who are infected with HIV/AIDS is (2) ACTIVITIES SUPPORTED.—Among the ac- necessary for cost-effective management of unknown, but estimates range in some coun- tivities the Trust Fund should provide the Trust Fund; and tries as high as 40 percent; and grants for should be— (4) such rules and procedures as may be (4) it is in the interests of the United (A) programs to promote the best practices necessary to ensure transparency and ac- States to assist the countries of Africa in in prevention, including health education countability in the grant-making process. combating the spread of HIV/AIDS. messages that emphasize risk avoidance such (e) TRANSPARENCY OF OPERATIONS.—The (b) EDUCATION ON THE PREVENTION OF THE as abstinence; Board of Trustees should ensure full and SPREAD OF AIDS.—In undertaking education (B) measures to ensure a safe blood supply; prompt public disclosure of the proposed ob- and training programs for military establish- (C) voluntary HIV/AIDS testing and coun- jectives, financial organization, and oper- ments in African countries, the United seling; ations of the Trust Fund. States shall ensure that classroom training (D) measures to stop mother-to-child under the African Crisis Response Initiative transmission of HIV/AIDS, including through SEC. 124. ADVISORY BOARD. includes military-based education on the diagnosis of pregnant women, access to cost- (a) IN GENERAL.—There should be an Advi- prevention of the spread of AIDS. effective treatment and counseling, and ac- sory Board to the Trust Fund. Subtitle B—World Bank AIDS Trust Fund cess to infant formula or other alternatives (b) APPOINTMENTS.—The members of the CHAPTER 1—ESTABLISHMENT OF THE for infant feeding; Advisory Board should be drawn from— FUND (E) programs to provide for the support (1) a broad range of individuals with expe- and education of AIDS orphans and the fami- rience and leadership in the fields of develop- SEC. 121. ESTABLISHMENT. lies, communities, and institutions most af- ment, health care (especially HIV/AIDS), epi- (a) NEGOTIATIONS FOR ESTABLISHMENT OF fected by the HIV/AIDS epidemic; demiology, medicine, biomedical research, TRUST FUND.—The Secretary of the Treasury (F) measures for the deterrence of gender- and social sciences; and shall seek to enter into negotiations with based violence and the provision of post-ex- (2) representatives of relevant United Na- the World Bank or the Association, in con- posure prophylaxis to victims of rape and tions agencies and nongovernmental organi- sultation with the Administrator of the sexual assault; and zations with on-the-ground experience in af- United States Agency for International De- (G) incentives to promote affordable access fected countries. velopment and other United States Govern- to treatments against AIDS and related in- ment agencies, and with the member nations (c) RESPONSIBILITIES.—The Advisory Board fections. of the World Bank or the Association and should provide advice and guidance to the (3) IMPLEMENTATION OF PROGRAM OBJEC- with other interested parties, for the estab- Board of Trustees on the development and TIVES.—In carrying out the objectives of lishment within the World Bank of— implementation of programs and projects to paragraph (1), the Trust Fund should coordi- (1) the World Bank AIDS Trust Fund (in be assisted by the Trust Fund and on nate its activities with governments, civil this subtitle referred to as the ‘‘Trust leveraging donations to the Trust Fund. society, nongovernmental organizations, the Fund’’) in accordance with the provisions of (d) PROHIBITION ON PAYMENT OF COMPENSA- Joint United Nations Program on HIV/AIDS this chapter; and TION.— (UNAIDS), the International Partnership (2) the Advisory Board to the Trust Fund (1) IN GENERAL.—Except for travel expenses Against AIDS in Africa, other international in accordance with section 124. (including per diem in lieu of subsistence), organizations, the private sector, and donor (b) PURPOSE.—The purpose of the Trust no member of the Advisory Board should re- agencies working to combat the HIV/AIDS Fund should be to use contributed funds to— ceive compensation for services performed as crisis. (1) assist in the prevention and eradication a member of the Board. (b) PRIORITY.—In providing grants under of HIV/AIDS and the care and treatment of this section, the Trust Fund should give pri- (2) UNITED STATES REPRESENTATIVE.—Not- individuals infected with HIV/AIDS; and ority to countries that have the highest HIV/ withstanding any other provision of law (in- (2) provide support for the establishment of AIDS prevalence rate or are at risk of having cluding an international agreement), a rep- programs that provide health care and pri- a high HIV/AIDS prevalence rate. resentative of the United States on the Advi- mary and secondary education for children (c) ELIGIBLE GRANT RECIPIENTS.—Govern- sory Board may not accept compensation for orphaned by the HIV/AIDS epidemic. ments and nongovernmental organizations services performed as a member of the (c) COMPOSITION.— should be eligible to receive grants under Board, except that such representative may (1) IN GENERAL.—The Trust Fund should be this section. accept travel expenses, including per diem in governed by a Board of Trustees, which (d) PROHIBITION.—The Trust Fund should lieu of subsistence, while away from the rep- should be composed of representatives of the not make grants for the purpose of project resentative’s home or regular place of busi- participating donor countries to the Trust development associated with bilateral or ness in the performance of services for the Fund. Individuals appointed to the Board multilateral bank loans. Board.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7697 CHAPTER 2—REPORTS (1) Since the development of antibiotics in and implementation of a comprehensive tu- SEC. 131. REPORTS TO CONGRESS. the 1950s, tuberculosis has been largely con- berculosis control program; and (a) ANNUAL REPORTS BY TREASURY SEC- trolled in the United States and the Western ‘‘(ii) to set as a goal the detection of at RETARY.— World. least 70 percent of the cases of infectious tu- (1) IN GENERAL.—Not later than 1 year after (2) Due to societal factors, including grow- berculosis, and the cure of at least 85 percent the date of enactment of this Act, and annu- ing urban decay, inadequate health care sys- of the cases detected, in those countries in ally thereafter for the duration of the Trust tems, persistent poverty, overcrowding, and which the agency has established develop- Fund, the Secretary of the Treasury shall malnutrition, as well as medical factors, in- ment programs, by December 31, 2010. submit to the appropriate committees of cluding the HIV/AIDS epidemic and the ‘‘(B) There is authorized to be appropriated Congress a report on the Trust Fund. emergence of multi-drug resistant strains of to the President, $60,000,000 for each of the (2) REPORT ELEMENTS.—The report shall in- tuberculosis, tuberculosis has again become fiscal years 2001 and 2002 to be used to carry clude a description of— a leading and growing cause of adult deaths out this paragraph. Funds appropriated (A) the goals of the Trust Fund; in the developing world. under this subparagraph are authorized to (B) the programs, projects, and activities, (3) According to the World Health Organi- remain available until expended.’’. including any vaccination approaches, sup- zation— TITLE III—ADMINISTRATIVE ported by the Trust Fund; (A) in 1998, about 1,860,000 people worldwide AUTHORITIES (C) private and governmental contribu- died of tuberculosis-related illnesses; SEC. 301. EFFECTIVE PROGRAM OVERSIGHT. tions to the Trust Fund; and (B) one-third of the world’s total popu- Section 635 of the Foreign Assistance Act (D) the criteria that have been established, lation is infected with tuberculosis; and of 1961 (22 U.S.C. 2395) is amended by adding acceptable to the Secretary of the Treasury (C) tuberculosis is the world’s leading kill- at the end thereof the following new sub- and the Administrator of the United States er of women between 15 and 44 years old and section: Agency for International Development, that is a leading cause of children becoming or- ‘‘(l) The Administrator of the agency pri- would be used to determine the programs phans. marily responsible for administering part I and activities that should be assisted by the (4) Because of the ease of transmission of may use funds made available under that Trust Fund. tuberculosis, its international persistence part to provide program and management (b) GAO REPORT ON TRUST FUND EFFEC- and growth pose a direct public health threat oversight for activities that are funded under TIVENESS.—Not later than 2 years after the to those nations that had previously largely that part and that are conducted in coun- date of enactment of this Act, the Comp- controlled the disease. This is complicated in tries in which the agency does not have a troller General of the United States shall the United States by the growth of the field mission or office.’’. submit to the appropriate committees of the homeless population, the rate of incarcer- SEC. 302. TERMINATION EXPENSES. Congress a report evaluating the effective- ation, international travel, immigration, and Section 617 of the Foreign Assistance Act ness of the Trust Fund, including— HIV/AIDS. of 1961 (22 U.S.C. 2367) is amended to read as (1) the effectiveness of the programs, (5) With nearly 40 percent of the tuber- follows: projects, and activities described in sub- culosis cases in the United States attrib- ‘‘SEC. 617. TERMINATION EXPENSES. section (a)(2)(B) in reducing the worldwide utable to foreign-born persons, tuberculosis ‘‘(a) IN GENERAL.—Funds made available spread of AIDS; and will never be controlled in the United States under this Act and the Arms Export Control (2) an assessment of the merits of contin- until it is controlled abroad. Act, may remain available for obligation for ued United States financial contributions to (6) The means exist to control tuberculosis a period not to exceed 8 months from the the Trust Fund. through screening, diagnosis, treatment, pa- date of any termination of assistance under (c) APPROPRIATE COMMITTEES DEFINED.—In tient compliance, monitoring, and ongoing such Acts for the necessary expenses of wind- subsection (a), the term ‘‘appropriate com- review of outcomes. ing up programs related to such termination mittees’’ means the Committee on Foreign (7) Efforts to control tuberculosis are com- and may remain available until expended. Relations and the Committee on Appropria- plicated by several barriers, including— Funds obligated under the authority of such tions of the Senate and the Committee on (A) the labor intensive and lengthy process Acts prior to the effective date of the termi- International Relations, the Committee on involved in screening, detecting, and treat- nation of assistance may remain available Banking and Financial Services, and the ing the disease; for expenditure for the necessary expenses of Committee on Appropriations of the House (B) a lack of funding, trained personnel, winding up programs related to such termi- of Representatives. and medicine in virtually every nation with nation notwithstanding any provision of law CHAPTER 3—UNITED STATES FINANCIAL a high rate of the disease; restricting the expenditure of funds. In order PARTICIPATION (C) the unique circumstances in each coun- to ensure the effectiveness of such assist- try, which requires the development and im- SEC. 141. AUTHORIZATION OF APPROPRIATIONS. ance, such expenses for orderly termination plementation of country-specific programs; (a) IN GENERAL.—In addition to any other of programs may include the obligation and and funds authorized to be appropriated for mul- expenditure of funds to complete the train- (D) the risk of having a bad tuberculosis tilateral or bilateral programs related to ing or studies outside their countries of ori- program, which is worse than having no tu- HIV/AIDS or economic development, there is gin of students whose course of study or authorized to be appropriated to the Sec- berculosis program because it would signifi- training program began before assistance retary of the Treasury $150,000,000 for each of cantly increase the risk of the development was terminated. the fiscal years 2001 and 2002 for payment to of more widespread drug-resistant strains of ‘‘(b) LIABILITY TO CONTRACTORS.—For the the Trust Fund. the disease. purpose of making an equitable settlement (b) ALLOCATION OF FUNDS.—Of the amounts (8) Eliminating the barriers to the inter- of termination claims under extraordinary authorized to be appropriated by subsection national control of tuberculosis through a contractual relief standards, the President is (a) for the fiscal years 2001 and 2002, well-structured, comprehensive, and coordi- authorized to adopt as a contract or other $50,000,000 are authorized to be available each nated worldwide effort would be a significant obligation of the United States Government, such fiscal year only for programs that ben- step in dealing with the increasing public and assume (in whole or in part) any liabil- efit orphans. health problem posed by the disease. ities arising thereunder, any contract with a SEC. 142. CERTIFICATION REQUIREMENT. SEC. 203. ASSISTANCE FOR TUBERCULOSIS PRE- United States or third-country contractor (a) IN GENERAL.—Prior to the initial obli- VENTION, TREATMENT, CONTROL, that had been funded with assistance under gation or expenditure of funds appropriated AND ELIMINATION. such Acts prior to the termination of assist- pursuant to section 141, the Secretary of the Section 104(c) of the Foreign Assistance ance. Treasury shall certify that adequate proce- Act of 1961 (22 U.S.C. 2151b(c)), as amended by ‘‘(c) TERMINATION EXPENSES.—Amounts dures and standards have been established to section 111(a) of this Act, is further amended certified as having been obligated for assist- ensure accountability for and monitoring of by adding at the end the following: ance subsequently terminated by the Presi- the use of funds contributed to the Trust ‘‘(7)(A) Congress recognizes the growing dent, or pursuant to any provision of law, Fund, including the cost of administering international problem of tuberculosis and shall continue to remain available and may the Trust Fund. the impact its continued existence has on be reobligated to meet any necessary ex- (b) TRANSMITTAL OF CERTIFICATION.—The those nations that had previously largely penses arising from the termination of such certification required by subsection (a), and controlled the disease. Congress further rec- assistance. the bases for that certification, shall be sub- ognizes that the means exist to control and ‘‘(d) GUARANTY PROGRAMS.—Provisions of mitted by the Secretary of the Treasury to treat tuberculosis, and that it is therefore a this or any other Act requiring the termi- Congress. major objective of the foreign assistance pro- nation of assistance under this or any other TITLE II—INTERNATIONAL gram to control the disease. To this end, Act shall not be construed to require the ter- TUBERCULOSIS CONTROL Congress expects the agency primarily re- mination of guarantee commitments that SEC. 201. SHORT TITLE. sponsible for administering this part— were entered into prior to the effective date This title may be cited as the ‘‘Inter- ‘‘(i) to coordinate with the World Health of the termination of assistance. national Tuberculosis Control Act of 2000’’. Organization, the Centers for Disease Con- ‘‘(e) RELATION TO OTHER PROVISIONS.—Un- SEC. 202. FINDINGS. trol, the National Institutes of Health, and less specifically made inapplicable by an- Congress makes the following findings: other organizations toward the development other provision of law, the provisions of this

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7698 CONGRESSIONAL RECORD — SENATE July 26, 2000 section shall be applicable to the termi- (13) the problem of the fractionation of In- ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- nation of assistance pursuant to any provi- dian lands described in this section is the re- TIONS OF FRACTIONAL INTERESTS sion of law.’’. sult of a policy of the Federal Government, BY TRIBES. cannot be solved by Indian tribes, and re- ‘‘(a) TRIBAL PROBATE CODES.— INDIAN LAND CONSOLIDATION ACT quires a solution under Federal law. ‘‘(1) IN GENERAL.—Notwithstanding any AMENDMENTS OF 2000 (14) any devise or inheritance of an interest other provision of law, any Indian tribe may in trust or restricted Indian lands is a mat- adopt a tribal probate code to govern descent ter of Federal law; and and distribution of trust or restricted lands CAMPBELL AMENDMENT NO. 4019 (15) consistent with the Federal policy of that are— tribal self-determination, the Federal Gov- ‘‘(A) located within that Indian tribe’s res- Mr. DEWINE (for Mr. CAMPBELL) pro- ernment should encourage the recognized ervation; or posed an amendment to the bill (S. tribal government that exercises jurisdiction ‘‘(B) otherwise subject to the jurisdiction 1586) to reduce the fractionated owner- over a reservation to establish a tribal pro- of that Indian tribe. ship of Indian Lands, and for other pur- bate code for that reservation. ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate poses; as follows: SEC. 102. DECLARATION OF POLICY. code referred to in paragraph (1) may in- It is the policy of the United States— clude— Strike all after the enacting clause and in- ‘‘(A) rules of intestate succession; and sert the following: (1) to prevent the further fractionation of trust allotments made to Indians; ‘‘(B) other tribal probate code provisions SECTION 1. SHORT TITLE. (2) to consolidate fractional interests and that are consistent with Federal law and This Act may be cited as the ‘‘Indian Land ownership of those interests into usable par- that promote the policies set forth in section Consolidation Act Amendments of 2000’’. cels; 102 of the Indian Land Consolidation Act TITLE I—INDIAN LAND CONSOLIDATION (3) to consolidate fractional interests in a Amendments of 2000. SEC. 101. FINDINGS. manner that enhances tribal sovereignty; ‘‘(3) LIMITATIONS.—The Secretary shall not Congress finds that— (4) to promote tribal self-sufficiency and approve a tribal probate code if such code (1) in the 1800’s and early 1900’s, the United self-determination; and prevents an Indian person from inheriting an States sought to assimilate Indian people (5) to reverse the effects of the allotment interest in an allotment that was originally into the surrounding non-Indian culture by policy on Indian tribes. allotted to his or her lineal ancestor. allotting tribal lands to individual members SEC. 103. AMENDMENTS TO THE INDIAN LAND ‘‘(b) SECRETARIAL APPROVAL.— of Indian tribes; CONSOLIDATION ACT. ‘‘(1) IN GENERAL.—Any tribal probate code (2) as a result of the allotment Acts and re- The Indian Land Consolidation Act (25 enacted under subsection (a), and any lated Federal policies, over 90,000,000 acres of U.S.C. 2201 et seq.) is amended— amendment to such a tribal probate code, land have passed from tribal ownership; (1) in section 202— shall be subject to the approval of the Sec- (3) many trust allotments were taken out (A) in paragraph (1), by striking ‘‘(1) retary. of trust status, often without their owners ‘tribe’ ’’ and inserting ‘‘(1) ‘Indian tribe’ or ‘‘(2) REVIEW AND APPROVAL.— consent; ‘tribe’ ’’; ‘‘(A) IN GENERAL.—Each Indian tribe that (4) without restrictions on alienation, al- (B) by striking paragraph (2) and inserting adopts a tribal probate code under sub- lotment owners were subject to exploitation the following: section (a) shall submit that code to the Sec- and their allotments were often sold or dis- ‘‘(2) ‘Indian’ means any person who is a retary for review. Not later than 180 days posed of without any tangible or enduring member of any Indian tribe or is eligible to after a tribal probate code is submitted to benefit to their owners; become a member of any Indian tribe, or any the Secretary under this paragraph, the Sec- (5) the trust periods for trust allotments person who has been found to meet the defi- retary shall review and approve or dis- have been extended indefinitely; nition of ‘Indian’ under a provision of Fed- approve that tribal probate code. (6) because of the inheritance provisions in eral law if the Secretary determines that ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE the original treaties or allotment Acts, the using such law’s definition of Indian is con- OR DISAPPROVE A TRIBAL PROBATE CODE.—If ownership of many of the trust allotments sistent with the purposes of this Act;’’; the Secretary fails to approve or disapprove that have remained in trust status has be- (C) by striking ‘‘and’’ at the end of para- a tribal probate code submitted for review come fractionated into hundreds or thou- graph (3); under subparagraph (A) by the date specified sands of undivided interests, many of which (D) by striking the period at the end of in that subparagraph, the tribal probate code represent 2 percent or less of the total inter- paragraph (4) and inserting ‘‘; and’’; and shall be deemed to have been approved by ests; (E) by adding at the end the following: the Secretary, but only to the extent that (7) Congress has authorized the acquisition ‘‘(5) ‘heirs of the first or second degree’ the tribal probate code is consistent with of lands in trust for individual Indians, and means parents, children, grandchildren, Federal law and promotes the policies set many of those lands have also become grandparents, brothers and sisters of a dece- forth in section 102 of the Indian Land Con- fractionated by subsequent inheritance; dent.’’; solidation Act Amendments of 2000. (8) the acquisitions referred to in para- (2) in section 205— ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE graph (7) continue to be made; (A) in the matter preceding paragraph (1)— WITH ACT.—The Secretary may not approve a (9) the fractional interests described in this (i) by striking ‘‘Any Indian’’ and inserting tribal probate code, or any amendment to section often provide little or no return to ‘‘(a) IN GENERAL.—Subject to subsection (b), such a code, under this paragraph unless the the beneficial owners of those interests and any Indian’’; Secretary determines that the tribal probate the administrative costs borne by the United (ii) by striking the colon and inserting the code promotes the policies set forth in sec- States for those interests are inordinately following: ‘‘. Interests owned by an Indian tion 102 of the Indian Land Consolidation high; tribe in a tract may be included in the com- Act Amendments of 2000. (10) in Babbitt v. Youpee (117 S Ct. 727 putation of the percentage of ownership of ‘‘(D) EXPLANATION.—If the Secretary dis- (1997)), the United States Supreme Court the undivided interests in that tract for pur- approves a tribal probate code, or an amend- found the application of section 207 of the In- poses of determining whether the consent re- ment to such a code, under this paragraph, dian Land Consolidation Act (25 U.S.C. 2206) quirement under the preceding sentence has the Secretary shall include in the notice of to the facts presented in that case to be un- been met.’’; disapproval to the Indian tribe a written ex- constitutional, forcing the Department of (iii) by striking ‘‘: Provided, That—’’; and planation of the reasons for the disapproval. the Interior to address the status of thou- inserting the following: ‘‘(E) AMENDMENTS.— sands of undivided interests in trust and re- ‘‘(b) CONDITIONS APPLICABLE TO PUR- ‘‘(i) IN GENERAL.—Each Indian tribe that stricted lands; CHASE.—Subsection (a) applies on the condi- amends a tribal probate code under this (11)(A) on February 19, 1999, the Secretary tion that—’’; paragraph shall submit the amendment to of Interior issued a Secretarial Order which (B) in paragraph (2)— the Secretary for review and approval. Not officially reopened the probate of all estates (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and later than 60 days after receiving an amend- where an interest in land was ordered to es- (ii) by adding ‘‘and’’ at the end; and ment under this subparagraph, the Secretary cheat to an Indian tribe pursuant to section (C) by striking paragraph (3) and inserting shall review and approve or disapprove the 207 of the Indian Land Consolidation Act (25 the following: amendment. U.S.C. 2206); and ‘‘(3) the approval of the Secretary shall be ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE (B) the Secretarial Order also directed ap- required for a land sale initiated under this OR DISAPPROVE AN AMENDMENT.—If the Sec- propriate officials of the Bureau of Indian section, except that such approval shall not retary fails to approve or disapprove an Affairs to distribute such interests ‘‘to the be required with respect to a land sale trans- amendment submitted under clause (i), the rightful heirs and beneficiaries without re- action initiated by an Indian tribe that has amendment shall be deemed to have been ap- gard to 25 U.S.C. 2206’’; in effect a land consolidation plan that has proved by the Secretary, but only to the ex- (12) in the absence of comprehensive reme- been approved by the Secretary under sec- tent that the amendment is consistent with dial legislation, the number of the fractional tion 204.’’; Federal law and promotes the policies set interests will continue to grow exponen- (3) by striking section 206 and inserting the forth in section 102 of the Indian Land Con- tially; following: solidation Act of 2000.

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‘‘(3) EFFECTIVE DATES.—A tribal probate ‘‘(1) IN GENERAL.—Interests in trust or re- cable laws of intestate succession, if on the code approved under paragraph (2) shall be- stricted land may be devised only to— date of the decedent’s death, such heirs were come effective on the later of— ‘‘(A) the decedent’s Indian spouse or any a co-owner of an interest in the parcel of ‘‘(A) the date specified in section 207(g)(5); other Indian person; or trust or restricted land involved. or ‘‘(B) the Indian tribe with jurisdiction over ‘‘(4) DESCENT TO TRIBE.—If the remainder ‘‘(B) 180 days after the date of approval. the land so devised. interest described in paragraph (3) does not ‘‘(4) LIMITATIONS.— ‘‘(2) LIFE ESTATE.—Any devise of an inter- descend to an Indian heir or heirs it shall de- ‘‘(A) TRIBAL PROBATE CODES.—Each tribal est in trust or restricted land to a non-In- scend to the Indian tribe that exercises juris- probate code enacted under subsection (a) dian shall create a life estate with respect to diction over the parcel of trust or restricted shall apply only to the estate of a decedent such interest. lands involved, subject to paragraph (5). who dies on or after the effective date of the ‘‘(3) REMAINDER.— ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- tribal probate code. ‘‘(A) IN GENERAL.—Except where the re- OWNERS.—An Indian co-owner of a parcel of ‘‘(B) AMENDMENTS TO TRIBAL PROBATE mainder from the life estate referred to in trust or restricted land may prevent the de- CODES.—With respect to an amendment to a paragraph (2) is devised to an Indian, such scent of an interest in such land for which tribal probate code referred to in subpara- remainder shall descend to the decedent’s In- there is no heir of the first or second degree graph (A), that amendment shall apply only dian spouse or Indian heirs of the first or by paying into the decedent’s estate the fair to the estate of a decedent who dies on or second degree pursuant to the applicable law market value of the interest in such land. If after the effective date of the amendment. of intestate succession. more than 1 Indian co-owner makes an offer ‘‘(5) REPEALS.—The repeal of a tribal pro- ‘‘(B) DESCENT OF INTERESTS.—If a decedent to pay for such an interest, the highest bid- bate code shall— described in subparagraph (A) has no Indian der shall obtain the interest. If no such offer ‘‘(A) not become effective earlier than the heirs of the first or second degree, the re- is made, the interest shall descend to the In- date that is 180 days after the Secretary re- mainder interest described in such subpara- dian tribe that exercises jurisdiction over ceives notice of the repeal; and graph shall descend to any of the decedent’s the parcel of land involved. ‘‘(B) apply only to the estate of a decedent collateral heirs of the first or second degree, ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVOR- who dies on or after the effective date of the pursuant to the applicable laws of intestate SHIP.— repeal. succession, if on the date of the decedent’s ‘‘(1) TESTATE.—If a testator devises inter- ests in the same parcel of trust or restricted ‘‘(c) AUTHORITY AVAILABLE TO INDIAN death, such heirs were a co-owner of an in- lands to more than 1 person, in the absence TRIBES.— terest in the parcel of trust or restricted of express language in the devise to the con- ‘‘(1) IN GENERAL.—If the owner of an inter- land involved. trary, the devise shall be presumed to create est in trust or restricted land devises an in- ‘‘(C) DEFINITION.—For purposes of this sec- joint tenancy with the right of survivorship terest in such land to a non-Indian under tion, the term ‘collateral heirs of the first or in the land involved. section 207(a)(6)(A), the Indian tribe that ex- second degree’ means the brothers, sisters, ‘‘(2) INTESTATE.— ercises jurisdiction over the parcel of land aunts, uncles, nieces, nephews, and first ‘‘(A) IN GENERAL.—Any interest in trust or involved may acquire such interest by pay- cousins, of a decedent. restricted land that— ing to the Secretary the fair market value of ‘‘(4) DESCENT TO TRIBE.—If the remainder interest described in paragraph (3)(A) does ‘‘(i) passes by intestate succession to more such interest, as determined by the Sec- not descend to an Indian heir or heirs it shall than 1 person, including a remainder interest retary on the date of the decedent’s death. descend to the Indian tribe that exercises ju- under subsection (a) or (b) of section 207; and The Secretary shall transfer such payment risdiction over the parcel of trust or re- ‘‘(ii) that constitutes 5 percent or more of to the devisee. stricted lands involved, subject to paragraph the undivided interest in a parcel of trust or ‘‘(2) LIMITATION.— (5). restricted land; ‘‘(A) IN GENERAL.—Paragraph (1) shall not ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- shall be held as tenancy in common. apply to an interest in trust or restricted OWNERS.—An Indian co-owner of a parcel of ‘‘(B) LIMITED INTEREST.—Any interest in land if, while the decedent’s estate is pend- trust or restricted land may prevent the de- trust or restricted land that— ing before the Secretary, the non-Indian dev- scent of an interest in Indian land to an In- ‘‘(i) passes by intestate succession to more isee renounces the interest in favor of an In- dian tribe under paragraph (4) by paying into than 1 person, including a remainder interest dian person. the decedent’s estate the fair market value under subsection (a) or (b) of section 207; and ‘‘(B) RESERVATION OF LIFE ESTATE.—A non- of the interest in such land. If more than 1 ‘‘(ii) that constitutes less than 5 percent of Indian devisee described in subparagraph (A) Indian co-owner offers to pay for such an in- the undivided interest in a parcel of trust or or a non-Indian devisee described in section terest, the highest bidder shall obtain the in- restricted land; 207(a)(6)(B), may retain a life estate in the terest. If payment is not received before the shall be held by such heirs with the right of interest involved, including a life estate to close of the probate of the decedent’s estate, survivorship. the revenue produced from the interest. The the interest shall descend to the tribe that ‘‘(3) EFFECTIVE DATE.— amount of any payment required under para- exercises jurisdiction over the parcel. ‘‘(A) IN GENERAL.—This subsection (other graph (1) shall be reduced to reflect the value ‘‘(6) SPECIAL RULE.— than subparagraph (B)) shall become effec- of any life estate reserved by a non-Indian ‘‘(A) IN GENERAL.—Notwithstanding para- tive on the later of— devisee under this subparagraph. graph (2), an owner of trust or restricted land ‘‘(i) the date referred to in subsection ‘‘(3) PAYMENTS.—With respect to payments who does not have an Indian spouse, Indian (g)(5); or by an Indian tribe under paragraph (1), the lineal descendant, an Indian heir of the first ‘‘(ii) the date that is six months after the Secretary shall— or second degree, or an Indian collateral heir date on which the Secretary makes the cer- ‘‘(A) upon the request of the tribe, allow a of the first or second degree, may devise his tification required under subparagraph (B). reasonable period of time, not to exceed 2 or her interests in such land to any of the de- ‘‘(B) CERTIFICATION.—Upon a determina- years, for the tribe to make payments of cedent’s heirs of the first or second degree or tion by the Secretary that the Department amounts due pursuant to paragraph (1); or collateral heirs of the first or second degree. of the Interior has the capacity, including ‘‘(B) recognize alternative agreed upon ex- ‘‘(B) ACQUISITION OF INTEREST BY TRIBE.— policies and procedures, to track and manage changes of consideration or extended pay- An Indian tribe that exercises jurisdiction interests in trust or restricted land held with ment terms between the non-Indian devisee over an interest in trust or restricted land the right of survivorship, the Secretary shall described in paragraph (1) and the tribe in described in subparagraph (A) may acquire certify such determination and publish such satisfaction of the payment under paragraph any interest devised to a non-Indian as pro- certification in the Federal Register. (1). vided for in section 206(c). ‘‘(d) DESCENT OF OFF-RESERVATION ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL ‘‘(b) INTESTATE SUCCESSION.— LANDS.— JUSTICE SYSTEMS.— ‘‘(1) IN GENERAL.—An interest in trust or ‘‘(1) INDIAN RESERVATION DEFINED.—For ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In restricted land shall pass by intestate suc- purposes of this subsection, the term ‘Indian this subsection, the term ‘tribal justice sys- cession only to a decedent’s spouse or heirs reservation’ includes lands located within— tem’ has the meaning given that term in sec- of the first or second degree, pursuant to the ‘‘(A)(i) Oklahoma; and tion 3 of the Indian Tribal Justice Act (25 applicable law of intestate succession. ‘‘(ii) the boundaries of an Indian tribe’s U.S.C. 3602). ‘‘(2) LIFE ESTATE.—Notwithstanding para- former reservation (as defined and deter- ‘‘(2) REGULATIONS.—The Secretary by regu- graph (1), with respect to land described in mined by the Secretary); lation may provide for the use of findings of such paragraph, a non-Indian spouse or non- ‘‘(B) the boundaries of any Indian tribe’s fact and conclusions of law, as rendered by a Indian heirs of the first or second degree current or former reservation; or tribal justice system, as proposed findings of shall only receive a life estate in such land. ‘‘(C) any area where the Secretary is re- fact and conclusions of law in the adjudica- ‘‘(3) DESCENT OF INTERESTS.—If a decedent quired to provide special assistance or con- tion of probate proceedings by the Depart- described in paragraph (1) has no Indian sideration of a tribe’s acquisition of land or ment of the Interior.’’; heirs of the first or second degree, the re- interests in land. (4) by striking section 207 and inserting the mainder interest from the life estate referred ‘‘(2) DESCENT.—Except in the State of Cali- following: to in paragraph (2) shall descend to any of fornia, upon the death of an individual hold- ‘‘SEC. 207. DESCENT AND DISTRIBUTION. the decedent’s collateral Indian heirs of the ing an interest in trust or restricted lands ‘‘(a) TESTAMENTARY DISPOSITION.— first or second degree, pursuant to the appli- that are located outside the boundaries of an

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Indian reservation and that are not subject (6) by adding at the end the following: ‘‘(3) LIMITATION.—If an Indian tribe that to the jurisdiction of any Indian tribe, that ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- has jurisdiction over a parcel of trust or re- interest shall descend either— TION OF FRACTIONAL INTERESTS. stricted land owns 10 percent or more of the ‘‘(A) by testate or intestate succession in ‘‘(a) ACQUISITION BY SECRETARY.— undivided interests in a parcel of such land, trust to an Indian; or ‘‘(1) IN GENERAL.—The Secretary may ac- such interest may only be acquired under ‘‘(B) in fee status to any other devises or quire, at the discretion of the Secretary and paragraph (1) with the consent of such Indian heirs. with the consent of the owner, and at fair tribe. ‘‘(e) APPROVAL OF AGREEMENTS.—The offi- market value, any fractional interest in ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- cial authorized to adjudicate the probate of trust or restricted lands. TIONAL INTERESTS, DISPOSITION OF trust or restricted lands shall have the au- PROCEEDS. ‘‘(2) AUTHORITY OF SECRETARY.— thority to approve agreements between a de- ‘‘(a) IN GENERAL.—Subject to the condi- ‘‘(A) IN GENERAL.—The Secretary shall cedent’s heirs and devisees to consolidate in- tions described in subsection (b)(1), an Indian have the authority to acquire interests in terests in trust or restricted lands. The tribe receiving a fractional interest under trust or restricted lands under this section agreements referred to in the preceding sen- section 213 may, as a tenant in common with during the 3-year period beginning on the tence may include trust or restricted lands the other owners of the trust or restricted that are not a part of the decedent’s estate date of certification that is referred to in lands, lease the interest, sell the resources, that is the subject of the probate. The Sec- section 207(g)(5). consent to the granting of rights-of-way, or retary may promulgate regulations for the ‘‘(B) REQUIRED REPORT.—Prior to expira- engage in any other transaction affecting implementation of this subsection. tion of the authority provided for in subpara- the trust or restricted land authorized by ‘‘(f) ESTATE PLANNING ASSISTANCE.— graph (A), the Secretary shall submit the re- law. ‘‘(1) IN GENERAL.—The Secretary shall pro- port required under section 218 concerning ‘‘(b) CONDITIONS.— vide estate planning assistance in accord- whether the program to acquire fractional ‘‘(1) IN GENERAL.—The conditions described ance with this subsection, to the extent interests should be extended or altered to in this paragraph are as follows: amounts are appropriated for such purpose. make resources available to Indian tribes ‘‘(A) Until the purchase price paid by the ‘‘(2) REQUIREMENTS.—The estate planning and individual Indian landowners. Secretary for an interest referred to in sub- assistance provided under paragraph (1) shall ‘‘(3) INTERESTS HELD IN TRUST.—Subject to section (a) has been recovered, or until the be designed to— section 214, the Secretary shall immediately Secretary makes any of the findings under ‘‘(A) inform, advise, and assist Indian land- hold interests acquired under this Act in paragraph (2)(A), any lease, resource sale owners with respect to estate planning in trust for the recognized tribal government contract, right-of-way, or other document order to facilitate the transfer of trust or re- that exercises jurisdiction over the land in- evidencing a transaction affecting the inter- stricted lands to a devisee or devisees se- volved. est shall contain a clause providing that all lected by the landowners; and ‘‘(b) REQUIREMENTS.—In implementing sub- revenue derived from the interest shall be ‘‘(B) assist Indian landowners in accessing section (a), the Secretary— paid to the Secretary. information pursuant to section 217(e). ‘‘(1) shall promote the policies provided for ‘‘(B) Subject to subparagraph (C), the Sec- ‘‘(3) CONTRACTS.—In carrying out this sec- in section 102 of the Indian Land Consolida- retary shall deposit any revenue derived tion, the Secretary may enter into contracts tion Act Amendments of 2000; under subparagraph (A) into the Acquisition with entities that have expertise in Indian ‘‘(2) may give priority to the acquisition of Fund created under section 216. estate planning and tribal probate codes. fractional interests representing 2 percent or ‘‘(C) The Secretary shall deposit any rev- ‘‘(g) NOTIFICATION TO INDIAN TRIBES AND less of a parcel of trust or restricted land, es- enue that is paid under subparagraph (A) OWNERS OF TRUST OR RESTRICTED LANDS.— pecially those interests that would have that is in excess of the purchase price of the ‘‘(1) IN GENERAL.—Not later than 180 days escheated to a tribe but for the Supreme fractional interest involved to the credit of after the date of enactment of the Indian Court’s decision in Babbitt v. Youpee, (117 S the Indian tribe that receives the fractional Land Consolidation Act Amendments of 2000, Ct. 727 (1997)); interest under section 213 and the tribe shall the Secretary shall notify Indian tribes and ‘‘(3) to the extent practicable— have access to such funds in the same man- owners of trust or restricted lands of the ‘‘(A) shall consult with the tribal govern- ner as other funds paid to the Secretary for amendments made by the Indian Land Con- ment that exercises jurisdiction over the the use of lands held in trust for the tribe. solidation Act Amendments of 2000. land involved in determining which tracts to ‘‘(D) Notwithstanding any other provision ‘‘(2) SPECIFICATIONS.—The notice required acquire on a reservation; of law, including section 16 of the Act of under paragraph (1) shall be designed to in- ‘‘(B) shall coordinate the acquisition ac- June 18, 1934 (commonly referred to as the form Indian owners of trust or restricted tivities with the acquisition program of the ‘Indian Reorganization Act’) (48 Stat. 987, land of— tribal government that exercises jurisdiction chapter 576; 25 U.S.C. 476), with respect to ‘‘(A) the effect of this Act, with emphasis over the land involved, including a tribal any interest acquired by the Secretary under on the effect of the provisions of this section, land consolidation plan approved pursuant to section 213, the Secretary may approve a on the testate disposition and intestate de- section 204; and transaction covered under this section on be- scent of their interests in trust or restricted ‘‘(C) may enter into agreements (such half of a tribe until— land; and agreements will not be subject to the provi- ‘‘(i) the Secretary makes any of the find- ‘‘(B) estate planning options available to sions of the Indian Self-Determination and ings under paragraph (2)(A); or the owners, including any opportunities for Education Assistance Act of 1974) with the ‘‘(ii) an amount equal to the purchase price receiving estate planning assistance or ad- tribal government that exercises jurisdiction of that interest has been paid into the Acqui- vice. over the land involved or a subordinate enti- sition Fund created under section 216. ‘‘(3) REQUIREMENTS.—The Secretary shall ty of the tribal government to carry out ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not provide the notice required under paragraph some or all of the Secretary’s land acquisi- apply to any revenue derived from an inter- (1)— tion program; and est in a parcel of land acquired by the Sec- ‘‘(A) by direct mail for those Indians with ‘‘(4) shall minimize the administrative retary under section 213 after— interests in trust and restricted lands for costs associated with the land acquisition ‘‘(A) the Secretary makes a finding that— which the Secretary has an address for the program. ‘‘(i) the costs of administering the interest interest holder; ‘‘(c) SALE OF INTEREST TO INDIAN LAND- will equal or exceed the projected revenues ‘‘(B) through the Federal Register; OWNERS.— for the parcel involved; ‘‘(C) through local newspapers in areas ‘‘(1) CONVEYANCE AT REQUEST.— ‘‘(ii) in the discretion of the Secretary, it with significant Indian populations, reserva- ‘‘(A) IN GENERAL.—At the request of any will take an unreasonable period of time for tion newspapers, and newspapers that are di- Indian who owns at least 5 percent of the un- the parcel to generate revenue that equals rected at an Indian audience; and divided interest in a parcel of trust or re- the purchase price paid for the interest; or ‘‘(D) through any other means determined stricted land, the Secretary shall convey an ‘‘(iii) a subsequent decrease in the value of appropriate by the Secretary. interest acquired under this section to the land or commodities associated with the ‘‘(4) CERTIFICATION.—After providing notice Indian landowner upon payment by the In- land make it likely that the interest will be under this subsection, the Secretary shall dian landowner of the amount paid for the unable to generate revenue that equals the certify that the requirements of this sub- interest by the Secretary. purchase price paid for the interest in a rea- section have been met and shall publish no- ‘‘(B) LIMITATION.—With respect to a con- sonable time; or tice of such certification in the Federal Reg- veyance under this subsection, the Secretary ‘‘(B) an amount equal to the purchase price ister. shall not approve an application to termi- of that interest in land has been paid into ‘‘(5) EFFECTIVE DATE.—The provisions of nate the trust status or remove the restric- the Acquisition Fund created under section this section shall not apply to the estate of tions of such an interest. 216. an individual who dies prior to the day that ‘‘(2) MULTIPLE OWNERS.—If more than one ‘‘(c) TRIBE NOT TREATED AS PARTY TO is 365 days after the Secretary makes the Indian owner requests an interest under (1), LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, certification required under paragraph (4).’’; the Secretary shall convey the interest to IMMUNITY.— (5) in section 208, by striking ‘‘section 206’’ the Indian owner who owns the largest per- ‘‘(1) IN GENERAL.—Paragraph (2) shall apply and inserting ‘‘subsections (a) and (b) of sec- centage of the undivided interest in the par- with respect to any undivided interest in al- tion 206’’; and cel of trust or restricted land involved. lotted land held by the Secretary in trust for

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7701 a tribe if a lease or agreement under sub- terest of the Indian pursuant to this sec- ‘‘(1) the number of fractional interests in section (a) is otherwise applicable to such tion— trust or restricted lands acquired; and undivided interest by reason of this section ‘‘(i) the sale or exchange or conveyance of ‘‘(2) the impact of the resulting reduction even though the Indian tribe did not consent an interest in trust or restricted land may be in the number of such fractional interests on to the lease or agreement. made for an amount that is less than the fair the financial and realty recordkeeping sys- ‘‘(2) APPLICATION OF LEASE.—The lease or market value of that interest; and tems of the Bureau of Indian Affairs. agreement described in paragraph (1) shall ‘‘(ii) the approval of a transaction that is ‘‘(b) REPORT.—The reports described in apply to the portion of the undivided inter- in compliance with this section shall not subsection (a) and section 213(a) shall con- est in allotted land described in such para- constitute a breach of trust by the Sec- tain findings as to whether the program graph (including entitlement of the Indian retary. under this Act to acquire fractional interests tribe to payment under the lease or agree- ‘‘(B) WAIVER OF REQUIREMENT.—The re- in trust or restricted lands should be ex- ment), and the Indian tribe shall not be quirement for an estimate of value under tended and whether such program should be treated as being a party to the lease or subparagraph (A) may be waived in writing altered to make resources available to In- agreement. Nothing in this section (or in the by an Indian selling, exchanging, or con- dian tribes and individual Indian landowners. lease or agreement) shall be construed to af- veying by gift deed for no or nominal consid- ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- fect the sovereignty of the Indian tribe. eration an interest in land with an Indian WAY, AND SALES OF NATURAL RE- ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. person who is the owner’s spouse, brother, SOURCES. ‘‘For purposes of this Act, the Secretary sister, lineal ancestor of Indian blood, lineal ‘‘(a) APPROVAL BY THE SECRETARY.— may develop a system for establishing the descendant, or collateral heir. ‘‘(1) IN GENERAL.—Notwithstanding any fair market value of various types of lands ‘‘(2) LIMITATION.—For a period of 5 years other provision of law, the Secretary may and improvements. Such a system may in- after the Secretary approves a conveyance approve any lease or agreement that affects clude determinations of fair market value pursuant to this subsection, the Secretary individually owned allotted land or any based on appropriate geographic units as de- shall not approve an application to termi- other land held in trust or restricted status termined by the Secretary. Such system may nate the trust status or remove the restric- by the Secretary on behalf of an Indian, if— govern the amounts offered for the purchase tions of such an interest. ‘‘(A) the owners of not less than the appli- of interests in trust or restricted lands under ‘‘(c) ACQUISITION OF INTEREST BY SEC- cable percentage (determined under sub- section 213. RETARY.—An Indian, or the recognized tribal section (b)) of the undivided interest in the ‘‘SEC. 216. ACQUISITION FUND. government of a reservation, in possession of allotted land that is covered by the lease or ‘‘(a) IN GENERAL.—The Secretary shall es- an interest in trust or restricted lands, at agreement consent in writing to the lease or tablish an Acquisition Fund to— least a portion of which is in trust or re- agreement; and ‘‘(1) disburse appropriations authorized to stricted status on the date of enactment of ‘‘(B) the Secretary determines that approv- accomplish the purposes of section 213; and the Indian Land Consolidation Act Amend- ing the lease or agreement is in the best in- ‘‘(2) collect all revenues received from the ments of 2000 and located within a reserva- terest of the owners of the undivided interest lease, permit, or sale of resources from inter- tion, may request that the interest be taken in the allotted land. ests in trust or restricted lands transferred into trust by the Secretary. Upon such a re- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in to Indian tribes by the Secretary under sec- quest, the Secretary shall forthwith take this section shall be construed to apply to tion 213 or paid by Indian landowners under such interest into trust. leases involving coal or uranium. section 213(c). ‘‘(d) STATUS OF LANDS.—The sale, ex- ‘‘(3) DEFINITION.—In this section, the term ‘‘(b) DEPOSITS; USE.— change, or conveyance by gift deed for no or ‘allotted land’ includes any land held in ‘‘(1) IN GENERAL.—Subject to paragraph (2), nominal consideration of an interest in trust trust or restricted status by the Secretary all proceeds from leases, permits, or resource or restricted land under this section shall on behalf of one or more Indians. sales derived from an interest in trust or re- not affect the status of that land as trust or ‘‘(b) APPLICABLE PERCENTAGE.— stricted lands described in subsection (a)(2) restricted land. ‘‘(1) PERCENTAGE INTEREST.—The applicable shall— ‘‘(e) LAND OWNERSHIP INFORMATION.—Not- percentage referred to in subsection (a)(1) ‘‘(A) be deposited in the Acquisition Fund; withstanding any other provision of law, the shall be determined as follows: and names and mailing addresses of the Indian ‘‘(A) If there are 5 or fewer owners of the ‘‘(B) as specified in advance in appropria- owners of trust or restricted lands, and infor- undivided interest in the allotted land, the tions Acts, be available for the purpose of ac- mation on the location of the parcel and the applicable percentage shall be 100 percent. quiring additional fractional interests in percentage of undivided interest owned by ‘‘(B) If there are more than 5 such owners, trust or restricted lands. each individual, or of any interest in trust or but fewer than 11 such owners, the applicable ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.— restricted lands, shall, upon written request, percentage shall be 80 percent. With respect to the deposit of proceeds de- be made available to— ‘‘(C) If there are more than 10 such owners, rived from an interest under paragraph (1), ‘‘(1) other Indian owners of interests in but fewer than 20 such owners, the applicable the aggregate amount deposited under that trust or restricted lands within the same res- percentage shall be 60 percent. paragraph shall not exceed the purchase ervation; ‘‘(D) If there are 20 or more such owners, price of that interest under section 213. ‘‘(2) the tribe that exercises jurisdiction the applicable percentage shall be a majority over the land where the parcel is located or ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- of the interests in the allotted land. ACTIONS. any person who is eligible for membership in ‘‘(2) DETERMINATION OF OWNERS.— ‘‘(a) POLICY.—It is the policy of the United that tribe; and ‘‘(A) IN GENERAL.—For purposes of this sub- States to encourage and assist the consolida- ‘‘(3) prospective applicants for the leasing, section, in determining the number of own- tion of land ownership through trans- use, or consolidation of such trust or re- ers of, and their interests in, the undivided actions— stricted land or the interest in trust or re- interest in the allotted land with respect to ‘‘(1) involving individual Indians; stricted lands. a lease or agreement, the Secretary shall ‘‘(2) between Indians and the tribal govern- ‘‘(f) NOTICE TO INDIAN TRIBE.—After the ex- make such determination based on the ment that exercises jurisdiction over the piration of the limitation period provided for records of the Department of the Interior land; or in subsection (b)(2) and prior to considering that identify the owners of such lands and ‘‘(3) between individuals who own an inter- an Indian application to terminate the trust their interests and the number of owners of est in trust and restricted land who wish to status or to remove the restrictions on alien- such land on the date on which the lease or convey that interest to an Indian or the trib- ation from trust or restricted land sold, ex- agreement involved is submitted to the Sec- al government that exercises jurisdiction changed or otherwise conveyed under this retary under this section. over the parcel of land involved; section, the Indian tribe that exercises juris- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in in a manner consistent with the policy of diction over the parcel of such land shall be subparagraph (A) shall be construed to au- maintaining the trust status of allotted notified of the application and given the op- thorize the Secretary to treat an Indian lands. Nothing in this section shall be con- portunity to match the purchase price that tribe as the owner of an interest in allotted strued to apply to or to authorize the sale of has been offered for the trust or restricted land that did not escheat to the tribe pursu- trust or restricted lands to a person who is land involved. ant to section 207 as a result of the Supreme not an Indian. ‘‘SEC. 218. REPORTS TO CONGRESS. Court’s decision in Babbitt v. Youpee, (117 S ‘‘(b) SALES, EXCHANGES AND GIFT DEEDS ‘‘(a) IN GENERAL.—Prior to expiration of Ct. 727 (1997)). BETWEEN INDIANS AND BETWEEN INDIANS AND the authority provided for in section ‘‘(c) AUTHORITY OF SECRETARY TO SIGN INDIAN TRIBES.— 213(a)(2)(A), the Secretary, after consultation LEASE OR AGREEMENT ON BEHALF OF CERTAIN ‘‘(1) IN GENERAL.— with Indian tribes and other interested par- OWNERS.—The Secretary may give written ‘‘(A) ESTIMATE OF VALUE.—Notwith- ties, shall submit to the Committee on In- consent to a lease or agreement under sub- standing any other provision of law and only dian Affairs and the Committee on Energy section (a)— after the Indian selling, exchanging, or con- and Natural Resources of the Senate and the ‘‘(1) on behalf of the individual Indian veying by gift deed for no or nominal consid- Committee on Resources of the House of owner if the owner is deceased and the heirs eration an interest in land, has been pro- Representatives a report that indicates, for to, or devisees of, the interest of the de- vided with an estimate of the value of the in- the period covered by the report— ceased owner have not been determined; or

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‘‘(2) on behalf of any heir or devisee re- a ratification of any determination by any (5) OWNER.—The term ‘‘owner’’ means, in ferred to in paragraph (1) if the heir or devi- agency, instrumentality, or court of the the case of any interest in land described in see has been determined but cannot be lo- United States that may support the asser- paragraph (4)(B)(i), the beneficial owner of cated tion of tribal jurisdiction over allotment the interest. ‘‘(d) EFFECT OF APPROVAL.— lands or interests in such land in Alaska.’’. (6) SECRETARY.—The term ‘‘Secretary’’ ‘‘(1) APPLICATION TO ALL PARTIES.— SEC. 104. JUDICIAL REVIEW. means the Secretary of the Interior. ‘‘(A) IN GENERAL.—Subject to paragraph Notwithstanding section 207(g)(5) of the In- (b) APPROVAL BY THE SECRETARY.— (2), a lease or agreement approved by the dian Land Consolidation Act (25 U.S.C. (1) IN GENERAL.—The Secretary may ap- Secretary under subsection (a) shall be bind- 2206(f)(5)), after the Secretary of Interior pro- prove an oil or gas lease or agreement that affects individually owned Navajo Indian al- ing on the parties described in subparagraph vides the certification required under section lotted land, if— (B), to the same extent as if all of the owners 207(g)(4) of such Act, the owner of an interest (A) the owners of not less than the applica- of the undivided interest in allotted land in trust or restricted land may bring an ad- ble percentage (determined under paragraph covered under the lease or agreement con- ministrative action to challenge the applica- (2)) of the undivided interest in the Navajo sented to the lease or agreement. tion of such section 207 to the devise or de- Indian allotted land that is covered by the ‘‘(B) DESCRIPTION OF PARTIES.—The parties scent of his or her interest or interests in oil or gas lease or agreement consent in writ- referred to in subparagraph (A) are— trust or restricted lands, and may seek judi- ing to the lease or agreement; and ‘‘(i) the owners of the undivided interest in cial review of the final decision of the Sec- (B) the Secretary determines that approv- the allotted land covered under the lease or retary of Interior with respect to such chal- ing the lease or agreement is in the best in- agreement referred to in such subparagraph; lenge. and terest of the owners of the undivided interest SEC. 105. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) all other parties to the lease or agree- in the Navajo Indian allotted land. There are authorized to be appropriated ment. (2) PERCENTAGE INTEREST.—The applicable not to exceed $8,000,000 for fiscal year 2001 ‘‘(2) TRIBE NOT TREATED AS PARTY TO LEASE; percentage referred to in paragraph (1)(A) and each subsequent fiscal year to carry out shall be determined as follows: NO EFFECT ON TRIBAL SOVEREIGNTY, IMMU- the provisions of this title (and the amend- (A) If there are 10 or fewer owners of the NITY.— ments made by this title) that are not other- undivided interest in the Navajo Indian al- ‘‘(A) IN GENERAL.—Subparagraph (B) shall wise funded under the authority provided for apply with respect to any undivided interest lotted land, the applicable percentage shall in any other provision of Federal law. in allotted land held by the Secretary in be 100 percent. trust for a tribe if a lease or agreement SEC. 106. CONFORMING AMENDMENTS. (B) If there are more than 10 such owners, but fewer than 51 such owners, the applicable under subsection (a) is otherwise applicable (a) PATENTS HELD IN TRUST.—The Act of percentage shall be 80 percent. to such undivided interest by reason of this February 8, 1887 (24 Stat. 388) is amended— (C) If there are 51 or more such owners, the section even though the Indian tribe did not (1) by repealing sections 1, 2, and 3 (25 applicable percentage shall be 60 percent. consent to the lease or agreement. U.S.C. 331, 332, and 333); and (3) AUTHORITY OF SECRETARY TO SIGN LEASE ‘‘(B) APPLICATION OF LEASE.—The lease or (2) in the second proviso of section 5 (25 OR AGREEMENT ON BEHALF OF CERTAIN OWN- agreement described in subparagraph (A) U.S.C. 348)— ERS.—The Secretary may give written con- shall apply to the portion of the undivided (A) by striking ‘‘and partition’’; and sent to an oil or gas lease or agreement interest in allotted land described in such (B) by striking ‘‘except’’ and inserting ‘‘ex- cept as provided by the Indian Land Consoli- under paragraph (1) on behalf of an indi- paragraph (including entitlement of the In- vidual Indian owner if— dian tribe to payment under the lease or dation Act or a tribal probate code approved under such Act and except’’. (A) the owner is deceased and the heirs to, agreement), and the Indian tribe shall not be or devisees of, the interest of the deceased treated as being a party to the lease or (b) ASCERTAINMENT OF HEIRS AND DISPOSAL OF ALLOTMENTS.—The Act of June 25, 1910 (36 owner have not been determined; or agreement. Nothing in this section (or in the (B) the heirs or devisees referred to in sub- lease or agreement) shall be construed to af- Stat. 855) is amended— (1) in the first sentence of section 1 (25 paragraph (A) have been determined, but 1 or fect the sovereignty of the Indian tribe. more of the heirs or devisees cannot be lo- ‘‘(e) DISTRIBUTION OF PROCEEDS.— U.S.C. 372), by striking ‘‘under’’ and insert- ing ‘‘under the Indian Land Consolidation cated. ‘‘(1) IN GENERAL.—The proceeds derived (4) EFFECT OF APPROVAL.— from a lease or agreement that is approved Act or a tribal probate code approved under such Act and pursuant to’’; and (A) APPLICATION TO ALL PARTIES.— by the Secretary under subsection (a) shall (i) IN GENERAL.—Subject to subparagraph (2) in the first sentence of section 2 (25 be distributed to all owners of undivided in- (B), an oil or gas lease or agreement ap- U.S.C. 373), by striking ‘‘with regulations’’ terest in the allotted land covered under the proved by the Secretary under paragraph (1) and inserting ‘‘with the Indian Land Consoli- lease or agreement. shall be binding on the parties described in dation Act or a tribal probate code approved ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- clause (ii), to the same extent as if all of the under such Act and regulations’’. UTED.—The amount of the proceeds under owners of the undivided interest in Navajo (c) TRANSFER OF LANDS.—Section 4 of the paragraph (1) that are distributed to each Indian allotted land covered under the lease Act of June 18, 1934 (25 U.S.C. 464) is amended owner under that paragraph shall be deter- or agreement consented to the lease or by striking ‘‘member or:’’ and inserting mined in accordance with the portion of the agreement. ‘‘member or, except as provided by the In- undivided interest in the allotted land cov- (ii) DESCRIPTION OF PARTIES.—The parties dian Land Consolidation Act,’’. ered under the lease or agreement that is referred to in clause (i) are— owned by that owner. TITLE II—LEASES OF NAVAJO INDIAN (I) the owners of the undivided interest in ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ALLOTTED LANDS the Navajo Indian allotted land covered this section shall be construed to amend or SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED under the lease or agreement referred to in modify the provisions of Public Law 105-188 LANDS. clause (i); and (25 U.S.C. 396 note), the American Indian Ag- (a) DEFINITIONS.—In this section: (II) all other parties to the lease or agree- ricultural Resources Management Act (25 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ment. U.S.C. 3701 et seq.), title II of the Indian has the meaning given the term in section (B) EFFECT ON INDIAN TRIBE.—If— Land Consolidation Act Amendments of 2000, 4(e) of the Indian Self-Determination and (i) an Indian tribe is the owner of a portion or any other Act that provides specific Education Assistance Act (25 U.S.C. 450b(e)). of an undivided interest in Navajo Indian al- standards for the percentage of ownership in- (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL- lotted land; and terest that must approve a lease or agree- LOTTED LAND.—The term ‘‘individually (ii) an oil or gas lease or agreement under ment on a specified reservation. owned Navajo Indian allotted land’’ means paragraph (1) is otherwise applicable to such ‘‘SEC. 220. APPLICATION TO ALASKA. Navajo Indian allotted land that is owned in portion by reason of this subsection even ‘‘(a) FINDINGS.—Congress find that— whole or in part by 1 or more individuals. though the Indian tribe did not consent to ‘‘(1) numerous academic and governmental (3) NAVAJO INDIAN.—The term ‘‘Navajo In- the lease or agreement, organizations have studied the nature and dian’’ means a member of the Navajo Nation. then the lease or agreement shall apply to extent of fractionated ownership of Indian (4) NAVAJO INDIAN ALLOTTED LAND.—The such portion of the undivided interest (in- land outside of Alaska and have proposed so- term ‘‘Navajo Indian allotted land’’ means a cluding entitlement of the Indian tribe to lutions to this problem; and single parcel of land that— payment under the lease or agreement), but ‘‘(2) despite these studies, there has not (A) is located within the jurisdiction of the the Indian tribe shall not be treated as a been a comparable effort to analyze the prob- Navajo Nation; and party to the lease or agreement and nothing lem, if any, of fractionated ownership in (B)(i) is held in trust or restricted status in this subsection (or in the lease or agree- Alaska. by the United States for the benefit of Nav- ment) shall be construed to affect the sov- ‘‘(b) APPLICATION OF ACT TO ALASKA.—Ex- ajo Indians or members of another Indian ereignty of the Indian tribe. cept as provided in this section, this Act tribe; and (5) DISTRIBUTION OF PROCEEDS.— shall not apply to land located within Alas- (ii) was— (A) IN GENERAL.—The proceeds derived ka. (I) allotted to a Navajo Indian; or from an oil or gas lease or agreement that is ‘‘(c) RULE OF CONSTRUCTION.—Nothing in (II) taken into trust or restricted status by approved by the Secretary under paragraph this section shall be construed to constitute the United States for a Navajo Indian. (1) shall be distributed to all owners of the

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7703 undivided interest in the Navajo Indian al- Kallock to be Deputy Under Secretary retary for International Trade, Depart- lotted land covered under the lease or agree- of Defense for Logistics and Material ment of Commerce, Ruth M. Thomas to ment. Readiness; and Mr. James E. Baker to be Assistant Secretary for Legislative (B) DETERMINATION OF AMOUNTS DISTRIB- be a Judge of the United States Court Affairs, Department of the Treasury; UTED.—The amount of the proceeds under subparagraph (A) distributed to each owner of Appeals for the Armed Forces. and Lisa G. Ross to be Assistant Sec- under that subparagraph shall be determined The PRESIDING OFFICER. Without retary for Management and Chief Fi- in accordance with the portion of the undi- objection, it is so ordered. nancial Officer, Department of the vided interest in the Navajo Indian allotted COMMITTEE ON COMMERCE, SCIENCE, AND Treasury. land covered under the lease or agreement TRANSPORTATION The PRESIDING OFFICER. Without that is owned by that owner. Mr. BENNETT. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- COMMITTEE ON FOREIGN RELATIONS FUGITIVE APPREHENSION ACT OF mittee on Commerce, Science, and Mr. BENNETT. Mr. President, I ask 2000 Transportation be authorized to meet unanimous consent that the Com- on Wednesday, July 26, 2000, at 9:30 mittee on Foreign Relations be author- a.m., on broadband issues. ized to meet during the session of the THURMOND (AND OTHERS) The PRESIDING OFFICER. Without Senate on Wednesday, July 26, 2000, at AMENDMENT NO. 4020) objection, it is so ordered. 11 am to hold a business meeting (agen- Mr. DEWINE (for Mr. THURMOND (for COMMITTEE ON ENERGY AND NATURAL da attached). himself, Mr. BIDEN, and Mr. LEAHY)) RESOURCES The PRESIDING OFFICER. Without proposed an amendment to the bill (S. Mr. BENNETT. Mr. President, I ask objection, it is so ordered. 2516) to fund task forces to locate and unanimous consent that the Com- COMMITTEE ON GOVERNMENTAL AFFAIRS apprehend fugitives in Federal, State, mittee on Energy and Natural Re- Mr. BENNETT. Mr. President, I ask and local felony criminal cases and sources be authorized to meet during unanimous consent that the Com- give administrative subpoena author- the session of the Senate on Wednes- mittee on Governmental Affairs be au- ity to the United States Marshals Serv- day, July 26 at 9:30 to conduct an over- thorized to meet during the session of ice, as follows: sight hearing. The committee will re- the Senate on Wednesday, July 26, 2000 On page 14, beginning with line 21, strike ceive testimony on Natural Gas Sup- at 10 a.m. for a hearing regarding S. through page 15, line 20 and insert the fol- ply. 1801, the ‘‘Public Interest Declassifica- lowing: The PRESIDING OFFICER. Without tion Act.’’ ‘‘(3) NONDISCLOSURE REQUIREMENTS.— objection, it is so ordered. The PRESIDING OFFICER. Without ‘‘(A) IN GENERAL.—Except as provided in objection, it is so ordered. paragraphs (1) and (2), the Attorney General COMMITTEE ON ENVIRONMENT AND PUBLIC may apply to a court for an order requiring WORKS COMMITTEE ON HEALTH, EDUCATION, LABOR, the party to whom an administrative sub- Mr. BENNETT. Mr. President, I ask AND PENSIONS poena is directed to refrain from notifying unanimous consent that the Com- Mr. BENNETT. Mr. President, I ask any other party of the existence of the sub- mittee on Environment and Public unanimous consent that the Com- poena or court order for such period as the Works be authorized to meet during mittee on Health, Education, Labor, court deems appropriate. the session of the Senate on Wednes- and Pensions, Subcommittee on Public ‘‘(B) ORDER.—The court shall enter such day, July 26, at 9:00 a.m., Hearing Health, be authorized to meet for a order if it determines that there is reason to hearing on ‘‘Health Disparities: Bridg- believe that notification of the existence of Room (SD–4006), to consider the fol- the administrative subpoena will result in— lowing items: ing the Gap’’ during the session of the ‘‘(i) endangering the life or physical safety 1. S. 2417, Water Pollution Program Senate on Wednesday, July 26, 2000, at of an individual; Enhancements Act of 2000, with a man- 9:30 a.m. ‘‘(ii) flight from prosecution; ager’s amendment; The PRESIDING OFFICER. Without ‘‘(iii) destruction of or tampering with evi- 2. S. 1109, Bear Protection Act of 1999; objection, it is so ordered. dence; 3. S. 2878, National Wildlife Refuge COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(iv) intimidation of potential witnesses; System Centennial; AND PENSIONS or Mr. BENNETT. Mr. President, I ask ‘‘(v) otherwise seriously jeopardizing an in- 4. GSA FY 2001 Construction author- vestigation or undue delay of a trial. izations (including courthouses); unanimous consent that the Com- On page 16, line 9 insert ‘‘, in consultation 5. Namings: H.R. 1729, Pamela B. mittee on Health, Education, Labor, with the Secretary of the Treasury,’’ after Gwin Hall, Charlottesville, Virginia; and Pensions be authorized to meet for ‘‘eral’’. H.R. 1901, Kika de la Garza United a hearing on The Americans with Dis- f States Border Station, Pharr, Texas; abilities Act: Opening the Doors to the H.R. 1959, Adrian A. Spears Judicial Workplace during the session of the AUTHORITY FOR COMMITTEES TO Training Center, San Antonio, Texas; Senate on Wednesday, July 26, 2000, at MEET and H.R. 4608, James H. Quillen United 2 p.m. COMMITTEE ON AGRICULTURE, NUTRITION, AND States Courthouse, Greeneville, Ten- The PRESIDING OFFICER. Without FORESTRY nessee. objection, it is so ordered. Mr. BENNETT. Mr. President, I ask 6. Nominations: a. Arthur C. Camp- COMMITTEE ON INDIAN AFFAIRS unanimous consent that the Com- bell, Assistant Secretary for Economic Mr. BENNETT. Mr. President, I ask mittee on Agriculture, Nutrition, and Development, The Department of Com- unanimous consent that the Com- Forestry be authorized to meet during merce; b. Ella Wong-Rusinko, Alter- mittee on Indian Affairs be authorized the session of the Senate on Wednes- nate Federal Co-Chair, Appalachian to meet on Wednesday, July 26, 2000 at day, July 26, 2000. The purpose of this Regional Commission; and 1:30 p.m. in room 485 of the Russell hearing will be to review the Federal 7. A study resolution to approve a Senate Building to mark up pending sugar program. Natural Resources Conservation Serv- legislation to be followed by an over- The PRESIDING OFFICER. Without ice flood control dam in Warren, Min- sight hearing, on the Activities of the objection, it is so ordered. nesota. National Indian Gaming Commission; COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without to be followed by a legislative hearing Mr. BENNETT. Mr. President, I ask objection, it is so ordered. on the S. 2526, to reauthorize the In- unanimous consent that the Com- COMMITTEE ON FINANCE dian Health Care Improvement Act. mittee on Armed Services be author- Mr. BENNETT. Mr. President, I ask The PRESIDING OFFICER. Without ized to meet during the session of the unanimous consent that the Com- objection, it is so ordered. Senate on Wednesday, July 26, 2000 at mittee on Finance be authorized to COMMITTEE ON INDIAN AFFAIRS 9:30 a.m., in open session to consider meet during the Session of the Senate Mr. BENNETT. Mr. President, I ask the nominations of Mr. Donald on Wednesday, July 26, 2000 for a public unanimous consent that the Com- Mancuso to be Inspector General, De- hearing to consider the nominations of mittee on Indian Affairs be authorized partment of Defense; Mr. Roger W. Robert S. LaRussa to be Under Sec- to meet on Wednesday, July 26, 2000 at

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7704 CONGRESSIONAL RECORD — SENATE July 26, 2000 2:30 p.m. in room 485 of the Russell Marine Fisheries Service and the U.S. The PRESIDING OFFICER. The Senate Building to conduct a hearing Fish and Wildlife Service on the oper- clerk will report the bill by title. on the S. 2526, to reauthorize the In- ations of the Federal hydropower sys- The legislative clerk read as follows: dian Health Care Improvement Act. tem of the Columbia River. A bill (S. 1586) to reduce the fractionated The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ownership of Indian Lands, and for other pur- objection, it is so ordered. objection, it is so ordered. poses. COMMITTEE ON THE JUDICIARY f There being no objection, the Senate proceeded to consider the bill, which Mr. BENNETT. Mr. President, I ask PRIVILEGE OF THE FLOOR unanimous consent that the Com- had been reported from the Committee mittee on the Judiciary Subcommittee Mr. WYDEN. Mr. President, I ask on Indian Affairs, with an amendment: on Administrative Oversight and the unanimous consent for Jim Worth of [Strike out all after the enacting Courts be authorized to meet to con- my office to be granted the privilege of clause and insert the part printed in duct a hearing on Wednesday, July 26, the floor for the rest of the week. italic] 2000, at 9:30 a.m., in 226 Dirksen. The PRESIDING OFFICER. Without S. 1586 The PRESIDING OFFICER. Without objection, it is so ordered. Be it enacted by the Senate and House of Rep- objection, it is so ordered. f resentatives of the United States of America in COMMITTEE ON SMALL BUSINESS NOMINATIONS PLACED ON Congress assembled, Mr. BENNETT. Mr. President, I ask CALENDAR SECTION 1. SHORT TITLE. unanimous consent that the Com- This Act may be cited as the ‘‘Indian Land Mr. DEWINE. Mr. President, as in ex- mittee on Small Business be authorized Consolidation Act Amendments of 2000’’. ecutive session, I ask unanimous con- to meet during the session of the Sen- SEC. 2. FINDINGS. sent that the Foreign Relations Com- Congress finds that— ate on Wednesday, July 26, 2000, to mittee be discharged from further con- (1) in the 1800’s and early 1900’s, the United markup S. 1594, ‘‘Community Develop- sideration of the following nominations States sought to assimilate Indian people into ment and Venture Capital Act of 1999,’’ and that they be placed on the execu- the surrounding non-Indian culture by allotting and other pending matters. The mark- tive calendar. tribal lands to individual members of Indian up will begin at 9:00 a.m. in room 428A tribes; The PRESIDING OFFICER. Without of the Russell Senate Office Building. (2) as a result of the allotment Acts and re- objection, it is so ordered. The PRESIDING OFFICER. Without lated Federal policies, over 90,000,000 acres of The nominations are as follows: objection, it is so ordered. land have passed from tribal ownership; Edward E. Kaufman, of Delaware, to be a (3) many trust allotments were taken out of SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS Member of the Broadcasting Board of Gov- trust status, often without their owners consent; Mr. BENNETT. Mr. President, I ask ernors for a term expiring August 13, 2003. (4) without restrictions on alienation, allot- unanimous consent that the Sub- (Reappointment) ment owners were subject to exploitation and committee on Forests and Public Alberto J. Mora, of Florida, to be a Mem- their allotments were often sold or disposed of Lands of the Committee on Energy and ber of the Broadcasting Board of Governors without any tangible or enduring benefit to Natural Resources be authorized to for a term expiring August 13, 2003. (Re- their owners; appointment) (5) the trust periods for trust allotments have meet during the session of the Senate been extended indefinitely; on Wednesday, July 26, at 2:30 p.m. to f (6) because of the inheritance provisions in conduct an oversight hearing to receive EXECUTIVE SESSION the original treaties or allotment Acts, the own- testimony on the Draft Environmental ership of many of the trust allotments that have Impact Statement implementing the remained in trust status has become October 1999 announcement by Presi- EXECUTIVE CALENDAR fractionated into hundreds or thousands of in- terests, many of which represent 2 percent or dent Clinton to review approximately Mr. DEWINE. Mr. President, on be- 40 million acres of national forest lands less of the total interests; half of the leader, I ask unanimous (7) Congress has authorized the acquisition of for increased protection. consent that the Senate immediately lands in trust for individual Indians, and many The PRESIDING OFFICER. Without proceed to executive session to con- of those lands have also become fractionated by objection, it is so ordered. sider the following nomination on the subsequent inheritance; SUBCOMMITTEE ON WATER AND POWER executive calendar: No. 524. (8) the acquisitions referred to in paragraph Mr. BENNETT. Mr. President, I ask I further ask unanimous consent that (7) continue to be made; unanimous consent that the Sub- (9) the fractional interests described in this the nomination be confirmed, the mo- section provide little or no return to the bene- committee on Water and Power of the tion to reconsider be laid upon the ficial owners of those interests and the adminis- Committee on Energy and Natural Re- table, any statements relating to the trative costs borne by the United States for those sources be authorized to meet during nomination be printed in the RECORD, interests are inordinately high; the session of the Senate on Wednes- the President be immediately notified (10) in Babbitt v. Youpee (117 S Ct. 727 (1997)), day, July 26 at 2:30 p.m. to conduct a of the Senate’s action, and the Senate the United States Supreme Court found that the legislative hearing followed by an over- then return to legislative session. application of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) to the facts sight hearing. The subcommittee will The PRESIDING OFFICER. Without receive testimony on S. 2877, a bill to presented in that case to be unconstitutional, objection, it is so ordered. forcing the Department of the Interior to ad- authorize the Secretary of the Interior The nomination was considered and dress the status of thousands of undivided inter- to conduct a feasibility study on water confirmed, as follows: ests in trust and restricted lands; optimization in the Burnt River basin, DEPARTMENT OF ENERGY (11)(A) on February 19, 1999, the Secretary of Malheur River basin, Owyehee River Interior issued a Secretarial Order which offi- Mildred Spiewak Dresselhaus, of Massa- cially reopened the probate of all estates where basin, and Powder River basin, Oregon; chusetts, to be Director of the Office of an interest in land was ordered to escheat to an S. 2881, a bill to update an existing Bu- Science, Department of Energy. Indian tribe pursuant to section 207 of the In- reau of Reclamation program by f amending the Small Reclamation dian Land Consolidation Act (25 U.S.C. 2206); LEGISLATIVE SESSION and Projects Act of 1956, to establish a (B) the Secretarial Order also directed appro- partnership program in the Bureau of The PRESIDING OFFICER. The Sen- priate officials of the Bureau of Indian Affairs Reclamation for small reclamation ate will now return to legislative ses- to distribute such interests ‘‘to the rightful heirs projects, and for other purposes; and S. sion. and beneficiaries without regard to 25 U.S.C. 2882, a bill to authorize the Bureau of f 2206’’; Reclamation to conduct certain feasi- (12) in the absence of comprehensive remedial bility studies to augment water sup- INDIAN LAND CONSOLIDATION ACT legislation, the number of the fractional inter- plies for the Klamath Project, Oregon AMENDMENTS OF 1999 ests will continue to grow exponentially; (13) the problem of the fractionation of Indian and California, and for other purposes. Mr. DEWINE. Mr. President, I ask lands described in this section is the result of a The subcommittee will then receive unanimous consent that the Senate policy of the Federal Government, cannot be oversight testimony on the status of now proceed to the consideration of solved by Indian tribes, and requires a solution the Biological Opinions of the National Calendar No. 714, S. 1586. under Federal law.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 6333 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7705 (14) any devise or inheritance of an interest in ‘‘(A) rules of intestate succession; and ‘‘(B) apply only to the estate of a decedent trust or restricted Indian lands is based on Fed- ‘‘(B) other tribal probate code provisions that who dies on or after the effective date of the re- eral law; and are consistent with Federal law and that pro- peal. (15) consistent with the Federal policy of trib- mote the policies set forth in section 3 of the In- ‘‘(c) AUTHORITY AVAILABLE TO INDIAN al self-determination, the Federal Government dian Land Consolidation Act Amendments of TRIBES.— should encourage the recognized tribal govern- 2000. ‘‘(1) APPLICATION.—The recognized tribal gov- ment that exercises jurisdiction over a reserva- ‘‘(3) LIMITATIONS.—The Secretary shall not ernment that has jurisdiction over an Indian tion to establish a tribal probate code for that approve a tribal probate code if such code pre- reservation (as defined in section 207(c)(5)) may reservation. vents an Indian person from inheriting an inter- exercise the authority provided for in paragraph SEC. 3. DECLARATION OF POLICY. est in an allotment that was originally allotted (2). It is the policy of the United States— to his or her lineal ancestor. ‘‘(2) AUTHORITY TO MAKE PAYMENTS IN LIEU ‘‘(b) SECRETARIAL APPROVAL.— (1) to prevent the further fractionation of OF INHERITANCE OF INTEREST IN LAND.— ‘‘(1) IN GENERAL.—Any tribal probate code en- trust allotments made to Indians; ‘‘(A) PROHIBITION.—An individual who is not acted under subsection (a), and any amendment (2) to consolidate fractional interests and an Indian shall not be entitled to receive by de- to such a tribal probate code, shall be subject to ownership of those interests into usable parcels; vise or descent any interest in trust or restricted the approval of the Secretary. (3) to consolidate fractional interests in a land, except by reserving a life estate under sub- ‘‘(2) REVIEW AND APPROVAL.— manner that enhances tribal sovereignty; paragraph (B)(ii), within the reservation over ‘‘(A) IN GENERAL.—Each Indian tribe that which a tribal government has jurisdiction if, (4) to promote tribal self-sufficiency and self- adopts a tribal probate code under subsection determination; and while the decedent’s estate is pending before the (a) shall submit that code to the Secretary for Secretary, the tribal government referred to in (5) to reverse the effects of the allotment pol- review. Not later than 180 days after a tribal icy on Indian tribes. paragraph (1) pays to the Secretary, on behalf probate code is submitted to the Secretary under of such individual, the value of such interest. SEC. 4. AMENDMENTS TO THE INDIAN LAND CON- this paragraph, the Secretary shall review and SOLIDATION ACT. The interest for which payment is made under approve or disapprove that tribal probate code. this subparagraph shall be held by the Secretary The Indian Land Consolidation Act (25 U.S.C. ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE in trust for the tribal government. 2201 et seq.) is amended— OR DISAPPROVE A TRIBAL PROBATE CODE .—If the ‘‘(B) EXCEPTION.— (1) in section 202— Secretary fails to approve or disapprove a tribal ‘‘(i) IN GENERAL.—Subparagraph (A) shall not (A) in paragraph (1), by striking ‘‘(1) ‘tribe’ ’’ probate code submitted for review under sub- apply to any interest in trust or restricted land and inserting ‘‘(1) ‘Indian tribe’ or ‘tribe’ ’’; paragraph (A) by the date specified in that sub- if, while the decedent’s estate is pending before (B) by striking paragraph (2) and inserting paragraph, the tribal probate code shall be the Secretary, the ineligible non-Indian heir or the following: deemed to have been approved by the Secretary, devisee described in such subparagraph re- ‘‘(2) ‘Indian’ means any person who is a mem- but only to the extent that the tribal probate nounces the interest in favor of a person or per- ber of any Indian tribe or is eligible to become code is consistent with Federal law and pro- sons who are otherwise eligible to inherit. a member of any Indian tribe at the time of the motes the policies set forth in section 3 of the In- ‘‘(ii) RESERVATION OF LIFE ESTATE.—The non- distribution of the assets of a decedent’s es- dian Land Consolidation Act Amendments of Indian heir or devisee described in clause (i) tate;’’; 2000. may retain a life estate in the interest and con- (C) by striking ‘‘and’’ at the end of paragraph ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE vey the remaining interest to an Indian person. (3); WITH ACT.—The Secretary may not approve a ‘‘(iii) PRESUMPTION.—In the absence of any (D) by striking the period at the end of para- tribal probate code, or any amendment to such express language to the contrary, a conveyance graph (4) and inserting ‘‘; and’’; and a code, under this paragraph unless the Sec- under clause (ii) is presumed to reserve to the (E) by adding at the end the following: retary determines that the tribal probate code life estate holder all income from the lease, use, ‘‘(5) ‘heirs of the first or second degree’ means promotes the policies set forth in section 3 of the rents, profits, royalties, bonuses, or sales of nat- parents, children, grandchildren, grandparents, Indian Land Consolidation Act Amendments of ural resources during the pendency of the life brothers and sisters of a decedent.’’; 2000. estate and any right to occupy the tract of land ‘‘(D) EXPLANATION.—If the Secretary dis- (2) in section 205— as a home. approves a tribal probate code, or an amend- (A) in the matter preceding paragraph (1)— ‘‘(C) PAYMENTS.—With respect to payments by (i) by striking ‘‘Any Indian’’ and inserting ment to such a code, under this paragraph, the a tribal government under subparagraph (A), ‘‘(a) IN GENERAL.—Subject to subsection (b), Secretary shall include in the notice of dis- the Secretary shall— any Indian’’; approval to the Indian tribe a written expla- ‘‘(i) upon the request of the tribal government, (ii) by striking the colon and inserting the fol- nation of the reasons for the disapproval. allow a reasonable period of time, not to exceed ‘‘(E) AMENDMENTS.— lowing: ‘‘. Interests owned by an Indian tribe in 2 years, for the tribal government to make pay- ‘‘(i) IN GENERAL.—Each Indian tribe that a tract may be included in the computation of ments of amounts due pursuant to subpara- amends a tribal probate code under this para- the percentage of ownership of the undivided graph (A); or graph shall submit the amendment to the Sec- interests in that tract for purposes of deter- ‘‘(ii) recognize alternative agreed upon ex- retary for review and approval. Not later than mining whether the consent requirement under changes of consideration between the ineligible 60 days after receiving an amendment under this the preceding sentence has been met.’’; non-Indian and the tribe in satisfaction of the subparagraph, the Secretary shall review and (iii) by striking ‘‘: Provided, That—’’; and in- payment under subparagraph (A). approve or disapprove the amendment. serting the following: ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE OR ‘‘(b) CONDITIONS APPLICABLE TO PURCHASE.— JUSTICE SYSTEMS.— DISAPPROVE AN AMENDMENT.—If the Secretary Subsection (a) applies on the condition that—’’; ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In this fails to approve or disapprove an amendment (B) in paragraph (2)— subsection, the term ‘tribal justice system’ has submitted under clause (i), the amendment shall (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and the meaning given that term in section 3 of the be deemed to have been approved by the Sec- (ii) by adding ‘‘and’’ at the end; and Indian Tribal Justice Act (25 U.S.C. 3602). retary, but only to the extent that the amend- (C) by striking paragraph (3) and inserting ‘‘(2) REGULATIONS.—The Secretary by regula- ment is consistent with Federal law and pro- the following: tion may provide for the use of findings of fact motes the policies set forth in section 3 of the In- ‘‘(3) the approval of the Secretary shall be re- and conclusions of law, as rendered by a tribal dian Land Consolidation Act of 2000. quired for a land sale initiated under this sec- justice system, as proposed findings of fact and tion, except that such approval shall not be re- ‘‘(3) EFFECTIVE DATES.—A tribal probate code approved under paragraph (2) shall become ef- conclusions of law in the adjudication of pro- quired with respect to a land sale transaction bate proceedings by the Department of the Inte- initiated by an Indian tribe that has in effect a fective on the later of— ‘‘(A) the date specified in section 207(f)(5); or rior.’’; land consolidation plan that has been approved ‘‘(B) 180 days after the date of approval. (4) by striking section 207 and inserting the by the Secretary under section 204.’’; ‘‘(4) LIMITATIONS.— following: (3) by striking section 206 and inserting the ‘‘(A) TRIBAL PROBATE CODES.—Each tribal ‘‘SEC. 207. DESCENT AND DISTRIBUTION; ES- following: probate code enacted under subsection (a) shall CHEAT OF FRACTIONAL INTERESTS. ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- apply only to the estate of a decedent who dies ‘‘(a) TESTAMENTARY DISPOSITION.— TIONS OF FRACTIONAL INTERESTS on or after the effective date of the tribal pro- ‘‘(1) IN GENERAL.—Except as provided in this BY TRIBES. bate code. section, interests in trust or restricted land may ‘‘(a) TRIBAL PROBATE CODES.— ‘‘(B) AMENDMENTS TO TRIBAL PROBATE be devised only to— ‘‘(1) IN GENERAL.—Notwithstanding any other CODES.—With respect to an amendment to a ‘‘(A) the decedent’s Indian spouse or any provision of law, any Indian tribe may adopt a tribal probate code referred to in subparagraph other Indian person; or tribal probate code to govern descent and dis- (A), that amendment shall apply only to the es- ‘‘(B) the Indian tribe with jurisdiction over tribution of trust or restricted lands that are— tate of a descendant who dies on or after the ef- the land so devised. ‘‘(A) located within that Indian tribe’s res- fective date of the amendment. ‘‘(2) NON-INDIAN ESTATE.—Any devise not de- ervation; or ‘‘(5) REPEALS.—The repeal of a tribal probate scribed in paragraph (1) shall create a non-In- ‘‘(B) otherwise subject to the jurisdiction of code shall— dian estate in Indian land as provided for under that Indian tribe. ‘‘(A) not become effective earlier than the date subsection (c). ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate that is 180 days after the Secretary receives no- ‘‘(3) JOINT TENANCY WITH RIGHT OF SURVIVOR- code referred to in paragraph (1) may include— tice of the repeal; and SHIP.—If a testator devises interests in the same

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7706 CONGRESSIONAL RECORD — SENATE July 26, 2000 parcel of trust or restricted land to more than 1 Indian estate in Indian land the fair market made by the Indian Land Consolidation Act person, in the absence of express language in value of the interest. If more than 1 Indian co- Amendments of 2000. the devise to the contrary, the devise shall be owner offers to pay for such interest, the high- ‘‘(2) SPECIFICATIONS.—The notice required presumed to create a joint tenancy with right of est bidder shall obtain the interest. under paragraph (1) shall be designed to inform survivorship. ‘‘(4) DEVISE OF INTEREST.—If the owner of a Indian owners of trust or restricted land of— ‘‘(b) INTESTATE SUCCESSION.— non-Indian estate in Indian land devises the in- ‘‘(A) the effect of this Act, with emphasis on ‘‘(1) IN GENERAL.—Subject to paragraphs (2) terest in such land to a person who is not an In- the effect of the provisions of this section, on and (3), with respect to an interest in trust or dian, at the discretion of the Secretary and sub- the testate disposition and intestate descent of restricted land passing by intestate succession, ject to the availability of appropriations, the their interests in trust or restricted land; and only a spouse or heirs of the first or second de- Secretary may, pursuant to section 213, acquire ‘‘(B) estate planning options available to the gree may inherit such an interest. such interest, with or without the consent of the owners, including any opportunities for receiv- ‘‘(2) NON-INDIAN ESTATE.—Notwithstanding devisee, by depositing the value of the interest ing estate planning assistance or advice. paragraph (1), a non-Indian spouse or non-In- in the estate of the owner of the non-Indian es- ‘‘(3) REQUIREMENTS.—The Secretary shall pro- dian heir of the first or second degree may only tate in Indian land. vide the notice required under paragraph (1)— receive a non-Indian estate in Indian land as ‘‘(5) RULE OF CONSTRUCTION.— ‘‘(A) by direct mail for those Indians with in- provided for under subsection (c). ‘‘(A) IN GENERAL.—With respect to a dece- terests in trust and restricted lands for which ‘‘(3) JOINT TENANCY.— dent’s interest in trust or restricted lands under the Secretary has an address for the interest ‘‘(A) IN GENERAL.—Unless modified by a tribal this subsection, until such time as an Indian or holder; probate code that is approved under section an Indian tribe acquires such interest through ‘‘(B) through the Federal Register; 206— inheritance, escheat, or conveyance, the Sec- ‘‘(C) through local newspapers in areas with ‘‘(i) any heirs of the first or second degree retary shall be treated as the holder of the re- significant Indian populations, reservation that inherit an interest that constitutes 5 per- mainder from the life estate. newspapers, and newspapers that are directed cent or more of the undivided interest in a par- ‘‘(B) LIMITATION.—Subparagraph (A) shall at an Indian audience; and ‘‘(D) through any other means determined ap- cel of trust or restricted land, shall hold such in- not be construed to authorize the Secretary to propriate by the Secretary. terest as tenants in common; and retain any of the proceeds from the lease, use, ‘‘(4) CERTIFICATION.—After providing notice ‘‘(ii) any heirs of the first or second degree rents, profits, royalties, bonuses, or sale of nat- under this subsection, the Secretary shall certify that inherit an interest that constitutes less ural resources with respect to the trust or re- that the requirements of this subsection have than 5 percent of the undivided interest in a stricted lands involved. been met and shall publish notice of such certifi- parcel of trust or restricted land, shall hold such ‘‘(6) DESCENT OF OFF-RESERVATION LANDS.— cation in the Federal Register. interest as joint tenants with the right of survi- ‘‘(A) INDIAN RESERVATION DEFINED.—For pur- ‘‘(5) EFFECTIVE DATE.—The provisions of this vorship. poses of this paragraph, the term ‘Indian res- section shall not apply to the estate of an indi- ‘‘(B) RENOUNCING OF RIGHTS.—The heirs who ervation’ includes lands located within— vidual who dies prior to the day that is 365 days inherit an interest as tenants in common with a ‘‘(i)(I) Oklahoma; and after the Secretary makes the certification re- right of survivorship under subparagraph (A)(ii) ‘‘(II) the boundaries of an Indian tribe’s quired under paragraph (4).’’; and may renounce their right of survivorship in former reservation (as defined and determined (5) by adding at the end the following: favor of one or more of their co-owners. by the Secretary); ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- ‘‘(4) ACQUISITION OF INTEREST BY INDIAN CO- ‘‘(ii) the boundaries of any Indian tribe’s cur- TION OF FRACTIONAL INTERESTS. OWNERS.—An Indian co-owner of a parcel of rent or former reservation; or ‘‘(a) ACQUISITION BY SECRETARY.— trust or restricted land may prevent the escheat ‘‘(iii) any area where the Secretary is required ‘‘(1) IN GENERAL.—The Secretary may acquire, to provide special assistance or consideration of of an interest in Indian lands for which there is at the discretion of the Secretary and with the a tribe’s acquisition of land or interests in land. no legal heir by paying into the decedent’s es- consent of the owner, except as provided in sec- ‘‘(B) DESCENT.—Upon the death of an indi- tate, the fair market value of the interest in tion 207(c)(4), and at fair market value, any vidual holding an interest in trust or restricted such land. If more than 1 Indian co-owner of- fractional interest in trust or restricted lands. lands that are located outside the boundaries of fers to pay for such interest, the highest bidder ‘‘(2) AUTHORITY OF SECRETARY.— shall obtain the interest. If no such offer is an Indian reservation and that are not subject ‘‘(A) IN GENERAL.—The Secretary shall have made, the interest will escheat to the tribe that to the jurisdiction of any Indian tribe, that in- the authority to acquire interests in trust or re- exercises jurisdiction over the land. terest shall descend either— stricted lands under this section during the 3- ‘‘(c) NON-INDIAN ESTATES.— ‘‘(i) by testate or intestate succession in trust year period beginning on the date of certifi- ‘‘(1) RIGHTS OF NON-INDIAN ESTATE HOLDERS.— to an Indian; or cation that is referred to in section 207(f)(5). ‘‘(A) IN GENERAL.—An individual who receives ‘‘(ii) in fee status to any other devises or ‘‘(B) REQUIRED REPORT.—Prior to expiration a non-Indian estate in Indian land under sub- heirs. of the authority provided for in subparagraph section (a)(2) or (b)(2)— ‘‘(d) APPROVAL OF AGREEMENTS.—The official (A), the Secretary shall submit the report re- ‘‘(i) shall receive a proportionate share of the authorized to adjudicate the probate of trust or quired under section 218 concerning whether the proceeds of any lease, use, rents, profits, royal- restricted lands shall have the authority to ap- program to acquire fractional interests should be ties, bonuses, or sale of natural resources based prove agreements between a decedent’s heirs extended or altered to make resources available on their share of the decedent’s interest in such and devisees to consolidate interests in trust or to Indian tribes and individual Indian land- land; and restricted lands. The agreements referred to in owners. ‘‘(ii) may— the preceding sentence may include trust or re- ‘‘(3) INTERESTS HELD IN TRUST.—Subject to ‘‘(I) convey or deed by gift the decedent’s in- stricted lands that are not a part of the dece- section 214, the Secretary shall immediately hold terest in trust or restricted land to an Indian or dent’s estate that is the subject of the probate. interests acquired under this Act in trust for the the tribe with jurisdiction over the land; or The Secretary may promulgate regulations for recognized tribal government that exercises ju- ‘‘(II) devise the decedent’s interest to either the implementation of this subsection. risdiction over the reservation. an Indian or an Indian tribe as provided for in ‘‘(e) ESTATE PLANNING ASSISTANCE.— ‘‘(b) REQUIREMENTS.—In implementing sub- subsection (a)(1) or a non-Indian as provided ‘‘(1) IN GENERAL.—The Secretary shall provide section (a), the Secretary— for in subsection (a)(2). estate planning assistance in accordance with ‘‘(1) shall promote the policies provided for in ‘‘(B) DECEDENT’S INTEREST.—In this section, this subsection, to the extent amounts are ap- section 3 of the Indian Land Consolidation Act the term ‘decedent’s interest’ means the equi- propriated for such purpose. Amendments of 2000; table title held by the last Indian owner of an ‘‘(2) REQUIREMENTS.—The estate planning as- ‘‘(2) may give priority to the acquisition of interest in trust or restricted lands. sistance provided under paragraph (1) shall be fractional interests representing 2 percent or less ‘‘(2) ESCHEAT AND INTESTATE SUCCESSION.—If designed to— of a parcel of trust or restricted land, especially the holder of a non-Indian estate in Indian land ‘‘(A) inform, advise, and assist Indian land- those interests that would have escheated to a dies without having devised or conveyed the in- owners with respect to estate planning in order tribe but for the Supreme Court’s decision in terest of the individual under paragraph to facilitate the transfer of trust or restricted Babbitt v. Youpee, (117 S Ct. 727 (1997)); (1)(A)(ii), the decedent’s interest in the trust or lands to a devisee or devisees selected by the ‘‘(3) to the extent practicable— restricted land involved shall— landowners; and ‘‘(A) shall consult with the reservation’s rec- ‘‘(A) descend to the non-Indian estateholder’s ‘‘(B) assist Indian landowners in accessing in- ognized tribal government in determining which Indian spouse or Indian heirs of the first or sec- formation pursuant to section 217(g). tracts to acquire on a reservation; ond degree as provided for in subsection (b)(3); ‘‘(3) CONTRACTS.—In carrying out this section, ‘‘(B) shall coordinate the acquisition activities or the Secretary may enter into contracts with en- with the reservation’s recognized tribal govern- ‘‘(B) in the case of a decedent that does not tities that have expertise in Indian estate plan- ment’s acquisition program, including a tribal have an Indian spouse or heir of the first or sec- ning and tribal probate codes. land consolidation plan approved pursuant to ond degree, descend to the Indian tribe having ‘‘(f) NOTIFICATION TO INDIAN TRIBES AND section 204; and jurisdiction over the trust or restricted lands. OWNERS OF TRUST OR RESTRICTED LANDS.— ‘‘(C) may enter into agreements (such agree- ‘‘(3) ACQUISITION OF INTEREST BY INDIAN CO- ‘‘(1) IN GENERAL.—Not later than 180 days ments will not be subject to the provisions of the OWNERS.—An Indian co-owner of a parcel of after the date of enactment of the Indian Land Indian Self-Determination and Education As- trust or restricted land may prevent the escheat Consolidation Act Amendments of 2000, the Sec- sistance Act of 1974) with the reservation’s rec- of an interest to the tribe under paragraph (2) retary shall notify Indian tribes and owners of ognized tribal government or a subordinate enti- by paying into the estate of the owner of a non- trust or restricted lands of the amendments ty of the tribal government to carry out some or

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7707 all of the Secretary’s land acquisition program; ‘‘(iii) a subsequent decrease in the value of Indian selling or exchanging an interest in land and land or commodities associated with the land has been provided with an estimate of the value ‘‘(4) shall minimize the administrative costs make it likely that the interest will be unable to of the interest of the Indian pursuant to this associated with the land acquisition program. generate revenue that equals the purchase price section— ‘‘(c) SALE OF INTEREST TO INDIAN LAND- paid for the interest in a reasonable time; or ‘‘(i) the sale or exchange of an interest in OWNERS.— ‘‘(B) an amount equal to the purchase price of trust or restricted land may be made for an ‘‘(1) IN GENERAL.—At the request of any In- that interest in land has been paid into the Ac- amount that is less than the fair market value dian who owns at least 5 percent of the undi- quisition Fund created under section 216. of that interest; and vided interest in a parcel of trust or restricted ‘‘(c) EFFECT ON INDIAN TRIBE.— ‘‘(ii) the approval of a transaction that is in land, the Secretary shall convey an interest ac- ‘‘(1) IN GENERAL.—Paragraph (2) shall apply compliance with this section shall not constitute quired under this section to the Indian land- with respect to any undivided interest in allot- a breach of trust by the Secretary. owner upon payment by the Indian landowner ted land held by the Secretary in trust for a ‘‘(B) WAIVER OF REQUIREMENT.—The require- of the amount paid for the interest by the Sec- tribe if a lease or agreement under subsection ment for an estimate of value under subpara- retary. (a) is otherwise applicable to such undivided in- graph (A) may be waived in writing by an In- ‘‘(2) LIMITATIONS.— terest by reason of this section even though the dian selling or exchanging an interest in land ‘‘(A) TRIBAL CONSENT.—If an Indian tribe Indian tribe did not consent to the lease or with an Indian person who is the owner’s that has jurisdiction over a parcel of trust or re- agreement. spouse, brother, sister, lineal ancestor of Indian stricted land owns 10 percent or more of the un- ‘‘(2) APPLICATION OF LEASE.—The lease or blood, lineal descendant, or collateral heir. divided interests in a parcel of such land, such agreement described in paragraph (1) shall ‘‘(2) LIMITATION.—For a period of 5 years interest may only be acquired under paragraph apply to the portion of the undivided interest in after the Secretary approves a conveyance pur- (1) with the consent of such Indian tribe. allotted land described in such paragraph (in- suant to this subsection, the Secretary shall not ‘‘(B) LIMITATION.—With respect to a convey- cluding entitlement of the Indian tribe to pay- approve an application to terminate the trust ance under this subsection, the Secretary shall ment under the lease or agreement), and the In- status or remove the restrictions of such an in- not approve an application to terminate the dian tribe shall not be treated as being a party terest. trust status or remove the restrictions of such an to the lease or agreement. Nothing in this sec- ‘‘(c) ACQUISITION OF INTEREST BY SEC- interest. tion (or in the lease or agreement) shall be con- RETARY.—An Indian, or the recognized tribal ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- strued to affect the sovereignty of the Indian government of a reservation, in possession of an TIONAL INTERESTS, DISPOSITION tribe. interest in trust or restricted lands, at least a OF PROCEEDS. ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. portion of which is in trust or restricted status ‘‘(a) IN GENERAL.—Subject to the conditions on the date of enactment of the Indian Land ‘‘(a) IN GENERAL.—For purposes of this Act, described in subsection (b)(1), an Indian tribe the Secretary may develop a system for estab- Consolidation Act Amendments of 2000 and lo- receiving a fractional interest under section 213 lishing the fair market value of various types of cated within a reservation, may request that the may, as a tenant in common with the other lands and improvements. Such a system may in- interest be taken into trust by the Secretary. owners of the trust or restricted lands, lease the clude determinations of fair market value based Upon such a request, the Secretary shall forth- interest, sell the resources, consent to the grant- on appropriate geographic units as determined with take such interest into trust. ‘‘(d) STATUS OF LANDS.—The sale or exchange ing of rights-of-way, or engage in any other by the Secretary. Such system may govern the of an interest in trust or restricted land under transaction affecting the trust or restricted land amounts offered for the purchase of interests in this section shall not affect the status of that authorized by law. trust or restricted lands under section 213. ‘‘(b) CONDITIONS.— land as trust or restricted land. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this ‘‘(1) IN GENERAL.—The conditions described in ‘‘(e) GIFT DEEDS.— section shall be construed to prevent the owner this paragraph are as follows: ‘‘(1) IN GENERAL.—An individual owner of an of an interest in trust or restricted lands from ‘‘(A) Except as provided in subsection (d), interest in trust or restricted land may convey appealing a determination of fair market value until the purchase price paid by the Secretary that interest by gift deed to— made in accordance with this section. for an interest referred to in subsection (a) has ‘‘(A) an individual Indian; or been recovered, any lease, resource sale con- ‘‘SEC. 216. ACQUISITION FUND. ‘‘(B) the Indian tribe that exercises jurisdic- tract, right-of-way, or other document evidenc- ‘‘(a) IN GENERAL.—The Secretary shall estab- tion over that land. ing a transaction affecting the interest shall lish an Acquisition Fund to— ‘‘(2) SPECIAL RULE.—With respect to any gift contain a clause providing that all revenue de- ‘‘(1) disburse appropriations authorized to ac- deed conveyed under this section, the Secretary rived from the interest shall be paid to the Sec- complish the purposes of section 213; and shall not require an appraisal and the trans- retary. ‘‘(2) collect all revenues received from the action shall be consistent with this Act and any ‘‘(B) Subject to subparagraph (C), the Sec- lease, permit, or sale of resources from interests other provision of Federal law. retary shall deposit any revenue derived under in trust or restricted lands transferred to Indian ‘‘(f) NO TERMINATION.—During the 7-year pe- subparagraph (A) into the Acquisition Fund tribes by the Secretary under section 213. riod beginning on the date on which the Sec- created under section 216. ‘‘(b) DEPOSITS; USE.— retary approves a conveyance of an interest in ‘‘(C) The Secretary shall deposit any revenue ‘‘(1) IN GENERAL.—Subject to paragraph (2), trust or restricted land under subsection (e), the that is paid under subparagraph (A) that is in all proceeds from leases, permits, or resource Secretary shall not approve an application to excess of the purchase price of the fractional in- sales derived from an interest in trust or re- terminate the trust status of, or remove the re- terest involved to the credit of the Indian tribe stricted lands described in subsection (a)(2) strictions on, such an interest. that receives the fractional interest under sec- shall— ‘‘(g) LAND OWNERSHIP INFORMATION.—Not- tion 213 and the tribe shall have access to such ‘‘(A) be deposited in the Acquisition Fund; withstanding any other provision of law, the funds in the same manner as other funds paid and names and mailing addresses of the Indian own- to the Secretary for the use of lands held in ‘‘(B) as specified in advance in appropriations ers of trust or restricted lands, and information trust for the tribe. Acts, be available for the purpose of acquiring on the location of the parcel and the percentage ‘‘(D) Notwithstanding any other provision of additional fractional interests in trust or re- of undivided interest owned by each individual, law, including section 16 of the Act of June 18, stricted lands. or of any interest in trust or restricted lands, 1934 (commonly referred to as the ‘Indian Reor- ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.—With shall, upon written request, be made available ganization Act’) (48 Stat. 987, chapter 576; 25 respect to the deposit of proceeds derived from to— U.S.C. 476), with respect to any interest ac- an interest under paragraph (1), the aggregate ‘‘(1) other Indian owners of interests in trust quired by the Secretary under section 213, the amount deposited under that paragraph shall or restricted lands within the same reservation; Secretary may approve a transaction covered not exceed the purchase price of that interest ‘‘(2) the tribe that exercises jurisdiction over under this section on behalf of a tribe until— under section 213. the reservation where the parcel is located or ‘‘(i) the Secretary makes any of the findings ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- any person who is eligible for membership in under paragraph (2)(A); or ACTIONS. that tribe; and ‘‘(ii) an amount equal to the purchase price of ‘‘(a) POLICY.—It is the policy of the United ‘‘(3) prospective applicants for the leasing, that interest has been paid into the Acquisition States to encourage and assist the consolidation use, or consolidation of such trust or restricted Fund created under section 216. of land ownership through transactions involv- land or the interest in trust or restricted lands. ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not ing individual Indians and between Indians and ‘‘SEC. 218. REPORTS TO CONGRESS. apply to any revenue derived from an interest in a reservation’s recognized tribal government in ‘‘(a) IN GENERAL.—Prior to expiration of the a parcel of land acquired by the Secretary under a manner consistent with the policy of main- authority provided for in section 213(a)(2)(A), section 213 after— taining the trust status of allotted lands. Noth- the Secretary, after consultation with Indian ‘‘(A) the Secretary makes a finding that— ing in this section shall be construed to apply to tribes and other interested parties, shall submit ‘‘(i) the costs of administering the interest will or to authorize the sale of trust or restricted to the Committee on Indian Affairs and the equal or exceed the projected revenues for the lands to a person who is not an Indian. Committee on Energy and Natural Resources of parcel involved; ‘‘(b) SALES AND EXCHANGES BETWEEN INDIANS the Senate and the Committee on Resources of ‘‘(ii) in the discretion of the Secretary, it will AND BETWEEN INDIANS AND INDIAN TRIBES.— the House of Representatives a report that indi- take an unreasonable period of time for the par- ‘‘(1) IN GENERAL.— cates, for the period covered by the report— cel to generate revenue that equals the purchase ‘‘(A) ESTIMATE OF VALUE.—Notwithstanding ‘‘(1) the number of fractional interests in trust price paid for the interest; or any other provision of law and only after the or restricted lands acquired; and

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‘‘(2) the impact of the resulting reduction in ‘‘(B) DESCRIPTION OF PARTIES.—The parties sions of this Act (and the amendments made by the number of such fractional interests on the referred to in subparagraph (A) are— this Act) that are not otherwise funded under financial and realty recordkeeping systems of ‘‘(i) the owners of the undivided interest in the authority provided for in any other provi- the Bureau of Indian Affairs. the allotted land covered under the lease or sion of Federal law. ‘‘(b) REPORT.—The reports described in sub- agreement referred to in such subparagraph; SEC. 7. CONFORMING AMENDMENTS. section (a) and section 213(a) shall contain find- and (a) PATENTS HELD IN TRUST.—The Act of Feb- ings as to whether the program under this Act ‘‘(ii) all other parties to the lease or agree- ruary 8, 1887 (24 Stat. 388) is amended— to acquire fractional interests in trust or re- ment. (1) by repealing sections 1, 2, and 3 (25 U.S.C. stricted lands should be extended and whether ‘‘(2) EFFECT ON INDIAN TRIBE.— 331, 332, and 333); and such program should be altered to make re- ‘‘(A) IN GENERAL.—Subparagraph (B) shall (2) in the second proviso of section 5 (25 sources available to Indian tribes and individual apply with respect to any undivided interest in U.S.C. 348)— Indian landowners. allotted land held by the Secretary in trust for (A) by striking ‘‘and partition’’; and ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- a tribe if a lease or agreement under subsection (B) by striking ‘‘except’’ and inserting ‘‘except WAY, AND SALES OF NATURAL RE- (a) is otherwise applicable to such undivided in- as provided by the Indian Land Consolidation SOURCES. terest by reason of this section even though the Act or a tribal probate code approved under ‘‘(a) APPROVAL BY THE SECRETARY.— Indian tribe did not consent to the lease or such Act and except’’. ‘‘(1) IN GENERAL.—Notwithstanding any other agreement. (b) ASCERTAINMENT OF HEIRS AND DISPOSAL provision of law, the Secretary may approve any ‘‘(B) APPLICATION OF LEASE.—The lease or OF ALLOTMENTS.—The Act of June 25, 1910 (36 lease or agreement that affects individually agreement described in subparagraph (A) shall Stat. 855) is amended— owned allotted land, if— apply to the portion of the undivided interest in (1) in the first sentence of section 1 (25 U.S.C. ‘‘(A) the owners of not less than the applica- allotted land described in such paragraph (in- 372), by striking ‘‘under’’ and inserting ‘‘under ble percentage (determined under subsection (b)) cluding entitlement of the Indian tribe to pay- the Indian Land Consolidation Act or a tribal of the undivided interest in the allotted land ment under the lease or agreement), and the In- probate code approved under such Act and pur- that is covered by the lease or agreement con- dian tribe shall not be treated as being a party suant to’’; and sent in writing to the lease or agreement; and to the lease or agreement. Nothing in this sec- (2) in the first sentence of section 2 (25 U.S.C. ‘‘(B) the Secretary determines that approving tion (or in the lease or agreement) shall be con- 373), by striking ‘‘with regulations’’ and insert- the lease or agreement is in the best interest of strued to affect the sovereignty of the Indian ing ‘‘with the Indian Land Consolidation Act or the owners of the undivided interest in the allot- tribe. a tribal probate code approved under such Act ted land. ‘‘(e) DISTRIBUTION OF PROCEEDS.— and regulations’’. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this ‘‘(1) IN GENERAL.—The proceeds derived from (c) TRANSFER OF LANDS.—Section 4 of the Act section shall be construed to apply to leases in- a lease or agreement that is approved by the of June 18, 1934 (25 U.S.C. 464) is amended by volving coal or uranium. Secretary under subsection (a) shall be distrib- striking ‘‘trust:’’ and inserting ‘‘trust, except as ‘‘(b) APPLICABLE PERCENTAGE.— uted to all owners of undivided interest in the provided by the Indian Land Consolidation ‘‘(1) PERCENTAGE INTEREST.—The applicable allotted land covered under the lease or agree- Act:’’. percentage referred to in subsection (a)(1) shall ment. AMENDMENT NO. 4019 be determined as follows: ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- (Purpose: To provide for a complete ‘‘(A) If there are 5 or fewer owners of the un- UTED.—The amount of the proceeds under para- substitute) divided interest in the allotted land, the appli- graph (1) that are distributed to each owner Mr. DEWINE. Mr. President, I send cable percentage shall be 100 percent. under that paragraph shall be determined in ac- ‘‘(B) If there are more than 5 such owners, but an amendment to the desk and ask for cordance with the portion of the undivided in- its immediate consideration. fewer than 11 such owners, the applicable per- terest in the allotted land covered under the centage shall be 80 percent. lease or agreement that is owned by that owner. The PRESIDING OFFICER. The ‘‘(C) If there are more than 10 such owners, ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this clerk will report. but fewer than 20 such owners, the applicable section shall be construed to amend or modify The legislative clerk read as follows: percentage shall be 60 percent. the provisions of Public Law 105-188 (25 U.S.C. The Senator from Ohio [Mr. DEWINE], for ‘‘(D) If there are 20 or more such owners, the 396 note), the American Indian Agricultural Re- Mr. CAMPBELL, proposes an amendment num- applicable percentage shall be a majority of the sources Management Act (25 U.S.C. 3701 et seq.) bered 4019. interests in the allotted land. or any other Act that provides specific stand- (The text of the amendment is print- ‘‘(2) DETERMINATION OF OWNERS.— ards for the percentage of ownership interest ed in today’s RECORD Under ‘‘Amend- ‘‘(A) IN GENERAL.—For purposes of this sub- that must approve a lease or agreement on a section, in determining the number of owners of, specified reservation. ments Submitted.’’) and their interests in, the undivided interest in Mr. CAMPBELL. Mr. President, on ‘‘SEC. 220. APPLICATION TO ALASKA. the allotted land with respect to a lease or September 15, 1999, I introduced S. 1586, ‘‘(a) FINDINGS.—Congress find that— agreement, the Secretary shall make such deter- ‘‘(1) numerous academic and governmental or- the Indian Land Consolidation Act mination based on the records of the Depart- ganizations have studied the nature and extent Amendments of 2000. At that time I ment of the Interior that identify the owners of of fractionated ownership of Indian land out- pledged to work with all interested such lands and their interests and the number side of Alaska and have proposed solutions to of owners of such land on the date on which the parties to address the vexing problems this problem; and lease or agreement involved is submitted to the associated with fractionated ownership ‘‘(2) despite these studies, there has not been Secretary under this section. of Indian lands. These lands were a comparable effort to analyze the problem, if ‘‘(B) RULE OF CONSTRUCTION.—Nothing in carved out of Indian reservations in the any, of fractionated ownership in Alaska. subparagraph (A) shall be construed to author- ‘‘(b) APPLICATION OF ACT TO ALASKA.—Except late 19th and early 20th centuries. ize the Secretary to treat an Indian tribe as the as provided in this section, this Act shall not Within only a few generations, the owner of an interest in allotted land that did apply to land located within Alaska. ownership of the allotments was di- not escheat to the tribe pursuant to section 207 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this vided among dozens of the heirs of the as a result of the Supreme Court’s decision in section shall be construed to constitute a ratifi- Babbitt v. Youpee, (117 S Ct. 727 (1997)). original owners of these parcels. This cation of any determination by any agency, in- ‘‘(c) AUTHORITY OF SECRETARY TO SIGN LEASE situation has only grown worse as each strumentality, or court of the United States that OR AGREEMENT ON BEHALF OF CERTAIN OWN- decade passes. may support the assertion of tribal jurisdiction ERS.—The Secretary may give written consent to In 1983, Congress tried to solve frac- over allotment lands or interests in such land in a lease or agreement under subsection (a)— Alaska.’’. tionation when it enacted the Indian ‘‘(1) on behalf of the individual Indian owner Land Consolidation Act (ILCA), P.L. if the owner is deceased and the heirs to, or SEC. 5. JUDICIAL REVIEW. Notwithstanding section 207(f)(5) of the In- 94–459. The ILCA prevented small undi- devisees of, the interest of the deceased owner vided interests from passing by either have not been determined; or dian Land Consolidation Act (25 U.S.C. ‘‘(2) on behalf of any heir or devisee referred 2206(f)(5)), after the Secretary of Interior pro- devise or descent. Only those interests to in paragraph (1) if the heir or devisee has vides the certification required under section that produced more than $100 in rev- been determined but cannot be located 207(f)(4) of such Act, the owner of an interest in enue in the preceding year were ex- ‘‘(d) EFFECT OF APPROVAL.— trust or restricted land may bring an adminis- empted. In 1987 the Supreme Court ‘‘(1) APPLICATION TO ALL PARTIES.— trative action to challenge the application of ruled in Hodel v. Irving, 481 U.S. 704, ‘‘(A) IN GENERAL.—Subject to paragraph (2), a such section 207 to their interest in trust or re- that those provisions of the ILCA vio- stricted lands, and may seek judicial review of lease or agreement approved by the Secretary lated the 5th Amendment by taking under subsection (a) shall be binding on the the final decision of the Secretary of Interior parties described in subparagraph (B), to the with respect to such challenge. property without just compensation. same extent as if all of the owners of the undi- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Then in 1992, the General Accounting vided interest in allotted land covered under the There are authorized to be appropriated not to Office surveyed 12 Indian reservations lease or agreement consented to the lease or exceed $8,000,000 for fiscal year 2001 and each with fractionated ownership and re- agreement. subsequent fiscal year to carry out the provi- ported to Congress:

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7709 BIA’s workload for ownership records is A proposed amendment in the nature though it differs greatly from the De- substantial. The agency maintains about 1.1 of a substitute has been produced. The partment’s original proposal. million records for the 12 reservations. Over amendment differs from the version re- As far back as 1934, a member of the 60 percent of the records represent small House of Representatives referred to ownership interests of Indian individuals— ported by the SCIA on June 14, 2000 in some as small as one four thousandth of 1 the following ways: fractionated interests as: ‘‘a meaning- percent. (GAO/RCED–92–96BR) The definition of ‘‘Indian’’ is amend- less system of minute partitioning in In 1994, the Department of Interior ed. As reported on June 14, 2000, the which all thought of the possible use of began a national consultation with definition included members of Indian the land to satisfy human needs is lost tribal leaders and landowners con- tribes and those eligible for member- in a mathematical haze of book- cerning the need to address fraction- ship in an Indian tribe. The proposed keeping.’’ S. 1586 provides a framework ation through a comprehensive legisla- amendment adds a provision for: ‘‘any that will allow the Federal govern- tive proposal. Based on these consulta- person who has been found to meet the ment, tribal governments, and those tions, in June 1997, the Administration definition of ‘Indian’ under a provision who own interests in allotments to submitted a legislative proposal on of Federal law if the Secretary deter- begin addressing these issues. land fractionation to Congress. mines that using such law’s definition Mr. DEWINE. Mr. President, I ask Also in 1997, the Supreme Court ruled of Indian is consistent with the pur- unanimous consent that the amend- in Babbitt v. Youpee, 519 U.S. 234 that poses of this Act.’’ This amendment ment be agreed to, the committee the 1984 amendments to the ILCA did will ensure that individuals who are amendment be agreed to, as amended, not go far enough to alter the Court’s treated as Indians for other purposes of the bill be read the third time and previous finding that the ILCA violated Federal law will also be treated as In- passed, the motion to reconsider be the 5th Amendment. dian for purposes of this Act. laid upon the table, and any state- On November 4, 2000, the Senate In- Section 207 dealing with the devise ments relating to the bill be printed in dian Affairs Committee (SCIA) held a and descent of interests in trust and re- the RECORD. joint hearing on S. 1586 with the House stricted lands has been rewritten to The PRESIDING OFFICER. Without Committee on Resources. provide that non-Indians inheriting in- objection, it is so ordered. On March 23, 2000, the SCIA reported terest in trust and restricted land will The amendment (No. 4019) was agreed S. 1586. Relying on a suggestion in the now receive life estates in place of to. Supreme Court’s 1987 opinion, the re- ‘‘non-Indian interests in Indian land.’’ The committee amendment, in the ported bill allowed an owner to devise The owner of allotted land who does nature of a substitute, as amended, was fractional interests of less than 2%, but not have any Indian heirs may devise agreed to. eliminated the intestate descent of his interest to non-Indian heirs. Such a The bill (S. 1586), as amended, was such interests. These interests were al- devise may then reserve a life estate if read the third time and passed. lowed to ‘‘escheat’’ to the tribe exer- the remainder interest is acquired by S. 1586 cising jurisdiction over the parcel. Be- the tribe under section 206(c). Be it enacted by the Senate and House of Rep- cause of the controversy associated Section 206(c), which allows Indian resentatives of the United States of America in with the escheat provision, Committee tribes to acquire interests devised to Congress assembled, staff continued to work with interested non-Indians has been rewritten for SECTION 1. SHORT TITLE. parties to develop a proposal for ad- clarity. This Act may be cited as the ‘‘Indian Land dressing fractionation without the use As reported on June 14, 2000, S. 1586 Consolidation Act Amendments of 2000’’. of escheat. provided that interests of 5% or less TITLE I—INDIAN LAND CONSOLIDATION On June 14, 2000, the SCIA reported S. that pass by intestate succession would SEC. 101. FINDINGS. 1586 with an amendment in the nature be inherited with the right of survivor- Congress finds that— of a substitute. In response to concerns ship to prevent further fractionation. (1) in the 1800’s and early 1900’s, the United that probate reform should be com- Since the BIA is in the process of re- States sought to assimilate Indian people prehensive, the reported version of the forming its trust and probate manage- into the surrounding non-Indian culture by bill was not limited to smaller frac- ment system, the proposed amendment allotting tribal lands to individual members tional interests. Instead the bill ad- provides that this provision will not of Indian tribes; dressed both the problem of take effect until the Secretary certifies (2) as a result of the allotment Acts and re- lated Federal policies, over 90,000,000 acres of fractionated ownership and the loss of that the BIA has a process in place to land have passed from tribal ownership; trust land through devise and descent. track interests held with the right of (3) many trust allotments were taken out The bill provided that non-Indian heirs survivorship. of trust status, often without their owners and devisees would receive ‘‘non-Indian A separate subsection concerning gift consent; interests in Indian land,’’ rather than deeds is now incorporated into another (4) without restrictions on alienation, al- fee title to trust and restricted land. In section that allows the Secretary to lotment owners were subject to exploitation most instances, these interests would approve conveyance of trust land to In- and their allotments were often sold or dis- operate as if they were a life estate in dians. Also, trust land may now be con- posed of without any tangible or enduring veyed to Indians by a person of Indian benefit to their owners; the interest. (5) the trust periods for trust allotments S. 1586 was endorsed on June 28, 2000 ancestry who owns trust land, but does have been extended indefinitely; by the National Congress of American not meet the ILCA’’s definition of In- (6) because of the inheritance provisions in Indians (NCAI), the largest and most dian. the original treaties or allotment Acts, the representative tribal organization in A second title to S. 1586 includes the ownership of many of the trust allotments the Nation, through Resolution Jun–00– text from S. 1315 and its House coun- that have remained in trust status has be- 044. The Resolution requested that the terpart H.R. 3181, which allow the Sec- come fractionated into hundreds or thou- bill’s sponsor continue to work with retary of Interior to approve oil and sands of undivided interests, many of which NCAI to address technical issues. gas leases on lands allotted to indi- represent 2 percent or less of the total inter- Throughout June and July, a con- ests; vidual Navajo Indians, as long as the (7) Congress has authorized the acquisition certed effort has been made to consult specified majority of owners of undi- of lands in trust for individual Indians, and with Indian tribes, landowners, and vided interests approve the trans- many of those lands have also become inter-tribal organizations, BIA per- action. S. 1315 and H.R. 3181 were intro- fractionated by subsequent inheritance; sonnel, and interested academics to duced at the request of the Navajo Al- (8) the acquisitions referred to in para- clarify and simplify the bill. For exam- lottee Association, Shii Shi Keyah. graph (7) continue to be made; ple, in many instances a ‘‘non-Indian I have described S. 1586 as the ‘‘cor- (9) the fractional interests described in this estate in Indian land’’ might prove a nerstone’’ of the Committee’s efforts to section often provide little or no return to more complicated interest than was reform the BIA’s management of land the beneficial owners of those interests and the administrative costs borne by the United necessary to achieve the bill’s objec- fractionation. Without this bill, inter- States for those interests are inordinately tive. It was recommended that the ests will continue to fractionate. That high; bill’s non-Indian estate should simply is why the Department of the Interior (10) in Babbitt v. Youpee (117 S Ct. 727 be replaced by an ordinary life estate. continues to support this bill, even (1997)), the United States Supreme Court

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7710 CONGRESSIONAL RECORD — SENATE July 26, 2000 found the application of section 207 of the In- poses of determining whether the consent re- the Secretary shall include in the notice of dian Land Consolidation Act (25 U.S.C. 2206) quirement under the preceding sentence has disapproval to the Indian tribe a written ex- to the facts presented in that case to be un- been met.’’; planation of the reasons for the disapproval. constitutional, forcing the Department of (iii) by striking ‘‘: Provided, That—’’; and ‘‘(E) AMENDMENTS.— the Interior to address the status of thou- inserting the following: ‘‘(i) IN GENERAL.—Each Indian tribe that sands of undivided interests in trust and re- ‘‘(b) CONDITIONS APPLICABLE TO PUR- amends a tribal probate code under this stricted lands; CHASE.—Subsection (a) applies on the condi- paragraph shall submit the amendment to (11)(A) on February 19, 1999, the Secretary tion that—’’; the Secretary for review and approval. Not of Interior issued a Secretarial Order which (B) in paragraph (2)— later than 60 days after receiving an amend- officially reopened the probate of all estates (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and ment under this subparagraph, the Secretary where an interest in land was ordered to es- (ii) by adding ‘‘and’’ at the end; and shall review and approve or disapprove the cheat to an Indian tribe pursuant to section (C) by striking paragraph (3) and inserting amendment. 207 of the Indian Land Consolidation Act (25 the following: ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE U.S.C. 2206); and ‘‘(3) the approval of the Secretary shall be OR DISAPPROVE AN AMENDMENT.—If the Sec- (B) the Secretarial Order also directed ap- required for a land sale initiated under this retary fails to approve or disapprove an propriate officials of the Bureau of Indian section, except that such approval shall not amendment submitted under clause (i), the Affairs to distribute such interests ‘‘to the be required with respect to a land sale trans- amendment shall be deemed to have been ap- rightful heirs and beneficiaries without re- action initiated by an Indian tribe that has proved by the Secretary, but only to the ex- gard to 25 U.S.C. 2206’’; in effect a land consolidation plan that has tent that the amendment is consistent with (12) in the absence of comprehensive reme- been approved by the Secretary under sec- Federal law and promotes the policies set dial legislation, the number of the fractional tion 204.’’; forth in section 102 of the Indian Land Con- interests will continue to grow exponen- (3) by striking section 206 and inserting the solidation Act of 2000. tially; following: ‘‘(3) EFFECTIVE DATES.—A tribal probate (13) the problem of the fractionation of In- ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- code approved under paragraph (2) shall be- dian lands described in this section is the re- TIONS OF FRACTIONAL INTERESTS come effective on the later of— BY TRIBES. sult of a policy of the Federal Government, ‘‘(A) the date specified in section 207(g)(5); ‘‘(a) TRIBAL PROBATE CODES.— cannot be solved by Indian tribes, and re- or ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(B) 180 days after the date of approval. quires a solution under Federal law. other provision of law, any Indian tribe may (14) any devise or inheritance of an interest ‘‘(4) LIMITATIONS.— adopt a tribal probate code to govern descent ‘‘(A) TRIBAL PROBATE CODES.—Each tribal in trust or restricted Indian lands is a mat- and distribution of trust or restricted lands ter of Federal law; and probate code enacted under subsection (a) that are— shall apply only to the estate of a decedent (15) consistent with the Federal policy of ‘‘(A) located within that Indian tribe’s res- tribal self-determination, the Federal Gov- who dies on or after the effective date of the ervation; or tribal probate code. ernment should encourage the recognized ‘‘(B) otherwise subject to the jurisdiction tribal government that exercises jurisdiction ‘‘(B) AMENDMENTS TO TRIBAL PROBATE of that Indian tribe. CODES.—With respect to an amendment to a over a reservation to establish a tribal pro- ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate tribal probate code referred to in subpara- bate code for that reservation. code referred to in paragraph (1) may in- graph (A), that amendment shall apply only SEC. 102. DECLARATION OF POLICY. clude— to the estate of a decedent who dies on or It is the policy of the United States— ‘‘(A) rules of intestate succession; and after the effective date of the amendment. (1) to prevent the further fractionation of ‘‘(B) other tribal probate code provisions ‘‘(5) REPEALS.—The repeal of a tribal pro- trust allotments made to Indians; that are consistent with Federal law and bate code shall— (2) to consolidate fractional interests and that promote the policies set forth in section ‘‘(A) not become effective earlier than the ownership of those interests into usable par- 102 of the Indian Land Consolidation Act date that is 180 days after the Secretary re- cels; Amendments of 2000. ceives notice of the repeal; and (3) to consolidate fractional interests in a ‘‘(3) LIMITATIONS.—The Secretary shall not ‘‘(B) apply only to the estate of a decedent manner that enhances tribal sovereignty; approve a tribal probate code if such code who dies on or after the effective date of the (4) to promote tribal self-sufficiency and prevents an Indian person from inheriting an repeal. self-determination; and interest in an allotment that was originally ‘‘(c) AUTHORITY AVAILABLE TO INDIAN (5) to reverse the effects of the allotment allotted to his or her lineal ancestor. TRIBES.— policy on Indian tribes. ‘‘(b) SECRETARIAL APPROVAL.— ‘‘(1) IN GENERAL.—If the owner of an inter- SEC. 103. AMENDMENTS TO THE INDIAN LAND ‘‘(1) IN GENERAL.—Any tribal probate code est in trust or restricted land devises an in- CONSOLIDATION ACT. enacted under subsection (a), and any terest in such land to a non-Indian under The Indian Land Consolidation Act (25 amendment to such a tribal probate code, section 207(a)(6)(A), the Indian tribe that ex- U.S.C. 2201 et seq.) is amended— shall be subject to the approval of the Sec- ercises jurisdiction over the parcel of land (1) in section 202— retary. involved may acquire such interest by pay- (A) in paragraph (1), by striking ‘‘(1) ‘‘(2) REVIEW AND APPROVAL.— ing to the Secretary the fair market value of ‘tribe’ ’’ and inserting ‘‘(1) ‘Indian tribe’ or ‘‘(A) IN GENERAL.—Each Indian tribe that such interest, as determined by the Sec- ‘tribe’ ’’; adopts a tribal probate code under sub- retary on the date of the decedent’s death. (B) by striking paragraph (2) and inserting section (a) shall submit that code to the Sec- The Secretary shall transfer such payment the following: retary for review. Not later than 180 days to the devisee. ‘‘(2) ‘Indian’ means any person who is a after a tribal probate code is submitted to ‘‘(2) LIMITATION.— member of any Indian tribe or is eligible to the Secretary under this paragraph, the Sec- ‘‘(A) IN GENERAL.—Paragraph (1) shall not become a member of any Indian tribe, or any retary shall review and approve or dis- apply to an interest in trust or restricted person who has been found to meet the defi- approve that tribal probate code. land if, while the decedent’s estate is pend- nition of ‘Indian’ under a provision of Fed- ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE ing before the Secretary, the non-Indian dev- eral law if the Secretary determines that OR DISAPPROVE A TRIBAL PROBATE CODE.—If isee renounces the interest in favor of an In- using such law’s definition of Indian is con- the Secretary fails to approve or disapprove dian person. sistent with the purposes of this Act;’’; a tribal probate code submitted for review ‘‘(B) RESERVATION OF LIFE ESTATE.—A non- (C) by striking ‘‘and’’ at the end of para- under subparagraph (A) by the date specified Indian devisee described in subparagraph (A) graph (3); in that subparagraph, the tribal probate code or a non-Indian devisee described in section (D) by striking the period at the end of shall be deemed to have been approved by 207(a)(6)(B), may retain a life estate in the paragraph (4) and inserting ‘‘; and’’; and the Secretary, but only to the extent that interest involved, including a life estate to (E) by adding at the end the following: the tribal probate code is consistent with the revenue produced from the interest. The ‘‘(5) ‘heirs of the first or second degree’ Federal law and promotes the policies set amount of any payment required under para- means parents, children, grandchildren, forth in section 102 of the Indian Land Con- graph (1) shall be reduced to reflect the value grandparents, brothers and sisters of a dece- solidation Act Amendments of 2000. of any life estate reserved by a non-Indian dent.’’; ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE devisee under this subparagraph. (2) in section 205— WITH ACT.—The Secretary may not approve a ‘‘(3) PAYMENTS.—With respect to payments (A) in the matter preceding paragraph (1)— tribal probate code, or any amendment to by an Indian tribe under paragraph (1), the (i) by striking ‘‘Any Indian’’ and inserting such a code, under this paragraph unless the Secretary shall— ‘‘(a) IN GENERAL.—Subject to subsection (b), Secretary determines that the tribal probate ‘‘(A) upon the request of the tribe, allow a any Indian’’; code promotes the policies set forth in sec- reasonable period of time, not to exceed 2 (ii) by striking the colon and inserting the tion 102 of the Indian Land Consolidation years, for the tribe to make payments of following: ‘‘. Interests owned by an Indian Act Amendments of 2000. amounts due pursuant to paragraph (1); or tribe in a tract may be included in the com- ‘‘(D) EXPLANATION.—If the Secretary dis- ‘‘(B) recognize alternative agreed upon ex- putation of the percentage of ownership of approves a tribal probate code, or an amend- changes of consideration or extended pay- the undivided interests in that tract for pur- ment to such a code, under this paragraph, ment terms between the non-Indian devisee

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7711 described in paragraph (1) and the tribe in over an interest in trust or restricted land the right of survivorship, the Secretary shall satisfaction of the payment under paragraph described in subparagraph (A) may acquire certify such determination and publish such (1). any interest devised to a non-Indian as pro- certification in the Federal Register. ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL vided for in section 206(c). ‘‘(d) DESCENT OF OFF-RESERVATION JUSTICE SYSTEMS.— ‘‘(b) INTESTATE SUCCESSION.— LANDS.— ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In ‘‘(1) IN GENERAL.—An interest in trust or ‘‘(1) INDIAN RESERVATION DEFINED.—For this subsection, the term ‘tribal justice sys- restricted land shall pass by intestate suc- purposes of this subsection, the term ‘Indian tem’ has the meaning given that term in sec- cession only to a decedent’s spouse or heirs reservation’ includes lands located within— tion 3 of the Indian Tribal Justice Act (25 of the first or second degree, pursuant to the ‘‘(A)(i) Oklahoma; and U.S.C. 3602). applicable law of intestate succession. ‘‘(ii) the boundaries of an Indian tribe’s ‘‘(2) REGULATIONS.—The Secretary by regu- ‘‘(2) LIFE ESTATE.—Notwithstanding para- former reservation (as defined and deter- lation may provide for the use of findings of graph (1), with respect to land described in mined by the Secretary); fact and conclusions of law, as rendered by a such paragraph, a non-Indian spouse or non- ‘‘(B) the boundaries of any Indian tribe’s tribal justice system, as proposed findings of Indian heirs of the first or second degree current or former reservation; or fact and conclusions of law in the adjudica- shall only receive a life estate in such land. ‘‘(C) any area where the Secretary is re- tion of probate proceedings by the Depart- ‘‘(3) DESCENT OF INTERESTS.—If a decedent quired to provide special assistance or con- ment of the Interior.’’; described in paragraph (1) has no Indian sideration of a tribe’s acquisition of land or (4) by striking section 207 and inserting the heirs of the first or second degree, the re- interests in land. mainder interest from the life estate referred following: ‘‘(2) DESCENT.—Except in the State of Cali- to in paragraph (2) shall descend to any of ‘‘SEC. 207. DESCENT AND DISTRIBUTION. fornia, upon the death of an individual hold- the decedent’s collateral Indian heirs of the ing an interest in trust or restricted lands ‘‘(a) TESTAMENTARY DISPOSITION.— first or second degree, pursuant to the appli- ‘‘(1) IN GENERAL.—Interests in trust or re- that are located outside the boundaries of an cable laws of intestate succession, if on the Indian reservation and that are not subject stricted land may be devised only to— date of the decedent’s death, such heirs were to the jurisdiction of any Indian tribe, that ‘‘(A) the decedent’s Indian spouse or any a co-owner of an interest in the parcel of interest shall descend either— other Indian person; or trust or restricted land involved. ‘‘(A) by testate or intestate succession in ‘‘(B) the Indian tribe with jurisdiction over ‘‘(4) DESCENT TO TRIBE.—If the remainder trust to an Indian; or the land so devised. interest described in paragraph (3) does not ‘‘(B) in fee status to any other devises or ‘‘(2) LIFE ESTATE.—Any devise of an inter- descend to an Indian heir or heirs it shall de- heirs. est in trust or restricted land to a non-In- scend to the Indian tribe that exercises juris- dian shall create a life estate with respect to diction over the parcel of trust or restricted ‘‘(e) APPROVAL OF AGREEMENTS.—The offi- such interest. lands involved, subject to paragraph (5). cial authorized to adjudicate the probate of trust or restricted lands shall have the au- ‘‘(3) REMAINDER.— ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- thority to approve agreements between a de- ‘‘(A) IN GENERAL.—Except where the re- OWNERS.—An Indian co-owner of a parcel of mainder from the life estate referred to in trust or restricted land may prevent the de- cedent’s heirs and devisees to consolidate in- paragraph (2) is devised to an Indian, such scent of an interest in such land for which terests in trust or restricted lands. The remainder shall descend to the decedent’s In- there is no heir of the first or second degree agreements referred to in the preceding sen- dian spouse or Indian heirs of the first or by paying into the decedent’s estate the fair tence may include trust or restricted lands second degree pursuant to the applicable law market value of the interest in such land. If that are not a part of the decedent’s estate of intestate succession. more than 1 Indian co-owner makes an offer that is the subject of the probate. The Sec- ‘‘(B) DESCENT OF INTERESTS.—If a decedent to pay for such an interest, the highest bid- retary may promulgate regulations for the described in subparagraph (A) has no Indian der shall obtain the interest. If no such offer implementation of this subsection. heirs of the first or second degree, the re- is made, the interest shall descend to the In- ‘‘(f) ESTATE PLANNING ASSISTANCE.— mainder interest described in such subpara- dian tribe that exercises jurisdiction over ‘‘(1) IN GENERAL.—The Secretary shall pro- graph shall descend to any of the decedent’s the parcel of land involved. vide estate planning assistance in accord- collateral heirs of the first or second degree, ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVOR- ance with this subsection, to the extent pursuant to the applicable laws of intestate SHIP.— amounts are appropriated for such purpose. succession, if on the date of the decedent’s ‘‘(1) TESTATE.—If a testator devises inter- ‘‘(2) REQUIREMENTS.—The estate planning death, such heirs were a co-owner of an in- ests in the same parcel of trust or restricted assistance provided under paragraph (1) shall terest in the parcel of trust or restricted lands to more than 1 person, in the absence be designed to— land involved. of express language in the devise to the con- ‘‘(A) inform, advise, and assist Indian land- ‘‘(C) DEFINITION.—For purposes of this sec- trary, the devise shall be presumed to create owners with respect to estate planning in tion, the term ‘collateral heirs of the first or joint tenancy with the right of survivorship order to facilitate the transfer of trust or re- second degree’ means the brothers, sisters, in the land involved. stricted lands to a devisee or devisees se- aunts, uncles, nieces, nephews, and first ‘‘(2) INTESTATE.— lected by the landowners; and cousins, of a decedent. ‘‘(A) IN GENERAL.—Any interest in trust or ‘‘(B) assist Indian landowners in accessing ‘‘(4) DESCENT TO TRIBE.—If the remainder restricted land that— information pursuant to section 217(e). interest described in paragraph (3)(A) does ‘‘(i) passes by intestate succession to more ‘‘(3) CONTRACTS.—In carrying out this sec- not descend to an Indian heir or heirs it shall than 1 person, including a remainder interest tion, the Secretary may enter into contracts descend to the Indian tribe that exercises ju- under subsection (a) or (b) of section 207; and with entities that have expertise in Indian risdiction over the parcel of trust or re- ‘‘(ii) that constitutes 5 percent or more of estate planning and tribal probate codes. stricted lands involved, subject to paragraph the undivided interest in a parcel of trust or ‘‘(g) NOTIFICATION TO INDIAN TRIBES AND (5). restricted land; OWNERS OF TRUST OR RESTRICTED LANDS.— ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- shall be held as tenancy in common. ‘‘(1) IN GENERAL.—Not later than 180 days OWNERS.—An Indian co-owner of a parcel of ‘‘(B) LIMITED INTEREST.—Any interest in after the date of enactment of the Indian trust or restricted land may prevent the de- trust or restricted land that— Land Consolidation Act Amendments of 2000, scent of an interest in Indian land to an In- ‘‘(i) passes by intestate succession to more the Secretary shall notify Indian tribes and dian tribe under paragraph (4) by paying into than 1 person, including a remainder interest owners of trust or restricted lands of the the decedent’s estate the fair market value under subsection (a) or (b) of section 207; and amendments made by the Indian Land Con- of the interest in such land. If more than 1 ‘‘(ii) that constitutes less than 5 percent of solidation Act Amendments of 2000. Indian co-owner offers to pay for such an in- the undivided interest in a parcel of trust or ‘‘(2) SPECIFICATIONS.—The notice required terest, the highest bidder shall obtain the in- restricted land; under paragraph (1) shall be designed to in- terest. If payment is not received before the shall be held by such heirs with the right of form Indian owners of trust or restricted close of the probate of the decedent’s estate, survivorship. land of— the interest shall descend to the tribe that ‘‘(3) EFFECTIVE DATE.— ‘‘(A) the effect of this Act, with emphasis exercises jurisdiction over the parcel. ‘‘(A) IN GENERAL.—This subsection (other on the effect of the provisions of this section, ‘‘(6) SPECIAL RULE.— than subparagraph (B)) shall become effec- on the testate disposition and intestate de- ‘‘(A) IN GENERAL.—Notwithstanding para- tive on the later of— scent of their interests in trust or restricted graph (2), an owner of trust or restricted land ‘‘(i) the date referred to in subsection land; and who does not have an Indian spouse, Indian (g)(5); or ‘‘(B) estate planning options available to lineal descendant, an Indian heir of the first ‘‘(ii) the date that is six months after the the owners, including any opportunities for or second degree, or an Indian collateral heir date on which the Secretary makes the cer- receiving estate planning assistance or ad- of the first or second degree, may devise his tification required under subparagraph (B). vice. or her interests in such land to any of the de- ‘‘(B) CERTIFICATION.—Upon a determina- ‘‘(3) REQUIREMENTS.—The Secretary shall cedent’s heirs of the first or second degree or tion by the Secretary that the Department provide the notice required under paragraph collateral heirs of the first or second degree. of the Interior has the capacity, including (1)— ‘‘(B) ACQUISITION OF INTEREST BY TRIBE.— policies and procedures, to track and manage ‘‘(A) by direct mail for those Indians with An Indian tribe that exercises jurisdiction interests in trust or restricted land held with interests in trust and restricted lands for

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which the Secretary has an address for the ‘‘(c) SALE OF INTEREST TO INDIAN LAND- ‘‘(i) the costs of administering the interest interest holder; OWNERS.— will equal or exceed the projected revenues ‘‘(B) through the Federal Register; ‘‘(1) CONVEYANCE AT REQUEST.— for the parcel involved; ‘‘(C) through local newspapers in areas ‘‘(A) IN GENERAL.—At the request of any ‘‘(ii) in the discretion of the Secretary, it with significant Indian populations, reserva- Indian who owns at least 5 percent of the un- will take an unreasonable period of time for tion newspapers, and newspapers that are di- divided interest in a parcel of trust or re- the parcel to generate revenue that equals rected at an Indian audience; and stricted land, the Secretary shall convey an the purchase price paid for the interest; or ‘‘(D) through any other means determined interest acquired under this section to the ‘‘(iii) a subsequent decrease in the value of appropriate by the Secretary. Indian landowner upon payment by the In- land or commodities associated with the ‘‘(4) CERTIFICATION.—After providing notice dian landowner of the amount paid for the land make it likely that the interest will be under this subsection, the Secretary shall interest by the Secretary. unable to generate revenue that equals the certify that the requirements of this sub- ‘‘(B) LIMITATION.—With respect to a con- purchase price paid for the interest in a rea- section have been met and shall publish no- veyance under this subsection, the Secretary sonable time; or tice of such certification in the Federal Reg- shall not approve an application to termi- ‘‘(B) an amount equal to the purchase price ister. nate the trust status or remove the restric- of that interest in land has been paid into ‘‘(5) EFFECTIVE DATE.—The provisions of tions of such an interest. the Acquisition Fund created under section this section shall not apply to the estate of ‘‘(2) MULTIPLE OWNERS.—If more than one 216. an individual who dies prior to the day that Indian owner requests an interest under (1), ‘‘(c) TRIBE NOT TREATED AS PARTY TO is 365 days after the Secretary makes the the Secretary shall convey the interest to LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, certification required under paragraph (4).’’; the Indian owner who owns the largest per- IMMUNITY.— (5) in section 208, by striking ‘‘section 206’’ centage of the undivided interest in the par- ‘‘(1) IN GENERAL.—Paragraph (2) shall apply and inserting ‘‘subsections (a) and (b) of sec- cel of trust or restricted land involved. with respect to any undivided interest in al- tion 206’’; and ‘‘(3) LIMITATION.—If an Indian tribe that lotted land held by the Secretary in trust for (6) by adding at the end the following: has jurisdiction over a parcel of trust or re- a tribe if a lease or agreement under sub- ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- stricted land owns 10 percent or more of the section (a) is otherwise applicable to such TION OF FRACTIONAL INTERESTS. undivided interests in a parcel of such land, undivided interest by reason of this section ‘‘(a) ACQUISITION BY SECRETARY.— such interest may only be acquired under even though the Indian tribe did not consent ‘‘(1) IN GENERAL.—The Secretary may ac- paragraph (1) with the consent of such Indian to the lease or agreement. quire, at the discretion of the Secretary and tribe. ‘‘(2) APPLICATION OF LEASE.—The lease or with the consent of the owner, and at fair agreement described in paragraph (1) shall market value, any fractional interest in ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- apply to the portion of the undivided inter- trust or restricted lands. TIONAL INTERESTS, DISPOSITION OF PROCEEDS. est in allotted land described in such para- ‘‘(2) AUTHORITY OF SECRETARY.— N ENERAL graph (including entitlement of the Indian ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(a) I G .—Subject to the condi- have the authority to acquire interests in tions described in subsection (b)(1), an Indian tribe to payment under the lease or agree- trust or restricted lands under this section tribe receiving a fractional interest under ment), and the Indian tribe shall not be during the 3-year period beginning on the section 213 may, as a tenant in common with treated as being a party to the lease or date of certification that is referred to in the other owners of the trust or restricted agreement. Nothing in this section (or in the section 207(g)(5). lands, lease the interest, sell the resources, lease or agreement) shall be construed to af- fect the sovereignty of the Indian tribe. ‘‘(B) REQUIRED REPORT.—Prior to expira- consent to the granting of rights-of-way, or tion of the authority provided for in subpara- engage in any other transaction affecting ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. graph (A), the Secretary shall submit the re- the trust or restricted land authorized by ‘‘For purposes of this Act, the Secretary port required under section 218 concerning law. may develop a system for establishing the whether the program to acquire fractional ‘‘(b) CONDITIONS.— fair market value of various types of lands interests should be extended or altered to ‘‘(1) IN GENERAL.—The conditions described and improvements. Such a system may in- make resources available to Indian tribes in this paragraph are as follows: clude determinations of fair market value and individual Indian landowners. ‘‘(A) Until the purchase price paid by the based on appropriate geographic units as de- ‘‘(3) INTERESTS HELD IN TRUST.—Subject to Secretary for an interest referred to in sub- termined by the Secretary. Such system may section 214, the Secretary shall immediately section (a) has been recovered, or until the govern the amounts offered for the purchase hold interests acquired under this Act in Secretary makes any of the findings under of interests in trust or restricted lands under trust for the recognized tribal government paragraph (2)(A), any lease, resource sale section 213. contract, right-of-way, or other document that exercises jurisdiction over the land in- ‘‘SEC. 216. ACQUISITION FUND. volved. evidencing a transaction affecting the inter- ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(b) REQUIREMENTS.—In implementing sub- est shall contain a clause providing that all section (a), the Secretary— revenue derived from the interest shall be tablish an Acquisition Fund to— ‘‘(1) shall promote the policies provided for paid to the Secretary. ‘‘(1) disburse appropriations authorized to in section 102 of the Indian Land Consolida- ‘‘(B) Subject to subparagraph (C), the Sec- accomplish the purposes of section 213; and tion Act Amendments of 2000; retary shall deposit any revenue derived ‘‘(2) collect all revenues received from the ‘‘(2) may give priority to the acquisition of under subparagraph (A) into the Acquisition lease, permit, or sale of resources from inter- fractional interests representing 2 percent or Fund created under section 216. ests in trust or restricted lands transferred less of a parcel of trust or restricted land, es- ‘‘(C) The Secretary shall deposit any rev- to Indian tribes by the Secretary under sec- pecially those interests that would have enue that is paid under subparagraph (A) tion 213 or paid by Indian landowners under escheated to a tribe but for the Supreme that is in excess of the purchase price of the section 213(c). Court’s decision in Babbitt v. Youpee, (117 S fractional interest involved to the credit of ‘‘(b) DEPOSITS; USE.— Ct. 727 (1997)); the Indian tribe that receives the fractional ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(3) to the extent practicable— interest under section 213 and the tribe shall all proceeds from leases, permits, or resource ‘‘(A) shall consult with the tribal govern- have access to such funds in the same man- sales derived from an interest in trust or re- ment that exercises jurisdiction over the ner as other funds paid to the Secretary for stricted lands described in subsection (a)(2) land involved in determining which tracts to the use of lands held in trust for the tribe. shall— acquire on a reservation; ‘‘(D) Notwithstanding any other provision ‘‘(A) be deposited in the Acquisition Fund; ‘‘(B) shall coordinate the acquisition ac- of law, including section 16 of the Act of and tivities with the acquisition program of the June 18, 1934 (commonly referred to as the ‘‘(B) as specified in advance in appropria- tribal government that exercises jurisdiction ‘Indian Reorganization Act’) (48 Stat. 987, tions Acts, be available for the purpose of ac- over the land involved, including a tribal chapter 576; 25 U.S.C. 476), with respect to quiring additional fractional interests in land consolidation plan approved pursuant to any interest acquired by the Secretary under trust or restricted lands. section 204; and section 213, the Secretary may approve a ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.— ‘‘(C) may enter into agreements (such transaction covered under this section on be- With respect to the deposit of proceeds de- agreements will not be subject to the provi- half of a tribe until— rived from an interest under paragraph (1), sions of the Indian Self-Determination and ‘‘(i) the Secretary makes any of the find- the aggregate amount deposited under that Education Assistance Act of 1974) with the ings under paragraph (2)(A); or paragraph shall not exceed the purchase tribal government that exercises jurisdiction ‘‘(ii) an amount equal to the purchase price price of that interest under section 213. over the land involved or a subordinate enti- of that interest has been paid into the Acqui- ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- ty of the tribal government to carry out sition Fund created under section 216. ACTIONS. some or all of the Secretary’s land acquisi- ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not ‘‘(a) POLICY.—It is the policy of the United tion program; and apply to any revenue derived from an inter- States to encourage and assist the consolida- ‘‘(4) shall minimize the administrative est in a parcel of land acquired by the Sec- tion of land ownership through trans- costs associated with the land acquisition retary under section 213 after— actions— program. ‘‘(A) the Secretary makes a finding that— ‘‘(1) involving individual Indians;

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7713 ‘‘(2) between Indians and the tribal govern- in subsection (b)(2) and prior to considering that identify the owners of such lands and ment that exercises jurisdiction over the an Indian application to terminate the trust their interests and the number of owners of land; or status or to remove the restrictions on alien- such land on the date on which the lease or ‘‘(3) between individuals who own an inter- ation from trust or restricted land sold, ex- agreement involved is submitted to the Sec- est in trust and restricted land who wish to changed or otherwise conveyed under this retary under this section. convey that interest to an Indian or the trib- section, the Indian tribe that exercises juris- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in al government that exercises jurisdiction diction over the parcel of such land shall be subparagraph (A) shall be construed to au- over the parcel of land involved; notified of the application and given the op- thorize the Secretary to treat an Indian in a manner consistent with the policy of portunity to match the purchase price that tribe as the owner of an interest in allotted maintaining the trust status of allotted has been offered for the trust or restricted land that did not escheat to the tribe pursu- lands. Nothing in this section shall be con- land involved. ant to section 207 as a result of the Supreme strued to apply to or to authorize the sale of ‘‘SEC. 218. REPORTS TO CONGRESS. Court’s decision in Babbitt v. Youpee, (117 S trust or restricted lands to a person who is ‘‘(a) IN GENERAL.—Prior to expiration of Ct. 727 (1997)). not an Indian. ‘‘(c) AUTHORITY OF SECRETARY TO SIGN the authority provided for in section ‘‘(b) SALES, EXCHANGES AND GIFT DEEDS LEASE OR AGREEMENT ON BEHALF OF CERTAIN 213(a)(2)(A), the Secretary, after consultation BETWEEN INDIANS AND BETWEEN INDIANS AND OWNERS.—The Secretary may give written with Indian tribes and other interested par- INDIAN TRIBES.— consent to a lease or agreement under sub- ties, shall submit to the Committee on In- ‘‘(1) IN GENERAL.— section (a)— dian Affairs and the Committee on Energy ‘‘(A) ESTIMATE OF VALUE.—Notwith- ‘‘(1) on behalf of the individual Indian and Natural Resources of the Senate and the standing any other provision of law and only owner if the owner is deceased and the heirs Committee on Resources of the House of after the Indian selling, exchanging, or con- to, or devisees of, the interest of the de- Representatives a report that indicates, for veying by gift deed for no or nominal consid- ceased owner have not been determined; or the period covered by the report— eration an interest in land, has been pro- ‘‘(2) on behalf of any heir or devisee re- ‘‘(1) the number of fractional interests in vided with an estimate of the value of the in- ferred to in paragraph (1) if the heir or devi- trust or restricted lands acquired; and terest of the Indian pursuant to this sec- see has been determined but cannot be lo- ‘‘(2) the impact of the resulting reduction tion— cated ‘‘(i) the sale or exchange or conveyance of in the number of such fractional interests on ‘‘(d) EFFECT OF APPROVAL.— an interest in trust or restricted land may be the financial and realty recordkeeping sys- ‘‘(1) APPLICATION TO ALL PARTIES.— made for an amount that is less than the fair tems of the Bureau of Indian Affairs. ‘‘(A) IN GENERAL.—Subject to paragraph market value of that interest; and ‘‘(b) REPORT.—The reports described in (2), a lease or agreement approved by the ‘‘(ii) the approval of a transaction that is subsection (a) and section 213(a) shall con- Secretary under subsection (a) shall be bind- in compliance with this section shall not tain findings as to whether the program ing on the parties described in subparagraph constitute a breach of trust by the Sec- under this Act to acquire fractional interests (B), to the same extent as if all of the owners retary. in trust or restricted lands should be ex- of the undivided interest in allotted land ‘‘(B) WAIVER OF REQUIREMENT.—The re- tended and whether such program should be covered under the lease or agreement con- quirement for an estimate of value under altered to make resources available to In- sented to the lease or agreement. subparagraph (A) may be waived in writing dian tribes and individual Indian landowners. ‘‘(B) DESCRIPTION OF PARTIES.—The parties by an Indian selling, exchanging, or con- ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- referred to in subparagraph (A) are— veying by gift deed for no or nominal consid- WAY, AND SALES OF NATURAL RE- ‘‘(i) the owners of the undivided interest in eration an interest in land with an Indian SOURCES. the allotted land covered under the lease or person who is the owner’s spouse, brother, ‘‘(a) APPROVAL BY THE SECRETARY.— agreement referred to in such subparagraph; sister, lineal ancestor of Indian blood, lineal ‘‘(1) IN GENERAL.—Notwithstanding any and descendant, or collateral heir. other provision of law, the Secretary may ‘‘(ii) all other parties to the lease or agree- ‘‘(2) LIMITATION.—For a period of 5 years approve any lease or agreement that affects ment. after the Secretary approves a conveyance individually owned allotted land or any ‘‘(2) TRIBE NOT TREATED AS PARTY TO LEASE; pursuant to this subsection, the Secretary other land held in trust or restricted status NO EFFECT ON TRIBAL SOVEREIGNTY, IMMU- shall not approve an application to termi- by the Secretary on behalf of an Indian, if— NITY.— nate the trust status or remove the restric- ‘‘(A) the owners of not less than the appli- ‘‘(A) IN GENERAL.—Subparagraph (B) shall tions of such an interest. cable percentage (determined under sub- apply with respect to any undivided interest ‘‘(c) ACQUISITION OF INTEREST BY SEC- section (b)) of the undivided interest in the in allotted land held by the Secretary in RETARY.—An Indian, or the recognized tribal allotted land that is covered by the lease or trust for a tribe if a lease or agreement government of a reservation, in possession of agreement consent in writing to the lease or under subsection (a) is otherwise applicable an interest in trust or restricted lands, at agreement; and to such undivided interest by reason of this least a portion of which is in trust or re- ‘‘(B) the Secretary determines that approv- section even though the Indian tribe did not stricted status on the date of enactment of ing the lease or agreement is in the best in- the Indian Land Consolidation Act Amend- consent to the lease or agreement. terest of the owners of the undivided interest ‘‘(B) APPLICATION OF LEASE.—The lease or ments of 2000 and located within a reserva- in the allotted land. tion, may request that the interest be taken agreement described in subparagraph (A) ‘‘(2) RULE OF CONSTRUCTION.—Nothing in shall apply to the portion of the undivided into trust by the Secretary. Upon such a re- this section shall be construed to apply to quest, the Secretary shall forthwith take interest in allotted land described in such leases involving coal or uranium. paragraph (including entitlement of the In- such interest into trust. ‘‘(3) DEFINITION.—In this section, the term ‘‘(d) STATUS OF LANDS.—The sale, ex- dian tribe to payment under the lease or ‘allotted land’ includes any land held in change, or conveyance by gift deed for no or agreement), and the Indian tribe shall not be trust or restricted status by the Secretary nominal consideration of an interest in trust treated as being a party to the lease or on behalf of one or more Indians. or restricted land under this section shall agreement. Nothing in this section (or in the ‘‘(b) APPLICABLE PERCENTAGE.— not affect the status of that land as trust or lease or agreement) shall be construed to af- restricted land. ‘‘(1) PERCENTAGE INTEREST.—The applicable fect the sovereignty of the Indian tribe. ‘‘(e) LAND OWNERSHIP INFORMATION.—Not- percentage referred to in subsection (a)(1) ‘‘(e) DISTRIBUTION OF PROCEEDS.— withstanding any other provision of law, the shall be determined as follows: ‘‘(1) IN GENERAL.—The proceeds derived names and mailing addresses of the Indian ‘‘(A) If there are 5 or fewer owners of the from a lease or agreement that is approved owners of trust or restricted lands, and infor- undivided interest in the allotted land, the by the Secretary under subsection (a) shall mation on the location of the parcel and the applicable percentage shall be 100 percent. be distributed to all owners of undivided in- percentage of undivided interest owned by ‘‘(B) If there are more than 5 such owners, terest in the allotted land covered under the each individual, or of any interest in trust or but fewer than 11 such owners, the applicable lease or agreement. restricted lands, shall, upon written request, percentage shall be 80 percent. ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- be made available to— ‘‘(C) If there are more than 10 such owners, UTED.—The amount of the proceeds under ‘‘(1) other Indian owners of interests in but fewer than 20 such owners, the applicable paragraph (1) that are distributed to each trust or restricted lands within the same res- percentage shall be 60 percent. owner under that paragraph shall be deter- ervation; ‘‘(D) If there are 20 or more such owners, mined in accordance with the portion of the ‘‘(2) the tribe that exercises jurisdiction the applicable percentage shall be a majority undivided interest in the allotted land cov- over the land where the parcel is located or of the interests in the allotted land. ered under the lease or agreement that is any person who is eligible for membership in ‘‘(2) DETERMINATION OF OWNERS.— owned by that owner. that tribe; and ‘‘(A) IN GENERAL.—For purposes of this sub- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(3) prospective applicants for the leasing, section, in determining the number of own- this section shall be construed to amend or use, or consolidation of such trust or re- ers of, and their interests in, the undivided modify the provisions of Public Law 105-188 stricted land or the interest in trust or re- interest in the allotted land with respect to (25 U.S.C. 396 note), the American Indian Ag- stricted lands. a lease or agreement, the Secretary shall ricultural Resources Management Act (25 ‘‘(f) NOTICE TO INDIAN TRIBE.—After the ex- make such determination based on the U.S.C. 3701 et seq.), title II of the Indian piration of the limitation period provided for records of the Department of the Interior Land Consolidation Act Amendments of 2000,

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or any other Act that provides specific (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL- (i) an Indian tribe is the owner of a portion standards for the percentage of ownership in- LOTTED LAND.—The term ‘‘individually of an undivided interest in Navajo Indian al- terest that must approve a lease or agree- owned Navajo Indian allotted land’’ means lotted land; and ment on a specified reservation. Navajo Indian allotted land that is owned in (ii) an oil or gas lease or agreement under ‘‘SEC. 220. APPLICATION TO ALASKA. whole or in part by 1 or more individuals. paragraph (1) is otherwise applicable to such ‘‘(a) FINDINGS.—Congress find that— (3) NAVAJO INDIAN.—The term ‘‘Navajo In- portion by reason of this subsection even ‘‘(1) numerous academic and governmental dian’’ means a member of the Navajo Nation. though the Indian tribe did not consent to organizations have studied the nature and (4) NAVAJO INDIAN ALLOTTED LAND.—The the lease or agreement, extent of fractionated ownership of Indian term ‘‘Navajo Indian allotted land’’ means a then the lease or agreement shall apply to land outside of Alaska and have proposed so- single parcel of land that— such portion of the undivided interest (in- lutions to this problem; and (A) is located within the jurisdiction of the cluding entitlement of the Indian tribe to ‘‘(2) despite these studies, there has not Navajo Nation; and payment under the lease or agreement), but been a comparable effort to analyze the prob- (B)(i) is held in trust or restricted status the Indian tribe shall not be treated as a lem, if any, of fractionated ownership in by the United States for the benefit of Nav- party to the lease or agreement and nothing Alaska. ajo Indians or members of another Indian in this subsection (or in the lease or agree- ‘‘(b) APPLICATION OF ACT TO ALASKA.—Ex- tribe; and ment) shall be construed to affect the sov- cept as provided in this section, this Act (ii) was— ereignty of the Indian tribe. shall not apply to land located within Alas- (I) allotted to a Navajo Indian; or (5) DISTRIBUTION OF PROCEEDS.— ka. (II) taken into trust or restricted status by (A) IN GENERAL.—The proceeds derived ‘‘(c) RULE OF CONSTRUCTION.—Nothing in the United States for a Navajo Indian. from an oil or gas lease or agreement that is this section shall be construed to constitute (5) OWNER.—The term ‘‘owner’’ means, in approved by the Secretary under paragraph a ratification of any determination by any the case of any interest in land described in (1) shall be distributed to all owners of the agency, instrumentality, or court of the paragraph (4)(B)(i), the beneficial owner of undivided interest in the Navajo Indian al- United States that may support the asser- the interest. lotted land covered under the lease or agree- tion of tribal jurisdiction over allotment (6) SECRETARY.—The term ‘‘Secretary’’ ment. lands or interests in such land in Alaska.’’. means the Secretary of the Interior. (B) DETERMINATION OF AMOUNTS DISTRIB- SEC. 104. JUDICIAL REVIEW. UTED.—The amount of the proceeds under Notwithstanding section 207(g)(5) of the In- (b) APPROVAL BY THE SECRETARY.— subparagraph (A) distributed to each owner dian Land Consolidation Act (25 U.S.C. (1) IN GENERAL.—The Secretary may ap- under that subparagraph shall be determined 2206(f)(5)), after the Secretary of Interior pro- prove an oil or gas lease or agreement that in accordance with the portion of the undi- vides the certification required under section affects individually owned Navajo Indian al- vided interest in the Navajo Indian allotted 207(g)(4) of such Act, the owner of an interest lotted land, if— land covered under the lease or agreement in trust or restricted land may bring an ad- (A) the owners of not less than the applica- that is owned by that owner. ministrative action to challenge the applica- ble percentage (determined under paragraph f tion of such section 207 to the devise or de- (2)) of the undivided interest in the Navajo scent of his or her interest or interests in Indian allotted land that is covered by the RECOGNIZING HEROES PLAZA IN trust or restricted lands, and may seek judi- oil or gas lease or agreement consent in writ- THE CITY OF PUEBLO, COLORADO cial review of the final decision of the Sec- ing to the lease or agreement; and retary of Interior with respect to such chal- (B) the Secretary determines that approv- Mr. DEWINE. Mr. President, I ask lenge. ing the lease or agreement is in the best in- unanimous consent that the Armed SEC. 105. AUTHORIZATION OF APPROPRIATIONS. terest of the owners of the undivided interest Services Committee be discharged from There are authorized to be appropriated in the Navajo Indian allotted land. further consideration of H. Con. Res. not to exceed $8,000,000 for fiscal year 2001 (2) PERCENTAGE INTEREST.—The applicable 351, and the Senate then proceed to its and each subsequent fiscal year to carry out percentage referred to in paragraph (1)(A) immediate consideration. the provisions of this title (and the amend- shall be determined as follows: The PRESIDING OFFICER. Without (A) If there are 10 or fewer owners of the ments made by this title) that are not other- objection, it is so ordered. The clerk wise funded under the authority provided for undivided interest in the Navajo Indian al- in any other provision of Federal law. lotted land, the applicable percentage shall will report the resolution by title. SEC. 106. CONFORMING AMENDMENTS. be 100 percent. The legislative clerk read as follows: (a) PATENTS HELD IN TRUST.—The Act of (B) If there are more than 10 such owners, A concurrent resolution (H. Con. Res. 351) February 8, 1887 (24 Stat. 388) is amended— but fewer than 51 such owners, the applicable recognizing Heroes Plaza in the City of Pueb- (1) by repealing sections 1, 2, and 3 (25 percentage shall be 80 percent. lo, Colorado, as honoring recipients of the U.S.C. 331, 332, and 333); and (C) If there are 51 or more such owners, the Medal of Honor. (2) in the second proviso of section 5 (25 applicable percentage shall be 60 percent. There being no objection, the Senate U.S.C. 348)— (3) AUTHORITY OF SECRETARY TO SIGN LEASE proceeded to consider the concurrent (A) by striking ‘‘and partition’’; and OR AGREEMENT ON BEHALF OF CERTAIN OWN- resolution. (B) by striking ‘‘except’’ and inserting ‘‘ex- ERS.—The Secretary may give written con- cept as provided by the Indian Land Consoli- sent to an oil or gas lease or agreement Mr. DEWINE. Mr. President, I ask dation Act or a tribal probate code approved under paragraph (1) on behalf of an indi- unanimous consent that the concur- under such Act and except’’. vidual Indian owner if— rent resolution be agreed to, the pre- (b) ASCERTAINMENT OF HEIRS AND DISPOSAL (A) the owner is deceased and the heirs to, amble be agreed to, the motion to re- OF ALLOTMENTS.—The Act of June 25, 1910 (36 or devisees of, the interest of the deceased consider be laid upon the table, and fi- Stat. 855) is amended— owner have not been determined; or nally that any statements relating to (1) in the first sentence of section 1 (25 (B) the heirs or devisees referred to in sub- the resolution be printed in the U.S.C. 372), by striking ‘‘under’’ and insert- paragraph (A) have been determined, but 1 or RECORD. ing ‘‘under the Indian Land Consolidation more of the heirs or devisees cannot be lo- Act or a tribal probate code approved under cated. The PRESIDING OFFICER. Without such Act and pursuant to’’; and (4) EFFECT OF APPROVAL.— objection, it is so ordered. (2) in the first sentence of section 2 (25 (A) APPLICATION TO ALL PARTIES.— f U.S.C. 373), by striking ‘‘with regulations’’ (i) IN GENERAL.—Subject to subparagraph and inserting ‘‘with the Indian Land Consoli- (B), an oil or gas lease or agreement ap- AUTHORITY FOR UNITED STATES dation Act or a tribal probate code approved proved by the Secretary under paragraph (1) POSTAL SERVICE TO ISSUE under such Act and regulations’’. shall be binding on the parties described in SEMIPOSTALS (c) TRANSFER OF LANDS.—Section 4 of the clause (ii), to the same extent as if all of the Mr. DEWINE. Mr. President, I ask Act of June 18, 1934 (25 U.S.C. 464) is amended owners of the undivided interest in Navajo by striking ‘‘member or:’’ and inserting Indian allotted land covered under the lease unanimous consent that the Senate ‘‘member or, except as provided by the In- or agreement consented to the lease or now proceed to the consideration of dian Land Consolidation Act,’’. agreement. H.R. 4437, which is at the desk. TITLE II—LEASES OF NAVAJO INDIAN (ii) DESCRIPTION OF PARTIES.—The parties The PRESIDING OFFICER. The ALLOTTED LANDS referred to in clause (i) are— clerk will report the bill by title. SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED (I) the owners of the undivided interest in The legislative clerk read as follows: LANDS. the Navajo Indian allotted land covered A bill (H.R. 4437) to grant to the United (a) DEFINITIONS.—In this section: under the lease or agreement referred to in States Postal Service the authority to issue (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ clause (i); and semipostals, and for other purposes. has the meaning given the term in section (II) all other parties to the lease or agree- 4(e) of the Indian Self-Determination and ment. There being no objection, the Senate Education Assistance Act (25 U.S.C. 450b(e)). (B) EFFECT ON INDIAN TRIBE.—If— proceeded to consider the bill.

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7715 Mr. DEWINE. Mr. President, I ask INDIAN TRIBAL PURCHASES OF PRESCRIPTION SEC. 2. FUGITIVE APPREHENSION TASK FORCES. unanimous consent that the bill be DRUGS IN SELF GOVERNANCE (a) IN GENERAL.—The Attorney General shall, read the third time and passed, the mo- Mr. HELMS. Mr. President, it would upon consultation with appropriate Department tion to reconsider be laid upon the be helpful to get a clarification for the of Justice and Department of the Treasury law enforcement components, establish permanent table, and that any statements relating RECORD from the manager of H.R. 1167, the distinguished Chairman of the Sen- Fugitive Apprehension Task Forces consisting of to the bill be printed in the RECORD. Federal, State, and local law enforcement au- The PRESIDING OFFICER. Without ate Committee on Indian Affairs. I un- thorities in designated regions of the United objection, it is so ordered. derstand that H.R. 1167, the bill to States, to be directed and coordinated by the The bill (H.R. 4437) was read the third amend the Indian Self-Determination United States Marshals Service, for the purpose time and passed. and Education Assistance Act to pro- of locating and apprehending fugitives. (b) AUTHORIZATION OF APPROPRIATIONS.— f vide for further self-governance by In- dian tribes, contains a provision that There are authorized to be appropriated to the INDIAN SELF-DETERMINATION would allow Indian tribes to purchase United States Marshal Service to carry out the AND EDUCATION ASSISTANCE ACT prescription drugs from the Federal provisions of this section $30,000,000 for the fis- cal year 2001, $5,000,000 for fiscal year 2002, and Mr. DEWINE. Mr. President, I ask Supply Schedule for the purpose of pro- $5,000,000 for fiscal year 2003. unanimous consent that the Chair lay viding health services to Indians under (c) OTHER EXISTING APPLICABLE LAW.—Noth- before the Senate a message from the contract with the Indian Health Serv- ing in this section shall be construed to limit House to accompany H.R. 1167. ice. any existing authority under any other provi- There being no objection, the Pre- Mr. CAMPBELL. I would be glad to sion of Federal or State law for law enforcement siding Officer laid before the Senate clarify this matter for the distin- agencies to locate or apprehend fugitives the following message from the House guished Senator from North Carolina. through task forces or any other means. of Representatives: Your understanding is correct. SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPRE- HEND FUGITIVES. Resolved, That the House agree to the Mr. HELMS. I thank the able Sen- amendment of the Senate to the bill (H.R. ator. Moreover, I understand that the (a) IN GENERAL.—Chapter 49 of title 18, 1167) entitled ‘‘An Act to amend the Indian committee intends that the prescrip- United States Code, is amended by adding at the end the following: Self-Determination and Education Assist- tion drugs purchased off the Federal ance Act to provide for further self-govern- Supply Schedule can only be used for ‘‘§ 1075. Administrative subpoenas to appre- ance by Indian tribes, and for other pur- Indians whose health care is provided hend fugitives poses’’, with the following amendments: by the tribe, and cannot be purchased ‘‘(a) DEFINITIONS.—In this section: Ω1æPage 14, line 12, strike ø(or of such other ‘‘(1) FUGITIVE.—The term ‘fugitive’ means a agency)¿. or used for resale, nor may they be dis- person who— Ω2æPage 15, line 1, after ‘‘functions’’ insert: so pensed to non-Indian employees of a ‘‘(A) having been accused by complaint, infor- Ω3æPage 19, line 4, after ‘‘section 106’’ insert: tribe. Is that correct, Mr. Chairman? mation, or indictment under Federal law or hav- other provisions of law, Mr. CAMPBELL. It is the Commit- ing been convicted of committing a felony under Ω4æPage 20, line 6, strike ø305¿ and insert: 505 tee’s intent that prescription drugs Federal law, flees or attempts to flee from or Ω æ ø ¿ 5 Page 31, line 23, strike may and insert: purchased off the Federal Supply evades or attempts to evade the jurisdiction of is authorized to the court with jurisdiction over the felony; Ω6æPage 39, strike lines 7 through 14, and in- Schedule, as authorized under H.R. 1167, are for the exclusive use of tribal ‘‘(B) having been accused by complaint, infor- sert the following: mation, or indictment under State law or having ‘‘ ‘(g) WAGES.—All laborers and mechanics em- members, not for non-Indian employees been convicted of committing a felony under ployed by contractors and subcontractors (ex- of a tribe. Furthermore, it is the intent State law, flees or attempts to flee from, or cluding tribes and tribal organizations) in the of the committee that prescription evades or attempts to evade, the jurisdiction of construction, alteration, or repair, including drugs purchased through access to the the court with jurisdiction over the felony; painting or decorating of a building or other fa- Federal Supply Schedule by tribes are ‘‘(C) escapes from lawful Federal or State cus- cilities in connection with construction projects not to be resold. tody after having been accused by complaint, funded by the United States under this Act shall Mr. DEWINE. Mr. President, I ask information, or indictment or having been con- be paid wages at not less than those prevailing victed of committing a felony under Federal or wages on similar construction in the locality as unanimous consent that the Senate agree to the amendments of the House. State law; or determined by the Secretary of Labor in accord- ‘‘(D) is in violation of subparagraph (2) or (3) ance with the Davis-Bacon Act of March 3, 1931 The PRESIDING OFFICER. Without objection, it is so ordered. of the first undesignated paragraph of section (46 Stat. 1494). With respect to construction al- 1073. teration, or repair work to which the Act of f ‘‘(2) INVESTIGATION.—The term ‘investigation’ March 3, 1931, is applicable under this section, means, with respect to a State fugitive described the Secretary of Labor shall have the authority FUGITIVE APPREHENSION ACT OF 2000 in subparagraph (B) or (C) of paragraph (1), an and functions set forth in the Reorganization investigation in which there is reason to believe Plan numbered 14, of 1950, and section 2 of the Mr. DEWINE. Mr. President, I ask that the fugitive fled from or evaded, or at- Act of June 13, 1934 (48 Stat. 948).’’. unanimous consent that the Senate tempted to flee from or evade, the jurisdiction of Ω7æPage 39, strike line 24 and all that follows the court, or escaped from custody, in or affect- through page 40, line 6, and insert the fol- now proceed to the consideration of ing, or using any facility of, interstate or for- lowing: Calendar No. 695, S. 2516. eign commerce, or as to whom an appropriate ‘‘ ‘Regarding construction programs or The PRESIDING OFFICER. The law enforcement officer or official of a State or projects, the Secretary and Indian tribes may clerk will report the bill by title. political subdivision has requested the Attorney negotiate for the inclusion of specific provisions The legislative clerk read as follows: General to assist in the investigation, and the of the Office of Federal Procurement and Policy A bill (S. 2516) to fund task forces to locate Attorney General finds that the particular cir- Act (41 U.S.C. 401 et seq.) and Federal acquisi- and apprehend fugitives in Federal, State cumstances of the request give rise to a Federal tion regulations in any funding agreement en- and local felony criminal cases and give ad- interest sufficient for the exercise of Federal ju- tered into under this part. Absent a negotiated ministrative subpoena authority to the risdiction pursuant to section 1075. agreement, such provisions and regulatory re- United States Marshals Service, and for ‘‘(3) STATE.—The term ‘State’ means a State of quirements shall not apply.’’. other purposes. Ω æ the United States, the District of Colombia, and 8 Page 41, line 1, insert a comma after ‘‘Ex- There being no objection, the Senate ecutive orders’’. any commonwealth, territory, or possession of Ω9æPage 49, strike lines 4 through 10. proceeded to consider the bill which the United States. Ω10æPage 56, beginning on line 21, strike øfor had been reported from the Committee ‘‘(b) SUBPOENAS AND WITNESSES.— fiscal years 2000 and 2001¿. on the Judiciary, with an amendment, ‘‘(1) SUBPOENAS.—In any investigation with Ω11æPage 60, line 6, strike ø(a) IN GENERAL.— as follows: respect to the apprehension of a fugitive, the At- ¿. (Strike out all after the enacting torney General may subpoena witnesses for the Ω12æPage 60, strike lines 9 and 10. clause and insert the part printed in purpose of the production of any records (in- Ω13æPage 60, strike line 16 and all that fol- cluding books, papers, documents, electronic lows through page 65, line 16. italic) data, and other tangible and intangible items Ω14æPage 65, line 17, strike øSEC. 13.¿ and in- S. 2516 that constitute or contain evidence) that the At- sert: SEC. 12. Be it enacted by the Senate and House of Rep- torney General finds, based on articulable facts, Ω15æPage 66, after line 7, insert the following: resentatives of the United States of America in are relevant to discerning the whereabouts of ‘‘SEC. 13. EFFECTIVE DATE. Congress assembled, the fugitive. A subpoena under this subsection ‘‘Except as otherwise provided, the provisions SECTION 1. SHORT TITLE. shall describe the records or items required to be of this Act shall take effect on the date of the This Act may be cited as the ‘‘Fugitive Appre- produced and prescribe a return date within a enactment of this Act.’’. hension Act of 2000’’. reasonable period of time within which the

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records or items can be assembled and made ‘‘(2) REVIEW.—The guidelines required by this (5) recommendations from the Attorney Gen- available. subsection shall mandate that administrative eral regarding necessary steps to ensure that ad- ‘‘(2) WITNESSES.—The attendance of witnesses subpoenas may be issued only after review and ministrative subpoena power is used and en- and the production of records may be required approval of senior supervisory personnel within forced consistently and fairly by executive from any place in any State or other place sub- the respective investigative agency or component branch agencies. ject to the jurisdiction of the United States at of the Department of Justice. AMENDMENT NO. 4020 any designated place where the witness was ‘‘(g) DELAYED NOTICE.— Mr. DEWINE. Mr. President, I send served with a subpoena, except that a witness ‘‘(1) IN GENERAL.—Where an administrative shall not be required to appear more than 500 subpoena is issued under this section to a pro- an amendment to the desk on behalf of miles distant from the place where the witness vider of electronic communication service (as de- Senators THURMOND, BIDEN, and LEAHY. was served. Witnesses summoned under this sec- fined in section 2510 of this title) or remote com- The PRESIDING OFFICER. The tion shall be paid the same fees and mileage that puting service (as defined in section 2711 of this clerk will report. are paid witnesses in the courts of the United title), the Attorney General may— The legislative clerk read as follows: States. ‘‘(A) in accordance with section 2705(a) of this The Senator from Ohio (Mr. DEWINE) for ‘‘(c) SERVICE.— title, delay notification to the subscriber or cus- Mr. THURMOND, Mr. BIDEN, and Mr. LEAHY, ‘‘(1) AGENT.—A subpoena issued under this tomer to whom the record pertains; and proposes an amendment numbered 4020. section may be served by any person designated ‘‘(B) apply to a court, in accordance with sec- The amendment is as follows: in the subpoena as the agent of service. tion 2705(b) of this title, for an order com- ‘‘(2) NATURAL PERSON.—Service upon a nat- manding the provider of electronic communica- (Purpose: To impose nondisclosure ural person may be made by personal delivery of tion service or remote computing service not to requirements, and for other purposes) the subpoena to that person or by certified mail notify any other person of the existence of the On page 14, beginning with line 21, strike with return receipt requested. subpoena or court order. through page 15, line 20 and insert the fol- ‘‘(3) CORPORATION.—Service may be made ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If a lowing: upon a domestic or foreign corporation or upon subpoena is issued under this section to a finan- ‘‘(3) NONDISCLOSURE REQUIREMENTS.— a partnership or other unincorporated associa- cial institution for financial records of any cus- ‘‘(A) IN GENERAL.—Except as provided in tion that is subject to suit under a common tomer of such institution, the Attorney General paragraphs (1) and (2), the Attorney General name, by delivering the subpoena to an officer, may apply to a court under section 1109 of the may apply to a court for an order requiring to a managing or general agent, or to any other Right to Financial Privacy Act of 1978 (12 the party to whom an administrative sub- agent authorized by appointment or by law to U.S.C. 3409) for an order to delay customer no- poena is directed to refrain from notifying receive service of process. tice as otherwise required. any other party of the existence of the sub- ‘‘(4) AFFIDAVIT.—The affidavit of the person ‘‘(3) NONDISCLOSURE REQUIREMENTS.— poena or court order for such period as the serving the subpoena entered on a true copy ‘‘(A) IN GENERAL.—Except as otherwise pro- court deems appropriate. thereof by the person serving it shall be proof of vided in paragraphs (1) and (2), the Attorney ‘‘(B) ORDER.—The court shall enter such service. General may require the party to whom an ad- order if it determines that there is reason to ‘‘(d) CONTUMACY OR REFUSAL.— ministrative subpoena is directed to refrain from believe that notification of the existence of ‘‘(1) IN GENERAL.—In the case of the contu- notifying any other party of the existence of the the administrative subpoena will result in— macy by or refusal to obey a subpoena issued to subpoena for 30 days. ‘‘(i) endangering the life or physical safety any person, the Attorney General may invoke ‘‘(B) EXTENSION.—The Attorney General may of an individual; the aid of any court of the United States within apply to a court for an order extending the time ‘‘(ii) flight from prosecution; the jurisdiction of which the investigation is for such period as the court deems appropriate. ‘‘(iii) destruction of or tampering with evi- carried on or of which the subpoenaed person is ‘‘(C) CRITERIA FOR EXTENSION.—The court dence; an inhabitant, or in which he carries on busi- shall enter an order under subparagraph (B) if ‘‘(iv) intimidation of potential witnesses; ness or may be found, to compel compliance it determines that there is reason to believe that or with the subpoena. The court may issue an notification of the existence of the administra- ‘‘(v) otherwise seriously jeopardizing an in- order requiring the subpoenaed person to appear tive subpoena will result in— vestigation or undue delay of a trial. before the Attorney General to produce records ‘‘(i) endangering the life or physical safety of On page 16, line 9 insert ‘‘, in consultation if so ordered. an individual; with the Secretary of the Treasury,’’ after ‘‘(2) CONTEMPT.—Any failure to obey the ‘‘(ii) flight from prosecution; ‘‘eral’’. order of the court may be punishable by the ‘‘(iii) destruction of or tampering with evi- Mr. THURMOND. Mr. President, I am court as contempt thereof. dence; ‘‘(3) PROCESS.—All process in any case to en- very pleased that tonight the Senate is ‘‘(iv) intimidation of potential witnesses; or considering S. 2516, the Fugitive Appre- force an order under this subsection may be ‘‘(v) otherwise seriously jeopardizing an inves- served in any judicial district in which the per- tigation or undue delay in trial. hension Act. Senator BIDEN and I intro- son may be found. ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any duced this important legislation to ‘‘(4) RIGHTS OF SUBPOENA RECIPIENT.—Not person, including officers, agents, and employ- help address the serious threat of fed- later than 20 days after the date of service of an ees, who in good faith produce the records or eral and state fugitives. The need for it administrative subpoena under this section items requested in a subpoena shall not be liable was clearly demonstrated in a hearing upon any person, or at any time before the re- in any court of any State or the United States I held on this matter last month in my turn date specified in the subpoena, whichever to any customer or other person for such pro- period is shorter, such person may file, in the subcommittee. duction or for nondisclosure of that production The number of wanted persons is district within which such person resides, is to the customer, in compliance with the terms of found, or transacts business, a petition to mod- a court order for nondisclosure.’’. truly alarming. There are over 38,000 ify or quash such subpoena on grounds that— (b) TECHNICAL AND CONFORMING AMEND- felony warrants outstanding in federal ‘‘(A) the terms of the subpoena are unreason- MENT.—The analysis for chapter 49 of title 18, cases. There are over one-half million able or unnecessary; United States Code, is amended by adding at the felony or other serious fugitives listed ‘‘(B) the subpoena fails to meet the require- end the following: in the National Crime Information ments of this section; or ‘‘(C) the subpoena violates the constitutional ‘‘1075. Administrative subpoenas to apprehend Center database. Yet, this is far less rights or any other legal rights or privilege of fugitives.’’. than the actual number of dangerous the subpoenaed party. SEC. 4. STUDY AND REPORT OF THE USE OF AD- fugitives roaming the streets because ‘‘(e) REPORT.— MINISTRATIVE SUBPOENAS. many states do not put all dangerous ‘‘(1) IN GENERAL.—The Attorney General shall Not later than December 31, 2001, the Attorney wanted persons into the database. As report in January of each year to the Commit- General shall complete a study on the use of ad- recently reported in the Washington ministrative subpoena power by executive tees on the Judiciary of the Senate and the Post, California has 2.5 million House of Representatives on the number of ad- branch agencies or entities and shall report the ministrative subpoenas issued under this sec- findings to the Committees on the Judiciary of unserved felony and misdemeanor war- tion, whether each matter involved a fugitive the Senate and the House of Representatives. rants, and Baltimore has 61,000. from Federal or State charges, and identifica- Such report shall include— While violent crime in the United tion of the agency or component of the Depart- (1) a description of the sources of administra- States has been decreasing in recent ment of Justice issuing the subpoena and impos- tive subpoena power and the scope of such sub- years, the number of serious fugitives ing the charges. poena power within executive branch agencies; has been climbing. The number of ‘‘(2) EXPIRATION.—The reporting requirement (2) a description of applicable subpoena en- N.C.I.C. fugitives has doubled since of this subsection shall terminate in 3 years forcement mechanisms; 1987, and continues to rise steadily after the date of enactment of this section. (3) a description of any notification provisions ‘‘(f) GUIDELINES.— and any other provisions relating to safe- each year. ‘‘(1) IN GENERAL.—The Attorney General shall guarding privacy interests; Fugitives represent not only an out- issue guidelines governing the issuance of ad- (4) a description of the standards governing rage to the rule of law, they are also a ministrative subpoenas pursuant to this section. the issuance of administrative subpoenas; and serious threat to public safety. Many of

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7717 them continue to commit additional General may subpoena witnesses for the pro- BIDEN for their leadership on this issue crimes while they roam undetected. duction of records the Attorney General and am glad we were able to make a The bill would provide $40 million finds, based on articulable facts, are relevant number of changes to the bill to ensure dollars over three years for the Mar- to discerning the whereabouts of a fugitive. that the authority granted is con- A subpoena must describe the records or shals Service to form fugitive task items required to be produced and prescribe sistent with privacy and other appro- forces with state and local authorities. a return date within a reasonable period of priate safeguards. The Marshals Service is the lead fed- time within which the records or items can As a former prosecutor, I am well eral agency regarding this matter. be assembled and made available. Witnesses aware that fugitives from justice are Task forces combine the expertise of may not be required to travel more than 500 an important problem and that their the Marshals Service in these special- miles from the place of service of the sub- capture is an essential function of law ized investigations with the knowledge poena, and must be paid the same fees and enforcement. According to the FBI, that local law enforcement has about mileage paid witnesses in United States nearly 550,000 people are currently fugi- courts. tives from justice on federal, state, and their communities. This teamwork Section 1075(c) provides for methods of helps authorities prioritize and appre- service of a subpoena under this section. local felony charges combined. This hend large numbers of dangerous crimi- Section 1075(d) empowers courts to enforce means that there are almost as many nals. subpoenas issued under this section. Sub- fugitive felons as there are citizens re- The legislation would also provide poena recipients may move to modify or siding in my home state of Vermont. administrative subpoena authority, quash an administrative subpoena within 20 The fact that we have more than one which would allow investigators to days of service of the subpoena, or prior to half million fugitives from justice, a track down leads about wanted persons the return date, whichever period is shorter, significant portion of whom are con- on specified grounds. victed felons in violation of probation faster and more efficiently. Currently, Section 1075(e) provides that the Attorney the time it takes to get vital informa- General must issue a report to the Congress or parole, who have been able to flaunt tion, such as telephone or apartment about the use of this section, for the first courts order and avoid arrest, breeds rental records, through a formal court three years following enactment of the stat- disrespect for our laws and poses unde- order can make the difference between ute. niable risks to the safety of our citi- whether a fugitive is apprehended or Section 1075(f) provides that the Attorney zens. remains on the run. General shall issue guidelines governing the Our federal law enforcement agencies This bill has been endorsed by var- issuance of administrative subpoenas aimed should be commended for the job they at the apprehension of fugitives as author- ious law enforcement organizations, in- have been doing to date on capturing ized by this section. The guidelines shall federal fugitives and helping the states cluding the National Sheriffs Associa- mandate that no such subpoenas issue absent tion, the Fraternal Order of Police, and review and approval of senior supervisory and local communities bring their fugi- the National Association of Police Or- personnel within the respective investigative tives to justice. The U.S. Marshals ganizations, and the subpoena author- agency or component of the Department of Service, our oldest law enforcement ity is supported by the Administration. Justice. agency, has arrested over 120,000 fed- This is an important step that we can Section 1075(g) provides that administra- eral, state and local fugitives in the take to help federal and state law en- tive subpoenas issued to a provider of elec- past four years, including more federal tronic communication service (as defined in forcement address the serious fugitive fugitives than all the other federal 18 U.S.C. § 2510) or remote computing service agencies combined. In prior years, the threat that exists in our country. (as defined in 18 U.S.C. § 2711) may include I ask consent to have printed in the delayed notification and nondisclosure provi- Marshals Service spearheaded special RECORD a section-by-section analysis of sions consistent with 18 U.S.C. § 2705. Para- fugitive apprehension task forces, the bill. graph (g) further provides that subpoenas called FIST Operations, that targeted There being no objection, the anal- issued under this section for financial fugitives in particular areas and was ysis was ordered to be printed in the records are subject to the Attorney General’s singularly successful in arresting over power to request a delayed customer notice RECORD, as follows: 34,000 fugitive felons. pursuant to 12 U.S.C. § 3409. Administrative Similarly, the FBI has established SECTION-BY-SECTION ANALYSIS subpoenas issued pursuant to this section twenty-four Safe Streets Task Forces Section 1. Short title should be governed, where appropriate, by 18 exclusively focused on apprehending U.S.C. § 2705 and 12 U.S.C. § 3409. Otherwise, The title is the ‘‘Fugitive Apprehension fugitives in cities around the country. Act of 2000.’’ the Attorney General may apply for a court order imposing a non-disclosure period for Over the period of 1995 to 1999, the Section 2. Fugitive apprehension task forces specified reasons. FBI’s efforts have resulted in the ar- The purpose of this provision is to assist Section 1075(h) provides that good faith rest of a total of 65,359 state fugitives. Federal, state and local law enforcement au- compliance with a subpoena issued under Nevertheless, the number of out- thorities by forming multi-agency task this section, and good faith compliance with standing fugitives is too large. The forces around the country to locate and ap- a nondisclosure order under this provision prehend fugitives wanted by their jurisdic- substitute amendment we consider (whether incorporated in a subpoena by the today will help make a difference by tions. Attorney General or separately ordered by a The bill would authorize to be appropriated court), will be immunized from civil liability providing new but limited administra- to the U.S. Marshals Service $40 million dol- in state and federal courts. tive subpoena authority to the Depart- lars over three years to establish new, per- Section 4. Study and report of the use of admin- ment of Justice to obtain documentary manent Fugitive Apprehension Task Forces istrative subpoenas evidence helpful in tracking down fugi- and supplement the efforts of task forces al- This section requires the Attorney Gen- tives and by authorizing the Attorney ready operating in areas throughout the General to establish fugitive task United States. The Fugitive Apprehension eral, in consultation with the Secretary of Task Forces would be totally dedicated to lo- the Treasury, to complete a study of the use forces. cating and apprehending fugitives under the of administrative subpoena power, and re- ‘‘Administrative subpoena’’ is the direction of a National Director and not port to the Congress by December 31, 2001. term generally used to refer to a de- under a specific District to insure that they Mr. LEAHY. Mr. President, I am mand for documents or testimony by are not utilized for other Marshals Service pleased that the Senate is passing S. an investigative entity or regulatory missions. 2516, ‘‘The Fugitive Apprehension Act agency that is empowered to issue the Section 3. Administrative subpoena authority of 2000.’’ subpoena independently and without This section of the bill creates a new sec- During Senate Judiciary Committee the approval of any grand jury, court tion 1075 in Title 18, United States Code, pro- consideration of this legislation, we or other judicial entity. I am generally viding for administrative subpoena authority were able to reconcile in the Thur- skeptical of administrative subpoena to ascertain the whereabouts of fugitives. mond-Biden-Leahy substitute amend- power. Administrative subpoenas avoid Section 1075(a) contains various definitions ment to S. 2516, the significant dif- the strict grand jury secrecy rules and for ‘‘fugitive,’’ ‘‘investigation,’’ and ‘‘state,’’ ferences between that bill, as intro- the documents provided in response to that delimit the scope of the section’s opera- tive provisions. duced, and S. 2761, ‘‘The Capturing such subpoenas are, therefore, subject Section 1075(b) provides for the issuance of Criminals Act,’’ which I introduced to broader dissemination. Moreover, administrative subpoenas in investigations with Senator KOHL on June 21, 2000. I since investigative agents issue such as defined in section 1075(a). The Attorney commend Senators THURMOND and subpoenas directly, without review by

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As set forth in the Eighth, the original S. 2516 did not forcement may not use grand jury sub- Capturing Criminals Act, this sub- address the issue that a variety of ad- poenas since, by the time a person is a stitute amendment would allow a per- ministrative subpoena authorities exist fugitive, the grand jury phase of an in- son who is served with an administra- in multiple forms in every agency. The vestigation is usually over. Use of tive subpoena to petition a court to substitute amendment incorporates grand jury subpoenas to obtain phone modify or set aside the subpoena on from the Capturing Criminals Act a re- or bank records to track down a fugi- grounds that compliance would be ‘‘un- quirement that the Attorney General tive would be an abuse of the grand reasonable or oppressive’’ (a standard provide a report on this issue. jury. Trial subpoenas may also not be used in Fed. R. Crim. P. 17 for trial Finally, as introduced, S. 2516 au- used, either because the fugitive is al- subpoenas) or would violate constitu- thorized the U.S. Marshal Service to ready convicted or no trial may take tional or other legal rights of the per- establish permanent Fugitive Appre- place without the fugitive. son. hension Task Forces. By contrast, the This inability to use trial and grand Fourth, the original S. 2516 did not substitute amendment would authorize jury subpoenas for fugitive investiga- provide, or set forth a procedure, for tions creates a gap in law enforcement $40,000,000 over three years for the At- the government to command a custo- torney General to establish multi- procedures. Law enforcement partially dian of records not to disclose or to fills this gap by using the All Writs agencytask forces (which will be co- delay notice to a customer about the Act, 28 U.S.C. § 1651(a), which author- ordinated by the Director of the Mar- existence of the subpoena. This is par- izes federal courts to ‘‘issue all writs shals Service) in consultation with the ticularly critical in fugitive investiga- necessary or appropriate in aid of their Secretary of the Treasury and the tions when law enforcement does not respective jurisdictions and agreeable States, so that the Secret Service, want to alert the fugitive that the po- to the usages and principles of law.’’ BATF, the FBI and the States are able lice are on his/her trail. The substitute The procedures, however, for obtaining to participate in the Task Forces to amendment incorporates from the Cap- orders under this Act, and the scope find their fugitives. turing Criminals Act the express au- and non-disclosure terms of such or- This Thurmond-Biden-Leahy sub- ders, vary between jurisdictions. thority for law enforcement to apply stitute amendment makes necessary Thus, authorizing administrative for a court order directing the custo- changes to this bill that will help law subpoena power will help bridge the dian of records to delay notice to sub- enforcement—with increased resources gap in fugitive investigations to allow scribers of the existence of the sub- for regional fugitive apprehension task federal law enforcement agencies to ob- poena on the same terms applicable in forces and administrative subpoena au- tain records useful for tracking a fugi- current law to other subpoenas issued thority—bring to justice both federal tive’s whereabouts. to phone companies and other elec- and state fugitives who, by their con- The Thurmond-Biden-Leahy sub- tronic service providers and to banks. duct, have demonstrated a lack of re- stitute amendment incorporates a Fifth, the original S. 2516 did not pro- spect for our nation’s criminal justice number of provisions from the Leahy- vide any immunity from civil liability system. Kohl ‘‘Capturing Criminals Act’’ and for persons complying with administra- Mr. DEWINE. Mr. President, I ask makes significant and positive modi- tive subpoenas in fugitive investiga- unanimous consent the amendment be fications to the original version of S. tions. As in the Capturing Criminals agreed to, the committee substitute 2516. First, as introduced, S. 2516 would Act, the substitute amendment would amendment, as amended, agreed to, the have limited use of an administrative provide immunity from civil liability bill be read the third time and passed, subpoena to those fugitives who have for good faith compliance with an ad- the motion to reconsider be laid upon been ‘‘indicted,’’ and failed to address ministrative subpoena, including non- the table, and that any statements re- the fact that fugitives flee after arrest disclosure in compliance with the lating to the bill be printed in the on the basis of a ‘‘complaint’’ and may terms of a court order. RECORD. flee after the prosecutor has filed an Sixth, S. 2516, as introduced, would The PRESIDING OFFICER. Without ‘‘information’’ in lieu of an indictment. have authorized use of an administra- objection, it is so ordered. The substitute amendment, by con- tive subpoena upon a finding by the At- The amendment (No. 4020) was agreed trast, would allow use of such sub- torney General that the documents are to. poenas to track fugitives who have ‘‘relevant and material,’’ which is fur- The committee amendment in the been accused in a ‘‘complaint, informa- ther defined to mean that ‘‘there are nature of a substitute, as amended, was tion or indictment.’’ articulable facts that show the fugi- agreed to. Second, S. 2516, as introduced, would tive’s whereabouts may be discerned The bill (S. 2516), as amended, was have required the U.S. Marshal Service from the records sought.’’ Changing passed. the standard for issuance of a subpoena to report quarterly to the Attorney S. 2516 General (who must transmit the report from ‘‘relevancy’’ to a hybrid of ‘‘rel- to Congress) on use of the administra- evant and material’’ sets a confusing Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tive subpoenas. While a reporting re- and bad precedent. Accordingly, the Congress assembled, substitute amendment would authorize quirement is useful, the requirement as SECTION 1. SHORT TITLE. described in the original S. 2516 was issuance of an administrative subpoena This Act may be cited as the ‘‘Fugitive Ap- overly burdensome and insufficiently for documents if the Attorney General prehension Act of 2000’’. specific. The substitute amendment, as finds based upon articulable facts that SEC. 2. FUGITIVE APPREHENSION TASK FORCES. in the Capturing Criminals Act, would they are relevant to discerning the fu- (a) IN GENERAL.—The Attorney General require the Attorney General to report gitive’s whereabouts. shall, upon consultation with appropriate for the next three years to the Judici- Seventh, the original S. 2516 author- Department of Justice and Department of ary Committees of both the House and ized the Attorney General to issue the Treasury law enforcement components, Senate with the following information guidelines delegating authority for establish permanent Fugitive Apprehension about the use of administrative sub- issuance of administrative subpoenas Task Forces consisting of Federal, State, poenas in fugitive investigations: the only to the Director of the U.S. Mar- and local law enforcement authorities in des- number issued, by which agency, iden- shals Service, despite the fact that the ignated regions of the United States, to be directed and coordinated by the United tification of the charges on which the FBI, and the Drug Enforcement Admin- States Marshals Service, for the purpose of fugitive was wanted and whether the istration also want this authority to locating and apprehending fugitives. fugitive was wanted on federal or state find fugitives on charges over which (b) AUTHORIZATION OF APPROPRIATIONS.— charges. they have investigative authority. The There are authorized to be appropriated to

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the United States Marshal Service to carry the witness was served with a subpoena, ex- ‘‘(2) REVIEW.—The guidelines required by out the provisions of this section $30,000,000 cept that a witness shall not be required to this subsection shall mandate that adminis- for the fiscal year 2001, $5,000,000 for fiscal appear more than 500 miles distant from the trative subpoenas may be issued only after year 2002, and $5,000,000 for fiscal year 2003. place where the witness was served. Wit- review and approval of senior supervisory (c) OTHER EXISTING APPLICABLE LAW.— nesses summoned under this section shall be personnel within the respective investigative Nothing in this section shall be construed to paid the same fees and mileage that are paid agency or component of the Department of limit any existing authority under any other witnesses in the courts of the United States. Justice. provision of Federal or State law for law en- ‘‘(c) SERVICE.— ‘‘(g) DELAYED NOTICE.— forcement agencies to locate or apprehend ‘‘(1) AGENT.—A subpoena issued under this ‘‘(1) IN GENERAL.—Where an administrative fugitives through task forces or any other section may be served by any person des- subpoena is issued under this section to a means. ignated in the subpoena as the agent of serv- provider of electronic communication serv- SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPRE- ice. ice (as defined in section 2510 of this title) or HEND FUGITIVES. ‘‘(2) NATURAL PERSON.—Service upon a nat- remote computing service (as defined in sec- (a) IN GENERAL.—Chapter 49 of title 18, ural person may be made by personal deliv- tion 2711 of this title), the Attorney General United States Code, is amended by adding at ery of the subpoena to that person or by cer- may— the end the following: tified mail with return receipt requested. ‘‘(A) in accordance with section 2705(a) of ‘‘§ 1075. Administrative subpoenas to appre- ‘‘(3) CORPORATION.—Service may be made this title, delay notification to the sub- hend fugitives upon a domestic or foreign corporation or scriber or customer to whom the record per- tains; and ‘‘(a) DEFINITIONS.—In this section: upon a partnership or other unincorporated ‘‘(B) apply to a court, in accordance with ‘‘(1) FUGITIVE.—The term ‘fugitive’ means association that is subject to suit under a section 2705(b) of this title, for an order com- a person who— common name, by delivering the subpoena to manding the provider of electronic commu- ‘‘(A) having been accused by complaint, in- an officer, to a managing or general agent, nication service or remote computing service formation, or indictment under Federal law or to any other agent authorized by appoint- not to notify any other person of the exist- or having been convicted of committing a ment or by law to receive service of process. ence of the subpoena or court order. felony under Federal law, flees or attempts ‘‘(4) AFFIDAVIT.—The affidavit of the per- ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If to flee from or evades or attempts to evade son serving the subpoena entered on a true a subpoena is issued under this section to a the jurisdiction of the court with jurisdic- copy thereof by the person serving it shall be financial institution for financial records of tion over the felony; proof of service. any customer of such institution, the Attor- ‘‘(B) having been accused by complaint, in- ‘‘(d) CONTUMACY OR REFUSAL.— ney General may apply to a court under sec- formation, or indictment under State law or ‘‘(1) IN GENERAL.—In the case of the contu- tion 1109 of the Right to Financial Privacy having been convicted of committing a fel- macy by or refusal to obey a subpoena issued Act of 1978 (12 U.S.C. 3409) for an order to ony under State law, flees or attempts to to any person, the Attorney General may in- delay customer notice as otherwise required. flee from, or evades or attempts to evade, voke the aid of any court of the United ‘‘(3) NONDISCLOSURE REQUIREMENTS.— the jurisdiction of the court with jurisdic- States within the jurisdiction of which the ‘‘(A) IN GENERAL.—Except as provided in tion over the felony; investigation is carried on or of which the paragraphs (1) and (2), the Attorney General ‘‘(C) escapes from lawful Federal or State subpoenaed person is an inhabitant, or in may apply to a court for an order requiring custody after having been accused by com- which he carries on business or may be the party to whom an administrative sub- plaint, information, or indictment or having found, to compel compliance with the sub- poena is directed to refrain from notifying been convicted of committing a felony under poena. The court may issue an order requir- any other party of the existence of the sub- Federal or State law; or ing the subpoenaed person to appear before poena or court order for such period as the ‘‘(D) is in violation of subparagraph (2) or the Attorney General to produce records if court deems appropriate. (3) of the first undesignated paragraph of sec- so ordered. ‘‘(B) ORDER.—The court shall enter such tion 1073. ‘‘(2) CONTEMPT.—Any failure to obey the order if it determines that there is reason to ‘‘(2) INVESTIGATION.—The term ‘investiga- order of the court may be punishable by the tion’ means, with respect to a State fugitive court as contempt thereof. believe that notification of the existence of described in subparagraph (B) or (C) of para- ‘‘(3) PROCESS.—All process in any case to the administrative subpoena will result in— graph (1), an investigation in which there is enforce an order under this subsection may ‘‘(i) endangering the life or physical safety reason to believe that the fugitive fled from be served in any judicial district in which of an individual; or evaded, or attempted to flee from or the person may be found. ‘‘(ii) flight from prosecution; evade, the jurisdiction of the court, or es- ‘‘(4) RIGHTS OF SUBPOENA RECIPIENT.—Not ‘‘(iii) destruction of or tampering with evi- caped from custody, in or affecting, or using later than 20 days after the date of service of dence; any facility of, interstate or foreign com- an administrative subpoena under this sec- ‘‘(iv) intimidation of potential witnesses; merce, or as to whom an appropriate law en- tion upon any person, or at any time before or forcement officer or official of a State or po- the return date specified in the subpoena, ‘‘(v) otherwise seriously jeopardizing an in- litical subdivision has requested the Attor- whichever period is shorter, such person may vestigation or undue delay of a trial. ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any ney General to assist in the investigation, file, in the district within which such person resides, is found, or transacts business, a pe- person, including officers, agents, and em- and the Attorney General finds that the par- ployees, who in good faith produce the ticular circumstances of the request give rise tition to modify or quash such subpoena on grounds that— records or items requested in a subpoena to a Federal interest sufficient for the exer- shall not be liable in any court of any State ‘‘(A) the terms of the subpoena are unrea- cise of Federal jurisdiction pursuant to sec- or the United States to any customer or sonable or unnecessary; tion 1075. other person for such production or for non- ‘‘(B) the subpoena fails to meet the re- ‘‘(3) STATE.—The term ‘State’ means a disclosure of that production to the cus- quirements of this section; or State of the United States, the District of tomer, in compliance with the terms of a Colombia, and any commonwealth, territory, ‘‘(C) the subpoena violates the constitu- court order for nondisclosure.’’. or possession of the United States. tional rights or any other legal rights or (b) TECHNICAL AND CONFORMING AMEND- ‘‘(b) SUBPOENAS AND WITNESSES.— privilege of the subpoenaed party. MENT.—The analysis for chapter 49 of title 18, ‘‘(1) SUBPOENAS.—In any investigation with ‘‘(e) REPORT.— United States Code, is amended by adding at respect to the apprehension of a fugitive, the ‘‘(1) IN GENERAL.—The Attorney General the end the following: Attorney General may subpoena witnesses shall report in January of each year to the ‘‘1075. Administrative subpoenas to appre- for the purpose of the production of any Committees on the Judiciary of the Senate hend fugitives.’’. and the House of Representatives on the records (including books, papers, documents, SEC. 4. STUDY AND REPORT OF THE USE OF AD- electronic data, and other tangible and in- number of administrative subpoenas issued MINISTRATIVE SUBPOENAS. tangible items that constitute or contain under this section, whether each matter in- Not later than December 31, 2001, the At- evidence) that the Attorney General finds, volved a fugitive from Federal or State torney General, in consultation with the based on articulable facts, are relevant to charges, and identification of the agency or Secretary of the Treasury, shall complete a discerning the whereabouts of the fugitive. A component of the Department of Justice study on the use of administrative subpoena subpoena under this subsection shall de- issuing the subpoena and imposing the power by executive branch agencies or enti- scribe the records or items required to be charges. ties and shall report the findings to the Com- produced and prescribe a return date within ‘‘(2) EXPIRATION.—The reporting require- mittees on the Judiciary of the Senate and a reasonable period of time within which the ment of this subsection shall terminate in 3 the House of Representatives. Such report records or items can be assembled and made years after the date of enactment of this sec- shall include— available. tion. (1) a description of the sources of adminis- ‘‘(2) WITNESSES.—The attendance of wit- ‘‘(f) GUIDELINES.— trative subpoena power and the scope of such nesses and the production of records may be ‘‘(1) IN GENERAL.—The Attorney General subpoena power within executive branch required from any place in any State or shall issue guidelines governing the issuance agencies; other place subject to the jurisdiction of the of administrative subpoenas pursuant to this (2) a description of applicable subpoena en- United States at any designated place where section. forcement mechanisms;

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7720 CONGRESSIONAL RECORD — SENATE July 26, 2000 (3) a description of any notification provi- STATE TO BE CONSULAR OFFICERS AND/OR SECRE- following the prayer, the Journal of TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED sions and any other provisions relating to proceedings be approved to date, the STATES OF AMERICA, AS INDICATED: safeguarding privacy interests; CONSULAR OFFICERS AND SECRETARIES IN THE DIP- morning hour be deemed expired, the LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: (4) a description of the standards governing time for the two leaders be reserved for the issuance of administrative subpoenas; JOHN F. ALOIA, OF NEW JERSEY and their use later in the day, and the Sen- EDIE J. BACKMAN, OF VIRGINIA ate then begin a period of morning CHRISTOPHER J. BANE, OF VIRGINIA (5) recommendations from the Attorney DESIREE A. BARON, OF MICHIGAN General regarding necessary steps to ensure business for Coverdell tributes only DAVID HILL BENNER, OF VIRGINIA that administrative subpoena power is used DANA M. BROWN, OF CALIFORNIA until 11 a.m., with Senators permitted CHRISTOPHER P. CHIARELLO, OF VIRGINIA and enforced consistently and fairly by exec- to speak for up to 10 minutes each. D. SHANE CHRISTENSEN, OF CALIFORNIA utive branch agencies. ELIZABETH OVERTON COLTON, OF VIRGINIA The PRESIDING OFFICER. Without LAMONT CARY COLUCCI, OF WISCONSIN f objection, it is so ordered. JOHN P. COONEY III, OF NEW YORK CHAD PARKER CUMMINS, OF CALIFORNIA ORDER FOR COMMITTEES TO FILE f ERIC G. FALLS, OF VIRGINIA EVAN T. FELSING, OF NEW JERSEY LEGISLATIVE MATTERS PROGRAM MARGARET J. FLETCHER, OF VIRGINIA ELISE J. FOX, OF CALIFORNIA Mr. DEWINE. Mr. President, I ask Mr. DEWINE. When the Senate con- SAMIR A. GEORGE, OF VIRGINIA unanimous consent that, notwith- MICHAEL JOSEPH GIARUCKIS, OF FLORIDA venes at 9:30 a.m., the Senate will be in JULIET S. GOLE, OF MARYLAND standing the adjournment of the Sen- a period of morning business until 11 GLENN GRIMES, OF VIRGINIA ate, committees have until 1 p.m. on GLENN JAMES GUIMOND, OF CALIFORNIA a.m. for statements in memory of Sen- TRACY HAILEY GEORGIEVA, OF FLORIDA Friday, August 25, in order to file legis- ator Paul Coverdell. Following morn- NORMAN C. HALL, OF VIRGINIA lative matters. JENNY S. HAN, OF LOUISIANA ing business, the Senate will have a JASON M. HANCOCK, OF VIRGINIA The PRESIDING OFFICER. Without swearing-in ceremony for Senator-des- RUTH ANN HARGUS, OF VIRGINIA objection, it is so ordered. ANDREW R. HERRUP, OF THE DISTRICT OF COLUMBIA ignate Zell Miller. After the ceremony NICHOLAS J. HILGERT III, OF VIRGINIA f and the remarks by the Senator-des- CHARLES DAVID HILLON, OF VIRGINIA KIMBERLY A. HOFFSTROM, OF FLORIDA MEASURE READ FOR THE FIRST ignate, the Senate will proceed to a HANS A. HOLMER, OF THE DISTRICT OF COLUMBIA cloture vote on the motion to proceed JOHN A. IRVIN, OF VIRGINIA TIME—S. 2940 KEVIN A. KIERCE, OF VIRGINIA to the energy and water appropriations JOSEPH C. KOEN, OF TEXAS Mr. DEWINE. Mr. President, I under- bill. By previous order, following the JOHN A. KRINGEN, OF VIRGINIA stand that S. 2940 is at the desk, and I ANNE M. LARSON, OF VIRGINIA cloture vote, the Senate will begin con- BRYAN D. LARSON, OF COLORADO ask for its first reading. sideration of the conference report to EUGENE LENSTON, OF CALIFORNIA The PRESIDING OFFICER. The DAVID WALTER LETTENEY, OF MARYLAND accompany the Department of Defense DANA M. LINNET, OF MASSACHUSETTS clerk will report the bill by title. appropriations bill, with a vote to GREGORY DANIEL LOGERFO, OF NEW YORK The legislative clerk read as follows: DAVID P. MATHEWSON, OF VIRGINIA occur at approximately 3:15 p.m. As- LORRIE W. MC CORKELL, OF VIRGINIA A bill (S. 2940) to authorize additional as- suming cloture is invoked on the mo- CRAIG W. MC GARRAH III, OF VIRGINIA sistance for international malaria control, RANDALL T. MERIDETH, OF MINNESOTA tion to proceed to the energy and water EDWARD L. MICCIO, OF CALIFORNIA and to provide for coordination and consulta- appropriations bill, the Senate will FRANKLIN B. MILES, OF VIRGINIA tion in providing assistance under the For- DAVID ERIC MITCHELL, OF TEXAS eign Assistance Act of 1961 with respect to then begin 30 hours of postcloture de- ANNE MARIE MOORE, OF NEW HAMPSHIRE DAVID THOMAS MOORE, OF CALIFORNIA malaria, HIV, and tuberculosis. bate. As a reminder, cloture was filed on KATHARINE MOSELEY, OF THE DISTRICT OF COLUMBIA Mr. DEWINE. Mr. President, I ask for STANLEY M. NESTOR, OF PENNSYLVANIA the motion to proceed to the PNTR MICHAEL J. OLEJARZ, OF FLORIDA its second reading and object to my RANDALL M. OLSON, OF VIRGINIA China legislation during today’s ses- own request. CHRISTOPHER J. PANICO, OF CONNECTICUT sion. It is hoped an agreement can be ANDREW B. PAUL, OF OHIO The PRESIDING OFFICER. Under SHERYL A. PICKNEY-MAAS, OF SOUTH CAROLINA made to schedule that vote for tomor- the order, the bill will receive its next DANIEL MOSHE RENNA, OF THE DISTRICT OF COLUMBIA row afternoon. DAVID N. RICHELSOPH, OF CONNECTICUT reading on the next legislative day. SHERI SIMPSON RIEDL, OF VIRGINIA f SCOTT R. RIEDMANN, OF OHIO f MARK S. RILEY, OF VIRGINIA ADJOURNMENT UNTIL 9:30 A.M. LISA CHRISTINE ROYDEN, OF VIRGINIA MEASURE READ FOR THE FIRST EDWIN S. SAEGER, OF MARYLAND TOMORROW PHILIP S. SALTER, OF VIRGINIA TIME—S. 2941 MARK ANDREW SCHAPIRO, OF NEW YORK Mr. DEWINE. If there is no further GREGORY KENT SCHIFFER, OF TEXAS Mr. DEWINE. Mr. President, I under- business to come before the Senate, I DAVID C. SCHROEDER, OF FLORIDA stand that S. 2941 is at the desk and I MICHAEL K. SINGH, OF ILLINOIS ask for its first reading. now ask unanimous consent the Senate MARY JANE SKAPEK, OF VIRGINIA stand in adjournment under the pre- BRICE SLOAN, OF IDAHO The PRESIDING OFFICER. The MATTHEW DAVID SMITH, OF NEW HAMPSHIRE clerk will read the bill for the first vious order. LEE J. SPERRY, OF VIRGINIA There being no objection, the Senate, RUTH ANNE STEVENS, OF OHIO time. TRACY LYNN TAYLOR, OF THE DISTRICT OF COLUMBIA The legislative clerk read as follows: at 8:04 p.m., adjourned until, Thursday, WILLIAM W. TENNEY, OF VIRGINIA July 27, at 9:30 a.m. BETTY L. WADE, OF WEST VIRGINIA A bill (S. 2941) to amend the Federal Elec- DANIEL JOSEPH WARTKO, OF THE DISTRICT OF COLUM- f BIA tion Campaign Act of 1971 to provide mean- TIMOTHY W. WILKIE, OF HAWAII ingful campaign finance reform through bet- GREGORY M. WINSTEAD, OF FLORIDA ter reporting, decreasing the role of soft NOMINATIONS NOAH S. ZARING, OF IOWA money, and increasing individual contribu- Executive nominations received by DAVID L. ZINKOWICH, OF VIRGINIA tion limits, and for other purposes. THE FOLLOWING-NAMED CAREER MEMBER OF THE the Senate July 26, 2000: FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL Mr. DEWINE. I now ask for its second NATIONAL CREDIT UNION ADMINISTRATION DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- EIGN SERVICE AS INDICATED, EFFECTIVE NOVEMBER 21, reading, and I object to my own re- BOARD 1999: quest. GEOFF BACINO, OF ILLINOIS, TO BE A MEMBER OF THE CAREER MEMBER OF THE SENIOR FOREIGN SERVICE The PRESIDING OFFICER. The ob- NATIONAL CREDIT UNION ADMINISTRATION BOARD FOR OF THE UNITED STATES OF AMERICA, CLASS OF COUN- THE TERM OF SIX YEARS EXPIRING AUGUST 2, 2005, VICE SELOR: jection is heard. NORMAN E. D’AMOURS, TERM EXPIRED. AGENCY FOR INTERNATIONAL DEVELOPMENT The bill will be read the second time DEPARTMENT OF TRANSPORTATION GEORGE DEIKUN, OF CALIFORNIA on the next legislative day. DAVID Z. PLAVIN, OF NEW YORK, TO BE A MEMBER OF THE FOLLOWING-NAMED CAREER MEMBER OF THE f THE FEDERAL AVIATION MANAGEMENT ADVISORY FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR COUNCIL FOR A TERM OF ONE YEAR. (NEW POSITION) PROMOTION INTO THE SENIOR FOREIGN SERVICE AS IN- ORDERS FOR THURSDAY, JULY 27, BROADCASTING BOARD OF GOVERNORS DICATED, EFFECTIVE NOVEMBER 21, 1999: CAREER MEMBER OF THE SENIOR FOREIGN SERVICE 2000 EDWARD E. KAUFMAN, OF DELAWARE, TO BE A MEM- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR SELOR: Mr. DEWINE. Mr. President, I ask A TERM EXPIRING AUGUST 13, 2003. (REAPPOINTMENT) DEPARTMENT OF STATE unanimous consent that when the Sen- ALBERTO J. MORA, OF FLORIDA, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS FOR A TERM PAUL G. CHURCHILL, OF ILLINOIS ate completes its business today, it ad- EXPIRING AUGUST 13, 2003. (REAPPOINTMENT) IN THE AIR FORCE journ until the hour of 9:30 a.m. on FOREIGN SERVICE Thursday, July 27. I further ask con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- sent that on Thursday, immediately SERVICE OF THE DEPARTMENT OF COMMERCE AND CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE

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AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STEVE J. BRASINGTON, 0000 THOMAS C. PATTON, 0000 601: WAYNE A. BREER, 0000 JEFFREY R. PEARCE, 0000 PETER S. BRIGHTMAN, 0000 WILLIAM T. PERKINS, 0000 To be general RANDY S. BRINKMANN, 0000 JOHN F. PIERCE, 0000 LT. GEN. CHARLES R. HOLLAND, 0000 SHERRY L. BROWN, 0000 SANFORD POLLAK, 0000 MICHAEL J. CATANESE, 0000 PAUL J. PONTIER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIMON K. CHAN, 0000 EDWARD J. POSNAK, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RENEE C. CLANCY, 0000 BRUCE M. POTENZA, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LOGAN V. COCKRUM, JR., 0000 PRESCOTT L. PRINCE, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PRISCILLA B. COE, 0000 KAREN PURDIN, 0000 601: FREDERICK J. COLE, 0000 JANET J. L. QUINN, 0000 DOUGLAS R. CONTE, 0000 BRUCE T. REED, 0000 To be lieutenant general KEVIN B. COOK, 0000 GARY M. REITER, 0000 LAWRENCE H. COPPOCK, JR., 0000 MAJ. GEN. GLEN W. MOORHEAD III, 0000 RONALD G. RESS, 0000 CELINDA R. CREWS, 0000 MICHAEL D. RIGG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN W. CROPP, 0000 JOHN K. ROBERTSON, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KAREN C. DANTIN, 0000 PAUL P. ROUNTREE, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DONNA E. DEHART, 0000 BRUCE A. RUMSCH, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JOSEPH P. DERVAY, 0000 KAROLYN K. RYAN, 0000 601: MICHAEL L. DETZKY, 0000 LINDA K. M. SALYER, 0000 STEPHEN I. DEUTSCH, 0000 JOSE SAMSON, 0000 To be lieutenant general BILLY K. DODSON, 0000 DAVID F. SCACCIA, 0000 PATRICK G. DONOVAN, 0000 LT. GEN. NORTON A. SCHWARTZ, 0000 RICHARD J. SCAPPINI, 0000 TERESA L. DOYLE, 0000 REINHART SCHELERT, 0000 IN THE ARMY MICHAEL A. DROLL, 0000 PAUL E. SCHMIDT, JR, 0000 CYNTHIA A. DULLEA, 0000 RANDALL K. SCHMITT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLARETTA Y. DUPREE, 0000 STEVEN R. SCHNEIDER, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED SCOTT W. ECK, 0000 JOHN R. SCHUSTER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CARL F. ERCK, 0000 KEVIN G. SEAMAN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, JOHN C. ERLANDSON, 0000 CAROL F. SEDNEK, 0000 AND AS A SENIOR MEMBER OF THE MILITARY STAFF WILLIE E. EVANS, 0000 STEPHEN W. SEELIG, 0000 COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, LARRY D. FARR, 0000 CATHERINE P. SESSIONS, 0000 U.S.C., SECTION 711: WALTER W. FARRELL, 0000 ROBERT A. SHARP, 0000 JAMES R. FELL, 0000 THOMAS G. SHAW, 0000 To be lieutenant general BRIAN E. FERGUSON, 0000 EUGENE M. SIBICK, 0000 MAJ. GEN. JOHN P. ABIZAID, 0000 ELAINE A. FINCHER, 0000 WILLIAM F. FISCHER, 0000 JARED H. SILBERMAN, 0000 To be lieutenant general WESTBY G. FISHER, 0000 BARBARA A. SISSON, 0000 CAROL A. FORSSELL, 0000 SUSAN M. SKINNER, 0000 LT. GEN. EDWARD G. ANDERSON III, 0000 MICHAEL J. FRAC, 0000 MARTIN E. SMITH, 0000 GREGORY FRAILEY, 0000 PAUL R. SMITH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SANDRA S. FRANKLIN, 0000 CHRISTOPHER W. SOIKA, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DONALD GALLIGAN, 0000 CATHERINE E. SPANGLER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PAUL M. GAMBLE, 0000 CRAIG W. SPENCER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: V.A. GARBARINI, 0000 CHRISTOPHER C. STAEHELI, 0000 To be lieutenant general FREDERICK GENUALDI, 0000 ALLAN M. STANCZAK, 0000 LEON A. GEORGE, 0000 PAUL W. STEEL, 0000 MAJ. GEN. BRYAN D. BROWN, 0000 WILLIAM F. R. GILROY, 0000 VICTOR G. STIEBEL, 0000 DONALD R. GINTZIG, 0000 ORSURE W. STOKES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GLORIA S. GLENEWINKEL, 0000 MARC A. SUMMERS, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARY A. GONZALEZ, 0000 MICHAEL A. SZYMANSKI, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JULIA C. GOODIN, 0000 LESLIE J. TENARO, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENT S. GORE, 0000 ARTHUR F. I. THIBODEAU II, 0000 To be lieutenant general TIMOTHY M. GRIGGS, 0000 PAMELA L. M. THOMPSON, 0000 THOMAS C. GUERCI, 0000 KEITH G. TOWNSLEY, 0000 LT. GEN. WILLIAM P. TANGNEY, 0000 ANNE L. GUZA, 0000 JANET L. TREMBLAY, 0000 RALPH W. TURNER, JR, 0000 IN THE MARINE CORPS KENT N. HALL, 0000 OLEH HALUSZKA, 0000 WILLIAM M. TURNER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARY E. HARDING, 0000 SUSAN P. TYE, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE CHARLES D. HARR, 0000 TIMOTHY E. TYRE, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- BEVERLY D. HEDGEPETH, 0000 DAVID S. VANDERBILT, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., MARIE C. HEIMERDINGER, 0000 DAVID O. VOLLENWEIDER II, 0000 SECTION 601: KATHLEEN G. HENNELLY, 0000 MARIAN C. WELLS, 0000 JEFFREY A. HILL, 0000 MELVIN D. WETZEL II, 0000 To be lieutenant general JANICE J. HOFFMAN, 0000 MARY S. WHEELER, 0000 STEPHEN B. WHITE, 0000 MAJ. GEN. MICHAEL P. DELONG, 0000 JAMES L. HONEY, 0000 MICHAEL D. HOOD, 0000 BARBARA A. WHITING, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACK N. HOSTETTER, 0000 NANCY A. WINCHESTER, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE JAMES G. HUPP, 0000 JEROME A. WISNIEW, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- KATHERINE L. IMMERMAN, 0000 RICHARD J. WOLFRAM, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., JANICE R. JOHNSON, 0000 JOAN H. WOOTEN, 0000 SECTION 601: EDWARD C. KASSAB, 0000 PATRICIA E. YAP, 0000 PAMELA A. KEEN, 0000 BRIAN G. YONISH, 0000 To be lieutenant general KEVIN M. KENNY, 0000 JAMES YOUNG, 0000 JOHN ZAREM, 0000 MAJ. GEN. GREGORY S. NEWBOLD, 0000 MICHAEL J. KING, 0000 ANN M. KOLSHAK, 0000 DEPARTMENT OF TRANSPORTATION IN THE NAVY STEPHEN KORONKA, 0000 HUGH S. KROELL, JR., 0000 SUE BAILEY, OF MARYLAND, TO BE ADMINISTRATOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID R. LAIB, 0000 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS- IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEVEN R. LAPP, 0000 TRATION, VICE RICARDO MARTINEZ, RESIGNED. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROSANNE V. LEAHY, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LINDA M. LENAHAN, 0000 To be vice admiral PATRICIA A. LEONARD, 0000 f FREDERICK S. LOCHTE, 0000 VICE ADM. WALTER F. DORAN, 0000 RAYMOND K. LOFINK, 0000 ADRIEL LOPEZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERRY M. LOUIE, 0000 WITHDRAWAL TO THE GRADE INDICATED IN THE UNITED STATES BRIAN M. MADDEN, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CLOVIS E. MANLEY, 0000 Executive message transmitted by To be captain CHARLES J. MARDEN, JR., 0000 the President to the Senate on July 26, MICHAELEEN MASON, 0000 WILLIAM B. ACKER III, 0000 JOHN W. MASTERS, 0000 2000, withdrawing from further Senate DENNIS L. ANDERSON, 0000 WILLIAM J. MC ELLROY, JR., 0000 consideration the following nomina- JAMES W. ANTHAMATTEN, 0000 JEANETTE L. MC GRAW, 0000 PAUL E. ANTONIOU, 0000 THOMAS P. MC GREGOR, 0000 tion: TERRENCE E. ARAGONI, 0000 CRAIG L. MEADOWS, 0000 ANA M. AVILLANROSA, 0000 L.M. MECKLER IV, 0000 DEPARTMENT OF JUSTICE JAMES G. BAKER, 0000 IGNACIO I. MENDIGUREN, 0000 JOHN R. SIMPSON, OF MARYLAND, TO BE A COMMIS- DANIEL J. BALBERCHAK, JR., 0000 JUDY R. MERRING, 0000 SIONER OF THE UNITED STATES PAROLE COMMISSION JOHN D. BALUCH, 0000 MELISSA M. MERRITT, 0000 FOR A TERM OF SIX YEARS (REAPPOINTMENT), WHICH WENDY L. BARNES, 0000 JAMES A. MILLER, 0000 WAS SENT TO THE SENATE ON JULY 19, 1999. CRAIG L. BARTOS, 0000 JOHN H. MILLER II, 0000 JEFFREY J. BARTZ, 0000 RICHARD J. MILLS, 0000 MICHAEL G. BENAC, 0000 LAURA J. MIRKINSON, 0000 f STEPHEN A. BIRD, 0000 DIANA L. MITTSCARCAVALLO, 0000 JERRY J. BISHOP II, 0000 EDA MORENO, 0000 WAYNE A. BLEY, 0000 CATHERINE J. MORTON, 0000 PAUL M. BLOSE, JR., 0000 RICHARD J. MULLINS, 0000 CONFIRMATION PHILIP L. BOERSTLER, 0000 KARLA J. NACION, 0000 JULIE L. BOHANNON, 0000 GORDON S. NAYLOR, 0000 Executive nomination confirmed by BRUCE H. BOKONY, 0000 JEFFREY M. NEVELS, 0000 the Senate July 26, 2000: MICHAEL T. BOND, 0000 ROBERT S. NEWMAN, 0000 CHRISTINA M. BONNER, 0000 MICHAEL S. OCONNOR, 0000 DEPARTMENT OF ENERGY DOUGLAS J. BOWER, 0000 WANG S. OHM, 0000 KENNETH G. BRADSHAW, 0000 JOAN M. OLSON, 0000 MILDRED SPIEWAK DRESSELHAUS, OF MASSACHU- MARK V. BRADY, 0000 RICHARD E. OSWALD, JR., 0000 SETTS, TO BE DIRECTOR OF THE OFFICE OF SCIENCE, DE- THOMAS D. BRANT, 0000 JOHN W. OWEN, 0000 PARTMENT OF ENERGY.

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